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HomeMy WebLinkAboutCOMMISSION MEETING November 5, 2009 REGULAR MEETING COMMISSION CHAMBER NOVEMBER 5, 2009 Augusta Richmond County Commission convened at 2:00 p.m., November 5, 2009, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Mason, Grantham, Hatney, Beard, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. The invocation was given by the Reverend John Pinson, Pastor, Aldersgate United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. DELEGATIONS A. Mr. W.L. Butch Gallop, Jr. RE: Shaw Group and Gallop & Associates Energy Efficient Program. Mr. Mayor: And, Mr. Gallop, if you could keep it to five minutes please. I was just informed a minute ago that my watch didn’t work correctly. But I think it’s working pretty well. Mr. Gallop: We’re going to do that, Mayor. Good afternoon, Mr. Mayor and the Commissioners. We would like to give you a presentation today on the energy efficient study. And with me is the Shaw Group and who I have with me is Nicky Timms and Brad Dixon. Without further ado we’ll go ahead with our presentation. Mr. Dixon: Good morning, or good afternoon, I’m sorry. What we’re here today to talk about is the energy efficiency and conservation of the strategy study that we’re doing for the City of Augusta. We were pleased to have this opportunity to come before you and explain a little bit about this program. Our intent in doing this is to make certain that you are aware that we’ve begun this process on the program because we’ve got a very short fuse to get this done as part of the ARRA or the American Recovery and Reinvestment Act with the funds that were provided to the City of Augusta. Just a quick overview of the Energy Efficiency and Conservation Block Grant Program. The intent of the program is basically to reduce possible fuel emissions and reduce the total energy use, improve energy efficiency in buildings and transportation and other appropriate sectors of costs that the city can have some control over. And of course one of the goals is to create and or retain jobs and the general stimulus of the economy. There was a total of $3.2 billion dollars dispensed for this. About $1.9 billion of that goes to cities. The allocation to the City of Augusta is just under two million dollars. The funds are appropriate for use on programs that meet the nation’s long-term energy efficiency goals. And that’s the primary purpose of it. What we’ll be doing here is basically developing what’s called Energy Efficiency Conservation Strategy. And I’ll past it on to Mr. Timms to talk a bit more about that. Mr. Timms: First of all, where are these funds going to be used? They’ll be used for the development of the Energy Efficiency Strategy. That’s what we’re doing. Other possibilities are your building energy audits. Another words looking at your HV/AC upgrades and replacement, 1 stuff that the city is already looking at. Another thing is transportation. In other words I’ve got traffic signals focusing on energy efficiency. Traffic signals and street lighting. We’re looking at LED street lighting and other things. When we say other let’s look at, there will be objectives in which the project is to take into consideration. First of all, we want to have overreaching goals and objectives that are linked to the community, the local community. We want to make sure that it has sustaining benefits and the continuity that are long-term and not just a one time fix. Measurability or as we wanted to as the program says you’ve got to be able to measure it. Let’s also look at leveraging. Leveraging the existing programs, that is, how can we marry it up with other programs and possibly get more benefit with the amount of money we have? Is there other money that might be available to take and marry it with this program and that’s part of the process that we’re trying to find other funds that can be leveraged. We need to also possibly look at other alternatives for financial mechanisms. Are there other sources of income that say hey look did you know about this program? Did you know about that program to marry it? Benchmark set goals any as well as the transparency that’s required by ARRA. We have to implement this in 36-months, that’s the overall plan and we have to track and report the process to DOE. Okay? We’re the Shaw Team with Gallop and Associates. We’re doing and developing the EECS, Energy Efficiency Conservation Strategy. The City of Augusta’s working with us. We have