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HomeMy WebLinkAboutCOMMISSION MEETING December 1, 2009 REGULAR MEETING COMMISSION CHAMBER DECEMBER 1, 2009 Augusta Richmond County commission convened at 2:00 p.m., December 1, 2009, 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 the Reverend Brian LaFavor, Pastor, Crawford Avenue Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: All righty, we have a quorum. And in the interests of everybody’s time I’ll go ahead and call the Regular Commission Meeting to order. And I’d like to call on Reverend Brian LaFavor, Pastor, Crawford Avenue Baptist Church for our Invocation. Please stand. Pastor, if you could join me up here. I’ve got something for you. And thank you for that wonderful prayer. I think that was very appropriate. By these present be it known that the Reverend Brian LaFavor, Pastor of Crawford Avenue Baptist Church is Chaplain of the Day. For his civic and spiritual guidance, demonstrated throughout the community. Serves as an st example for all of the faith community. Given under my hand this 1 Day of December 2009. (APPLAUSE) Madam Clerk, on to the Delegations. The Clerk: DELEGATIONS A. Ms. Trisha Sprouse, President, Goshen Residents Association. RE: NSP2 HUD Grant Application. The Clerk: Trisha? Mr. Mayor: Are you? The Clerk: Are you filling in? Okay. Mr. Mayor: Okay. If you could state your name and address for the record, please, sir --- Mr. Speaker: My name --- Mr. Mayor: --- and if you could keep it to five-minutes, please. Mr. Speaker: Okay. My name is Billy Wingate. I live at 4040 Goshen Lake Drive in Augusta 30906. And I’ve got a thing we put together. You know we’ve been worried about this 1 thing about the Goshen residents, about this HUD thing. We would like to thank the Mayor and the county Commissioners for allowing us to speak. And of course my name is Billy Wingate, I told you. We have been continuously working to on stopping NSP2 HUD Application for the Village of Goshen. We would like to update you on our progress. We have sent a letter to HUD expressing our concerns and complaints. Mr. Andrews with Capital City Bank left a message on our association presidents, on Patricia Sprouse’s phone, cell phone stating that the Village of Goshen was not in foreclosure. If this is the fact then the Village of Goshen does not qualify for the funding. The HUD office in Washington told us that if the properties are not purchased by people that qualify based on low to moderate income these properties would not be available for people outside of the income guidelines to purchase and invest in invested properties. When asked if the properties could be rented if not sold we were told yes. But again the income guidelines must be adhered to. Then when asked if Section 8 would qualify as a renter we were told it was possible. Hence there is a possibility that this area could be totally Section 8 based on the income requirements. The residents have been closing, the residents of Goshen and the surrounding area feel that we have been misled in many ways. We are asking you, the Commissioners to vote with the integrity we have come to expect and say no on the NSP2 HUD Grant for the Village of Goshen. And that’s about the size of it. Mr. Mayor: Okay. Mr. Wingate: We certainly appreciate y’all letting us talk today. We just wanted to bring it up to date. We haven’t heard anymore but it was to come up at the Commissioners meeting in December. Mr. Mayor: And to the best, we haven’t heard anything either unless we have not heard anything at this point. But thank you, sir, and do y’all have any questions or? Mr. Grantham: Is Mr. Wheeler here? Mr. Mayor: What’s that? Mr. Mason: Mr. Wheeler, I mean is he, Chester, the Director? Mr. Mayor: Is Mr. Wheeler here? Mr. Smith: He was out there in the hall. Mr. Grantham: We need to hear from him. Mr. Speaker: He’s coming. Mr. Mayor: Okay. Mr. Wheeler: Good Afternoon. 2 Mr. Mayor: Good Afternoon. Is there any, I guess were you looking for an update as to where the application stands? Mr. Mason: Yes, I’m looking for an update but I’m also looking specifically to hear in reference to the statement. I don’t know if you heard what the gentleman made in reference to the potential or the possibility of Section 8 being able to rent out there. I know when we were discussing this we were specifically told that Section 8 definitely would not qualify. And I guess he has some other information. Do you have any? Mr. Wheeler: There are two things I think. The developers specifically stated that he would not permit a Section 8 development. That came from Mr. E.R. Mitchell, Jr. That was a statement directly from the developer. I have not received informal or formal word on the grant application at all. Let me back up. About six weeks ago, eight weeks ago we were informed that we had met threshold. Threshold means that you dotted your ‘i’s’ and crossed your ‘t’s’ in terms of the application. It did not mean that the application would be funded in any way shape form or fashion. Since that time they have not advised me formally or informally by any means, telephone or in writing of the acceptance or funding of our application. Mr. Mason: So based on your, I just got to follow up, Mr. Mayor. Mr. Mayor: Please. Mr. Mason: So based on your knowledge of the requirements of the application are you saying it’s in your opinion or what opinion do you have in reference to Section 8 being, having I’m not talking about what the developer is saying. But I’m saying as far as the qualifications or prerequisites within the application of who can or who can’t. What is your opinion as far as Section 8? Mr. Wheeler: Okay, there are two responses to that. One from a regulatory standpoint in my opinion Section 8 is permissible. However in order to get Section 8 you have to have vouchers. That meant the Housing Authority has to permit or sign vouchers or Section 8 classification to the properties. An individual just cannot come to a property and say I want to reside in this property. It has to be one that has gone through a process of acceptability by the Housing Authority and to my knowledge there has been no discussions with anyone at the Housing Authority about that particular project being considered for Section 8. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: You mentioned the developer. I believe his last name was Mitchell? Mr. Wheeler: E.R. Mitchell. Mr. Hatney: Yes, I think he did state that they were, I think the compromise they proposed they would build 97 units. Is that right? Mr. Wheeler: That’s correct. 3 Mr. Hatney: And these units would be all for sale is the last I heard. Mr. Wheeler: Exactly. Mr. Hatney: Is that nothing to the contrary? Mr. Wheeler: I have not heard anything. Mr. Hatney: So that’s all we know. Mr. Wheeler: That’s all I know. Mr. Mayor: Okay. Any further questions? Okay, thank you, sir, and thank y’all for --- Mr. Grantham: Just one question just for clarity --- Mr. Mayor: Commissioner Grantham. Mr. Grantham: --- just to clear up something I think was said out at the meeting at Goshen. Um, Mr. Wheeler with all the applications in there any everything with the ‘i’s’ dotted and the ‘t’s’ crossed suppose we do get granted. Then it’s my understanding that has to come before this body to be approved after we receive the grants in order to move forward with the funding of the project at Goshen. Mr. Wheeler: Yes, sir, that is true. Mr. Grantham: Okay, so at that point would Section 8 be included in a recommendation to where we would have a decision to make to vote in favor of or not in favor of Section 8. Mr. Wheeler: The application as it was prepared had no reference to Section 8 and again to my knowledge there have been no discussions with, to my knowledge with the developer with the Housing Authority and certainly I have had none. Mr. Grantham: I just wanted to clear that up. We do have that opportunity. Mr. Mayor: Okay. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. How will we classify, Mr. Wheeler, how will we classify low to mmoderate-incomepersons? Mr. Wheeler: If 80% area medium income that’s the max. So if area medium income is $46 thousand dollars, 80% of it then the maximum household income could be 80%. And I don’t know it may be 86 or 89, somewhere around there. 4 Mr. Holland: So those persons that would qualify for low to moderate income would be able to move into this particular area? Mr. Wheeler: Absolutely as long as their income was within the, no higher than 80% of area medium income. Then they would qualify. Mr. Mayor: Okay, Commissioner Bowles. Mr. Bowles: I hate to prolong this, Mayor, but Chester I thought we were told it was 120% for the NSP2 Grant. Mr. Wheeler: And, Commissioner, you may be accurate on that. I just spent time on a portion of that I didn’t remember but, yes, it is 120% area medium income. Mr. Bowles: Okay. Mr. Wheeler: And again I’ve got NSP1 and NSP2 and they’re two totally different projects. Mr. Bowles: Maybe we can get all these loose ends tied up before we have to approve this. Mr. Mayor: Absolutely. Mr. Wheeler: He’s right. Yes, he is, I apologize. Mr. Mayor: Okay. Mr. Hatney: In view of the fact that we ain’t got no money yet I think we ought to move on to the next item. Mr. Mayor: Okay. Okay, thank you and thank y’all for your input. Thank you for your update. All righty, Madam Clerk, on to the consent agenda. The Clerk: Yes, sir. Our consent agenda consists of items 1-15 items --- Mr. Mayor: I’m glad y’all got to see each other. Madam Clerk, the consent agenda. The Clerk: All right Mr. Smith. We’re ready now. Consent agenda consists of items 1- 15, items 1-15. Mr. Mayor: Okay, do we have any items to be added to the consent agenda? Commissioner Jackson. Mr. Jackson: Thank you, Mr. Mayor. Item #16. 5 Mr. Mayor: Okay. The Clerk: What was that again? Mr. Mayor: Sixteen. Mr. Jackson: Sixteen. Mr. Mayor: Do we have any other items to be added to the consent agenda? Mr. Hatney: What about twenty-two? Mr. Speaker: Number twenty. Mr. Mayor: Um, number, okay, twenty-two was announced first? Okay. Commissioner Smith. Mr. Smith: Number twenty. The Clerk: We don’t have a name. You want to give us a name? Mr. Russell: --- house last week, two weeks ago for the public. The Clerk: You want to put it on the consent? Mr. Russell: Yes. The Clerk: Okay. Mr. Mayor: Okay. The Clerk: Is that okay? Okay. Mr. Mayor: Okay, are there any further items to be added to the consent agenda? Okay, hearing none are there any items to be pulled for discussion. Oh, Mr. Administrator. Mr. Russell: I’ve got something to fix here. Go ahead. Mr. Mayor: Okay, any items to be pulled for discussion? Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: I don’t believe we can do item fifteen since we just adjourned that meeting. I doubt if the minutes are prepared. 6 Mr. Mayor: What’s that? th Mr. Brigham: I don’t think the minutes are prepared for the November 17 meeting. Are they? I got a lot of faith in Ms. Bonner but I --- Mr. Mayor: They’re in there. Mr. Clerk: They’re in there. What we were asking, well, we put in there what we did everything but. Mr. Brigham: Well, I think if we’re going to approve the minutes for the meeting I think we need to approve all the minutes for the meeting not part of the minutes for the meeting. The Clerk: Do you want to delay it and I’ll it for you before the end of the meeting? Mr. Brigham: That’ll be fine. The Clerk: Okay, we can postpone and we’ll have that section ready for you, Mr. Brigham. Mr. Mayor: Mr. Russell. Mr. Russell: Item two, sir, you approved the ADP contract. We have a, the revised version of that for your instructions. And that would be attached to that as opposed to the one that’s in the agenda. Mr. Mayor: Okay. Okay are there any other items to be pulled for discussion? Mr. Mason. Mr. Mason: Yes, Mr. Mayor, I just want to pull item three for some discussion. The Clerk: Okay. Mr. Grantham, do you want them to have this --- Mr. Grantham: Yes. The Clerk: --- item for number (inaudible). Mr. Grantham: This is the one I read out the other day. I want to give you a copy of it. Mr. Mayor: Okay, any further items to be pulled for discussion? And I know we have, Commissioner Brigham? Mr. Brigham: On this addition to the agenda are we going to do that now. 7 Mr. Mayor: Yeah, I was going to do that now and then we had an addition to the agenda. Do we have unanimous consent to add it? Mr. Hatney: What is it? Mr. Mayor: It’s the --- The Clerk: No solicitation ordinance. Mr. Mayor: No solicitation ordinance. Mr. Hatney: What is it? Mr. Mayor: It’s a no solicitation