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HomeMy WebLinkAboutJanuary 3, 2006 ARC Commission meeting REGULAR MEETING COMMISSION CHAMBER January 3, 2006 Augusta-Richmond County Commission convened at 2:08 p.m., January 3, 2006, the Honorable Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Colclough, 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. Mr. Mayor: We would now like to call on the Hon. Carl C. Brown, Jr. to administer the oath of office to Commissioner Betty Beard. Judge Brown: Repeat after me. I do solemnly swear or affirm— Ms. Beard: I solemnly swear or affirm— Judge Brown: That I will well and truly— Ms. Beard: That I will well and truly— Judge Brown: Discharge the duties— Ms. Beard: Discharge the duties— Judge Brown: Of Commissioner— Ms. Beard: Of Commissioner— Judge Brown: For Richmond County— Ms. Beard: For Richmond County— Judge Brown: District 1— Ms. Beard: District 1— Judge Brown: In all matters— Ms. Beard: In all matters— Judge Brown: Which require— 1 Ms. Beard: Which require— Judge Brown: My official action— Ms. Beard: My official action— Judge Brown: To the best of my knowledge— Ms. Beard: To the best of my knowledge— Judge Brown: And skill— Ms. Beard: And skill— Judge Brown: And I will so act— Ms. Beard: And I will so act— Judge Brown: As in my judgment— Ms. Beard: As in my judgment— Judge Brown: What is most conducive— Ms. Beard: What is most conducive— Judge Brown: To the welfare— Ms. Beard: To the welfare— Judge Brown: And best interest— Ms. Beard: And best interest— Judge Brown: Of the entire county— Ms. Beard: Of the entire county— Judge Brown: And that I have been a resident— Ms. Beard: And that I have been a resident— Judge Brown: Of this District— Ms. Beard: Of this District— 2 Judge Brown: For the time required— Ms. Beard: For the time required— Judge Brown: By the laws of the State— Ms. Beard: By the laws of the State— Judge Brown: I do further solemnly swear or affirm— Ms. Beard: I do further solemnly swear or affirm— Judge Brown: That I am not— Ms. Beard: That I am not— Judge Brown: The holder of— Ms. Beard: The holder of— Judge Brown: Any unaccounted for— Ms. Beard: Any unaccounted for— Judge Brown: Public money— Ms. Beard: Public money— Judge Brown: Due this state— Ms. Beard: Due this state— Judge Brown: Or any political— Ms. Beard: Or any political— Judge Brown: Subdivision— Ms. Beard: Subdivision— Judge Brown: Or authority thereof— Ms. Beard: Or authority thereof— Judge Brown: That I am not— 3 Ms. Beard: That I am not— Judge Brown: The holder of— Ms. Beard: The holder of— Judge Brown: Any office of trust— Ms. Beard: Any office of trust— Judge Brown: Under the government— Ms. Beard: Under the government— Judge Brown: Of the United States— Ms. Beard: Of the United States— Judge Brown: Any other state— Ms. Beard: Any other state— Judge Brown: Or any foreign state— Ms. Beard: Or any foreign state— Judge Brown: Which I am prohibited— Ms. Beard: Which I am prohibited— Judge Brown: From holding— Ms. Beard: From holding— Judge Brown: By the laws of the state of Georgia— Ms. Beard: By the laws of the state of Georgia— Judge Brown: And that I am otherwise— Ms. Beard: And that I am otherwise— Judge Brown: Qualified to hold said office— Ms. Beard: Qualified to hold said office— 4 Judge Brown: According to the Constitution— Ms. Beard: According to the Constitution— Judge Brown: Of the United States— Ms. Beard: Of the United States— Judge Brown: And the laws of Georgia— Ms. Beard: And the laws of Georgia— Judge Brown: And that I will support— Ms. Beard: And that I will support— Judge Brown: The Constitutions— Ms. Beard: The Constitutions— Judge Brown: Of the United States— Ms. Beard: Of the United States— Judge Brown: And of this state— Ms. Beard: And of this state— Judge Brown: So help me God. Ms. Beard: So help me God. Judge Brown: I will now administer the loyalty oath. Please repeat after me. I, Betty Beard— Ms. Beard: I, Betty Beard— Judge Brown: A citizen of Richmond County, Georgia— Ms. Beard: A citizen of Richmond County, Georgia— Judge Brown: And being an employee of Augusta, Georgia— Ms. Beard: And being an employee of Augusta, Georgia— 5 Judge Brown: And the recipient of public funds— Ms. Beard: And the recipient of public funds— Judge Brown: For services rendered— Ms. Beard: For services rendered— Judge Brown: As such employee— Ms. Beard: As such employee— Judge Brown: Do hereby solemnly swear— Ms. Beard: Do hereby solemnly swear— Judge Brown: And affirm— Ms. Beard: And affirm— Judge Brown: That I will support— Ms. Beard: That I will support— Judge Brown: The Constitution— Ms. Beard: The Constitution— Judge Brown: Of the United States— Ms. Beard: Of the United States— Judge Brown: And the Constitution of Georgia— Ms. Beard: And the Constitution of Georgia— Judge Brown: So help me God. Ms. Beard: So help me God. Judge Brown: Congratulations. [A round of applause is given.] Mr. Mayor: I would like to now call on the Hon. Judge Bernard Mulherin to administer the oath of office to Joe Bowles. 6 Judge Mulherin: I, too, would like to congratulate Joe on his election and I have great confidence in his background, financial background. I wish I had the knowledge that he has, but I think he will be a real asset to the Commission with his training and Paine College, his current employment. I got to thinking—my family goes back I tried to figure—can I remember when I was eight years old? If I could, then I’ve known the Bowles family for 65 years. Been good friends with his daddy, his two uncles. We got a long back and I’m really delighted to have been asked by Joe to perform this service. If you’ll put your left hand there and raise your right hand. This is the State of Georgia, Richmond County, I, Joe Bowles— Mr. Bowles: I, Joe Bowles— Judge Mulherin: Do swear or affirm— Mr. Bowles: Do swear or affirm— Judge Mulherin: That I will well and truly— Mr. Bowles: That I will well and truly— Judge Mulherin: Discharge the duties— Mr. Bowles: Discharge the duties— Judge Mulherin: Of Commissioner for Richmond County, District 3— Mr. Bowles: Of Commissioner for Richmond County, District 3— Judge Mulherin: In all matters— Mr. Bowles: In all matters— Judge Mulherin: Which require my official action— Mr. Bowles: Which require my official action— Judge Mulherin: To the best of my knowledge and skill— Mr. Bowles: To the best of my knowledge and skill— Judge Mulherin: And I will so act— Mr. Bowles: And I will so act— Judge Mulherin: As in my judgment— 7 Mr. Bowles: As in my judgment— Judge Mulherin: Will be most conducive— Mr. Bowles: Will be most conducive— Judge Mulherin: To the welfare and best interest of the entire county— Mr. Bowles: To the welfare and best interest of the entire county— Judge Mulherin: And that I have been a resident— Mr. Bowles: And that I have been a resident— Judge Mulherin: Of this District— Mr. Bowles: Of this District— Judge Mulherin: For the time required— Mr. Bowles: For the time required— Judge Mulherin: By the laws of this state— Mr. Bowles: By the laws of this state— Judge Mulherin: I do further solemnly swear or affirm— Mr. Bowles: I do further solemnly swear or affirm— Judge Mulherin: That I am not the holder— Mr. Bowles: That I am not the holder— Judge Mulherin: Of any unaccounted for— Mr. Bowles: Of any unaccounted for— Judge Mulherin: Public money due this state— Mr. Bowles: Public money due this state— Judge Mulherin: Or any political subdivision— Mr. Bowles: Or any political subdivision— 8 Judge Mulherin: Or authority thereof— Mr. Bowles: Or authority thereof— Judge Mulherin: That I am not the holder— Mr. Bowles: That I am not the holder— Judge Mulherin: Of any office of trust— Mr. Bowles: Of any office of trust— Judge Mulherin: Under the government of the United States— Mr. Bowles: Under the government of the United States— Judge Mulherin: Or any other state— Mr. Bowles: Or any other state— Judge Mulherin: Or any foreign state— Mr. Bowles: Or any foreign state— Judge Mulherin: Which I am prohibited— Mr. Bowles: Which I am prohibited— Judge Mulherin: From holding— Mr. Bowles: From holding— Judge Mulherin: By the laws of the state of Georgia— Mr. Bowles: By the laws of the state of Georgia— Judge Mulherin: And that I am otherwise qualified— Mr. Bowles: And that I am otherwise qualified— Judge Mulherin: To hold said office— Mr. Bowles: To hold said office— Judge Mulherin: According to the Constitution of the United States— 9 Mr. Bowles: According to the Constitution of the United States— Judge Mulherin: And the laws of Georgia— Mr. Bowles: And the laws of Georgia— Judge Mulherin: And that I will support— Mr. Bowles: And that I will support— Judge Mulherin: The Constitutions of the United States and of this state— Mr. Bowles: The Constitutions of the United States and of this state— Judge Mulherin: So help me God. Mr. Bowles: So help me God. Judge Mulherin: All right, if you’ll continue to keep your hand raised and your hand on the Bible, we will now give the loyalty oath. Again, in the State of Georgia and County of Richmond. I, Joe Bowles— Mr. Bowles: I, Joe Bowles— Judge Mulherin: A citizen of Richmond County, Georgia— Mr. Bowles: A citizen of Richmond County, Georgia— Judge Mulherin: And being an employee of Augusta, Georgia— Mr. Bowles: And being an employee of Augusta, Georgia— Judge Mulherin: And the recipient of public funds— Mr. Bowles: And the recipient of public funds— Judge Mulherin: For services rendered as such employee— Mr. Bowles: For services rendered as such employee— Judge Mulherin: Do hereby solemnly swear or affirm— Mr. Bowles: Do hereby solemnly swear or affirm— Judge Mulherin: That I will support— 10 Mr. Bowles: That I will support— Judge Mulherin: The Constitution of the United States— Mr. Bowles: The Constitution of the United States— Judge Mulherin: And the Constitution of Georgia— Mr. Bowles: And the Constitution of Georgia— Judge Mulherin: So help me God. Mr. Bowles: So help me God. Judge Mulherin: Congratulations, Mr. Commissioner. [A round of applause is given.] Judge Mulherin: For the benefit of the folks who might wonder really why y’all are signing papers today— [Laughter] Mr. Mayor: Thank you, Judge. I would like to now call on the Hon. David Watkins to administer the oath of office to Commissioner-Elect Holland. Judge Watkins: I do have the privilege of swearing in Coach Holland [unintelligible] indeed an honor. Please raise your right hand and place your left hand on the Bible. [unintelligible] I, Calvin Holland-- Mr. Holland: I, Calvin Holland— Judge Watkins: Do swear or affirm that I will well and truly discharge the duties of Commissioner for Richmond County, District 5 in all matters which require my official action to the best of my knowledge and skill and I will so act as in my judgment will be most conducive to the welfare and best interest of the entire county and that I have been a resident of this District for the time required by the laws of this state. I do further solemnly swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof and that I am not the holder of any office of trust under the government of the United States or any other foreign state, any other state, which I am prohibited From holding by the laws of the state of Georgia and that I am otherwise qualified to hold said office according to the Constitution of the United States and the laws of Georgia and that I will support the Constitutions of the United States and of this state, so help me God. 11 Mr. Holland: So help me God. Judge Watkins: And the loyalty oath. I, Calvin Holland— Mr. Holland: I, Joe Holland— Judge Watkins: A citizen of Richmond County, Georgia, and being an employee of Augusta, Georgia, and the recipient of public funds for services rendered as such employee, do hereby solemnly swear or affirm that I will support the Constitution of the United States and the Constitution of Georgia, so help me God. Mr. Holland: So help me God. Judge Watkins: Congratulations, Mr. Commissioner. [A round of applause is given.] Judge Watkins: Ladies and gentlemen, I give you Commissioner Holland. [A round of applause is given.] Mr. Mayor: And last but not least, I’d like to call on the Hon. Michael Annis to administer the oath of office to Commissioner Jerry Brigham. Judge Annis: I’m like Judge Mulherin, I can say that Jerry Brigham has known my all my life. [Laughter] Mr. Brigham: I knew him when he wore shorts. [Laughter] Judge Annis: Jerry, if you’d raise your right hand and put your left hand on the Bible. I, Jerry Brigham— Mr. Brigham: I, Jerry Brigham— Judge Annis: Do swear or affirm— Mr. Brigham: Do swear or affirm— Judge Annis: That I will well and truly— Mr. Brigham: That I will well and truly— 12 Judge Annis: Discharge the duties— Mr. Brigham: Discharge the duties— Judge Annis: Of Commissioner of Richmond County— Mr. Brigham: Of Commissioner of Richmond County— Judge Annis: District 7— Mr. Brigham: District 7— Judge Annis: In all matters that require my official action— Mr. Brigham: In all matters that require my official action— Judge Annis: To the best of my knowledge and skill— Mr. Brigham: To the best of my knowledge and skill— Judge Annis: And I will so act— Mr. Brigham: And I will so act— Judge Annis: As in my judgment— Mr. Brigham: As in my judgment— Judge Annis: Will be most conducive to the welfare— Mr. Brigham: Will be most conducive to the welfare— Judge Annis: And the best interests— Mr. Brigham: And the best interests— Judge Annis: Of the entire county— Mr. Brigham: Of the entire county— Judge Annis: And that I have been— Mr. Brigham: And that I have been— Judge Annis: A resident of this District— 13 Mr. Brigham: A resident of this District— Judge Annis: For the time required— Mr. Brigham: For the time required— Judge Annis: By the laws of this state— Mr. Brigham: By the laws of this state— Judge Annis: I do further solemnly swear or affirm— Mr. Brigham: I do further solemnly swear or affirm— Judge Annis: That I am not the holder— Mr. Brigham: That I am not the holder— Judge Annis: Of any unaccounted for— Mr. Brigham: Of any unaccounted for monies— Judge Annis: Public monies due this state— Mr. Brigham: Public monies due this state— Judge Annis: Or any political subdivision— Mr. Brigham: Or any political subdivision— Judge Annis: Or authority thereof— Mr. Brigham: Or authority thereof— Judge Annis: That I am not the holder— Mr. Brigham: That I am not the holder— Judge Annis: Of any office or trust— Mr. Brigham: Of any office or trust— Judge Annis: Under the government— Mr. Brigham: Under the government— 14 Judge Annis: Of the United States— Mr. Brigham: Of the United States— Judge Annis: Any other state— Mr. Brigham: Any other state— Judge Annis: Or any foreign state— Mr. Brigham: Or any foreign state— Judge Annis: Which I am prohibited— Mr. Brigham: Which I am prohibited— Judge Annis: From holding by the laws— Mr. Brigham: From holding by the laws— Judge Annis: Of the State of Georgia— Mr. Brigham: Of the State of Georgia— Judge Annis: And that I am otherwise qualified— Mr. Brigham: And that I am otherwise qualified— Judge Annis: To hold said office— Mr. Brigham: To hold said office— Judge Annis: According to the Constitution— Mr. Brigham: According to the Constitution— Judge Annis: Of the United States— Mr. Brigham: Of the United States— Judge Annis: And the laws of Georgia— Mr. Brigham: And the laws of Georgia— Judge Annis: And that I will support the Constitutions— 15 Mr. Brigham: And that I will support the Constitutions— Judge Annis: Of the United States— Mr. Brigham: Of the United States— Judge Annis: And of this State— Mr. Brigham: And of this State— Judge Annis: So help me God. Mr. Brigham: So help me God. Judge Annis: Now, the loyalty oath. I, Jerry, Brigham— Mr. Brigham: I, Jerry Brigham— Judge Annis: A citizen of Richmond County, Georgia— Mr. Brigham: A citizen of Richmond County, Georgia— Judge Annis: And being an employee— Mr. Brigham: And being an employee— Judge Annis: Of Augusta, Georgia— Mr. Brigham: Of Augusta, Georgia— Judge Annis: And the recipient of public funds— Mr. Brigham: And the recipient of public funds— Judge Annis: For services rendered— Mr. Brigham: For services rendered— Judge Annis: Of such employee— Mr. Brigham: Of such employee— Judge Annis: Do hereby solemnly swear— Mr. Brigham: Do hereby solemnly swear— 16 Judge Annis: That I will support the Constitution— Mr. Brigham: That I will support the Constitution— Judge Annis: Of the United States— Mr. Brigham: Of the United States— Judge Annis: And the Constitution of Georgia— Mr. Brigham: And the Constitution of Georgia— Judge Annis: So help me God. Mr. Brigham: So help me God. Judge Annis: All right. [A round of applause is given.] Judge Annis: Commissioner from District 7, Jerry Brigham. [A round of applause is given.] Mr. Mayor: I would now like to call on any of the newly-sworn Commissioners to make any remarks that they would like. Starting with Ms. Beard first, if she would like. Ms. Beard: First of all, I’d like to thank our Lord Jesus Christ for making it possible for me to be here today. I cannot believe I still have a problem with this. But I would like to thank my husband for the type life he lived and for moving in such a manner to make it possible for me to learn and to be able to do this position. And I would like to thank those Commissioners who appointed me at his death and then my st family, friends and citizens of the 1 District for making it possible for me to return. And I have learned that this job is a service. Don’t attempt it if you do not want to make life better for the citizens. No matter what you hear, no matter what they say, that’s why I’m here. I’m here to make Augusta a better place. Not that it remains the same. Make it a better place for everyone who lives here. Thank you. [A round of applause is given.] Mr. Mayor: Commissioner Bowles? Apparently he has left the house so we’ll switch to Commissioner Holland and then come back to Commissioner Bowles. Mr. Holland: Thank you, Mr. Mayor. First of all, I’d like to give honor to God for giving me this opportunity to be blessed for being here today. I want to give a special 17 thanks to Judge Watkins for taking time out of his busy schedule to come and render the oath of office today. We go way back. I imagine Glenn Hills is well represented within the Municipal Building. I also want to give a special thanks to a group of people who I call the winning team. I dare not try to call their names because they know who they are. They’re from the community, they are the ones that worked with me during my campaign. I also would like to thank all of you, the supporters, all of you that thought enough of me to vote for me and supported me in every way that you possibly could. I thank you so very much for that. It would be remiss of me if I did not give special thanks to the lady who has stood by my side for the past thirty years, and when I made the decision to run, she said I am with you all the way. And she has been with me all the way until the last oath that I just finally took. My wife, Barbara. [A round of applause is given.] Mr. Holland: I would like to say also that I took this task because I knew it would be a challenge and I have been challenged all of my life. And I am going to do the best that I possibly can to live up to that oath and to try to be