a support team with George Patty and are getting us information. We have to get in a lot of information, put it in the DOT, forms that they need and requirements and that is the process is getting them additional funds. Additional stakeholders. That steering committee they’re people that the city and community has said where can we get that information. Help us get that information. That’s vital for the project to continue. Other stakeholders. People who are impacted. Potential investors, potential decision makers and foundation and other (inaudible). Okay well and --- Mr. Mayor: And I --- Mr. Timms: --- in a nutshell --- Mr. Mayor: Gentlemen, I apologize but the five minutes is up and I hate to cut you short. We just had an incident where we recognized somebody for four minutes. But is there any way that we could get y’all to bring this possibly to the next Committee meeting? Would that, looking at the Commission, would that be in order for them to be able to give the entire presentation? Mr. Mason: Actually that’s where it needs to be because I have a number of questions --- Mr. Mayor: Okay. Mr. Mason: --- even on the little bit I’ve already heard so. Mr. Mayor: Okay, if you could get on the schedule for the next Committee meeting and then that way you won’t get cut short. But thank you all. Mr. Mason: Mr. Mayor? 2 Mr. Mayor: Yes, sir. Mr. Mason: And I’m wondering because I heard somebody initially talk about there was a timeframe. Is there, is this time sensitive or something like that, I mean this information that you’re trying to get out to us? Mr. Dixon: Uh, yes it is. Well, Mr. Commissioner, we need to get back and push that through. But Mr. Patty is on top of it, we’re getting very good input from the city on it. The time frame is set by the ARRA. Mr. Mason: But I guess my point is that I mean you’re here today and I’m not sure exactly what you were looking for other than to get the information out. So is it, by it going to the Committee meeting is that going to cause us some delay in whatever it is we’re trying to do here. th Mr. Patty: Let me answer that. They’re going to be on your December 7 Committee agendas for approval of this plan. That’s how fast we’ve got to move. Mr. Mayor: Okay. thst Mr. Patty: It’ll go to Commission December 15 and it’s got to be at DOE by the 21 of December so it’s got to move fast. Mr. Mayor: Okay, so if it was brought before the Committee next week would that still work within the timeframe? Mr. Patty: We need to do what we’re doing and bring it before the Committee. Mr. Mayor: Okay. Monday. Okay? Mr. Mason: Right. The Clerk: Just a point of information. The agenda’s have already closed so it will be an addition. Mr. Mayor: Okay. The Clerk: It will have to be an addendum to your agenda. Mr. Mayor: But due to the --- Mr. Grantham: What committee is it going under? Mr. Mason: What committee? Mr. Mayor: I would --- 3 Mr. Mason: Administrative Services? The Clerk: Administrative Services. Mr. Mayor: Administrative Services. Okay. The Clerk: Okay. Mr. Mayor: Okay, thanks, gentlemen and sorry for that but I’m sure there will be no problem adding and approving due to the fact that we know that it’s time sensitive. But thank you so much. Madam Clerk, on to the consent agenda. The Clerk: Our consent agenda consists of items 1-11, items 1-11. Mr. Mayor: Do we have any items to be added to the consent agenda? Mr. Hatney: Mr. Mayor? Mr. Mayor: Commissioner Hatney. Mr. Hatney: If the body has no objection from Administrative Services, items 12, 13, 14, 15 and under Appointments 23 and 24. Mr. Brigham: Mr. Mayor --- Mr. Mayor: Commissioner Brigham. Mr. Brigham: --- appointments on consent agenda we hadn’t even took nominations and uh --- Mr. Mayor: Okay, we don’t have unanimous consent then for twenty-three. Mr. Hatney: Twenty-three and twenty-four. Mr. Mayor: Twenty-three and twenty-four. Okay, we don’t have unanimous consent on this? Commissioner Bowles. Mr. Bowles: Mr. Mayor, if everybody’s willing I’d like to consent items 18, 19 and 20. Mr. Mayor: Okay, do we have any further additions to the consent agenda? The Clerk: Mr. Smith, are you offering any from Engineering Services for consent? Mr. Hatney: All Engineering Services is consent. 