ordinance. Mr. Grantham: You can’t go asking for money without a permit. The Clerk: We don’t have unanimous consent? Mr. Hatney: No. Mr. Mayor: Okay. The Clerk: Okay. We don’t have unanimous consent on that. Mr. Mayor: Okay and the, there was an item pulled. Number three was pulled for discussion. Okay if we’ve got no more items to add to the consent or no more items to be pulled for discussion --- Mr. Russell: Mr. Mayor --- Mr. Mayor: Mr. Administrator. Mr. Russell: --- if I could just have a second if you don’t mind. Nothing, go ahead with that. I’ve got something I need to bring up. Mr. Mayor: We’ve done a lot of false starts now. The Clerk: Are you okay with two? Mr. Russell: Yeah, I’m okay with that one. The Clerk: You’re okay with that one. Mr. Mayor: Okay, can I get --- 8 The Clerk: Let me, let’s pull number fifteen, the minutes and then we’ll have those done by the time we finish up with the discussion on three. Mr. Mayor: Okay, we’ll pull --- The Clerk: Yeah, the minutes. Mr. Mayor: --- fifteen. The Clerk: Fifteen. Mr. Mayor: Okay, Madam Clerk, can I get, can you get it through the consent agenda just for clarity. The Clerk: Okay. Consent agenda items 1-15 with pulling items three and fifteen with the addition of item sixteen and twenty. Mr. Tom Wiedmeier for item twenty. Mr. Mayor: Can I get a motion to approve the consent agenda? Mr. Grantham: So moved. Mr. Jackson: Second. CONSENT AGENDA PUBLIC SERVICES 1. Motion to approve a request from The Salvation Army to hang Kroc Center Banners downtown during the first of the year with the Administrator and License & Inspections developing guidelines and a time line for the hanging of the banners. ADMINISTRATIVE SERVICES 2. Motion to approve ADP as Augusta’s Human Resource Information System (HRIS) Provider for Health and Welfare Services pending contract negotiations. (Approved by Administrative Services Committee November 23, 2009) PUBLIC SAFETY 4. Motion to approve services provided by Red Cross to Augusta in the amount of $25,000 for emergency relief to victims of disaster who need assistance to include lodging, groceries, clothing, rent, emergency home repairs, medicine and food to emergency workers. (Approved by Public Safety Committee November 23, 2009) 5. Motion to approve award of RFP #09-147, Custodial Services for Fire Administration Office Building. (Approved by Public Safety Committee November 23, 2009) FINANCE 6. Motion to approve the acquisition of one small tractor with front end loader from Jenkins Tractor Company (lowest Bid offer 09-063) for $28,975.00 for the Augusta Fire Department. (Approved by Finance Committee November 23, 2009) 9 7. Motion to approve a request from Mr. Miguel D. Sena, Jr. regarding a refund of 2008 and 2009 taxes for the property located at 1906 Kristi Way. (Approved by Finance Committee November 23, 2009) ENGINEERING SERVICES 8. Motion to approve an Option for Right-of-Way between CSX Transportation, Inc. as grantor, and Augusta, Georgia, as grantee, in connection with the St. Sebastian Way Project for 2.684 acre (116,925.17 sq. ft.) and 0.719 acre (31,333.86 sq. ft.) of permanent construction and maintenance easement for the property located at Broad St. and 1530 Riverwatch Parkway for a purchase price of $212,000.00. (Approved by Engineering Services Committee November 23, 2009) 9. Motion to approve a contract addition in the amount of $197,683.20 to Turner Associates for an on-site representative to expand the basic Contract administration services provided by the Architect to expedite decisions and reviews associated with the New Judicial Center construction phase. (Approved by Engineering Services Committee November 23, 2009) 10. Motion to approve award of the contract for removal, restoration, storage and installation of the statue of Lady Justice to the new Augusta Judicial Center and John H. Ruffin Courthouse to Conservation Solutions in the amount of $39,754. To be funded from SPLOST GL-325-05-1120, JL-209251104. (Approved by Engineering Services Committee November 23, 2009) 11. Motion to approve an Option for the purposes of acquiring an Easement between Barbara Sims as Executrix for the Estate of Fred m. Sims, as owner, and Augusta, Georgia, as optionee, in connection with the 10156-Gordon Highway 16 Inch Water Main Project, (82,213 sq. ft.), more or less, of permanent access, utility and maintenance easement and (41,340 sq. ft.), more or less, of temporary construction easement from property located at 2701 Gordon Highway, private, at the purchase price of $20,358.00. (Approved by Engineering Services Committee November 23, 2009) 12. Motion to approve an Option for the purposes of acquiring an Easement between Georgia Vitrified Brick & Clay Co., as owner, and Augusta, Georgia, as optionee, in connection with the 10153-Gordon Highway 24 Inch Water Main Project and the 10156- Gordon Highway 16 Inch Water Main Project, a permanent utility, maintenance and access easement of (51,160 sq. ft.)(1.17 ac), ore or less, purposed for laying, relaying, installing, adding, expanding, extending, operating, repairing and maintaining pipeline transporting and carrying utility services, and (27,033 sq. ft.)(0.62 ac), more or less, of temporary construction easement from property located at 1985 Powell road; and a permanent utility, maintenance and access easement of (73,754 sq. ft.)(1.69 ac), more or less, purposed for laying, relaying, installing, adding, expanding, extending, operating, repairing and maintaining pipeline transporting and carrying utility services, and (36,895 sq. ft.)(0.85 ac), more or less, of temporary construction easement from property located at 2111 Powell Road; and a permanent utility, maintenance and access easement of (43,689 sq. ft.)(1.003 ac), more or less, purposed for laying, relaying, installing, adding, expanding, extending, operating, repairing and maintaining pipeline transporting and carrying utility services, and (21,445 sq. ft.)