the best Commissioner that the people of District 5 and the people of Richmond County can have, because it’s going to be like my former mentor said, Mr. Ed McIntyre—there will be two kinds of people living in Augusta, those who live here and those who wished they lived here. And that’s what we’re going to make, the other nine Commissioners and this Mayor, that’s what we’re going to make possible for you, the people of Augusta. Thank you and may God bless you. [A round of applause is given.] Mr. Mayor: Amen to that. I’d like to next call on Commissioner Jerry Brigham. Mr. Brigham: Thank you, Mr. Mayor. First of, let me thank my voters, my supporters, the lady that let me do this even when she was in a vertical position and swears she didn’t do it—but she knows my commitment to this city and I appreciate the opportunity to serve this city. Deeply. Augusta is my home, I’ve never wanted to live anywhere else. I don’t want people to say bad things about my home. We can make a difference and we’re going to make a difference. But without y’all’s support nothing in this community will change. We need not to have indecision. We need to have decisions. Right or wrong, we need to move left, right, forward or backwards. But we need to move. We don’t need to sit in place. We don’t need to be stalemated. And I know that if this community wants us to move that we will move. And that everybody in this town has a piece of this government. One way or another. Either the dirt in their yard or the taxes they pay or something. They know something positive about Augusta. I want us all to rejoice in the positives of Augusta and find those words that we can tell others about Augusta and our positives. Because we are apt to tell them what’s wrong with it. And I don’t think that is right. This is my home. This is most everybody in this room’s home. And I expect us to treat people friendly, talk to people. Even if we disagree with them we can listen to them. Maybe we can find a common bond. And that 18 is my hope and prayer of this Commission for this next year, 2006. Appreciate y’all letting me serve you. Thank you. [A round of applause is given.] Mr. Mayor: Thank you, Commissioner Brigham. Next I’d like to call on Commissioner Hatney. You were sworn in last month but you still get to make remarks. [Laughter] Mr. Hatney: First thing, I thank all of you for having some confidence in my again. I thank God all the time because He is the entity that controls my being. I thank my family and those persons who supported me, the campaign workers, and all those persons in Districts 1, 2, 4 and 5. I simply believe that Augusta is a city that is worth of progress. And I do believe we have eleven folks now that can make that happen and I just want to be part of that mix. Thank you. Mr. Mayor: Thank you, Commissioner Hatney. [A round of applause is given.] Mr. Mayor: [unintelligible] Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. I’d first like to thank my wife for making not only the decision for her, to allow me to run, for my two children who are too young to make that decision for themselves. But I come from a ten so it’s just like being at home for me, and I want to tell the people that at no time did my family ever agree on all the issues. So we just must find a common ground to benefit the entire community and more importantly, for all of you to be here today means that you care about this community and your involvement and your feedback to us as Commissioners is what we need. So I thank you. [A round of applause is given.] Mr. Mayor: Thank you so much. I would personally like to thank all the Commissioners, the new Commissioners and second time Commissioners for standing forward and contributing to public service. Thank you so much. And this adjourns the oath of office ceremony. Does anybody need a break? Everybody ready to—okay. The invocation was given by the Reverend Renea D. Slater, St. John United Methodist Church. The Pledge of Allegiance was recited. Mr. Mayor: We will first open with the election of officers and move on to agenda item A, the election of the Mayor Pro Tempore for 2006. 19 ELECTION OF OFFICER(S) A. Election of Mayor-Pro Tempore for 2006. Mr. Colclough: Mr. Mayor, I’d like to nominate Mr. Williams for Mayor Pro Tem. Mr. Grantham: Mr. Mayor? Mr. Mayor: Mr. Grantham? Mr. Grantham: Mr. Mayor, I’d like to nominate to nominate Andy Cheek, Commissioner Andy Cheek as Mayor Pro Tem. Mr. Mayor: Are there any more nominations? Okay, we will— Mr. Grantham: Make a motion nominations be closed. Mr. Colclough: Second. Mr. Mayor: All right. We will now— Mr. Williams: Mr. Mayor? Mr. Mayor: Yes, Mr. Williams? Mr. Williams: Can we have a roll call vote, please, sir? Mr. Mayor: Okay. The Clerk: How do you want to take them? Mr. Mayor: Do you want to do it by District? Okay. Vote on the order they were submitted. The Clerk: Mayor Pro Tem Marion Williams. Roll Call Vote: Ms. Beard: Yes. Mr. Bowles: No. Mr. Brigham: No. Mr. Cheek: No. Mr. Colclough: Yes. Mr. Grantham: No. Mr. Hatney: Yes. Mr. Holland: Yes. 20 Mr. Smith: No. Mr. Williams: Abstain. The Clerk: No action. Mr. Andy Cheek. Roll Call Vote: Ms. Beard: No. Mr. Bowles: Yes. Mr. Brigham: Yes. Mr. Cheek: Yes. Mr. Colclough: No. Mr. Grantham: Yes. Mr. Hatney: No. Mr. Holland: No. Mr. Smith: Yes. Mr. Williams: Abstain. Mr. Brigham: I ask that we put on tabled, move it to the end of the agenda. Mr. Grantham: Second. Mr. Mayor: We’ve got a motion and a second. Any more discussion? Mr. Williams: Yes, sir. Mr. Mayor: Mr. Williams? Mr. Brigham: Mr. Mayor, that motion to table is non-debatable. Mr. Williams: Mr. Mayor, we’re not voting on the motion, yes, but any clarification, now, Mr. Brigham. Mr. Brigham: I made a motion, Mr. Williams. Mr. Williams: I understand. Mr. Brigham: It got a second and I want it voted on. Mr. Mayor: Mr. Brigham, please address the chair. Mr. Brigham: I’m sorry, Mr. Mayor. Mr. Williams: Mr. Mayor, I just needed clarification now. I have no problem with putting it at the end, table, we can pick it up later but I was just going to ask for what reason would we put it on the table, to bring it back? If there was no, if six votes didn’t 21 prevail, Mr. Attorney, I might need you to give a little ruling here, though. What’s the normal procedure? Mr. Shepard: The motion to table should be voted on, Mr. Williams. I don’t think— Mr. Williams: No, sir, not that question. Mr. Mayor: Mr. Williams, please. To the Chair. Mr. Williams: Okay. Mr. Mayor, the motion did not go anywhere for lack of six votes. My question to the Attorney was what’s the procedure when the motion, when there is a vote and not the six votes to carry through? What’s the procedure, Mr. Shepard? Mr. Mayor: Mr. Shepard? Mr. Shepard: The procedure would be that you would vote until you reach a nominee. But you’ve had a motion to table intervene. Therefore, you will have to have it taken off the table in order to continue nominations. Mr. Williams: And in order to have it put back on the table what would you need? Mr. Shepard: You’d have a motion to resume debate or take it off the table—to take it off the table. Mr. Williams: I got no problem. Mr. Mayor: Okay, we have a motion and second. Commissioners will now vote with the usual sign. Mr. Hatney, Mr. Colclough, Mr. Williams and Mr. Holland vote No. Motion carries 6-4. Mr. Mayor: Mr. Parliamentarian, with regard to item B, with item A having been tabled, what is your— Mr. Shepard: Mr. Mayor, you have a sitting Mayor Pro Tem who continues on until his successor is qualified. Therefore, the conference that is usually held at this juncture by the Mayor Pro Tem and the Mayor regarding committee would be appropriate with Mayor Pro Tem Williams. B. Appointment of Standing Committees for 2006-2007. Mr. Mayor: I’d like to recognize Mr. Grantham. 22 Mr. Grantham: Thank you, Mr. Mayor. Mr. Mayor, I’m going to disagree with Mr. Shepard because I feel like until we elect a Mayor Pro Tem that particular item on the agenda does not get addressed, and since we have tabled the election until the end of the meeting then that particular item would come after such an election of the Mayor Pro Tem, and so I think we need to move on to item C. I’m not legal counsel but I think that’s a reasonable way to handle this. Mr. Mayor: Mr. Williams? Mr. Williams: Thank you, Mr. Mayor. I disagree with Mr. Grantham. And I asked the ruling from the Attorney a few minutes ago, asked what happens once that—I wasn’t worried about the motion to take it off the table, but the motion, the question I had to him, what happens? And I think he ruled the law states and the way he should have ruled, that you keep your seat, you keep your appointment until something had changed, where there is a vote. Now, we can’t select when we want to select to keep what we want to keep and let go of what we don’t want to let go. Now, the rule stands and I think the Attorney, who just clarified it just now—now Mr. Grantham can disagree and I disagree with a lot of things. There is no problem. Mr. Brigham said earlier we ought to agree to disagree with each other. But I think the ruling have been made, Mr. Mayor, and I think the Attorney, who is our legal counsel, who supposed to know what he’s talking about— he don’t cut down no trees, he don’t build no houses, I don’t think, but he ought to know the law, and I think he’s clarified that. Mr. Mayor: Mr. Cheek? Mr. Cheek: Motion to table item B. Mr. Brigham: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote with the usual sign. (Vote ties) The Clerk: It’s a tie. Mr. Mayor: Ms. Bonner, is that a tie actually? The Clerk: Yes, sir. Mr. Mayor: Everybody waiting to see what I’m going to do? [Laughter] Mr. Mayor: I vote in favor of the motion. 23 Ms. Beard, Mr. Hatney, Mr. Colclough, Mr. Williams and Mr. Holland vote No. Motion ties 5-5. The Mayor votes Yes. Motion carries 6-5. Mr. Williams: Mr. Mayor? Mr. Mayor: Mr. Williams? Mr. Williams: Clarification here. I think you, the Attorney might be able to assist us with the law, the way it states, but you cannot break a tie when it comes to this body as Commissioners. Now, you may be able to break a tie on an agenda item, but our Attorney, who get paid, and he ought to try [unintelligible] but if you look at—Mr. Shepard, I think it is 36-62 of the local special act or resolution, volume II, I think you’ll find, Mr. Mayor, you might want to look at that yourself to see [unintelligible] the board of Commissioners there is no tie to be broke in that respect. Mr. Cheek: Clarification on that, if I can go back? Mr. Mayor: Mr. Cheek? Mr. Cheek: A vote of the body is the same as a vote on any issue and therefore if it is legitimate for the Mayor to break a tie on any issue that we vote on, it is also legitimate for him to vote to break a tie in either direction in the case of the board, the voting body of the board, would be my understanding of the reading of the legislation. Mr. Mayor: Commissioners, please speak into your microphones if you have comments on that. Mr. Cheek: What I said, Mr. Mayor, was that my understanding of the legislation is that the Mayor’s Office is empowered to break the tie on votes taken by the ten members of this Commission in the event of a tie. Any legislation we take, whether it’s a water meter or fire hydrant or anything else is a voting measure taken by this board. To interpret it any differently than the Mayor has jurisdiction to break all ties seems to be inconsistent with the consolidation bill. Mr. Mayor: Mr. Shepard, any— Mr. Shepard: My ruling stands, Mr. Mayor, is that you have the right to vote in this issue. Mr. Mayor: Mr. Williams? Mr. Williams: Thank you, Mr. Mayor. If you pass this to the Clerk, I’d like for her to read that, Mr. Mayor, for we can get a understanding. I, I had nothing to do with 24 the structuring of the law and how that states. But it does state clearly, and whether the Mayor have the right to do anything. Mr. Mayor, and it may sound good to us and what sounds right and what’s law is two different things. A lot of things sound right but it’s not right. But it’s in the document. I didn’t put it there. But Ms. Bonner-- Mr. Mayor: Mr. Williams, you stated that we pay legal counsel to address these issues and I believe he’s—that is the only expert in the room that we have to rely on in these matters. Mr. Williams: Well, Mr. Shepard— Mr. Mayor: Mr. Shepard, please— Mr. Shepard: [unintelligible] but thank you. The Clerk: Is that the part that you want me to read? Mr. Williams: Yeah, the top section there says— The Clerk: That’s fine. That’s fine. Have you got your— Mr. Shepard: I’m getting my book [unintelligible]. Mr. Mayor: I apologize to everybody. I know a lot of you have issues here to address and I just appreciate your patience. I think we’ve reached consensus. Mr. Williams, you okay? Mr. Williams: Yes. I’m fine now, Mr. Mayor. Mr. Mayor: The items are tabled and we will now move on to agenda item C, the appointment of legal counsel for 2006. C. Appointment of Legal Counsel for 2006. Mr. Mayor: Mr. Grantham? Mr. Grantham: Thank you, Mr. Mayor. I’d like to nominate for the appointment of Steve Shepard and his law firm as our legal counsel for 2006. Mr. Smith: Second. Mr. Mayor: We have a nomination and second. Any further discussion? Mr. Hatney? Mr. Hatney: I have a question, please. In view of the fact that I’m—I don’t know about the rest of these folks but I’m very new at this, have not seen— 25 Mr. Mayor: Please speak into the microphone. Mr. Hatney: I’m very new at this and have not seen any of the bills from last year, what the cost has been. And when I looked at the charter I saw where it said this body shall have a legal department or law department and it’s been ten year. And that’s not exactly what I’m hearing here. So I’m a little bit confused how can we continue to do what we do when the document that we function by says differently. Mr. Mayor: Mr. Shepard? Mr. Shepard: Commissioner, Mr. Mayor, members of the Commission, the document that creates the charter—the charter document, the consolidation bill does provide for a law department. There is pre-existing local legislation which my office as county attorney is created under and we have ruled that the two co-exist, sir, under the local bill which empowers my office with its authority and the consolidation act which creates the law department. So the short answer is we have both. Mr. Hatney: How can we do that? How can we have both? What do you mean by that because if we have a law department, how do we have a law department and a law firm? Mr. Shepard: Because you have—if I could respond? Mr. Mayor: Go ahead. Mr. Shepard: Because you have two separate sources of authority. One, the consolidation bill for the law department, and two, the county attorney statute, which is a statute of local application. Mr. Hatney: Where is that? Mr. Shepard: It’s in the books. Mr. Hatney: In what books, sir? Mr. Shepard: It’s in the collection of local laws that has been passed over the years that affect Richmond County. And that has not been repealed by our charter. And it’s my authority and your authority to appoint exists under those sections. Mr. Hatney: Which charter you talking about, sir, because when the consolidation was done Augusta voted to do away with that charter so they didn’t have one. They came together as a new government so this is a brand new government. Help me out. I’m just asking the question. Mr. Mayor: Please address the Chair. 26 Mr. Shepard: Mr. Commissioner, the bill did not repeal the office creating the county attorney. And the two have coexisted during the time of this government, for ten years. Mr. Hatney: I hear you but if we get a new [unintelligible] they are not going to coexist with the one you got now. Mr. Shepard: Well, the county attorney statute has not been repealed. It is still of force. Mr. Hatney: Something wrong with that. Anyway. Mr. Mayor: Mr. Williams? Mr. Hatney: That needs to be looked into, please. Somebody. Mr. Williams: Mr. Mayor, if I can maybe enlighten Commissioner Hatney. We discussed it before and we supposed to had a situation to address those issues. Mr. Wall was here. We, Commissioner Cheek and myself took the time to go and look at the law department. We voted to go on a month-to-month until they could show us what was being done. There has been studies, there has been other entities that come to this government to talk about hybrid situation. We have two, or had two staff attorneys. I think we got one now. And the outside attorney situation is still in place. And I think you’re right. But we have always voted to continue the same process with a hybrid situation, supposed to be made up of out staff attorney, Ms. Flournoy, along with the But Mr. Mayor, if I could make a substitute motion that we, that outside attorney. we approve Mr. Shepard on a month to month, to give this Commissioner or any other Commissioner time to look at the process and the way it working and the way it should work or whatever, to get their minds clear. And that way we would still have legal counsel until it give them time to go back—Commissioner Cheek and myself questioned the same thing when we came on, Mr. Wall was present versus Mr. Shepard. Mr. Mayor: Okay. Mr. Williams: So if I could get a second to that motion then we could approve the attorney on month-to-month until we can give them time and an opportunity to go by and to look at what the charter says, what we have, what we don’t have, whether we in, or whether we out. Mr. Holland: I second that motion. Mr. Mayor: We have a motion and a second. Any more discussion? Mr. Shepard: Mr. Administrator has a question. 