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HomeMy WebLinkAboutCOMMISSION MEETING December 2, 2008 REGULAR MEETING COMMISSION CHAMBER DECEMBER 2, 2008 Augusta Richmond County Commission convened at 2:00 p.m., December 12, 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 Dr. Leslie Homes, Pastor, Reid Memorial Presbyterian Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: You ready? Thank you for that wonderful prayer. By His Honor, Mayor Deke Copenhaver to Dr. Leslie Holmes, Greetings. By virtue of the power and authority vested in me by the constitution and laws of this state and pursuance of your appointment I do hereby commission you the said Pastor of the Day in the City of Augusta for providing outstanding civic and spiritual guidance as one of God’s most dependable and delightful ministers of the Gospel. Your service to our community is greatly valued especially for this occasion. Given under my hand and the Seal of the Office of the Mayor at the Municipal Building in the City of Augusta on nd this 2 Day of December in the year of our Lord 2008. Thank you so much. (APPLAUSE) Mr. Mayor: And before we get started a little trivia information for you. Dr. Holmes grew up in Belfast, Ireland and for you rock fans out there he played in a band with Van Morrison in high school. Madam Clerk? The Clerk: DELEGATIONS A. Mr. Andy Cheek. RE: Upcoming canal drainage project as it pertains to other activities on the canal. Mr. Mayor: Hello Andy. Mr. Cheek: Hello Mr. Mayor, members of the Commission. It is indeed an honor to be before you this day. Prepared for you are some documents that have been presented to you. One is noted Regular Meeting July 1, 2004 which outlines monies set aside in the form of $2 million dollars for repairs and improvements to the Augusta Canal above the Pumping Station. Also a reminder on April 18, 2006 that the money returned from the bond swap was indeed earmarked since it was utility money to go for the repairs and improvements to the largest pipe in the City of Augusta the Augusta Canal. Also July 5, 2007 a similar note about the bond swap and the monies that were returned as a result of us transferring that over to go towards repairs and improvements to the Augusta Canal. And so you have before you a stack of documents that should once and for all clear away any confusion that you may have or lapse of memory that the money was set aside by an action of the Commission in an unanimous vote that nearly $3.2 1 million dollars be set aside for the repairs and improvements of the Augusta Canal. The Augusta Canal is the oldest and most important public park in the history of the City of Augusta. In 1847 it literally saved Augusta from disappearing from the face of the earth in that many locally want it to remain and keep it as an aquaria or trading post town. The fathers of this city saw fit to build a canal. It was later expanded and became the industrial giant of the south. The reason I am here today is over the course of the last few months as I promised you before I left as a Commissioner that I would watch this important resource and report back to you personally my concerns with the Augusta Canal. Many of you don’t have the time to spend down on a lot of the places along the canal. I do, I play down there. It’s near and dear to my heart. It’s one of my most cherished playgrounds as a child and as an adult. Through the course of the summer I have discussed with the Administrator and with the Mayor and two months ago discussed again my concern over the progress being made toward the repairs. If you remember the recent engineering study done by Cranston, Reed 7, which is roughly across from Warren Lake, was deemed being in need of immediate attention because water was flowing through the diversion dam. I’ll remind you the width of the diversion dam at that point is between 25-30 feet which is very thin for the amount of water flowing through there. Also things that have come to light that concern me greatly is the fact that we will be drawing the canal down in January for the first time in over 50 years. Having been one of the few members of the Commission that actually put a wet suit on and swam the entire length of the canal I got a birds eye view of the problems that occurred, have occurred as a result of the neglect of those past 50 years and the need for the repairs in order to preserve this resource for the next 100 years for our children’s children as our forefathers did. And so as the scope began to emerge or better yet the absent of scope from the upcoming drainage for the expansion to the pumping station it became quite clear that not only did members of the Commission not know the scope of the work and things to be done the Canal Authority, local archeological societies, members of the community other people were just completely unaware of the scope of the work that was going to be conducted during the period of time when this vital resource was drained down for the first time in 50 years. I’m here today to express concern and I’ll start at the top of the canal. Reed Creek which is the drainage from the effluent from Columbia County’s Waste Water Treatment Plant and other surface water runoff has silted in the area at the head gates to the point that it is unsafe and un-navigable. The area across from where Reed Creek comes in is one of the thinnest areas of the towpath, roughly 25- 30 feet thick. And every time the silt continues to protrude into the canal it pushes the water flow against that eastern wall causing more erosion. The worst thing that we could have happen is a failure of the canal towpath causing us to scramble to try to repair and provide a resource that would supply 60% of the water to the citizens of this city. That area is in desperate