(0.49 ac), more or less, of temporary construction easement from property located at 2651 Gordon Highway, private, at the purchase price of $40,363.00. (Approved by Engineering Services Committee November 23, 2009) 10 13. Motion to authorize condemnation to acquire title of a portion of property for permanent and temporary easements for permanent and temporary easements for the 10156 Gordon Highway 16 Inch Water Main Project, PIN:078-0-020-00-0. (Approved by Engineering Services Committee November 23, 2009) 14. Motion to approve and accept a Deed of Dedication for Willhaven, Phase 1. (Approved by Engineering Services Committee November 23, 2009) PLANNING 16. Motion to ratify/approve resolution of support for a $100,000 grant application to the Georgia Department of Natural Resources Recreational Trails Program. ADMINISTRATOR 20. Motion to approve the recommendation of Administrator for the Position of Director of Augusta Utilities. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Ms. Beard out. Motion carries 9-0. [Items 1-2, 4-14, 16, 20] Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, if I may, Mr. Wiedmeier is in the office. I’d like to have him stand and welcome him to employment with the City of Augusta. (APPLAUSE) Mr. Mayor: He’s in the Chambers. Welcome aboard. All righty, Madam Clerk, let’s go, what’s that? The Clerk: Speech. Mr. Mayor: Would you like to say anything, Mr. Wiedmeier? Mr. Russell: He’s already learned that the least he says the better off he is. Mr. Wiedmeier: I would just like to say that, that’s a good group of folks in the Utilities Department. There are a lot of exciting things going on and I’m excited to be a part of it again. Thank you. Mr. Mayor: Welcome back. (APPLAUSE) Okay, Madam Clerk, let’s go with pulled agenda item three first. The Clerk: 11 ADMINISTRATIVE SERVICES 3. Motion to approve a resolution of support for a proposed Municipal Option Sales Tax (MOST) to be presented to the Legislative Delegation. (Approved by Administrative Services and Finance Committees November 223, 2009) Mr. Mayor: Mr. Mayor Pro Tem, I believe this is your pull. Mr. Mason: Uh, yes, thanks, thank you, Mr. Mayor. There was a two, I had one issue with this but now I see we’ve got a break down here. But I was really looking for something more along the lines of what we did a couple of years ago where the breakdown specifically as to where those monies would be spent. Not necessarily just in law enforcement but how within law enforcement, how within fire, how would it be spent within transit and so forth. I think that’s, to me that’s extremely important. We had something like that a couple of years ago I believe it was and it was specially stated and that was good. I would hope to see something like that number one that’s my first issue with this. But my second concern is that having spoken with several of our delegates, state delegates who are less than enthusiastic about this 1% Local Option Sales Tax it certainly doesn’t prevent us from presenting it to them. But I would hope and I may be the only one who feels this way that maybe we, I would offer that we have the meeting with the Legislative Delegation first, have a discussion in the dialog and then come back and present this and move forward. Because really nothing’s going to happen between now and then anyways. But if we can come up with a date and have that discussion with the Legislative Delegation and then move forward with this so we’re all on the same sheet of music because I’m getting some different, differing opinions from various folks. And if we can all get in the room together and come to a consensus I feel that that may be in order. That’s my feeling on it, Mr. Mayor. Mr. Mayor: Okay. Thank you. Commissioner Johnson. Mr. Johnson: Well I, thank you, Mr. Mayor. I’d like to just reiterate. I concur with my colleague on it. I think it would be wise and noble for us to do that before we move forward with that at this time. And again I think of course public information and public knowledge is a great thing as well because people don’t actually know exactly what’s going to take place. And it’s going to be a help to the taxpayer, the homeowners if you will in that. And I think the public needs to know that as well so we can borrow support from them as well. But I have been speaking to those that come to me in regards to this. So again I do concur with my colleague on this and I think that would be very supportive for the delegation to meet with us on that. Mr. Grantham: Mr. Mayor? Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. And I understand the reasoning behind this conversation right now. And I certainly encourage us to meet with the delegation as I have spoken to just about of them myself and have talked to them about this particular issue. And the ones I have spoken to have indicated that that they have some concern and still have based on what they think might happen on the state level from a transportation tax. But you know we need to make ourselves known not only to our delegation but to the state that we’re moving 12 forward with this. And what we’re asking for today is an approval of a resolution. We’re not spelling out what the resolution says. I think after the meeting of that joint effort with the Delegation and the Commission then we develop the resolution that would be adopted. But I would like to have a vote of confidence that we can move forward with a resolution. Mr. Mayor:motion Would it be appropriate and would people feel comfortable with a to approve this contingent upon the meeting with our local delegation and a resolution to come back for approval by the body after that meeting. Okay? Are you comfortable with that? Can I get a motion to that effect? Mr. Hatney: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Hatney: Ms. Bonner, will you read the motion back so we’ll know. Mr. Mayor: I think it was concise. The Clerk: He did, the Mayor did good. Mr. Hatney: He did good, okay. As long as you’re satisfied with it? The Clerk: Yeah, he did good. Mr. Grantham: We’re approving to develop a resolution. The Clerk: A resolution, right. After the meeting with the Legislative Delegation to be brought back to the Commission for final approval. Mr. Mayor: Exactly. Mr. Grantham: Adopt the resolution. We’re going to have a resolution when you vote yes today. Mr. Holland: We didn’t put a timeline on it though. The Clerk: After the meeting with the Delegation. We didn’t timeline the meeting with the Delegation but hopefully it will be soon. Mr. Mayor: That’s going to have to be this month. The Clerk: Or the first of January, no later than that. 13 Mr. Bowles, Mr. Mason and