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HomeMy WebLinkAboutCOMMISSION MEETING August 4, 2009 REGULAR MEETING COMMISSION CHAMBER AUGUST 4, 2009 Augusta Richmond County Commission convened at 2:00 p.m., August 4, 2009, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Mason, Grantham, Hatney, Beard, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hon. Johnson, member of Augusta Richmond County Commission. The invocation was given by the Reverend Billy Atkins, Pastor, Fleming Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: And, Pastor, if you could come back up I’ve got a little something for you. I just want to say thank you so much for that wonderful invocation. By these present be it known that Reverend Billy Atkins, Pastor of Fleming Baptist Church is Chaplain of the Day. For his civic and spiritual guidance demonstrated throughout the community and serves as an example th for all of the faith community. Given under my hand this 4 of August 2009. Thank you so much. Reverend Atkins: Thank you, Mr. Mayor. Mr. Mayor: Yes, sir. Thank you. All righty, Madam Clerk, on to the delegations. The Clerk: DELEGATIONS A. Jakki Coloure Concept Global Group. RE: Beauty Challenge Tour in Augusta. Mr. Mayor: And if you could state your name and address for the record, please, and keep it to five minutes. Ms. Speaker: Good afternoon. My name is Pamela Ringo and I live in Atlanta, Georgia. Mr. Speaker: And my name is Eric (unintelligible) and I also live in Atlanta, Georgia. Ms. Ringo: We’re with the, we’re the global division of Jakki Coloure Concept Salon. The Salon has the esteemed position of being added to the world’s largest and busiest airports, Hartsfield-Jackson Atlanta International Airport. So it will be the first of its kind. And our founder Jakki Dee is a 20-year renowned veteran in the industry of health and beauty and he’s also a renowned stylist. And one of his models, the thing he holds dear to his heart is that beauty should be whole wellness and beauty from the inside out. So with that we’ve embarked on a tour of the southeast and Augusta is our first location. We thought of Augusta first because it’s the second largest city in Georgia. And anywhere this tour goes we hope to bring something 1 positive because what we know is prevalent now in society is health and wellness. Right now our health care system is taking a lot of punches but we’re wanting to bring something positive. Now we’ve got a few statistics together and in looking at those statistics it’s been astounding because I’m in relatively good health but I don’t really think of it that much but 80-million Americans suffer from some sort of heart disease and obesity is affected by 65% of Americans. That as well as stress are all major factors in health. But we want to be a part of the wellness so our tour we will engage business owners, doctors, chiropractors anyone that can within your community of Augusta that can help inform and educate the citizens of Augusta, those that may have been diagnosed or those in need of information so that they can be preventative. Next the portion that attracts or affects the health portion but also image is important and we know that image to society is good for if you were in the sight of students, if you are a police officer you are held in esteem so your image self esteem is very important. Those are things that aren’t really taught in school so we want to bring those things to your citizens as well. And today we’re here to first introduce what we’re doing but let you know why we’re coming to your city but also engage you and ask for your assistance. Mr. Speaker: The benefits of creating and maintaining good health can have a profound effect on the economy and our families and our quality of life and we believe that the health and beauty challenge tour can positively impact the community at large by educating them in disease prevention and maintaining good health and other diagnosis and improving lifestyles through meeting the beauty challenges. So basically in a nutshell what we’re saying to do is come and we’re going to host this event at Augusta Civic Center and we’re going to talk about beauty on the outside as well as beauty on the inside. We’re focusing on health and whole wellness and we think it’s a great opportunity. We’re coming before the board to basically introduce ourselves to you so that you’ll be aware and possibly receive your endorsement of the tour itself so we can say that we went before the Mayor and the Commissioners and they too are aware and they endorse this project. That’s the main purpose for us coming here today. Ms. Ringo: In the next coming weeks we’ll be engaging the businesses and doctors here in Augusta to get them onboard because the local constituents we’ll be talking to the doctors and businesses actually in their area. That’s why we want your help. Mr. Mayor: Do we have any questions? Any comments? Okay, thank y’all so much for coming today. We appreciate it very much. Thank you. Madam Clerk, next agenda item. The Clerk: DELEGATIONS B. Mr. Stanley L. Walker. RE: Introduction of the non-profit organization Development of U-N-I-T-Y. Mr. Mayor: And if you could keep it to five minutes too, please, sir. Mr. Walker: Um, how y’all doing? Mr. Mayor: Good. 2 Mr. Walker: My name is Stanley Walker and I’m the founder of the Development of U- N-I-T-Y. U-N-I-T-Y stands for Underprivileged Neglected Infants Teens and Youths. This was founded in September 2005. You see I have my vision, my vision, my mission and what U-N-I- T-Y stands for, my vision. Our vision is to support low-income minority families here in the Development of UNITY. Our vision is to help underprivileged neglected teens and youths. We also want to provide activities and different programs which includes tutoring after school and summer programs to help students better educate themselves and learn more. We want to provide for the children. What we want to provide for the children is to keep them safe and off the streets. Our mission of Development of U-N-I-T-Y is to service the communities. Our goal is to uplift the communities and we will partner with. We will positively impact youths from Richmond County by providing activities both educational and just for fun. We also want to inspire youths to be more productive citizens within the communities that we live in. We will identify several neighborhoods for cleanup projects, we will. Development of U-N-I-T-Y, underprivileged, less privileged than others, having below average incomes and rights. A lot of things they don’t have. Not able to afford new