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HomeMy WebLinkAboutCommission Meeting June 3, 2008 REGULAR MEETING COMMISSION CHAMBER JUNE 3, 2008 Augusta Richmond County Commission convened at 2:00 p.m., June 3, 2008, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Mason, Grantham, Hatney, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. ABSENT: Hon. Beard, member of Augusta Richmond County Commission. The invocation was given by Pastor D.J. Daly, Southpoint Christian Center. The Pledge of Allegiance to the Flag of the United States of America was recited. The Clerk: PRESENTATION(S) A. Presentation from Association of County Commissioners of Georgia and Georgia Trend Magazine to the Augusta Commission – recipient of the 2008 Georgia County Excellence Award. Mr. Griffin: Thank you very much. I’m Jerry Griffin, Executive Director of the Association of County Commissioners of Georgia. And this is Mike Stuart, Assistant Director of Georgia Trend Magazine and the Association of County Commissioners one of the awards of excellence in 2008 (inaudible) innovation and transferability (inaudible) develop project access, which created several things but (inaudible) One was the partnership and design (inaudible healthcare (inaudible) access and affordability of healthcare. In fact according to the numbers I believe you cut the cost of indigent health care from $7.4 million dollars. That’s quite an accomplishment that came about (inaudible). (APPLAUSE) The Mayor: Maybe they sent us flowers to congratulate us on the award but I want to thank ACCG, thank Georgia Trend Magazine and it’s always a good thing when we are recognized for our innovation. But particularly I’d like to get Commissioner Brigham who I know has been very involved in this from start to finish and really spearheaded this to say a few words if he’d like. Mr. Brigham: (INAUDIBLE) Mr. Mayor: Thank you, Jerry, and once again thanks ACCG and Georgia Trend Magazine. This is really an award to all of Augusta. Thank y’all. Okay, Madam Clerk, we could go on to the recognitions. 1 RECOGNITION(S) Employee of the Month B. Mr. Stanley Carter, Augusta Utilities Department, April Employee of the Month. The Clerk: At this time we’d like to recognize our Employee of the Month. We ask Mr. Stanley Carter with the Augusta Utilities Department to please join the Mayor here at the podium along with other members of the Utilities Department. Mr. Smith, would you like to come down? Mr. Russell: Mr. Mayor, I’ve been informed just a few minutes that Mr. Carter is not going to be able to be with us today unless he wants it in the next two seconds or so. But um, because of that and because we have waited once to do that if we could do this by presenting it Mr. Drew Goins who will then present it to Mr. Carter on the appropriate occasion I would greatly appreciate that, sir. The Clerk: Dear Mayor Copenhaver. The Employee Recognition Committee has selected Stanley Carter as the April Employee of the Month for the City of Augusta. Stanley is one of the three men plant operators for the second shift at the Max Hicks Plant. Mr. Carter was nominated by fellow employee Robert Mobley and approved by Assistant Director Drew Goins. Mr. Carter was recognized as the top operator for District 6 in 2008 by the Georgia Association of Water Professionals. He is quick to recognize problems and develop fast solutions. His leadership qualities have excelled him to his current operator’s position within a short period of time. The committee felt that based on the nomination and Mr. Carter’s dedicated and loyal service to the City of Augusta we would appreciate you in joining us in awarding Stanley Carter, Employee of the Month for the Month of April. Mr. Goins: I did want to say that Mr. Carter is on vacation today. Unfortunately he’s not able to be with us to accept this. Stanley is a hard working gentleman and we appreciate his work very much. Mr. Smith: Thank you. I can see Max Hicks’ footprint on this and it’s tricked down of his leadership and integrity of this Utilities Department. And I certainly appreciate the leadership that you’re providing and you too Drew Goins for what you’re doing at this time. We just think we’ve got a great team out there and we thank you for your leadership. Mr. Goins: I appreciate that comment, sir. (APPLAUSE) Mr. Mayor: I just wanted to say the next time somebody’s on vacation when we present one of these we’re all going to go surprise them while they’re on vacation and give it to them personally. Mr. Goins: I like that idea. Thank you. Mr. Mayor: All righty, Madam Clerk, the consent agenda. 2 The Clerk: Yes, sir. Our consent agenda consists of items 1-29. Items 1-29. For the benefit for any objectors to our alcohol petitions I will read those petitions. If there are any objectors would you please signify your objection by raising your hand. Item 1. It’s for a request for an on premise consumption Liquor, Beer & Wine license to be used in connection with White Elephant Café located at 1135 Broad Street. Item 2. Is for an on premise consumption Beer & Wine license to be used in connection with Aroma Coffee and Wine Bar located at 379 Highland Avenue. Item 3. Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with The Chop House located at 3450 Wrightsboro Road. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Consent agenda items 1-29. Mr. Mayor: Okay, do we have any additions to the consent agenda. Mr. Brigham. Mr. Brigham: Mr. Mayor as Chairman of the Public Services I don’t see any reason why we could not add item 30 to the consent agenda. And for that matter I don’t see any reason as a commissioner why we couldn’t add item #33 to the consent. Mr. Mayor: Okay, any other additions to the consent agenda? Reverend Hatney. Mr. Hatney: Reprogramming of the Item 6 needs to be pulled until after June 30. There’s a time schedule frame in there that does not meet. So he wants it pulled after June 30. Mr. Mayor: Mr. Wheeler wanted that? Okay. Um, okay we’ll go --- Mr. Hatney: Put it back on the consent agenda the first meeting in July. th The Clerk: Okay, that will be July 15. Mr. Hatney: Whenever that meeting is. th The Clerk: Okay, the July 15 meeting. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Mr. Mayor, under the revisions for the agenda we have item #1, 2 and 3 and I would propose that we put all three of those on the consent agenda. Mr. Mayor: Do we have unanimous consent on that? Okay. Okay, do we have items to be pulled for discussion? Okay, if there are no items to be pulled for discussion I look for a motion to approve the consent agenda. 3 Mr. Grantham: So moved. Mr. Hatney: Second. CONSENT AGENDA PUBLIC SERVICES 1. Motion to approve New Ownership Application: A.N. 08-20: request by Vance E. Shimley for an on premise consumption Liquor, Beer & Wine license to be used in connection with White Elephant Café located at 1135 Broad Street. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee May 27, 2008) 2. Motion to approve New Application: A.N. 08-21: request by Charity Adriano for an on premise consumption Beer & Wine license to be used in connection with Aroma Coffee and Wine Bar located at 379 Highland Ave. District 7. Super District 10. (Approved by Public Services Committee May 27, 2008) 3. Motion to approve New Application: A.N. 08-22: request by Brian E. Keyes for an on premise consumption Liquor, Beer & Wine license to be used in connection with The Chop House located at 3450 Wrightsboro Rd. Suite A 203. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee May 27, 2008) 4. Motion to approve amending the membership of the Construction Advisory Board Ordinance to include the position of Residential-Light Commercial Contractor. (Approved by Public Services Committee May 27, 2008) 5. Motion to approve the appointment of the following individual to serve on the Construction Advisory board: Mr. Mark Capers-General Contractor: Mr. Tom Brinson- Electrical Engineer; Mr. Scott Godefroy-Consulting Engineer; Mr. Doug McMonigle- Residential-Light Commercial Contractor. (Approved by Public Services Committee May 27, 2008) ADMINSTRATIVE SERVICES 6. Motion to approve the reprogramming of $852,591.59 in Community Development Block Grant (CDBG) and HOME Investment Partnerships Funds. (Approved by Administrative Services Committee May 27, 2008) 7. Motion to approve a lease agreement with ANIC for the Augusta-Richmond County Tag Office to rent space at 925 Laney Walker Blvd. (Approved by Administrative Services Committee May 27, 2008) PUBLIC SAFETY 8. Motion to approve authorization of funds ($39,548.15) for the Richmond County Sheriff’s Office Multi Jurisdictional K-9 Task Force. (Approved by Public Safety Committee May 27, 2008) FINANCE 9. Motion to approve the sale of surplus equipment by Wayne Evans Auction Company on June 14, 2008. (Approved by Finance Committee May 27, 2008) 10. Motion to approve the solicitation of of RFP’s for next year’s Fleet Maintenance Contract (Approved by Finance Committee May 27, 2008) 4 11. Motion to approve soliciting a RFQ for internal audit functions. (Approved by Finance Committee May 27, 2008) 12. Motion to approve the recommendation of the Tax Assessor regarding a request from Ms. Juanita Elder relative to a refund of taxes on her property at 1256 Florence Street in the amount of $279.66 minus amounts that are due for 2007. (Approved by Finance Committee May 27, 2008) 13. Motion to approve a request to purchase of one F-150 NPDES Inspection Vehicle for the Engineering Department. (Approved by Finance Committee May 27, 2008) 14. Motion to approve a request from the Southeastern Natural Sciences Academy for city th sponsorship through the purchase of tickets for the 10 Anniversary Swamp Soiree 2008. (Approved by Finance Committee May 27, 2008) 15. Motion to approve the purchase of one new compact pickup truck for Utilities Department-Water Production Division-Raw Water Pumping Station. (Approved by Finance Committee May 27, 2008) ENGINEERING SERVICES 16. Motion to abandon a portion of Bennett Lane from its intersection with Miller Street to its intersection with D’Antignac Street. (Approved by Engineering Services Committee May 27, 2008) 17. Motion to approve an Option for Right-of-Way between Beverly F. Friend, as owner, and Augusta, Georgia as optionee, in connection with the Alexander Drive Project, for 0.058 acre (2,546.05 sq. ft.) in fee and 0.020 acre (881.16 sq. ft.) of permanent construction & maintenance easement for the following property located at 2502 Commons Trace for a purchase price of $85,500.00. (Approved by Engineering Services Committee May 27, 2008) 18. Motion to approve an Option for the purpose of acquiring a Right-of-Way between Events Worldwide, Inc., as owner, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, 0.096 acre (4,178.55 sq. ft.) in fee and 0.046 acre (2,014.7 sq. ft.) of permanent construction & Maintenance easement from the property located at 1062 Alexander Drive at a purchase price of $60,000.00.) Approved by Engineering Services Committee May 27, 2008) 19. Motion to approve Change Order #1 for Blair Construction Inc. in the add amount of $64,674.90 on the Roadway Improvements for AUD bond project #90110. This project is complete. (Approved by Engineering Services Committee May 27, 2008) 20. Motion to approve Spirit Creek RFQ as re-tasked to WK Dickson for $125,000. (Approved by Engineering Services Committee May 27, 2008) 21. Motion to approve a shared cost agreement of 70%/30% with Mr. Arthur Marshall of Custom Contractors & Associates, Inc. regarding a sewer easement at 2413 Budapest Ct. (Approved by Engineering Services Committee May 27, 2008) 22. Motion to approve award for Additional construction materials and labor in the amount of $21,255.30 to Lane Construction, Inc. for the GDOT Interstate 20 widening project. (Approved by Engineering Services Committee May 27, 2008) 23. Motion to approve Change Order #1 to Blair Construction Company to make final quantity adjustments (deductions and overruns) in accordance with the terms of the unit price contract. (Approved by Engineering Services Committee May 27, 2008) 5 24. Motion to authorize condemnation of a portion of property #124-0-006-01-0 1630 Doug Barnard Parkway, which is owned by Savannah Construction Services, LLC for 45,709 Square Feet for a Permanent Easement and 42,709 Square Feet of Temporary Easement. AUD Project: 00007-Main Interceptor Upgrade, Phase II. (Approved by Engineering Services Committee May 27, 2008) 25. Motion to approve Georgia Power Company Governmental Encroachment Agreement #31021. (Approved by Engineering Services Committee May 27, 2008) 26. Motion to approve an Ordinance to amend Title 7, Chapter 3, Article 2 Section 7-3-8 of the Augusta Code to regulate maintenance or construction for private streets within Augusta-Richmond County for the purpose of police, fire, and other emergency vehicular access; to repeal all ordinances and parts of ordinance in conflict herewith; to provide an effective date and for other purposes. (Approved by Engineering Services Committee May 27, 2008) 27. Motion to authorize the Administrator to work out the purchase of the two remaining properties involved and to negotiate with the current architect, TVSA, to build the bridging documents and bring back a contract with them for consideration and once approved, come back and go forth with an RFQ for a construction person/architect who would move the project forward. (Approved by Engineering Services Committee May 27, 2008) 28. Motion to authorize the Engineering Department to approve Supplemental Agreement Number Three (3) with Jordan, Jones & Goulding (JJG) in the amount of $529,267 which will allow the design changes to be implemented as mandated by the GDOT approved Value Engineering Study for the Windsor Spring Road improvement projects, Phase IV & V, CPB #323-04-299823766 & 323-04-299823786. Funds are available in SPLOST Phase III project right of way account will be transferred in the amount of $264,633.50 to each project engineering account. (Approved by Engineering Services Committee May 27, 2008) PETITIONS AND COMMUNICATIONS 29. Motion to approve the minutes of the regular meeting of the Commission held on May 20, 2008. PUBLIC SERVICES 30. Motion to ratify an Intergovernmental Agreement between Augusta and Georgia Department of Natural Resources (DNR) for the Go Fish Georgia grant awarded to Augusta to construct a tournament boating/fishing facility at Robert Baurle Boat Landing on the Savannah River. PETITIONS AND COMMUNICATIONS 33. Motion to approve