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HomeMy WebLinkAboutCommission Meeting December 6, 2007 REGULAR MEETING COMMISSION CHAMBER DECEMBER 6, 2007 Augusta Richmond County Commission convened at 2:00 p.m., December 6, 2007, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Harper, Grantham, Hatney, Beard, Williams, Cheek, Bowles and Brigham, members of Augusta Richmond County Commission. The invocation was given by the Reverend David Hunter, Pastor, Lutheran Church of the Resurrection. The Pledge of Allegiance to the Flag of the United States of America was recited. The Mayor: Hey Brad, you ready over there? DELEGATIONS A. Mr. C. Keith Brown, Chairman ARC Citizen’s Small Business Advisory Board. RE: Presentation of CSBAB Brochure. (Presentation made by Mr. Brown) DELEGATIONS B. Mr. Robert A. Mullins. RE: Request to review procurement documents. Mr. Williams: --- (INAUDIBLE) going to court and I think the Judge ought to be the one if we go back in Legal and listen to it are we going to make a decision ourselves. Now we already paid, I think we settled a suit that didn’t get to the courts because we just sued. I think that we voted up here to pay a suit that was filed without getting a judgment from the jury to say we were right or wrong. Now I don’t think we ought to take those kinds of things under our concern and just voluntarily say okay we was wrong. I think it ought to be proven in a court of law. I think we pay enough Attorneys. I see a new one sitting over there and she’s quite prettier than the rest of them we’ve had but I think we ought to give them a chance to earn their monies. So I don’t think we ought to be hearing any of this if it’s in, if it’s already been filed as a lawsuit. That’s why I asked what the procedures were when that kind of scenario has been presented to this body. I think that it’s public record like Mr. Cheek said. Anybody can come down and look at it and get a copy of that. But the lawsuit itself is not public record as of yet so we ought to handle that through our Attorneys the way that it ought to be handled. I don’t think, and I was in favor of listening but I don’t think it’s something we ought to be doing either in Legal or here now since it’s been filed as a lawsuit. We need handle need to handle it in proper chambers proper places for it to be handled and that’s through the courts and that’s what we ought to be doing. If we’re wrong I think the court will make us be responsible enough to take care of whatever obligations we got to take care of. Not like the last time we voted to do that. 1 The Mayor: Okay, prior to Commissioner Hatney, the Clerk has informed me that the tape was not running when you gave your legal opinion as to why we should not hear this, if you could give that again. Mr. Boudreaux: Based on the fact that the information contained in the agenda item is directly related to litigation that has already been filed and currently pending in the courts, it would be inappropriate to discuss those matters in a public forum. The Mayor: Okay. Commissioner Hatney. Mr. Hatney: My concern mainly is that the individual who has made this claim he didn’t think enough of this government to bring it to us before he filed his suit and I really don’t think we need to look at this. If it’s already in the Judge’s hands, that’s who should handle it. The Mayor: Okay, the Chair has ruled and we’re going to move on. Mr. Mullins: Mr. Mayor. The Mayor: I, sir --- Mr. Mullins: I just want to request to be able to speak about something that is not involved in litigation, it’s general open records. The Mayor: I will tell you, Mr. Mullins, it says in the agenda item what the request was for you to speak on so I would prefer to handle it in the way that we’ve just laid out. Mr. Mullins: Thank you. The Mayor: Madam Clerk. The Clerk: Our consent agenda consists of items 1-8, items 1-8. And, Mr. Mayor, item 7 is an approval of our regular minutes which we just finished up today. And I put this on the agenda to be in compliance with our rules and regulations that says you will approve the minutes upon the next regular meeting. The minutes are ready I know you have not had an opportunity to review them. If you would like to forward this item to the next meeting for consideration and approval we can do that but we just want to be in compliance with our rules and regulations and I do have the minutes ready for you if you’d like to consider that as part of your consent agenda. The Mayor: Does anybody have a problem with keeping it on this agenda? Mr. Grantham: Nope. The Mayor: Okay. Do we have any additions to the consent agenda? Mr. Grantham: Mr. Mayor. 