things like clothes and toys etcetera. They’re the deprived of social rights and security through poverty and discrimination. Neglected, minority the children who’s parents do not have time for them and do not care. The parents tend to themselves and others and the child is like lack of proper care. They’re ignored and disregarded to fail to attend to properly through carelessness of duty. Infants, newborns to six-year olds, children during the earliest period of their lives. Babies having babies. Some mothers who cannot provide for their families. Seven through twelve, life changes before puberty. The stage and time of being a child being innocent doing anything innocent just for fun. The period of adolescence, the early stage of development, teens, thirteen through nineteen learning their characteristics becoming young adults learning about life and being responsible. The stage and quality of being young has its advantages and disadvantages. Youth, being young, being young a period between childhood and adulthood. Bigger enthusiasm and inexperience and other characteristics of this period. Preparing the youth for today’s time and the roads ahead finding life and how good it can be to finish their education. Young people, young persons, young men, young women. We have a lot of gang violence, murdering and robbery going on and this society. I have fifteen kids that we have that we’ve taken away from the streets and bringing them into my home trying to code down some of the teenage pregnancies and just a lot of things that are going on. We have a lot of young kids that want help and a lot of people don’t pay attention to them so we’re trying to do everything we can to help them get off the streets and provide things that they need. Thank you. Mr. Mayor: Do we have any questions? Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. I’d just like to take this opportunity to commend you all for the job that you are doing. And we need more organizations like yours to work and help our young people in the community. I would hope that maybe you could get with our City Administrator to find out if there’s some way that we can work with you and maybe compensate you with some of the work that you are doing and maybe help you with your program. And maybe the Administrator could come back before this Commission and share that with us because we need a lot of work with our young people out there today. And I must commend you for the job that you’re doing. Keep up the good work. 3 Mr. Walker: Thank you, sir. Mr. Mayor: Do we have any more questions? Okay, thank y’all for coming in today and thank you for what you’re doing. Madam Clerk, if we could move on to the consent agenda. The Clerk: Yes, sir. Our consent agenda consists of items 1-31. Mr. Mayor: Okay, do we have any additions to the consent agenda? Anybody want to add #34? Mr. Brigham: I think we ought to be able to add 34, Mr. Mayor. Mr. Mayor: Okay. Commissioner Brigham, I mean, excuse me. Commissioner Smith. ADMINISTRATIVE SERVICES 33. Motion to ratify Augusta’s application/request submission for a grant award from HUD’s Neighborhood Stabilization Program 2 in association with the American Reinvestment and Recovery Act. (No recommendation from Administrative Services Committee July 28, 2009) Mr. Smith: Thank you, Mr. Mayor. I’d like to pull this #33 and bring it back to the next Commission meeting and give the interested parties time to meet and try to talk out the problems that they have. And maybe it’ll be better for all concerned. Mr. Mayor: Okay. Is everybody okay with that? Okay. Do we have any further additions? There’s not anything else but one to add. Do we have any items to be pulled for discussion? Commissioner Grantham. Mr. Grantham: Mr. Mayor, I’d recommend to Public Services that we send item #5 back to the committee for discussion and some clarification based on the requirements that are within that, the code sections that we have right now. Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: I have a question on 15. I don’t think I necessarily have to pull it if I can get my question answered. Mr. Mayor: Okay, do we need Abie up here for your question? Mr. Mason: The City Administrator may be able to answer it himself. This agenda item here, which is referencing our bus terminal for improvements. It’s my understanding, is that the same building that we’re talking about potentially selling to the MCG Foundation? Mr. Russell: That is a building that we anticipate being able to surplus at some point in the near future. The problem we’ve got is we’ve been postponing some work on the roof. We’ll 4 try and get that done fairly quickly. Hold on a second there. No, I’m sorry, wrong building. This is the terminal on Broad Street where we’re going to be making the changes due to St. Sebastian so it’s not the bus barn itself. It’s the terminal on Broad Street. Mr. Mason: You’re shaking your head yes and you’re saying no. Mr. Russell: I’m right the second time I think. Mr. Mason: Okay. Mr. Speaker: (inaudible). Mr. Russell: You had me confused there. But it’s the terminal on Broad Street that we’ve got to reconfigure the parking lot due to the construction at St. Sebastian. I apologize. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Mayor, item 9 is not the motion that was made in committee. The motion that was made in committee was to take $300,000 from the Contingency and after that $300,000 was spent then we would revisit the item. It was not that we would do an additional $300,000. Mr. Mason: I’d like to pull this one, Mr. Mayor. We need to talk about it. Mr. Brigham: We can either pull it or we can do what ever we need to do but that is not the motion that was made in committee. Mr. Mayor: Mr. Mason has requested to pull it. Okay, and I know that we have one addition to the agenda. The Clerk: Yes, sir. That is to approve the replacement of a modular building at the Diamond Lakes Tennis Center to Rainbow Homes in the amount of $50,095.00 due to the original building being destroyed by fire. This was requested by the Recreation Department. Mr. Mayor: Okay, do we have unanimous consent to add? Commissioner Bowles. Mr. Bowles: I just have a question. Have we found the parties responsible for the burning of this building? Mr. Russell: It’s still under investigation. Mr. Hatney: Mr. Mayor? Mr. Mayor: Commissioner Hatney. 