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HomeMy WebLinkAboutCommission Meeting March 28, 2007 REGULAR MEETING COMMISSION CHAMBER MARCH 28, 2007 Augusta Richmond County Commission convened at 2:07 p.m., March 28, 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 Mark S. Pierson, Pastor, Bethel AME Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Pastor, we have a special presentation for you. And thank you for that prayer and saying make this occasion joyous. I very much appreciate that. The Clerk: On behalf of the Mayor and the commission we’d like to give you this token of our appreciation for you coming in today. It’s always a pleasure to have you with us and as the Mayor said, we hope that that would come to fruition. Thank you very much. Mr. Mayor: Thank you so much. Madame Clerk, if we could move on to our presentations. Entering from stage right now, Mr. Wayne Hawkins. The Clerk: PRESENTATION(S) A. Mr. Wayne Hawkins. RE: Presentation of Mayor’s Master Reception pins to the Commission. Mr. Hawkins: I am Chairman of the Mayors Masters Reception Committee and I’m just here today to, I’m glad to see all ten commissioners are here, here to invite them to our event Monday night and the general public too. It is, it’s starts at, gates open at five-thirty at the Golf and Gardens and it’s free and open to the public. There are about fifty restaurants this year, local restaurants giving food away so, and Gary Player is our honorary so I have some special invitations for the commissioners. Mr. Mayor: And they’re great looking newly designed pins I believe. And I would just, for the general public and for the commissioners, last year we had over 8,000 people attend. It was a very diverse crowd. It’s a great occasion. Six o’clock Monday night, next Monday at the Augusta Golf and Gardens and it is a free event so I would like everybody and, folks out there watching us on Saturday afternoon, you’re welcome to come too. Wayne, thank you so much. Madame Clerk, on to our delegations. The Clerk: DELEGATIONS B. Ms. Taneka A. Heard. RE: City’s support for National Spoken Word Week. Mr. Mayor: Ms. Heard, if you could keep it to five minutes, please, ma’am. 1 Ms. Heard: Thank you. Yes, I am here. I serve on the committee for National Spoken Word Week and I’ve been living in Atlanta for the past six years and just recently moved to Augusta. So what we would like to do is get Augusta involved in National Spoken Word Week. th It promotes literacy and the arts. So on April 28 specifically we will be at the Laney Walker Stadium doing an event and we want to invite first of all everybody out there and would love to have one of the representatives to come out and make an appearance as well. But I have a request. We’re wondering if we can use chalk on the sidewalk or in the parking lot area surrounding the stadium to make a poetry collage. We’re going to have the kids and we’re going to have adults come out and write a few stanzas from their favorite poems or inspirational pieces outside and this is just an example of the chalk that we would be using, the washable chalk and that’s one thing. The other thing is we would like the city support and I’m not sure what the protocol is or what type of support you guys can offer for something like this. But I’m open to suggestions and also wondering if you have a PA system for that area, something like that that may be donated for that event and then returned back. So those are my questions. Mr. Mayor: Okay, um, Mr. Administrator, do we have a PA system? Do you know? Mr. Russell: We have something through Recreation. I’m not to sure what the size of the event but if you’ll give me your name or I’ll give you a card before you leave --- Ms. Heard: Okay. Mr. Russell: --- and we can make contact and see if we can’t work that out for you if that’d be the will of the commission. The parking lot itself is the property of the school board. Ms. Heard: Okay. Mr. Russell: We do not have control over that. You would have to ask them for permission to uh, to use that as a collage that you’re doing. The sidewalks are, the sidewalks are ours and I think the commission here could, I assume that the sidewalks are ours, I think the commission here could give you that permission. I’ve seen this done before and I would not be opposed to supporting that if they would like to give you that direction. Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor to that effect, my kids use this on our concrete driveway all the time and it washes away and they have fun with it and it sounds like anything we can do to . I’m going to make a motion that we allow the use of the promote literacy is a good thing washable chalk on the sidewalks that we own and encourage the City Administrator to assist with any in kind services that we can provide to assist in Spoken Word Week. Ms. Heard: Thank you. Mr. Mayor: We have a motion. Is there a second? Mr. Williams: I’ll second that. 2 Mr. Mayor: We have a motion and a second. Any further discussion? Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: And before you leave I just want to share with you. I’m a poet myself, anything I can do to help ya’ll, I think this is wonderful. If you do any public service announcements or anything I’d be happy to participate and there are some channels I think that you could do that and get some publicity free of charge, so I just wanted to make you aware of that. Ms. Heard: Thank you. Thank you very much. Mr. Cheek: Mr. Mayor could you regale us with a --- Mr. Mayor: I got one on my shelf back there if you’d like to read it. Sylvia’s read several of them. Thank you all so much. Mr. Holland: Roses are red; violets are blue --- (LAUGHTER) Mr. Mayor: A little bit more in depth than that. I give you an A. All righty if we could move on to the second delegation, Madame Clerk. The Clerk: DELEGATION(S) C. Rev. James Williams, Jr. RE: Concerns about actions taken on certain personnel. Mr. Mayor: And Reverend Williams, if you could keep it to five minutes as well. Rev. Williams: Thank you, sir. Mr. Mayor, commissioners I come to ask some concerns in reference to some actions that has been taken on personnel in these past few months. One is actually that was taken by this commission and one is the action that was taken by one of the elected officials offices, namely the Magistrate court, court of Judge Jennings in these past few months. The concern is that the way these things were taken um, I’m not satisfied and the people aren’t satisfied. If you recall, in January of last year at your second commission meeting I called for an investigation on the Recreation Department. That investigation did come a few months later and as a result we just recently got a decision that that was made by this commission in terms of what the outcome was. Very dissatisfied with that outcome. I feel that, we feel that the uh, punishment that was administered for the supposedly displeasure of that department director was not adequate and I feel that there should be something um, more stringent that should be taken. The magistrate court judge office, Judge Jennings office as you recall and um, last year beginning in June/July an incident happened where a staff person was reported for misappropriation of funds and in the misappropriation the person was eventually terminated, terminated after the person who reported the improprieties was terminated. The person, who reported it uh, was immediately terminated after an investigation. There was a third person also involved in that situation and that person was also admonished by the magistrate court judge, Judge Jennings by having been given a probationary period that was, I wouldn’t have wanted to work under that. She was also reduced in salary and was also demoted from the position that she 3 held which was totally inadequate for what she was accused of not doing or for what she um, did in reference to giving a statement about something that she knew that would seem inadequate and she was punished for it. She’s still there. We met with Judge Jennings, Judge Jennings told us that he fired the clerk in his office because Baird and Company, the accounting firm, that does the accounting um, instructed him that she should be fired. That person was subsequently fired th but the person who did the impropriety was fired later in January, January 9 she was taken off the payroll of this county and she was allowed to stay there even after the person who reported it who did nothing wrong. Those things are not right, those things are inequities in terms of how we administer uh, punishment so to speak to those who commit crimes or those who, we’ll say a crime cause a crime was committed. The person was arrested the day after she was terminated or released from the county payroll, which was months later. Some kind of answer needs to be given to the public as to why. I understand that Ms. Bonner is in limbo about, well I called a name, is in limbo about being put in the position and the county has not been satisfied yet. If she was so wrong why is it that she’s not gone? She did not do anything wrong. Those things are concerns of people of