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HomeMy WebLinkAboutCommission Meeting August 5, 2008 REGULAR MEETING COMMISSION CHAMBER AUGUST 5, 2008 Augusta Richmond County Commission convened at 2:00 p.m., August 5, 2008, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland Smith, Mason, Grantham, Hatney, Beard, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. The invocation was given by the Reverend John Pinson, Pastor Aldersgate United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Thank you, sir, and if you could please come forward. And I have been focusing on the serenity prayer a lot in my own prayer time so thank you that was a, for the times we’re in a wonderful prayer. Office of the Mayor. By these present be it known that Reverend John Pinson, Pastor Aldersgate United Methodist Church is Chaplain of the Day for his civic and spiritual guidance demonstrated throughout the community serves as example for all of the faith th community. Given under my hand this 5 Day of August 2008. Thank you so much. (APPLAUSE) And before we get started with the presentations we lost a young man who worked in maintenance at Diamond Lakes, Jonathan Botelho on Sunday. He was 29 years old and so I would ask that we observe a moment of silence in his honor and his family’s honor as well. Thank you so much. Madam Clerk, if we could now move on the presentations. The Clerk: PRESENTATION(S) A. Presentation to Augusta Utilities Department by the Georgia Association of Water Professions (GAWP). Mr. Zebertson: Mr. Mayor, Madam Mayor Pro Tem and Commissioners I appreciate you taking a moment today to recognize some excellent performance on the part of your staff. I’m Bill Zebertson the Secretary/Treasurer of the Georgia Association of Water Professionals. The GAWP is an association of operators, lab analysts, engineers, environmental managers all sorts of folks that are involved in water and wastewater in our state. The GAWP is an old association. We were formed in 1932 and since then we’ve promoted excellence in operation in water and sewer utilities contributing to the passage of the certification requirements for operators in Georgia, one of the first states to do that. Today our association encourages excellence by recognizing utilities that are doing an exceptional job and I’m here to recognize your employees as doing an exceptional job. There are three gold awards and one platinum award that I’m going to tell you about. And the fact that you’ve won four awards is not, I hope that you don’t misunderstand and think that’s an easy thing and that everybody has lots of awards to get. There are many cities and counties where we don’t get to go and brag on people at all. But your folks have won four separate awards in the past year. A gold award means that the water, wastewater facility in question has met all of the requirements that they face during the previous year. And 1 that may not sound like a lot but there are thousands of tests and procedures and requirements that must be passed every year, every day, test after test after test and any one of which means that you don’t get the gold award. You can’t get recognized. You didn’t do as perfect a job as you needed to do. So it’s something to really feel good about. Essentially you can say that your folks were perfect because any slip and you don’t get the gold award for that year. The first one that we want to recognize is the M. Max Hicks Tobacco Road Water Treatment Plant, which is the second year of winning a gold award at that facility. Additionally we have the Augusta Richmond County Water Plant, which also is a gold award and it’s the second year in a row of winning the gold award at that facility. And additionally we’ve got the Augusta Richmond County Highland Avenue Filter Plant, which has won a platinum award. That means that not only was they’re gold award status that they’ve done the gold award thing for six years in a row now. So for the past six years there’s not be a single slip, flub, stumble of any sort. And these guys have got a platinum award for the sixth year. Finally we don’t have folks to receive it they’re out working hard but at the James B. Messerly Water Pollution Control Facility operated by CH2MHILL and OMI for Augusta Richmond County. They have got a gold award there again for four years in a row gold award. These folks are unsung heroes. They do more for public health than the most dedicated medical professional. They do more for the environment than the most dedicated environmentalist. They serve behind the scenes so that everybody knows they can turn the tap on in the middle of the night and what’s going to come out is going to be clean. You can give it to your baby, your elderly Mom. You know that you’re safe. These are really unsung heroes. I hope that you appreciate what they mean to the citizens of your community. (APPLAUSE) The Clerk: RECOGNITION(S) Augusta Recreation B. Augusta Recreation and Parks Augusta All Stars 2008 Georgia Recreation and Parks Association Class A Junior Girls (13-14) Fast Pitch Softball State Champions and the West Augusta-All Stars 2008 Georgia Recreation and Parks Association Class A Junior Boys (13-14) State Baseball Champions. Mr. Beck: Mr. Mayor and members of the Commission. We have ended another wonderful baseball and softball year for our youth in Augusta. Over 2000 kids have participated in the program this year. And you know we have two goals when we offer this program. Two main goals and that’s to learn a little bit about the sport and to have fun. Now every now and then you exceed those goals a little bit and you come back with some state champions in baseball tournaments. That’s just a little icing on the cake for us and a great program. And with us today for our roll call for our state champions John Hart, Sports Director for Channel 6. (APPLAUSE) Mr. Hart: Thank you very much. I will start by calling the names of the 2008 Georgia Recreation and Parks Association Class A Junior Girls 13 and 14 year olds Fast Pitch Softball State Champions. They were the Augusta All Stars. This tournament was played in Lovejoy thth Georgia July 10 through 12 of this year. First up Outfielder/First Baseman Jordan Tetter. Catcher Taylor James. Extra Player Jessica McMonigle. Outfielder Jennifer Reese. Outfielder 2 Alicia Schofield. Center Fielder Amberly Murphy. Pitcher Kaitlyn Dawson. Second Baseman Baily Hall. Outfielder April Kroutch. Short Stop