5 Mr. Hatney: It was burned completely. My question is what kind of coverage did we have for that particular facility. Mr. Beck: It um --- Mr. Hatney: That’s what this is? The deductible? Mr. Mayor: Yes, sir, Mr. Beck. Mr. Hatney: Okay. Mr. Beck: Mr. Mayor, members of the Commission. To answer your question it’s my understanding that the county’s coverage has a $50,000.00 --- Mr. Hatney: Deductible. Mr. Beck: --- deductible. Mr. Hatney: Okay. Mr. Mayor: Okay. Do we have a motion? Commissioner Brigham. Mr. Brigham: Mr. Mayor, I think we need to add this to the consent also. Mr. Mayor: Okay, do we have unanimous consent to add and approve? Okay. All righty and just for the sake of clarity, Madam Clerk, if you could read back the consent agenda. The Clerk: Yes, sir. The consent agenda would consist of items 1-31 with the addition of item 34 and your addendum item #1 --- Mr. Mayor: And thirty-three referred to --- The Clerk: --- and 33 referred to the next meeting. Mr. Mayor: Okay. Mr. Grantham: And five. ADMINISTRATIVE SERVICES 5. Motion to approve an Ordinance to amend the Augusta-Richmond County Code Title Six, Section 6-7-11, relating to liability insurance so as to update the liability insurance policy requirements that each taxicab business or person hauling passengers for hire must maintain; to repeal all Code sections and Ordinances and parts of Code sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by Administrative Services Committee July 28, 2009) 6 Mr. Mayor: And five referred back to committee. Okay, can I get a motion to approve? Mr. Jackson: So moved. Mr. Mayor: Is there a second? Ms. Beard: Second. CONSENT AGENDA PUBLIC SERVICES 1. Motion to approve Augusta Regional Airport 2009 budget Amendment. (Approved by Public Services Committee July 28, 2009) 2. Motion to approve the following with CSRA RDC for nutrition services for Augusta- Richmond County: *Final amendment to 2009 Cooperative agreement *2010 Cooperative agreement *First amendment to 2010 Cooperative agreement. (Approved by Public Services Committee July 28, 2009) ADMINISTRATIVE SERVICES 3. Motion to approve a consultant contract for services with Shaw Engineering related to the ARRA Energy Efficiency and Conservation Block Grant Program, subject to staff’s ability to negotiate a contract with them. (Approved by Administrative Services Committee July 28, 2009) 4. Motion to approve of an Ordinance amending Ordinance No. 6508, which amends the Augusta-Richmond County Code, Section 2-4-20 to expand the existing Laney-Walker Enterprise Zone to include Bethlehem Neighborhood. (Approved by Administrative Services Committee July 28, 2009) FINANCE 6. Motion to approve a grant agreement with the Georgia Department of Natural Resources for the production of a historic resources survey of the Harrisburg-West End Historic District, Phase Two. (Approved by Finance Committee July 28, 2009) 7. Motion to increase the rates for providing streetlights in the suburban districts. (Approved by Finance Committee July 28, 2009) 8. Motion to approve recommended listing of SPLOST VI Projects to bond in the amount of $34.4 million with the deletion of the storm water utility program and the addition of $2M for the planning and architecture for the Webster Detention Center. (Approved by Finance Committee July 28, 2009) 10. Motion to approve the transfer of County surplus property located at 5001 Deer Trail Es. to the Land Bank Authority who has a potential purchaser. (Approved by Finance Committee July 28, 2009) ENGINEERING SERVICES 11. Motion to approve the list of streets proposed for submittal to the Georgia Department of Transportation for inclusion in 2010 LARP. (Approved by Engineering Services Committee July 28, 2009) 7 12. Motion to approve award of Construction Contract to SITEC, LLC in the amount of rd $27,005.00 for the 3 Avenue and Nellieville Road Guardrail project, subject to receipt of signed contracts and proper bonds as requested by the Augusta, GA Engineering Department. Funding in the amount of $27,005.00 is available in Urban SPLOST PHASE III for the project construction. (Approved by Engineering Services Committee July 28, 2009) 13. Motion to approve the execution of two Relocation Agreements from Georgia Power and approve their request for payment in the amount of $24,734 to relocate their distribution facilities concerning the improvements to Alexander Drive, CPB #323-041110- 296823215 Change Number Nine. Funds are available in the project Right of Way account to be transferred to the utility account. 14. Motion to approve CPB #323-04110-296823215 Supplemental Agreement Number Six and Change Number Eight and on the Alexander Drive project as requested by the Engineering Department with Cranston Engineering Group in the amount of $71,530 for changes to the median opening locations in the vicinity of the Kroger shopping center and redesign of the drainage associated with these changes to the discharge locations at Rock Creek. Funds are available in the project Right of Way account ($65,050) and Augusta Utilities account ($6,480) to be transferred to the project Engineering account. (Approved by Engineering Services Committee July 28, 2009) 15. Motion to approve award of Construction Contract to Sunbelt Structures, Inc. in the amount of $157,320.25 for the Broad Street Bus Terminal Improvements Project (St. th Sebastian Way/Greene Street/15 Street), subject to receipt of signed contracts and proper bonds as requested by the Augusta, GA Engineering Department. Funding in the amount of $157,320.25 with $71,220.25 from SPLOST Phase IV, and $86,100.00 from Georgia Department of Transportation for project construction. (Approved by Engineering Services Committee July 28, 2009) 16. Motion to approve bid award of Construction Contract to Tommy L. Griffin Plumbing and Heating Company in the amount of $3,162,281.57 for the D’Antignac Street Drainage Improvements Project, Capital Project Budget subject to receipt of a detailed project schedule, a contractor’s project team approved by the Engineering Department, a traffic control plan, a staging plan, signed contract(s) and proper bonds. Funding is available upon Commission approval of the Re-Appropriation of Funds. (Approved by Engineering Services Committee July 28, 2009) 17. Motion to approve Georgia Power Company Governmental Encroachment Agreement for Easement #31129. (Approved by Engineering Services Committee July 28, 2009) 18. Motion to approve Georgia Power Company Governmental Encroachment Agreement #31162. (Approved by Engineering Services Committee July 28, 2009) 19. Motion to approve Georgia Power Company Easement Deed #11204. (Approved by Engineering Services Committee July 28, 2009) 20. Motion to authorize execution of Change Order #2 in an amount not to exceed $170,567.00 to Crowder Construction for additional work