2 The Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. Under Public Services I’d like to list item number 10. This is in regards to a request for all of our alcohol and beverage licenses as submitted by our License and Inspections Department with the amendment of on page 9 in your book, excuse me page 1 in your book where you had all of your requests listed. We are rd requesting to delete the 3 request down which is business name 3020 Restaurant and Lounge on Damascus Road. That will be deleted. I’d like to show that and then on page 9 in your book of requests under the business name of Club Continuum LLC on Broad Street that too will be deleted from the request book. With that being said only those two adjustments are to be made in the request book and I am asking that that be sent to consent. The Mayor: That’s item 10. Mr. Grantham: That’s correct. In addition to item 10 it’s my understanding that item number 11 that our applicant is here. The Sheriff’s Department and Inspections Department has found everything in order and since we did not have a quorum or Public Service Committee meeting last Monday we’re asking that this be put on consent as well. The Mayor: Okay. Commissioner Williams. Mr. Williams: Mr. Mayor, I don’t any problem with Mr. Grantham and item 10 but the two that’s going to be deleted, can someone share why? Mr. Grantham: They’re out of business. Mr. Williams: They closed down? Mr. Grantham: Yes. Mr. Williams: Okay. And I see Rob at the wall there. Is there is anything different, Rob? Mr. Grantham: Rob, do you want to tell him that? Mr. Sherman: The two businesses that Commissioner Grantham mentioned on page 1 and on page 9 are both closed and they were mistakenly included in the list. Mr. Williams: Okay, I just want to be sure of why we was --- Mr. Grantham: Deleting? The Mayor: Okay. Mr. Williams: --- deleting those two and not just deleting them. But I got no problem with that. 3 The Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor if it pleases the body I’d like to offer for the consent agenda item 12, 15, 16, 17 and 18. The Clerk: 12, 15, 16, 17 and 18. Mr. Cheek: Yes, ma’am. Mr. Holland: Mr. Mayor? The Mayor: Commissioner Holland. Mr. Holland: Item 13. The Clerk: Do you want to add that to the consent for approval? Mr. Holland: Yes, ma’am. Mr. Bowles: Is that based on the recommendation of Chester? The Mayor: Based on the recommendation of Mr. Wheeler. Mr. Bowles: Mr. Wheeler, thank you. The Mayor: Okay do we have, Commissioner Beard? Ms. Beard: Mr. Mayor, I’m wondering if we could hear from the Administrator in reference to number 14 and if he has found the funds. The Mayor: Mr. Administrator. Mr. Russell: Mr. Mayor, members of the commission. I was directed at the last meeting to determine whether or not there was sufficient funding available to provide $25,000 in emergency money to the Miracle Making Ministry. After looking at the budget and looking at our contingency account there was not sufficient funds to cover that. What I have been able to do though is to determine we did several months ago authorize $20,000 out of our contingency account to take care of the Walk at Riverwalk, the Veterans Monument that we are particularly, you authorized to work with there as they continue that monument and build a wall for additional spaces there. It will be appropriate to take that out of the Riverwatch account, reimburse the contingency account that $20,000 and then allocate that $20,000 to Miracle Making Ministries. I’ve been able to talk to the good doctor about that. He’s very pleased with that potential with the twenty and I would suggest that we do that sir. Mr. Holland: Mr. Mayor? 4 The Mayor: Commissioner Holland. Mr. Holland: In reference to item 13 I want to ask if Mr. Wheeler is going to give a brief explanation in reference to that because we have some wording in here that needs to be explained. The Mayor: Okay, and let us get all the information on 14 and then we’ll come back to 13. Commissioner Bowles. Mr. Bowles: What’s going to happen with the monument at Riverwalk? Mr. Russell: It would be appropriate to take that out of the SPLOST money that’s allocated for Riverwalk. Mr. Bowles: Okay. The Mayor: Commissioner Brigham. Mr. Brigham: Mr. Russell, I believe you were also asked to look at the financials. Mr. Russell: Yes, I was. Mr. Brigham: And I was curious has to how this money’s being spent. Mr. Russell: I’ve got that information available. I’ve reviewed the financials. A good portion, the actual numbers that are going in for administration are relatively low. Balance goes toward the actual service of our community. I’ll be happy to share that with you if you’d like to take a look at it. Mr. Brigham: Are we paying for a doctor? What are we paying for? Mr. Russell: This specific money --- Mr. Brigham: With the $20,000, yes, sir. Mr. Russell: I’m not sure it’s specifically what this $20,000 would go to but they do --- The Mayor: Mr. Williams, could you please come share that with us. Mr. Williams: Mr. Mayor, commissioners, Mr. Russell, that, those funds would be used to underwrite the deficit we’ve had in the operating budget over 2007. The Mayor: Okay, is