Molly Lillis. Pitcher and First Baseman Amber West. Pitcher and Third Baseman Meagan Rouse. The co/head coaches for this team Mark Schofield and LaVerne Wiggins. And the assistant coaches were unable to be with us today Tom Caswell and Patty Willis. (APPLAUSE). One more round of applause for your 2008 Georgia Recreation Department Association Class A State Champions. Mr. Hart: We also have the Augusta Recreation Parks Department 2008 Georgia Class A Junior Boys 13-14 year Baseball State Champions. These were the West Augusta All Stars and thth this tournament was played right here at Diamond Lakes Regional Park July 9 through the 12 of this year. First up Pitcher and Second Baseman Steven Fealko. Pitcher/Short Stop Henry Rollin. Pitcher and Left Fielder Ryan Midla. Left Fielder Rhett Mills. Pitcher and First Baseman Forest O’Quinn. Is Tyler here? That’s you? All right. Right Fielder and Second Baseman Tyler Williamson. Catcher Conner Doyle. Pitcher and Short Stop Taylor Carter. Third Baseman Ben DeWitt. Pitcher and Center Fielder Brendan Douglas. And First Baseman Ned Pruitt. The Head Coach Brian Fealko. Assistant Coach T.J. Midla. And Assistant Coach Kevin Doyle. That’s the 2008 Georgia Recreation and Parks Association Class A Junior State Boys Baseball Champions. (APPLAUSE) Mr. Beck: Mr. Mayor, if I could there’s a couple of groups of people I want to make sure to recognize. And the first would be our staff. We’ve got a great athletic staff. If our staff could come out for a little round of applause. They did an absolutely outstanding job this year. Steven Cull, Jennifer Jenkins, Emily Wiggins. (APPLAUSE) Bobby Martins Supervisor over athletics. Bobby? Is anybody else in athletics not there? Well we’ve got some other great staff they did a great job but especially to all the parents here. Thank you for supporting your kids. Appreciate it. (APPLAUSE) Mr. Mayor: John, thank you for coming down. Appreciate it. Okay, Madam Clerk, I guess we’ll move on to the consent agenda. The Clerk: Yes, sir. Our consent agenda consists of items 1-34 and under the Public Services portion of the agenda we have two alcohol applications. And if there are any objectors to those alcohol license applications would you please signify your objection by raising your hand. Item 6. Is a retail package Beer & Wine license to be used in connection with Kind Grocery located at 2062 Old Savannah Road. Item 7. Is a request for an on premise consumption Liquor, Beer & Wine License to be used in connection with Mi Rancho Mexican Restaurant located at 3064 Washington Road. There will be Sunday Sales. The Clerk: Are there any objectors to either one of those alcohol petitions? Mr. Russell: None noted. Mr. Mayor: Okay, do we have any additions to the consent agenda? 3 Mr. Grantham: Mr. Mayor? Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. I think we can consent item number 36 that’s listed on the regular agenda. Mr. Mayor: Okay, I have a sneaking suspicion we probably won’t have any further additions to the consent agenda. Are there any items to be pulled for discussion? Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor, just for some clarification. I’d like to pull item number 26 and ask a couple of questions in reference to that item please. Mr. Mayor: Okay, are there any further items to be pulled for discussion? Hearing none I would look for a motion to approve the consent agenda. Mr. Jackson: So moved. Mr. Mayor: We have a motion. Is there a second? Mr. Holland: Second. CONSENT AGENDA PLANNING 1. ZA-R-191 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County by amending Section 8-2 (Special Exception) regarding the average gross floor area of one family detached dwellings. (Approved by Commission July th 10 – second reading) 2. ZA-R-192 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County by amending Section 3-12 (Special Building Setbacks). th Approved by the Commission July 10 – second reading) 3. ZA-R-190 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County by amending Section 8-1 (Permitted Uses) regarding the average gross floor area of one family detached dwelling. (Approved by the Commission th July 10 – second reading) 4. SPA-08 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to the Site Plan Regulations for Augusta-Richmond County be amending Section 202-E regarding the required number of plans to be th submitted. (Approved by the Commission July 10 – second reading) 5. SA-45 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to the Subdivision Regulation for Augusta- 4 Richmond County be amending Section 201-D and 202-B regarding the required number th of plans to be submitted. (Approved by the Commission July 10 – second reading. PUBLIC SERVICES 6. Motion to approve New Ownership Application: A.N. 08-33: request by Tae Ho Ji for a retail package Beer & Wine license to be used in connection with Kind Grocery located at 2062 Old Savannah Rd. District 2. Super District 9. (Approved by Public Services Committee July 28, 2008) 7. Motion to approve a New Ownership Application: A.N. 08-34: request by Melissa Ruiz for an on premise consumption Liquor, Beer & Wine license to be used in connection with Mi Rancho Mexican Restaurant located at 3064 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee July 28, 2008) 8. Motion to approve the renewal of wellness and recreation contracts with CSRA RDC for senior services in Richmond County. (Approved by Public Services Committee July 28, 2008) 9. Motion to approve a Cooperative Agreement for Senior Nutrition Services with CSRA- RDC for 2009. (Approved by Public Services Committee July 28, 2008) 10. Motion to approve forfeiture of Surety Bond for Mr. Christopher Gibson and Mrs. Shannon Gibson d/b/a Gibson Home Improvement. (Approved by Public Services Committee July 28, 2008) 11. Motion to approve the General Services Administration Terminal Space Lease Agreement. (Approved by Public Services Committee July 28, 2008) 12. Motion to approve an Ordinance to amend the County of Augusta, Georgia Code to add a new Article 5 entitled Pedicab Service; to provide for the operation and regulation of pedicabs in the Augusta-Richmond County Downtown Business District, to repeal all Ordinances in conflict herewith, to provide an effective date, and for other purposes. th (Approved by the Commission July 10 – second reading) 13. Motion to approve a request for the addition of six (6) part time personnel to oversee