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HomeMy WebLinkAboutCommission Meeting September 18, 2007 REGULAR MEETING COMMISSION CHAMBER SEPTEMBER 18, 2007 Augusta Richmond County commission convened at 2:00 p.m., September 18, 2007, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Harper, Grantham, Hatney, Beard, Williams, Cheek and Brigham, members of Augusta Richmond county Commission. ABSENT: Hons. Bowles, member of Augusta Richmond County Commission. The invocation was given by the Reverend Michael McCoy, New Covenant Church Gospel of Deliverance. The Pledge of Allegiance to the Flag of the United States of America was recited. The Clerk: DELEGATIONS A. Mr. Dennis Johnson RE: Possible issue of discrimination of a local business The Clerk: Mr. Mayor and members of the commission, Mr. Dennis Johnson has requested that his item be rescheduled for our next meeting because his attorney was out of town today. So we’ll go to item B. DELEGATIONS B. Mr. Mike Griffin. RE: PaddleFest 2007 Mr. Mayor: Thank you, sir, and if you could keep it to five minutes, please. Mr. Griffin: Last time I addressed this commission, new taxi services to expand to larger carrying ratios which allowed a lot of people in the area to start taxi companies, to bring in a lot of business, hire a lot of employees pay a lot of taxes. First, thank you, we all thank you from the bottom of our hearts for creating jobs. We need jobs and we’re happy to pay taxes if we can have new jobs and new opportunities. In helping to host PaddleFest we found out the type of people who attend such things are exactly the demographics we’d like to have in Augusta. They are upper income they are very quiet they leave no trash, they’re just great people. Freddy, if you’ll just pass these on to Jerry. These are some pictures of people that we’d like to attract to Augusta using a pullout and portage location located on the Savannah River, Lot 02000020000. And to attract these people from all over the world we would like to have a pullout and portage over to the Augusta Canal. Andy’s idea is a terrific idea but sometimes terrific ideas need the, they need someone to prime the pump. This is a picture right here that I’m about to pass out is a $3,000 canoe. These people that buy these $3,000 canoes do not want to ride them on rapids. They would love to ride them on the canal. So there’s a real market here. I’ve studied it, there’s a kayaker and we know that we can put a pullout at this location and it will go right around the corner to the canal. Once people ride into Augusta across Riverwatch Parkway and several other 1 roads we have here and see expensive first class people going up and down the canal it will prime the pump for tourism, people coming in from all over the country and such is that. Now to get that going we have an idea for this acreage that we would put the new state of the art tepees. Now before you laugh all the KOA campgrounds began with tepees. Our history is routed in people that were here first in tepees. The new teepees are beautiful from the outside, luxurious on the inside, perfect for year round camping and we would be the southern most location on the east coast for the entire United States. Those pieces of ground that we are looking at we’d like to buy. We’re not asking for any county money, personally I’d rather not have county money. If I believe in something we and my people and my family and investors are willing to put our money into it and we’ll pay you just to have permission to put our money into it. So we’re not asking for anything unless you say, well we don’t want to sell it we don’t want to lease it we don’t want to do anything but, you know do this. And in that case, yeah then you would put your money into it. But these are the types of docks. Pass that that way. We’d have a certain kind of dock. It’s PVC dock very similar to the rowing dock down at the rowing place. It’ll allow an older member of the family to sit in the middle of the canoe, go down the rapids, be pulled out by their family up on the PVC dock, unload it from the dock. The people take them over to the canal, a very short distance and the elder be ridden by their family up and down the canal. If we allowed the tepees which anything from the river and anything from the road would be a glimmering tepee at night and a beautiful tepee during the day. With the amount of land that you do have available let’s say during Masters season that week would be approximately $182,000 in revenues for one week. Since I’ve brought Freddy Clark here, Freddy, if you will tell us a little bit about your tepee experience. Mr. Clark: Being a former boy scout and doing a lot of Indian ceremonies when we were out at Camp Lynwood Hayne we did a lot of stuff in tepees, campfires and I think that it would give families an opportunity to get together, come together and spend time in the outdoors and kind of just have an appreciation for what we do have. Thank you. Mr. Mayor: Thank you and, sir, the five minutes is now up. So I would recommend putting together some kind of full proposal to present to the commission in going forward. We can’t really um, Commissioner Cheek. Mr. Cheek: I just wanted to add another. This plot of land is between the pumping station and the aqueducts esplanade. Is that the area you’re talking about? Mr. Griffin: It’s between Warren Lakes and it’s very close to that, right. It’s just up above the old city dump and it’s between Warren Lakes, Riverwatch Parkway and the river. It’s about that area, that’s correct. Mr. Cheek: There’s an area, Mr. Mayor, that in there especially it’s probably one of the most beautiful areas in the state that we don’t have any access to. There’s been an old mountain bike trail that’s been attempted to be established and maintained. But it’s just overwhelming in wilderness and the best section of the rapids runs between the pumping station almost a half-mile down river. And then you have to go through jungle and the only people that are using that right now is about five homeless guys in a little geodesic dome make out of old carpeting. It’s something we should consider. Utilization of this land would help us maintain the bike trails and 2 certainly it’s national heritage part of some arrange to help develop it in a way that would help make it user friendly for the public. And a portage is something we desperately need in that area to open the park up. Mr. Mayor: Okay. Thank you, Commissioner Cheek. Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. I think the thinking is really, really good. I guess my question is if you’re not asking the city to put anything in, are you’re asking us to sell this property to you. Is that what you’re proposal will be when you bring it back to. I mean there’s not activity there now, right? Mr. Griffin: There’s no money being made on it, it’s sort of being wasted. It is a flood plain so there’s only certain things you can do to it. But right now, you know it’s nothing being done there and it’s kind of going to waste. Mr. Williams: Well, and I guess my question, Mr. Mayor, if when he’s comes back with a proposal I would love to know exactly what it is that we need to do as an elected body probably sometime next year you won’t be looking at my face when you come back, somebody else will be in this seat who ought to be progressive enough to think about doing some things out of the ordinary. I think that is a great idea. I think there are some real values to what you’re saying. I just want to encourage you to keep on. You’re not going to get much encouragement but you need to take advantage of all you get and keep on and keep working with it. I think it would be a great, a great thing for Augusta. I think we ought to have many, many things. If you limit the activity then you limit the people. If you have a variety you then you got a variety of people so I encourage you a lot. Mr. Griffin: Thank you. Mr. Mayor: Thank you. Mr. Grantham: Mr. Mayor. Mr. Mayor: Commissioner Grantham. Mr. Grantham: In his proposal I think it would be wiser if you not only put in that if you would maybe like to buy the land we’d also like to see what type of lease arrangement could be made. I think that would be possibly a preference of the government because of the piece of land that Commissioner Cheek is talking about, is so connected and so valuable to the canal itself that you know, if something were to happen down the road than there’d be an option for the