need of dredging. From there down the entire western side of the Augusta Canal is completely littered -- - Mr. Mayor: Andy I hate to tell you but the 5 minutes are up. So out of deference to the two other delegations that we have on the agenda I think it would only be fair that here again that each gets 5 minutes. So I would give it any time for questions from the Commission. Commissioner Bowles. Mr. Bowles: Mr. Mayor, it seems by looking at these minutes that Mr. Cheek is correct that $3 million dollars were allocated and I would like the Administrator to take a look and see of 2 those funds which were spent and just give a report back either to Public Service or Finance Committee at the next Finance Committee meeting. Mr. Russell: Yes, sir. Mr. Mayor: Okay. Thank you, Andy, and once again in fairness to everybody. Mr. Cheek: Mr. Mayor, as a closing comment if you will. This is the most important resource in the city and if we allow this opportunity to clean and repair it that will occur in January then there will be great neglect on the part of the city leadership to take care of something that was left and is the most important and vital resource. Mr. Mayor: Okay. Mr. Cheek: I understand. And as I’ve said before I’m ready to volunteer to help serve in any way possible to help expedite or provide any assistance in making sure these things happen. Mr. Mayor: Okay. Thank you so much for your comments and for your input. Madam Clerk, next delegation. The Clerk: DELEGATIONS B. Mr. David A. Jackson. RE: Issue(s) concerning Hyde Park and unfair views concerning the area. Mr. Mayor: And, Mr. Jackson, if you could keep it to 5 minutes as well, please, sir. Mr. Jackson: How are you guys doing? Thank you for allowing me to be here at the Commission. I would like it for my consultant to stay with me if it was fine. Mr. Mayor: What’s that? Mr. Jackson: My consultant. Mr. Mayor: That’s fine. Mr. Jackson: All right. I’m here today to talk about the views that everybody are looking at Hyde Park about. What I mean about unfair views is I don’t want to go back and forth with the Commission about this issue but when you hear Commissioners like Don Grantham come out and say things like the people in the residences need to clean up their neighborhood and different things like that, that’s unfair. It’s the city’s job to clean up the ditches. It is the resident’s responsibility to keep their yards clean. And some other things I’d like to talk about which is dear to my heart. I have a mother and a father that’s still staying in Hyde Park. I mean it’s very dear to me that they’re still staying in a hot spot and possibly getting sick. My nieces run around sick and there’s nothing being done. But yet $10 million dollars was spent on a 3 junkyard you know to get it cleaned up and nothing for the resident’s. And we would like as residents as a whole we would like that Don Grantham be removed off the subcommittee. Mr. Mayor: Sir, I will tell you this. This is a forum to make comments not a forum to personally attack Commissioners. Mr. Jackson: I wouldn’t do that. Mr. Mayor: I would appreciate it if you would --- Mr. Jackson: It touches my heart when I see kids still running around playing in this stuff and there’s nothing being done. I mean it’s just bad land. It hasn’t been assessed in what, 4 years? And then they’re going out with these little small checks. It’s just not fair Mayor. Mr. Mayor: Okay, is that the end of your presentation? Mr. Jackson: No, I would like for him to say something because we do have a plan if it would be looked at. And I would like to talk to the Commissioners alone if I had a chance you know one day set aside that --- Mr. Mayor: Okay. Mr. Jackson: --- we can talk about these issues. Mr. Mayor: I will tell you Commissioner Johnson represents that district and is also on the committee. So I would say that he would be the appropriate Commissioner to talk to about issues facing Hyde Park. Thank you so much. Commissioner Bowles. Mr. Bowles: Mr. Mayor, just in fairness to Commissioner Grantham. I was at a meeting in my neighborhood last night in West Augusta off Walton Way and Kamel West where Mr. Grantham again said if you want your neighborhood to be beautified you need to get out and pick up trash. So it’s nothing against one neighborhood or another it’s just he would appreciate community activity in cleaning out ponds and lakes because the city can’t do it all. Mr. Jackson: Okay, that’s true but they hadn’t --- Mr. Bowles: Sir, I wasn’t asking for a response. I was just making a statement like you were. Mr. Mayor: Sir, and once again --- Mr. Jackson: That’s the kind of attitude that the residents --- Mr. Mayor: Sir? Mr. Jackson: --- of Hyde Park get. 4 Mr. Mayor: Okay, but you had completed your presentation. Mr. Jackson: I’m proud of my city but this is not right. Mr. Mayor: Thank you, sir. Okay. Mr. Jackson: I mean it’s not. Y’all can take it how you want. Mr. Mayor: Okay. Madam Clerk, next delegation. The Clerk: DELEGATIONS C. Mr. Frank Thomas, Director of Human Relations Commission. RE: Elimination of the Human Relations Commission. Mr. Speaker: Thank you. I am Robert Smalley, the Chair of the Human Relations Commission and Mr. Thomas has allowed me to thank you for inviting us today. The first that we had heard that perhaps HRC was going to be closed was reading it in the Augusta Chronicle nd on Wednesday October 22. I immediately sent a letter to the full members of the Finance Committee explaining why that should not happen. I’ve understood my fellow Commissioners and by the way there are nine currently seated that are appointed by Madam Mayor Pro Tem and you nine gentlemen. Nine of them are appointed six are present with me today. So you haven’t heard from us. The reason two others are not