27 Mr. Mayor: Mr. Russell? Mr. Russell: I need to clarify from the maker of the motion if that’s to be at the same rate of pay for the month-to-month basis that we are continuing now. Mr. Williams: Yes. I wouldn’t think anything different. We wouldn’t change that. We just giving these new Commissioners that’s interested to find out what they need to know, bring them up to speed. So I wouldn’t. Mr. Russell: It would be appropriate if you made that as part of the motion. Mr. Williams: I make that as part of the motion, Mr. Russell, so it be clear. Won’t be any— Mr. Mayor: Gentlemen, please, through the Chair. Mr. Williams: Okay. Mr. Mayor, I make that part of the motion. Mr. Mayor: Thank you, Mr. Williams. Is there any more discussion on the substitute motion? Mr. Brigham: Can we restate it, please, sir? Mr. Mayor: What’s that? Mr. Brigham: Can you restate the substitute motion? Mr. Mayor: Would you, Ms. Bonner? The Clerk: The substitute motion was to appoint Mr. Shepard and his legal firm as attorney for month-to-month with the same rate of pay. Mr. Mayor: Any more discussion? Commissioners will now vote through the substitute sign. Mr. Bowles, Mr. Cheek and Mr. Grantham vote No. Motion carries 7-3. Mr. Cheek: Mr. Mayor? Mr. Mayor: Mr. Cheek? Mr. Cheek: Mr. Mayor, I just—I understand the review and the interest of this—I understand the interest for the review of the legislation and that arrangement that this city has in place. I caution the body that any transition will take months, not weeks, and therefore if there are changes that are recommended and are the will of the body that we establish a time table of several months to do any kind of transition from the existing 28 arrangement in order to carry forth legal representation for the city without any interruption. Mr. Mayor: Thank you, Mr. Cheek. We will now move on to the recognitions, five minute time limit, delegations. Please stick to the five minute time limit if you possibly can. DELEGATIONS D. Ms. Loretta Hairston. RE: Code Enforcement Ms. Hairston: To everybody, happy new year. Mr. Mayor: Thank you, ma’am. Ms. Hairston: [unintelligible] The Clerk: They can’t hear you. Ms. Hairston: Okay, I was here last year concerning code enforcement about the th property that I reside at, at 1232 12 Street, Apartment G at that time, which is owned by ANIC [unintelligible]. That’s the way it’s listed downtown at the first floor. And again, here are some pictures I’d like to show my Commissioners as I reside. Could you pass those? This incident happened with the prior tenants there. Based on the owners, before I moved down from Apartment G, and they quoted that to my family that code enforcement had passed the apartment and there would be no violations. Prior to that it was the same violations that you see there with the plumbing problems, which upstairs plumbing, when they flush it comes from the bottom of the bowl into my apartment, which is considered toxic gas. Anytime you’ve got human waste mixed together that is toxic gas. This has happened twice. The only response you get from Code, they’re cleaning up. But are we going to keep having that same [unintelligible]? My son has medical problems which is stated to the owners that he should not be exposed to this environment. And those violations are still there. Are we still going to have Mr. Sherman over Code Enforcement if we want to clean up Augusta? One department [unintelligible] so what we going to do about Mr. Sherman and the inspectors? There are violations stated from the Georgia state laws that they supposed to be going by, Richmond County as well. Starting with proper ventilation. It wasn’t there. [unintelligible] the whole entire electrical system was not installed properly at all. That was one violation. You can pass this around and read it as well. This come from the state office here. And right now Blanchard and Calhoun is over the rental property and right now have damaged property that we had to replace and it was stated to me they are not going to replace it. True enough, I have renters insurance there, but they do not pay for violations by the landlord. So are we going to clean up Augusta and keep letting Code Enforcement pass everything and have the tenants being violated against? If that’s what we going to have here in the city of Augusta with Mr. Sherman being in charge, as well as building inspectors and all, keep coming downtown in District 1 and say hey, it 29 looks good? But you understand you’ve got all these violations and when they come back and say we done cleaned it up and you still got roots coming up out of the lines, and toxic gas is coming into these apartments [unintelligible] other tenants also that live in District 1, can we make a vote to put that on the floor to make that—to approve— [unintelligible] Code Enforcement, starting with the person in charge, starting with Rob Sherman? He’s been there twenty something years. Look at the environment in District 1. Seems like [unintelligible] good job to me [unintelligible] not the garden city, we the dump city. Mr. Mayor: Commissioner Williams? Mr. Williams: Thank you, Mr. Mayor. I’d like to hear from the property manager. I think Ms. Hairston said the property manager was there. I’d like to hear from this. If this is about a violation then we need to stick to the violation and not the department head right now. If the city got a problem, I think that’s another issue, we need to look at. But let me hear from—Mr. Mayor, if I can, from— Ms. Hairston; [unintelligible] she don’t know about— Mr. Mayor: Well, she’s here and I’d just ask her to speak on their behalf as well. Ms. Parkman: Yes, I’m familiar with some of Ms. Hairston’s comments. Not all of them for sure. Most recently she had a toilet that backed up and I can’t remember—I thought she had said she wasn’t at home at that time. Ms. Hairston: No, ma’am [unintelligible] if we wasn’t there it would have been [unintelligible] in there. Ms. Parkman: And we had the plumbers come out and take care of the issue. Their comment was that roots had grown in the line that was outside of the building that caused it to not flush completely and properly. And of course, keeping in mind that the new toilets, the water-saving devices that we have today, sometimes limits—not sometimes—limits the amount of water that flows through, that you may have to flush a couple of times before it will clear the lines, and then if you put roots in with it you can have a problem where it backs up. However, we did have the plumbers go out. We had—they did [unintelligible] and clean up any moisture items and sanitized. I gave Mrs. Hairston the telephone number of the carpet people to come back and do it again. The reason I gave her their number was so at her convenience she could schedule the appointment. Normally we don’t give a tenant a contractor’s number but she had a lot of items that would need to be removed so at her convenience I allowed her to call this contractor. I have a letter from the plumber stating that they came back out when she called again and could find nothing wrong with it. I’ll be happy to supply you with that letter if you’re interested. Mr. Mayor: Okay. 30 Mr. Brigham: Mr. Mayor? Mr. Mayor: Mr. Brigham? Mr. Brigham: Can we get the lady’s name for our records? I didn’t catch it. Mr. Mayor: Yes, ma’am. Could you state your name? Ms. Parkman: My name is Edith Parkman. I’m property management for single- family homes with Blanchard and Calhoun Real Estate Company. Ms. Hairston: The owners, you doing the property, tell them. Mr. Mayor: Ma’am, please, address through the Chair. Ms. Hairston: Sorry. Mr. Mayor: That’s all right. The owners are? Ms. Parkman: The owners are the Augusta Neighborhood Improvement Corporation. I don’t know who the actual, actual owner is, but that’s who we represent, that’s who hired us to represent them. Mr. Mayor: Okay. Commissioner Williams? Mr. Williams: Mr. Mayor, I just need to know what is it we can do, where do the buck stop at? I mean I hear the complaint, I heard about he commode overran and wouldn’t flush normally. I heard some complaint about Code Enforcement. What is it, Ms. Hairston, that you want this body to do? Mr. Mayor, if I need to address you so you can— Mr. Mayor: I agree. What are you asking us to do? Ms. Hairston: Okay. As Commissioners you are in charge of Code Enforcement, like you were in charge of Engineering Department. So look around your city, District 1. I came in front of the committee last year with the same problem. Channel 26 did a beautiful job about running this [unintelligible] for one single week. The Spirit, they talked to some other tenants there. They [unintelligible] has not been resolved yet. They evicted one because they refused to pay. And as well, when they came to me, the only way they had to do Apartment G, I had to move. They paid for [unintelligible] move. No one—if we going to have Code keep passing it, they pass that [unintelligible] no ventilation and all of that, look around. I asked them to look at the property next door [unintelligible] they want to go on the side of the building in broad daylight with these vacant lots. So if you going to keep Mr. Sherman in charge? 31 Mr. Mayor: Okay. Your presentation has been five minutes and [unintelligible] to hear from Commissioner Smith. I don’t know that we can resolve letting go of Mr. Sherman in this meeting, if that’s what you’re— Ms. Hairston: [unintelligible] Engineering Department [unintelligible] like it is? [unintelligible] like a disaster and he’s [unintelligible] it. That department are passing it. And so you still letting all of these violations go by? You go by the State of Georgia laws, not Rob Sherman, he’s not doing a good job down there. Mr. Mayor: Ma’am, once again, that cannot be resolved in this meeting. I very much appreciate your— Ms. Hairston: It’s not going to be—so he going to still stay in charge of Code Enforcement at this time? You dismiss Ms. Smith. So he’s still— Mr. Mayor: Ma’am— Ms. Hairston: [unintelligible] ignore [unintelligible] Mayor. Mr. Mayor: Ma’am, this is two totally separate issues and once again— Ms. Hairston: That’s why I came down— Mr. Mayor: With regards to process there—if that’s your ultimate resolution we’re not going to be able to get that resolved for your today. Ms. Hairston: When can we do it? Mr. Mayor: Ma’am? Ms. Hairston: When can we put it on the floor and do it? Cause we [unintelligible] tenants down here. [unintelligible] Mr. Mayor: I can tell you we can look into this, we can receive this as information. I would say also speak with your Commissioner for District 1 and I’d be happy to come and check these out with you but we’re, we need to get to the business of the City and— Ms. Hairston: [unintelligible] second time. Mr. Mayor: It’s the first time with me here. Ms. Hairston: Right. But it’s still the second time with Code Enforcement. 32 Mr. Mayor: Here again, we cannot, and I can’t continue to go back and forth with this discussion because we’ve got other business to attend to but I very much appreciate you presenting this as information. Ms. Parkman: Mr. Mayor? Mr. Mayor: Yes? Ms. Hairston: [unintelligible] state of Georgia? Ms. Parkman: I would like to make one comment for Ms. Hairston, if I may, through you, is that when she has maintenance issues in her apartment, it’s not proper for her to call Code Enforcement. We have counseled with her to call our office for any repairs or maintenance issues or emergencies she may have and we will more than happily schedule it and respond. But she always wants to call for some reason Code Enforcement. Ms. Hairston: They [unintelligible] system up, that’s why I call Code. It’s in violation. Mr. Williams: Mr. Mayor, I’d like to make a motion to receive as information. Mr. Grantham: Second. Mr. Mayor: We have a motion and a second. Any further discussion? Commissioners will now vote through the usual sign. Mr. Cheek out. Motion carries 9-0. Ms. Hairston: [unintelligible] Mr. Mayor: Ma’am, I’m sorry but— Ms. Hairston: [unintelligible] Mr. Mayor: Ma’am— Ms. Hairston: Here it is right here. [unintelligible] District. Mr. Mayor: Yes, ma’am. Ms. Hairston: [unintelligible] 33 Mr. Mayor: We need to move on with the business of the city. I’d like to now recognize Mr. Ray Neal Walker. E. Mr. Ray Neal Walker. RE: Drag Strip in South Augusta Mr. Mayor: Once again, I would remind everybody let’s keep to the five minute time limit. Please state your name for the record. Mr. Walker: My name is Ray Walker. Currently reside at 948 Horseshoe Road in Augusta, Georgia. I will try very hard, Mr. Mayor, to be within the time limit. Mr. Mayor: Thank you. Mr. Walker: For the record I’d like to state I’m not against the sport of drag racing or the people who attend or participate in such events. However, I am opposed to the County’s support, involvement and [unintelligible] of the proposed drag strip in south Augusta. I oppose it on the grounds that the impact of the problems of excessive noise, increased traffic on undersized highways, and devaluation of adjacent property far exceed any estimated economic benefit to the community. How did I come up to this position? Are these my personal opinions or can I back them up with data? I feel I have done my homework on this issue. My wife and I took it upon ourselves to go to Commerce, Georgia, the location of the Atlanta Dragway. Why go to Commerce? We went there because it has been referenced locally as the type of strip planned for the site in South Augusta. We wanted to see for ourselves what impact, whether it be negative or positive, the track had on that community. We sat down with the chairman of the Chamber of Commerce there, store managers in outlets malls, residents living near the strip, and a spokesperson for the strip itself. We discovered that in 1975 what is now the Atlanta Dragway was originally laid out for an airport, but when that didn’t materialize the runway and control tower were modified to use as a drag strip. For eighteen years the strip went through a series of owners before being purchased by the National Hot Rod Association in 1993. [unintelligible] until the late 1980s the only businesses at the I-85 exit near the strip were a Howard Johnson’s and a McDonald’s. Currently, its long term future is in doubt, with the Chamber chairman anticipating the move by the NHRA of their events to the proposed new drag strip in Atlanta near the Atlanta Speedway. My visit to the Jackson County website does not even list the strip on its sponsored points of interest. You would think that such a facility advertised as being the source of so much revenue for a community would have a little bit more clout than that, but there is a reason why it does not. The reason for the growth of restaurants and hotels at exit 147 of I-85 is not because of the drag strip. Rather, it is the result of three outlet malls being located at that position. Was the decision to construction outlet malls at that location driven by the presence of the strip? No, the outlet malls are built there because of the heavy vehicle traffic on I-85 and dual proximity to Atlanta and Athens metropolitan areas. Unlike the area proposed here, there were not a large number of residents living within a mile of the track, but the ones that we were able to speak to had negative comments on either the noise from the track or from the fumes from the dragsters. These negative comments 34 were acknowledged by a track spokesperson as being consistent, common complaints. Well, how bad can the noise really get? The third outlet mall, the closest one to the track, is located approximately 7/10 of a mile from the launching pad area of the strip. My wife and I were surprised to learn that during events when the [unintelligible] dragsters were running, the outlet stores selling dishware in that mall had to remove their stock from shelves because the vibration from the dragsters knocked them onto the floor. Not surprisingly, that store is no longer located in Commerce. At the outlet mall located approximately a mile from the strip as a crow flies, shop workers—one of whom is a lifetime resident of the area who has attended events at the strip—described being able to hear and physically feel the vibrations from the vehicles during their runs down the track even at that store’s location. The store managers I spoke with in the mall stated that during the days for major events at the strip they almost wanted to close the doors since their business drop to near nothing. [unintelligible] shop manager’s comments, and I would think they would know something about their livelihood. Apparently strip attendees’ main focus is attending the event and don’t do a lot of shopping after hours, a fact echoed by the Chamber chairman when he commented that if Augusta wanted to build up its local economy outlet stores would be a preferred way to do it. Now, based upon the Commerce example, which I remind you is a facility built with private funding, not public, I’d like to make the case that it has questionable economic benefit. But what about our situation which for all practical purposes the City of Augusta running a drag strip? Before the City jumps into this, there are some important questions that need to be answered. First, where are the independent, economic benefit studies on a proposal? Second, will any other business consider locating in the remaining acreage of the Development Authority site if the strip is built? Third, where are the traffic studies by the State regarding impact on Highway 56? Fourth, why haven’t the drag strip proponent on the Commission explained to the public the financial liabilities the City would have in regards to the revenue bonds? Fifth, where is the detail information regarding plans of the facility’s design and its impact on the surrounding residential area? I am reminding you of these questions since they have only had lip service paid to them by those individuals, private and civil, pushing for this project. Commissioner Williams, there was a time, there was a few moment— Mr. Mayor: Go ahead. Are you wrapping it up? Mr. Walker: No, I have some more but— Mr. Mayor: I believe that was the five minute time limit. Mr. Walker: Can I use my last closing paragraph? Mr. Mayor: Yes. Mr. Walker: Commissioner Williams, you made a comment earlier in the meeting that sometimes things might be legal but they don’t quite seem right or there was some question about how they actually are. That’s kind of what I wanted to talk about here, because I really feel like in this instance that this might be legal and allowed for the 35 Commission to do, to take this action. I have no doubt about that. But I don’t think it’s necessarily the right thing for this community. And I would like to say unlike the private investor working for this proposal, this City, this County is and always has been my home. I love it, warts and all, problems and all. And I believe that Augusta is more than what some people are trying to paint it as [unintelligible] and in the end what’s right will be done. I know that the standing Commissioners pretty well have their minds made up on this issue. I know there are four new Commissioners on the council, Commission, that actually have to make a decision one way or the other. I ask them to think about this really, really deeply and realize this is in your hands. Mr. Mayor: I hate to cut you off but we’ve actually gone over the limit. So thank you for that information. Mr. Williams? Mr. Williams: Thank you, Mr. Mayor. I was enjoying him going over because that two minutes you try to hold the Commission to is not— Mr. Mayor: Which I’m going to continue to do. Mr. Williams: Well, I understand. And I think Mr. Walker needs to express himself. I just wanted to verify that he can’t come and deliberate and express yourself [unintelligible] he had eight, maybe ten, but— Mr. Mayor: Six-and-a-half. Mr. Williams: Long story short, I want Janie Peel, if she will, to come up to podium, Mr. Mayor. If you don’t mind getting Ms. Peel to come up. Who is one of our economic development person who been trying to do some things. Mr. Walker had several interesting points that he brought up that people are not aware of, they don’t understand. They thinking that the City is going to get into the drag racing business. We would own the property but we have been trying to put a collective effort together, diverse effort together, to try to get someone to lease this property, that wouldn’t be ran by the City, but we also ask them for $2 out of every ticket sold to come back into this government for arts, for non-profits. If 100,000 people we got $200,000 coming back because $2 out of every ticket, we asked for that. We wouldn’t be liable for anything that— Mr. Mayor: Mr. Williams--- Mr. Williams: Let me— Mr. Mayor: I was just going to say if Ms. Peel could verify those points— Mr. Williams: Let me finish so