this county and it’s continuing to go on and we’re not satisfied with it. And we want some answers as to why. Why is it that this person has not been put in a permanent position as she was told she was going to be given and she’s in limbo and probably in a couple months she will not have a job if this commission has not taken any action. We would like to have some answers, Mr. Mayor. And I have about a minute and a half I would appreciate some kind of response. Mr. Mayor: Ten seconds actually. Mr. Williams: All right, sir. Mr. Mayor: And I will tell you with regards to, this is a personnel issue which is something that we are not free to discuss openly so I, if I can’t really give you direction with regards to getting answers to this situation until it’s resolved. Mr. Williams: Are you saying it’s not resolved? Mr. Mayor: I’m just saying it is a personnel issue, what you’re discussing and we have a place on our agenda for personnel, real estate and potential and pending litigation to where we discuss those items in legal session. Mr. Williams: Well, I feel the people of this county needs to know because it is their taxpayers’ monies that are used to pay these people and they’re not satisfied in the terms of the kind of treatment and the way these people are being treated. Mr. Mayor: Thank you, sir, and I appreciate you taking the time to make your voice heard. Mr. Williams: Thank you. Mr. Mayor: Thank you. Commissioner Cheek. Mr. Cheek: Mr. Mayor, I’ll be brief. One of the things, points that needs to be made is yes, we are responsible for the decisions that we make governing our employees but most of the 25/2700 or so employees that are listed as city employees actually work for other constitutional 4 officers who have jurisdiction over those employees. What we see in a lot of cases is a lack of consistency between policy governance over those employees from one constitutional officer to the other and that indeed is a weakness in this government. But we are as you said working personnel issues and they do take time, people are entitled to due process. We do make our decisions on all our employees and we are responsible for them. Mr. Mayor: Thank you, Commissioner Cheek. Madame Clerk, the consent agenda. The Clerk: Item one. Mr. Williams: Mr. Mayor, excuse me --- Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor, we got a young lady out here that came down and, and I know we don’t, we talk about adding and putting stuff on the agenda but I think she has been very outstanding and I think what’s she’s done should be recognized and we know this is televised and people all over this county need to know what kind of students we have and what kind of people we have in this government. And I would appreciate and if the commission would indulge you to just uh, just to give her the plague. You don’t have to go through all her achievements but I think that is, it would be unfair not to recognize her on cable. Mr. Mayor: I will say I appreciate that, amen and we will do that right now. Mr. Williams: Thank you. Mr. Mayor: And this is so good I think you deserve getting it twice. In recognition of Angelique Jordan whereas Angelique Jordan is currently a student attending Augusta State th University as a biology pre-med major whereas on August 8, 2006 she participated in a contest in which participants were to write a ten to thirty second script for a public service announcement on self esteem and an essay in one hundred words or less on why self esteem is important to teenagers today and whereas this contest was open to girls ages 13-21 with over 360 th girls participating and whereas on September 11, 2006 Angelique Jordan was announced as the winner of the More You Know campaign and whereas since winning the contest Angelique had the opportunity to see an episode of Law and Order as for you filmed in New York City appeared on the Today Show, in the nationwide magazine Cosmo Girl, on two talk radio shows, the local news and the Augusta Chronicle and whereas the two public service announcements are currently being aired through the long running The More You Know campaign on the NBC network and now therefore I Deke Copenhaver, Mayor of the City of Augusta to hereby proclaim th March 28, 2007 as Angelique Jordan day in Augusta Georgia and urge all citizens to join in recognizing the exceptional talent and drive displayed by this young lady to encourage and enlighten teenagers of the importance of good self esteem. Second time over, congratulations. (APPLAUSE) Thank you, Commissioner Williams. Mr. Russell: Mr. Mayor, if I may. Not only is she a student at Augusta State but she’s a product of the Richmond County School system. A graduate of Cross Creek High school and has come up through our system here. So that’s something additionally to be proud of that our students are achieving national recognition. (APPLAUSE) 5 Mr. Smith: Mr. Mayor, that would be District 8. (LAUGHTER) Mr. Cheek: Actually, Commissioner, that’s in District 6. (LAUGHTER) Mr. Brigham: Regardless of that it’s still in Super District 10. Mr. Mayor: And regardless of that it’s all Augusta. Okay, Madame Clerk, on to the consent agenda. Do we have any additions to the consent agenda? I guess we’re not going to have any pulls today. Commissioner Grantham. Mr. Grantham: Mr. Mayor, thank you. Under Public Services I would like to offer to the consent agenda Items 2-8. It covers my position. The alcohol petitioners are here, Mr. Mayor, and they have been approved by the Sheriff’s department and by License and Inspection. Larry is here, is there any comments you’d like to make? Mr. Harris: Everything’s fine --- Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor, I’d like to add item 9, item 11 and 12 to the consent agenda. Mr. Brigham: Mr. Mayor, I’ve got some problems with Item 12 being added to the consent. Mr. Mayor: Okay, we’ll hold out 12. Are there any further additions to the consent agenda? Commissioner Smith. Mr. Smith: I’d like to add, Mr. Mayor, 10. I believe Mr. Williams added 11, is that right? Okay, 13, 14 and 15. Mr. Williams: Uh, Mr. Mayor, we discussed --- Mr. Mayor: Commissioner Williams. Mr. Williams: We need to discuss 10 and 13. I don’t have a problem with the other ones. I just need some clarification that doesn’t mean I’m opposed but I just need to get some things brought out that I might be --- Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, if it please the body I have several items on here dealing with the canal. I would not object to adding 18 and 19 as well. Ms. Beard: Uh, Mr. Mayor, I think --- Mr. Mayor: Ms. Beard. 6 Ms. Beard: I believe um, we have not had a chance to get together on that but uh, we have been discussing it, different factions and I’m wondering if I could get with you in reference to those and in reference to the TEA grant. Mr. Cheek: Ms. Beard, as one of the authors of the TEA grant in helping reshape and get that, I think that’s a very small token to ask and turn the remainder of it over to all the other third level work. Mr. Mayor: Ms. Beard, are you opposing them being placed on consent? Ms. Beard: Yes, I am. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: I think we can add 16. Mr. Mayor: Okay. Mr. Grantham: Is that item 16? Mr. Mayor: Sixteen. Mr. Mayor: Do we have any more items to be added to the consent agenda? Mr. Williams: Mr. Mayor, could the clerk read back those items? Mr. Mayor: Yes, sir, Mr. Williams, we will get her to read them back. Madame Clerk. The Clerk: Consent agenda consists of items 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15, 16. Mr. Mayor: Commissioner Hatney. Mr. Hatney: If it pleases the other Commissioners I think we can add 20 also. Mr. Mayor: Item 20? Is that good with everybody? Mr. Cheek: The only thing on item 20, Mr. Mayor, is Item 20, we need to set a time table um, on that of no more than 2 months to make a recommendation. Mr. Mayor: Okay, would you --- Commissioner Grantham. Mr. Grantham: Why can’t the resolution so state that --- Mr. Cheek: As long as that language is included. Mr. Brigham: You know we need to put that in there. Mr. Mayor: Okay, added to the consent agenda along with that language. 7 Mr. Cheek: And on that, Mr. Mayor --- Mr. Mayor: Commissioner Cheek. Mr. Cheek: --- in the past two years we’ve had four major collapses in this area to delay any type of repair on this area for any reason is institutional neglect and this commission may have to take it in hand and correct those problems as we did with the diversion dam. Mr. Mayor: Okay. Thank you, Mr. Cheek. Mr. Smith, did you? Mr. Smith: Yes, sir. I wanted to mention. Did uh, Mr. Cheek --- Mr. Cheek: Yes, sir. Mr. Smith: --- bring up 17, 18 and 19. Did you add that? Mr. Mayor: He asked to add 18 and 19 not 17 but Ms. Beard wanted to discuss 18 and 19. Mr. Smith: Okay. Mr. Mayor: Okay, Madame Clerk, I think we’ve read through them. Everybody good with --- The Clerk: Are we adding 20? Mr. Brigham: Do you want to check for objections on alcohol? Mr. Mayor: Yes. Okay, Madame Clerk. The Clerk: I’ll read those. Mr. Mayor: Maybe we need to read those. Okay. Do we have any objectors? The Clerk: I’m going to call the petitions for the record and then we’ll ask. Item 3. For a retail package Beer & Wine license to be used in connection with C & J Market located at 1565 Fifteenth Street. Item 4. Is for a retail package Beer & Wine license to be used in connection with the Coliseum located at 801 Walton Way. Item 5. Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with the 3020 Restaurant & Lounge located at 3054 Damascus Road. Item 6. A retail package Beer & Wine license to be used in connection with One Stop Convenience Store located at 2382 Barton Chapel Road. Item 7. Is for an on premise consumption Beer & Wine license to be used in connection with The Grill at Forest Hills located at 1500 Comfort Road. Sunday sales. The Clerk: Are there any objectors to those alcohol petitions? 8 Mr. Mayor: None noted. I would look for a motion to - and Reverend Hatney abstaining. CONSENT AGENDA PETITIONS AND COMMUNICATIONS 1. Motion to approve the minutes of the regular meeting of the Augusta Commission held March 20, 2007. PUBLIC SERVICES 2. Approve Professional Services Agreement – General Advisory Airport Consulting Services Agreement with Moroney & Associates. 3. New Ownership Application: A.N. 07-13: A request by Kwi Suk Han for a retail package Beer & Wine license to be used in connection with C&J Market located at 1565 Fifteenth St. District 2. Super District 9. 4. New Ownership Application: A.N. 07-14: A request by Kyung R. Han for a retail package Beer & Wine license to be used in connection with Coliseum located at 801 Walton Way. District 1. Super District 9. 5. New Ownership Application: A.N. 07-15: A request by Linda Jones for an on premise consumption Liquor, Beer & Wine license to be used in connection with the 3020 Restaurant & Lounge located at 3053 Damascus Rd. There will be Dance. District 5. Super District 9. 6. New Ownership Application: A.N. 07-12: A request by Im S. Yu for a retail package Beer & Wine license to be sued in connection with One Stop Convenience Store located at 2382 Barton Chapel Rd. District 5. Super District 9. 7. New Ownership Application: A.N. 07-16: A request by Bradley Usry for an on premise consumption Beer & Wine license to be used in connection with The Grill at Forest Hills located at 1500 Comfort Rd. There will be Sunday Sales. District 5. Super District 10. 8. Approve Terminal Area Improvements Change Order No. 13 – Concessions Up-fit for non-secure area. ADMINISTRATIVE SERVICES 9. Approve Resolution designating the week of April 9-April 15, 2007 in observance of National Community Development Week. ENGINEERING SERVICES 11. Approve Water Line Agreement to construct a 16” water line and 8” water line along Powell Rd. and Old Gordon highway to serve Willhaven and additional growth in the Upper Butler area. 14. 1) Approve award to Eagle Utility for emergency contract to repair the Laney Walker nd 24” sewer line between 2 Street to East Boundary in the amount of $964,341.00. 2) Approve and ratify the actions of AUD in directing Blair Construction to perform point repairs to the Laney Walker 24” sewer line in the amount of $63,348.20, for a total repair cost of $1,027,689.20 for both items. 15. Approve additional funding in the amount of $136,187.60 for the 12” water line relocation along Hwy. 25, in conjunction with the GADOT, Peach Orchard Road Widening Project. PETITIONS AND COMMUNICATONS 9 16. Consider a request from the Georgia Youth Advocate Program, Inc. for a Letter of Consent to be a direct recipient of grant funds from the Georgia Children and Youth Coordinating Council. OTHER BUSINESS 20. Resolution of Support to the Georgia Department of Transportation Board of Directors requesting the transfer of TEA grant from Depot Project to the Canal Authority. (Requested by Commissioner Andy Cheek) Mr. Williams: So moved, Mr. Mayor. Mr. Holland: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Hatney abstains. Mr. Cheek out. Motion carries 8-1. [Items 3-7] Mr. Cheek out. Motion carries 9-0. [Items 1-2, 8, 9, 11, 14-16] Ms. Beard votes No. Mr. Grantham out. Motion carries 8-1. [Item 20] Mr. Mayor: And, Madame Clerk, I believe we had a couple potential additions? The Clerk: Yes, sir, we did. Have a request to add for our Addendum Agenda approve an Intergovernmental Agreement for the D’Antignac Street Drainage Improvements for expedited funding and construction and to receive a recommendation to adjust level of transfers and related budgets for the 2006 to more accurately reflect amounts necessary. Mr. Brigham: So moved. Mr. Cheek: Second. Mr. Mayor: Can we get unanimous consent? We have a motion and a second. Is there any further discussion? Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: Can we, can we go on and approve at least the one on D’Antignac property at the same time? Mr. Williams: I thought we was adding? 10 Mr. Mayor: No, we’re adding right now --- Mr. Brigham: Okay. Mr. Mayor: --- we’ll take that one up first. Mr. Brigham: That’d be good. Mr. Williams: That’s the only thing we’re adding, Madame Clerk? The Clerk: We’re adding the request from the Finance Committee regarding the budget, the 2006 budget. Mr. Mayor: And the Intergovernmental Agreement. Mr. Williams: We’re adding, okay. Mr. Mayor: Okay. Commissioners will now vote by the usual sign. Motion carries 10-0. The Clerk: ADDENDUM 23. Approve an Intergovernmental Agreement for the D’Antignac Street Drainage Improvements for expedited funding and construction. (Approved by Richmond County Hospital Authority Board on March 22, 2007) Mr. Mayor: Commissioner Smith, I believe this one’s got your name on it? Mr. Smith: Which one is that? The Clerk: On the addendum agenda. Mr. Smith: Oh, I’m sorry. Mr. Mayor: The D’Antignac Street. Mr. Smith: Oh, yes, thank you. This is something we’ve been trying to work on for the last couple of years concerning, when we have a real trash moving rain that it fills up the front end of the hospital where you can’t get in or out and this is something that we didn’t have the money to fund and University Hospital has agreed to fund this and us pay them back when the SPLOST money comes in. And I think it’s a win, win thing for all of us and I would certainly move that we would approve that. Mr. Cheek: Second. Mr. Mayor: Okay, we have a motion and a second. Commissioner Williams. 11 Mr. Williams: Thank you, Mr. Mayor. I’m in support as well and I think all of us would love to see that when the rain comes it doesn’t prevent or stop us from going into. But before we commit taxpayer’s money shouldn’t we know a dollar amount associated with this versus then having them repay us for work that they’re going to do and how much work would be done. When you’re talking about drainage work when you’re talking about doing uh, well that’s, and y’all know when you vote on a agenda item and then you got all the changes associated with that it ought to be limited to. We can’t just say well we’re going to pay them back for the work to be done. Now in fact we ought to be doing the work ourselves probably but what’s the limitation I guess is what’s going to stop at, Abie, how can we keep a range on this how can be not let this get out of the box when we say, and I’m in support I think we need to do something. But I want to make sure when we spend taxpayer’s money we’re going to spend it wisely and not going to have people to come in whose been doing work, the same folks going to do this work on D’Antignac, are the same folk that have been working in Augusta for 49 years. They’ve been knowing what’s down there already. But when you come back and change all this for another half million to a million dollars then we end up paying it, I don’t think that’s right. I think we got to have a gate there or some kind, Mr. Mayor. Mr. Mayor: Mr. Ladson. Mr. Ladson: On this particular project the funds were already allocated on this project, SPLOST funds and PHASE 5 and um, the um, what’s happening here is that there, we won’t be able to move as quick. We would actually do the project but we won’t be able to move as quick as University Hospital. So that’s where this agreement came in where they can actually go in and actually get the project done a whole lot faster than we can and then we would reimburse them. We have SPLOST funds for that. Mr. Mayor: And the monies that we have to expend on the project are the SPLOST funds that are dedicated. Mr. Ladson: That’s correct. Mr. Mayor: We’re limited by the amount. That amount. Mr. Ladson: That’s correct. Mr. Mayor: Okay. Commissioner Williams. Mr. Williams: Yes, sir, Mr. Mayor. Now you’re saying we’re limited to that amount. Uh, I’m still a little bit confused because, we’ve got items in now we’re voting on, we done vote on that we’re going to come back with a change order and if we’re limited to that amount than we’re not going to spend anymore. But when the people done open the ground up and start to proceed with the work and then we need some more we got to find the money somewhere. So I want to know what cap is going to be put on. How can we be reassured that we’re going to spend what we’re designating. And I got no problem. We got to repay them. But when other folk get to