4 Mr. Smith: (inaudible) Mr. Mayor: Commissioner Holland. Mr. Holland: Yes, sir, I was just wondering what was the reason for number 24? Is it on consent? Mr. Mayor: We just didn’t have unanimous consent. Mr. Hatney: Twenty-three or four? Mr. Mayor: Yeah, for twenty-three or twenty-four. Mr. Smith: Did you say sixteen? Mr. Grantham: No, we’re not doing sixteen. We didn’t want to do that one. Mr. Hatney: And seventeen. We’re not going to consent that one. Mr. Mayor: Okay. The Clerk: What are we doing on it now? Mr. Mayor: Okay, Madam Clerk, um, I think we’ve got. Do we have any items to be pulled for discussion? The Clerk: Are y’all adding seventeen to the consent? Mr. Mayor: No. Okay, hearing none I’d look for a motion to approve --- The Clerk: No items to be pulled for discussion? Mr. Hatney: So moved. Mr. Holland: Second. CONSENT AGENDA PLANNING 1. SA-45 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition to amend Section 600 of the Subdivision Regulations for Augusta-Richmond County – denial and/or expiration of a variance. (Approved by Augusta Commission October 20, 2009 – second reading) PUBLIC SERVICES 2. Motion to approve Augusta Public Transit’s purchase of the following items: ARRA Grant (100% Stimulus Funds) Project Grant GA-96-Z009-00 (54609-1209) Two (2) Transit Vehicles from Daimler Buses North America $725,427.76 Supervisor Van $20,000.00 5 Maintenance Pick-up Truck $20,000.00 Bike Racks (Entire Fleet) $30,000.00 Fareboxes (Entire Fleet) $150,000.00 Handheld GPS Units $1,534.00 Three (3) Replacement Engines $80,000.00 Hybrid Fuel Bus $500,000.00 Preventive Maintenance $700,000.00 ADA Maintenance $275,453.00 - $2,754,534.00. (Approved by Public Services Committee October 26, 2009) 3. Motion to approve Pedestrian Easement Agreement between Augusta’s Historic Cottage Cemetery, Inc., a Georgia Non-Profit Corporation, and Augusta-Richmond County for the purposes of constructing, installing, acquiring, and maintaining a ten foot (10’) public pedestrian pathway across and through Cottage Cemetery. (Approved by Public Services Committee October 26, 2009) ADMINISTRATIVE SERVICES 4. Motion to approve an ordinance to amend the nepotism provisions of section 1.K of the ARC Employee Handbook and making it retroactive to January 1, 2009. (Approved by Commission October 26, 2009 – second reading) ENGINEERING SERVICES 5. Motion to approve cost-share agreement in the amount of $125,445.00 to Augusta Utilities for the Flowing Wells Sanitary Sewer System Project. (Approved by Engineering Services Committee October 26, 2009) 6. Motion to approve subject agreement to Johnson, Laschober and Associates, P.C. in the amount of $28,506.00. This award will include design changes for new construction of sanitary sewer mains and services, required documentation for environmental permits, and costs associated with splitting the Horsepen Project into two phases. (Approved by Engineering Services Committee October 26, 2009) 7. Motion to approve payment to CSX Transportation, Inc. per the approved facility encroachment agreements associated with the Goodrich Street Raw Water Pump Station Upgrade. (Approved by Engineering Services Committee October 26, 2009) 8. Motion to approve referring this request from the residents of Kipling Drive for adjustments to the islands at the entrance at Kipling Drive and Boy Scout Road to the Administrator/staff for recommendation. (Approved by Engineering Services Committee October 26, 2009) 9. Motion to approve a request from Rev. Larry Fryer of Tutt Middle School to change a portion of Harlem Avenue to Dragons Way. (Approved by Engineering Services Committee October 26, 2009) 10. Motion to approve the awarding of low bid in the amount of $56,080 to Hagemeyer North America for street light poles and fixtures for replacements/repairs in the Augusta Richmond County Urban areas for a period of one year. Effective upon date of adoption of this item. The funds are available in the Street Lighting Budget Account 2760416105414410. (Approved by Engineering Services Committee October 26, 2009) PETITIONS AND COMMUNICATIONS 11. Motion to approve the minutes of the Special Called and regular meeting of the Commission held on October 20, 2009. ADMINISTRATIVE SERVICES 6 12. Approve Final Version of the Year 1010-2014 Consolidated Plan and Year 1010 Action Plan for Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnerships and Housing Opportunities for Persons With AIDS (HOPWA) Funds and Resolution Authorizing Submission of the Plan to HUD by November 15, 2009. 13. Motion to approve the attached training proposal as submitted and approved by the ARC Coliseum Authority; and in accordance with the attached 2009 amended legislation regarding the ARC Coliseum Authority. 