Ms. Peel can, now. Is she going to have to use some of my time? Is that what you’re saying? Her time is going to be totally different. So I just wanted to address Mr. Walker. He said earlier when he came in he wasn’t opposed, and I think people are afraid of what they don’t understand. And I have no 36 problem with them being concerned. Commissioner Cheek, Commissioner Bowles and myself, maybe along with a few others, went out there and did a sound test. Talk about the noise. There wouldn’t be any noise. There is, there is—well, I said there wouldn’t be any noise and I still stay that because we talking about 1700 acres of land. We talking about going three miles deep into the land to build a drag strip. We not talking about on the highway. Now, I didn’t go with the people who had the meters to check to see what the reading was. But what I want Ms. Peel to do is give you her perspective cause she went to Atlanta, as well, and said that the speaker system was probably louder than the cars was there. And those shops. If you put a outlet mall in Augusta, you going to put the regular mall out of business. We don’t have the magnitude of people. Mr. Mayor: Mr. Williams, can I ask—in terms of the two minute time limit— Mr. Williams: Yes, sir, yes, sir, but wait, wait, wait— Mr. Mayor: The vote will come up on this when the ordinance comes up. Mr. Williams: Okay, I’m going to [unintelligible]. Mr. Mayor: Thank you very much. Ms. Peel? Ms. Peel: When Mayor Pro Tem Williams first told me as the ombudsman about this drag strip we asked him to come to one of our workshops and explain a little bit about the study. And there is a process that the economic development organizations take any project through so that the project doesn’t become a pet project, it becomes a project for Augusta. Our goal is one voice, one vision, one Augusta. So he was kind enough, he shared the information, we have put this on a CD-ROM if anybody would like a copy of the study, we can email that to you. A couple of us went over to Commerce. My friends can’t believe I took a contract to go look at a drag strip instead of going shopping. But the thing that we did notice was that the noise of the announcer was much louder than the cars. That was something that really surprised me. And we did, we went certain distances and got as far as about a mile away and found that once you’re about a mile away that the noise was not as bad, of course, as right up on it. I do have an extensive email list and we have emailed several of the CDs out and asked for comments. It’s still very premature to have any kind of a recommendation from the organization and some of the things—the comments that did come back is that we would like to be sure with this industrial development of 1700 acres that it doesn’t take away from any other industrial development. We’ve got a great piece of property. And the financial analysis, the statistics need to be verified and we do want to see if we can have the time to make this project on to our priority, see if we want to make it a priority project and give us time to have it go through the system, go through the organizations and let us have the proper time to evaluate this so that it can be a project for Augusta. Mr. Mayor: Thank you, Ms. Peel. Mr. Smith? 37 Mr. Smith: Thank you, Mr. Mayor. I’d like to say I am not opposed to a drag strip. I am opposed to the location. There are several people, lots of people think it should be at the airport. There’s no residences out there and there is land. I spoke with a gentleman today that has business in Augusta who is interested in that. And I think this should go before [unintelligible] sit down at the table, talk about a public/private partnership or whatever. But there are other people interested in it. And Ms. Peel—is she still up there? You said the— Mr. Mayor: Through the Chair, Mr. Smith. Mr. Smith: Mr. Mayor, I just thought I heard you say that the loud speaker were more noise than the cars; is that right? Ms. Peel: It was very loud. He was very loud. Mr. Smith: Well, does that mean that it wouldn’t bother these people that live there? Ms. Peel: If they’re closer than a mile, yes, it would. Mr. Smith: I understand that the loud speaker is the worst part of it all, is what I understand. Ms. Peel: Yes, it was very loud. The loud speakers. Mr. Smith: Thank you, Mr. Mayor. . Mr. Mayor: Mr. Cheek? Mr. Cheek: Mr. Mayor, I think there were some very good points brought up today. The thing that we have to keep in mind is comparing studies of apples to apples and former airports typically don’t have greenspace buffers and trees. There’s ways to deal with reflecting and absorbing noise to reduce it. What we’ve found in our noise study was that this was indeed an audible sound that you could detect at the nearest house, which was ¾ of a mile away, but that the overflying twin, turbo prop airplane was actually [unintelligible] and the noise from the cars, be it different than birds chirping and other things, was not any louder than ambient noise. You couldn’t hear it at the church across the street and of course as has been noted these were altered which have high performance engines. They are not top fuel dragsters. But you can do an extrapolation of noise, say the cars that were there were reading 115 DB, the nearest house was reading 76 DB, which was when a dog barked it went up to 80 DB, just to give you an example, or the gentlemen that rode with me had to turn his new F-150 Ford truck off to actually hear the cars over the quiet-running truck. But the bottom line is this is something we don’t need to walk away from. But there are legitimate concerns from the neighbors in that So I’m going to make a motion, because there are several details that have not area. been worked out, that, one, we—I make a motion that we allow a sixty day period to 38 do three things: look at land available, other land sites available in the area that would be appropriate for this; and not to correct my colleague but there are houses closer to the airport than there are to this site by as a crow flies from where we would build it. But one, to develop any potential, other land sites and to discover the agreements for land swaps, purchases; two, to develop an economic impact study utilizing the CVB and other economic agencies within the city; and three, to develop a business plan and organizational structure for the partnership and any and all agreements necessary to make this happen. These are the details that need to be worked out prior to us embarking upon getting bonds or anything else. These things must be done. I, for one, have seen this site and I think that there could be lots of things done. Too many other sites across this country are successful. They do lie within the same distance from residential areas. Yes, it’s different noise but if you close the door in your car generally you wouldn’t hear it. If you got in your house you wouldn’t hear it. Mr. Mayor: Mr. Cheek, we’re sticking to the two minutes. Mr. Cheek:But I make that in the form of a motion. All right. Mr. Grantham: I’ll second the motion. Mr. Mayor: Mr. Williams? Mr. Williams: Thank you, Mr. Mayor. I just think Mr. Cheek made a good point. I just wanted to touch on one and that was whether or not any other economic development can come in with a drag strip. A [unintelligible] would be a piece of land just laying there. It’s not going to be a building, it not going to be producing anything other than the noise we think that’s going to scare us off. Those of us who have not visit, and I’m reminded of the transition center that we wanted and four different locations, at least three different locations in this city, until people went actually—like Mr. Walker did—to visit the site, to get a impact or know exactly what it was, they was afraid of it. But once they found out they welcomed with open arms. We hadn’t had one minute’s problem. We talking about an entity that’s going to bring over $50 million a year to the economics of this city. Over. Over. Believe it or not. $50 million economic impact. And here we are saying we don’t want our taxes to go up, we don’t want to be charged any more, we want to keep a low tax base, well, we going to have to get the money somewhere. So if we not doing those things, Mr. Mayor, to create some economic dollars to come into Augusta, then we can look for our tax to go up, we can look for things to happen. We are talking about doing a family orientated sport that’s the fastest growing sport in the world. I heard people want to clarify [unintelligible] Mr. Mayor, my last comment. Mr. Mayor: Thirty seconds. Mr. Williams: Thank you, sir. Mr. Mayor: All right. 39 Mr. Williams: My last comment is people want to know whether it’s going to be a Marion Williams race track. No, it’s not. I’m interested [unintelligible] that is my hobby and I enjoy that. But I have enough sense to know that everybody don’t like the same thing. And that’s going to bring some economic dollars in, along with the land value that going up cause people going to be trying to buy and invest in your area. But if you want to stay the same, then we do the same thing. [unintelligible] do not do this that means they want to keep doing the same thing they been doing. Mr. Mayor: Mr. Williams, still trying to keep within the two minute time limit. We have a motion and a second. Mr. Brigham? Mr. Brigham: Mr. Mayor, is this motion pertain to item 15 or is this something separate? Mr. Mayor: It would seem to me to pertain to item 15 but it’s separate [unintelligible]. Mr. Brigham: [unintelligible] that’s all I’m asking. Mr. Williams: [unintelligible] I need to address that but I don’t think [unintelligible] I think Mr. Cheek had a good motion and he got a second for it. There is people here now for item 15. If we voted now on this [unintelligible] waste their time to come out, there are several people that like to speak on this issue. So I got no problem with we combining but I think those people took their time to come down here to show support as well as those who disapprove, ought to have the same right and the same opportunity. Mr. Mayor: Mr. Cheek, was that your intention on that motion, to address item 15? Mr. Cheek: No, Mr. Mayor, it wasn’t. It was basically to establish a road map for serious review and planning on this project for feasibility and impact. Mr. Mayor: Okay. We have a motion and a second. Is there any more discussion? Commissioners will now vote by the usual sign. Mr. Williams: Mr. Mayor, before we vote, we still going to address item 15, cause I got people here that want to be heard. Mr. Mayor: We’ll still address item 15. Mr. Williams: Okay. I just wanted to make sure. Mr. Mayor: And extremely quickly, if we can get [unintelligible]. 40 Mr. Williams: I don’t know how you can do it quickly, Mr. Mayor. You got [unintelligible] Motion carries 10-0. Mr. Mayor: We will move on to F and then we will address item 15 following. I’d now like to recognize Rev. James Williams, Jr. Rev. Williams, I’m trying to get everybody on that time limit so I would remind you as well. Thank you, sir. Thank you for coming. F. Reverend James Williams, Jr., The Concerned Ministers of Augusta. RE: Actions taken by the Augusta Commission on December 19, 2005 Mr. Mayor: Sir, we’re trying to stick to— Mr. James Williams: I understand. Mr. Mayor: Yes, sir. Mr. James Williams: Mr. Mayor, Commissioners, thank you for allowing me to come before you. On December—can you hear me? Mr. Mayor: Yes, sir. Please state your name and address. Mr. James Williams: James Williams. On December 19, this Commission took some action [unintelligible] in reference to the—is this working? Mr. Mayor: Yes, it is. Mr. James Williams: That was not quite acceptable to the overall community in reference to the terminating of the Engineering Director. And also the hiring of the Fire Chief and the manner and spirit it was done. That the Fire Chief was hired—the policy, I believe, states that all jobs should be advertised. There was no advertisement of that job. The policy was changed to hire a person who had only a high school diploma or did not have a college degree. And that person was placed in that job, not giving anyone else the opportunity to be interviewed for that job. It may not have been in the best interest of this community to do it that way because it looked as it if was done along racial lines. Five white Commissioners voted, along with one black Commissioner, to hire that person, along to [unintelligible] that policy, to make it where that person could be hired, not giving anyone else the opportunity to be interviewed. [unintelligible] playing field was not made level. Also, the terminating of the Engineering Director may not have been racial, but it did not look good. In the spirit that it was done, you had five white Commissioners, along with one black Commissioner, terminating a black female who apparently was doing, according to the [unintelligible], a good job. But because of a special interest group [unintelligible] then it was decided the a change would be made. The change was to get [unintelligible] person. Mr. Mayor, [unintelligible]. You 41 indicated that you want to be fair. Well, you was not a part of that in terms of letting that happen because you could not do anything about it, but you did not let happen that it passed because you as the moderator, you sit as the moderator [unintelligible] it did happen. Mr. Mayor: Yes, sir, I would remind you that I don’t have a vote and so in those votes I had no option to— Mr. James Williams: But you are the moderator. But still, it happened. [unintelligible] community in terms of this community working together. That did not show that this community, especially this body, works together, when you take both actions—the spirit was not there. You may have been legal in the actions that you took but [unintelligible] it was not right. It was not right. We know that the law says that you can hire, fire anytime [unintelligible] get ready. You can [unintelligible] contract. But [unintelligible] if the person was doing an outstanding job, and because of a special interest group was not being satisfied according to what that person was doing and carrying out what the [unintelligible] said [unintelligible] but not allowing [unintelligible] putting in roads, sidewalks and those kinds of things [unintelligible] come back and redo sidewalks and roads because the [unintelligible] did not do right—that’s not right. That’s taxpayers’ money. So when a special interest group can dictate who can be hired or fired that’s not right. That’s not right. Mr. Mayor: Sir, I think you’re about up on your time limit, Reverend, but if you would like, I would be happy to sit down and talk with you about these things. I [unintelligible] this is only my third week on the job so, but I would be more than happy to sit down and talk with you. Mr. James Williams: I would like to call for the [unintelligible] department [unintelligible] next largest department, that it be looked at in terms of if [unintelligible] it’s being operated, and if there are improprieties found that [unintelligible] I would like for it to go on record that action will be taken to investigate that department for improprieties. Mr. Mayor: I will tell you once again, it’s similar to the circumstance earlier, that I don’t know that this is something with regards to what you’re asking that we can resolve today. Mr. James Williams: Well, maybe if you can’t answer it maybe one of your Commissioners would like to address it. Mr. Mayor: Commissioner Williams? Mr. Williams: Thank you, Mr. Mayor. I can’t address that but I can appreciate the comments and the structure which Rev. Williams has brought to this body. And I think there is an open record act in the state of Georgia, not just Augusta, Georgia, but the state, that you can find out any information on any employee that works for this 42 government. And if you have problem doing that, then you need to see the Mayor or you need to see the Commission to find out why you can’t get that information on whatever it is. Now, you may have to be charged for the amount of paper. There is a booklet, for instance, you may be charged ten cents a copy. I think they have to—they may be able to do that but you ought to be able to get any information you need on any employee or any elected official for this body. So Mr. Mayor, I make a motion we receive that as information and that we take Rev. Williams’ request and look into it and to find out. [unintelligible] charge anybody with anything. But I think he’s exactly right. Now if there are some improprieties I think Mr. Russell gave Ms. Smith outstanding evaluation but we still fired her. And I said we, cause I’m a part of this board. But if that’s the case and we’ve got folks, like he said, with a record—when we fire somebody without a record then we certainly ought to be within our rights. So I think that’s something we need to look at and be fair among the people oft his city. Mr. Mayor: We have a motion. Mr. Cheek: We have a motion to receive as information; I’ll second that. Mr. Mayor: Okay. Mr. Cheek? Mr. Cheek: Mr. Mayor, I’ve heard the discussions about unity and togetherness and that’s certainly the thing that this city needs. I’ve heard the discussions about unity and togetherness. I’m probably the last man standing that had consistently through the last five years worked across the aisle to try to do things with people that didn’t look like me. Because I had some different ideas and different opinions I’ve gone from the sixth man with a tan to the number two man in the Klan, depending on who you listen to. Until we get to a position where we who talk about unity, that want to be unified, and people are willing to step up and take the lumps of agreeing with people that don’t look like us and working and talking through the hard things, we’re not going to have unity. Unity is not I’ll be with you if you do my way. Unity is us coming to consensus on the things that are in the best interest of our city and our children. We’re not there yet. Today there have been several examples of why we need to change the way this government works. But we want to change some things and don’t want to change others. Time to get out of the comfort zone and take Augusta forward. We will not change this current and ongoing bickering and divisiveness, for lack of a better word, or division, until we chart a road map that’s going to take us together down the road. We are not there yet and if we don’t talk about it and work through it, we’ll never get there. And my fear is that we are going to continue this same pattern over and over again and our children will still be fighting this fight. It’s time for a change. It’s time for us to talk about the hard issues. And it can’t be my way or your way. It’s got to be the Augusta way. Mr. Mayor: Mr. Cheek, I hate to— 43 Mr. Cheek: Let me close by saying [unintelligible] Mr. Mayor, we’ve seen today and other occasions how things could be done better in the operation of this city government. The status quo must go. Mr. Mayor: Mr. Hatney, Rev. Hatney? Mr. Hatney: Speaking to the statement he made, I’m of the opinion that what this body [unintelligible] is a retreat, because we [unintelligible] talk. We