everybody okay with 14? Mr. Grantham: Yeah, but let me --- 5 The Mayor: Okay Commissioner Grantham. Mr. Grantham: --- and I’m very much in favor, Mr. Mayor, thank you for the time. But I really think that what we’re doing and we had a request in our budget that was approved in our previous meeting. But I feel like that whatever organization whether it be Miracle Ministries or whoever it might be that we’re giving funds to, taxpayers dollars then we need an auditor report every year from those operations to show us what funds are being used for and not only that to show us that they’re not banking money. I’ve seen and I’ve heard that there are some organizations that are actually banking money and coming back with the same request and then we’re giving that because of the request that what was given previously. That being the case I think we’re not being prudent with what we need to be doing as for as watching out for the dollars. So you know I’m not going to include that in the motion today but I’m going to bring that up and I’m going to make that a formal request at a later date. The Mayor: I agree completely. So we’re okay based on Mr. Russell’s recommendation including that recommendation in the agenda item in moving it to consent? Okay. Mr. Williams: Along the --- The Mayor: Commissioner Williams. Mr. Williams: --- line I agree with Commissioner Grantham but I think Housing and Neighborhood Development has a program that people that receive monies of this government ought to have a report and I know this was a little bit different because it’s coming from a different funding source and we need to probably incorporate that as well. But I think the rest of them Mr. Grantham has a program through Housing and Neighborhood Development where we would have and able to look at an accountably sheet of some kind to know the monies are being spent the way we, and because it’s out there and I agree with that one-hundred percent. The Mayor: Okay. So we’re good on agenda item 14. Madam Clerk. The Clerk: Yes, sir, if we could. Item, the Planning item under the regular agenda, Mr. Clay Jolly. You have a letter in your addendum item. He’s asking that this item be referred to our next committee meeting. He’s unable to be here today. So if we could add that on the consent agenda to defer this item to the next meeting. Mr. Williams: So moved. Mr. Cheek: Second. The Clerk: Added to the consent agenda to be --- The Mayor: Moved to the next full commission --- th The Clerk: To the December 18 meeting. 6 The Mayor: Okay. Mr. Brigham: You don’t have unanimous consent on that one. Mr. Bowles: We’ve got a problem with that one. We voted for it last time and nothing’s going to change. The Mayor: Okay. The Clerk: Yes, item number 9, Mr. Jolly. Yeah, his father’s in the hospital. The Mayor: Okay. We do not have unanimous consent on Mr. Jolly’s request. Mr. Wheeler. Mr. Wheeler: Mayor and other commissioners. Item number 13 was discussed at our last Administrative Services committee. Ms. Hilda Alexander-Exaus asked that we forgive a housing loan and my recommendation was that we not forgive the debt and we renegotiate the terms of her loan, which she did agree to. She faxed back into my office a letter that we had presented to her accepting the terms that we had laid out. So I just wanted to clarify that this is not forgiving a loan we’re reworking the terms of the loan. The Mayor: Okay. Mr. Grantham: You need to make a copy of that letter --- The Clerk: What Mr. Wheeler is referring to? Mr. Grantham: Yes. The Clerk: Okay. The Mayor: Okay. Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. I’d like to request that we add to the consent agenda item concerning --- Department of Transportation and the work they’re doing at Interstate 20 and Washington Road (INAUDIBLE) and I make that in the form of a motion. The Mayor: Okay, do we have? Mr. Cheek: Second. The Clerk: To be added to the consent agenda. Mr. Grantham: Add and approve. 7 The Mayor: Do we need a motion? The Clerk: No, sir, it’s going to added in the consent agenda. The Mayor: Okay. If there’s no further additions to, are there any items to be pulled for discussion? Mr. Williams: Mr. Mayor? The Mayor: Commissioner Williams. Mr. Williams: I’d like to have a little discussion on item number 8 if we can please. The Mayor: Okay. If there are no further items to be added to or pulled I look for a motion to approve the consent agenda. Mr. Holland: So moved. Ms. Beard: Second. CONSENT AGENDA PUBLIC SAFETY 1. Motion to approve award of Bid Item 07-167 Training Tower/Burn Simulator; and approve the replacement of the entire pipe as part of the site development with the work to be done by the current engineer who is performing the work at an approximate cost of $500,000 with funding from SPLOST IV. (Approved by Public Safety Committee November 26, 2007) FINANCE 2. Motion to approve a request from the University of