they’re actually working the polls today doing their civic duty. So eight out of the nine are accounted for. I’d like to just say to you that in the last twelve months we’ve had 1500 inquiries from citizens in Richmond County to the HRC. Of those 1500 inquiries we’ve actually worked 500 non-federal cases where it was not alleged to be a federal discrimination offense and we’ve closed over 100 Title 7 and age discrimination cases. These are all cases for residents of Richmond County. In addition to that I’ve sent each of you a letter outlining statistics for claims that have been filed with us for citizens of the surrounding areas for which we receive a $50.00 fee and forward it on to Atlanta to the EEOC. Thank you. Mr. Thomas. Mr. Thomas: Good afternoon, Lady and Gentlemen. Thank you for allowing me to be here. I’ll get out of your way shortly. I just want to say thank you for allowing me to work and do my job for the number of years that I’ve been here. Just let me say that this year starting in 2008 we targeted incorporation with the Equal Employment Opportunity Commission. We targeted young people who are entering the world of work for the first time. I sent people, nine people into all of the majority of the high schools letting people know that they have a responsibility to the job but that they have a right to protest inappropriate sexual comments made by people who they work for just to keep a job. We purchase radio ads, we purchase weekly newspaper ads and we are targeting young people who are entering the world or work for the first time. And finally let me say in your packages that you should have there is our letters from the Equal Employment Opportunity Commission data that shows you what we’ve done over the 5 years. And finally let me say that my staff are dedicated people and they are willing to work reduced hours at reduced pay to continue to do the job they do. Thank you very much. Mr. Mayor: Thank you, Mr. Thomas. Do we have any comments or questions from the Commission? Okay, thank y’all for your presentation. Madam Clerk, we will now call the consent agenda. The Clerk: I call your attention to our consent agenda, which consists items 1-39, items 1-39. Consent agenda items 1-39. Mr. Mayor: Okay, do we have any additions to the consent agenda? Not that we have a lot to add to the consent agenda but. Okay, no additions to the consent agenda? Commissioner Bowles. Mr. Bowles: I’d like to make a motion to add item #43. There was no recommendation because one Commissioner had to abstain for a conflict of interest. Mr. Mayor: Okay. Do we have any further additions to the consent agenda? Okay, do we have any items to be pulled for discussion? Commissioner Mason. Mr. Mason: Mr. Mayor, since we didn’t add items 40, 44 and 41 which are the same I think it’s only appropriate to pull item #4. They’re all one in the same. Mr. Mayor: Okay, I guess we can take care of all three. Kill three birds with one stone. The Clerk: We have a companion item under Engineering Services I believe. Mr. Mason: Is there another one floating around? Mr. Bowles: Thirty-two. The Clerk: Yes, thirty-two. Mr. Mason: All of them look like that. The Clerk: Thirty-two. Mr. Mayor: Okay, that’s 4 and 32? Commissioner Grantham. Mr. Grantham: Mr. Mayor, under those circumstances Mr. Mason has brought up I sense a couple of them were put under consent and I was concerned because in the, in my email I didn’t receive the total package. It may have been a fault of my system. Today I received what was requested last week of the Administrator showing the job description changes, the amount of dollars and the positions that would be changed. So I would like to see us make an additional step in this direction that we delete item #41 and 44 and not have discussions on it since those 6 two have been discussed in all of our committee meetings last week and that two of them on consent that we consent all of them. Mr. Mayor: Okay, let me just get my head around this one. Is there --- Mr. Bowles: You don’t have unanimous consent of that, Mr. Mayor. Mr. Mayor: Okay. Mr. Grantham: All right. Mr. Mayor: Okay, so we’ll pull four and thirty-two but I would say that we would be able to dispose of all of them when we vote on it first. Okay? Commissioner Bowles. Mr. Bowles: Mr. Mayor, I’d like to pull item 14 please. Mr. Mayor: Okay, do we have any further items to be pulled for discussion? Mr. Brigham: Mr. Mayor --- Mr. Mayor: Commissioner Brigham. Mr. Brigham: --- I don’t know if I want to pull it but you could clear it up if on the ratification of Mr. Russell’s letter to the Administrator to proceed with leasing the lock and dam. I believe that when we passed the budget we did not include the funding for that. I’d like to know where the funding’s coming from. If not if that’s the case maybe we do need to discuss it. Mr. Mayor: The agenda item number again on that is? Mr. Brigham: Thirty-nine. Mr. Beck: Mr. Mayor? Mr. Mayor: Yes, sir, Mr. Beck. Mr. Beck: I think I can answer the question. The funding for the lock and dam is in the budget, the ’09 budget. Mr. Brigham: I thought it was eliminated in the presentation you made for the work session on whatever day that was. Mr. Beck: The funds were put back in for the lock and dam. Mr. Brigham: I don’t remember that but if you say it was I’ll accept it. 7 Mr. Mayor: Okay. Okay, any further items to be pulled or added to? If not if I could get a motion to approve the consent agenda. Mr. Hatney: So moved. Mr. Mason: Second. CONSENT AGENDA PUBLIC SERVICES 1. Motion to approve the lowest bid meeting specification on Bid Item #08-134A to Cybex International, Inc. in the amount of $46,624.70. (Approved by Public services Committee November 24, 2008) ADMINISTRATIVE SERVICES 2. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the South Augusta Neighborhood: 1936 Third Avenue, (District 2, Super District 9), 2851 Thomas Lane, (District 5, Super District 9); Turpin Hill Neighborhood: 1553 Dunns Lane, 1604 Garlington Avenue, (District 2, Super District 9); East Augusta Neighborhood: 124 Pollard Drive, (District 1, Super District 9); South Richmond Neighborhood: 2316 Travis Road, (District 6, Super District 10); 704 Done ND Roven Road, (District 8, Super District 10); AND WAIVE 2 READING. (Approved by Administrative Services Committee November 24, 2008) 3. Motion to approve renewal of contract with BlueCross BlueShield of Georgia (BCBS) as Augusta’s Medical Insurance Provider. (Approved by Administrative Services Committee November 24, 2008) 5. Motion to approve an Ordinance to amend the Augusta Richmond County Code; to create new Chapter 5 to Title II (Finance and Taxation) called “Chapter 5, called “Article 1 Identity Theft Prevention Program”; to create a new Article 2 to the new Chapter 5 called “Article 2 Treatment of Address Discrepancies”; to comply with federal regulation relating to red flags and identify theft; to provide for codification; to provide for severability; to provide for an adoption date; to provide an effective date; and for other purposes allowed by law. (Approved by Administrative Services Committee November 24, 2008 and October 27, 2008) 6. Motion to approve a request to approve the allocation of supplementary funds to satisfy the Law Department operating budget for the remainder of FY 2008. (Approved by Administrative Services Committee November 24, 2008) 7. Motion to adopt the Laney Walker/Bethlehem Redevelopment Plan, authorize partial funds of $356,000 and authorize City Administrator to begin process of identifying bond resources for project. (Approved by Administrative Services Committee November 24, 2008) PUBLIC SAFETY 8. Motion to amend the contract with McKnight Construction Co. for construction of the Webster Detention Center Expansion, by including the Alternate Bid for construction of the Female Pod. (Approved by Public Safety Committee November 24, 2008) 8 9. Motion to approve the selection of Adcap Network Systems, Inc. for Request for Proposal (RFP) #08-162A, Cisco Certified Vendor. (Approved by Public Safety Committee November 24, 2008) 10. Motion to approve the selection of Gibson Technical Services for Request for Proposal (RFP) #08-130A, Wireless Internet Services. (Approved by Public Safety Committee November 24, 2008) 11. Motion to approve a Memorandum of Understanding (MOU) between ATG Communication, LLC and the City of Augusta. (Approved by Public Safety Committee November 24, 2008) FINANCE 12. Motion to approve the purchase of one SWAT emergency response vehicle for Sheriff’s Office – Narcotics Division. (Approved by Finance Committee November 24, 2008) 13. Motion to approve Funding for the December 2, 2008 Runoff. (Approved by Finance Committee November 24, 2008) 15. Motion to approve abatement of all County Ad Valorem Taxes on Land Bank owned property. (Approved by Finance Committee November 24, 2008) 16. Motion to approve the allocation of supplementary funds to satisfy the Law Department operating budget for the remainder of FY 2008. (Approved by Finance Committee November 24, 2008) 17. Motion to approve refund recommendation from the Board of Assessors excluding the account of Elite International Jewelry. (Approved by Finance Committee November 24, 2008) 18. Motion to approve the Vehicle Oversight Program and purchase of GPS tracing systems and tracking subscription. (Approved by Finance Committee November 24, 2008) 19. Motion to approve an application for a grant for start up and operational costs for the Superior Court Drug Court for the period of July 1, 2008 through June 30, 2009. (Approved by Finance Committee November 24, 2008) ENGINEERING SERVICES 20. Motion to approve an Option for Right-of-Way between Robert G. Hamilton III, as owner, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, consisting of 0.041 acre (1,787.79 square feet) in fee and 0.015 acre (639.53 square feet) of permanent construction & maintenance easement and one temporary driveway easement for the property located at 1071 Alexander Drive, for a purchase price of $41,000.00. (Approved by Engineering Services Committee November 24, 2008) 21. Motion to approve an amendment to the contract with Stevenson & Palmer Engineering, Inc. for inspection services associated with completion of the Main Interceptor Upgrade in an amount not to exceed $72,037.50. (Approved by Engineering Services Committee November 24, 2008) 22. Motion to approve Utilities Fire Hydrant Meter Use Policy. (Approved by Engineering Services Committee November 24, 2008) 23. Motion to approve the award of Purchase of one Bulldozer to Tractor & Equipment Company, the Lowest Bidder in response to Bid Item 08-187. (Approved by Engineering Services Committee November 24, 2008) 9 24. Motion to approve Awarding of Utilities Bid #08161B to Badger Meter as the Only Qualified Bidder. (Approved by Engineering Services Committee November 24, 2008) 25. Motion to authorize condemnation to acquire title of a portion of properties designated as Tax Map 013-1, Parcels 037, 038, 039 and 040 located at 1024, 1026, 1028 and 1030 Alexander Drive for Right-of-Way acquisitions and permanent and temporary easements for the Alexander Drive Project. (Approved by Engineering Services Committee November 24, 2008) 26. Motion to authorize condemnation to acquire title of a portion of property, designated as Tax Map 013-3, Parcel 010 located at 1090 Alexander Drive for a permanent and temporary easement for the Alexander Drive Project. (Approved by Engineering Services Committee November 24, 2008) 27. Motion the authorize condemnation to acquire