will never I would work together until we start talking to one another. Won’t make any difference. like to move that we expeditiously have a retreat. Mr. Cheek: Second. Mr. Mayor: Okay, we have two separate motions on the floor. The first to, the first to receive as information. [unintelligible] motion on the floor. Is there any discussion? Commissioners now will vote by the usual sign. Motion carries 10-0. Mr. James Williams: [unintelligible] would happen because I believe [unintelligible] this body can work together. Mr. Mayor: Yes, sir. Mr. James Williams: If [unintelligible] if you are going to come to the table and sit down and dialogue [unintelligible] use it, if you have your own personal agenda it’s not going to work. And you—you said you were for change, you can be a part of that. Mr. Mayor: Positive change. Mr. James Williams: [unintelligible] work with you [unintelligible] hopefully we can work with you and you can work with us. Mr. Mayor: Well, honestly, give me a call and I’d love to sit down and talk to you, as well. Mr. James Williams: Thank you. Mr. Mayor: Thank you for your time. And we will now move on to agenda item 15. The Clerk: OTHER BUSINESS 44 15. Discuss the economic impact and approve the Noise Ordinance associated with the proposed Augusta Race Track. (Requested by Mayor Pro-Tem Marion Williams) Mr. Mayor: Commissioner Williams? Mr. Williams: Thank you, Mr. Mayor. I know we discussed some of this earlier but I’ve got some people here. Mr. [unintelligible] is here, along with some other people. And some supporters. As to what economic impact—I placed this on the agenda so we can either do one of two things. There is a process Mr. Cheek laid out earlier, that we need to have in order get further. But we need to vote this up or down. We need to either do it or not do it. If we going to grow, if we going to realize how much impact it can be, we need to be mindful of that. I’ve got a call this morning, Mr. Mayor, from someone from California who said they would love to have a radio station here to—cause they heard about the race track through some other source, about a radio station to keep up with the sports because there is lot of people interested and they would like to locate here because of that. They just one thing that I hear. But I want to hear from Mr. [unintelligible]. I see that he is here and some other people, professional people, Mr. and Mrs. [unintelligible] Turner, who has been in racing for some fifty years. He has. His wife a lot younger than that so she hasn’t been around that long. But I would love to hear from him as well, who been in magazines, who been traveling the circuit, who is a professional in the CSRA [unintelligible]. Mr. Mayor: Let’s go ahead and hear from a couple of these people. And then once again—we’ve discussed this pretty thoroughly, and I agree with you, we kind of need to move on. It’s my understanding that we are still simply in the planning stages of this issue. Yes, sir, please come forward and state your name and address. Mr. Sherett: My name is Leo Sherett. Mr. Mayor: Please keep it to five minutes. Mr. Sherett: It’s going to be thirty seconds, because it’s been a long day. The project is going to benefit the city of Augusta and a lot of revenues. I’ve got today with me a bunch of people that come in support of this track. And I would like to at least recognize these people, while they came, they’ve been here for a long time. They got here early today. And there’s a lot of people against this situation. But if we could at least recognize them, if we are going to move on. I would like to do that. I would like for Mr. Turner to at least come to the mic and he’s a businessman, been here for many years, like Mr. Williams was saying, and he’s a racer for many years. So let me let Mr. Turner speak and if we can get at least a recognition of the people that showed up in support of this drag strip. Mr. Mayor: Okay. Yes, sir, please come forward and state your name and your address for the record. 45 Mr. Williams: Mr. Mayor, before Mr. Turner comes can we get a head count of how many people are here in support, at least get that on record? Mr. Mayor: Please raise your hand if you’re here in support. Mr. Parliamentarian, are you taking a count of this? I don’t know that we can get everybody to come forward to state your addresses. Mr. Smith? Mr. Smith: I’d like for the people who live in the area—can we do [unintelligible]? [97 supporters of the racetrack are noted] Mr. Mayor: Commissioner Smith has requested a count of the number of people who live in the area who are here in support. Please, everybody settle down. If you live th within the 8 District— Mr. Williams: Mr. Mayor, if we can, can we get Mr. Turner to go ahead and speak? I mean this is a businessman who is taking his time. th Mr. Mayor: Mr. Williams, hang on. Anybody that lives in the 8 District that is here in support? District 8. District 8. Mr. Williams: Area of the track. Area of the track. Live in that area. Raise your hand. Mr. Mayor: Please, everybody please keep settling and [unintelligible]. Mr. Williams: Mr. Mayor, if we can [unintelligible] Mr. Turner speak because if we going to look at Districts, if we going to look at residents who going to support this thing, we never going to go anywhere. We talking about people in support that’s going to spend money going to the track. That’s what it’s all about [unintelligible]. Mr. Mayor: Mr. Williams— Mr. Williams: [unintelligible] Mr. Mayor, let me say something, if I had [unintelligible] District cause there’s nobody in my District can do anything. These people are coming to support an event for their families and their livelihood. Mr. Mayor: Mr. Williams— Mr. Williams: [unintelligible] Mr. Mayor: Let me remind you, too, that it’s several hundred people, but it’s going to take a lot more than that to support this track and so this is just a straw poll of [unintelligible] who is here. 46 Mr. Williams: But that gives me a good insight, Mr. Mayor. We got almost a hundred people, just local [unintelligible]. What do you think the national [unintelligible] be here? Mr. Mayor: Well— Mr. Williams: If we had that many people [unintelligible]. Mr. Mayor: Let’s hear from Mr. Turner. Go ahead, sir, and state your name and your address if you haven’t already. Mr. Turner: Dave Turner. Grovetown, Georgia. Mr. Mayor: Okay. Go ahead. Mr. Turner: [unintelligible] Mr. Williams: [unintelligible] Mr. Turner, pick it up in your hand cause it won’t pick up—that wire is bent or something. Mr. Turner: You know [unintelligible] Anyway, I’m not much of a speaker, but I’ve been racing for years and you go to national events, the crowd that’s there, it would bring a good thing to Augusta, no doubt. That’s about the way—thank you, sir. Mr. Mayor: All right. We’ve had representatives of both sides speak. Mr. Speaker: [unintelligible] Mr. Mayor: Sir, sir, please. Let me—I believe we’ve already had— Mr. Williams: Ain’t had no five minutes, Mr. Mayor [unintelligible] let them have give minutes but I don’t get but two. But if we got— Mr. Mayor: Gentlemen, one more on this side and then we’ll equal it out with [unintelligible] move ahead with the business. Sir, please come forward and state your name and your address for the record. Mr. Haddon: Douglas Haddon. I’ve been a drag racer for about [unintelligible]. Mr. Mayor: Yes, sir, you need to state your name and address. Mr. Haddon: Douglas Haddon. I’m from Augusta, Georgia [unintelligible] Road. I’ve been a drag racer for about thirty years. I just want to ask each one of you Commissioners one question. Would you [unintelligible] drag race at the drag strip or drag race on the street? 47 Mr. Mayor: Sir, please come forward and state your name and address. Mr. Rhodes: Mr. Mayor, I’m Harold Rhodes and I live inside the industrial corporate park. I’ve got 102 acres that I’ve spent almost $1 million making a private golf course. I went to this committee of the—to buy 50 acres to finish an 18-hole golf course. It was refused to be sold to me. If the track is put in, the end of it will be within a quarter of a mile of my back yard. I recognize that Augusta needs industry. I [unintelligible] taxes $18,000 this year. Property tax. So I realize that we need industry. But does the industry have to cripple one particular neighborhood while it—we’ll say rewards the other portions of the county? That’s my only opposition to it. Mr. Mayor: Thank you, sir. Is there anybody else in opposition? Yes, sir, please come forward and state your name and your address. Mr. O’Grady: My name is Thomas O’Grady. I live at 1048 Horseshoe Road. Where the entrance probably to this racetrack is going to be put, somewhere on Horseshoe Road. I’ve been out there about 35 years. We’re not opposed to the racetrack. I’ve been to Jackson a few times myself. But have y’all even looked at another place to put this track? I mean you’ve got 1700 acres of prime land back there. To me, that nothing has ever been built on, I think an industry would love to build back there. I just think y’all need to do a little bit more research and maybe look and see if there’s another place to put this trick. Mr. Mayor: Thank you. I believe we’ve heard amply from both sides. Once more speaker on this side and then I’m not recognizing anybody else. We need to move forward with the business. Mr. Speaker: As far as the location of the property, we have looked extensively all around Richmond County and there’s probably some people who own land around the airport. We looked around at the [unintelligible], around the lock and dam area. There’s properties that are available but to require a national event track you have to have a minimum of 250 acres and you have to have at least one mile straight. The people that has properties doesn’t have the footage to build the runway. There’s just really no place to put it in Richmond County. [unintelligible] Burke county, but that don’t help us. And we can put [unintelligible] I-20, that’s Columbia County. That won’t help us. So please keep it in mind that we have looked. George Patty, I think he’s in charge of Planning & Zoning in the area, we’ve looked at maps on top of maps and Mr. Russell’s office, and there’s just no property that is going to require what we need for the drag strip. And this 1700 acres is perfect. It’s not perfect because people live around there and I’m sorry, but this drag strip needs to go on that piece of property. The—it’s level, everything is set up. It’s not a whole lot of cost. The whole cost of the project is $5.5 million and it’s going to bring in, one [unintelligible] national event, $30 million in revenues. One week. Mr. Mayor: Please, everybody, settle down. 48 Mr. Speaker: $3500 feasibility study, right here in this book, that [unintelligible] came down and spent three days with the Chamber of Commerce and actually I think Mayor Young while he was here, and did the study. There’s $29.—some million for the week of the national event. Just like the Masters. The Masters brings in $36 million. You can go to the Chamber of Commerce and check that. Also, if we’re open one day a week, which I’m [unintelligible] 5:30 to 11:30 is what I’m wanting to run. Now, on the national event we’re going to have to be open like the Masters. Wednesday, Thursday, Friday, Saturday and Sunday. But we wouldn’t start until after church hours on Sunday. So we just clarify that right now today that the regular business, one day a week, or special events, whatever, it’s going to generate another $20 million in revenues, which is a total of $50 million. And I’ve got it in this book. Mr. Mayor: Okay. Mr. Speaker: The lady had got it in the book, that spoke earlier. Ms. Peel. And she said she put it on the website. You’re welcome to look at it. Mr. Mayor: Okay. We’ve heard amply from both sides. Commissioner Cheek? Mr. Cheek: Thank you. Thank you very much. Mr. Mayor: Let’s stick to the two minutes [unintelligible]. Mr. Cheek: Mr. Mayor, [unintelligible] motion, in the interest of bringing this forward and in the interest of maturing the noise ordinance, which I understand Option 4 of what we had before was the one [unintelligible] said was consistent with their needs, I’d like to bundle this with the same track as the sixty days for the study review and to come back with a full package for the program. This would allow us to take time to develop the noise ordinance and compare it with those in other cities to protect the track and the homeowners in that area. Just for the record, Mr. Mayor, the sound reading at Horseshoe and Highway 56 was between 76 and 86 DB. You could not hear the cars. There was a reporter from Channel 26 standing by me with his camera. You could hear the log trucks and everything else. So the noise impact and the buffers and the things that we can do right—if we build it on this site or find another site, can make it example of what can be done right in Augusta. And we don’t need to turn our back on it. We’ve got the Futurity, we’ve got the Masters, we’ve got the soccer shootout. We need to add more and more things to get the people to come to Augusta to spend money. Mr. Mayor: We have a motion from Commissioner Cheek. Mr. Williams: I second. Mr. Mayor: And a second. We have a motion and a second. Any more discussion? All Commissioners will now vote by the usual sign. Motion carries 10-0. 49 Mr. Mayor: Thanks, everybody, for coming for that issue. Commissioners, if you can please keep your seats. I’d like to call a five minute recess so that the Chambers can clear. [Recess] Mr. Mayor: Call the meeting back to order. And we will move on the request of several Commissioners to agenda item 14. The Clerk: ADMINISTRATOR 14. Approve severance package for Ms. Teresa Smith. (Deferred from the December 19, 2005 Commission Meeting) Mr. Mayor: Mr. Russell? Mr. Russell: Mr. Mayor, members of the Commission, at the last meeting you instructed me to come back with a recommendation for a severance package for Ms. Smith. After looking at our current procedure for that we obviously—we don’t have any, to be honest with you. What I did was look at other similar-size governments and similar-size agencies and based on my experience there what I deem to be appropriate and what I would like to recommend would be one month’s severance, not only for Ms. Smith, but for any other director that would be in this particular situation at this particular point in time. Would be one month’s severance pay, including benefits, for each year of service with the city of Augusta up to a maximum of six months. That’s fairly an industry standard at this particular level. I think it’s important that our directors know that they have something--that is something that’s awaiting them if they do leave our employment without their choice at this particular point in time. And I would recommend that the Commission consider that. Mr. Mayor: Commissioner Williams? Mr. Williams: Thank you, Mr. Mayor. I’m a little disturbed by that. First of all I heard through the news media that there was an offer being made and as a Commissioner I didn’t know anything about that, hadn’t heard that. The other thing is that Mr. Russell stated that he would like it to be uniform where other department heads in the same situation receive the same package, I think up to six months I think you said. Mr. Russell: Yes, sir. Mr. Williams: Well, I totally disagree with that because if we fire somebody why would we give them a severance package in the first place? Why would we pay any employee? Now, I know there are some contracts that people may end early, we may say your contract is not up, Mr. Russell, so since your contract not up we want to—you 50 know, we going to give you X amount of dollars to complete your contract. But why would we give anybody that we fire a package of any kind? That’s my first question, Mr. Mayor. Mr. Mayor: Mr. Russell? Mr. Russell: Mr. Mayor, I agree totally with Commissioner Williams. If the individual had been fired for specific cause or for something like that I would agree with that. But because the individual was terminated I believe that there is a difference and a parting of the ways would be different than a termination for a specific cause at this particular point in time. Part of the reason for that, in my mind, is a package that would allow us to go out and attract people that are very knowledgeable of the fact that they work for a group of people that six votes could basically put them out the door if they’ve done nothing wrong, done nothing right or whatever, and I think that’s very important. And if you start looking a professional level people, that they have some opportunity there and some reassurance that if they are no longer desired in that position that they have some kind of—I don’t want to use the word parachute, but that they have some opportunity to support themselves and I believe that’s more than appropriate in this particular situation. Mr. Williams: Mr. Mayor, Mr. Russell answered that question and answered another question I hadn’t even asked yet. But he said if you done something wrong or done something right, if we fired somebody for doing something wrong I don’t think we owed them anything there. If we fired somebody for doing something right, we might owe them. But I just can’t see how we can sit here and discuss a package for somebody that we terminated, and when you terminate a person now—when somebody leave, if somebody willingly leave, that’s not something that we terminate. I said fire. Some people don’t like that word. But when you lose a job, I don’t care what you call it, you still done lost a job. You know, you can call it a vacation but if they’re not hired any more, then they are fired. So I got a problem with that, giving anybody any amount of money that we, that we terminated—is that what we did, Mr. Russell? I want to make sure we use the right word. You say— Mr. Russell: I think the motion was to terminate. Mr. Williams: Okay, I’ve got a problem giving anybody any money that we terminated, cause if we terminated a person we ought to have probable cause for that. If we had a reason for doing that. So why we reward you and then we terminate you at the same time? That just don’t make good sense, Mr. Mayor. So I hadn’t—have you, Ms. Smith, been briefed and talked to about this? She accepted that, is that what you’re saying, Mr. Russell? Mr. Russell: No, sir. If I can, Mr. Mayor? Mr. Mayor: Mr. Russell? 