Georgia for city sponsorship th through the purchase of tickets for the 18 Annual Augusta regional Economic Outlook Luncheon. (Approved by Finance committee November 26, 2007) 3. Motion to approve a request from Louis R. Andrews regarding a refund of a homestead exemption for his property at 1314 Highland Avenue for the years 2004, 2005 and 2006. (Approved by Finance Committee November 26, 2007) 4. Motion to deny a request from Shyam Verma regarding approval of his homestead exemption for 2007 based upon the recommendation from the Tax Assessor’s Office. (Approved by Finance Committee November 26, 2007) 5. Motion to approve a request from Alpha Phi Alpha Fraternity, Inc. for city sponsorship th through the purchase of tickets for the 11 Annual Unity Breakfast. (Approved by Finance Committee November 26, 2007) 6. Motion to approve the purchase of 3-F-150 Pick Up trucks to support the Fort Gordon support contract by the Utilities Department. (Approved by Finance Committee November 26, 2007) 8 PETITIONS AND COMMUNICATIONS 7. Motion to approve the minutes of the regular meeting of the Commission held on November 20, 2007. PUBLIC SERVICES 10. Discussion: A request by the License & Inspection Department to renew all Alcohol Beverage Licenses for the upcoming year of 2008. This includes all Adult Entertainment Establishments. This includes all Sunday Sales. This includes all Dance. Districts 1 thru 8. Super Districts 9 & 10. 11. New Application: A.N. 07-51: A request by Bryan Birmingham for an on premise consumption Liquor, Beer and Wine license to be used in connection with Allie Katz Bar & Grill located at 3629-A Walton Way Ext. District 3. Super District 10. 12. Motion to approve a request to approve the selection of SwiftTrip, LLC for the airport On-Line Booking Engine. ADMINISTRATIVE SERVICES 13. Consider a request from Ms. Hilda Alexander-Exaus with regard to forgiving a housing rehabilitation loan. FINANCE 14. Motion to approve referring this funding request from Miracle Making Ministries, Inc. in the amount of $25,000 to the Administrator for a recommendation for the Commission’s th December 6 meeting. ENGINEERING SERVICES 15. Motion to approve Georgia Power Company Governmental Encroachment Agreement #30977. ATTORNEY 16. Review and approve a new contract with the Department of Energy (DOE) and Augusta, Georgia by and through the Augusta Aviation Commission for loading and unloading DOE cargo aircraft at the Augusta Regional Airport at Bush Field. 17. Motion to approve Tax Refund Request – 419 Shallowford Court – 016-0-198-00-0, Margaret Ann Richards. 18. Motion to approve the attached Resolution of the Augusta Richmond Commission regarding Purchase of Assets of Land Gas of Georgia, LP in the case of Augusta, Georgia v. Land Gas of Georgia, LP Civil Action No. 2005-RCCV-643, Superior Court, Richmond County, Georgia. ADDENDUM 20. Approve purchase order in the amount of $452,500.00 to facilitate relocation of water and sanitary sewer lines in conflict with new bridge footers on Washington Road at Interstate 20. The Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. 9 The Clerk: Mr. Brigham. Mr. Brigham: Miss Lena, I want you to make sure that you get this down right before I vote to approve the consent. I am voting against item number 14. I am opposed to renewing the license for the Dreams Club on Washington Road or any other place. I am abstaining from voting on Still Caribbean and I’m voting against the adult entertainment licenses. With that I’ll vote for the rest of it. Mr. Hatney abstains. Motion carries 9-1. [Item 10] Mr. Brigham abstains on license for Still Caribbean. Motion carries 8-2. [Item 10] Mr. Hatney abstains. Mr. Brigham votes No on renewal of license for Club Dreams on Washington Road or any other location. Motion carries 8-1-1. [Item 10] Mr. Hatney abstains. Mr. Brigham votes No on all adult entertainment licenses. Motion carries 9-1. [Item 10] Mr. Hatney abstains on alcoholic beverage licenses for current adult entertainment establishments. Motion carries 9-1. [Item 10] Mr. Brigham votes No. Motion carries 9-1. [Item 14] Motion carries 10-0. [Items 1-7, 12-13, 15-18] The Clerk: The motion carries with the noted abstentions and no votes from Mr. Hatney and Mr. Brigham. The Mayor: Okay, Madam Clerk, let’s go with the pulled agenda item first. The Clerk: APPOINTMENTS 8. Motion to approve the appointment of David Fields to the Augusta Aviation Commission effective January 1, 2008 representing District 10. The Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor, thank you. I have no problem with Mr. Fields being appointed serving in the position but I’m wondering would that be a conflict with him associated with the taxi service that’s been at Fort Gordon for quite some time. And I just want to make sure that we’re not doing anything to cause him any loss of revenues or cause him any conflict. 