city to go back and reclaim that land under the lease in order to do something else with it. Mr. Griffin: Yes, sir, I’ll make out a proposal a couple of different ways. Mr. Mayor: Okay. We always like to have options. Thank you, sir. Mr. Griffin: Thank you for your time. 3 The Clerk: DELGATIONS C. Rev. James L. Reid. RE: Dave Barbee’s E-mail The Clerk: Reverend Reid is not here. The Mayor: Okay. The Clerk: Is there anyone in the hall? Mr. Speaker: (INAUDIBLE) The Clerk: They are? Okay, thank you. Obviously Mr. Reid is not in the building. Mr. Mayor: Okay we will, let’s move on to the consent agenda. The Clerk: Our consent agenda consists of Items 1-30, Items 1-30. For the purpose of any objectors to our planning petitions, I will read those petitions and if there are any objectors would you please signify your objection by raising you hand when the item is read. Item 4. A request to approve a petition for a Special Exception to establish a Family Day Care Home affecting property at 315 Dogwood Drive. Item 5. Is for a Special Exception to establish a Family Day Care Home affecting property at 1031 Twelfth Avenue. Item 6. Is a petition for a change of zoning from a Zone R-2 (Two-family Residential) to a Zone R-3B (Multiple-family Residential) affecting property at 1053 Chafee Avenue. Item 7. Is a petition for a change of zoning from a B-1 (Neighborhood Business) and a B-1 with conditions to a B-1 (Neighborhood Business) with a Special Exception to establish a convenience store located at the intersection of Richmond Hill Road and Windsor Spring Road. Item 8. Is a request for a change of zoning from a zone R-1B (One-family Residential) and a Zone B-1 (Neighborhood Business) to Zone P-1 (Professional) affecting property at 3338 Wrightsboro Road. Item 9. With conditions is a change of zoning from a Zone R-1A (One-family Residential) to a Zone R-1C (One-family Residential) affecting property at 3375 and 3377 Beaver Drive. Item 10. With conditions is a request for a change of zoning from a Zone R-1 (One- family Residential) to a Zone R-1C (One-family Residential) affecting property located at 1204 Council Drive. The Clerk: Are there any objectors to those planning petitions? Mr. Russell: None noted, Madam Clerk. 4 The Clerk: I call your attention to our Public Service agenda. For those alcohol petitions, if there are any objectors to the petitions would you please signify your objection by raising your hand. Item 12. Is for a retail package Beer & Wine license to be used in connection with The Corner Store located at 3104 Wrightsboro Road. Item 13. Is for a retail package Beer & Wine license to be used in connection with The OK Mart located at 2301 Lumpkin Road. The Clerk: Are there any objectors to those alcohol petitions? Mr. Holland: Madame Clerk, Mr. Mayor? Mr. Mayor: Commissioner Holland. Mr. Holland: No objection but I’d just like for the record. This is in my district and one of the things that concern me is and this came before our committee is that it’s right around the corner from where all of the college students live. It’s right across the street from Newman Tennis Center and it’s out on the corner from the First Tee. One of the things that concerns me is the fact with them having a Beer & Wine License, we don’t want to make it too easy for these young people to come in and get beer and wine. So I would like for the record to suggest that we keep this particular operation under close scrutiny in reference to in case some of the incidents start to occur in that area and we can treat it back to that particular incident, that area we all know that in future will be a possibility we may have to revoke those licenses. The Clerk: Yes, sir. Our consent agenda items 1-30. The Mayor: Okay, do we have any additions to the consent agenda? Commissioner Cheek. Mr. Cheek: Mr. Mayor, I had a call earlier from Commissioner Bowles concerning item 35 and I’m not sure if Ms. Beck is here. Apparently there’s an effort underway to reconcile this issue with the Neighborhood Association and the property owner and the Commissioner requested that this be sent back to committee and to allow them time to work it out. Mr. Mayor: Okay. Commissioner Williams. Mr. Williams: Mr. Mayor, Ms. Beck is here I think and I’d like to here from her before we just send it back. And she got off her job, left her children at home and done stuff to get down here so if there’s anyway possible we ought to hear from here. And if she’s in agreement I’ve got no problem either but this has been down here before and was turned down, it didn’t go anywhere and it’s back on the agenda again so --- Mr. Mayor: Can we hear from Ms. Beck with regards to this if she’s in agreement. Ms. Beck, are you in agreement with this? 5 Ms. Beck: With the --- from Mr. Bowles? Mr. Mayor: What Commissioner Cheek just recommended. Ms. Beck: Well, he had left a message on Friday night and I didn’t get home until late last night that he had a proposal to replace the front of my fence with wood, the part facing the street and leave the sides plaster. Mr. Cheek: I’m not sure of the details but my understanding is it would bring you into compliance at no cost to you with materials that would conform to the neighborhood standards. Ms. Beck: Well, I’m not really in agreement with having one thing on the sides and wood on the front. How’s that going to work? Mr. Cheek: Well, I mean this is something I think they’re asking for time to negotiate, for you to discuss your issues and concerns and then we could always bring it back up as much as I hate to have it to where you may have to come down again. Ms. Beck: Okay. Mr. Cheek: But if we can look at a win, win situation it may be beneficial for the historic nature the preservation of the neighborhood as well as you may be getting a --- Mr. Mayor: Okay. Mr. Cheek: --- your stuff changed. Mr. Grantham: Mr. Mayor? Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. And that was the comment that I had from Commissioner Bowles as well that he was recommending that the neighborhood association bear the cost of replacing the front section of that fence. Now when you go into that negotiation with the opportunity to get the side sections as well but that’s the beginning and that’s why he wanted to and we’d like to see that done based on your satisfying the ordinances within that area because we did request those ordinances to be rewritten back several years ago. And if we can come into some type of compliance with no expense to you than it would be to everyone’s advantage. Ms. Beck: Yes, sir. Mr. Mayor: Okay. Mr. Smith: Mr. Mayor? Mr. Mayor: Commissioner Smith. 6 Mr. Smith: Thank you, Mr. Mayor. I know I rode up there today and looked at this and the other gentleman’s that we passed, her fence is identical to his. And it’s right across the street and it would be hard for me to vote to change what she wants there after she has already put it up. Maybe the historic committee could change their rules as of hers and no more else be put in but it would be hard for me to believe that she’s going to be satisfied with taking her fence down and putting a wooden fence up. I don’t know, what exactly, I’m sorry I couldn’t hear. Would you talk into the mike there, please? Ms. Beck: Yes, sir. He had said to just put wood on the front of the fence and leave the PVC on the sides. And I wouldn’t be in agreement with that because I’ve got too much money in the fence already. Mr. Mayor: But you’re okay with what, okay. Thank you, ma’am. Okay, do we have any; I’ll go back to any additions to the consent agenda. Commissioner Hatney. Mr. Hatney: Madame Clerk, I abstain on 12 and 13. The Clerk: Yes, sir, I’ll note that. Mr. Hatney: Thank you. Mr. Mayor: Okay, hearing no further additions to do we have any items to be pulled for discussion? Mr. Holland: Mr. Mayor? Mr. Mayor: Commissioner Holland. Mr. Holland: I don’t have any disagreement with this but I would like a little explanation on item number 16. I was going to pull item 17 but after reading the attachment we have a clear understanding of what it’s about so we would like to just have an explanation of 16 a little bit. Mr. Mayor: Okay. Are there any further items to be pulled for discussion? Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. I like to have some discussion on item 20 and a little bit on 29 I believe so I can get a little bit more clear as to what’s going on with 29. But 20 and 29 is what I’d like to. Mr. Mayor: Okay. Are there any further items to be pulled for discussion? Mr. Brigham: Move to approve the consent. Mr. Cheek: Second. 