14. Discuss Amending the City’s 2008 Action Plan for the Reprogramming of $12,250 in CDBG Funds and $80,000 in HPRP Funds. 15. Authorize Submission of the 2009 Continuum of Care Application to HUD and Grant the Mayor the Authority to Execute all Forms associated with the Application, which includes Submission of the Follow-up Technical Submission Application, Renewal Grant Agreement and the Annual Progress Reports. FINANCE 18. Request Commission approval to accept the proposal of First Vehicle Services to Provide Maintenance Service to Augusta in accordance with the provisions of Bid Item 09- 123. 19. Approve the purchase of one bomb team emergency response truck for the Richmond County Sheriff’s Office. 20. Motion to approve the renovation of the Traffic Engineering Thermoplastic Line Painting Truck. Bid Item 09-145. Mr. Mayor: No, ma’am. We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 10-0. [Items 1-15, 18-20] Mr. Mason: Abstaining on alcohol? Mr. Hatney: Do we have any alcohol? I’m going to abstain on it. Mr. Mayor: No, but in the last meeting I’ll bet some people would’ve liked some. All righty, Madam Clerk. The Clerk: ADMINISTRATIVE SERVICES 16. Consider a request from Dapper and Company Men’s Grooming Lunge to place posters in the Municipal Building and for permission to use the city logo on publications for the “Suited for Success” event as an “Event Partner”. (Referred from October 12 Administrative Services) Mr. Hatney: Mr. Mayor? 7 Mr. Mayor: Commissioner Hatney. Mr. Hatney: Mr. Mayor, in view of the fact that I think we discussed this at length that It would be my move that we not or deny we wouldn’t want to set a precedent by doing this. this request. Mr. Grantham: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Mr. Smith votes No. Motion carries 9-1. Mr. Mayor: Next agenda item, Madam Clerk. The Clerk: ADMINISTRATIVE SERVICES 17. Report from the Administrator/staff regarding the proposed Early Retirement Incentive Program. (Referred from August 10 Administrative Services) Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, if I may, the, as you know and as I spoke about it at the budget hearing we have been looking at retirement issues for the last several years. In addition to that over the past several months we’ve been looking at that harder and harder. As we looked at that we’ve run into some fairly significant issues in reference to the fact that we do have three different plans and three different programs that we’re looking at. And we were attempting to make those as equitable as we could. That proved to be almost impossible. Looking at the equitableness of the programs themselves --- Mr. Mayor: Equitability? Mr. Russell: --- whatever that word might be, in the programs themselves. But the major issue became the cost that would be involved for this community to do that, to add additional time to the retirement plans or to add additional benefits to that proved to be very cost prohibitive in our estimation. Given the increase in our having to participate in the plans now because of the market we were afraid that to do that would put us in a untenable position as we continue to move forward. But because we do feel that there is some merit to allowing some or encouraging some of our employees with more time here we have come with the following recommendation that we have for your approval. At this point what we would like to do is allow those individuals that are currently able to retire in their plan, i.e. if it requires 60-years of service plus whatever they have to meet the current requirements for their current plan to retire. So when you take the early retirement part out of that we’ve taken the word “early” out of that. You have to meet your current requirements for whatever plan you’re in. In addition to that what we 8 would like to do is offer an incentive to encourage those people to retire. We feel that that would be cost beneficial to us as a government. And as you see we projected a savings of about $650,000 to do that in part of balancing the budget. That incentive would be very simple. We would give them one extra years credit. If they’re already eligible to retire they would receive one extra years credit. In addition to that we would like to reward those individuals that have been judicious in the use of their sick leave by allowing them to use up to six months of their sick leave toward retirement credit, i.e. the individual who has been here for 35 years who has been lucky enough