the rescheduling of the Tuesday July 1, 2008 Commission meeting to Thursday June 26, 2008. ADDENDUM 38. Motion to approve an Ordinance to amend a portion of Section 301 of the site plan regulations adopted by the Augusta Commission on October 20, 1998 pertaining to wetland indemnification. (Approved by Commission in meeting May 20, 2008 – second reading) 6 39. Motion to approve and Ordinance to amend Section 302Z of the subdivision regulation of Augusta, Georgia, adopted by the Augusta Commission on March 18, 1997 pertaining to wetland indemnification. (Approved by Commission in meeting May 20, 2008 – second reading) 40. Motion to approve the appointment of Rev. Robert Anderson to a term on the ARC Personnel Board representing District 2. (Requested by Commissioner Johnson) Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Hatney abstains. Motion carries 8-1. [Items 1-3] Motion carries 9-0. [Items 1-29, 30, 33, 38-40] Mr. Hatney: Madam Clerk. The Clerk: It’s unanimous. Mr. Hatney: Madam Clerk, I abstain on the alcohol. Abstaining on all alcohol, please. Bless your heart. The Clerk: Thank you. Mr. Hatney: Thank you. Mr. Mayor: Okay, Madam Clerk, on to the regular agenda. The Clerk: FINANCE 31. Discuss the penalty and interest from 2007 property taxes for William E. Barfield, III. (Requested by Commissioner Don Grantham) Mr. Grantham: Mr. Mayor. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. I had requested this be put on there. Mr. Barfield is in my district as well as that of Mr. Bowles. And there had been some errors made by our department, Tax Department, Tax Assessors Department or either the Tax Commission in mailing the proper notification to Mr. Barfield. Mr. Hicks is here today and based on the recommendation made to the Finance Committee I’d like for Mr. Hicks to give us the information that he and I talked about. Mr. Mayor: Mr. Hicks. 7 Mr. Hicks: Thank you. I have a copy of the presentation that I prepared for Finance. Do you want that distributed to the members or just for me to go over it? Mr. Grantham this a request for a waiver of interest and penalties deal with the tax bill that was delivered for 3130 Dorn Road. In prior years the mailing address of this property had been sent to a Walton Way Extension address, which is where the owner at that point in time was residing. Since 2004 I believe is when he acquired a vacant lot. In 2007 he completed construction of the residence and sold the property on Walton Way Extension and moved to the property on Dorn Road. Unfortunately that occurred prior to tax bills going out in ’07 and the ’07 tax bill was mailed. It was mailed to the Walton Way Extension and it was returned by the new owner. And apparently there was no forwarding of the tax bill to the property owner on Donald Avenue even when the fire thing went out in April the following year it was sent to an incorrect address. So I’m not sure that he’s ever received proper notice of even the fire thing being on record. So based on that and looking at the pertinent stature OCCG8485242 the governing authority certainly has the right to waive interest and penalties if they believe it was not due to any disregard of law and it’s due to a reasonable cause. And based on that it would be my recommendation that you consider doing just that, waiving the interests and penalties. Mr. Mayor: Reverend Hatney. Mr. Hatney: Are we talking about where he currently lives or the previous location? Mr. Hicks: It’s where he currently lives. He acquired the property in 2004. It was a vacant lot. Mr. Hatney: Okay. Mr. Hicks: He constructed a residence so during the period of time when it was being constructed the tax bill continued to go to his then current home on Walton Way Extension. Unfortunately when he moved in July of 2007 and the tax bill still went to the Walton Way Extension it was returned because the new owner on Walton Way Extension didn’t own the property on Donald. I didn’t make that any clearer? Mr. Hatney: Yeah, you made it clear but I’m not sure, I’m not trying to be peculiar I just don’t understand why it should be waived both interest and the penalty on the property where he resides whether he got the notice or not. Mr. Hicks: Ah well --- Mr. Hatney: He still lives there. Mr. Hicks: He lived there commencing in 2007. He didn’t live there --- Mr. Hatney: Okay. st Mr. Hicks: --- on the 1 of 2007. 8 Mr. Hatney: What are we asking to waiver then? What is being asked? Mr. Hicks: This was for the tax bill for 2007. The property where he resided on January st 1 of 2007 was sold during 2007, in July 2007. Mr. Hatney: Okay. Mr. Hicks: That tax bill’s been paid. Mr. Hatney: Okay. Mr. Hicks: It was only because the tax bill for his new property had been going to the Walton Way Extension and it wasn’t forwarded to him. He indicates that he believes that he should receive the benefit of a waiver of interest and penalties. He does make a note that in 2006 when the tax bill was sent to the Walton Way Extension for the Donald Road property he paid it. As a matter of fact he paid it early. He received a discount for paying it and he makes the point if I had received the bill I would’ve paid it. But you didn’t send me the bill and even when you sent notice of the fire fee you sent it to the wrong address. Mr. Mayor: Okay, anybody want to make a motion on this? Mr. Grantham: I will. Mr. Mayor: Mr. Grantham. Mr. Grantham: I make a motion we take the recommendation of our Tax Assessors, Chief Tax Assessor that we waive the interest and the penalty. Mr. Mayor: Do we have a second? Mr. Smith: Second. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Mayor, I hate doing this but I believe it’s always been the tradition of this commission just to waive the penalty and the other fees and to collect the interest. I think that that’s what we ought to do. I think we would’ve received that interest if we had invested it And I would make a motion that we receive the taxes and I think that’s what we ought to do. and the interest. Mr. Mayor: Substitute motion? Mr. Brigham: Yes, sir. Mr. Mayor: Okay. Do we have a second? 9 Mr. Mayor: Can you restate your substitute motion? Mr. Brigham: That we collect the taxes and the interest not the taxes the interest and the penalty. Just the taxes --- Mr. Mayor: Do we waive the penalties? Mr. Brigham: That we waive the penalties and the other fees. Mr. Mayor: Do we have a second on that? Mr. Jackson: Second. Mr. Mayor: Joe Jackson seconded. Joe, move your microphone down. Commissioner Hatney. Mr. Hatney: I don’t understand what he’s saying. The Clerk: Mr. Brigham said to be consistent with our past policies is to just waive the penalty and fees not the interest. Not to include the interest. Mr. Hatney: Okay, that’s the same thing I was trying to say. Mr. Brigham: That’s what you’re saying. I’ve made a motion. Mr. Hatney: That’s what we’ve been doing. Mr. Mayor: Okay. Commissioner Grantham. Mr. Grantham: Mr. Mayor, I hate to oppose my colleagues but in this situation. I understand it may have been in the past that this has happened but when we ask out Chief Tax Appraiser to come forward and make a recommendation and then he cites the ordinances and the numbers that it pertains to as to what, what can be done by this commission and with his recommendation and then we’re going to go against the recommendation of this department head. In this particular language I think it’s important that we follow the direction of these department heads a lot of times. Mr. Hatney: Mr. Mayor, I have no problem with the department head. That’s not what it is. And I want you to know that because we don’t always follow the instructions of the department heads. I’m going to sit up here and say that. Amen. But what I do believe is that the practice previously has been that we’ve done, that motion that Mr. uh, that Commissioner Brigham made. That’s all we’re saying. And if we’re going to be consistent with what we’ve done I don’t think it had nothing to do with you is what this body has been doing. Mr. Hicks: I understand. 