doing work in front of their facility whether it be the hospital or your house you’re going to do it to the best of your knowledge. You’re going to make sure that every “t” is dotted, and you rightly should. But it may run into more money. How can we prevent that? 12 Mr. Mayor: Mr. Ladson. Mr. Ladson: The actual contract is going to be, the initial contract is going to be between University Hospital and the contractor. Mr. Williams: I understand. Mr. Ladson: Whatever expense they incur, um, I mean and our price is normally on that is probably, will be on the high side for that project. So I mean, yeah, I mean I can’t really say that we won’t have any issues out there. I mean I can’t guarantee that. Mr. Mayor: But, Mr. Ladson, is your recommendation to go ahead and approve this? Mr. Ladson: Yeah, I mean as far as with time, I mean I would recommend that we approve that. Mr. Mayor: Okay. Commissioner Beard, I think you --- Ms. Beard: That would be my recommendation too and I think when they spoke they said the city would be in charge of the project. Mr. Ladson: We would actually --- Ms. Beard: The actual work. Mr. Ladson: --- be out there inspecting the project and funds would actually come through University Hospital initially and then we would reimburse University Hospital. Mr. Mayor: Mr. Bowles. Mr. Bowles: Yeah, I just make a motion to approve but I’d like to amend it to read that we would only, we can only fund what we have allocated for the project up to $1.6 million I believe is our allocation. Mr. Mayor: Mr. Bowles, that would have to be a substitute motion. We have a motion and a second currently on the floor. Mr. Bowles: Substitute motion then. Mr. Cheek: Second. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: The second to the last paragraph in Section 2 of the agreement states that the amount of the, well the paragraph is all that they will be expecting to collect from us. That’s already in the document. Mr. Mayor: Okay. 13 Mr. Hatney: It’s in the document. (UNINTELLIGIBLE) Mr. Bowles: My substitute motion will be to change it from the estimated to no more than $1.6 million. Mr. Mayor: Mr. Cheek, are you seconding that? Mr. Cheek: Yeah, I’m seconding and I have a question. Mr. Mayor: Okay. Commissioner Cheek. Mr. Cheek: Abie, where is this going to discharge and is going to impact um, what is it discharging into and do we have capacity downstream to handle the additional flow and after you answer that I have one more comment, Mr. Mayor. Mr. Mayor: Abie? Mr. Ladson: Oh, um gosh, I can’t remember the name of the creek but it’s the canal --- Ms. Beard: The --- canal Mr. Ladson: Yeah, it’s the --- canal that it’s going to discharge into. It’s going to run from where University Hospital is at down D’Antignac Street into the canal. Mr. Cheek: And this will conform to current clean water standards and those anticipated are not to distant future for total suspended solids and everything? It’s not going to get us in trouble downstream on the --- Mr. Ladson: No, sir. Mr. Cheek: Second thing, Mr. Mayor. Commissioner Mays, Chief Few, and myself took a ride during Tropical Depression Floyd one night when the streets in that area were three feet deep in water and the canal at that point was overflowing its bank in three places. One of the other additional backups for heavy rainfall events may be a necessity to put in a level indicator and some automated gates to reduce the amount of flow in there. It currently requires someone to drive thirty minutes from the pumping station to adjust those gates for flood conditions and it’s not always done in a timely fashion and that night there was several feet of water coming over the banks contributing to the problem. Mr. Mayor: Okay. We have a substitute motion and a second. Is there any further discussion? Commissioners will now vote by the substitute sign of voting. Mr. Smith: Mr. Mayor? Mr. Mayor: Commissioner Smith. Mr. Smith: Can we read that substitute motion? 14 The Clerk: The substitute motion was to approve the Intergovernmental Agreement with the Richmond County Hospital Authority in Augusta, Georgia in an amount not to exceed $1.6 million. Mr. Mayor: Okay. Commissioners will now vote by the substitute sign. Mr. Mayor: Magnanimous? The Clerk: Magnanimous. Motion carries 10-0. The Clerk: ADDENDUM 22. Motion to approve a recommendation to adjust level of transfers and related budgets for 2006 to more accurately reflect amounts necessary. Mr. Cheek: Move to approve. Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Mr. Cheek: I’d like to hear from the Administrator, Mr. Mayor. Mr. Mayor: Mr. Administrator. Mr. Russell: Very seldom do I actually get to say neat stuff and y’all going to give me two seconds to do that. Actually I’m going to introduce Donna. Let her go ahead and go over what we’ve done. We came to you earlier in the year and suggested some changes that would help balance the budget after we finish the year and close the books. We have some additional changes we’d like to make prior to turning the books over to the auditor. These are changes that they will tell us to make. It just makes things a whole lot cleaner if we go ahead and do that up front. She’ll brief you on that just for a second and share with you an unaudited and still unfinal but a perspective number of what we’ve got there. Unfinal, is that a word? Probably not. Mr. Mayor: I will say that I’ve never heard the word “neat” used in the course of conversation either. Ms. Williams. Ms. Williams: Thank you, sir. On the sheet in front of you, you have the list of recommendations from the Finance Department to adjust these transfers. These are transfers. The decreases are transfers that were not necessary during the year because the fund actually sustained itself to the level that assisting transfer was not necessary. The two increases there are for the funds that could not sustain their level of activity, which we had already briefed you on the status of the Transit Department earlier in the year. That transfer at the closing of our books wound up being substantially more than what we had anticipated unfortunately. But the good news as Mr. Russell said to you was that when you passed the original 2006 budget you anticipated using $4.8 million from you fund balance. Now that was after 2005 when we had to 15 use $5.9 million. We brought you some adjustments in August. You accepted those we went forward and I can tell you that the unaudited use of fund balance for 2006 was zero. We actually closed the books showing that the fund balance will increase for 2006 by $3.57 million. We’re very happy about that. Mr. Mayor: Reverend Hatney, did you hear that? Mr. Mayor: Okay. Fred. Mr. Russell: Mr. Mayor, you know there’s a lot of people in this room and outside this room that are responsible for that. Our department heads have worked very, very hard to follow the directions you gave us at the beginning of the year and that’s to increase the fund balance and they’ve done that. We’ve still got a long way to go as far as our discussions on the budget but I think we’ve shown a positive change and that’s about a $7 million swing over what we had last year. Mr. Mayor: Well, that is indeed good news. We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Good job, Donna, and good job, Fred, and all the department heads and everybody else involved. Mr. Cheek: Amen. Mr. Mayor: First or next agenda item. The Clerk: ENGINEERING SERVICES 10. Approve award of construction contract in the amount of $1,052,708.95 to Beam’s Construction Co. for the Tobacco Road 20” Water Main. Bid item #07-060. Mr. Speaker: The project is an addition of 8600 feet of 20” water main on the Tobacco Road corridor feeding the Morgan Road Pump station providing extra water supply to Fort Gordon and the Tobacco Road corridor in general. The project was low bid. Beam’s was the low th bid of about approximate $100,000 and the bid was opened February 27. Mr. Cheek: Move to approve. Mr. Grantham: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Mr. Williams: One question. Mr. Mayor: Commissioner Williams. 16 Mr. Williams: Uh, I’ve been looking at 24” pipes and 20” piping and can somebody tell me why we’re not going with a 24” since we’ve taken in the area of South Augusta plus Fort Gordon. Why is it going to be a 20” pipe? Should we not have more and not need it then to need more and not have it. Mr. Byne: To a point you can do that. But if you get a pipe that’s too large the pressures can get too low and you can end up with some water quality problems. The reason we did that was we looked at the main analysis on the system, the piping that is coming into that pump station currently is feeding the corridor there’s a 14 and a 16 already in place and so then we opted for the 20” pipe in order to keep the flows and the pressures and the water level in the system balanced. We did that based on some engineering analysis. The water model that we used in utilities and made that decision based on what we thought the 20” was sufficient to supply the area. Mr. Mayor: Okay. Commissioner Cheek. Mr. Cheek: This does take into account the growth in the fort, plain growth in the fort, utilities and --- Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Madame Clerk, next agenda item. The Clerk: ENGINEERING SERVICES 12. Motion to approve the termination of the CH2MHill’s contract and place OMI on notice that they are in breach of their contract. (Approved by Engineering Services Committee March 12, 2007) . Mr. Williams: So moved Mr. Mayor: Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. The agenda item reads motion to approve termination but the two groups have gotten together and I wanted to make the motion that we re- inspect the contract as originally written with the approval of Mr. Johnson who is in here with us and Mr. Larry Scott with CH2MHill to make sure that the contract is valid and I think it would be in order if they would stand up and state that things have come together, if that would be in order, Mr. Mayor. Mr. Mayor: I’ll recognize. We have a motion and a second. I’ll recognize both of these gentlemen. Commissioner Williams. 