51 Mr. Russell: No, sir. We tried to make contact last week. We called again today and she does not know anything [unintelligible] detail. We talked briefly before she left about my potential recommendation and she knew that I was recommending six months. As you do know, we will be required to pay her for her accumulated vacation leave and that’s a requirement that we would have at this particular point in time, in addition to what I recommend as a severance package. Mr. Williams: Mr. Mayor, if you can clarify something. Is Ms. Smith still on payroll now or are we still paying her? Is she still not showing up for the job or still receive a paycheck now? Mr. Mayor: Mr. Russell? Mr. Russell: Yes, sir, Mr. Mayor. I was directed to place her on administrative leave until this meeting, at which time we were going to get some direction on the severance package. She is still on administrative leave. It’s my understanding that at the conclusion of this meeting, if we do not come up with a severance package and let her have the opportunity to either sign that or not sign that, that she would be taken off the payroll. Mr. Williams: So she’s still getting paid and this, this severance package that people get when the plant is shutting down or when the Marshal’s Department is laying off and we letting folks go, we give a severance package. But we going to give a package to an employee that we was dissatisfied with and reward them and if anybody else hire [unintelligible] government don’t do a good job, they’ll know they got six years and going to get six months’ worth of severance package for not doing a good job. I just think that—Mr. Russell, me and you agree on a lot but I think we totally disagree on this. And we recognize that fact that we can do that. But Mr. Mayor, I’m going to make a motion that we deny any severance package to anybody that leaves the government for not doing or performing to the standard that we ask them to perform. Now, we [unintelligible] process. This should have been thought about but we jumped out the box and done [unintelligible] but I can’t support giving somebody monies, Mr. Mayor, after you terminate them for not doing their job. What signal that send to people who have been doing a good job? Mr. Mayor: Okay. Mr. Williams, we have a motion. Mr. Brigham: I will second. Mr. Mayor: We have a motion and second. Is there any further discussion? Mr. Colclough: Yes, sir. Mr. Mayor: Mr. Colclough? 52 Mr. Colclough: I was wondering why we were presented this and Ms. Smith has not been. Why were we presented it first rather than having her look at it? Whether she accept or deny. Why is it coming to this board? Mr. Mayor: Mr. Russell? Mr. Russell: The instructions I received were to bring it back to this board prior to—that’s what I’m doing, sir. Mr. Colclough: Okay. Mr. Mayor: Mr. Hatney? Rev. Hatney? Mr. Hatney: Excuse me. I’ve got two questions. Is this protocol, the way you all do things, just drop something on somebody desk and expect them to read it and take action on it in five minutes? Mr. Mayor: Commissioner Hatney, please address the Chair. Mr. Hatney: [unintelligible] Mr. Mayor: Mr. Russell? Mr. Russell: Commissioner Hatney, we were working on this this morning and this is the final product that we completed sometime around 12:00 o’clock. It’s not what we would normally want do to at all. Because of the nature of it we wanted to get it back to you today, sir. Mr. Mayor: Mr. Holland? Mr. Holland: Mr. Mayor, am I to understand that Ms. Smith has been put on administrative leave with pay and if this agreement is not agreed upon by the Commissioners, this means that this package does not go through, does this mean that she will continue to get her administrative pay? Because I believe that was stated by Mr. Russell previously when he made the motion for her to be placed on administrative leave. Mr. Mayor: Mr. Russell, could you clarify that? Mr. Russell: My understanding based on the instructions that I received on the th 19 was to bring back the severance package to you today so that you’d have an opportunity to look at that. It’s also my understanding that based on that you could either modify what I’ve suggested, as you always can, or you can accept it or deny it. It’s also my understanding that effective today that she will be taken off the payroll, given whatever decision this group made today. Mr. Mayor: Mr. Cheek? 53 Mr. Cheek: I’m going to make a motion to approve the package and at least give Ms. Smith the opportunity to make a settlement or not make a settlement. Mr. Mayor: Mr. Williams? Mr. Smith: Second. Mr. Mayor: Okay. Mr. Williams: I’d like for somebody to explain to me why would we do that? I mean I made a motion not to do it and Mr. Brigham seconded it. But why would we give a severance package or give a dollar amount to anybody that we felt was not a good employee, that wasn’t voluntarily leaving or it wasn’t severing a contract? I mean I need some understanding, Mr. Mayor, why are we doing this? Even though the motion was made, I understand Mr. Russell bringing it back, he ain’t got to say that. I know somebody made the motion [unintelligible] as to what we should do. But why would we do that? How can we justify doing that if we voted for—voted to give them, anybody, a package that we wasn’t severing a contract, we thought was not a good employee and we brought to this body and released them? I just need somebody to try to help me understand it, Mr. Mayor. Mr. Mayor: Mr. Cheek? Mr. Cheek: Mr. Mayor, it’s my understanding that in this case, it is does in industry and other institutions to where not necessarily a poor performance, but basically not meeting expectations, which I think are two different things. This vote that was taken a couple of weeks ago is not a reflection on the Engineering Director as an engineer, but the fact that the department had not in a number of years risen to the level of performance that we as a body had expected. And that is a difference that I think deserves basically an amicable parting of the ways if possible. Mr. Mayor: Mr. Shepard. Mr. Shepard was first, and then Commissioner Hatney, I’ll get to you. Mr. Shepard: I yield to the Commissioner. Mr. Hatney: My question is—and I’ve been around a pretty good while and I didn’t realize that this body actually had firing power unless that situation was recommended by the individual supervisor. In other words, you can just fire anybody you want. I didn’t know this body supervised employees. [unintelligible] administrator. If we going to supervisor everybody then we don’t need no administrator. We wasting money. Mr. Mayor: [unintelligible] 54 Mr. Hatney: I don’t see how we do this. I’m just asking questions. Mr. Mayor: Yes, sir. Mr. Hatney: Because if we acting as supervisors [unintelligible] he did not recommend her [unintelligible]. It came from one of the Commissioners and the Commission voted on it so how [unintelligible] you have the authority to fire folk at will without any recommendation from one supervisor? Then we are the supervisor. Fred, that’s not your job. No, it’s not. If you going to supervise employees, we don’t need no administrator. Mr. Mayor: Mr. Shepard? Mr. Shepard: Thank you, Mr. Mayor. The context of this is that all department heads are at-will employees. And the Commission, within your discretion, may remove any department director from their position. And that’s—she has no contract—and this would be true of any other director—no contract, no vested right to continue in her employment. There is case law to support a termination in this case, I believe, and it’s the Commission prerogative to do that irrespective of whether her reports to her supervisor had been good, bad or indifferent. It’s a decision of this body based on its decision. And it’s not a—you can do it even though the administrator did not put anything in her file that was negative. Mr. Mayor: Mr. Colclough? Mr. Hatney: I didn’t finish my questions. Mr. Mayor: Oh. Commissioner Hatney? Mr. Hatney: The Attorney mentioned that this body could just do this to Directors. Does that include the Attorney and the Administrator? Mr. Shepard: Yes, sir. Mr. Hatney: If we want to fire both of them today we can do it? Mr. Mayor: If you can get six votes. Mr. Hatney: Don’t have to have no—nothing? Mr. Mayor: If somebody made a motion and— Mr. Hatney: [unintelligible] Mr. Shepard: Fred has a contract. I do not. 55 Mr. Hatney: [unintelligible] Mr. Mayor: First, Mr. Colclough, and then Mr. Holland. Mr. Colclough: Mr. Shepard? Mr. Shepard: Yes, sir? Mr. Colclough: Could you explain to me what at-will employee means, in your terms? Mr. Shepard: Well, it’s a relationship by consent, and it’s one that does not run for a definite period. It’s one that runs for an indefinite period. Mr. Colclough: Okay. Mr. Shepard: And that can be public employment, it can be in private employment. Mr. Colclough: I don’t know about private but I’m talking about public. Mr. Shepard: Yes, sir. Mr. Colclough: Just stick with the public. I know about the public sector. Mr. Shepard: Yes, sir. There is no contractual length. There’s no term of this office. It’s a service that you come in to and you serve during the satisfaction of both parties. Because she could have come in here and terminated it and we can—the body, excuse me. The body can terminate it. Mr. Colclough: Is there any disciplinary action that goes along with that at-will type of employment stuff in the public sector? Mr. Shepard: Under the cases that I have seen, it is not necessary to go through the disciplinary process to reach the, to reach the position you’re at today. Mr. Colclough: Now, our position as Commissioners, are we supervisors or policy makers? Mr. Mayor: A hybrid. Mr. Colclough: [unintelligible] we talking about a government entity here. We’re not talking about private sector. We’re talking about a government entity. Are we as board members, are we policy makers or supervisors in your legal opinion? Mr. Shepard: I think you’re both. 56 Mr. Colclough: Let me stop you right there. So that means that I have, as chairman or Public Service I can go down in Recreation and I can pick out some people that I feel [unintelligible] and terminate [unintelligible]. Mr. Shepard: We’re confining ourselves to department directors. The department directors are the ones that— Mr. Colclough: If I’m both, if you’re saying I’m both a policy make and supervisor, that means I’m a supervisor of everybody. Mr. Shepard: Well, sir— Mr. Mayor: Mr. Colclough, please, through the Chair. Mr. Colclough: Excuse me. Mr. Mayor: Yes, sir. Mr. Colclough: But I mean I’m trying to understand what my role—I thought my role—I had a pretty good understanding that my role as a Commissioner was a policy maker. Now, I’m the Public Service Chairman, that means I chair that committee. That doesn’t mean I supervisor of anybody [unintelligible] committee. My role was—I was [unintelligible] Commissioner a policy. But now I understand I’m a supervisor. I can go down into any department— Mr. Mayor: Well— Mr. Colclough: Excuse me. Mr. Mayor: Yes, sir. Mr. Colclough: The people that I see who work for Richmond County who’s goofing, as a supervisor I can take action and say you’re terminated? Mr. Mayor: I would, just for a point of clarification would say that as a body we have a supervisory capacity. Steve? Mr. Shepard: Thank you. For the Commissioner, what you have is you have [unintelligible] trace back to the minutes. I don’t know what year it was. It was an appointment of this particular individual as a department director. And when you have appointed her to that capacity you retain the ability and within your discretion to discharge that individual. [unintelligible] not below that level. Mr. Mayor: Commissioner Smith? 57 Mr. Smith: Thank you, Mr. Mayor. I don’t know why this body continues to dance around this thing. Last year in February I was appointed subcommittee chairman and put together a program to check out— Mr. Williams: Can’t hear you, Mr. Smith. Can you talk a little louder, please? Mr. Smith: --that we were so far behind with our plans, our economic development. We had calls every day about developers, architects, contractors could not get their plans back. And on and on we went. And we got letters this thick and every Commissioner had a copy of it. Even the new ones. I sent them a copy this weekend. And they know some of the things. And I would also like to say that Mr. Russell, you say that he, he did not—that the information didn’t go through him. Well, it did. And so I don’t know why we are not we are not looking at this thing as it is and go ahead and do something about it. We replaced this lady with a black P.E. and he’s doing as good as we want. So I don’t understand why we continue to dance around this thing and find all kind of little excuses to keep bringing up. And not go ahead and finalize this thing. Mr. Mayor: Commissioner Holland? Mr. Holland: Yes, sir [unintelligible] I couldn’t care less if the person was turquoise if [unintelligible] them. But right is right and wrong is wrong. And so what has happened here, and I would like, Mr. Mayor, for Mr. Shepard to explain to me all of these policies that he was quoting a few minutes ago. What manual does these policies come out of and can you get us some documentation or some information in reference to this perhaps? This is something that comes up that I don’t know anything about, being a neophyte here, some information that perhaps I need to know. Because when you terminate a person, from my experience, there should be some kind of documentation in their folder to where you had an opportunity to work with these people all the way down the line to the point that you used the last alternative to terminate a person. And so you’ve been quoting the different policies here and I don’t see a manual. If we can get a copy of that, of everything that you’ve just finished discussing, perhaps it would give us a better outlook in reference to what you’re talking about. [unintelligible] what I see here in reference to Ms. Smith has been a complete travesty of injustice toward this lady. Mr. Mayor: Mr. Shepard? Mr. Shepard: I can furnish you, Commissioner, the policies and procedures from the employee personnel manual where it’s stated and we can [unintelligible]. I’ll be happy to make copies during the meeting. I think the case law on this point supports what you did as an action in reference to an at-will employee. I’ll be happy to photocopy any of that. I do not, I do not make my ruling based on personality. I bring you what I see are the rules during this meeting. Mr. Hatney: I’d be happy to read it. 58 Mr. Mayor: Commissioners, we have—I’m not calling for the question yet, but we have a substitute motion and a motion on the floor and so I would just like to remind everybody to keep it to two minutes and let’s at some point get to voting for those so that we can move on with the business. Mr. Hatney? Mr. Hatney: Mr. Mayor, my question is—I was listening to Mr. Smith when he said that [unintelligible] hired somebody and in two weeks they’ve done all they need to be doing. How in the world can you hire somebody and it two weeks they’re up to speed? We really in bad shape if we hire somebody and in two weeks they’re up to speed. I’m just concerned about that. That kind of stuff bothers me. Mr. Mayor: Commissioner Smith and then I would [unintelligible] and then [unintelligible]. Mr. Smith: Mr. Mayor, this man has been working under her for several years and we feel like he’s qualified to do that. Mr. Mayor: Mr. Cheek? Mr. Cheek: Mr. Mayor, I just could not resist the opportunity to I guess follow up on some of the points brought up by some of my colleagues. We are in fact policy makers and supervisors. [unintelligible] and lower level management personnel are protected by the policy and procedure manual. Department heads are not. Therefore, we’re in a position of overseeing who gets hired and fired in the department head level. Now, we’ve had a former HED director, we’ve had a former director of Finance who were terminated under similar situations. The bottom line on all of this is the—I think th there’s ample evidence today to support what was talked about on the 19 the fact that the operational structure, the consolidation bill which governs and gives us jurisdiction in this matter is flawed. We need to turn the day-to-day operations over to the Administrator and then hold him accountable for the operations of this government. Again , the case in point of not fixing isn’t improving the process. Now, in this situation, I hope that we will try to come to some type of amicable arrangement with the former department head and exit strategy. But yes, we do have a policy and procedure manual. It’s two years behind schedule to be delivered to this Commission for approval and that’s the kind of thing for everybody that’s new around here what we’ve been dealing with. Policies, procedures, and follow through, annual assessments. We need to improve on those. They are not done like we’re used to in our private sector jobs, our public sector jobs. I mean we’ve got a lot of room for improvement. But Fred is the man ultimately responsible but we wont give him the authority to manage. Won’t give him the jurisdiction to hire and fire and have performance assessments because Lord knows if he got on somebody that was politically protected then he would be hanging out. And that’s exactly where we are. Mr. Mayor: Commissioner Williams and then hopefully you guys are ready to go. 59 Mr. Williams: Thank you, Mr. Mayor. I’m going to pass then to you and you can pass this to my attorney. This is a [unintelligible] here for our attorney, needs to have, was served to all of us I believe [unintelligible] Mr. Mayor, whether your name on it or now. That just prove that everybody get their day in court. We talking about HED and we fired somebody in HED but had a history, had a record. We had, we had information that was in their file, everything else, but we gave them every possible chance to improve. They was written up, they was reprimanded, they was talked to, they was brought in. We visited that department, we did all that stuff. Finance, we had the same problem. We had a man leave here with the key to the city. He could have stole this city blind but he didn’t do it. but he could have cause he had everything under his fingertips. When we asked the director about the keys [unintelligible] it wasn’t a key, but something to get into the computer, he didn’t have it because the man who we fired had it. We interviewed some of the people that worked in the Finance Department and they said this man is an honest man cause he could have stole us blind and we wouldn’t have been able to do nothing about it. But when it come to the Engineering Department, Mr. Mayor, I don’t see no documentation nowhere. Now, I heard, Mr. Smith, about the letters he’s got. And I can tell you exactly where those letters came from. They came from one specific group. They didn’t come from the Engineering Department. They didn’t come from [unintelligible] altogether. It was one individual set of business people who felt like they wasn’t getting what they needed to get. They wanted to get ahead of the line, so to speak. And if she was not doing her job, then we need to start firing ourselves first of all because we didn’t do what we said we was supposed to do. Now, had we been that supervisor, that I been accused of micromanaging, Mr. Mayor, when I came on they said I was telling employees what to do and what not to do. Mr. [unintelligible] had that right. I didn’t do it. But I was accused of micromanaging, along with my twin, Mr. Cheek, been accused as well. But now we want to say—and if a person is wrong, they just wrong. But we going to fire at will. We don’t have to have no reason to fire you. Mr. Russell, what kind of message would that send to any employee that want to come to Augusta? We going to give you six months’ severance pay but if we feel like we don’t want you here we can just [unintelligible] you up and get rid of you. We ain’t got to have no documentation, nothing going to be in your file, no reprimand, no letters, no nothing. Mr. Mayor: Okay. Mr. Williams: And then—wait, Mr. Mayor, hold it now. Mr. Mayor: Mr. Williams— Mr. Williams: This is city business, Mr. Mayor. If you going to have city business this is elected position. I take point with you that— Mr. Mayor: We do have policies and procedures that are for this body. Mr. Williams: This is part of the policy. As elected official I speak for many people. 