10 Mr. Hatney: Had nothing to do with you at all. It doesn’t matter who stands up there. Has nothing to do with that. Mr. Mayor: Okay. We have a substitute motion and a second and I think Mr. Brigham has read back the substitute motion and the Clerk has. If there’s no further discussion commissioners will now vote on the substitute motion by the substitute sign of voting. Mr. Smith and Mr. Grantham vote No. Motion carries 7-2. Mr. Mayor: Thank you, sir. All righty, Madam Clerk, next agenda item. The Clerk: FINANCE 32. Motion to approve reducing commissioners’ gasoline allowance to 50 gallons per month and to increase the cost of any excess usage to market rates for whatever the county is paying for the gasoline. (No recommendation from Finance Committee May 27, 2008) Mr. Mayor: Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. After a few discussions over the last several days I’d like to just make the comment that different districts have different demands placed on those commissioners and considering that we came up with a compromise between the policy set back in ’65 and I’d like to make a motion that we approve an allowance of 90 gallons per month for the commissioners and for anything over and excess of 90 gallons be reimbursed at market costs. Mr. Mayor: Do we have a second on that? Mr. Jackson: Second. Mr. Mayor: Okay, we have a motion and a second. Is there any further discussion? Commissioner Mason. Mr. Mason: Yes, sir, thank you, Mr. Mayor. Is um, the Fleet Manager here? Mr. Russell: Yes, sir, he’s in the other room. Mr. Mason: Mr. Mayor, I have a couple questions for the Fleet Manager. Good Afternoon. Thank you for coming. And uh, there’s just a couple questions that I would have in reference to this policy that has been in place. And my first question would be in terms of the budget for the gasoline, where are we as a commission body in the overall scheme of the budget. We know that all the departments fall up underneath this. Where does the commission gas usage fall in terms of the amount, up underneath the entire budget of this city? 11 Mr. Speaker: The budget for the commission represents actually one-quarter of one- percent of the total budget of gas. Mr. Mason: One-quarter of one-percent. Mr. Speaker: Yes, sir. Mr. Mason: Okay I guess my point, Mr. Mayor, is that if we’re really going to make a symbolic gesture here and uh, and certainly I will support what Mr. Bowles has presented. But I want us to look at this in the most appropriate manner. If we’re talking about cutting 25% of the commission budget as a symbolic gesture then I would suggest we go one step further, that we cut 25% of the total budget of the gasoline being used. Because when you’re talking about one- quarter of one-percent of this entire budget that this city pays, you’re talking about peanuts, is what you’re talking about. So instead of cutting peanuts let’s go ahead and cut some peanut butter and let’s do 25% of the entire budget and I would certainly have no problem with that, Mr. Mayor. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Are you making a motion? Mr. Mason: I am. Mr. Brigham: Second. Mr. Mayor: Okay, that would be a substitute motion. Mr. Mason: Yes, we are. Mr. Mayor: Okay. Mr. Russell, I think we need to hear from you. Mr. Russell: If you cut 25% of our total gas budget which we anticipate going over anyway due to increased costs it would make it very, very hard to operate this city at the current level of services. That’s something you need to consider in your vote. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I definitely agree with my colleague Alvin on this. I think that we got to look at the overall picture. If you look at Augusta and what we’re doing as a body of leaders here it’s not really helping the city at all. We’re not really making but a very, very small portion of what we’re utilizing here as a body of people. And not only that I’ll agree with that. We need to look at the overall gesture of this because if we’re going do something to save the taxpayer’s money we’ve got to do something all across the board. We have Sheriff’s officers that are out on the beat however we do seem them unfortunately parked and the cars are running. They’re definitely going to be running now because it’s hot outside. So we ought to look at the bigger picture here. And if we’re going to do something to really save the taxpayers’ 12 money we got to do something overall and that’s one of the things that we really need to look at regardless of what’s in the budget or how it’s been set up. If we’re going to cut the commission we need to cut overall. Thank you, Mr. Mayor. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Question. Mr. Bowles, in your deliberation were you considering the entire field or just the commission only. Mr. Bowles: (inaudible) Mr. Hatney: Okay. Because my concern is that if it’s 125 gallons now I think it is per quarter per month (inaudible) 125 per month I don’t have any problem with making adjustments but if you’re going to, let’s be real here now. (inaudible) due to the fact that I think back in 1965 (inaudible) I believe we were asking for (inaudible) I personally think what we ought to do is just leave it alone and insist that everybody that goes beyond that pay the current dollar value per gallon. That’s what I believe. I don’t think, we got to be careful what we’re doing here. And I don’t want to create no difficulty for nobody (inaudible) 125 gallons. If you go over that then you pay the amount. That ought to be for everybody because we’re going to change a policy we need to change the whole thing. Mr. Mayor: Okay. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. It just concerns me that we, you know this is about the second or third time that this particular item has come up. And it just concerns while we’re being so specific about, you know taxing the commissioners when everybody just don’t understand all the work the commissioners have to do in terms of their different districts. My concern would be simply this. If there is a commissioner that does not want to use his gas card or her gas card let them turn their gas card in and don’t worry about what the other commissioners are doing as long as he or she does not abuse their gas card because what we’re doing here now, if we’re going to tax the commissioners for gas it’s not being fair. And I agree also we need to go across the board. What is good for the goose is good for the gander. Let’s be fair and square about this whole situation. We keep bringing it up about the gas. We talk about the gasoline problems, we talk about the trips that we have to take, there’s always an argument when something comes up about the commissioners. So it’s high time that we are looked at as people that are doing a good job and trying to do the best not only for the city but for our districts also. And so my concern if there is someone on this commission, you know and I don’t have a problem. If you don’t want to use the gas card don’t use it. For the first two years as a commissioner I did not use my gas card. I think I used it probably three times during the second term of my commission. And after my automobile accident I have had to use it because I’m going different places, Millen, GA, Vidalia, GA, representing the City of Augusta. So we have to use these cards sometimes but if we abuse it then it should be brought to our attention and then we should act accordingly with what we’re supposed to do in reference to abusing the card. If you don’t want to use the card, turn it in --- Mr. Mayor: Okay. 13 Mr. Holland: --- let the other commissioners --- Mr. Mayor: Thank you, Commissioner Holland. And I would say let’s give a little bit more time to this maybe to this issue but we’ve started doing a good job of focusing on the big picture issue we just, we need to vote on this and get on past it. Commissioner Brigham. Mr. Brigham: Mr. Mayor, this is a great discussion but all I’m hearing is a discussion about commissioners’ gas. I want to hear some discussion about the 25% reduction on gas. I believe that this government has got to reduce (inaudible). We can reduce 25% in gas I’m in favor of it and I’m going to vote in favor of it. Mr. Mayor: Well, but Commissioner Brigham, I would say that having not given staff an opportunity to adequately analyze what (inaudible) this government and the services that we provide for the citizens of this government I don’t know that’s not a discussion that we shouldn’t have but I would say that it would not be very good to make a knee jerk reaction today. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I agree with what Dr. Hatney is saying and also Coach. I think that when we look at the big picture we have to be cognizant of what we’re talking about and the Administrator said that if we do make that decision now it will impact us you know and cause something very awful to the community and their future. So I think that if we just continue to do what we’ve been doing and just look at what the usage is and don’t exceed that amount. If we do we’ll pay the actual per gallon rate that it is now. I think that’s fair enough. I don’t think we need to spend no more time bickering about this because we do have bigger issues that we need to deal with and how we want to do what we can to help the taxpayer’s as commissioners and the people who work for this city. We’ve got to be efficient and effective. And in order to do that we got to have the necessary tools that are used to do what we need to do. So I agree that let’s move forward with this and if anybody do exceed that amount that we are limited that they we pay the per usage gallon rate that it is now. Thank you. Mr. Mayor: Thank you, Commissioner Johnson, and I think we have heard a compromise that is amenable to everybody but we already have a substitute motion and a primary motion on the floor. Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. My only comment in regards to the 25% reduction and that is that this is not the time for us to be taking an issue with that. We’re talking about usage and those that want to use it that’s fine. Those that don’t, that’s fine. Let’s stay within the guidelines. We need to create and establish some guidelines. However if we’re going to talk about a 25% reduction across the board we need to wait until Mr. Russell has had a opportunity to present a budget to us in regards to what those needs and those requirements are going to be and asking them to go forward and use good decisions and good rules of judgment in what they are spending now in gasoline. Thank goodness the Governor recognizes not to increase our gas tax. That will be some benefit to us but it won’t change the price of gas but it will keep it from going up that much more. So my point is let’s wait until we get a budget presented before we start cutting across the board and before we start cutting various 14 departments. I think we need to address this issue (inaudible) 65 years ago. I think it’s time to address it. (Inaudible) actual cost of gasoline but also gas usage. A hundred gallons of gas will carry you 1800 miles (inaudible). I don’t know of anyone who travels over 1800 miles in a month in their districts (inaudible). So my point is we ought to settle on some numbers. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: Let me ask one question. Really I do think it’s time to look at this and put it into perspective particularly if it (inaudible) started in 1965. But I just think we ought to do it in a manner that which would kind of make it more sensible with what you’re doing now. So I would, how many substitute motions can you have? I’m going to make another one that we --- Mr. Mayor: We can’t have but one. Mr. Hatney: You’re going to have one more today. Mr. Mayor: Well how about this. Commissioner Hatney, can we do this? Can we vote on it, on the substitute motion and the primary motion then we can have a motion to reopen the issue and then you can make your primary motion. I know we got to go through the direct procedure. You’re a stickler for procedure, my friend. Mr. Hatney: Let me do one thing. May I ask the Clerk --- Mr. Mayor: Okay. Mr. Hatney: That’s what I’m about to say. Would you do that for me? I can do that? Mr. Mayor: Okay. Mr. Hatney: Thank you, sir. The Clerk: The substitute motion was to cut the overall City Budget by 25%. The primary motion was to reduce the commissions allowance to 90 gallons with any excess to be reimbursed to the City at market rate. Mr. Russell: If I can that was the City’s gas budget. Mr. Mayor: Would the maker of the motion amend their motion to reflect what Dr. Hatney had said earlier. This would be your motion, Mr. Bowles. Mr. Bowles: Well, I had a conversation less than 50 minutes ago when we had an agreement on this and I’m not going to come in and allow people to get selective amnesia on my, on something I recommended. I’m not going to amend my motion. Mr. Hatney: What I’m asking for is, the substitute motion was to ask the Administrator to look at the effect it would have on everybody, on the whole nine yards before we make any 15 decision on what we’re going to do with the commission. I just think there’s nothing wrong with that. Because I don’t think we ought to just single out groups because I was under the impression that we had one amount of money, amount of gallons and somebody else had another one. You find out nobody has, everybody has the same thing if everybody has the same amount of gas than use it. That’s all I’m saying. I just believe it would be good to have the Administrator look at what possibility do we have out there (inaudible). And I’m not against Mr. Bowles’ motion because I did agree to support it. But after I’m listening here and after I heard that if we, it’s not going to touch