not to use his sick leave or diligent enough not to use his sick leave or her sick leave we would reward them up to six months of that. So an individual would receive a years worth of credit and then a potential of up to six months or 1.1 and 1/2 year credit for the use of their sick leave. After looking at that and having our economic people or actually our actuarial people and everybody else look at that we feel that that’s doable. We think it’s fair and efficient and we also think that it would allow us to take a benefit of that. In addition to that as we’ve talked about before the savings of that is how we manage those positions and we would request that you give me the authority upon that retirement not to fill those positions or to fill those at a lower salary rate as necessary based on the position itself to make sure that we don’t lose a valuable service but that we don’t lose any benefits from the retirement by immediately filling that. That would go across the board in the fact that that would be to include the Sheriff’s Office and elected officials and those kinds of people that would qualify there. And we think that would be appropriate. My conversations with the Sheriff have been positive and he and the Fire Department would have the most of those people that would be eligible. In addition to that as most of you know we had lots of people hanging around. Trying to determine as we talk about early retirement or enhanced retirement, trying to determine whether or not it’s worth their while to wait or it’s worth their while to wait and see what we’re going to do next time or whatever. I would encourage you to if we adopt this and I hope you that we allow a moratorium on discussion of that. Such that those individuals don’t sit around for another year or so trying to decide if the pot’s going to get better. In my mind this is a one-shot deal. We need to fix it so that they have an adequate time to determine that but that we know by the end of December who’s actually retiring and who’s not retiring so we can actually do that. And then not talk about early retirement again for a while so that people know that if they make this decision it’s one that they have to make a valid decision on. It’s one they make a decision on in the next thirty odd days or so and that we move forward with that. The numbers work for us financially on how to afford it. The numbers work for us financially on the impact that we think it will have given the number of people that are viably active in these programs and have the potential to retire and we would recommend your positive consideration on this paper. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Mr. Mayor based on the information that Mr. Russell has presented and that has been discussed and reviewed for quite a few years as far as retirement I’ll make a motion that we accept the proposal presented and that we allow the person retiring the employee retiring up to the 30 days to make a decision and that their retirement be effective January 1. Mr. Hatney: Second. 9 Mr. Mayor: We have a motion and second. Commissioner Bowles. Mr. Bowles: Mr. Russell, do you have any projected organizational charts for these restructured savings or anything we can actually that’s tangible that we can look at and ensure to the taxpayers that when these people retire we won’t be filling these positions back again? Because this government’s great at promising consolidation like it did fifteen years ago and then never actually following through with the elimination of positions. Mr. Russell: We thought about trying to put that together and quickly came to the conclusion that until we know what bodies and what people, that didn’t sound good. What people we were talking about it would just mainly be guess at this particular point in time. You know I think what the direction I would like from you is not to fill them for six months and then come back and give me the authority to determine those that are valuable. Our savings is not filling the positions and we’re cognizant of that. Mr. Mayor: Commissioner Johnson and then Commissioner Brigham. Mr. Johnson: Thank you, Mr. Mayor. Fred, do you have a figure of what percentage of these jobs that will have to be refilled? I know you mentioned that they will not be paid at the same pay rate as those that retired. But based on the economy you know now and know of course y’all taking that into consideration but is it a particular percentage of what these people the