title of a portion of property, designated as Tax Map 013-3, Parcel 006 located at 1078 Alexander Drive for a permanent and temporary easement for the Alexander Drive Project. (Approved by Engineering Services Committee November 24, 2008) 28. Motion to authorize condemnation to acquire title of a portion of properties designated as Tax Map 008-3, Parcel 001-01 located at 998 Alexander Drive for right-of-way acquisitions and permanent easements for the Alexander Drive Project. (Approved by Engineering Services Committee November 24, 2008) 29. Motion to authorize condemnation to acquire title of a portion of property, designated as Tax Map 099-3, Parcel 003 located at 2602 Mike Padgett Highway for a permanent and temporary easement for the Rocky Creek Sanitary Sewer. (Approved by Engineering Services Committee November 24, 2008) 30. Motion to approve Resolution Transmitting the Augusta Richmond County Joint Solid Waste Management Plan to the CSRA Regional Development Center and the Department of Community Affairs. (Approved by Engineering Services Committee November 24, 2008) 31. Motion to approve Change Order #3 to the existing construction contract with Oscar Renda Contracting to provide for changes to original construction requirements as listed in the attached Change Order #3 documentation. (Approved by Engineering Services Committee November 24, 2008) 33. Motion to approve the execution by the Mayor and Clerk of Commission of quitclaim deed to Osbon Properties, LLC of any interest Augusta, Georgia may have in the property located at 842 Reynolds Street (map/parcel 037-3-103-00-0). (Approved by Engineering Services Committee November 24, 2008) 34. Motion to approve an Option for Right-of-Way between ATC Partnership, as owner, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, consisting of the following properties; Project Parcel No. 16, 1075 Alexander Drive, Tax Map 013-0 Parcel 007-02 consisting of 0.097 acre (4,246.59 square feet) in fee and 0.096 acre (4,198.97 square feet) of permanent construction & maintenance easement and one temporary driveway easement for a purchase price of $56,800.00. Project Parcel No. 18, 1073 Alexander Drive, Tax Map 013-0 Parcel 007-01 consisting of 0.044 acre (1,930.17 square feet) in fee and 0.020 acre (874.60 square feet) of permanent construction and maintenance easement and one temporary driveway easement for a purchase price of $38,000.00. (Approved by Engineering Services Committee November 24, 2008) 35. Motion to approve a resolution creating street lighting districts as requested by Traffic Engineering. (Approved by Engineering Services Committee November 24, 2008) 10 36. Motion to deny a request from Wardco Properties for the removal of solid waste fees from their tax bill and a permanent exemption from the Solid Waste Collection Program. (Approved by Engineering Services Committee November 224, 2008) PETITIONS AND COMMUNICATIONS 37. Motion to approve the minutes of the regular meting of the Commission held on November 18, 2008. APPOINTMENT(S) 38. Motion to approve the Mayoral appointment of Ann H. Helms to the ARC Citizen’s Small Business Advisory Council. ADMINISTRATOR 39. Motion to ratify the letter of authorization to the Administrator to proceed with the renewal of the lease between Augusta U.S. Army Corps of Engineers for operations of the park and navigational lock at New Savannah Bluff Lock and Dam. FINANCE 43. Motion to approve a refund recommendation from the Board of Assessors for Elite International Jewelry. (No recommendation from the Finance Committee November 24, 2008) Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual sign. Mr. Brigham abstains. Motion carries 9-1. [Item 43] Motion carries 10-0. [Items 1-3, 5-13, 15-31, 33-39] Mr. Mayor: Okay, Madam Clerk, let’s go to item number --- Mr. Brigham: Mr. Mayor? Mr. Mayor: Excuse me. Commissioner Brigham. Mr. Brigham: Can I get a, I must state that I had to abstain on item #43. There was a conflict of interest. The Clerk: Okay. Mr. Mayor: Duly noted. Let’s go to item #14, Madam Clerk. The Clerk: 11 FINANCE 14. Motion to approve a request from Hewlett Packard Financial Services regarding a refund of taxes for equipment for the tax years 2003 and 2004. (Approved by Finance Committee November 24, 2008) Mr. Mayor: Mr. Bowles, I believe this was yours. Mr. Bowles: Yes, sir, thank you, Mr. Mayor. I’d just like some clarification and a recommendation from Mr. Hicks, please. Mr. Hicks: Thank you, Mr. Mayor and Mr. Bowles. The recommendation from the Board of Assessors was that this particular request be denied. It was a request for a refund for years 2003 and 2004 which are outside of the 3-year window. That is contained in OCGA485380. And given that it’s outside of that 3-year window our recommendation was that it not be approved. Mr. Bowles: Mr. Mayor I’d like to make a motion that we deny this request. Mr. Brigham: Second. Mr. Mayor: We have a motion and a second. Is there further discussion on this? Mr. Johnson: I have something. Mr. Mayor: Okay, Commissioner Johnson. Mr. Johnson: Yes, now exactly what is it? Mr. Hicks: Under Statute 485380 a taxpayer has three years from the point in time the taxes are paid to request a refund of the taxes. Mr. Johnson: Okay. Mr. Hicks: In this particular incident a refund request for years 2003 and 2004 is being made in 2008 which is beyond the 3-year window. Mr. Johnson: Okay, thank you. Mr. Mayor: Commissioner Mason. Mr. Mason: Is there anyone here from Hewlett Packard or whomever is asking for this refund? Mr. Mayor: Commissioner Holland. Mr. Holland: What was your recommendation? 