7 CONSENT AGENDA PLANNING 1. FINAL PLAT – THE ORCHARD, SECTION 1-S-751 – A request for concurrence with the Augusta Richmond County Planning to approve a petition by James G. Swift and Associates, on behalf of Jerry Greenway, requesting final plat approval for The Orchard, Section 1. This residential subdivision is located on Brown Road, east of Peach Orchard Road and contains 114 lots. 2. FINAL PLAT – SOUTHAMPTON, SECTION FOUR-A-S-769-A – A request for concurrence with the Augusta Richmond County Planning to approve a petition by Southern Partners Inc., on behalf of Nordahl & Co., Inc., requesting final plat approval for Southampton, Section 4-A. This residential subdivision is located at Ardwick Drive adjacent to Southampton Section 1 and containing 30 lots. 3. FINAL PLAT – MAYO TOWNHOMES, PHASE II – S-708-II – A request for concurrence with the Augusta Richmond County Planning to approve a petition by H. Lawson Graham and Associates, on behalf of Gene Vintson, requesting final plat approval for Mayo Townhomes, Phase II. This residential townhome subdivision is located on Mayo Lane, adjacent to Mayo Townhomes, Phase I and contains 8 lots. 4. Z-07-77 – A request for concurrence with the Augusta Richmond County Planning to approve a petition by Chris and Dedra Shears requesting a Special Exception to establish a Family Day Car Home per Section 2-1 (F) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .48 acres and is known under the present numbering system as 315 Dogwood Drive. (Tax Map 184 Parcel 066) DISTRICT 8 5. Z-07-78 – A request for concurrence with the Augusta Richmond County Planning to approve a petition by Lemont C. Monroe Sr. requesting a Special Exception to establish a Family Day Care Home per Section 26-1 (F) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .22 acres and is known under the present numbering system as 1031 Twelfth Avenue. (Tax Map 072-2 Parcel 429) DISTRICT 2 6. Z-07-83 – A request for concurrence with the Augusta Richmond County Planning to approve a petition by Nicholas Dickinson, on behalf of MCG Health, Inc., requesting a change of zoning from Zone R-2 (Two-family Residential) to Zone R-3B (Multiple-family Residential) affecting property containing .26 acres and is known under the present numbering system as 1053 Chafee Avenue. (Tax Map 045-2 Parcel 338) DISTRICT 1 7. Z-07-84 – A request for concurrence with the Augusta Richmond County Planning to approve a petition by Atkins & Associates, on behalf of Geddes Hernlen, Jr., Molly Flythe and Nate Williams, requesting a change of zoning from Zone B-1 (Neighborhood Business) and B-1 with conditions to Zone B-1 (Neighborhood Business with a Special Exception to establish a convenience store per Section 21-2 (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 4.7 acres and located on the northwest corner of the intersection of Richmond Hill Road and Windsor Spring Road. (Tax Map 121 Parcels 022 and 010) DISTRICT 5 8. Z-07-85 – A request for concurrence with the Augusta Richmond County Planning to approve a petition by Perry Smith, on behalf of Teresa Smith, requesting a change of zoning from Zone R-1B (One-family Residential) and Zone B-1 (Neighborhood Business) to Zone P-1 (Professional) affecting property containing 1.87 acres and known under the 8 present numbering system as 3338 Wrightsboro Road. (Tax Map 041-4 Parcel 102) DISTRICT 3 9. Z-07-86 – A request for concurrence with the Augusta Richmond County Planning to approve with the following conditions 1) the existing pond must remain in place and 2) no mitigation of the wetlands shall be applied for and all wetlands shall remain intact; a petition by Teresa Haythorn, on behalf of Mickey Barefield, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-1C (One-family Residential) affecting property containing 4.87 acres and know under the present numbering system as 3375 and 3377 Beaver Drive. (Tax Map 041-2 Parcels 202 and 203-01) DISTRICT 3 10. Z-07-87 – A request for concurrence with the Augusta Richmond County Planning to approve with the following conditions 1) the owner shall donate 20 feet of right-of-way to the County for future road improvements should they be needed and 2) the cost of any improvements to the water system for either potable water or fire protection shall be assumed by the owner; a petition by Jimmy Garren, on behalf of Carolyn Elayne Moore Jones, requesting a change of zoning from Zone R-1 (One-family Residential) to Zone R-1C (One-family Residential) affecting property containing 1.54 acres and know under the present numbering system as 1204 Council Drive. (Tax Map 032-4 Parcel 048) DISTRICT 3 11. FINAL PLAT – SOUTHAMPTON, SECTION ONE – S-746 – A request for concurrence with the Augusta Richmond County Planning to approve a petition by Southern Partners Inc., on behalf of Nordahl & Co., Inc., requesting final plat approval for Southampton, Section 1. This residential subdivision is located at Iverness Drive at the terminus and contains 14 lots. PUBLIC SERVICES 12. Motion to approve New Ownership Application: A.N. 07-41: A request by Mahendrab Patel for a retail package Beer & Wine license to be used in connection with Maina, LLC DBA The Corner Store located at 3104 Wrightsboro Road. District 5. Super District 9. (Approved by Public Services Committee September 10, 2007) 13. Motion to approve New Ownership Application: A.N. 07-42: A request by Hye Ja Lee for a retail package Beer & Wine license to be used in connection with H.W. Lee Enterprises, Inc., DBA OK Mart located at 2301 Lumpkin Road. District 6. Super District 10. (Approved by Public Services Committee September 10, 2007) ADMINISTRATIVE SERVICES 14. Motion to approve Reprogramming of $615,273.93 in CDBG Funds and Changing the Scope of Work for the McDuffie Woods Community Center Year 2007 CDBG Project. (Approved by Administrative Services Committee September 10, 2007) 15. Motion to approve authorization to solicit Request for Qualifications for Consultant for Laney-Walker II and Bethlehem Redevelopment Areas with the inclusion of the Administrator and a representative from the Laney-Walker Redevelopment Oversight Committee in the review process. (Approved by Administrative Services Committee September 10, 2007) 9 PUBLIC SAFETY 17. Motion to approve awarding of the Augusta Fire Department Promotional Process Contract. (Approved by Public Safety Committee September 10, 2007) 18. Motion to approve the purchase of portable radios for the Fire Department (Approved by Public Safety Committee September 10, 2007) FINANCE 19. Motion to approve contract for 2007 Financial Audit. (Approved by Finance Committee September 10, 2007) ENGINEERING SERVICES 21. Motion to approve and accept the Deed of Dedication and Maintenance Agreement for the Augusta Regional Commerce Center. (Approved by Engineering Services Committee September 10, 2007) 22. Motion to approve and accept the water and sanitary sewer Deed of Dedication and Maintenance Agreement for Carnes Place. (Approved by Engineering Services Committee September 10, 2007) 23. Motion for authorization to condemn a portion of property #051-0-052-00-0 3968 Scott Street, which is owned by Keisha B. Martin, for 1,435 square feet of right-of-way and 2,877 square feet of temporary construction easement. PW Project: Belair Hills Subdivision Improvement Project. (Approved by Engineering Services Committee September 10, 2007) 24. Motion to authorize condemnation of a portion of property #055-1-032-00-0 1902 Sibley Road, which is owned by Pratt-Dudley Builders Supply Co., for 18,080 square feet of Temporary easement and 17,362 square feet of permanent easement. AUD Project: 630 Water Main, Phase 2. (Approved by Engineering Services Committee September 10, 2007) 25. Motion to authorize condemnation of a portion of property #066-0-003-00-0 3883 Grape Avenue, which is owned by Mary Elizabeth Thompson, for 600 square feet of Temporary Construction Easement. PW Project: Belair Hills Subdivision Improvement Project: (Approved by Engineering Services Committee September 10, 2007) 26. Motion to authorize award and execution of a contract amendment to the Construction Management at Risk Contract with Parsons Water and Infrastructure for the construction of the James B. Messerly WPCP Master Plan Implementation Phase 1 Project in the amount of $69,912,033. (Approved by Engineering Services Committee September 10, 2007) 27. Motion to approve request by Scott Bridge Company to temporarily close Park and Ride Lot located at Wheeler Road and Bobby Jones Expressway. (Approved by Engineering Services Committee September 10, 2007) 28. Motion to approve a supplement to the contract with Messerly Design Group, LLC (MDG) in the amount of $1,218,171 for additional scope of work required through construction of the James B. Messerly WPCP Master Plan Implementation Phase 1 Project. (Approved by Engineering Services Committee September 10, 2007) 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. 