at the Goodrich Street Raw Water Pumping Station. (Approved by Engineering Services July 28, 2009) 21. Motion to award Design Consultant Services Agreement to WR Toole Engineers, Inc. for the Capital Project Budget in the amount of $589,129.00 for the Marks Church Road Reconstruction. Funding is available in SPLOST Phase V on the Marks Church Road 8 Improvement project for the Engineering Department. (Approved by Engineering Services Committee July 28, 2009) 22. Motion to approve CPB #323-041110-296823603, Supplemental Agreement Number Two, and Change Number One for the subject project with Hussey, Gay, Bell and DeYoung, Inc. in the amount of $36,230.00 with changes associated with the survey, design and construction phase consulting services as related to water and sanitary sewer mains in the area of the Marvin Griffin Road project as requested by the Augusta, GA Engineering Department. Funds are available in Augusta Utilities project account. (Approved by Engineering Services Committee July 28, 2009) 23. Motion to approve Capital Project Budget Change Number Five and Change Order Number One in the amount of $711,152,00 with Mabus Brothers Construction, Inc. for the Morgan Road Improvements Project CPB #323-041110-296823665. This Change Order is for services associated with construction of new sanitary sewer and existing water system upgrades on the Morgan Road project. Funding is available in Augusta Utilities account 5- 7043420-5425210/80900020-5425210. (Approved by Engineering Services Committee July 28, 2009) 24. Motion to approve an Option for the purposes of acquiring an easement between Eagle Parts & Products, Inc., as owner, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvement Project, (461 sq. ft.) permanent construction and maintenance easement and (5,725 sq. ft.) of temporary construction easement from the property located at: 1411 Marvin Griffin Road, private, at the purchase price of $1,600.00. (Approved by Engineering Services Committee July 28, 2009) 25. Motion to approve an Option for the purposes of acquiring an easement between Marvin Griffin Road Investments, LLC, as owner, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvement Project, (1,277 sq. ft.) permanent construction and maintenance easement and (3,051 sq. ft.) of temporary construction easement from the property located at: 1405 Marvin Griffin Road, private, at the purchase price of $700.00. (Approved by Engineering Services Committee July 28, 2009) 26. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Marvin Griffin Road Investments, LLC, as owner(s), and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvement Project, (2,776 sq. ft.) in fee and (425 sq. ft.) of permanent construction and maintenance easement, more or less; and (7,950 sq. ft.) of temporary construction easement from property located at: 1401 Marvin Griffin Road, private, at the purchase price of $2,700.00. (Approved by Engineering Services Committee July 28, 2009) 27. Motion to approve the Re-Appropriation of Funds on SPLOST projects that were programmed for The Engineering Department. These projects, important at one time, were either constructed under other projects or undefined. Augusta Engineering Department is ready to construct critical projects but lack funding. In order to construct these projects, the funding for the projects listed below will need to be redirected. (Approved by Engineering Services Committee July 28, 2009) 28. Motion to approve Augusta-Richmond County urban and suburban roadway resurfacing list. Funding in the amount of $5,672,706.31 for the Capital Project Budget is available in SPLOST Phase III and IV respectively. (Approved by Engineering Services Committee July 28, 2009) 9 29. Motion to supplement the city’s contract with GTS in the amount of $68,355 to cover the additional costs associated with upgrading the city’s traffic camera system. Funding is available in account 272-041710-5311610. (Approved by Engineering Services Committee July 28, 2009) 30. Motion to authorize condemnation to acquire title of a portion of property for temporary construction easement for the 5020 Horsepen Sanitary Sewer, Phase 2 PIN: 128- 0-146-00-0 3419 Nance Blvd. (Approved by Engineering Services Committee July 28, 2009) PETITIONS AND COMMUNICATIONS 31. Motion to approve the minutes of the regular meeting of the commission held on July 21, 2009 and Special Called meeting held July 28, 2009. ADMINISTRATIVE SERVICES 34. Motion to approve a Resolution in support of hosting the 2010 Georgia Downtown Conference and Annual Awards Ceremony in Augusta-Richmond County. ADDENDUM 35. Motion to approve the replacement of a modular building at the Diamond Lakes Tennis Center to Rainbow Homes, Inc. (Bid Item #09-080) in the amount of $50,095 due to the original building being destroyed by fire. (Requested by the Recreation Department) Mr. Mayor: Commissioners will now vote by the usual sign of voting. Motion carries 9-0. [Items 1-4, 6-8, 10-31, 34, 35 (Addendum Item)] Mr. Mayor: Okay, Madam Clerk, on to the pulled agenda item. The Clerk: FINANCE 9. Motion to approve the request for transfer of funds from Object Code 5239112 to 5111210 within the Law Department Budget as requested for the summer interns and the allocation for $300,000 from Contingency funds for the payment of legal fees for outside counsel and authorized up to an additional $300,000 from fund balance with periodic reports to update the committee as to what is required to continue county-wide legal services through calendar year 2009. (Approved by Finance Committee July 28, 2009) Mr. Mayor: Mr. Mayor Pro Tem I believe this was your pull. Mr. Mason: I wasn’t part of the Committee meeting that met on this so someone else can discuss that portion of it. But I certainly was a little bit disappointed to find out number one that monies was transferred from the Law Department without the Law Department knowing about it in the first place or even authorizing those transfer of funds. And to this date no one can tell me who transferred those funds and why those funds were transferred or who’s responsible Number two, for transferring them rather without the approval of the, our legal counsel for one. 10 I would just make the motion that we approve as the motion is read and that’s my comment at this point. Mr. Mayor: So you’re putting that in the form of a motion? Mr. Mason: I am. Mr. Holland: I second that motion. Mr. Mayor: Okay, we have a motion and second. Commissioner Brigham. Mr. Brigham: Mr. Mayor, the motion that was made in Committee was to transfer $300,000.00 from the Contingency to meet