17 Mr. Williams: Thank you, Mr. Mayor. I heard my colleague but before, and the first thing I want to say is that this is a professional contract that was um, broken by the uh, the company. And if we don’t do something with this what’s going to happen to the next contract that’s uh, we put in place and ask these people to follow the guidelines and they break those contracts. I don’t know what has been worked out, we’ve been talking for a month and nothings been worked out and here we are now talking like everything is fine. We hadn’t seen anything. We wrote in that the government what we needed or what we thought was necessary, the company agreed, we agreed and we voted on it. Now we’re going to come back and say they done got together and it’s like a bad marriage and I’ve been in one of those so I can speak on it. You, you leaving it up to the two parties and then when you leave then here they are again and we don’t know what was said. We just went back and approved it. First of all I say again, this is a situation where the contract was violated, we’re professional, they were professionals they did not do what was, what they agreed to do according to the contract and if we don’t do something with this contract what’s going to happen when the next time another comes in. We’re going to say you go back and work it out again. We might not want to put those things in place. We wasted a lot of time negotiating, talking back and forth to put those things in place. We always as a government stand up to our word as to what we agree to and what we say we’ll do. We’ve always done that and we’ll always do that. But each time we be taken advantage of by some group or some agency who think they can do exactly like they want to do and I’m really disappointed. I’ve got no problem with the work. This is nothing about work but you’re talking about a contract that was put in place that was supposed to not be tampered with, not be touched unless we agreed. Two days after we approved it they turned around and eliminated. Now I don’t know about Mr. Johnson, I hadn’t talked with him about what’s been taken place. But I’m going to make a motion we table this, Mr. Mayor, until we can at least find out what’s been put on paper. I don’t know what’s been done. I just hear. Mr. Mayor: Okay. Are you making a substitute motion? . Mr. Williams: Yes sir, a substitute motion to table. A tabled motion is non-debatable Mr. Holland: I’ll second that, Mr. Mayor. Mr. Mayor: Okay. Commissioner Cheek first and then Ms. Beard and then I’d like to hear from Mr. Johnson and Mr. Scott. Mr. Cheek: I believe once the motion’s been tabled, debate is suspended until it’s been brought back on the table. Mr. Mayor: Okay. Mr. Cheek: So I’d like to be, I’d like to reserve --- Mr. Mayor: Commissioner Grantham. Mr. Grantham: How are we going to get some answers regarding the issues if it’s tabled and we’re not going to let Mr. Johnson or anyone to talk to us? Mr. Brigham: Let’s just call a new vote. 18 Mr. Cheek: I make a motion to pull the item off the table. Mr. Grantham: It hasn’t been on the table yet. Mr. Williams: And Mr. Mayor, we did the same thing last meeting and we went outside and talked. Some folks got here together --- Mr. Grantham: Let’s go outside right now. Mr. Williams: Well, I don’t need to go outside. I’m inside. I don’t need to go outside. Mr. Mayor: Everybody calm down, calm down. Okay, Mr. Parliamentarian, the agenda item has been tabled. What would be parliamentary procedure to reopen the agenda item to hear from the two parties involved in order to --- Mr. Brigham: Mr. Mayor, I believe we have to take a vote on whether or not the items been tabled. Mr. Mayor: Tabling is --- Mr. Shepard: The motion to table could be resolved. Mr. Mayor: Okay. Mr. Williams: We ain’t got to worry about that. Mr. Brigham: But it’s not tabled until we take a vote to table. Mr. Mayor: Okay, we have not had a vote to table. Ms. Beard: You don’t have to have a vote. Mr. Mayor: Mr. Parliamentarian you’re --- okay, I think everybody wants to get the situation handled. I believe that the chair has the ability to recognize any parties to speak to an issue. Mr. Brigham: Mr. Mayor, I’m requesting --- Mr. Mayor: Mr. Brigham. Mr. Brigham: --- to put back on the agenda the motion to table. I believe that it’s a non- debatable motion and I believe we have to vote on it, up or down. Mr. Mayor: Okay. Mr. Williams: If it’s non-debatable then why are you opposed? Mr. Cheek: I think we missed --- 19 Mr. Mayor: Commissioner Cheek. Mr. Cheek: The only course of action at this point would be a motion to pull it from the table, which would be voted on. Motion to table is non-debatable and --- Mr. Brigham: It still requires --- Mr. Mayor: Okay. Do we have a motion to remove it from the table so that we can reopen discussion and we can hear from the two parties involved? Mr. Brigham: So moved. Mr. Grantham: Second. Mr. Mayor: Okay. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Brigham: On what motion? Mr. Mayor: On the motion to remove from the table so that we can reopen the agenda item and hear from the two parties involved. Mr. Williams votes No. Mr. Harper and Mr. Holland not voting. Motion carries 7-1. Mr. Mayor: Okay, first of all I would like to recognize Mr. Johnson. And if you, not that we don’t know you, but if you could state your name and address for the record, please, sir. Mr. Johnson: Good afternoon. My name is Anthony Johnson and I reside at 2100 Lincastle Court, Duluth, Georgia 30097. Mr. Mayor: Okay. And, Mr. Johnson, you have brought this issue before this commission several times before but has the agreement that’s been worked out? Because I believe the direction was given at the last commission meeting for CH2MHill and you to resolve the issue between you as an individual party and an employee and the company. Has that been resolved to your satisfaction? Mr. Johnson: Yes, Mr. Mayor, we had a break through about eight o’clock last night where we came to terms on me being reinstated as a full-time employee. Mr. Mayor: Okay. Mr. Johnson: I’m comfortable with the terms of the language of the contract. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: Is there any documentation to that fact? 20 Mr. Johnson: Yes, sir. Mr. Hatney: I’d like to see that, please. Mr. Mayor: Okay. Is there, do we have any documentation that the --- you’d like to see that now Reverend Hatney? Mr. Hatney: (INAUDIBLE) Mr. Mayor: Do we have anything that can be put in front of the commission? Mr. Cheek: Other than the man making the comments himself --- Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, I wanted to go back and discuss what I planned earlier but other than the man himself standing before us giving testimony, what more proof do we need? I’m going to say just this, Mr. Mayor. In my tenure, in my recollection as a citizen of Augusta all my life and reviewing history, the most comprehensive rework of the city’s water system is occurring as we speak. We are three quarters of the way through a half-billion dollar capital improvement program the likes of which has never been seen in this city. CH2MHill has managed that and brought a quality program to our utilities department, which needs to be spread throughout our entire city. Their work is above reproach in that respect. I agree with my colleagues and the thing that happened to this young man, one of the finest young men in corporate representatives I’ve ever seen since I’ve worked here or anywhere else and I’m glad that it’s worked out. It needed to never have occurred. And I also see OMI’s name on here. Mr. Mayor, in the history of this city’s operation of the Messerly plant it may be conformed one or two months to the clean water act and we we’re under court order and consent order ever since. Ever since OMI’s been out there I think we’re going on two years now conformance to clean water act, we as a body should be the most proud of our achievements with the water system and the sewer system. These are two things we don’t need to mess with. This is the fourth quarter of the game. We need to play it to win and get down with this as we promised the citizens, which we’ve done to date. Um, I don’t disagree with some of the things mentioned on the floor but conformance to the Clean Water Act and completion of the capital improvement programs that we’ve instituted need to be looked at as seriously as we have to date and follow through with and I hope the will of this body will be to do that. Mr. Mayor: Okay. Mr. Cheek: Not mess with our wastewater treatment plant and its operator. It’s done a great job. Mr. Mayor: Okay. Commissioner Williams, I will hear from you and then I would like to hear from Mr. Scott as well. Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. And I agree with Commissioner Cheek on his statement about the work and the quality of work. We haven’t questioned that, not one time. But this organization should’ve thought of that when they took in writing and changed what was in writing. Here we’re talking about verbal. We haven’t seen anything and I for one as an 21 elected official would like to see what’s been put down versus what’s somebody’s saying. Now I don’t mind hearing from Mr. Scott but the man himself standing here but he had no authority cause if he had the authority he wouldn’t be here in the first place. It wasn’t his call to make that. So this firm doing the great work ought to realize how much great money this, this city this government has paid them as well. They have done some good work but we paid them good money for that and I think any firm that make the money they made would’ve done great work. But I think it’s really a slap in the face for this government to think that we can put down in writing a contract, what we want and then they turn around two days later and just change it blatantly in our faces. And I think that’s a message we need to send not only to this company but any company that working for this government. That’s my comment, Mr. Mayor. Mr. Mayor: Okay. Ms. Beard: Mr. Mayor. Mr. Mayor: Ms. Beard. Ms. Beard: I’d just like to say on last week I did receive a copy of what had taken place at that time where they were. It was not complete but they had moved forward. Now on yesterday evening around eight o’clock Mr. Johnson called and said everything had been worked out. And I thought that was wonderful. I mean because the city needs to move on. And then this morning I had a note on my desk, Tony is now a full time employee and everything is back on track. Mr. Mayor: Okay. Ms. Beard: I’m hopeful we can move forward. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: Mr. Mayor, I have every intention we can move forward also but my concern is, is that the same young man stood before us on a Tuesday and this contract was breached on a Friday, the same week and I have some problems with anybody considering the fact I think this is wrong to want to see the documentation that put this back active because this same young man stood right there when we approved the extension on the contract, that Friday he was fired. And I appreciate him coming, I appreciate him coming but I want to see the document. I can approve this pending the document. I don’t have no problem with that but he said to me, he’s been satisfied. That’s my ambition, that’s what I’ll decide but I want to see that in writing. Mr. Mayor: Okay. Would you like to make a motion to that effect? Ms. Beard: What does he have in that document? Mr. Mayor: Is there a signed document? Mr. Hatney: Do you have a signed document that we can get? 22 Mr. Johnson: I have it in my automobile. I don’t have it. I can go get it. The other thing in the signed contract there is a confidentiality clause. I don’t --- Mr. Hatney: We’ve got to have something. Mr. Johnson: Okay. Mr. Hatney: We’ve go to have something that states that this has been done. Mr. Johnson: Okay. Mr. Hatney: We don’t need the confidentiality question. We need something because you can’t reinstate someone without nothing. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Mr. Mayor, I think we’re digging a little deeper than we should because our signed contract indicates that a certain individual would be on the job site to assist in doing our work. That individual was Mr. Johnson and Mr. Johnson was removed after the breach and as Mr. Johnson has been reinstated back into that position, the contract should go back to its normal writing situation. We do not need to delve into the fact that what Mr. Johnson negotiated as far as his employability. If he tells us he has been satisfied and we have been satisfied with his name in our contract that he will perform the duties that he’s done in the past then we need to move forward. If any individual wants to see that documentation than I think it’s a credit to Mr. Johnson and offer it to him. Mr. Mayor: Would you like to make a motion? Mr. Grantham: I’ll make a motion --- Mr. Bowles: We’ve got a motion. Mr. Grantham: --- the contract as originally written and that Mr., --- motion I’ll second it and then if other parties want to get that information from Mr. Johnson. That does not need to be a part of that documentation. Mr. Mayor: Okay. Commissioner Smith. Mr. Smith: Mr. Grantham --- Mr. Mayor: Do we have a second for that motion? Mr. Cheek: Second. Mr. Mayor: Okay. Mr. Smith: Mr. Grantham brought out what I was going to bring out. My motion was to reinstate the original contract as written with the approval of the two gentlemen. 23 Mr. Mayor: Okay. We have a motion and a second. I believe this has been adequately discussed for a vote. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Hatney: Read the motion. Mr. Mayor: Madame Clerk: Mr. Hatney: To make sure we’re voting on the right stuff. Read the motion. The Clerk: Yes, sir, it was to approve the reinstatement of the original contract with CH2MHill subject to the approval of Tony Johnson, Larry Scott and that his employment documentation be confidential and be made available to any member of the commission that requests it. So that motion carries. Mr. Williams votes No. Mr. Harper and Mr. Holland not voting. Motion carries 7-1. Mr. Mayor: Thank you, Mr. Johnson. Next agenda item. The Clerk: ENGINEERING SERVICES 13. Authorize execution of the lighting agreement with the Georgia Department of Transportation (GDOT) for the I-20 and Washington Road (SR 28) interchange. The estimated annual cost of $70,000 to cover operations and maintenance will be funded from Street Light account 276041610/53.12310. Mr. Brigham: So moved. Mr. Cheek: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Mr. Cheek. Mr. Cheek: Mr. Mayor, this is a question that’s somewhat rhetorical in nature but when in the world are we going to get the lights turned on at Highway 56 and Bobby Jones? They’ve been hanging there for almost a year now and they’re all up --- Mr. Mayor: Let’s address this agenda item first. Commissioner Williams. Mr. Williams: Yes, Mr. Mayor, I was looking at the estimated annual costs was going to be $70,000. Is that, I mean would the power company, can we say it’s going to be that? I mean how do we know? I see the real Georgia Power sitting over there in the chair now, I got somebody I could refer to if I need to but what, how can we say that’s it going to be $70,000 per year for the lighting for that? Mr. Mayor: Mr. Ladson. 24 Mr. Ladson: It’s a, that’s an estimate that came from GDOT and normally how they probably do those is based on, on historical um, data on basically how um, lights on the course of previous lights, past lights and so they probably based those off of that. Those lights are actually put at interchanges and you normally have about four or five of them in a higher mass and so you know they probably what they did was probably based it off of that. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, can I ask Mr. Ladson if there’s any difference in the cost of this and the lights? How much light’s made, lighting and projected at Tobacco Road and Deans Bridge Road or at Highway 56 and Bobby Jones that aren’t up yet. Are the projected costs the same for all of them? Mr. Mayor: Mr. Ladson. Mr. Ladson: Well, the projected costs may have changed. It’s probably going to change cause actually, especially the one at 56 because it’s been so long since that lighting agreement has been signed. Mr. Brigham: But we got to pay the lighting what ever it is no matter what, anyway. Mr. Ladson: That’s correct and that’s coming out of a revenue-generated account so we would basically have to adjust our fees. Mr. Brigham: Thank you. Mr. Mayor: Okay, we have a motion and a second. Is there any further discussion? Commissioner will now vote by the usual sign. Mr. Grantham and Mr. Holland out. Motion carries 8-0. Mr. Mayor: Next agenda item? The Clerk: OTHER BUSINESS 17. Update from administration on the clearing of the second and third levels of the canal. (Requested by Commissioner Andy Cheek) Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, the reason this is on this it’s been an extended period since this was voted on and approved. We’re having an awful lot of problems with crime and basically homeless camps down in that area with gang activity and theft and vandalism occurring at businesses in that area. There’s a