Mr. Holland vote No. Motion carries 6-3. Mr. Mayor: Okay, Madam Clerk, I imagine we’re still waiting on those? The Clerk: Yes, we’ll go ahead with the regular agenda and we’ll get that done. The Clerk: FINANCE 17. Update from Commissioners Johnson/Bowles and the Administrator regarding the Countdown in Downtown relative to city sponsorship to provide certain services and in- kind match funding. (No recommendation from Finance Committee November 23, 2009) Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I have spoken with Ms. Woodard on this matter and of course it’s going to be wise for us to focus at this point on next year. I think we’re a little bit too late in the game to seek the funding unfortunately to get it kicked off for this year. So Ms. Woodard if you want to step forward and just reiterate on the plan that you discussed with me out there in lobby, well the hall would be greatly appreciated. Ms. Woodard: I think we have a great opportunity to do this event next year. With the short time we had we were able to go talk to media sponsors who were very interested in participating next year. We were able to talk to banks and unfortunately at this time they had spent most of their discretionary funds for the year. We believe that there is strong interest. You could always sell the naming rights like we did with the Augusta Chronicle Light Up Spectacular. I think we have a real opportunity to do something great for next year and we’d be happy to put a steering committee together and start raising the money in January. Anything we can do just let us know. Mr. Johnson: I appreciate that, Margaret, and I’ll definitely look forward to doing that. I guess we can get together and discuss how we need to put that together with DDA as far as implementing this. But I appreciate it, Mr. Mayor. Thank you, Margaret, for bringing that forward. Mr. Mayor: Okay, can I get a motion to receive this as information? Mr. Hatney: So moved. Mr. Grantham: Second. Mr. Mayor: We have a motion and a second. If there is no further discussion Commissioners will now vote by the usual sign. Motion carries 9-0. 14 The Clerk: FINANCE 18. Consider recommendation(s) from the Administrator regarding a request from the Downtown Development Authority relating to an MOU with the city. (No recommendation from Finance Committee November 23, 2009) Mr. Russell: Mr. Mayor, members of the Commission. I’ve talked with the Downtown Development Authority and Sanford Loyd and my initial recommendation is we not continue to be a bank and fund this forward. After discussions with them I think it would be appropriate if we were assist them to look for some private funding. We would have the ability to help with that as far as being to insure that those tax dollars were coming in. And I would like permission to go ahead and work with the Downtown Development Authority and an outside private agency or private group or bank I guess would be the right word to do some private funding. It actually gets us out of the banking business for them and I think that would be appropriate. Mr. Mayor: Okay, any discussion? Can I get a --- Mr. Grantham: Motion to approve. Mr. Jackson: Second. Mr. Mayor: We have a motion and second. If there’s no further discussion Commissioners will now vote by the usual sign. Motion carries 9-0. The Clerk: FINANCE 19. Approval of General Fund Appropriation in the amount of $150,000 for the Laney- Walker/Bethlehem Neighborhood Revitalization Project. (No recommendation from Finance Committee November 23, 2009) Mr. Mayor: Mr. Russell, I believe this? Mr. Russell: Yes, sir, Mr. Mayor. We have a, with that particular project as you know we have reached the end of the money that’s available. We had requested through the Finance Committee a continuation of that program with $150,000 to be loaned from fund balance to be paid back at the beginning of the year as that program continues forward. There was some discussion in Finance and it came forward without a recommendation so it’s now before you today. If you have any questions, I’d be happy to try to --- 15 Mr. Mayor: And, Mr. Russell, based on the discussion in Finance when and I do say when the final approval is given to the Laney-Walker/Bethlehem Redevelopment Funding this could be viewed as a loan to be paid back through those funds. Correct? Mr. Russell: Well, that is my intent that those monies be paid back to that. That’s just a loan to get us through to the end of the year, sir. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: That’s what I wanted to ask was is a contingency of the monies that’s approved for the overall project that will be refunded back to you in January. And that is correct, right? Mr. Russell: That’s my, yes, sir. That’s the plan. Mr. Johnson: Move for approval. Mr. Hatney: Second. Mr. Mayor: Okay, we have a motion and a second. Mr. Mayor Pro Tem. Mr. Mason: Yes, thank you, Mr. Mayor. Uh, Mr. Wheeler, is he available? Mr. Mayor: Mr. Wheeler. Mr. Grantham: How much money have we already spent on that? Mr. Mason: That’s what I’m about to find out. Mr. Mayor: Welcome back. Mr. Wheeler: Yes, sir. Mr. Mason: Mr. Wheeler, we’re dealing with agenda item number nineteen this request for $150,000 for Laney-Walker. I’ve got a couple of questions. My first question is how much money have we spent to date on the Laney-Walker/Bethlehem Revitalization Project? Mr. Wheeler: I do not have that in front of me, on the top of my head but we’ve, well no I don’t. Best ways I cannot answer that at this particular time. But it all came from the TEE Center, not the TEE Center the transit fund. (Inaudible). Mr. Mason: I understand that I just need to know. Mr. Wheeler: --- (inaudible) number? 