our legal bills and if that money was expended then to revisit this item. I don’t think we need to go beyond monies that we currently have in the budget and take money out of the reserve funds to pay legal bills that we don’t know when we put it in the budget we don’t know we’re necessarily going to have. The other thing is I didn’t know that we transferred any funds from the Legal Department that the Legal Department didn’t know about. We reallocated funds that they requested in this motion. I don’t know of anything else that we’ve done. Ms. Johnson: The funds were requested after the $150,000.00 was transferred. I was notified after it was transferred with the instruction that the outside counsel budget had been depleted and this agenda item was needed. I was not asked or informed. I was told after the money had already been transferred. It was part of the funds expended including the $300,000.00 that was in the Countywide Fund for outside counsel. That plus the $150 had been expended as the agenda item reads. Mr. Brigham: Mr. Mayor, I still think getting back to the real crux of the matter is we should not spend more than what’s in our Contingency Fund. And the most we’ve got in there is $400,000.00 and I think that would be foolish to put all $400,000.00 of that in to paying for outside legal counsel. I don’t think, I think $300,000.00 we need to find out. Nobody is giving me any indication they’re guessing what legal bills are going to be between now and end of the year. Nobody has any indication whether it’s going to be $300,000.00 or $150,000.00 or $500,000.00. And I don’t think we ought to budget anymore money than what we currently have in the budget. I don’t think we ought to dig deeper and deeper into our reserve funds just to pay legal bills that we don’t know for a fact we’re going to incur. Mr. Mayor: Commissioner Hatney. Mr. Hatney: The thing that I’m concerned about I was in that meeting and when this item was being discussed they talked about just what I see here. And because one of the reasoning was what Commissioner Brigham stated you have no idea what you’re going to be using. And that’s why they said to authorize up to an additional $300,000. Because they have no idea what extras would be needed. It did not say it would come back to the Commission. That motion in here is exactly what was said. 11 Mr. Mayor: Okay, Mr. Mayor Pro Tem. Mr. Mason: Yes, thank you, Mr. Mayor. Mr. Mayor: Do you want to defer to Ms. Johnson first? Mr. Mason: No, I don’t. If we look at the historical data of the dollars that’s been expended from our Legal Department let’s just say in the last four or five years that we take the time to look at that you will see anywhere from $1.4 million to $1.9 that has been spent on legal fees. So in my mind looking at historical data and it has consistently gone up from 2005 or 2004-2008 with the exception of last year. So it’s a little difference of maybe $17,000.00. But it still went up every year. That tells me that we’re right on target in terms of asking for funds because we have expended those funds for the last five years. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: Just an observation here. One of the things that concerns me seriously is that when something like this happens nobody knows who authorized it. Something’s wrong with that picture. Somebody told somebody to move that money. Somebody did. It didn’t just up, he went home one evening it was in the account and he came back the next morning and it was gone. Somebody gave the authorization and that doesn’t make us look good at all when $150,000.00 goes from one account to the other and nobody knows who’s responsible for it. Something wrong with that picture, seriously. Mr. Mayor: Okay. Mr. Russell. Mr. Russell: That’s not completely accurate. I apologize for not trying to clear this up a little bit sooner. But the $150 was moved to cover the outside lawyers’ expenses. Ms. Johnson was notified of that move and while we probably should’ve asked, we moved it because we had bills we had to pay. The amount of dollars we anticipate spending is based on historical knowledge. And that’s why I’m not uncomfortable with the up to amount that we talked about, in the past as Commissioner Mason has mentioned we’ve done that. I can understand your concerns, Commissioner Brigham, and would suggest that we keep you informed on a monthly basis on those costs as we move forward with that. But given the nature of the legal system that we deal and the dollars we’re going to have to spend to get us through that I mean I’m to sure it’s worth your time for us to come back every two weeks to add an additional 50 or 60 or five or six thousand dollars at this point. I think what would best serve us is to go ahead and move the money as recommended and then move forward with that and keep you informed on what we’re doing. The numbers aren’t outside the scope of what we normally spend. We probably and my fault would be that we probably didn’t do a real good job of initially budgeting that. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. Maybe to clarify this a little further would be than when we’re going to authorize this additional $300,000 in the fund balance we’re asking in this motion that it be with periodic reports and I think we need to be a little bit more specific. 12 And I think that’s where Mr. Russell might have been going that we get a report, a monthly report based on the expenditures of outside counsel. And I would also like to further say that we would ask Ms. Johnson to give us a report of the outside counsel since she’s not the one to my understanding that has been engaging all of these counselors as far as charges go. And I’d like some more clarification along those same lines. Mr. Mayor: Okay. Mr. Mayor Pro Tem, would you like to amend your motion to include the monthly report portion of it? Mr. Mason: I’ll amend it to include that if it also includes the fact that within that report if there’s any additional transfers without anybody’s knowledge. That needs to be included in there too. Because the one thing that we don’t need is without knowledge or approval this Legal Department is being held to the fire, blasted in the media for things that have gone on that has nothing to do with them. So as long as this report is comprehensive in nature I think that’s a good idea. Mr. Mayor: Okay, thank you. Mr. Russell. Mr. Russell: If I can, too, we’ve had a tradition here where outside department heads outside by purview had what I would almost consider the ability to engage legal advice without either my knowledge