anything. That’s not the problem we have. How much money the commission is spending? Mr. Mayor: Okay. Mr. Hatney: The problem we have is the overall gas budget. Mr. Mayor: Commissioner Hatney, you’ve had the two minutes. Commissioner Mason, and then let’s, you know we’ve spent 15 minutes talking about this which we could’ve been discussing something else. Commissioner Mason. Mr. Mason: Yes, sir, thank you, Mr. Mayor. My motion is basically the same that Mr. Bowles had made in the first place. It’s the same 25% reduction. So there is no selective amnesia there. But what it is is that we’re looking at doing for the entire City, we’re making a gesture. Something that’s real and that can be felt as an impact and an effect for this community. That’s where I went one step beyond Mr. Bowles to say let’s look at the entire one after hearing that we are what, one-quarter of one-percent for the budget. So that wouldn’t really do anything for the City. If we were trying to do something for the City as it was put out then let’s do something for the city. Let’s look at the entire picture. So I would be more than happy to add an amendment to my substitute motion to put on to what Dr. Hatney has said as the um, to put onto my substitute motion. Mr. Mayor: Okay and for clarity here could somebody state that substitute motion for me? The Clerk: Okay. Mr. Mayor: Please, ma’am. Mr. Brigham: I don’t agree to it so it don’t much matter what it was. Mr. Mayor: Well, we’re going through the process here. Ms. Bonner. The Clerk: The substitute --- Mr. Mayor: For the Clerk to read back the substitute motion because it seems a bit confusing to me. The Clerk: The substitute motion was to cut the overall city gasoline budget by 25%. 16 Mr. Mayor: Okay. The Clerk: Dr. Hatney asked that the Administrator be allowed to review the budget and report back with a recommendation as to the implementation of this budget cut. Mr. Mayor: Okay, we have a substitute motion. The Clerk: Well, that was the amendment but --- Mr. Mayor: Okay. The Clerk: --- I don’t know if it’s been accepted. Mr. Mason: Yes. Mr. Mayor: Okay. Mr. Brigham: Call the question. Mr. Mayor: Okay, we have a substitute motion and a second. And I would caution, I’m still a little leery of this but Commissioners will now vote by the substitute sign of voting. Mr. Hatney: The substitute sign. Mr. Mayor: The substitute sign. You vote with your left hand instead of your right. Mr. Bowles, Mr. Jackson, Mr. Smith and Mr. Grantham vote No. Motion fails 5-4. Mr. Mayor: Okay, we have a primary motion and a second. And, Madam Clerk, just for the sake of clarity if you could please read back the primary motion. The Clerk: Yes, sir. That was to reduce commissioner’s allowance to 90 gallons with any excess be reimbursed to the city at market rate. Mr. Mayor: Okay, if there’s no further discussion commissioners will now vote by the usual sign of voting. Mr. Hatney abstains. Mr. Johnson, Mr. Mason and Mr. Holland vote No. Motion fails 5-3-1. Mr. Mayor: Okay, so we spent 20 minutes talking about something and no action taken. Let’s move on to the next agenda item, Madam Clerk. 17 The Clerk: ADMINISTRATOR 34. Discuss proposed lease agreement(s). Mr. Russell: Mr. Mayor --- Mr. Mayor: Mr. Russell. Mr. Russell: --- we have a potential for a lease opportunity that I think the Commission could use some legal advice on prior to entering in to that. And I would ask that we hear that in Legal. Mr. Mayor: Can I get a motion to that affect? Mr. Brigham: So moved. Mr. Mason: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Brigham: Are we going to finish up the agenda before going into Legal? Mr. Mayor: Yeah. This is just to put the item in Legal. Motion carries 9-0. Mr. Mayor: Okay, Madam Clerk, next agenda item. The Clerk: OTHER BUSINESS 35. Discuss Coliseum Authority. (Requested by Commissioner Don Grantham) Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. And fellow Commissioners I think you are aware as I am of the somewhat chaos that has been going on down at the Coliseum Authority. And the request that has been made on numerous occasions to our Legislative Delegation for them to take some sort of action on a state level or to try to correct the problems we see happening down there. Since that has not taken place I think it’s in the best interest of this commission that we request because we have no authority over that authority. Since it is a State Authority they are somewhat antonymous to this Commission. And with that being said the only thing we can do is appoint individuals to those particular positions on the committee and certainly fund their operation based on their request and history. We’re also committed and 18 obligated to serve the debt service that is made by that particular operation. But with what I’ve seen in the last couple of months I think it’s an embarrassment not only to this Commission but to our citizens of this community to see what has taken place and how the action and the Therefore I am putting a resolution activities that have gone on in that particular meeting site. if you want to call it that and I’m going to make it in the form of a motion and simply put that we would request the resignation of all sitting committee members of the Coliseum Authority that has been appointed by this Commission and that we would also in our resolution request that the Legislative Delegation do likewise and that it be concurrently th requested that their members resign and that this be effective June the15.From that point on I think that we wouldthen reappoint or appoint new members to the Coliseum Authority requesting a management team to be put in place as soon as possible. And I understand that has been in the works now for several months. So I think that simply puts in what I want my motion to read like --- Mr. Mayor: Okay. Mr. Grantham: --- Mr. Mayor and I hope that my colleagues will see the turmoil that has developed down there and that --- Mr. Mayor: Okay. Mr. Grantham: --- we can make this request. Granted I know I’m taking a little more --- Mr. Mayor: Yeah. Mr. Grantham: --- but I’m just asking for a point of privilege and if anyone else needs it I think they’re entitled to it as well. But the point is that this Commission needs to go on record as to show that we are not satisfied with what has taken place in that authority meeting. Mr. Mayor: Okay. Mr. Grantham: Thank you, Mr. Mayor. Mr. Mayor: We have a motion. Is there a second? Mr. Mason: Second. Mr. Mayor: Okay and we did not, Madam Attorney, would it be correct to read the full resolution into the record upon passage or --- okay. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. You know in view of the fact that we do have this resolution that is presented by Commissioner Grantham you know I can understand the frustration that some of the commissioners have you know in reference to the Coliseum Authority. But my concern is that we as commissioners need to work as closely with the Coliseum Authority as much as we possibly can. I think we need to more or less try to encourage them more so than asking them to resigning from the positions that they’re in. You 19 know it appears to me that we’re sending a different kind of a message to the community and to our children when we ask people to resign when they don’t get along. You know as a principal of a school when I had two students fighting I didn’t ask them to drop out of school I tried to do what I could to correct it and to keep them in school. And I think this is the same thing that we need to try to do with our Coliseum Authority. We need to work with them. They need some diversity training. They need to come together. We need to get Mr. Maner to come down from the University of Georgia and work with them to give them some diversity training to help them look at some of the problems that they have. We have arguments all over in our government. In the General Assembly they have arguments and calling each other names. I don’t know if anybody has been asked to resign. We disagree with each other sitting here. Today somebody’s going to disagree with me. Well is anybody going to ask you to resign? I think we need to stop sending that kind of a message to the community in asking people to leave these particular authorities because we have some that don’t report to anybody. You know and they’re not asked to resign from the positions that they’re in. But it just concerns me when we have this particular organization of, that’s been doing a good job then all of a sudden, not (unintelligible) and creates some problems and it creates problems with some people who never have any problems or had any problems before. And I just think it’s totally unfair. It appears to me that these things are planned sometimes to create problems for the Authority when they’re trying to work out a good plan and when they’re trying to do a good job. So I’m just concerned about the fact that of the message that we sent to the community, the message that we send to our children telling people that they have to move off the community, move off these different authorities simply because they can’t get along. Mr. Mayor: Okay. Mr. Holland: They need to learn how to get along. Mr. Mayor: Okay. Mr. Holland: They need to learn how --- Mr. Mayor: Commissioner Holland, I gave you --- Mr. Holland: --- to resolve their problems. Mr. Mayor: --- equal time to Commissioner Grantham as well and gave you a little extra time. Mr. Holland: Thank you, Mr. Mayor, and they just need to learn how to solve their problems and work together. Mr. Mayor: Okay, thank you, sir. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. My take on this is just a tad bit different. Um, I’ve heard from the community especially out in District 4 and they’re tired and they’re fed up. And the person that represents District 4 does not represent any way shape of form the attitudes, the 20 actions, morals or values of the citizens of District 4. And they’ve asked me to ask him to resign his position effective immediately. And so given the fact that he was not my appointment, given the fact that he does not live in the District it’s hard for me to support someone that does not understand the issues that we face out in the District nor has there been any conversation with the representative in terms of what you have done in representing District 4. So I am in support of an all out removal of this particular board and authority. As far as resignation I’m not in support however, an abolishment of this Authority. Now I do have one concern as it relates to this resolution because it does not address the fact of how we would appoint or reappoint new board members. In my opinion I do not believe if we are asking for everyone’s resignation I do not believe that there should be anyone who’s currently sitting there now able to come back on in the future. And so I’m not sure having really looked at this totally but if it does not state that in this resolution I feel it needs to be placed in this resolution and I can support that. I wouldn’t want to see everyone resign and then we have a few select individuals that come back on the board. I think that’s counter productive. Mr. Mayor: Okay, thank you, sir. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I’m going to ask a question. We have a Human Relations Board and why haven’t they been involved in mediating the problems and issues that we’ve been having down there. I just don’t think that it should have got to this point and if, my understanding is that we do have somebody in place that’s supposed to come to the rescue in a situation like this and deal with the issues to help people come to a consensus on what’s best for that board and the Coliseum all together. I just don’t know where there’s any room to save this board because there’s so much bitterness going on here. So I do have mixed feelings. However just like my colleague Commissioner Mason I did not make that appointment. It was made before I got in the office and I was not able to reappoint once I was elected. So I would like to see something happen. I’ve had several phone calls on this and I just know at this point what’s left to do. But I do know that you would have thought at this point that we would at least had Human Relations or somebody down there of that magnitude to work with these folks and help them come to a resolution on what’s going to be best for them to work together and get along because they’re all adults and they do have the ability to do so. At least I think so they have the ability to do so. But um, at this point I just wanted to make that comment. Like I said I’m going to reevaluate this. I do not believe we need to abolish it but something needs to be done and I’m pretty sure we’ll come to a sensible decision after today. Thank you. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, I see Mr. Isdell, Chairman of the Coliseum Authority in the audience. I think he ought to be given an opportunity to address us. Mr. Hatney: Point of Order. I don’t. Mr. Mayor: Commissioner Hatney. Mr. Hatney: We didn’t talk to him before we did this. I tried my best to get --- 21 Mr. Mayor: I’m --- Mr. Hatney: --- my colleague, let me finish my thoughts sir. --- to get all of these players together before going this far. They refused to do that. I don’t care who’s here. They should not have anything to say today. That decision needs to be made by this body. Mr. Mayor: And I will say, Commissioner Brigham, out of all due respect I think as we’re discussing, simply passing a resolution to request that members step down we’re not, we can’t force them to do that. But I think if we’re going to hear from one member of the board we would need to be able to hear from all members of the board and I don’t think it’s fair to listen to one and not, and that’s the ruling of the Chair. Mr. Brigham: Mr. Mayor, I disagree with you but I’ll beg, I disagree with you but I’m also going to go on and call the question the I think we need to go on and vote on this. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: One other thought. I --- Mr. Brigham: The question’s been called. Mr. Hatney: It has, it’s been called many times. Mr. Brigham: And I don’t think there’s any discussion after --- Mr. Hatney: Mr. Mason asked the question --- Mr. Brigham: Point of order. Mr. Hatney: --- and how would this be done. I’m going to say what I’m going to say. He asked how would this be done if it got that far. The Commission has each District each Super District has four appointments. District 10, District 9, that means those districts get together and select four folk. That’s what that means. Each delegation, state delegation has four appointments. They would get together and do that. But my only concern is, my comment is if we’re going to clean these houses up let’s don’t forget that we’ve got a body running around here in town that y’all call good government. It’s aggravating everybody in town. If we’re going to clean up folk that has been appointed --- Mr. Mayor: Okay. Mr. Hatney: --- by authority. You ought to at least be able to pick --- Mr. Mayor: Okay. Mr. Hatney: --- folk (unintelligible). 22 Mr. Mayor: Okay, the question has been called for and commissioners will now vote by the usual sign of voting. The Clerk: To approve the resolution. Mr. Johnson: Can we get some clarity on the fact of --- Mr. Mayor: Madam Attorney, once the question is called for --- Ms. Johnson: You are correct. Those are the rules that govern this body. Mr. Mayor: Yes, so the vote will now be taken. And it is to approve the resolution. Should I hum the theme from Jeopardy? Mr. Brigham: Mr. Mayor is there a time limit on voting? Mr. Mason: No, oh, Mr. Mayor. Mr. Mayor: Um, excuse me, Mr. Commissioner --- Mr. Brigham: I didn’t know --- Mr. Mayor: Okay, okay --- Mr. Holland: Mr. Mayor, can I get an explanation as to what we’re going to voting on? Mr. Mason: It’s going to be read into the record prior to or after the vote? What is the proper protocol? Mr. Mayor: Madam Attorney. Ms. Johnson: In order for you to determine what you’re voting on if you haven’t read the resolution it needs to be read into the record prior. Mr. Mayor: Okay please, Madam Attorney, if you would or Madam Clerk. The Clerk: Do you want me to read it? Mr. Mayor: But it’s in front of everybody. I mean I do want it read into the record but --- The Clerk: A Resolution. A resolution requesting the resignation of the current members of the Augusta Richmond County Coliseum Authority appointed by the Augusta-Richmond County Commission and Richmond County Legislative Delegation and to provide for a date of new appointment to the Augusta Coliseum Authority. To provide for the engagement of a management company for the Augusta-Richmond County Coliseum Authority and for other purposes. Whereas the Augusta-Richmond County Commission is committed to providing the 23 best public service to its citizens and visitors to Augusta-Richmond County and desires to improve the efficiency of those services provided by Augusta-Richmond County Coliseum Authority. Whereas pursuant to Augusta Georgia Code 1-138 the purpose of the Authority is to acquire, construct, maintain and operate a multi-use Coliseum and Civic Center Facility to be utilized for entertainment, public and private conventions, exposition and public facilities related to those activities such as refreshments, restaurant beverages, novelties and souvenirs, etc. Whereas the Augusta-Richmond County Commission has a responsibility to encourage a positive public image for it’s Boards, Commissioners, Commissions Committees, Panels or Authorities. Whereas the Augusta-Richmond County Commission seeks modifications to the composition of the Augusta Richmond-County Coliseum Authority for which it has appointment and removal authority. Whereas such modifications may lead to a more cohesive and proficient political and regulatory environment and increase the level of public confidence and trust amongst it’s constituency regarding Augusta-Richmond County Coliseum Authority. Whereas all the Augusta-Richmond County Boards, Commissions, Panels and Authorities are charged with the responsibility to instill trust and confidence in the local community. The Augusta Commission herby resolves as follows: Section 1. To request that members of the Augusta Richmond County Coliseum Authority who were appointed by the Board of Commissioners for th Richmond County pursuant to Augusta Georgia Code Section 1-139A1: Resign by June 15 2008. Section 2: To request that the members of the Richmond County Coliseum Authority pursuant to Augusta Georgia Code Section 1-139A2: Who were appointed by the City of th Augusta resign by June 15 2008. Section 3: To request that members of the Richmond County Coliseum Authority pursuant to Augusta Georgia Code Section 1-139A3. Who were appointed th by the Augusta-Richmond County Delegation resign by June 15 2008. Section 4: To request that the present members of the Richmond County Coliseum Authority resign concurrently by th June 15 2008 and Section 5: That the Augusta Richmond County Board of Commissioners and Richmond County Legislative Delegation appoint new members of the Augusta Richmond st County Coliseum Authority by July 1 2008. Section 6: To request that new Augusta- Richmond County Coliseum Authority engage a management company to provide operational services for the public multi-use Coliseum and Civic Center type facility under it’s governance as soon as possible. Mr. Mayor: Okay, now the resolution has been read into the record and the vote has been called for. Mr. Holland and Mr. Jackson vote No. Motion carries 7-2. Mr. Mayor: Okay, Madam Clerk, I don’t believe we have any more agenda items other than the ones in Legal. And, Madam Attorney, I believe we do have the need for a Legal Session to discuss at least one item. Ms. Johnson: Yes, sir. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. 24 C. Personnel. ADDENDUM 36. Motion to approve going into a Legal Meeting. Mr. Mayor: Can I get a motion to go into a Legal Meeting to discuss Pending and Potential Litigation, Real Estate and or Personnel? Mr. Holland: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual sign. Mr. Jackson votes No. Motion carries 8-1. [LEGAL MEETING] ADDENDUM 37. Motion to approve an Option for Right-of-Way between Charles C. Robertson, Jr., Jesse E. Johnson, III and Jennifer K. Johnson, as owners, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, for 0.227 acres (9,874.25 sq. ft.) in fee and 0.057 acre (2,491.82 sq. ft.) of permanent construction and maintenance easement for the property located at 1088 Alexander Drive, for a purchase price of $72,000.00. Mr. Mayor: Can I get a motion to that effect? Mr. Johnson: So moved. Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 9-0. ADDENDUM 41. Motion to approve a settlement in the amount of $7,000 for damage to property of Augusta caused by S&S Cafeteria, with such settlement funds to be earmarked for the purchase of trees by the Trees and Landscaping Department to be planted in Augusta as directed by the Tree Commission and Trees and Landscaping Department. Mr. Brigham: So moved. 25 Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Mayor: And just for the record both of those motions carried unanimously with Ms. Beard out. The Clerk: Thank you, sir. 42. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Mayor: And finally I believe we need a motion to authorize execution by the Mayor the affidavit of compliance with Georgia’s Open Meeting Act. Can I get a motion to that effect? Mr. Jackson: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Anybody counting? That’s three unanimous in a row to close us out. If there’s no more business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on June 3, 2008. ______________________________ Clerk of Commission 26