actual from what the rate salary was to what they will be, the starting salary will be going into the position. Mr. Russell: Once again that’s a question I’m not able to answer until we determine who is going to be in that pool to retire. I know that a lot of them are ranking people in the Sheriff’s Department that are included. A lot of them are older employees who have been there a long time but until somebody actually makes that decision that they want to retire then at that point we can work those numbers. Right now we’re looking at potentials and that’s all I’m doing at the moment. Mr. Johnson: So will they not promote once those, if you’re just saying like a captain retired then they won’t refill that position or how would that work because of course there’s room to move up. Mr. Russell: What I have talked about with the Fire Department and talked about with the Sheriff’s Office is to look at those individual positions individually. Such that there might be something that either the fire chief or the Sheriff feels to be necessary to fill. Okay? If it’s necessary to fill that would require one level of examination. If it’s necessary to fill at a lower level that would require some reorganization and have some savings there basically. Our goal is to provide as much savings as we can and therefore not to fill anymore positions as absolutely necessary. And what positions we would fill would be within a timeframe thereafter. So you’ve got the savings there. In addition to that we would consider making sure that it was a lower ranked position or whatever, i.e. as I mentioned in the budget. If it’s a high ranking or an extensive thing here can you fill it with a lower ranking person as a body on the street that would 10 do piece work or whatever. So that would be the goal. And that’s, it’s unfortunate that you can’t, I can’t tell you what you want to know until we know who’s in that pool. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Russell, I’ve been through this shell game before. I appreciate your honesty that you can’t tell us until you know who’s in the pool. The only thing I would ask is that you’ll give us a written promise once you find out who is in the pool that you will eliminate that job, that it can not be filled from the organizational chart, I would feel better about this. But I don’t think I’m going to vote for this shell game again. Mr. Russell: And I don’t think I can in all honesty give you a written thing until we looked at those individual positions and determine which ones they would be. Mr. Brigham: I asked for it after you got your written. Mr. Russell: Okay, that would require --- Mr. Brigham: And I don’t believe that one either. I just want it in writing so I can strike it out. Mr. Mayor: Okay, Commissioner Holland had his hand up. Mr. Russell: Would you require that in blood, sir, or --- Mr. Brigham: Signing with an “x” would be appropriate. Mr. Holland: Thank you, Mr. Mayor. I think he answered that. That was my concern as to whether or not this information had been shared you know with those persons. Since it’s not you hit your funny bone and I know that hurt. But I just wanted to make sure that you had shared that with the people that you’re going to try to get into this pool. Mr. Mayor: Okay, if there’s no further discussion we have a motion and a second. Commissioners will now vote by the usual sign. Mr. Bowles, Mr. Mason and Mr. Brigham vote No. Motion carries 7-3. Mr. Mayor: Madam Clerk, next agenda item. The Clerk: FINANCE 21. Report from the Tax Assessor/Administrator regarding the request from Dr. Leonard Wilensky for an abatement of 2009 taxes for property located at 1456 Walton Way. (Referred from October 6 Commission meeting) 11 Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, y’all had asked me to go out and take a look at that and I’ve done so. That is located across from the McDonald’s there. It is a state road project and not one of our projects. While I sympathize with the gentleman not being able to rent his property or allegedly not being able to rent his property because of that I do not see where we have either any liability of any reason to try and compensate him through his next tax payment because of that. I was able to get to this property, drove right up to it through the somewhat curvy roads you And I would take to get there but no more so than it takes to get to McDonald’s or whatever. recommend that you deny his request. Mr. Bowles: So moved. Mr. Hatney: Second: Mr. Mayor: We have a motion and second. Is there any further discussion? Commissioners will now vote by the usual sign of voting. Mr. Smith votes No. Motion carries 9-1. The Clerk: FINANCE 21. Consider a request from the Solo Cup Operating Corporation regarding a reduction of the January 1, 2008 value for their business personal property tax returns for fiscal year 2008. Mr. Mayor: Mr. Russell, did you want to speak to this one as well? Mr. Russell: Uh, somebody from the Tax Assessors office I believe is here to speak to this, sir. Mr. Mayor: Thank you, Melanie. th Ms. Oglesby: On October 26 the office received a letter from Solo Cup requesting (inaudible) in taxes they paid in 2008. They provided documentation that they overstated their construction and progress. Once we got this letter we went in detail checking to make sure that was correct and indeed it is. The assets that they overstated they were never in Richmond County, Augusta Georgia. Solo is making a request you know a timely request based on GA Code 485380. It is our recommendation that you have a favorable request, excuse me reaction for the refund request. These taxes if you approve this will be applied to the 2009 outstanding taxes. And I believe the total amount is $14,260.00. The Clerk: Are you recommending an approval? 12 Ms. Oglesby: Recommending an approval. The Clerk: Okay. Mr. Mayor: Do we have any questions? Mr. Grantham: So moved. Mr. Mason: I have a question. Mr. Mayor: Commissioner Mason. Can I get a second on that motion first? Mr. Johnson: Second. Mr. Mayor: Okay, we have a motion and a second. Commissioner Mason. Mr. Mason: Um, yeah I just I’m seeing quite a few of these not necessarily just from a commercial standpoint but otherwise as well. I mean how, you said that this that they had, how did this happen? Ms. Oglesby: The businesses are required to file a Statement of Business Assets Return st by April 1 of each year and they submitted this return to us. And when we received that they had reported this equipment. We didn’t know that until October. The returns come to us. st They’re due April 1 of each year. We accept what they give us basically because they’re making a true accurate return. And in turn, Solo, I guess a review of their records found out that they made an error. Mr. Mason: So it’s like an honor system thing and then somewhere down the line we figure out perhaps --- Ms. Oglesby: GA Code 485380 says that you can request a refund three years after taxes have been paid. Mr. Mason: Okay, so there’s a lapse in between. Okay. Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Motion carries 10-0. The Clerk: Magnanimous. Mr. Mayor: I like magnanimous. The Clerk: 13 APPOINTMENTS 23. Consider a request from the Downtown Development Authority to reappoint Paul King and to appoint Joey Hadden to replace Julian Roberts. Mr. Hatney: So moved. Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioner Jackson. Mr. Jackson: Mr. Mayor, with, on the Development Authority I was wanting to see if we could add Donny Thompson to that as well since he owns a bunch of property down, in downtown. Mr. Mayor: I don’t think there’s an opening --- Mr. Jackson: There’s two openings. Mr. Mayor: Well, they’re asking, you’re asking to, what exactly are you asking? They’re asking to reappoint Mr. King, to appoint Mr. Hadden. You wanting to nominate Mr. Thompson for one of those spots or? Mr. Jackson: Never mind. Mr. Mayor: Okay I’ve just been, okay but Commissioner Hatney is a member of the Downtown Development Authority Board. Could you state what you just said? Mr. Hatney: They, Authority make their recommendation and this body confirms it. We don’t make recommendations. That’s not this body’s (inaudible). Mr. Brigham: Point of order, Mr. Mayor. Mr. Mayor: Commissioner Brigham. Mr. Brigham: I disagree with that. State law allows this Commission to make appointments to DDA. It has nothing to state in there that the DDA may or may not make nominations. The practice that the DDA chose to do, the people that appoint we appoint. We can appoint anybody we want to. It don’t have to be a member of the Authority. It can be anybody. Mr. Mayor: Okay. The, but, let me just, let me get this --- 14 Mr. Hatney: Let me finish my thought. For the sake no argument this is not the only body that makes their appointments and we don’t have no heartburn with that. We accept appointments from all the other authorities. Mr. Mayor: Okay, well, structurally we have a motion to