tremendous amount of interest in the cleanup and securing of that waterway for recreational use. One of the things I wanted to ask and get approval from this body is if we’re able to apart from using city services we’re able to get a volunteer initiative 25 started, would we be able to perhaps clear that area and pile it on the banks and have city forces at least haul it away for us? Mr. Mayor: Mr. Sherrouse. Mr. Sherrouse: Thank you, Mr. Mayor. One of the problems, as you know, we started last year trying to get an inmate crew set up dedicated exclusively for maintenance on the canal, not just the second and third but all three levels. After a considerable effort last year that was finally approved and the crew got started in the fall and was working great and only to find out in January that the officer that had been hired to supervise the inmate crew could not get certified. So he had to be let go so there’s been no crew since January because of the lack of a certifiable, certified officer. Mr. Leverett is here. I talked to him yesterday. He has been interviewing officers and he tells me that within the next two to three weeks an officer will be on board and will have the crew back in place again and we’ll continue the work on the second and third level. They’ve started on the second level across from Enterprise and was doing great work there until, as I said the officer had to be let go. Mr. Mayor: Commissioner Cheek. Mr. Cheek: I guess than does anybody have a problem with us doing it and, Dayton, of course we can coordinate through your authority a volunteer day. River keepers and several other people have expressed an interest in going in and helping pull the tires out, the refrigerators and all the other stuff that’s down in there. Mr. Sherrouse: We just had one two weeks ago. We did not concentrate on the lower end of the canal we concentrated on the first level, Lake Olmstead, Warren Lake and we had over 200 volunteers and uh, we’ve really gotten lucky with getting a cadre of individuals from Fort Gordon that need to perform community service as a part of their position out there so we can coordinate additional cleanup days like that one and that particular one I think we collected over like 200 tires or something like to that affect. But yes we can certainly do that in terms of organizing additional volunteer cleanup efforts. Mr. Mayor: Okay, and Andy I would just say that I was out at Fort Gordon today with General Strong and he made reference to the fact that the fort wants to partner with the community, that they’ve received so much support that anytime we want to call on them for volunteer efforts they’re happy to help. Commissioner Beard. Ms. Beard: When will the water begin to flow in the third level? Mr. Sherrouse: It ought to be very shortly. The contractor’s finishing up the bridge work at uh, on Eighth Street in the third level and the bridge on, the Callahan Bridge on Walton Way over the third level and just as soon as that work is completed we’ll close the gate down near th King Street and close the one there at 13 and uh, start re-watering it to the level that we have always planned to put the water back in covering up the, those low concrete walls you see. Ms. Beard: Okay. Mr. Mayor: Commissioner Cheek: 26 Mr. Cheek: Just to follow up, Mr. Mayor, on that. Do we plan to clean the sediment and trash out of the area, near the mill down near Phinizy ditch or whatever, what’s the name of the, the ditch that runs down towards the fair grounds? Down on that end near the gates there’s several inches of sediment that has accumulated as well as a lot of trash. Are we planning on cleaning that up before we water it? Mr. Sherrouse: The part we will be re-watering will be only from King Street. King thth Street is roughly midway between 7 and 8 which is the high point of the canal and we have a dam there built as a part of the reason efforts was a gate structure so that the re-watering will occur from King northward back up toward Davison Fine Arts School, up that way. That lower end is primarily, not primarily it’s exclusively drained so if there’s sediment in there to be cleaned out, really it becomes --- Mr. Cheek: It’s north of --- Mr. Sherrouse: --- a public works or maintenance issue Mr. Cheek: So this is north of the gates and if we need to get Public Works to clean it, but this is north of the gates on the end of the third level the new concrete area. Mr. Sherrouse: Okay, we’ll take a look at it before we do it. Mr. Mayor: Okay. Commissioner Beard. Ms. Beard: I don’t know where King Street is. Mr. Sherrouse: Pardon me. th Ms. Beard: King Street. What you were saying, the lower level will not, in the 7 Street area will not have water? thth Mr. Sherrouse: The water will dam up behind that structure behind 7 and 8 Street. ththth That, the purpose of putting that there is to dam it up to push it back up toward uh, 7, 8, 9, th 10. Going in that direction. Ms. Beard: (UNITELLLIGIBLE) Mr. Sherrouse: From that point toward Phinizy Swamp is uh, the drainage drops going in that direction. Mr. Mayor: From the mill back on towards Enterprise Mill will be water. Mr. Sherrouse: Right. th Ms. Beard: From 7 Street then? th Mr. Sherrouse: Well actually from just short of 7 Street where that gate structure is built across the canal right, just at the back side of Southern Milling Company. 27 Ms. Beard: I’m saying I think that’s important because we’re talking about the TEA grant and um, our first priority really was to try to secure funds for um, the Old Southern Milling Company and if it isn’t going to be a beautiful area you understand, uh --- Mr. Sherrouse: Well you’ll have, once those gates are closed you’ll have water flowing over that structure flowing by the Southern Milling Company property. It just won’t be pooled up as much as it will be north of the gate structure. Mr. Mayor: Okay. Ms. Beard: I think I understand. Mr. Mayor: Do we need a motion to receive this as information? Mr. Cheek: So moved. Mr. Mayor: We have a motion. Is there a second? Ms. Beard: Second. Mr. Mayor: If there’s no further discussion commissioners will now vote by the usual sign. Mr. Grantham and Mr. Harper out. Motion carries 8-0. Mr. Mayor: Next agenda item Madame Clerk. The Clerk: OTHER BUSINESS 19. Adopt a Resolution requesting the Augusta Canal Authority use grant funds from the Depot Project for the Third Level Canal Improvements and $50,000 of the grant for a feasibility and engineering study for white water course on the second and third level of the canal. (Requested by Commissioner Andy Cheek. Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, this is, what I’m asking for here is an amount to do a feasibility study on the second level and then the third level towards Hawks Gully to facilitate a water recreation, white water type course for that area. We’re literally a couple of obstructions away from having a usable waterway way now if we remove the trash and tree limbs. As the person who went down and discovered the disrepair in the Deport, who worked to initiate the grant, I think this a very small amount to ask for, for this project. I would remind the body that without some of the initiatives put forth by this commission and this commissioner we would not have this money to be even talking about today. So this is a very small amount, it is a project that has tremendous interest and has for over two decades of developing this white water course in this city and so if we are able to get the funds transferred I’m asking that we relocate $50,000 of that 28 nearly half-million dollars to that project and I hope the body, the will of the body is to do that in order for us to develop this course which we have the ditch, we have the water and everything else in place to do that with a clearance of a couple of obstructions we have a usable waterway we have to have this study in place for the next sales tax in order to enhance and improve that to make it a literally world class venue in the City of Augusta. This by the way, Mr. Mayor, will take nearly a mile and a quarter of waterfront. It is now a neglected junkyard and turn it into some of the most beautiful waterfront that we have and it is in the heart of the city. Mr. Mayor: Okay. Mr. Cheek: I’m going to make a motion to that effect . Ms Beard: Second. Mr. Mayor: Okay, we have a motion and a second. Ms. Beard. Ms. Beard: Mr. Mayor, I want you to know I support a white water rafting. I think it would be great for the city but I want to remind you um, we’ve had the third level task force of, with an extensive committee and chairing the committee was Dayton and Charles DeVaney. Now we had a meeting about a week before Mr. DeVaney passed and that meeting was at the Southern Milling Company and we stated that our top priority would be trying to save that building so that it would anchor the third level of the canal. Since that time we have been talking with people with, at the Transportation Department and they feel that it can be used for that and they’re also seeking more funds for that area and uh, I just want you to know that that is where we are at this time. Mr. Mayor: Okay. Is