10 Motion carries 8-1. [Items 12-13] Motion carries 9-0. [Items 1-11, 14-15, 17-19, 21-28]. The Mayor: Madam Clerk, let’s move first to the pulled items, please, ma’am. The Clerk: PUBLIC SAFETY 16. Motion to approve the purchase of a conveyor system for jail. (Approved by Public Safety Committee September 10, 2007) Mr. Mayor: Commissioner Holland, I believe this was yours. Mr. Holland: Yes, sir. The only thing I wanted to know, Mr. Mayor and colleagues, is that I understand the conveyor system currently being used has been in place since ’97 and it’s becoming increasingly difficult and very costly to keep it repaired and can not support the current inmate population. My question is how costly and what is the breakdown of the cost since it’s been so costly in repairing it I simply would like to know how costly has it been and do we have a breakdown of the cost of repairs of this particular machine and how often have we had to repair this machine. I just want an explanation on that because there’s no financial breakdown on this so we just want to understand what we’re agreeing to as we look at the amount of money we’re spending to get a new. Do we have someone to speak to that? Mr. Mayor: Mr. Russell? Mr. Russell: We would have to provide that information to you. If you’d like to table this for the time being maybe I can some numbers from the Sheriff quickly or refer it back to committee. But I do not have those numbers available to me at the moment. Mr. Cheek: Motion to table. Mr. Mayor: Okay. Mr. Holland: Second. Mr. Mayor: Do we have a second? The Clerk: Mr. Holland. Mr. Mayor: Okay, commissioners will now vote by the usual sign. Mr. Hatney: What’s that? Mr. Mayor: This is a motion to table agenda item number 16. 11 Mr. Smith out. Motion carries 8-0. Mr. Mayor: Next agenda item, Madam Clerk. The Clerk: ENGINEERING SERVICES 20. Motion to approve agreement with Al-Jon, Inc. for replacement of current compactor with a new compactor under a similar lease agreement. (Approved by Engineering Services Committee August 27, 2007 – Deferred from the September 4, 2007 Commission Meeting) Mr. Mayor: Commissioner Williams, I believe this was yours. Mr. Williams: Yes, sir, Mr. Mayor. This was the same item that came up before and my question was I guess to Purchasing whether or not we followed the procedures as to going out for a bid. We got a contract with this company and uh, if we’re going to change, if we’re going to do something different I think there’s got to be a bid process. I’d like to hear from Purchasing whether or not we followed that. If we have than I’ll make a motion to approve. Mr. Mayor: Yes sir, Mr. Boudreaux. Mr. Boudreaux: We also had looked at that at your request and under the Richmond County Code Section 1-10-49, when a piece of machinery by it’s nature, design or capacity is unique and only obtainable from one source than it can be handled through the procedures they’re going through now as negotiation and approval by this commission. Based on what Mr. Johnson said about this piece of equipment the only way to replace it would be to upgrade it. Technology at this time is to use this vendor because otherwise we would not be able to get out of the current lease. Based upon that it allows us to go under the Sole Source Procurement Section because otherwise we would not be able to replace the machine. Mr. Williams: I’m hearing something all together different now from our Attorney. That’s why I wanted to hear from Purchasing who’s department that is. And I respect the legal opinion but uh, we hire people down in certain rooms in this building to go through this process and this is the first time I’ve heard of a single source, piece of equipment. I asked the question about, even the last time when I brought this same piece of equipment up. No one said it was single-source. Even if there’s single-source I think there’s a process that the government has to go through. I don’t to --- the Attorney, I learned from Jim Walls, I learned from Steve Shepard a great deal. Now I’m going to learn even more. But I still think that if that’s the case than there ought to be something, especially when our agenda item, let us say single-source. Now from my understanding was that there was another vendor that probably could furnish this. I see Mark standing over there. Maybe he can enlighten me a little bit more. But this is the first time, and maybe the rest of y’all know about a single-source but now it’s become a single-source and that throws everything different. That changes the whole scope of what we’re doing when you 12 change to single-source. And we had hundreds of them since I’ve been here but this is the first time this item’s been brought to single-source. Mr. Mayor: Mr. Johnson, you want to? Mr. Williams: I don’t need Mr. Johnson to read from no ordinance or what this says. I need to know Mr. Johnson if this is this single-source it’s single-source. I don’t need you to quote what the Attorney just read, Mr. Mayor. I want him to give me his professional opinion as department head if this is single-source it’s single-source. I don’t need to reread that. Mr. Mayor: Mr. Johnson. Mr. Johnson: There is more than one manufacturer that will build a compactor. Where this became unique was getting us out of our current lease and into a new one for the same monthly payments. That’s where it became an opportunity. That’s where it became a unique financing deal was they’re giving us the same monthly payments on a machine that’s three years newer, newer technologies, so on and so forth. Mr. Williams: My question is it single-source. If it’s the only one company that can do this that was my question. If there was another company than that throws the single-source out the window. Mr. Mayor: Okay. Mr. Williams: That’s all I want to know. Is that one company that can provide it? Mr. Mayor: Okay, I think Mr. Johnson answered that question. Mr. Williams: So there’s more than one company. Is that right, Mr. Johnson? Mr. Johnson: There’s more than one company that manufactures compactors. Mr. Williams: So it’s not single-source. Mr. Mayor: Okay, does anybody else have any further comments on this? Mr. Smith: Move for approval. Mr. Mayor: We have a motion. Is there a second? Mr. Grantham: Second. Mr. Mayor: Okay, motion and a second. Is there any further discussion? 13 Mr. Williams: Yes, sir, yes, sir, there is. I’d like to hear from Purchasing, Mr. Mayor, before we, before we vote to do this. I think a Purchasing agent, or someone from Purchasing should be here to --- Mr. Mayor: Is there somebody from purchasing here? Mr. Russell: It’s my understanding Ms. Sams is out today. She referred the question to the Legal Department for an answer and that’s the answer that you got today. It is legally available to do that, it meets our process and because of the uniqueness of the purchasing arrangement at this particular point in time it’s appropriate to do that. Mr. Williams: Mr. Mayor, God forbid if anything happens to Ms. Sams but I’m sure we got somebody else downstairs in that department that could step up to the plate to answer a question. Now maybe not directly but somebody ought to be able to answer that question. And I know that this government wants to do things according to the law and to the rules. Now I heard for the first time today it was a single-source. Mr. Johnson just said there’s other people that can create this machine and --- Mr. Mayor: Okay. Mr. Williams: --- we lost some money with some lawsuits and I don’t want to see us get in another situation with that, Mr. Russell, by you know single sourcing this thing and going out that way when there’s somebody else that can do it. And if Purchasing agrees with it I got no problem. Mr. Mayor: Okay. We have a motion and a second. Commissioner Smith. Mr. Smith: I just want to bring to light the fact that we went out to the landfill and looked at this Al-Jon I believe the name of it is, compactor and at the same time had another vendor there as well and this was the low at the time his price, the one we have on the agenda item was lower and it was more preferred at the landfill than the other. And if you’ve ever been out there you could look at it and tell. If you hadn’t been out there I can understand how you feel about just, the low price of whatever it is. But this was the low price and the best use based on the people that, that drive it and on our landfill director. Mr. Mayor: We have a motion and second. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Russell: Mr. Mayor --- Mr. Mayor: Mr. Russell. Mr. Russell: --- just a point of information as far as, I was just informed Ms. Sams is in the building --- Mr. Mayor: Okay. 14 Mr. Russell: --- first asked the question here today and to let you know that she’s on the way up. I apologize for that. Mr. Mayor: Okay, well the agenda item has been disposed of so --- Mr. Williams: I would like to still just get some clarification from the Purchasing Department, Mr. Mayor, even though the agenda item’s been voted on whether it’s gone through the proper channels of whether it’s been done right. I still got a question with that. Mr. Mayor: Okay. Mr. Williams: So when Ms. Sams gets here I’d still like to hear from her. Mr. Russell: Ms. Sams could do that at a later point, sir. Mr. Mayor: Madame Clerk? Mr. Williams votes No. Motion carries 8-1. The Mayor: Okay, Madam Clerk, next agenda item. The Clerk: ENGINEERING SERVICES 29. Motion to approve tasking staff to develop requests for bids to clean the three separate areas of the third level of the Canal using the existing money and report back to committee. (Approved by Engineering Services Committee September 10, 2007) Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, the reason this was brought before Engineering Services and to the commission is we reallocated third level cleanup money a little over a half million dollars to clean up the third level. The three sections are Phinizy Ditch, which drains to the south the new third level which is the part of the Atlanta Gas Light cleanup and then the third level that runs from Twelfth Street to Hawks Gully. All three of those areas the two end points at Hawks Gully and Phinizy Ditch where the primary draining points back to the river or to Phinizy Swamp are seriously congested with debris and they have reports of businesses under the Gordon Highway bridge monitoring that ditch and its getting close to topping the road during rainfall events. So that, the intention of this is to go instruct staff to develop cleanup plans and go out for bids and then come back to Engineering Services with the bids to clean up the three sections and then the commission, Engineering Services and the commission would chose depending on the money to hire a subcontractor to do any, all three of them, each individual depending on how the sections are bid. If you allow thirty days or so to develop and get the bids out, thirty days for returns of proposals and review that puts us right in the prime time with the snakes and mosquitoes are 15 gone and vegetation is at its best point for clearing and it would make it easier to access those areas and remove the debris. There’s a camp across from the Sacred Heart Cultural Center, a homeless camp right now and we have a beautiful waterway there, we have the money in the bank and this --- Mr. Mayor: Okay. Mr. Cheek: --- is a way to use private sector resources to get it cleaned before spring. Mr. Mayor: Okay. Thank you, Mr. Cheek. Mr. Williams, does that answer your question? Mr. Williams: No, sir, I never asked a question. Mr. Mayor: Okay. Mr. Williams: You went to Mr. Cheek before I --- Mr. Mayor: He has his hand up. Mr. Williams: Well, but it was my item that I pulled. But anyway, Mr. Mayor, I’m worried about the existing monies and how much money do we have. I’m in agreement of all the things Mr. Cheek just mentioned but it says in the agenda item that we’re using existing money. And I think we need to know about some of these monies that’s existing and how money are there and how much are we going to be willing to spend just on the engineering side of it to get somebody to come in. So I guess Mr. Cheek might know the answer to that money question as well so how much money do we got, Mr. Cheek? Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, I believe it’s somewhere around a million, not a million to a half million, S300, 000.00 there about. It’s money allocated from Phase I that we voted to restore after we voted to reprogram it to cleaning those specific areas. And it’s just that single pot of money from Phase I. And, Mr. Mayor, let me say this. If anybody thinks we need the engineers removing the trash from the Canal and we get to that point, Mr. Mayor, I will not be a civil individual at that point. This is simple. Remove the trees, shopping carts and washing machines that have been thrown in there. Scrape the muck out and allow the water to run. Mr. Mayor: Okay. Mr. Grantham: Motion to approve. Mr. Mayor: We have a motion. Is there a second? Mr. Cheek: Second. 16 Mr. Mayor: Okay, we have a motion and a second. Is there any further discussion? Mr. Smith: Uh, Mr. Mayor? Mr. Mayor: Commissioner Smith. Mr. Smith: This is a vote for a request for bids, is that right? Mr. Mayor: Yes. Commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, members of the commission. Staff has spoken to a representative of the Sheriff’s Department, Chief Toole, who’s running the jail facility at this point in time. He would like to be able to come back and speak to you directly about the cost of that conveyor. So it would be appropriate at this point if it’s the will of the commission to take it off the table and refer that back to Public Safety. Mr. Cheek: Motion to remove that from the table. Mr. Brigham: Second. Mr. Mayor: Okay, we have a motion and second. Is there any further discussion? Commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Cheek: Mr. Mayor, motion to send it back to committee. Ms. Beard: Second. Mr. Mayor: We have a motion. Madam Clerk, I don’t want to get to far out in front of you. The Clerk: Yes, sir, thank you. The motion to take it off the table carries unanimously. Now we have a motion to refer back to committee. Mr. Mayor: Okay, commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Mayor: On to the regular agenda. The Clerk: 17 PLANNING 31. Z-07-80 – A request for concurrence with the Augusta Richmond County Planning to deny a petition by William Hollingsworth, on behalf of Mary Ann Wells, requesting a Special Exception to establish a Private Club (model airplane club) per Section 26-1 (I) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 128 acres and located on the southeast right-of-way line of Henderson Road, 3,200 feet, more or less, south of Hephzibah-McBean Road. (Tax Map 332 Parcel 001) DISTRICT 8 Mr. Patty: This is a request for Special Exception. This is sort of a remote area but there’s a lot of development of nice homes around it. It’s 128 acres they want to put this in the back of it, the back of the 128 acres they’ve got a diagram showing that none of the plains would flood over adjoining properties. There was concern about the noise. We did have a number of objectors that were concerned about the noise breaking the tranquility of the area. One individual had a private airstrip that by its layout flies directly over this air space and was concerned about a possible conflict there and the Planning Commission voted to deny it. Mr. Holland: Mr. Mayor? Mr. Mayor: Commissioner Holland. Mr. Holland: I’d like to concur with Mr. Patty on this to deny because the one thing that confuses me and that brings to my attention when you come up with a private club it says something about what is going to done in that particular area and it makes me think that there’s some people in that particular community may excluded. So I’m very much concerned when we are in the process of trying to approve or deny private clubs. So I think we need to adhere to Mr. Patty’s request and deny this because we don’t know what’s going to happen in reference to this private club whether it’s going to be model airplanes or what. Mr. Mayor: I guess the people who would be excluded would be those who don’t use model airplanes. Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. Is this similar to the one that Mr. Carl Walker has at Horseshoe Road and Highway 56? Mr. Patty: I would assume so. It’s the same type of aircraft. Mr. Smith: A little small plane? Mr. Patty: Yes. Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, the thing that having flown in there in the private airplane on a number of occasions that is directly in the glide path of Bush Field and planes do come in there 18 at a 1000/1500 feet and these aircraft, you can’t see them. They’re that small until you’re on top of them and to me that is the wrong area for us to add air traffic that’s uncontrolled. Mr. Mayor: Would you like to make a motion? Mr. Cheek: I just make a motion to concur with the Planning Commission. I’m in favor the club and model airplanes, my brother flies them I fly them sometimes but not in that location, no. Mr. Mayor: Okay, we have a motion. Is there a second? Mr. Holland: Second. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, I think we at least ought to hear from the petitioner and the protestors if there are any. Mr. Mayor: Okay. Is the petitioner here? Mr. Brigham: Is there anybody opposed to it? Mr. Mayor: Is there anybody opposed to it here? Okay, we have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Smith votes No. Motion carries 8-1. The Clerk: ADMINISTRATIVE SERVICES 32. Discuss/update from staff on the abandoned school buildings. (Requested by Commissioner Marion Williams) Mr. Mayor: Is there anybody from staff here to speak to this issue? Mr. Russell. Mr. Russell: Yeah, I guess I need some clarity on what the issue is. The School Board is a separate identity. What exactly were you looking for us to do sir? Mr. Mayor: Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. I was looking for someone on staff to maybe consult or talk with the board to find out what’s their process or what’s their next step on the abandoned buildings, school buildings we have around here in Augusta. Now we’ve been very adamant about our taxes payers cleaning up their properties and fixing up abandoned buildings. We’ve got several of those schools. We’ve got one right down the street here. We’ve got one I 19 know on Tripling Street that’s sitting there and like Commissioner Cheek talked earlier about vagrants. They’re in and out. We’ve got churches that’s been vandalized for copper and I’m sure if you go in some of these buildings that’s been sitting for quite some time you’re going to find out that they’ve been inside of those. Now are we going to allow them to continue to stay there in such disarray and get worse or the board doing anything to, to I guess to correct that. Are they for sale are they going to be for sale are they going to be torn down. I think we, as a local government needs to know. I received a letter from Mr. Fletcher about the racetrack, Mr. Cheek, so I’m sure he’s got time to write a letter about these schools and stuff we’ve got sitting right here. Mr. Russell: Mr. Mayor, with that direction I’d be more than happy to communicate your desires to the Superintendent. I’ve had several conversations with Mr. Fletcher over the past several months in reference to the condition of some specific buildings and I’ll be more than happy to get that information for you. Mr. Mayor: Okay. Commissioner Williams. Mr. Williams: Mr. Mayor, I told the Clerk to put this on at least a week ago and I’m surprised that staff don’t have the necessary tools or the communication skills or whatever they’re missing to have this taken care of when it gets here. Now it’s going to be another two weeks before we get back to get a report now. I asked for a report from staff I asked the Clerk. Now maybe the Clerk’s office broke down but somebody, somebody needs to be mindful of what this body asked them to do. I know we carry much weight, well let me speak for myself. I don’t carry much weight but when we request something, somebody who gets paid a heck of lot more money than I get paid ought to be responding. And I would, two assistants, Mr. Russell, and I’m directing it to you because you got two assistants and two secretaries now and somebody could have had some report back for us today to tell us yea, nay or something. But now they’re going to come back and it’s going to be another two weeks now. Now I’m disappointed in that I don’t --- Mr. Mayor: Okay. Mr. Russell: It’s my fault, sir, and we will correct that. Mr. Williams: Okay, well it’s enough of them faults. Mr. Mayor: Okay, can I get a motion to refer this to the next full commission meeting. Mr. Cheek: So moved. Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. Commissioner Cheek. Mr. Cheek: Mr. Mayor, just to briefly state for the record. We had the Georgia Biomedical Research Foundation looking at buying the old Davison School and utilizing it some 20 three years ago and they were told by the Superintendent that they had other uses for the building. Now the floors, the roof is leaking and the building is basically useless. I think the citizens of this city and this commission ought to take it very seriously in that the resources that could be utilized for economic development and growth that the School Board owns that they need to either take care of them or turn them over and sell them just like we should vacant lots and properties we own. Mr. Mayor: Okay, we have a motion and a second. Commissioners will now vote by the usual sign. Mr. Brigham votes No. Motion carries 8-1. Mr. Mayor: Madam Clerk, next agenda item. The Clerk: FINANCE 33. Motion to rescind the May 1, 2007 action to merge the 1998 Pension Plan, the 1977 Pension Plan, the GMEBS Pension Plan, Employees with no pension plan until requested information relative to the insurance costs for retirees and future retirees is received. (Requested by Commissioner Don Grantham) Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. And the purpose for this notice was to just what we were talking about not to be opposed to the pension plan or to the joining of the pension plan but to finally get a decision and finally get a response to the request that’s been made so many times in regard to health insurance. And as we all know health insurance is something that is very expensive and is going to be an expensive item in the future if we continue to live as long as we are right now. The point I’m making is that right now our employees are requesting, and I believe I’m right Mr. Burns that they have until a certain date to sign up on this plan or they’re automatically put into the plan. And I want you to give me an affirmative or no on that. The second thing is that is a health care plan included in this that I’ve asked and several other commissioners have asked and if so what is the cost of that plan going to be to the government as well as to the retiree. I think there’s been a reason in some cases here in the past that we have not had people to retire as willingly as they would like to because of the health care that they have received or the health program that they have when they do retire. So those are my questions and I’m all for the retirement plan I’m all for going forward with it and I am all for supporting a percentage of costs by this government and as long as that retiree has a percentage that he too or she too can afford once they retire. That’s my purpose for this question and that’s my purpose for putting this on the agenda. Mr. Mayor: Okay. Mr. Burns. 