10 But he has been associated for many, many years with the Radio Cab Company there at the airport. So if somebody can answer that I’ve got no problem with him serving but I think that maybe a conflict for that simple reason. The Mayor: Okay. Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor, and that’s a good question. But Mr. Fields has not been employed by the taxicab company Radio Cab for over a year now. He’s employed by Stokes-Hodges Automobile Company. And he’s there so I don’t foresee the conflict that may be questioned at this time. Mr. Williams: Well --- The Mayor: Mr. Williams. Mr. Williams: --- I understand that but a long-standing relationship has been established with the Radio Cab, Mr. Fields being the person in position, manager whatever his position was there for a long time. We’ve had a lot of conversation about this. It’s caused a lot of confusion with the other cab owners and all of them asking is to make sure that we don’t allow something to happen that’s going to create something that’s maybe not even there but it’s going to give the appearance of. So that’s why I asked the question I could not address it but I addressed it because I want to make sure that everybody has an opportunity to serve and to be served at the airport. So I’ve got no problem with him, Mr. Mayor, other than I just wanted that to be on record. The Mayor: Okay. Can I get a motion to approve? Mr. Grantham: So moved. Mr. Hatney: Second. The Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Motion carries 10-0. The Clerk: PLANNING 9. Z-07-82 – A request for concurrence with the Augusta-Richmond County Planning Commission to deny a petition by Eric Morrell Dixon, on behalf of Michael E. Shelton, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing .49 acres and is known under the present numbering system as 2053 Broad Street. (Tax Map 027-3 Parcels 075 and 075-01) DISTRICT 1 (No action vote by Commission in meeting held on November 8, 2007) 11 Mr. Brigham: So moved. Mr. Cheek: Second. The Mayor: We have a motion and a second. Is there any further discussion? Okay as soon as the Clerk clears commissioners will vote by the usual sign. Mr. Williams and Ms. Beard abstain. Motion carries 8-2. The Mayor: And I believe that ends our regular agenda. And, Mr. Boudreaux, I take it we need a Legal session. Mr. Boudreaux: Mr. Mayor, I apologize item number 16 that was put on the consent agenda. The details of that contract are still up in the air in negotiations. We would like to pull that item and place it on the next commission agenda. There may be some material changes to what otherwise had been presented. The Mayor: Okay. Mr. Bowles. Mr. Bowles: Mr. Mayor, I would just say if there are any materials or any changes period we just bring it back and we’ll reconsider at that point. Mr. Grantham: Just bring it back. Mr. Williams: Mr. Mayor, I totally disagree. Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor, I think that before we vote on a contract you going to vote on a contract and don’t know whether or not we still want to approve it. Now I think that’s just prudent. Mr. Boudreaux said that we bring it back and think y’all ought to bring it back and we ought to be able to look at it then we can vote it again. Is that going to make or break us or is that going to hold us up? Mr. Boudreaux: (INAUDIBLE) Mr. Williams: So our next meeting is when? You might not want to approve the contract. I might not want to approve the contract. Mr. Boudreaux: Believe me you --- approve the contract. The Mayor: Okay. Mr. Boudreaux: (INAUDIBLE) 12 The Mayor: Okay. All right, Mr. Boudreaux, I know we’ve got some matters to discuss in Legal. Mr. Boudreaux: We do have items of potential and pending litigation to discuss. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 21. Motion to go into a Legal Meeting. The Mayor: Can I get a motion to move into Legal to discuss those matters? Ms. Beard: So moved. Mr. Smith: Second. The Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 10-0. The Mayor: We are in Legal. Okay, Mr. Boudreaux. [LEGAL MEETING] ADDENDUM 19. Motion to approve funds for condemnation of Right-of-Way from Williams C. Pitts in connection with the St. Sebastian Way Project for property located at 1445 Green Street of $53,340.00. 22. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Boudreaux: Yes, your Honor. We need two separate motions. One, to add and approve the condemnation of the St. Sebastian Way Greene Street property and also execute a closed meeting affidavit. Mr. Brigham: So moved. Mr. Smith: Second. The Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. 13 The Clerk: That was to add and approve? Mr. Harper, Mr. Williams and Mr. Hatney out. Motion carries 7-0. The Mayor: Okay, are we all done? The Clerk: Yes, sir. The Mayor: Everybody good? With no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on December 6, 2007. _________________________ Clerk of Commission 14