16 Mr. Mason: What, somebody has to have that number. Why we’re waiting on that um, it’s to my understanding that between now and I guess we’re looking at January or February when what, additional dollars come in? Is that what we’re trying to do here? Realistically, how much is going to get done between now and that time frame? Mr. Wheeler: Well, a lot. One of the things we have civil engineers that we had scheduled to do work on engineering of Pine Street and engineering on Wrightsboro Road and as well as architects. We can’t engage them. We can’t put them to work. We’ve already started development on Pine Street. He have alleys that we need to begin development on. We can’t start any of that work until we have the resources to pay them. So I can’t tell you exactly how much now at this point in time at the time I made my request we estimated it was going to be about $150,000 worth of work between the beginning of November and the end of January and that this money would be paid back in January. Mr. Mason: Well, let me put it another way. Because realistically and that’s what I’m trying to deal with here. I don’t think we have six votes for it here today. I guess we’re going to find out here in a minute. So my question is if what happens if you don’t get the money? Mr. Wheeler: I just can’t engage them. I can’t sign off --- Mr. Mason: Then we’ll start off in January or February again when we get the money anyway. Mr. Mayor: I just want to make one quick statement and then, Commissioner Bowles, I’ll come to you. This is once again I will say the most important initiative to my mind that we’ve got going on in this community we’ve engaged those neighborhoods, we’ve made a commitment to them and I just, I don’t feel like we can afford to stop the work that Mr. Wheeler and his department is doing in there right now. So I would strongly encourage my colleagues to consider passage of this. Commissioner Bowles. Mr. Bowles: Mr. Mayor and I understand your emotions and feelings and being one of the Commissioners that voted for this two years ago I’ve got my reservations and let me read to you what this Commission decides to proceed. Under the current Tourism and Trade Fee Ordinance without the TEE Center then the Commission will need to demonstrate exactly how the fee collected will be used to generate tourism and meet public transportation needs without the TEE Center. This has been two years, we don’t have a TEE Center I don’t know that we’re going to have a TEE Center. I mean I haven’t seen any progress we’ve got people talking about moving the location, talking about not building it now and those are the concerns that I have and many constituents have that basically if we don’t have the TEE Center for two years how have we been spending this money for two years without that progress? And basically we are violating Georgia, the Georgia Constitution imposing the taxation that’s not authorized. And that’s my concern. Mr. Mayor: Commissioner Grantham. 17 Mr. Grantham: Mr. Mayor, I appreciate your comments as well and certainly that of Mr. Bowles that we look at this from the way it was originally put together and it was together in a joint effort to be the revitalization of the Laney-Walker/Bethlehem are and the construction and operation of the TEE Center. Therefore I’m going to make a substitute motion that there be no funding issued to Laney-Walker/Bethlehem Revitalization Program until we have a concrete and definite move toward construction and operation of the TEE Center. Mr. Bowles: Second. Mr. Mayor: Commissioner Hatney. Mr. Hatney: My question is and you can take it however you want is that the money that the citizens approved for the exhibition center was put in the bank, $20 million dollars back in ’05. It has accrued through interest’s collections approximately between eight and nine more million. I do have some concerns that you know you’ve got that money and it has to be spent for that. It may not be, from my perspective it could already have been done. And this concerns me that you can’t see to spend $150,000 but you got in the bank almost $30 for the other entities. Something ain’t fair with that as far as I’m concerned. Mr. Mayor: Okay we a, Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I have to say I do understand the concerns that some of my colleagues have with this issue. But I also think that if you really look at this clearly what was done in a compromise of the other and again Reverend Hatney mentioned that the funds are in the bank for the exhibition center, the funds are there. However if you look at the amount of money that’s been allocated towards Laney Walker and Bethlehem have been nowhere near the amount that was actually proposed for that community because it was based on a yearly basis. But of course there was going to be some bonding done to secure the funding up front. So I think that it would do us an injustice to stop the progress because this is, it’s not really a recreational situation that we’re looking at with Laney Walker and Bethlehem. We’re looking at a community that has been this way for years. And I think it’s going to improve the city, it’s going to improve that community, it’s improve our tax digest and it’s these things I’m looking at. Am I’m looking at them with a clear view not trying to conflict one with the other. I do believe the exhibition center will take place. I don’t have any disregards that it won’t. But at the same time I don’t want to hinder, I mean he’s not asking for a million but he’s needing $150,000 to continue what they do have going now. And I have been through there last week and I saw a great deal of progress with the funding that they have had in the past. But of course it’s just going to delay this even longer by not doing anything to continue what they’re trying to do. Even in the area that they are working in. So I think that this would just be a noble gesture just to continue doing something that’s not as a recreation or again like I said a venture. But this is something that’s going to improve our city. This is not just one portion but it may be one segment of the community but overall it makes up this city. And so this is what we need to really look at. This is the picture we need to paint here and we to make sure that we understand clearly what it is we’re trying to do from this perspective as well as going into something more larger scale with the exhibition center. So that’s the point I want to bring out here, Mr. Mayor. Thank you. 18 Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Mayor, first off we’ve got some erroneous figures. If we’ve earned $8 million dollars in interest I need to know what investment we’re investing in. Because I don’t think in four years a $20 million dollar investment would return $8 million dollars. I would think that we need to put some more money in that investment if that’s the case. Because I don’t