approve and a second. Correct? And has, we have a motion and second, we have to vote on these first two for these spots. And if it does not carry then we could submit more nominations. Madam Attorney, would that be? Okay, we have a motion and a second. Mr. Brigham: Parliamentary procedure would be actually to close the nominations. Mr. Mayor: Okay. Madam Attorney, from a parliamentary standpoint what would be the --- Mr. Grantham: We have a motion and a second --- Mr. Mayor: We have a motion and a second. Ms. Johnson: (inaudible) close prior to receiving the motion but you did not. Now you have a motion and a second on the floor. Mr. Hatney: Then call for the question. Ms. Johnson: The motion and a second has to proceed. Mr. Mayor: With a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Mason votes No. Motion carries 9-1. Mr. Mayor: All that for a 9-1 vote. Madam Clerk, next agenda item. The Clerk: APPOINTMENTS 24. Motion to approve the appointment of Ms. Jacqueline Humphrey as ARC EEO Coordinator. Mr. Hatney: So moved. Mr. Holland: Second. Mr. Mayor: We have a motion and second. Is there any further discussion? Commissioner Bowles. 15 Mr. Bowles: Mr. Russell, has this item been budgeted for, for the budget for next year and should we make this decision considering that the budget we’re facing in the next 30 days, we’ve got to make a decision. Mr. Russell: The position is in the budget as proposed. Mr. Mayor: Okay, is there any further discussion? Commissioners will now vote by the usual sign of voting. Mr. Bowles, Mr. Jackson, Mr. Brigham, Mr. Smith and Mr. Grantham vote No. Motion ties 5-5. The Clerk: Mr. Mayor. Mr. Mayor: As the item is budgeted and I will go ahead and vote to approve the recommendation of the Committee. Mr. Bowles: You don’t have a remote, Mr. Mayor? Mr. Mayor: Oh, yeah I do, hang on. Mr. Bowles: Batteries might be dead. Mr. Mayor: You might want to give me one. I do good at this stuff. The Mayor votes Yes. Motion carries 6-5. Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, if I can as a point of personal privilege. After several months of searching I have a recommendation that I’d like to put in front of you for the official notification for the position of Director of the Utilities Department. That individual in the notice is here and we’ll circulate that. But the individual that I’d be recommending would be Tom V. Wiedmeier a former employee of Augusta and a local resident. We have resumes, copies for your information. As you know that requires two weeks worth of public notice and I’ll ask our Clerk to go ahead and make that notification affective today and we will be able again moving forward with that process as we do. In addition to that what I’d also like to do is we have over the past several days, several weeks actually put together a survey in reference to our budget for public consumption. What this basically does is we’re going to put it on our website. We’re going to ask the public to talk about some of their priorities in that and to give us some information on how to do that. I just wanted to let you know that that will be on the website probably in the next couple of days or so and we’ll be dealing with that if you have any questions there. It talks about our funding levels, it talks about services that we provide and how would rank and rate those. In addition we did a question about the additional sales tax there to support specific funds. That’s 16 on there too as we move forward. Hopefully that will give us some additional information as we consider the budget. And I appreciate your time. Thank you. Mr. Mayor: Okay, Madam Attorney, do we have the need for a Legal Session? Ms. Johnson: Yes, sir, regarding pending and potential litigation, settlement of claims and acquisition of real estate. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 25. Motion to approve going into a Legal Meeting. Mr. Mayor: Can I get a motion to go into Legal Session to address those, for those reasons? Mr. Bowles: So moved. Mr. Mayor: Mr. Bowles made a motion. Do we have a second? Ms. Beard: 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. Jackson votes No. Motion carries 9-1. Mr. Mayor: We are in Legal. [LEGAL MEETING] 26. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Johnson: So moved. Mr. Smith: Second. Mr. Jackson out. Motion carries 9-0. [MEETING ADJOURNED] 17 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 November 5, 2009. _____________________________ Clerk of Commission 18