or the attorney’s advice, i.e. some of our elected officials and some are very good at that and some aren’t. I would suggest that you as part of this let us direct them that we’re not going to incur debt in these particular areas unless either myself of the attorney signs off on that. I really don’t have any business doing that but --- Mr. Mayor: And --- Mr. Russell: --- I think that’s important too that we set that step and move forward because we’ve got people now that are you know that have traditionally in the past done that. But it’s time for us to clean that up too and we need some direction from you to make that happen. Mr. Mayor: And --- Mr. Grantham: I have a further comment if you don’t mind along those lines. I think that we need to discuss this more in a legal meeting because we don’t know the seriousness of the reasoning behind outside lawyers. And at that point I think that’s what Ms. Johnson can give us that information, giving us the reason to authorize that payment as well as the services of that attorney. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: The comment I’d make on that is that we can stay and talk until the sun goes down and rises again. If we’re not going to do business, as business ought to be done we’re going to stay in the same old rut. You see if we have a doorkeeper there shouldn’t be nobody 13 permitted. And no disrespect to you, Mr. Russell, but you ain’t no attorney. You shouldn’t be approving that. It should be the general counsel’s job. Mr. Mayor: And, Mr. Mayor Pro Tem, would you --- Mr. Russell: Being not an attorney and thank you. Mr. Mayor: --- and, Mr. Mayor Pro Tem, would you like to amend your motion for the second time to include the Administrator’s recommendation? Mr. Mason: I’d like to hear what all that is because we’re starting to add a lot to it. Mr. Mayor: Okay. Mr. Mason: I kind of need to know what we’re talking about. Mr. Mayor: Okay, Madam Clerk, can you? The Clerk: The motion was to be made by Mr. Mason was to approve the agenda item as it is written with the addition of monthly reports to be provided to the Commission and that no transfers of funds should be made without the proper notification to the Attorney and or the Administrator. Mr. Mayor: I think we can just leave it to the Attorney. Mr. Hatney: The Administrator he should be out of that. He shouldn’t be in it. Mr. Mayor: Mr. Mason, just the Attorney on that? Mr. Mason: Just the Attorney and that was a comprehensive report. Mr. Mayor: Mr. Bowles. Mr. Bowles: Mr. Mayor, it seems to me since is basically a department head or legal counsel or come to us as well. It should be voted and approved on by us since we approved the budget. A department head should have the authority to change their budget without some sort of signature and sign off. Mr. Hatney: That’s true but that shouldn’t be a part of this motion here because that applies to the whole city. Mr. Mayor: Okay. Commissioner Brigham. Mr. Mayor: While we’re on legal services and looks like we’re going to have a rambling discussion I personally feel like any engagement of any outside attorney needs to be approved by this Commission not just the idiot attorney’s that Ms. Johnson hires. I think any legal elected 14 official that hires an attorney if we’re going to pay for them we ought to be able to see the Letter of Engagement and approve that Letter of Engagement. Mr. Mayor: And let me --- Mr. Brigham: I really think that needs to be the policy adopted by this Commission. Mr. Mayor: Okay, let me just make a quick comment. What I would sort of like to see here is to get us to approve the Mayor Pro Tem’s motion. I think we all see that we all have input that we want to get in and to get into legal affairs I don’t know that we’re going to comprehensively take care of everything in one motion today. So I think it just, to take a few steps down the road would be a good thing. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. You know you took the words out of my mouth. We have a legal counsel here that we’ve placed our trust in. And we’ve given them the opportunity to do the job for this city. You know here we are sitting up here making specifics while legal counsel that we’ve hired you know I think is really unfair. We have a motion here that we’ve seconded and I call for the question at this particular time so we can move on and give our legal counsel the opportunity to do the job that they’re supposed to do. Mr. Mayor: Thank you, sir. The question has been called for. Commissioners will now vote by the usual sign of voting. Mr. Brigham: Mr. Mayor, reread the motion? Mr. Mayor: Miss Nancy, can you read it back again? The Clerk: The motion was to approve the item as it is written on the agenda with the inclusion of comprehensive monthly reports to be given to the Commission and that no transfers of funding are to be made without the proper notification to the Attorney. Mr. Hatney: I have to ask one question. Mr. Mayor: The question has been called for. Mr. Hatney: I know, I hear you but I have to ask this question, Mr. Mayor. How can you hold somebody --- Mr. Mayor: Point of personal privilege. Mr. Hatney: --- accountable, point of personal privilege, thank you. How can you hold somebody accountable for something when they don’t know who the lawyer is until they get a bill? Mr. Mayor: Well, I think we’re working our way towards that. 15 Mr. Hatney: Working towards it. Mr. Mayor: Commissioners will now vote by the usual sign. Mr. Hatney: I already voted. Mr. Mayor: You going to talk after you vote? What’s that all about? Mr. Bowles and Mr. Brigham vote No. Motion carries 7-2. Mr. Mayor: Okay, Madam Clerk, on to the regular agenda. The Clerk: PLANNING 32. Z-09-38 – A request for concurrence with the Augusta-Richmond County Planning Commission to deny a petition by Dwight Miller, on behalf of Mistry 21 Investments LLC and Arvind Patel, requesting a change of zoning from Zone R-1A(One-family Residential) to Zone R-MH(Manufactured Home Residential) affecting property containing approximately .24 acres and is the rear yard of 3527 Bullock Avenue. (Part of Tax Map 120-0-161-02-0) DISTRICT 5 (Deferred from the July 21, 2009 Commission meeting) Mr. Mayor: Mr. Patty. As compared to the last meeting you’re only up once today. Mr. Patty: Thank God. This is a quarter-acre lot in an old enclave on the north side of Meadowbrook Drive, Bullock Avenue, Byron Place, and Prince Drive and there’s a lot of older development in that area surrounded by newer subdivisions. The lot’s a quarter of an acre in area. It’s got a house on it. The applicant wants