60 Mr. Mayor: Yes, sir [unintelligible] two minutes. It’s in the policies and procedures manual. Mr. Williams: [unintelligible] we put it in there. Mr. Mayor: We didn’t put it in there to violated. Mr. Williams: I’m saying to you, Mr. Mayor, I’m not just holding the floor. I’m trying to explain something to you that maybe you don’t want to hear. And as a good leader you ought to want to dialogue and find out this kind of information. But we have not done the things that we supposed to do for a lot of department heads. Mr. Russell did not recommend for her to be fired. He has the authority to supervise. He gave her an extremely good evaluation. That ought to [unintelligible] or even my motion that failed to fire both of them should have been voted on and not just her. So if we doing our job, Mr. Mayor, we need to do the job. Mr. Mayor: Okay. Mr. Williams: We don’t need to sit here and pretend and act like we don’t know what’s going on. [unintelligible] any money, I can’t vote on any severance package for somebody that we fire because this body said or six votes said that they wasn’t doing their job. Now, if they wasn’t doing their job they are not to be rewarded. Mr. Mayor: Mr. Williams, I understand your point and I think it’s been belabored in the past [unintelligible] days and believe me I have listened. But we have a substitute motion and a motion on the floor. Mr. Brigham? Mr. Brigham: Mr. Mayor, I’m ready to vote. I call the question. Mr. Mayor: We’ll first vote on the substitute motion. Mr. Williams: Mr. Mayor, can I have the motion read back? Mr. Mayor: Yes, sir. The Clerk: The substitute motion was to approve the severance package presented by the Administrator. The original motion was to deny the severance package presented by the Administrator. Mr. Mayor: All Commissioners will now vote on the substitute motion by the substitute sign. Ms. Beard, Mr. Brigham, Dr. Hatney, Mr. Colclough, Mr. Williams and Mr. Holland vote No. Motion fails 4-6. 61 Mr. Mayor: All Commissioners will now vote on the original motion by the usual sign. Ms. Bonner, could you please for Commissioner Hatney read that? The Clerk: Was to deny the severance package as presented by the Administrator. Mr. Smith, Mr. Bowles, Mr. Grantham and Mr. Holland vote No. Dr. Hatney abstains. Motion fails 5-4-1. Mr. Cheek: So Mr. Mayor, for clarity’s sake, at this point— Mr. Mayor: Mr. Cheek? Mr. Cheek: --we offer no severance package and then the former director is now taken off the payroll and left to hang out? Mr. Mayor: Mr. Russell, could you clarify that? It sounds like it’s left in limbo to me. Mr. Williams: Exactly right, Mr. Mayor. Mr. Russell: My understanding, the direction I got, to bring back a severance package to this particular meeting. If the package is not accepted or modified, it was my understanding that we would take her off the payroll, which involve paying her annual leave and that’s it. I need some direction but that was the understanding I had. If I misinterpreted that I need to know that so I know what to do. Mr. Cheek: Motion to reconsider the severance package. Mr. Grantham: Second. Mr. Mayor: We have a motion and a second. Is there any more discussion? Mr. Cheek: Mr. Mayor, if I may, just briefly. Mr. Mayor: Mr. Cheek? Mr. Cheek: If we don’t offer something then the direction this Commission and the Administrator understands is that the employee walks away with no severance package, or no offer at least. And to me that’s, just based on the whole story, situation and everything else, I do think that an amicable parting of the ways is in the best interest of the city and in the best interest of this employee. Mr. Mayor: Mr. Williams? 62 Mr. Williams: Mr. Mayor, am I hearing that the department head was in agreement of parting ways and they wanted a happy ending and you go down your road and I go down mine? Is that what I’m hearing? Because what it sound like is that we want to give the department head something but if the department head was fired for not doing the right job—terminated, Mr. Russell—terminated for not doing the right job then why would we give them anything? That don’t make good sense to me because now if we was just decided that we can’t stay married no longer, I’m going on my way, you take the house and the kids and I take the car or I take the bicycle. But I don’t understand that, Mr. Mayor. Mr. Mayor: Okay. Mr. Russell? Mr. Russell: Mr. Williams, I think that’s a good analogy [unintelligible] point in time. And as I said before, Ms. Smith had not been approached with this offer. I was directed to bring that back here. We have talked about this but she has not approved it, she had not been approached with it officially and my directive was to bring it back here. Without your blessing to approach her with it, I had no authority to act other than to give her an idea of what I was thinking about, and she has no official notification or no official action at this point based on my conversations with her. Mr. Mayor: Commissioner Hatney? Mr. Hatney: Could I ask a question, Mr. Mayor? What would be wrong with him being given permission to present this to her before anything is done anyway? Because it doesn’t make sense what we’re doing now. Because I heard him say, Mr. Mayor, that his understanding was that if the package was not accepted she was going [unintelligible]. That was not stated. That was not stated. My understanding is if the package is not accepted she’s still on the payroll until something is worked out. Mr. Mayor: Mr. Russell? Mr. Russell: If that’s the will of the body I have no problem with that at all. Mr. Hatney: [unintelligible] Mr. Russell: Once again, if that’s the will of the body that’s fine and I have no problem with that whatsoever. I am just telling you what I believe my directions were at that particular point in time. Mr. Mayor: Mr. Brigham? Mr. Brigham: Mr. Mayor, now, let’s take personalities out of this. If we’re either voting to do a severance package for all employees or not, that is the way I see it. I am in agreement with Mr. Williams. Why fire somebody—and it’s very seldom we ever agree on anything. 63 Mr. Williams: Write that down. Mr. Brigham: Might want to write it down. But he’s right. When we fire somebody we don’t give them a severance package. Now, this is a policy decision, gentlemen, this is not an individual case decision. And Mr. Williams happens to be right on this one. Mr. Williams: Right that down on the wall back there. Mr. Brigham: Might want to get out some chisels and carve it into it. But I don’t care about that. He’s right. And that’s why I’m voting the way I’m voting. I am voting on a policy decision. I am not voting on Teresa Smith, John Doe, Jane Doe, or Charles whoever. That is not a case that we’re voting on. We’re voting on a policy decision and the policy is wrong to give an employee that you fire a severance package. Mr. Mayor: We have a motion on the floor and it’s seconded. Is there any more discussion? Commissioners will now vote by the usual sign. The Clerk: To reconsider the severance package for Ms. Teresa Smith. Mr. Cheek: Point of parliamentary procedure, we have to approve—the vote to reconsider has to be positive and then we address the measure? Mr. Shepard: Yes, sir. Mr. Mayor: All Commissioners will now vote by the usual sign. Ms. Beard, Mr. Brigham, Dr. Hatney, Mr. Bowles, Mr. Colclough and Mr. Williams vote No. Motion fails 4-6. Mr. Mayor: Mr. Cheek? Mr. Cheek: Mr. Mayor, for clarification we have sent, effectively sent mixed signals to our Administrator as far as the will of this body. I would hope that we would come to some type of definitive direction where he’s not hanging out, hoping he does the right thing, that we actually take a vote on something to give him some direction and basically take it upon ourselves to actually be leaders for a change. Mr. Mayor: Mr. Williams? Mr. Williams: I agree with Commissioner Cheek but I think that the directive have already been given. Mr. Russell, the verbatim minutes doesn’t state where she’ll be [unintelligible] she ought to remain until something is done. Now, I’m just hearing. Dr. Hatney brought it to the attention, the minutes ought to speak for them self. So if— 64 Mr. Shepard: Would you like for me to read what the minutes were from the action of the last Commission meeting? The motion to approve the termination of Ms. Teresa Smith as director of Engineering Department, place on administrative leave with pay, and direct the Administrator to develop a severance package to be approved at the next Commission meeting. That is it. Mr. Mayor: To approve or disapprove. Mr. Shepard: So the only action today remaining was for him [unintelligible] settlement [unintelligible]. Mr. Williams: That’s what I just said. Mr. Mayor: Mr. Russell? Mr. Russell: And my interpretation of that was that she was terminated on the th 19. And therefore I was supposed to take her off the payroll today. If I’m wrong, please—I need some direction. I mean I can’t guess. Mr. Mayor: Mr. Cheek? Mr. Cheek: Mr. Mayor, this is exactly my point. The intent—and we often do this when we pass things, is not give clear and concise guidance as to what we mean when we have a motion go out on the floor and we’re hanging out—unfairly—hanging out Administrator out on this issue. Half of us believe one way, half of us believe another way. Some of us don’t want to do anything and just leave it as is I think that we owe it to our staff and to our former department director to come to resolution on this one way or the other. Doing nothing, it’s my understanding it’s consistent with what the Administrator has said and therefore I feel he should go one way and some feel he should go another way. It needs to come to [unintelligible] and get solved one way or the other. Mr. Mayor: Commissioner Bowles? Mr. Bowles: Mr. Mayor, just a point of information, just to clarify that this severance package would only pertain to key employees, i.e., department heads? Mr. Mayor: Mr. Russell? Mr. Russell: Yes, sir, Mr. Mayor. The only at-will employees that you have would be the Clerk, the Attorney, myself and the department heads and the director of— the DBE director who works directly for the Commission. It’s my suggestion that this policy apply strictly to those positions since they are at-will employees. And just for a point of clarification, in my letter of agreement I do have a six month severance issue there. I just wanted to put that up front so everybody is aware of that. If today you decide for me to leave, that’s what I get. 65 Mr. Mayor: Point of clarification. You also negotiated that in your contract? Mr. Russell: Yes, sir, that was approved when y’all hired me. Mr. Mayor: Okay. Mr. Williams: Not a contract. Mr. Russell: I do work at your pleasure. Mr. Mayor: Okay. Any more discussion? Can we now move on? Mr. Cheek: Mr. Mayor, we haven’t solved the direction that we want the Administrator to go in clearly. He’s going to hanging out with half of us mad at him, the other half not mad. It’s not fair to the man. Mr. Mayor: I would love for a Commissioner to formulate a motion that would give the Administrator some sort of direction to go on from this point forward. Mr. Hatney: Could I ask a question? Mr. Mayor: Commissioner Hatney? Mr. Hatney: Is it a fact that—and I hear you all and I understand what you’re saying and I’m not trying to be difficult, I promise you. But I just don’t appreciate the process. That’s my whole hang-up. I just don’t appreciate the process. And I would think it would be a wisdom to at least let her come before the personnel committee just to state her case and then come back [unintelligible] one way or the other. But [unintelligible] now, I just personally don’t agree with the process. Mr. Cheek: Point of clarification, Mr. Mayor. The department heads have the right to appeal it directly to the full body of the Commission, based on the legislation before us. Mr. Hatney: Say again. Mr. Cheek: It says here in the policy and procedure manual, department directors are at-will employees. Following an appointment by the Augusta Richmond County Commission [unintelligible] may remove department directors from their positions. The Administrator shall transmit any dismissal recommendations to the Mayor and the Commission. A department director has the right to appeal any disciplinary action taken against him or her by the Administrator to the Mayor and Commission. And I would infer by that that they also, if we take an action, have a right to come back and appeal before us, too. [unintelligible] level of the personnel board. I would put—that would subordinate us to the personnel board in their decision. 66 Mr. Hatney: I just asked the question because I didn’t know. Mr. Mayor: Mr. Shepard? Mr. Shepard: This is—the way this is drawn it does not have to come from the Administration that there be a recommendation that she be—that anything be done. It’s a position within the discretion of the body. It’s a decision to hire her and now vote has been taken to approve her termination. The motion last time said to approve the termination of Ms. Teresa Smith as Director of the Engineering Department, place on administrative leave with pay and then direct the Administrator to develop a severance package to be approved at the next Commission meeting. Mr. Mayor: Mr. Russell, from a procedural standpoint I know that you’re somewhat at a loss because you were given a directive in last month’s meeting and we’ve come to this month’s meeting and not exactly given you a clear cut rule to go by now. Is there a procedural standpoint that you would like to see this body recommend that you go down? I’m asking for motions up here but I— Mr. Brigham: Mr. Mayor? Can I ask Mr. Shepard a question? Mr. Mayor: Yes. Mr. Brigham: Mr. Shepard, under administrative law I believe a person can only be put on administrative leave for ten days by state law? Mr. Shepard: Mr. Brigham, I would have to, I’d have to concur with you. Mr. Brigham: If that’s the case, then this is settled, this administrative period should be over Mr. Mayor: Mr. Williams? Mr. Williams: I’d like to have an answer to that because I thought you can be put on administrative leave indefinitely if you on administrative leave. But if there is a state law I’d like to have an answer from our Attorney or from one of the attorneys [unintelligible]. Mr. Mayor: Mr. Russell? Mr. Speaker: Recess, Mr. Mayor. Mr. Mayor: Mr. Russell, and then we’ll take a little recess. Mr. Russell, go ahead. Mr. Russell: Mr. Mayor, that has not been our practice. I’m not aware of that law. 67 Mr. Mayor: Okay. I will call for a five minute recess, and let’s stick to the five minutes. [RECESS] The Clerk: The consent agenda consists of items 1, 2, 3. Items 1, 2 and 3. Mr. Williams: So move, Mr. Mayor. Ms. Beard: Second. Mr. Mayor: We have a motion and a second. Mr. Colclough? Mr. Colclough: Is all the applicants here for this alcohol license? All the applicants present? Mr. Mayor: Any more discussion? CONSENT AGENDA PLANNING 1. ZA-R-173 - A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition to consider an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County to modify the General and Specific Land Use Requirements regarding Off-street Parking and Loading (Section 4). PETITIONS AND COMMUNICATIONS 2. Motion to approve the minutes of the regular meeting of the Commission held December 19, 2005. ATTORNEY 3. An Ordinance to amend section 2-3-5 of the Augusta-Richmond County Code regarding the date for submittal of budget to Commission; to delete section 2- 3-5(b) in its entirety; to provide an effective date; to repeal conflicting Ordinances; and for other purposes. (Approved by the Commission December 5, 2005-second reading) Mr. Mayor: We have a motion and a second. The Commission will now vote by the usual sign. Mr. Speaker: [unintelligible] Mr. Mayor: Excuse me. Mr. Speaker: Are we doing alcohol? 68 Mr. Mayor: Not yet. No. Mr. Speaker: Okay. I apologize. Mr. Williams: We got a motion and second, Mr. Mayor? Mr. Mayor: Yes. The Commission will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Now moving to the regular agenda, move on to item number under Public Service. Mr. Sherman: PUBLIC SERVICES 4. New Ownership Application: A. N. 06 - 03: A request by Ranjeet Singh for an on premise consumption Beer & Wine license to be used in connection with Taj of India located at 1702 Jenkins St. District 1. Super District 9. Mr. Williams: So move. Mr. Cheek: Second. Mr. Mayor: We have a motion and second. Any further discussion? Mr. Russell? Mr. Russell: Could we get your name for the record? Mr. Mayor: Yes, could we get your name? Mr. Singh: Ranjeet Singh, 1702 Jenkins Street. Mr. Mayor: The Commission will—thank you. The Commission will now vote by the usual sign. Dr. Hatney abstains. Motion carries 9-1. Mr. Mayor: Moving on to agenda item 5 under Public Services. 5. New Ownership Application: A. N. 06 - 04: A request by Kanwaljit Longani for a retail package Beer & Wine license to be used in connection with Pleasant Development LLC DBA Sunoco Food Mart located at 3403 Mike Padgett Hwy. District 6. Super District 10. 