think we’re getting the kind of return on our investment at all. The other thing that I am concerned about is that we have already spent more money on the Laney-Walker Neighborhood Development Improvement than we have spent on the TEE Center no matter what the funding source is. I believe we’ve raised at least $1.5 million dollars in bed tax. You’ve got the figures Mr. Mason. I didn’t, I’m not privy to them but I believe we’ve collected two years on the bed fee and it was about $1 million dollars a year of which $300,000 dollars was supposed to go to transit. And I think the rest of it pretty much went to the Laney Walker Development money. Is that right, Mr. Russell? Am I wrong or --- Mr. Russell: The initial --- Mr. Brigham: I think it was $1.2 million a, $1.1 million a year. Mr. Russell: The initial estimate was about $1.2 million, 1.1, 1.2 --- Mr. Brigham: Then we had nine months in the initial year and we’ve had a year since then. Mr. Grantham: Mr. Mayor? Mr. Mayor: Commissioner Brigham, are you done? Mr. Brigham: Well, I’m trying to figure out where the money is. I think we ought to stop all spending until we’re going to spend all the money on both projects. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Mr. Mayor, to help assist in answering that question of the monies collected it was estimated to be about a million two. $750,000 was to go to the Laney- Walker/Bethlehem area. $300,000 we were rounding it out to a million dollars of collection because we didn’t know if it was going to be a million two or a million dollars. So those were the figures that were used in the original conversation, was $750,000 and then the $250,000 to the transit and any excess funds would be utilized by the Convention Visitors Bureau. But from that standpoint we have not funded the Transit Department. We have collected and from what I understand right now just looking over Mr. Mason’s shoulder about a million dollars has gone towards the Bethlehem Laney Walker in the two years that we’ve been in collecting this fund. So the other fund evidently is in some type of an account that would be available to either Transit and or to the Laney Walker/Bethlehem should we approve it. But my reasoning for making my substitute motion was certainly not to approve it until we see the TEE Center constructed. 19 Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: Thank you. And just so that we’re clear on the numbers it’s not quite a million. There’s a big difference between $890,000 and a million, $110,000 or so and we’re asking for $150,000. But having said that though I’m going to go back to what I said initially and that’s the reason why I said what I said so we didn’t get all off into this. I don’t believe we have six votes to get this $150,000 dollars. That’s where we stand right wrong or indifferent. That’s where we stand right now. Now this substitute motion that you have on the floor I don’t agree with the terminology of the substitute motion in terms in being able to vote for that until what did you say, when construction starts? What is the substitute motion? The Clerk: It was --- Mr. Grantham: Go ahead, Ms. Bonner. Mr. Mayor: Madam Clerk. The Clerk: That no money be allocated to the Laney-Walker/Bethlehem project until concrete plans for the TEE Center construction is approved. Mr. Mason: Okay, now see that’s an open-ended statement right there, which, is in my mind, is totally erroneous and here’s why. If you’re talking about this $150,000 I can get that. But we sat here and said somewhere in January or February some additional collections would come in and then some monies would need to be allocated and that money is supposed to be allocated. So are you also saying that that money come January February timeframe is that what you’re including in on this motion right here? Mr. Grantham: Any and all funding to the Laney-Walker Bethlehem. Mr. Mason: Can’t support it. I can support a motion but not that one. Mr. Mayor: Once again I’m going to go back to what I said and I very much respect my colleagues’ opinions. But this is such an important initiative in and of itself. We, our Housing and Neighborhood Development Department has done a tremendous job along with the CHDO’s in that area. You can see the progress physically. I think that this is really to reward the success and continue on with the momentum that they’ve got going. But if we can’t support it or if you can’t get six votes for it that’s up to you guys. Okay, if there’s no further discussion, Commissioner Brigham, did you? Mr. Brigham: Yes, Mr. Mayor. Would somebody please share all the figures with everybody here so we, everybody would have the same figures? Mr. Mason: Sure. Mr. Brigham: At least so we’re not all in the dark. 20 Mr. Mayor: Mr. Russell. Mr. Russell: Okay, what has happened in ’08 we spent about $50,000. In ’09 there some rollover from the dollars collected. We spent about 846. So that’s $896,542 that was spent over the past two years. Of that the initial collections you authorized the first part until the TEE Center’s completed to go to Transit and that $350 per year has gone to transit on top of this. So that’s where at. Collections are about 1.1 a year, pretty close to what we estimated. Mr. Brigham: So we spent $700,000 in Transit in the last two years and then we spent the remaining --- Mr. Russell: $896,000 --- Mr. Brigham: Almost a million dollars in the Laney Walker? Mr. Russell: And what we’ve done --- Mr. Brigham: And I believe that’s still more money than what we spent on the TEE Center to date. Mr. Russell: Not exactly because what we’ve done on the TEE Center as authorized by this group is to continue to move forward with some of the plans and designs. So we are, what we’ve done pending your decision is followed your instructions. And what we’ve done is develop the planning documents and the beginning of the documents for Laney Walker to continue to move that forward. In addition to that we developed the planning documents for the TEE Center, and you’ve seen those plans that have been developed and move forward with that pending your final discussion on where we go and what direction we go in. So what we’ve done is follow your directions, we’ve developed plans with the dollars available for both Laney Walker, the redevelopment there and