the ops/security center as mandated by the Transportation Security Administration (TSA). (Approved by Public Services Committee July 28, 2008) 14. Motion to approve the Memorandum and third Amendment to the Verizon Wireless Co-Location Lease Agreement. (Approved by Public Services Committee July 28, 2008) ADMINISTRATIVE SERVICES 15. Motion to approve a Resolution recognizing the High School/High Tech Program and authorizing Augusta-Richmond County, Georgia to contribute the amount of $2,094.97 to the organization; and for other purposes. (Approved by Administrative Services and Finance Committee July 28, 2008) FINANCE 16. Motion to approve purchase of property located at 842 Greene Street (Tax Map/Parcel: 047-1-213-00-0) by Augusta, Georgia from Augusta Properties, Ltd. By exchanging property Augusta located as 1328 Baker Avenue and the payment of the sum of $487,000.00. (Approved by Finance Committee July 28, 2008) 5 17. Motion to approve a request from the Angelic Community Resource Development, Inc. th regarding city sponsorship through the purchase of tickets for the 5 Annual Barbers’ Ball. (Approved by Finance Committee July 28, 2008) 18. Motion to deny a request from Leo Ghitter for removal of tax penalty and interest on the property of Augusta Mobile Manor LLC located at1923 Barton Chapel Road. (Approved by Finance Committee July 28, 2008) 19. Motion to approve a request from Wells Fargo Financial Leasing regarding a refund of taxes associated with the value of personal property (computer software) that was returned as computer equipment. (Approved by Finance Committee July 28, 2008) ENGINEERING SERVICES 20. Motion to approve an Option for the purpose of acquiring a Right-of-Way between Joe W. Hamilton as owner, and Augusta, Georgia as optionee, in connection with the Alexander Drive Project, 0.071 acre (3,082.24 sq. ft.) in fee and construction & maintenance easement from the property located at 1044 Alexander Drive at a purchase price of $29,768.00. (Approved by Engineering Services Committee July 28, 2008) 21. Motion to authorize condemnation of a portion of Property #144-0-060-00-0 Phinizy Road which is owned by Carolyn L. Barnes, Teresa L. Meadows and Gerald E. Meadows for 5,483 Sq. Feet of a Permanent Easement and 2,598 Sq. Feet of a Temporary Construction Easement. AUD Project: 60107 – Butler Creek Upgrade East. (Approved by Engineering Services Committee July 28, 2008) 22. Motion to authorize condemnation of a portion of Property #013-1-002-05-0 1034 Alexander Drive, which is owned by Cliff Channell for 52,217 Sq. Feet of Right-of-Way and 83,136 Sq. Feet for a Permanent Easement. PW Project: Alexander Drive Project No. 323-04-296823215. (Approved by Engineering Services Committee July 28, 2008) 23. Motion to authorize condemnation of a portion of Property #013-1-124-00-0 2506 Commons Trace which is owned by J.W. Greenway Company for 479 Sq. Feet of Right-of- Way and 292 Sq. Feet Permanent Easement. PW Project: Alexander Drive Project. (Approved by Engineering Services Committee July 28, 2008) 24. Motion to authorize condemnation of a portion of Property #144-0-010-00-0 1906 Phinizy Road which is owned by Larry G. Ennis for 2,223 Sq. Feet of Temporary Easement; and Property #144-0-021-05.0 Pircle Lane which is also owned by Larry G. Ennis for 14,031 Sq. Feet of Permanent Easement and 1,608 Sq. Feet of a Temporary Easement. AUD Project: 60107 – Butler Creek Upgrade East. (Approved by Engineering Services Committee July 28, 2008) 25. Motion to authorize a portion of property #013-1-123-00-0 2504 Commons Trace, which is owned by Nex Ventures Realty, Inc. for 1,430.78 Sq. Feet of Right-of-Way and 418.38 Sq. Feet of Permanent easement. PW Project: Alexander Drive Project. (Approved by Engineering Services Committee July 28, 2008) 27. Motion to approve beginning the process of the closure of McCarthy Drive. (Approved by Engineering Services Committee July 28, 2008) 28. Motion to approve Memorandum of Understanding for the James Brown Streetscape Project. (Approved by Engineering Services Committee July 28, 2008) 29. Motion to approve bid and award contract in the amount of $47,322.50 for removal of 25 hazardous trees to the lowest bidder, Empire Tree and Turf. (Approved by Engineering Services Committee July 28, 2008) 6 30. Motion to approve a request to return to donor, George E. Perkins, Sr. a .07-acre portion of right of way previously donated to County on August 23, 1978. Roadway has been modified in the past such that this portion of property is no longer needed for government use. (Approved by Engineering Services Committee July 28, 2008) 31. Motion to increase the rates for providing streetlights in the suburban districts as requested by the Traffic Engineering Section. (Approved by Engineering Services Committee July 28, 2008) 32. Motion to authorize Traffic Engineering to purchase/replace 25 Roadside Traffic Counters and Recorders from Control Specialists Company in the amount of $23,125. (Approved by Engineering Services Committee July 28, 2008) 33. Motion to approve contract with Logicalis, Inc. to provide Call Center Management Software and Implementation Services to Augusta. (Approved by Engineering Services Committee July 28, 2008) PETITIONS AND COMMUNICATIONS 34. Motion to approve the minutes of the regular meeting of the Commission held on July th 10 and the Special Called meeting held July 28, 2008) PUBLIC SERVICES 36. Motion to approve a resolution recognizing the CSRA Youth At Risk Task Force Program and the support of their initiatives by the Augusta Commission. Mr. Mayor: I think we have a lot of primary motions and people seconding. But we have a motion and a second. Commissioners will now vote by the usual sign. Mr. Hatney abstains. Motion carries 9-1. [Items 6-7] Motion carries 10-0. [Items 1-25, 27-34, 36] Mr. Mayor: And, Reverend Hatney, do you want to abstain on the two alcohol licenses? Reverend Hatney. Mr. Hatney: Madam Clerk, I abstain on all alcohol licenses, please. The Clerk: Yes, sir. Mr. Hatney: Thank you. Mr. Mayor: Okay, Madam Clerk, if we could just go to the pulled agenda item first which I believe is item #26. Oh, actually, excuse me, I apologize about there that I believe we have a proposed addition to the agenda as well. 7 ADDENDUM 38. Motion to approve a Specialty Build-Out and a Lease of approximately 11,891 sq. ft. of space at 985 Broad Street for Use as a Juvenile Court. Lease term of approximately 5 Years with Option to Renew for an Additional 5 year period. Mr. Russell: Mr. Mayor, if I may. Mr. Mayor: Mr. Russell. Mr. Russell: I need to get it on the table first sir, I’m sorry. Mr. Brigham: Motion to add. Mr. Mayor: Okay, do we have a second to that? 