69 Mr. Sherman: Agenda item 5, Mr. Longani was called out of the country after he applied. We told him he needed to be at this meeting. He was called out of the country on an emergency, we were told. We’re asking if we could forward this to the next committee meeting. Mr. Cheek: So move. Ms. Beard: Second. Mr. Mayor: Any discussion? Mr. Williams? Mr. Williams: Can we forward to next Commission meeting, Rob? Why is it going back to committee meeting? We can’t approve in committee. If he meet all the guidelines why not bring it back to the Commission rather than going through committee [unintelligible]? But I can’t see going— Mr. Sherman: It hasn’t been to committee. None of these have been to the committee. Mr. Williams: Okay. Okay. I thought— Mr. Mayor: Okay, we have a motion and a second. Is there any more discussion? Mr. Colclough: To send to committee? Mr. Mayor: Yes. The Commission will now vote by the usual sign. Motion carries 10-0. Mr. Sherman: 6. New Ownership Application: A. N. 06 - 01: A request by Sonal R. Patel for a retail package Beer & Wine license to be used in connection with Shree Ganesh Food Mart, Inc. located at 3105 Deans Bridge Rd. District 5. Super District 9. Ms. Patel: My name is Sonal Patel. And my address is 1032 [unintelligible], #102, Augusta, Georgia. Mr. Colclough: So move. Mr. Williams: Second. Mr. Mayor: any more discussion? Commissioners will now vote by the usual sign. 70 Dr. Hatney abstains. Motion carries 9-1. Mr. Mayor: Agenda item number 7. Mr. Sherman: 7. New Ownership Application: A. N. 06 - 02: A request by Sun Ye White for a retail package Beer & Wine license to be used in connection with Lee's Supermarket located at 839 East Boundary. District 1. Super District 9 Ms. White: My name is Sun White. My address is 839 East Boundary. I live Augusta, Georgia 30909. Mr. Williams: So move. Mr. Cheek: Second. Mr. Mayor: Any discussion? Commissioners will now vote by the usual sign. Dr. Hatney abstains. Motion carries 9-1. Mr. Mayor: Agenda item number 8. Mr. Sherman: 8. Request the execution of the attached 'Release and Assignment' form pertaining to the forfeiture of the Surety Bond for Trimble Construction, claim # 00182248. Mr. Sherman: Mrs. Candace [unintelligible], who lives at 4027 Harper Franklin Avenue, employed Mr. Trimble to do a job for her, a construction job. There were code violations. He failed to correct the code violations. She appealed to the construction advisory board, who in turn approved her claim against the bond. The bond has been filed with the bond company. They have sent a check to the city in the amount of $6,590. That will cover the cost of correcting the code violations. The city in turn will write a check to the [unintelligible] for this amount. Ms. Beard: Move to approval. Mr. Cheek: Second. Mr. Mayor: We have a motion and a second. Any more discussion? Commissioners will now vote by the usual sign. 71 Motion carries 10-0. The Clerk: ADMINISTRATIVE SERVICES 9. Approve amendment of LWDCs 2002 and 2003 CHDO Agreements. Mr. Cheek: Move to approve. Ms. Beard: Second. Mr. Mayor: Any more discussion? Commissioners will now vote—Mr. Williams? Mr. Williams: I got no problem. We amending something and [unintelligible] I need a little bit more information on what we doing, Paul. Mr. Speaker: Basically what we’re doing is adding another, a second, smaller target area that the development corporation would like to work in, bounded roughly by Martin Luther King—it’s a triangular area bounded by Martin Luther King, Jr. Boulevard on one side, Old Savannah Road on the other, down to Camille Street, connecting back. So it’s essentially an amendment that adds that area. The development corporation is starting to contact property owners in that target area that I just mentioned with the intent of doing some acquisition, demolition and new construction in that area. Mr. Williams: I’m going to support it. That sounds good but when you do that, that’s another attachment to go along with it, some more money got to come from somewhere else, Paul. Maybe y’all got [unintelligible]. But I mean—I’m in support but I don’t know the whole scheme of things that’s [unintelligible] and what that’s going to affect. I’m going to support this because I think as a department head y’all ought to know better than we know what’s going on but I do know when we do an amendment and we going across the road, across the street and we got to get to the other side some kind of way. I would just like to be abreast of what’s, what other changes, what other funds, [unintelligible]. Mr. Speaker: We’re not changing the monetary amounts in either one of these contracts. Mr. Williams: Okay. Mr. Speaker: Okay? Mr. Williams: That’s good. That’s all, Mr. Mayor. Mr. Mayor: Commissioners will now vote in the usual sign. Motion carries 10-0. 72 Mr. Speaker: Thank you. The Clerk: 10. Discuss/approve upgrade for Mr. Robert Oliver. (Requested by Commissioner Richard Colclough) Mr. Cheek: So move. Ms. Beard: Second. Mr. Cheek: With pride. Mr. Mayor: Any further discussion? Mr. Williams: Yes, sir. Mr. Mayor: Mr. Williams? Mr. Williams: [unintelligible] I think Robert doing a good job. But I mean I’m not going to open the door now. We just slammed the door on somebody and you open the door wide. What kind of upgrade are we doing? How is that going to affect other employees? Just what is upgrade? Mr. Mayor: Mr. Cheek? Mr. Cheek: Mr. Mayor, this is a situation where this individual has been doing the work of an engineer for years. We as a body said several years ago that we would like to see a process by which people who are doing the work rise to the level of competence and then be compensated for it. This would be recognizing this young man for his years of excellent contribution to this city, as well as setting a fine example for the remainder of our employees. This is an exempt [unintelligible] position which we can within our governing procedures promote people to exempt roles and set examples for our other employees. This is one case where this man has been doing the work for years and not being compensated for it. I agree with my twin brother as far as perhaps a detailed listing of the title he would have and so forth, but this needs to happen. And there are several other spots within the government this needs to happen, as well. Mr. Mayor: Mr. Colclough? Mr. Colclough: I yield to the Administrator. Mr. Mayor: Mr. Russell? 73 Mr. Russell: Mr. Mayor, I agree completely with Commissioner Williams that this is a little vague for us to deal with it at this particular point in time. What we have done with the recent changes in Engineering is we’ve promoted—not promoted—we have temporarily moved A. B. [unintelligible] into the Acting Director’s position. As a result of that we have moved Mr. Oliver into an Acting Assistant Director’s position. It would be my recommendation that we hold that until we figure out exactly what the result of our other conversations regarding the Department of Engineering are and at that point—while I don’t disagree at all that we need to revisit his position, I think it would be appropriate to do so at the end of that. He is being compensated at that level at this particular point in time. I’ve spoken with the employee and he’s happy with the current situation. But I do believe we need to look at that in a totality situation as opposed to individually at the moment. Mr. Mayor: Mr. Williams? Mr. Williams: Mr. Mayor, I’m in support. I think this employee is a good employee. But I just need, I need to know, like Mr. Russell stated, what was going to transpire, what was going to happen, what position, whatever. So not to hold this up. I think Mr. Cheek may have some idea as to what we can do, but I just think we need to not just open the gate. We need to have a situation where we can do some things and do it [unintelligible] deserving and [unintelligible] employee. I know he does a great job. I experienced some of his expertise in some things. But we ought to have at least some format to go by so we know where we are, what we doing. And the rest of this force that work this community can pattern after, know that they going to be treated the same way. That’s all. Mr. Mayor: Ms. Beard? Ms. Beard: Does he qualify as far as the job description for the move up is concerned? Mr. Mayor: Mr. Russell? Mr. Russell: It’s my understanding he does not have a degree, which would present some issues for full time move in that particular area. The [unintelligible] Commissioner Cheek referenced was an on-the-job training situation, where we would look at that and move that into that. I think that’s something we need to continue to look at as sort of a—I don’t want to say internship, but a— Mr. Speaker: [unintelligible] Mr. Russell: Yes, a [unintelligible]. Thank you, sir. And a plan to do that with [unintelligible] so it’s not unusual in that particular area. Mr. Grantham: Call the question. 74 Mr. Mayor: I believe we’ve got a motion on the floor and a second. Mr. Speaker: What is the motion? Mr. Cheek: the motion is amended with the approval of the seconder and the consent of the body to allow the Administrator to exercise his judgment in pursuing this promotion, if you will, consistent with what was mentioned by the Administrator earlier. Mr. Grantham: And compensated accordingly? Mr. Cheek: Compensated accordingly. Mr. Mayor: Could you please read back the amended motion? Mr. Williams: Before that happens can— Mr. Mayor: Mr. Williams? Mr. Williams: Can I get a little clarification? Is that to be brought back to us before it’s presented? Because I would hate to present something to someone and then— that just a question. I’d like to know. We ought to know what the— Mr. Mayor: Mr. Russell? Mr. Russell: Yes. The active appointment is within my purview and I can do that. The full time change would be something you would have to review prior to being accepted. Mr. Mayor: Mr. Cheek? Mr. Cheek: Mr. Mayor, may the record note and highlight that we gave this directive to staff over a year ago--I’m sure it may have been as long as two years ago—to pursue this and with this particular individual. So I would just like to [unintelligible] there needs to be a gate and there needs to be some prerequisites, I agree. We don’t want to have this done willy nilly. But this is an individual who has demonstrated the skills and expertise to fully do the job and to it very well. Mr. Mayor: Is there any further discussion? Mr. Brigham? Mr. Brigham: Mr. Mayor, from the discussion I assume this is an accommodation to Mr. Oliver, who I think also does a good job. I don’t see a policy that we’re voting on. I have the same concern there as I do in some other cases. If we want to pass a motion supporting Mr. Oliver, his good works, but I don’t think we ought to be throwing salaries around without paper in hand. 75 Mr. Cheek: The intent of the motion is to allow the Administrator to make the changes he’s made and which involves compensation and continue the development of the policy to bring back to us. Mr. Brigham: That’s fine. I just wanted to make sure that’s what it says. Mr. Mayor: We have a motion. I believe we also have a second. Lena, could you please read back the motion for everybody’s benefit, including mine? The Clerk: The motion was to concur with the Administrator to allow him to exercise judgment to proceed consistent with a compatible pay for Mr. Robert Oliver. Mr. Mayor: Commissioners will now vote in the usual sign. Motion carries 10-0. The Clerk: FINANCE 11. Consider a request from the Georgia Golf Hall of Fame regarding the purchase of tickets for the 18th Annual Georgia Golf Hall of Fame Banquet. Mr. Grantham: So move. Mr. Cheek: Second, consistent with the practices of the past, of allowing Commissioners to buy tickets that want to attend, get tickets who want to attend. Mr. Mayor: Any further discussion? Commissioners will now vote by the usual sign. Motion carries 10-0. The Clerk: ENGINEERING SERVICES 12. Approve a Supplemental Agreement with Jordan, Jones & Goulding to continue to provide project management support via staff augmentation in an amount not to exceed $85,000 to be funded from the one percent Sales Tax Phase IV administration upon receipt and review of executed documents. Mr. Cheek: Move to approve. Ms. Beard: Second. Mr. Mayor: Mr. Williams? 76 Mr. Williams: Thank you, Mr. Mayor. If this a supplemental agreement, we just voted, we just did a agreement with this firm to do some things and I guess my questions is, is this a continuation of the last agreement we had with them? Is this the same thing that ongoing? Is this a change order [unintelligible] which is the same thing? Is that what this is, a change order? Mr. Speaker: Yes. Mr. Williams: Well, we ought to call it what it is, don’t try to trick me with no other words. If it’s a change order, y’all know we been talking about those. [unintelligible] Mr. Speaker: [unintelligible] Mr. Mayor: Yes, sir, can you please state your name and address for the record? Mr. Speaker: [unintelligible] what it is, it’s a [unintelligible] continuation of the services that they have rendered. The contract was for six months and that six months is up so [unintelligible]. Mr. Williams: Thank you. Mr. [unintelligible], is it? Mr. Speaker: Yes, sir. Mr. Williams: Thank you, Mr. [unintelligible]. And we talked about this when this contract was first put out. We did a six months agreement that we going to come in as this government and do some things our self. But here we are now, we got another six months that the money we’re spending on services with other businesses that we supposed to be transitioning to has not yet took place. And this just one. I mean I’m not going to oppose this. I think [unintelligible] but we need to get serious When we did this for six months, I questioned that then, what happened at the end of six month? Well, every six months we do another six months. That’s an evergreen situation. I mean we keep rolling them, Mr. Mayor, over and over and over. But six months up. We hadn’t done nothing prior to the six months so look like we’ve got to continue now [unintelligible] are we going to hire or we going to do some thing? We are spending a lot of taxpayer money. I started to say a little at a time, but a lot at a time. Just keep spending it and spending it and spending it. That’s all the questions I got, Mr. Mayor. Mr. Mayor: Okay. Ms. Beard? Ms. Beard: Mr. [unintelligible], may I see you after the meeting? Mr. Speaker: Yes, ma’am. Mr. Mayor: Mr. Cheek? 77 Mr. Cheek: These are the positions necessary to fill the positions. We haven’t been to get full time employees in for a number of years. I urge passage. It’s essential and I agree with Commissioner Williams, we don’t need to make this an ongoing thing. I hope that we’ll have these positions filled soon. Mr. Mayor: Mr. Williams? Mr. Williams: Mr. Mayor, there’s another agreement, too, that’s coming, if it hadn’t come back yet. Cause there was a partnership with another firm doing some additional stuff as well. This firm wasn’t the only one in this same vein. So I just think we need to be careful. We need to be mindful. If you got people and money, we’ve got the money, we ought to be able to hire the people. Just as simple as that. And get them on our staff versus keep paying other staff folks to do that. 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. The Clerk: APPOINTMENT(S) 13. Consider recommendations from the Richmond County Hospital Authority for a four-year term on the Authority: Member at Large position - Quincy L. Robertson, Warren Daniel, John S. Markwalter Active Medical Staff position - A. Bleakley Chandler, M.D. Jerry Howington, M.D., Gregory L. Gay, M.D. The Clerk: You want to take these individually or you want to do them collectively? Mr. Speaker: How many appointment are there? The Clerk: There are two appointments, one active medical position, to fill the vacancy created by the expiration of Dr. Vendie Hooks’ term. And Dr. Hooks is not eligible for reappointment. They offer up the nominations of A. Bleakley Chandler, M.D., Jerry Howington, M.D., and Gregory L. Gay, M.D. Mr. Mayor: Mr. Smith? Mr. Smith: Thank you, Mr. Mayor. I’d like to make the motion that we nominate Quincy Robertson and Dr. Bleakley Chandler. Ms. Beard: Second that. Mr. Mayor: Is there any further discussion? Mr. Grantham? 78 Mr. Grantham: Mr. Mayor, I’d like to nominate for active medical staff position Dr. Jerry Howington. Mr. Williams: I move the nominations be closed. Mr. Mayor: Do we have a second on— Mr. Brigham: I’ll second it. Mr. Mayor: Motion are—nominations are closed. Vote on the [unintelligible]. Mr. Speaker: [unintelligible] Mr. Mayor: Mr. Parliamentarian? Mr. Shepard: I would say you all vote it because you all may abstain. Mr. Mayor: Is there any more discussion on the nominee as submitted? The Commission will now vote by the usual sign. The Clerk: For Mr. Robertson. Mr. Mayor: And the second nomination, or listed nomination. The Clerk: Mr. Chandler. Mr. Mayor: Commissioners will now vote by the usual sign. Motion carries 7-3 for Dr. Chandler with Mr. Brigham, Mr. Bowles and Mr. Grantham voting No. The Clerk: The nominees are Mr. Quincy Robertson and Dr. Chandler. Next items are the items that were tabled or the discussion on item 14 [unintelligible]. Mr. Cheek: Move to reconsider item 14. ADMINISTRATOR 14. Approve severance package for Ms. Teresa Smith. (Deferred from the December 19, 2005 Commission Meeting) Mr. Mayor: Mr. Hatney? Mr. Hatney: Being the new kid on the block, I have not seen where we are going I would offer a motion that we authorize the Administrator to be able to resolve this. to contact Ms. Smith to offer this package to her before we finalize it and come back with us in two weeks. I don’t think that will break us. 79 Mr. Holland: Second that motion. Mr. Mayor: Mr. Russell? Mr. Russell: And I would like to be able to leave her on administrative leave with pay during that process. Mr. Hatney: Amen. Mr. Mayor: I’ll take that amen as an amendment to the motion. Mr. Speaker: What did Mr. Russell say? Mr. Mayor: Mr. Russell? Mr. Russell: Yes, I would like to leave her on administrative leave with pay during that process. Mr. Hatney: Correct. Mr. Mayor: We have a motion. Mr. Shepard? Mr. Shepard: I looked upstairs and then I looked in our own policy manual. We have been doing that as a matter of practice and I think we should adhere to what we’ve been doing. [unintelligible] longer than ten days. Mr. Mayor: We have a motion and a second. Could you read that back, Lena? The Clerk: This motion is going to be to reconsider as well as—is it a combined motion? Mr. Cheek: Yes. The Clerk: Is to reconsider and authorize the Administrator to negotiate with Ms. Smith and to come back in two weeks with a package and that she remain on administrative leave during that period. Mr. Mayor: Is there any more discussion? Commissioners will now vote by the usual sign. The Clerk: With pay. With pay. Mr. Brigham votes No. Motion carries 9-0. 80 Mr. Mayor: Next agenda item? Mr. Hatney: Mr. Mayor? Question, please. These other, A and B, we did not resolve. My concern is that due to the fact that we need to get together, I think it would be good to just leave these on the table until we have our meeting, have our retreat and then come back. We’d probably be in better spirits. We ain’t talking about but a little while. A. Election of Mayor Pro Tempore for 2006. B. Appointment of Standing Committees for 2006-2007. Mr. Mayor: Mr. Parliamentarian? Mr. Shepard: You need a motion then to postpone until your next meeting. Or if you feel you want to vote on them tonight, you have to make a motion to take them off the table and put them back on. Mr. Mayor: I would just like to go on record to say I agree with Commissioner Hatney that it does not seem as though these items were discussed by the group as a body. There was not a lot of discussion going on prior to coming in today. So I would just like to make that comment. Mr. Smith: I make a motion we postpone until our next regular meeting. Mr. Hatney: Second. Mr. Mayor: Any further discussion? The Commission will now vote by the usual sign. Mr. Bowles votes No. Motion carries 9-1. Mr. Mayor: I believe that covers all the agenda item. Nothing further, we stand—excuse me, Mr. Shepard? Mr. Shepard: For the benefit of the new Commissioners we have been doing our legal sessions before the [unintelligible] and I assume that’s what you want to continue to do. Mr. Hatney: Is that the one you put me out of? Is that the meeting? Mr. Mayor: You will be left out no longer. Mr. Shepard: Mr. Hatney, I think you’ll have plenty of time [unintelligible]. 81 Mr. Mayor: Nothing further, we stand adjourned. [MEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of Augusta Richmond County Commission held on January 3, 2006. ______________________________ Clerk of Commission 82