there any further discussion? We have a motion and a second. If there’s no further discussion --- Ms. Beard: What was the motion and second again? Mr. Mayor: It’s to approve. Ms. Beard: Well, I would have to make a substitute motion to disapprove it. Mr. Mayor: Okay. Is there --- Ms. Beard: Because we have uh, we’ve moved to far to change at this point. Mr. Mayor: Is there a second on the substitute motion? Ms. Beard: There is no second when we’ve done all of this work of the third level of the canal? Mr. Mayor: Commissioner Hatney. Ms. Beard: Please. Mr. Hatney: What would this do to the third level? What would it take away from it? 29 Mr. Cheek: We wouldn’t have the money if we didn’t work on it. Mr. Hatney: (UNINTELLIGIBLE) Mr. Mayor: I’d like to hear from Mr. Sherrouse on that. Mr. Sherrouse: Okay, first of all we talked about the improvements, maybe a point of order is, DOT has to reallocate the funds. You can’t do it. You can request that they reallocate them for projects but the grant is not to the City of Augusta the grant if for the DDA and as far as I know the DDA doesn’t plan on notifying the state that they’re not going to use it until that property is sold. While it’s under contract it’s not sold yet and I think they’re intention is to hold that grant until they know for sure that the property is sold which will, you won’t know that until the check changes hands so to speak. So as far as I know it’s going to hang out there until that happens which y’all probably know about that than I do because I think that’s going to be, it’s not going to be a fast process I don’t think. Specifically to answer Commissioner Hatney’s questions, the improvements that we envision doing there are a wide range of projects, all the way from, we had included in there the acquisition and the redevelopment of the Southern Milling property to anchor that end of the canal, that is the third level. But also to do a whole series of improvements along the third level such as biking, pedestrian trails, picnic benches, tables, lighting, landscaping and things of that nature all along the third level of the canal to really upgrade those neighborhoods that abut the canal to, to compliment all the residential, new residential construction and rehab that’s going down, going on currently on that end of the town adjacent to um, adjacent to the canal. One of our other long range projects is Commissioner Cheek has talked about is the development of a kayak course and of course again uh, you know whether DOT would allow money to be used for that purpose, I’m not sure it’s eligible but you know, you can always ask for it. Mr. Hatney: The reason why, this is not taking anything away from the third level money --- Mr. Sherrouse: I don’t think so and I don’t think the motion would go against what Commissioner Beard is asking for unless I’ve misunderstood something that transpired here. Ms. Beard: Would they --- excuse me. Mr. Mayor: Commissioner Beard. Ms. Beard: You see, I know you’re basically dealing with those things that take effect on thth the canal. When I think about it I’m thinking about 7 Street to Laney Walker to 12 Street to Telfair and all of the other different type projects we’re looking at and I’m looking at a building that if we don’t do something with now will not be standing very long and I know the progress we have had and I am of the opinion we could pull $50,000 from another source and allow this to move in the direction that we are going because hopefully, hopefully that amount soon will be doubled. But we’re serious about what we’re trying to do and we’re trying to make a difference and uh, Mr. Mayor, I think you said you would be working closely with us. Mr. Mayor: And yes, ma’am, I am but let me just recap something that Mr. Sherrouse just said. These, every, all of this is subject to approval by the DOT and so this is not, we don’t 30 have control over these funds to move these funds so this is just showing approval of it but I think also something that Mr. Sherrouse said that until the pension property closes the grant is still focused on, it’s not going to be moved to any other project until that property closes. Ms. Beard: Key sources, I’m sorry. Mr. Mayor: Well but, but once again I think we’re spending a good time talking about something that you know, here again we don’t have control over the funds at this point and I think that if ultimately if you and Mr. Cheek will get together you’ll find that you’re working towards the same goal, is my opinion. Mr. Cheek, and I think I’ve --- Mr. Cheek: Thank you, Mr. Mayor. That has always been the case but the thing about this is with these particular initiatives that are here today, this puts us in a position to move forward without the one to two months lag on initiatives that come before us when the pension property is gone we will already be in support of and on record as showing that these are the types of things that we wanted to do. It’s just basically a process. It’s an efficient process to get it in the queue rather that wait for all of these months. And if we can secure $50,000 for this than we can secure, take this $50,000 and secure it and move $50,000 additional dollars to the mill or whatever or somewhere else. Mr. Mayor: Okay and prior to recognizing Ms. Beard I think that this is a good example where had this gone, this agenda item gone through Finance Committee the discussions could have been held there and worked out rather than working them out in the room. Ms. Beard. Ms. Beard: I should add that uh, the Downtown Development Authority has been working very close with DeVaney, the committee and all of us and we are not out in left field somewhere and we’re in contact with people at the Transportation Department and uh, this is in line to move forward. Mr. Mayor: Yes, ma’am. Ms. Beard: And that is all I have to say and so why should we come up with another method where we have something out there on the books and we have been working with it for months. Mr. Mayor: Well, ultimately we’re voting on something that parties are going to have to get together and work out anyway before DOT’s going to approve it so --- Ms. Beard: They have tentatively given the approval. I guess that’s what I should say. Mr. Mayor: Okay. We have a motion and a second and I believe this has been adequately discussed. Commissioners will now vote by the usual sign. Ms. Beard: What are we voting for again? Mr. Cheek: To approve --- The Clerk: To approve the resolution of support asking for the reallocation of $50,000 for feasibility and engineering study for a white water course. 31 Ms. Beard: Didn’t I uh, I don’t know if I did or not. Mr. Mayor: It didn’t get a second. Ms. Beard: And you know I think this is terrible. Mr. Grantham out. Ms. Beard votes No. Motion carries 8-1. Mr. Mayor: Cooler heads will prevail and once again there’s still obviously the Downtown Development Authority, the Canal Authority, everybody’s going to have to work together on the redevelopment of the lower level of the canal and they were all parties to the task force as well. Everybody was represented on the task force. Mr. Sherrouse: Was this motion only on the $50,000? Mr. Mayor: Yes. Mr. Cheek: It goes to the mill project, $375,000 --- Mr. Mayor: Okay, this agenda item has been disposed of. Let’s move onto the next. The Clerk: OTHER BUSINESS 20. Resolution of Support to the Georgia Department of Transportation Board to Directors requesting the transfer of TEA grant from Depot Project to the Canal Authority. (Requested by Commissioner Andy Cheek) Mr. Cheek: I’m going to make a motion that we approve this. This is in order of what --- Mr. Bowles: Second. : --- we’ve been discussing is to move it to the Canal Authority once the Mr. Cheek deal is closed and then dispose of it according to some of the plans that are in effect Mr. Mayor. Mr. Mayor: Okay, we have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Ms. Beard votes No. Mr. Grantham out. Motion carries 8-1. 32 Mr. Mayor: I believe that disposes of all of our agenda items. I would, I know that we need to have a very brief legal meeting. I would look for a motion to go in legal for the reasons of personnel. Mr. Williams: So moved. Mr. Cheek: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Grantham out. Motion carries 9-0. Mr. Mayor: We stand in legal. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. Personnel. [LEGAL MEETING] Motion to approve execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Mayor: Okay, I’ll go ahead and call the meeting back to order and just that the final agenda item would be a motion to authorize execution by the Mayor of an affidavit of compliance with Georgia’s open meeting act to address personnel issues. Mr. Cheek: So move. Mr. Bowles: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion, commissioners will now vote by the usual sign. Mr. Cheek: Motion to adjourn. Mr. Mayor: With no more business to come before this commission we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission 33 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 March 28, 2007. ________________________ Clerk of Commission 34 35