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. Motion carries 10-0. Mr. Mayor: Okay. Madam Clerk, let’s go ahead and address that agenda item. Mr. Russell. Mr. Russell: Mr. Mayor, members of the Commission over the past several months we’ve been working with this particular owner in reference to 985 Broad Street as space for the Juvenile Court. You’ve been updated on that on a fairly regular basis. You’ve authorized me to negotiate contract, which would involve some retro fitting of the building. That retro fitting is here in the contract itself of a cost of about $385,000. The rent is specified we’ve been able to negotiate that at a fairly decent price. I’ve gone over the reasons why we want to use this facility for the Juvenile Court. We made that decision several months ago as we continue to move forward with the Judicial Building when it became a space issue there. It’s on the table now for your approval and we would ask that you would approve that. The cost for the build-out I want to take out of SPLOST dollars. The rent will be coming out of operational funds as you move forward. Mr. Grantham: I’ve got a question. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. Question, Mr. Administrator, is under the term of the lease, item number eight. It’s a five-year lease with a five-year additional time. Is that in the event that we move this facility to the new Judicial Center once it’s completed or is that in the works of that happening? 8 Mr. Russell: No, sir, at this particular point in time there’s no plans to move this particular facility within the confines of the judicial building. What we did want to do is make sure we had the option to move this to the campus if necessary. In a separate and distinct facility as we’ve talked about over some length of time it’s generally felt among criminal justice professionals that the separation of the adult and youthful offender is probably a wise thing at that particular point in time. This particular building does have the added benefit of being located or co-located next to the Youth and Family Services Division of the state. So you’ll have that all located in one place. It would be my recommendation if at any point we did move we’d move this into a separate facility, as the current judicial facility is not constructed to meet their needs at the moment. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. Fred, are there going to be any plans to build another building? Because I would imagine with the amount we’re paying in a lease over the next five years we could construct our own building next to the Judicial Center. Mr. Russell: And once again that was part of the build to get them to where they to give us some flexibility in trying to do that. In all honesty I haven’t got that far down the line. But I do agree with you fully that our own facilities are a whole lot better in the long run than rental space. The benefit of this is it’s a quick move in. I can get them out of the facility and to jail fairly quickly that would allow the Sheriff to have some room that he desperately needs. It’s some dry space for him at this particular point in time. And it’s sort of at this point satisfies all our immediate needs where to build, attempt to build a building this quickly would not get us where I need to be. Mr. Bowles: Thank you. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Mr. Mayor, Mr. Russell. Looking at the amount of money that’s being paid monthly and at the increments at which it goes up, the percentage it goes up annually. I know we’re talking about a 5-year lease but is there any way possible to a 5-year lease renewable annually just in case we, somebody come up and decide they want to build another building want to donate the whole thing to the City of Augusta in that we won’t be tied in for five years. This is a lot of money to spend every month on a lease. Mr. Russell: Yes, sir. The last conversations I had with the owner did not involve that specifically but in my estimation at this particular point in time we had pretty much reached the limit of his willingness to bargain with us. I did not specifically ask that question. If you’d like for us to go back and do that I have no problem trying to do that one way or the other. Mr. Hatney: Asking him won’t hurt. The worst thing he can say is no. Mr. Russell: He has said no to several other offers --- 9 Mr. Hatney: Let’s just ask about this one because I think we’re paying a lot of money here. And if you look down at the ten-year scope this rent goes up about $5,000 a month. That’s a lot of money. Mr. Russell: If then that’s appropriate it might be appropriate for the motion to be to let me ask that question and then come back to you for a six signature letter that would let us move forward or we could do that again and bring it back next in the next committee meeting. Timing is not crucial but it’s important and if the motion could give me some flexibility there I think that would be fine at this particular point in time. Mr. Hatney: I don’t want to hold you up. I just hope the motion would include you asking that. And if he said no we got to go on and do what we got to do. Mr. Mayor: Could we just go ahead and approve subject to Mr. Russell putting in that request? Madam Attorney? Okay. Could I get a motion to that affect? Mr. Grantham: So moved. Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Okay, Madam Clerk, I believe the pulled agenda item was agenda item #26. The Clerk: ENGINEERING SERVICES 26. Motion to approve extending the contract for management of the Marriott Riverfront Hotel parking facility with Republic Parking System for a period of two years. The total annual contract cost is estimated to be $211,000, which includes the actual cost of operations, plus the $25,000 management fee. This contract extension is for the period from February 1, 2009 through January 31, 2011. (Approved by Engineering Services Committee July 26, 2008) Mr. Mayor: Commissioner Holland, I believe this one was yours. Mr. Holland: Thank you, Mr. Mayor. For some this may sound somewhat frivolous but for me I just need some clarification in reference to this amount of money, $211,000. And of course this is part of the contract. Do we have someone here to respond to, okay. What I would like to know is that you know an explanation of the clear operation of procedures that you go through in reference to what you do over there at the Marriott. A breakdown on what you do in reference to, with the $211,000. And of course on the attachment here it says that you’ve extended the use of the amount of money that you receive exclusive of the bond payment. So 10 my question is that excess money that we have exclusive of the bond payment how is that money used and where’s that money being placed. Is it to be placed in a fund and how is --- Mr. Acree: (unintelligible) Mr. Holland: Let me finish. Let me finish. I just want to know how that money’s being used and much of it is excessive of what the bond payment is. Mr. Acree: It’s not in excess of bond payment. The bond payments exceed our revenue, always have. The amount that we received in excess of expenses goes back in the general fund. Mr. Holland: Do we know that amount? Mr. Acree: It averages about $14,000 a month. Mr. Holland: Can the Commissioners get that in writing? Mr. Acree: It’s in your budget report but yeah I can do that. Mr. Holland: All right. I don’t, I haven’t seen it. Mr. Russell: Yes, sir, we can do that for you. Mr. Holland: Okay, now the breakdown of the operations. How do you handle that? Mr. Acree: In terms of what we’re billed? Mr. Holland: What you’re billed, yes, sir. Mr. Acree: The Republic Parking bills the county for their actual labor costs, material costs plus the management fee on a monthly basis. The report to us on revenues, expenses and we receive a monthly invoice. The cost of the contract for $211,000 is what it costs to operate plus, and that includes the $25,000 management fee. Mr. Holland: In other words you have an itemized statement, itemized statement in reference to all of the things that you do with the money that you receive. Mr. Acree: Republic Parking, I don’t work for Republic Parking but, yes, sir. Mr. Holland: Well then you didn’t answer the question. Mr. Acree: I’m sorry I don’t understand your question. The City of Augusta receives an itemized bill showing everything that’s spent and everything that they paid us and where it goes, every month. Mr. Holland: That’s all, Mr. Mayor. 11 Mr. Mayor: Commissioner Hatney. Mr. Hatney: You mentioned, sir, that the $25,000 were included in the $211,000 but this says plus $25,000. That’s not included in that. It says plus. Mr. Acree: I misspoke. Mr. Hatney: It says plus. That’s what it says here plus $25,000 management fee. Mr. Acree: Absolutely correct. I misspoke, sir. Mr. Hatney: Okay. Mr. Acree: $25,000 is the fee they charge to manage. Everything else is direct cost. Mr. Hatney: But all the costs though come to the city at the end of the day. Mr. Acree: The costs are paid out of revenue and the surplus comes to the city. Mr. Hatney: Okay. All right. Mr. Mayor: Okay. Can I get? Commissioner Brigham. Mr. Brigham: Motion to approve. Mr. Mayor: Do we have a second? Ms. Beard: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Okay, Madam Clerk, I think we’ve got one more item on the regular agenda. The Clerk: PUBLIC SERVICES 35. Motion to approve the award of Bid Item 08-105, Re-roofing of The Boathouse Community Center to I & E Specialties for $94,348.00. (No recommendation from Public Services Committee July 28, 2008) Mr. Mayor: Commissioner Hatney. 12 Mr. Hatney: Mr. Mayor and the rest of my colleagues and to the Administrator and all others gathered. I just have some misgivings about this whole makeup here particularly in view of the fact that it circumvented on its way to us Procurement all together. That bothers me. They’re not listed in those persons that reviewed and approved the bid. The other thing that concerns me is that the $37,000 bid as far as I remember was withdrawn and it would be my naïve way of thinking that if you withdraw from something you should no longer be counted. If that’s the case then than $94,000 would become the lowest bid. Then the $96,000 would become the second bid. And our agreeing on the 5% max that the bid should offered to the $96,000 bid is due to the fact that it’s local rather than Wilmington, SC. That does have some real and it just bothers me that stuff just don’t go through procurement but they catch all the hell for it. Mr. Mayor: Okay, I’ll take Commissioner Johnson then Commissioner Brigham then Commissioner Bowles. Mr. Johnson: Thank you, Mr. Mayor. I’d just like to ask the Attorney, Chiquita, her opinion on this. We spoke about it in committee and my concern was exactly the same as Dr. Hatney’s with that $37,000 bid being withdrawn that would automatically take that particular company out at the plate and that becomes I&E Specialties becomes the lowest bidder. I do know there were some concerns because the Ball had never done any business with the city and I&E had a real good rapport also with the city but I felt like we needed to give the opportunity to develop a rapport. And you know if we don’t then they quite naturally would never get that rapport. So I want to find out from her exactly what was the issue with them this situation and why it wasn’t Cross Roofing just wasn’t removed all together. They withdrawn and how was I&E still considered the second lowest bidder. Ms. Johnson: You can’t discount the fact that Cross withdrew their bid. They still were the lowest and responsible bidder at the time the bids were opened. So that would always make them number one. They’re not going to be anything but number one. This second lowest bidder was I&E. We are not just looking at responsiveness under our ordinances we’re looking at responsibility. They have a work history, timely good work being performed in Augusta Richmond County. This is also a bid so price is the major consideration. The local preference doesn’t come into play because the third lowest bidder was just that, the third lowest bidder. They were not the next lowest bidder. You can’t discount that Cross originally was the lowest bidder. Mr. Johnson: Okay, so Cross did not withdraw their bid before the bids --- Ms. Johnson: They did but that does not make them not a part of this equation. They will always be the lowest bidder even if they withdrew. They’re just not responsible because they couldn’t perform the work. If you will remember this contract did come before Commission. And again my preference would be that the Procurement Department speak to it. But you can’t discount the fact that Cross withdrew. They still were the lowest responsible bidder but they could not perform. So that made them non-responsible. The next party would be I&E not Ball. So the local preference does not come into play. 13 Mr. Johnson: Now does that ordinance fall under the Procurement Department or is it just legal? Is that your --- Ms. Johnson: No, it applies to the lading of goods and services and it applies to construction contracts in our code of ordinances. Mr. Johnson: Okay. Thank you, Mr. Mayor. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, first I’m going to make a motion to award the contract. Mr. Bowles: Second. Mr. Brigham: Okay now, Ms. Johnson, it’s my understanding the local preference ordinances does not apply to any construction bids. Ms. Johnson: That is incorrect. It does apply. The first sentence of the ordinance does read that it applies to goods, services and construction. Also in Title 50 of State Law it applies. Local preferences apply to construction contracts. Mr. Brigham: Okay that it complies to construction contracts. Ms. Johnson: Yes, sir. Mr. Brigham: You’re positive of that. Ms. Johnson: Yes, sir. And I have a copy of the ordinance if you need it. Mr. Brigham: Okay. My understanding was it didn’t. The second thing is, since this bid has already been gone through Purchasing then the and the low bidder is the low bidder. The fact that they’ve withdrawn I’m assuming they’re going to lose the bid bond. Is that correct? Ms. Johnson: They would. Mr. Brigham: Okay. So we get the benefit of that. Ms. Johnson: We do. Mr. Brigham: Okay, then we then under the local ordinance and I think this is where the rub is the local ordinance then require us to re-eval whether or not there’s a preference given to local bidders. Mr. Holland: That’s not right. 14 Ms. Johnson: If the local bidder was the next lowest bidder, which in this situation it is not. Mr. Brigham: I always thought if the first bidder was not removed it was the third bidder would not be looked at as being --- Ms. Johnson: As the second, correct. Mr. Brigham: Okay, then I think we need to go on and vote on this, Mr. Mayor. There’s no question left. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Somebody mentioned that the bid bond would be surrendered. If I withdraw from a activity you don’t get no money from me. Ms. Johnson: Well, you’re forfeiting that bond that you had. Mr. Hatney: I bet you we don’t get no money. We don’t get no money. Mr. Mayor: Okay, we have a motion and a second. Is there any further discussion? Mr. Johnson. Mr. Johnson: Mr. Mayor, while we’re at it is somebody here from Procurement that can speak in regards to this? Just to enlighten us on what happened with this? Ms. Johnson: Ms. Mills is here. Mr. Hatney: Remember now it wasn’t reviewed by Procurement. It bypassed them. Mr. Mayor: Ms. Mills. Ms. Mills: The bid was awarded to Cross Construction and it came before Commission. It was approved by Commission upon Recreation Department getting in touch with them to give them their notes to proceed. They told, informed Recreation that the price of materials had gone up and they wanted to increase their price. We didn’t have any where for them to increase their price so the Recreation Department contacted the Procurement Department to go ahead and contact the second lowest vendor which was I&E to see if they would hold their price at what they bid at and go ahead and proceed with them. So they were bringing it back before Commission to get that approved since it already had been previously approved to go to Cross Roofing. Mr. Mayor: I’ve recognized you twice --- Mr. Hatney: One more time. 15 Mr. Mayor: --- Commissioner Hatney. Mr. Hatney: I won’t ask you nothing else today. One more time. Mr. Mayor: Point of personal privilege? Mr. Hatney: Point of personal privilege. Thank you. What concerns me, sister Mills, in the back of the right up here the one’s that’s listed as reviewed and responded to that part you’re talking about. The procurement office is not listed there at all. I don’t care who they talk to it’s not documented. And we still need it documented and as far as I’m concerned this don’t exist. Ms. Mills: The agenda item did not come through the Procurement. Mr. Hatney: So you stand up here and hold these folks up when it bypassed you. Ms. Mills: We asked them --- Mr. Hatney: You did not ask them a question. How did you do that? Ms. Mills: I’m not up holding --- Mr. Hatney: That’s what you’re doing. I’m not being funny. So said somebody called your office. How am I supposed to know that when down here we asked who reviewed it and your department ain’t listed. Ms. Mills: Well, I guess if the agenda item had come through the Procurement Department we would have attached all of the emails, all of the correspondence between the Procurement Department and Recreation so you would be able to --- Mr. Hatney: We wouldn’t have needed all that. The rest of them didn’t attach nothing. And I’m not trying to be funny. I’m on your side but, but truth will prevail. Your department did not participate in this last round did it? Thank you, that’s all I’m asking you. Mr. Mayor: Okay, we have a motion and a second. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. Okay, I just want to be clear again. Nothing went through the Procurement Department, this second go around as far as seeing um, like it says here reviewed by Finance, Administrator and Clerk of Commission but there was no review, period by Procurement. Ms. Mills: The agenda item did not come through Procurement. Mr. Mason: Okay, I have a question for our legal counsel here. What you cited earlier in reference to the bid being withdrawn and then but that for all intents and purposes I think what I heard you say it still remains there as a bid being submitted and taken into consideration where 16 these bids fall. Now is that some legal reference that you’re citing or is that an opinion that you’re making. Ms. Johnson: It states in federal and local law the bid just doesn’t go away. They withdrew the bid. They still were the lowest bid. That would not make our consideration of them any lesser only that they’re not able to perform under the original award. Mr. Mason: Okay and the local preference that the Commission signed off on. Now you say that’s only in reference to the second lowest bid. Ms. Johnson: Well, the way the