21 Mr. Burns: The retirees would receive health insurance at the same premium that they’re paying as an employee for Augusta now. With HMO the employees pay 25% of the premium and Augusta pays 75%. With the Point of Service Plan the retiree would pay 30% and Augusta would pay 70%. Mr. Grantham: Uh, excuse me, Mr. Mayor, if you don’t mind. They will be able to carry the same insurance they presently have under their present employment once they retire. Mr. Burns: Yes, sir. Mr. Grantham: And that is with who? Mr. Burns: Currently it’s with Blue Cross/Blue Shield of Georgia. Mr. Grantham: And they’re presently paying as an employee 25% and as a retiree they would pay 30%. Mr. Burns: No, they’re paying 25% as a retiree for the HMO and they would pay 30% as an employee for the POS and they would receive that same rate as if they’re retiring. There will be no change in the cost for the health insurance. Mr. Grantham: All right, one final question. Does the retiree have an option in his health care insurance? Mr. Burns: Meaning can they opt not to take the insurance? Mr. Grantham: Right. Mr. Burns: They can opt not to take health insurance. Mr. Grantham: Okay, I just wanted that to be clear as well and I think that, a couple of questions that you cleared up for me today that we’re not seeing and one thing I’d like to know what the cost is involved as far as the people that can retire or either join under this program, what’s going to be the cost of this government for the future. Mr. Burns: For the health insurance? Mr. Grantham: Right. Mr. Burns: Health insurance is not attached to the pension plan. It’s not going to be under the pension plan documents but the cost, I spoke with an actuary earlier today and the cost is going to be approximately $2 million a year. Mr. Mayor: Okay. Mr. Grantham: You say it’s not in the plan? 22 Mr. Burns: No, sir. It’s not in any of our pension plans. None of the pension plans include health insurance. It’s just an added benefit that we give people when they retire. Mr. Grantham: Okay. Mr. Mayor: Okay, Mr. Russell. Mr. Russell: And just as a point of clarity, Commissioner Grantham, that number is set annually in the budget that the percentage is set annually. So that as a matter of fact we just increased that last year but it’s not, it’s not written in stone. That’s the decision y’all make every year when you make the budget on how we balance out the health care costs and what percentage those costs are. And traditionally we’ve kept that the same. That was the first change we made in numerous years as we change that ratio but it is not a guarantee. It’s based on your decision, based on each budget. Mr. Grantham: Thank you for your response. Mr. Mayor: Commissioner Harper, did you? Mr. Harper: Uh yes, thank you, Mr. Mayor. My concern was this particular item we voted on in May 2007. Since that time I believe implementation had already taken place and therefore for us to go back now I believe we should continue to move forward instead of going back now. I asked the Attorney to give me a legal feeling on that since we had voted on that in May. Was the implementation process started? Mr. Mayor: Mr. Boudreaux. Mr. Boudreaux: It was my understanding from Mr. Burns that it has been implemented st in that prior pension plan has been terminated and so something needs to be done by October 1 of this year. Mr. Mayor: Okay. Mr. Williams: I make a motion, Mr. Mayor, we continue the plan, the consolidated plan that we got. Mr. Cheek: Second. Mr. Grantham: And I’ll second it because you know what we’ve got was the answer we were looking for. Mr. Mayor: Commissioner Grantham, you’ve spoken twice. I’m sorry I didn’t recognize you. We’ve got a motion and a second. Mr. Grantham: --- five times --- 23 Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, to sit here and be told that our pension costs for health insurance is $2 million dollars I’m a little concerned is that for our just our current retirees for our future retirees. I think that one of the questions that’s been asked continually is we need to know what our pension costs are for our future retirees, we need a figure to put in our auditor statements for the end of the year and if it’s $2 million I think somebody is completely off the wall in this place. If it’s only for our current retirees maybe it is $2 million dollars but I think we got close to 2700 employees and I would think that the future costs of the insurance would be a lot more than and $2 million. Mr. Burns: There’s about 1900 employees with health insurance and it’s $2 million per year not just a one time cost of $2 million. It’s $2 million every year. You’re pre-funding health insurance for an employee when they retire which could be in many cases 20 years from now so it’s going to be a spread out cost. Mr. Brigham: It’s going to be $2 million a year 20 years from there and insurance costs is going up 25%? I don’t believe that either. Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Mayor: Madam Clerk, next agenda item, please. The Clerk: ENGINEERING SERVICES 34. Authorize a Supplement to Option Year 1 of Amendment No. 7 to the existing Program Management Services Contract with CH2MHILL. The supplement will provide additional Program Management Services for the 2004 Series Bond Capital Improvements Program approved by Commission 02/02/2005. (No recommendation from Engineering Services Committee September 10, 2007) Mr. Smith: Mr. Mayor? Mr. Mayor: Commissioner Smith. Mr. Smith: Mr. Mayor, in speaking to Mr. Max Hicks this morning of our Utilities Department and our attorneys Steve and Todd there’s some language in this agenda item that I would like to make a motion that it may be should be changed or added to or subtracted and go back to committee and we take it from there. Mr. Hatney: Second. 24 Mr. Mayor: Okay, we have a motion and a second. Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. Whether is goes back to committee or not I mentioned in Engineering Services Committee that we’re looking at taking on some additional sanitary service and other water related projects and we have not went out and had other businesses to afford the opportunity to be able to bid. This firm I think has done a great job, we mentioned that before. We got no complaints but before we just take this back to committee and look at the wording I think we need to look at going out to see if there’s any other companies that’s able to do this work and have some, have work going on simultaneously from different businesses. I looked in the back and saw the local participation and how much strength they want to put in local participation now. But when I look back over the previous years and the previous millions of dollars I don’t see that same effort that was put in this and put in that. So I think we need to go back and look at going out at least having somebody else come in giving us a birds eye view I guess about what they can do or what the cost would be. Now McDonald’s don’t mind Burger King moving across the street from them because competition keeps the price down. But if we keep buying a burger from the same stand we don’t never know if we’re getting what we’re paying for or not. We’re just going to be paying and I’ve got a problem just sending it back to committee. I think we ought to have somebody else and this may be the best think going but we ought to at least get anther perspective from some other entity versus just keeping the same one. So going back to committee is one thing, I’ve got no problem with that but I think we need to send this out and let somebody else give us an opportunity to come in to see whether or not it’s feasible to keep what we got. Because once we get in it and you can sit here and fool yourself all you want to but once you get somebody in that process you will never get them out of that process because they got to finish the job then. Mr. Mayor: Okay. Mr. Williams: So that’s all I want to say. Mr. Mayor: All righty we have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Motion carries 9-0. The Clerk: OTHER BUSINESS 36. Discuss David Barbee’s August 27, 2007 e-mail regarding the proposed sale of the Gilbert Manor Property to the Medical College of Georgia. (Requested by Commissioner Marion Williams) Mr. Mayor: Okay, before we get into this I would just like to say the gentleman in question Mr. Barbee stepped down from his position two days ago. I think the community has been through this enough. I would like to see it recommended that we go ahead and pull this agenda item. This is an issue that’s already been handled. 