to put a mobile home in the back yard, which the zoning ordinance will not provide for. He’s asked to rezone the property from R-1 to R-MH in order to accommodate that. He’d also have to have numerous variances to do this. We’ve got objectors. We think that it would be a terrible precedent to set. We do have a few situations in that area that go way, way back where you’ve got second units on properties. As a matter of fact we surveyed the area and we found 9 out of 98 properties that have structure that could be a second living unit on it. But it’s not an overwhelming number and we think it would be huge mistake to approve it. We recommend that you deny it. Mr. Mayor: Okay, thank you, sir. Fred, yeah I wanted to count the objectors. Do we have any objectors here, present in the audience? Can y’all please raise your hands again? Mr. Russell: Three, Madam Clerk. The Clerk: Thank you. Mr. Mayor: Okay, and we’ll now give equal time to the petitioner. Sir, if you’d like to speak? And if you could keep it to five minutes please sir. 16 Mr. Ferguson: Thank you Mr. Mayor Commissioners. I’m Al Ferguson 2605 (unintelligible) Court representing Dwight Miller, Mistry 21. Mr. Mayor, Commissioners this home at 3527 Bullock were a unintelligible) for 5-6 years without any concern shown by the communities. When this home was purchased we had an idea that we would then also do a single manufactured home in the back. I did speak to Mr. Patty. He said well it can be done and if it’s done it has to be done through a flagpole. But he said I disapprove of that because it would encourage others. And I said to Mr. Patty that we’re not here to continue this but when we purchased the home there were homes next door across the street down the street and in the back had the same profile that we’re asking for. In fact the house next door it has three manufactured rental properties in the back. So we asked for that same consideration. So I do understand Mr. Patty’s position and I want to escalate that. Well my concern is, is that in order to a provision on that perhaps maybe I don’t know run a notice or what have you because you walk into the donut shop you thinking you’re going to get donuts. You walk into a community that has that particular profile down the street you’re thinking it’s okay. You’re not asking for a service station or whatever so it wouldn’t be out of line with the profile. So we purchased that bearing in mind. We do not wish to continue this process to continue a purchase and manufactured homes on this basis but we do ask for Mr. Patty and Mr. Mayor and the Commission to have a reconsider or consider this as it is. Then thereafter whatever provision or Mr. Patty would like to take by notifying the community that this community is no longer applicable for a manufactured home in the back. Mr. Mayor: Okay do we have any questions. Okay can I get a motion on this? Mr. Brigham: Mr. Mayor. Mr. Mayor: What’s that? Oh, excuse me. Jerry. Mr. Brigham: Mr. Mayor, is this a, are we creating a flagpole lot on this property or what are we doing if we approve it? I don’t even, that’s what I’m trying to figure out. Mr. Patty: The lot is small and the location of the existing houses are such that the only way to do it would be to subdivide the back yard as a no-frontage lot basically. You’d have to cut it in half and set the back up with an easement through the front. So it’s not big enough to do any sort of flagpole lot. Mr. Brigham: So this is really a request to create a flagpole lot? Mr. Patty: No it’s to create, to subdivide to create a separate lot which for what is now the back yard of this house. You couldn’t do a flagpole because there isn’t room to get a flagpole around the front of the, towards the front of the property. Mr. Brigham: You can’t do a flagpole lot so it would be a landlocked lot. Mr. Patty: Landlocked lot, basically. 17 Mr. Brigham: Mr. Patty, that’s not good zoning, is it? Mr. Patty: No. Mr. Brigham: Okay. Mr. Mayor: Commissioner Mason. Mr. Mason: Mr. Patty, is there other parcels of land out there that are just like what he’s referencing? Mr. Patty: We certainly rode all those streets out there, four main streets and we found 9 out of 98 parcels that have a structure that might be residential, second residential structure. We didn’t go in the back yards, knock on doors but we had nine that appeared that they could be residential structures. So it’s out there. None of it was approved by zoning. It goes back for years. How long I don’t know. The one next door we checked on that this morning. It goes back to ’85 and none of that was approved by zoning. It somehow got done. Mr. Ferguson: Well, in fact Mr. Commission I and Mr. Patty, I made sure that he was aware of the property next door that has three rental properties in the back. And I went back there and talked with those individuals and I made them aware. And also Mr. Austin that this is the profile where the houses sit in. Now on page 3 I believe Mr. Patty I made him aware of a manufactured home. I think you have about what 4, 5, 6 or 7 on the next corner right to your right, left that has doublewide manufactured homes. So perhaps Mr. Patty was not --- Mr. Patty: Yeah this, the plan the comprehensive plan addresses that in this area and I think there’s realistically recognizes that there are a lot of manufactured homes in this area. And it might support a manufactured home if it could be set up on an individual lot like the other houses are or at least are supposed to be. Whether or not there can be mobile homes in this area is not the issue before you today. It’s whether somebody can sell the back yard and put a mobile home on it. Mr. Hatney: Mr. Mayor. Mr. Mayor: Commissioner Hatney. Mr. Hatney: I hear the young man talking but one thing I discovered in the year 2004, in 1999 when we were wrecking a building we did not have to have sprinklers because the code didn’t state for it to be so. But after we had a fire not only did we have to have sprinklers we had to have a ramp going into the back door, stairway coming upstairs, there’s a whole lot of improvements. And ya’ll told me you can’t do it because the code is changed. You want to get back in here you got to, I’m not, one way the other it doesn’t matter to me. But what I’m saying is if we’re going to have stuff in communities that we don’t want there then somewhere along the line it’s got to be stopped. But I don’t think it’s going to stop with this only person that’s trying to do it. You know because you’ve got nine other units there. If there weren’t any there I could you I could understand it. And I see your heartbeat. Go ahead. 