ordinance reads and I’ve asked for a copy of the same I believe it’s 1-10-33D of our Code of Ordinances. It refers to the next lowest bidder, which would be I&E, not Ball. Mr. Mason: Do you have that somewhere? Can I hear that read, please? Ms. Johnson: I just asked Mr. McKenzie from the legal department to retrieve the ordinance. Mr. Grantham: Mr. Mayor? Mr. Mayor: Commissioner Grantham. Mr. Grantham: While we’re waiting on that and I might ask Ms. Mills did you indicate that Cross Roofing when they submitted their bid, that the bids were opened and all of the information was provided to the Recreation Department at that time --- Ms. Mills: Yes, sir. Mr. Grantham: --- and for them to notify Cross Roofing that they were the low bid? Ms. Mills: Yes, sir. Mr. Grantham: Well I think in that being the case, Mr. Mayor, we may have an opportunity for a forfeiture of bonds. Because they stayed in the game until the whistle blew and kick off started. And so with that being the case I think that we do have an opportunity there. My other question would be to find out what we have in our ordinance that allows a person to withdraw under the circumstances of a bad quote. Now if where they couldn’t obtain a bond or where they didn’t fill out all of the necessary documents and papers we take the privilege of disregarding them and omitting them as a successful bidder in any of the projects that we have. But in this case we’re not being the person to make that decision as to what happens to that individual company. So they’re electing to withdraw without our approving the withdrawal. So I think we may have some turnaround grounds in a case like this as to what has been placed against us in the past. Just food for thought. Mr. Mayor: Do we have that ordinance? 17 Ms. Johnson: We do and actually it’s 1-10-6. If I have permission to read from the same --- Mr. Mayor: Please. Ms. Johnson: --- first addressing Commissioner Bowles’ question and Commissioner Brigham’s. Sub A. Augusta Richmond County encourages the use of local suppliers of goods, services and construction projects, products rather whenever possible. That’s Sub A. Sub D. The local vendor preference policy shall be applied when the lowest bidder is within 5% or $10,000.00 whichever is less of the lowest non-local bidders. The lowest local bidder will be allowed to match the bid of the lowest non-local bidder. If matched the lowest local bidder will be awarded the contract. Mr. Brigham: Motion to approve. Mr. Bowles: Second. Mr. Mayor: We need to move on on this. I need to apply it to everybody. Mr. Hatney: You read this and I need to reply. Just one thing. Nowhere in there does it say first, second or third. Mr. Mayor: Okay. Ms. Johnson: No, but --- Mr. Mayor: Let me just interject a comment here. I do think we’ve got a motion and a second. We are going to need to move on but it speaks to a bigger issue. As we discussed as a body we have ordinances that don’t give clear direction and this is not the only one. This speaks to the need to review top to bottom as I’ve been saying for quite some time. So Commissioner Mason, did you want to? Mr. Mason: I do want to finish here. Mr. Mayor: Go ahead. Mr. Mason: I want to make an observation here based on what we do. When I say we, out at the federal government at Fort Gordon. There’s a bid here that’s $37,000 and here’s a bid here that’s $139,000. That’s a wide disparity in terms of bidding first of all. So the first thing that we would do we would go to both the high bidder and the low bidder and try to figure out something was missed in the process. When solicitation went out somebody did not understand something because there is no way possible within the bidding process that you would be over $100,000 difference between the high bidder and the low bidder. So somewhere in our procedures and our processes and I don’t know is Ms. Mills is here or not. Do we have something in place when there’s that wide of a disparity and a wide range between the high 18 bidder and the low bidder? Is there something in place that we do within this government to clear up that disparity of a $100,000? Ms. Mills: The Recreation Department contacted Cross Roofing to make sure that they could do the project for that particular price that they had bid to make sure they did not leave anything out. And also to make sure they understood what was required of the job. They responded back to them that they could do the job at that price. Mr. Mason: Okay, now this is nothing against the Recreation Department. But the Recreation Department is not Procurement. The Procurement Department is procurement. Correct? Ms. Mills: Yes. Mr. Mason: Okay, so I don’t allow anybody within my office that’s not procurement to go out and talk procurement procedures for our office. Our office handles the procurement procedures. So I would have a problem with that and if that’s the procedure that we use perhaps we need to take a look at that because I don’t think that would be the appropriate way to do it. Now having said that you said they were assured that they could. But the bottom line is that they turned back around and said they couldn’t. Right? So again there’s issues there and for us, and I heard what Ms. Johnson said but we disregard when somebody withdraws we do not use that bid as an actual bid. If they withdraw their bid they’re out of the process, period and we move down and the numerical value may move up because we lost one. Now that’s probably not something that we’re going to clear up here today. But there’s a lot of issues here with this whole procedure that calls some things into question in my mind. And I can’t support it, period the motion that’s been made here. So I’m going to make a substitute motion to deny. Mr. Holland: Second. Mr. Mayor: Okay. Mr. Brigham: --- roll call vote. Mr. Mayor: Okay. Mr. Russell, are you calling for the question as well? Mr. Russell. Mr. Russell: Two things that I want to bring to your attention. Dr. Hatney pointed out there was not a sign off on this particular issue by Purchasing. That’s a defect in the form not as much as it is in anything. None of the contracts that we have in this particular document that you look at have a sign off from Purchasing. So you notice that being absent but it’s not absent on that specific one it’s absent on all the contracts that we do. And that’s something we probably need to look at to make sure we document that. In addition to that