25 Mr. Grantham: So moved. Mr. Smith: Second. Mr. Mayor: We have a motion and second. Commissioner Williams. Mr. Williams: Yes, sir. You can pull what you want to, Mr. Mayor, but we going, I mean this an agenda item that I placed on there and I plan to talk about it. I think that’s a slap in the face to this community to not talk about it because if we hide behind that kind of stuff it’s going to give credence to that we’re in support and I don’t think nobody on this board is in support. And I think we need to talk about it. I heard that Mr. Barbee did resign and I think that was a great move on his part but I don’t think Mr. Barbee was right to e-mail to himself. I think them e-mails went out to other people as well. We know that he sent his e-mail out to investors but my main concern is with the director of the Housing Authority, Mr. Oglesby who knew about these e-mails and who had been in this position to protect and to look out for the welfare of the people in the housing project. This has got nothing to do with MCG. We know that’s the best place for MCG to go even though the e-mail thought it was not the best place. It’s nothing to do with that. This whole commission for the last eight years have been talking about how can we do that and get that facility or get that land in the hands of MCG. But we’ve been concerned about the people, the people of Augusta-Richmond County and this is a terrible slap in the face with all the stuff that’s going on around the world here we are in 2007 and we’re still thinking in 1957. And I think that’s it’s wrong for this body not to even want to address this to say that because he stepped down. I tried to get this read into the minutes the last time. I asked to just read it into the minutes that this body was not a part and didn’t appreciate or didn’t agree with that. We wouldn’t do it. And we put it on the agenda and it’s here today and I think if any commissioner have anything that they place on the agenda ought to have the right to discuss it and ought to have the right to bring it to this body as a group. So my concern is, Mr. Mayor, that we as elected officials need to know where the Housing Director --- Mr. Mayor: Okay. Mr. Williams: --- stands, Mr. Jake Oglesby. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. The Augusta Housing Authority is appointed by you the Mayor of this city. And when this particular incident took place and when you were made aware of it you took action in regards to what was circulated through that e-mail. This commission really doesn’t have anything to do with that board. We are only a recommending body for that board through you. So I feel like that we’re assuming some responsibilities that are not ours and that we need to move forward with this. This matter’s already been addressed. It’s been in the paper numerous times, it’s circulated for two weeks and even the delegation has taken issue with it. So I just don’t think it’s something for us to be involved with. We do not need any division among the group of commissioners that we have sitting here today. And I think to rehash this and bring it back up will only add more fuel to the fire. So I just recommend 26 that we move forward with the motion that was made and that we go ahead and delete this item from the agenda. Mr. Mayor: Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. I couldn’t disagree with Mr. Grantham more because when we are elected officials and when items of this particular nature hit the news media and when it’s in reference to the people of this city as elected officials I think it is our responsibility to respond as positively as we possibly can. The people of this city who have elected us need to know as elected officials where we stand. Although Mr. Barbee has stepped down which is good, the Mayor has addressed this, which is good we know that Mr. Barbee did not sit down and type up this e-mail to himself. And we know that there were others involved with this particular e-mail. And for some reason or another this is going to come up again. The thing that bothers me more than anything that Mr. Barbee a member of the Augusta Housing Authority violated the rules and regulations and the guidelines of the Augusta Housing Authority which I think Mr. Oglesby was aware of and the members of that board was aware of and they should be held accountable also. So there’s something that needs to be done in reference to that board and in reference to the leadership of Mr. Oglesby. When I mentioned the fact in a meeting that someone else had was sitting down with Mr. Barbee when he typed this up it was agreed with me by Ms. Sims. She said I believe you’re right, Commissioner Holland, somebody else did discuss this with Mr. Barbee. So we know that this has been discussed with others. So my concern is that we want to make sure that if the Augusta Housing Authority has had someone on their board that has violated the guidelines and the rules and regulations of their policies you know even though they stepped down the Augusta Housing Authority alone with the executive director of the Housing Authority should be held accountable also. And my last point is this. I’m very much concerned about the people, about the people of Gilbert Manor. What kind of plan do they have for the people of Gilbert Manor? Mr. Mayor: Okay. Mr. Holland: It appears to me that they just want to take these people and move them out and get them out of the way so they can sell this property, let this property lay dormant --- Mr. Mayor: Okay. Mr. Holland: --- for years to come. So I’m very much concerned --- Mr. Mayor: Okay. Mr. Holland: --- about that, Mr. Mayor. Mr. Mayor: Okay, thank you, sir. We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Holland: What are we voting? 27 The Clerk: To delete the item from the agenda. Mr. Williams votes No. Mr. Hatney, Mr. Harper and Mr. Holland abstain. Motion fails 5-1-3. Mr. Mayor: Okay, Madam Clerk, no action taken. I believe that disposes of our regular agenda. Mr. Boudreaux, do you have? OTHER BUSINESS 37. Motion to go into a Legal Meeting. Mr. Boudreaux: Yes, sir, we do have matters of pending and potential litigation to discuss in legal session. Mr. Mayor: I would look for a motion to take us into legal session to discuss, Mr. Boudreaux, you stated? Mr. Boudreau: Pending and potential litigation. Mr. Mayor: Okay. Ms. Beard: So moved. Mr. Mayor: We have a motion. Is there a second? Mr. Cheek: Second. Mr. Mayor: Commissioners will now vote by the usual sign of voting. Mr. Harper not voting. Motion carries 8-0. Mr. Williams: Madam Clerk? The Clerk: Yes, sir. Mr. Williams: I need to see you about an agenda item I want to put back on the agenda. [LEGAL MEETING] 40.Motion to approve execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Mayor: Mr. Shepard. 28 Mr. Shepard: Mr. Mayor, I would ask for a motion to add, not to add but to approve the Closed Meeting Affidavit for you sign wherein we indicated that we discussed pending and potential litigation. Mr. Mayor: Can I get a motion to that effect? Mr. Hatney: So moved. Ms. Beard: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Cheek out. Motion carries 8-0. ADDENDUM 38. Motion to approve settlement of litigation against insurance companies for defense costs and indemnity for claims arising out of the application of biosolids to the lands of the Boyce and McElmurray families and the resulting litigation by them against Augusta, by the payment to Augusta by Lloyds of London, National Union Insurance Company, and Coregis Insurance Company of the sum of $1,125,000 and payment to the McElmurray family of the sum of $1,500.00; and the payment to Augusta by St. Paul Insurance Company of the sum of $175,000. In exchange appropriate releases will be executed in such form as approved by Augusta’s attorneys, thereby releasing the insurance companies from further claims under the policies. Mr. Mayor: Mr. Shepard. Mr. Shepard: Mr. Mayor, members of the commission, I would ask as add on agenda item number one as the legal session that we add and approve the agenda item turned in by Mr. Ellison and Mr. Wall which will consummate a settlement in the McElmurray case for $1.3 million less attorney’s fees and settlement costs. Mr. Hatney: So moved. Mr. Grantham: Second. Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual sign. Mr. Cheek out. Motion carries 8-0. ADDENDUM 29 39. Motion to add and approve authorization for the Attorney to increase the amount of funds from $154,000 to a not to exceed amount of $160,000 regarding his negotiation of the nd defeasance of the Partridge Inn 2 Mortgage Bonds and that he and the Administrator identify the funding for that from a General Fund or fund balance source if necessary. Mr. Mayor: Mr. Shepard. Mr. Shepard: Finally I would ask Mr. Mayor members of the commission that the authority I have to negotiate the defeasance of the Partridge Inn bonds be increased from $154,000 to a not to exceed amount of $160,000 and that the Administrator and I identify the funding from that from some General Fund source, fund balance being part of those sources if necessary. Mr. Hatney: So moved. Mr. Harper: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Cheek out. Motion carries 8-0. Mr. Mayor: Nothing further? Mr. Shepard: I have nothing further at this time. Mr. Mayor: With nothing further 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 September 18, 2007. _________________________ Clerk of Commission 30 31