18 Mr. Mayor: Commissioner Smith then Commissioner Holland. Mr. Smith: Thank you, Mr. Mayor. George, several years ago we had a program in which we were trying to clean up south Augusta out there with some of the old mobile homes. And now you have to have some kind of special exception to do that. And with a lot that small and I see you have you’re recommending denial in that area on Bullock Avenue. Isn’t that a short street, kind of tight in there? Mr. Patty: Two or three streets that run back in there, Bullock, Prince, Byron and there’s one that runs across there. So it’s a small enclave. It kind of predates the other stuff that runs around it. And there are mobile homes in there. There are probably, 30% of the units in there are mobile homes. But like I say that’s just --- Mr. Smith: But they’ve been in there for, grand fathered in. Mr. Mayor: They’re either grand fathered or they go back far enough that the county has not chosen to take them down at this point in time. They’d have to go back to ’63 to be grand fathered. That’s a long time. Mr. Ferguson: If that’s so then you have half a block at least a fourth of a block of mobile homes that are not, does not meet grandfather. Mr. Mayor: Okay. Commissioner Holland and then I’ll give five minutes to one of the, you’re one of the objectors. Ma’am? Ms. Speaker: Yes, I am. Mr. Mayor: Okay and then I’ll give you your time as well. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. I rode that area with Mr. Ferguson and we looked at the whole area out there. And I was concerned also about the fact that there are some other manufactured homes in that area. And of course we looked at the lot that he wants to place this home on. And I went to get with Mr. Patty how much of an affect would this have on the community by placing this home that he’s trying to build there. How much of an affect would have on the community by placing that home there. Mr. Patty: I think that’s by far my main concern because every lot out there is at least a quarter of an acre which is the size of this one. So theoretically everybody out there would inherit from this action that you go along with it the right to put a mobile home in the back yard if you set that precedent. All of a sudden you’ve got twice as many units out there and twice as many school kids and twice as many fires you know so that’s the problem. You could essentially, you’re going to increase the density, possibly double the density out there if you approve this and I think that’s a real bad precedent for the area and a real bad precedent period. Mr. Mayor: Ma’am, if you could state you name and address for the record, please. 19 Ms. Speaker: Yes I’m Reverend Minnie Davis and I live at 3534 Prince Road which is directly behind the property’s he’s referring to. And I feel that if we could put a trailer on a quarter of an acre plus a house then sir what’s going to happen if we allow this to start happening there. And the other trailers that are there they sat on more than a quarter acre of land. And the three that he’s referring to that are next door they are not manufactured homes because they sit right in my back yard. They were there when I arrived in 1989 and they are homes that someone actually built out of blocks and other structures. It is not manufactured, they’re not motor homes. Mr. Ferguson: Please forgive me. Mr. Mayor: Okay. Mr. Ferguson: I though it was. I seen three singles back there but I also since she mentioned Prince Drive where she’s living --- Ms. Davis: Yes. Mr. Ferguson: --- if you take a look at 3501 Prince Road those houses that you’re looking at in the back they do have manufactured back there. Ms. Davis: Sir, that was placed back there years ago. I do not live in a manufactured home. The property that you’re trying to put a trailer or squeeze it there is almost adjacent to my back yard. And I figure that if you would be allowed to put two properties on a quarter of an acre of land what’s going to stop anybody else from wanting to do the same thing? My you now I am not trying to fix it so folks don’t have home because I believe that they should have a decent place to live. But they should be put there decently and in order. Mr. Mayor: Okay, thank you, ma’am. I’m being to feel like Judge Brown up here. But I believe we’ve given equal time to everybody. I would for --- Mr. Holland: Mr. Mayor? Mr. Mayor: Commissioner Holland. Mr. Holland: Are those other homes occupied? Ms. Davis: Yes, the three he’s referring to? Mr. Holland: Yes, ma’am. Ms. Davis: I don’t meddle in my back yard but I believe they are. Mr. Holland: Well, I can see some neighbors or something. 20 Mr. Mayor: Okay, can I --- Mr. Holland: It’d be like you could see someone walking in and out of the house if it was occupied. Ms. Davis: You’d have to part trees to look and I don’t. Mr. Holland: Okay, well --- Mr. Mayor: Bless you, we need more neighbors like you. Can I get a motion on this? Mr. Jackson: Motion to deny. Mr. Smith: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. The Clerk: Mr. Hatney? Mr. Grantham: Are you going to vote? Mr. Mayor: Have you gone into a trance again? Mr. Hatney: I can’t vote for this. I really can’t. Mr. Mason votes No. Ms. Beard, Mr. Holland and Mr. Hatney abstain. Motion fails 5-1-3. Mr. Mayor: No action taken so I guess we will see this one again. Okay, I believe the Attorney has requested a brief Legal Meeting. If I could get a motion and, Ms. Attorney, if you could tell us the -- Ms. Johnson: Yes, you’re receiving a report from outside counsel on pending and potential litigation. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 36. Motion to go into a Legal Meeting. Mr. Mayor: Can I get a motion to go into Legal for that effect? 21 Mr. Grantham: So moved. Mr. Hatney: Second. Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual sign. Ms. Beard, Mr. Mason, Mr. Holland, Mr. Brigham, Mr. Smith, Mr. Hatney and Mr. Grantham vote Yes. Mr. Bowles and Mr. Jackson vote No. Motion carries 7-2. Mr. Mayor: We are in Legal. [LEGAL MEETING] Mr. Mayor: I’ll go ahead and call the meeting back to order. 37. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Hatney: So moved. Mr. Mayor: We have a motion. Do we have a second? Mr. Mason: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Mayor: With no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Nancy Morawski Deputy Clerk of Commission 22 CERTIFICATION: I, Nancy Morawski, Deputy Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on August 4, 2009. ____________________________________ Deputy Clerk of Commission 23