Purchasing was involved in the process as you heard Ms. Mills say. They were contacted by Recreation and asked what next to do in this particular case then contacted the second lowest bidder in that particular case. So while it might sound initially by not having that verified on the document itself they were involved and I think the Legal Department was actually involved in determining that in the recommendation that you made here basically. I would urge you, the option at this point if you 19 do not pass this is to go ahead and re-bid everything so we’re down the 30 days or so or probably 60 days in replacing the roof on the boathouse. You know that’s an option that you have and one that we will be more than happy to deal with. But on the other hand we can go ahead and move and pass this too. So I would urge you to go ahead and pass the motion. Mr. Mason: I’d be willing to change my motion to re-bid. That would be my motion. Mr. Hatney: I second it. Mr. Mayor: Okay, you’re changing your substitute --- Mr. Mason: I changed that. My substitute motion is to re-bid it out. Mr. Hatney: I second it. Mr. Mayor: Okay, we have a --- Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: --- discussion on this one. Is the roof leaking, Mr. Beck, or is it not leaking? Mr. Mayor: Mr. Beck. Mr. Beck: Mr. Mayor, members of the Commission. Yes, the roof is in bad shape. Mr. Brigham: How bad a shape is it in, Mr. Beck? Mr. Beck: Well it um, during the high windy rains we get some rain drops inside the area and I have had to do refunding to some patrons some renting parties when it got that bad during rains. Mr. Mayor: Okay, Mr. Johnson, I’m going to take this then request somebody call for the question. Mr. Johnson. Mr. Johnson: I just want to ask Tom would 30 days hinder anything thing significantly. Mr. Beck: It’s been in bad shape for quite a while. It probably wouldn’t hurt us. But we do have, the only comment I would make this is our heavy rental season coming up in the fall so as soon as we can get a roof on that building the better off the whole city’s going to be. Mr. Mayor: Ms. Johnson. 20 Ms. Johnson: Another consideration that has to be made is the fact that you’re probably going to get higher bids as a result of re-bidding. There is not a problem here where this contract needs to be re-bid. As Commissioner Mason discussed before, I also advised when you have a bid as slow as $37,000.00 the indication is that there is going to be a problem with performance. I just ask you to bear that in mind that re-bidding is not necessarily the answer here. Mr. Mayor: I would agree with you. Once again I think that this speaks to a bigger picture issues that we need to get resolved and I would urge passage and go ahead and award the bid. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. I just want to add this. In view of the fact that we’re going through this now you know it behooves us to make sure that when we’re going to have these bids when they come in that we go through the proper procedures that we need to go through so we don’t have to come back and go through this same thing again. The Procurement Department is the department that handles these bids and it’s the Procurement Department is the department that handles these bids and it should be done, you know, correctly. And once they go through that particular department we shouldn’t have these kinds of problems in the future. So my concern is that we just do what we’re supposed to do and if we do that in the beginning we won’t have these problems that we’re having now because the Procurement Department was to be involved. Thank you. Mr. Mayor: Okay, we have a substitute motion to re-bid on the floor. If there’s no further discussion Commissioners will now vote by the substitute sign of voting. Mr. Bowles, Mr. Brigham, Mr. Grantham and Mr. Jackson vote No. Motion carries 6-4. Mr. Mayor: Okay, I believe that was the last agenda item on the regular agenda. Madam Attorney, do we need a Legal session? Ms. Johnson: We do. We have some pending and potential litigation to discuss a personnel matter. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 37. Motion to go into a Legal Meeting. Mr. Mayor: Could I get a motion to go into Legal session for the purposes of pending and potential litigation and personnel? We do not have Real Estate. No Real Estate? Can I get a motion to that effect? Mr. Hatney: So moved. 21 Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Jackson votes No. Motion carries 9-1. Mr. Mayor: We are in Legal. [LEGAL MEETING] Mr. Mayor: Ready? The Clerk: Yes, sir. 39. Motion to authorize 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 I would look for a motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s open meeting act. Mr. Hatney: So moved. Mr. Mayor: Do we have a second. Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. Mr. Russell? Mr. Russell: (inaudible) Mr. Mayor: Okay. Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Okay, Mr. Russell. Mr. Russell: Mr. Mayor if I may. Point of personal privilege. Y’all know that we’ve been looking for an HR director for the past several, more than several months. We have a candidate that we’ve had up in town --- Mr. Hatney: Tell him he don’t hold up proceedings ‘till he’s at that microphone over there. 22 Mr. Russell: I apologize, Ladies and Gentlemen. This new technology obviously requires us to use it as opposed to being able to speak around it. We do have a candidate that I would like to present to you. As you know in State we’re required to give 14 days notice to make that name publicly and provide for that at this particular point in time. What I’m doing today, sir, is just announcing the name of those particular, this particular individual and it would require a vote after 14 days of public knowledge there basically. I have copies of your resume. I’ve got copies of his resume, not your resume. Mr. Mayor: You can get one in my office from me if you need. Mr. Russell: But at this point I would like to announce I intend to bring forward for your consideration Mr. Rod Powell as an HR Director. And that’s all I need. Mr. Mayor: Okay. Thank you, Mr. Russell. And if there’s no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Nancy Morawski Deputy Clerk of Commission CERTIFICATION: I, Nancy Morawski, Deputy 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 August 5, 2008. ______________________________ Deputy Clerk of Commission 23