12 Mr. Hicks: To deny the refund request. Mr. Holland: Oh, okay. Mr. Holland: 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 guess we’ll take 4, 32, 41 and 44. The Clerk: Those are all companion items. I’ll read the caption. The Clerk: ADMINISTRATIVE SERVICES 4. Motion to approve Revised Job Descriptions in the Tax Assessor’s Office, Recreation and Utilities Departments with additional documentation to be provided showing which jobs will be eliminated and the resulting cost savings. (Approved by Administrative Services Committee November 24, 2008) ENGINEERING SERVICES 32. Motion to approve Revised Job Descriptions in the Tax Assessor’s Office, Recreation and Utilities Departments with additional documentation to be provided showing which jobs will be eliminated and the resulting cost savings. (Approved by Engineering Services Committee November 24, 2008) PUBLIC SERVICES 41. Approve Revised Job Descriptions in the Tax Assessor’s Office, Recreation and Utilities Departments. (No recommendation from Public Services Committee November 24, 2008) FINANCE 44. Approve Revised Job Descriptions in the Tax Assessor’s Office, Recreation and Utilities Departments. (No recommendation from Finance Committee November 24, 2008) Mr. Mayor: All the ones that look alike --- The Clerk: Yes, sir. Mr. Mayor: --- as Commissioner Mason said. Commissioner Bowles did you have a, did you have --- Mr. Bowles: Yes, just a question for Mr. Russell. I see that you have the proposed cuts and description changes. Are all of the proposed cuts salaried positions or is some of it supplies and other items? Mr. Russell: I think in Recreation there were some supply cuts but as you see most of the balance of that is positions that are listed. 13 Mr. Bowles: What concerns me with that is if there are supply cuts, are they going to be supplies that are going to be put back in for next years budget. Mr. Russell: No, sir. The program that we’re trying to do is to allow the directors to correct some equities in their staffing issues there. The dollars that are made available to do that are dollars that will not be replaced. And that’s part of the program we’re looking at. In addition to that we have other and this is the first of several I think that we’ll be bringing back to you as we try to, I don’t want to use the word right size but we try to apply the job descriptions in a better way that we have in the past and do so with a savings manner. And that’s the way we’re trying to do that is to make sure that it comes out with a net gain for the community. We right size, I said it anyway, we right size the job description with the span of control that they have and try to flatten the organizations a little bit to have some long term savings. Mr. Bowles: I’m just trying to make sure you’re right sizing and not super sizing. Mr. Russell: No, sir, you’ll find that right is the word we’ll be using for the next twelve months at least, sir. Mr. Bowles: Thank you, sir. Mr. Mayor: Commissioner Mason had his hand up and then I’ll come to Commissioner Beard. Mr. Mason: Thank you, Mr. Mayor. Given the fact that you know we just had an opportunity to take a look at this I really don’t feel comfortable at this point voting on this today. I would like an opportunity to take a look more in depth and if I have some specific questions or other Commissioners have some specific questions in regards to this we’d have that opportunity before trying to make a quick decision today. I’m not saying that there’s anything necessarily wrong but I would a fair opportunity to look at this, Mr. Mayor, and make a determination. So I would make a motion that we bring this back before the Commission to our next commission meeting. That would give us an opportunity to look at this documentation here and ask any pertinent questions that would be necessary of our City Administrator. Mr. Mayor: We have a motion is there a --- Mr. Holland: I second that motion, Mr. Mayor. Mr. Mayor: Okay. Mr. Russell is there, um, Ms. Beard. Ms. Beard: Well, Mr. Mayor, I didn’t quite understand that because this has been before us numerous times. We’ve gone over it and over it and over it and I’m very comfortable with what is here. You know I’d like to know how the others feel because it’s; you know it could be that you were out of town the very last time. But with some of these we’ve been working with it since spring. 14 Mr. Mayor: Okay, thank you, Ms. Beard. Commissioner Grantham. Mr. Grantham: Mr. Mayor, the comments I made earlier alluded to that fact that I had requested Mr. Russell to present this information to us. It was not that we were questioning the method in which they were taking but it was just getting a list of the positions that were being eliminated and those that were being changed in order to provide the proper descriptions of their jobs. And now that they have provided that you know that’s the confidence I think that we need to put in the staff as to what they’ve done based on our requests and what they explained to us at our committee meeting last week. If Ms. Beard said this has been an ongoing process and I think one that has been taken very seriously by our department heads that are making these So I’m going to make a substitute motion that we approve as presented. recommendations. Ms. Beard: I’ll second that. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: Mr. Administrator. Mr. Russell: Yes, sir. Mr. Hatney: I think we, this is the same stuff we was talking about. I just wanted to make sure there wasn’t any difference in the money even though you were eliminating some jobs. Is this the same discussion here? Mr. Russell: Yes, sir. The only thing you have new is the actual, is the organizational charts that were requested and the total sheet that actually shows the numbers and the jobs. That’s, the balance of that in the book is what we talked about last week, sir. Mr. Mayor: Okay, we have a substitute motion and a second. Is there any further discussion? Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. What is the substitute motion again? The Clerk: To approve. Mr. Mayor: It’s to approve. Commissioner Brigham. Mr. Brigham: Mr. Russell, would you clear up? You know I’m a little simple some times. I need to know how many jobs we’re eliminated, how many we’re upgrading. I see several of them highlighted but I can’t tell from the highlighting which ones were eliminated and which ones were upgraded. So if you could tell me the number that was eliminated and the number that was upgraded I’d feel a whole lot better about this. Mr. Russell: Okay, let me start with the number that were eliminated. In the Tax Assessor’s Office we eliminated one, Utilities we eliminated 1, 2, 3, 4, 5, 6 and in Recreation we eliminated one full time and two part time positions. And I do not have in front of me the ones 15 that were upgraded. It’s in your backup. I can’t give you those numbers without a few seconds to look through that. Mr. Holland: Mr. Mayor? Mr. Mayor: Commissioner Holland. Mr. Holland: Mr. Mayor, that’s exactly what we’re talking about. In view of the fact that we don’t understand and don’t have all the information here that’s why we feel it’s necessary to go back and take a look at it and then revitalize it and evaluate it then come back and give everybody and opportunity to ask some more questions if need be. Because it appears you know several people here don’t understand what the descriptions are and what we have on these revitalizations. So since everybody has asked, we have some people asking questions I just think it’s necessary to give us an opportunity to go back and just revisit it. Mr. Mayor: Thank you, Commissioner Holland. Commissioner Hatney. Mr. Hatney: Mr. Administrator. Mr. Russell: Yes, sir. Mr. Hatney: Are these, two more weeks won’t hurt this will it? Mr. Russell: We’ve been working on this for about --- Mr. Hatney: I understand that but two more weeks won’t hurt it. That’s what I’m asking. Mr. Russell: No, sir. Mr. Hatney: Okay, thank you. Mr. Mayor: Okay. Commissioner Beard. Ms. Beard: I’d like to mention that he had the information for two of the different departments. There was one left, Recreation and Mr. Beck is here. Mr. Mayor: Okay. Ms. Beard: Would Mr. Beck like to speak in reference to? Mr. Mayor: Mr. Beck? Mr. Russell. Mr. Russell: Actually the number of positions that were eliminated were the ones I just gave you. The ones that are actually increased there were eleven in the Recreation Department, two in the Assessor’s Office and approximately, not approximately, 64 in the Utilities Department. 16 Mr. Mayor: Okay. Mr. Hatney: Eliminated? Mr. Russell: No, they were the ones that were impacted on the changes. The eliminated positions were one Senior Property Appraiser in the Tax Assessor’s Office, a Civil Engineer, a Mapping and Drafting Technician Team Leader, Maintenance Worker II, an Operations Manager, a Property Maintenance Supervisor and a Water Treatment Operator in Utilities. And in Recreation a Head Administrative Assistant II and two part time positions. Mr. Mayor: Okay. Are there any further questions at this point? Okay we have a substitute motion and a second the substitute motion being to approve. Commissioner will now vote by the substitute sign. Mr. Holland and Mr. Mason vote No. Mr. Hatney abstains. Motion carries 7-2-1. Mr. Mayor: Okay, Madam Clerk, next agenda item, which I guess would be forty I believe. The Clerk: PUBLIC SERVICES 40. Motion to approve an Ordinance to amend the Augusta-Richmond County Code Article One Section 3-7-29 relating to lewdness and indecent exposure so as to prohibit indecent exposure caused by saggy pants; to repeal all code sections and ordinances and parts of code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. (No recommendation from Public Services Committee November 24, 2008) Mr. Mayor: Commissioner Johnson, I believe this one is yours. Mr. Johnson: Thank you, Mr. Mayor. Due to the reason, or the fact that we have exists an ordinance now, which is indecent exposure ordinance that lies on the books as we speak. I don’t see a probable cause to create and addition to this particular ordinance but it sill relates to what the concern is and what we really can enforce and that’s the exposure of flesh or body parts or what have you. So with that I’d like to withdraw this and as leaders of this city and the community of course that we can come together with our civic churches, civic organizations and the Board of Education and see what kind of curriculums can be established to help address these issues throughout the community along with the parents in the households. I think this is something that is of course a huge disparity in our community. It’s definitely something everybody’s paying attention to but I don’t see this ordinance really addressing the actual concern. Appropriately it’s really unfair or unjust to really efficiently really address this issue. So this is definitely a moral problem. It’s something that I think a lot of us agree that it is an 17 issue in our city as well as other cities. But I think that at this time the particular ordinance really states as being what it was before, what it is we really can do and do I guess to be able to enforce I’d like to withdraw this particular ordinance and we look at legally if you will. So with that partnering with our like I say civic organizations and churches and the Board of Education to address this issue . Mr. Mayor: Would you like to put that in a form of a motion? Mr. Johnson: I will. Mr. Mason: Second. Mr. Mayor: We have a motion and second. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. First of all I’d like to commend Mr. Johnson for even coming forward with and ordinance of this particular nature. Simply because we as elected officials need to let our constituents and our community know that even though we are elected officials locally, internationally and statewide one thing we cannot do. We cannot legislate morality and cannot legislate self-respect. But we want our community to know especially our young people we want them to know that we are very much concerned. We’re concerned about their personal safety, we’re concerned about their personal appearance, we’re concerned about everything that they do within this community. We’re just not concerned about infrastructure, revitalizing and things of this particular nature. Since we were elected officials we need to be concerned about all aspects of our community and all of the people of our community. So you know in terms of their personal appearance this is something that needs to start in the home. And I commend Mr. Johnson focusing on this because I’ve received a number of phone calls, it’s been on the radio, it’s been on the television and since it has been focused upon there probably we’ll will have some changes that will be made within the community and parents will take a part in working with their children and make this change become a reality. Along with the school, Dr. Bedden, along the churches. So we need to come together as one and as a team and work much harder to work with our young people and make them more self-respectful of themselves. And once again I commend you for doing this and for focusing on this because it is something that we need to really address. Thank you, Mr. Mayor. Mr. Mayor: Thank you, Commissioner Holland. Okay, we have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Mason: This is to withdraw right? Mr. Mayor: Yeah. Mr. Mason: Not approve? Mr. Mayor: Yeah. Motion carries 10-0. 18 Mr. Mayor: Okay, Madam Clerk, I believe what is our final agenda item. The Clerk: PUBLIC SERVICES 42. Motion to approve the renewal of a six-month lease with Georgia Golf Hall of Fame (GGHF) for operation of the Botanical Gardens. (Approved by Public Services Committee October 27, 2008 deferred from the November 5, 2008 Commission until action was taken on the 2009 budget) Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, if I may, due to the action on the budget last week I would be, it would be appropriate if there was a motion to not approve the renewal of the lease. Mr. Bowles: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Mr. Mason: What is the motion? The Clerk: To not approve, to deny. Mr. Mayor: The motion is to not approve. Mr. Mason: Then I need to have my vote stricken because I voted the wrong way. The Clerk: Do you want to redo your vote --- Mr. Mason: I do. The Clerk: --- Mr. Mason? Okay, just vote again. Okay. Mr. Bowles: Who says there are no second chances. The Clerk: Is that what you wanted to vote, Mr. Mason? Mr. Mason: It is. Ms. Beard votes No. Motion carries 9-1. 19 Mr. Mayor: Ms. Beard? Ms. Beard: Mr. Mayor, I’m voting no to make a statement. I am sorry to see it closed. We have put so much money and time into it. When I think what is going to happen to these plants I really hate to see it. So just a point. Mr. Mayor: And, Ms. Beard, I will tell you I put time and energy into the effort for a long period of time to get them to reopen. I agree with you it’s just a sad thing. But as I share with so many of you today it’s hard to promote the city continuing to fund what is ultimately a state owned facility. So I agree with you it is a sad situation we’re facing. Mr. Johnson. Mr. Johnson: Thank you. I’d just like to make one more statement. First of I’d like to thank everybody that did support this issue that we brought up in relation to the sagging pants. And all those that came up and offered their support. I would just like to ask them and challenge them to come out and continue to work with us in dealing with this issue throughout the community as well as with the parents, the civic organizations again, the churches and also our teachers and our principals because I did get an overwhelming amount of support in this. And I’d just like to say thank you for all the support that everybody did in this effort to deal with this issue. Thank you. Mr. Mayor: Thank you. Madam Attorney, I believe we need a legal session. Ms. Johnson: We do. We have some real estate matters as well as pending litigation to discuss. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 45. Motion to go into a Legal Meeting. Mr. Mayor: Could I get a motion to go into legal session to --- Ms. Beard: So moved. Mr. Mayor: --- for those purposes. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Bowles, Mr. Jackson and Mr. Grantham vote No. Motion carries 7-3. 20 Mr. Mayor: We are in Legal. [LEGAL MEETING] The Mayor: You ready, Madam Clerk? The Clerk: Yes, sir. Mr. Mayor: I’ll go ahead and call the meeting back to order. 47. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Hatney: So moved. Mr. Mason: Second. Mr. Mayor: Commissioners will now vote by the usual sign. Mr. Bowles out. Motion carries 9-0. Mr. Mayor: And, Madam Attorney, I believe you had one add and approve. Ms. Johnson: I do. ADDENDUM 46. Motion to add and approve the ratification of the representation of attorneys Bell, Shepard and Jackson on behalf of Augusta Richmond County in the matter of Walker County, Georgia v. Tri-State Crematory, et al, Case No. S08C1908. Mr. Mayor: Can I get a motion to that affect? Mr. Johnson: So moved. Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Bowles out. Motion carries 9-0. Mr. Mayor: Thank you all and if there’s no further business to come before the body we stand adjourned. 21 [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on December 2, 2008. ______________________________ Clerk of Commission 22