the TEE Center. What we’re looking for sometime in the near future is the direction to continue to move forward with that funding and those mechanisms to continue to develop both projects as we continue to improve our city. Mr. Mayor: And, Commissioner Brigham, one of the point of the subcommittee is we’ve brought in you know the architects on the TEE Center to show us the progress, to show us all, I mean approval was made on the site. There’s been significant work done on the TEE Center as well as Laney Walker/Bethlehem. And I don’t think we can get into this mind set of well we spent the same exact amount here and there. I’m just part of the education of the subcommittee is that we’ve made significant progress on both of these initiatives. Mr. Brigham: I was just curious if we made more progress one or the other. Mr. Mayor: Okay. Mr. Brigham: And I think we can see that with the fact that we spent less money on the TEE Center, which was a voter-approved project. 21 Mr. Mayor: Let me speak again. That’s just to play one side off the other and sort of tit for tat I don’t think moves us forward. Commissioner Hatney. Mr. Hatney: Mr. Mayor, that has been the problem. That has been the stalemate for the last two years. We and to say the figures are erroneous that’s one persons opinion and they’ve got a right to that. But I gave the figures I gave because I got them from somebody who gave them to me. So if that’s lie it came from somebody who’s supposed to know. The $20 million dollars for the initial SPLOST money for the TEE Center was put in the bank. That money is accrued money. The thing that concerns me is at one time we asked for a million dollars and nobody could vote for that. No we’re down to $150,000 and we can’t see that but you’ve still got $20 million and some change still sitting there and you know the TEE Center’s going to be built. You may not know exactly when but you know it’s going to be built. You can’t give back. But I’m having a problem with being held hostage until you get all you want. Mr. Mayor: Well and let me just say --- Mr. Hatney: I’m not speaking to you, Mr. Mayor. Mr. Mayor: I know but part of my --- Mr. Hatney: You came once before and asked for a million to continue and now we’re down to $150, GOD that’s $850,000 less. Mr. Russell: If I may one of the questions if you look at what we spent on the planning for the TEE Center at this moment we’re out about $3 million. Mr. Mayor: But here again let me just say one more time. Part of my recommendation to approve what is basically a bridge loan based on the progress of the subcommittee which I think we have made a great deal of progress over the past month and my belief that both of these initiatives will end up being approved. Mr. Grantham: Call the question, Mr. Mayor. Mr. Mayor: Okay, we have a substitute motion on the floor. Madam Clerk, for clarity could you read back the substitute motion? The Clerk: The substitute motion was no money be allocated to the Laney- Walker/Bethlehem project until a concrete plan for the construction of the TEE Center is approved. Mr. Mayor: Commissioners will now vote by the substitute sign of voting. Mr. Johnson, Mr. Mason, Mr. Holland and Mr. Hatney vote No. Motion fails 5-4. Mr. Hatney: Mr. Mayor? 22 Mr. Mayor: Hang on one second we’ve got another motion on the floor we need to take a vote on first. And the question has been called for. Madam Clerk, could you read the initial motion? The Clerk: Motion to approve a General Fund Appropriation for the amount of $150,000 for the Laney-Walker/Bethlehem Neighborhood Revitalization Project. Mr. Mayor: Commissioners will now vote by the usual sign. Mr. Bowles, Mr. Mason, Mr. Jackson, Mr. Brigham, Mr. Smith and Mr. Grantham vote No. Motion fails 3-6. Mr. Mayor: Okay, I’m letting y’all talk amongst yourselves before I call for the next one. Okay, I’m going to move on to the next agenda item but if as you speak amongst yourselves do ya’ll want to have a motion to reconsider that agenda item we can go back to that. Madam Clerk, next agenda item. PETITIONS AND COMMUNICATIONS 15. Motion to approve the minutes of the regular meeting of the Commission held on November 17, 2009. th The Clerk: We’ll go back to item 15, the minutes for the November 17 meeting and to give clarification as to why it was on this agenda. Our rules and procedures states that the minutes have to be approved at the next following meeting which would have been today. And that’s why it’s on here. We usually approve it with the correction at the next meeting but since Mr. Brigham brought it up today we’re going to go on ahead and take care of business. Mr. Mayor: Can I get a motion to approve the minutes? Mr. Brigham: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second approving the minutes. The Clerk: Approving the minutes. Mr. Mayor: If there’s no discussion Commissioners will now vote by the usual sign. The Clerk: The only thing we added on the reconsideration and to approve the adoption of the budget. Everything else was in your book. Motion carries 9-0. 23 Mr. Mayor: Okay, in order to get an update on the full progress on Laney-Walker motion to Bethlehem and the Trade and Exhibit Center to allow for that I would like to get a readdress agenda Item 19. Mr. Hatney: So moved. Mr. Mason: Second. Mr. Mayor: We have a motion and second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Bowles, Mr. Brigham and Mr. Holland vote No. Motion carries 6-3. Mr. Mayor: Mr. Russell. Mr. Russell: Yes, sir, Mr. Mayor. Mr. Mayor: Batter up. Swing hard. Mr. Holland: This information is coming from the closed session, right? That you all had. Mr. Mayor: They’re not closed sessions. Let me just clarify. They have been public meetings from the subcommittee meetings. Mr. Russell: Let me repeat the conservations that have been had individually with several Commissioners in the past several minutes. Mr. Holland: The nine of us here. Mr. Russell: Right. And what basically those conversations have been is that we are at a cross roads at this particular point in time which we all seem to be seeing the writing on the wall for two projects that we all think are important in various different levels or importance. I have tied these projects together since their inception because I think they both add to the quality of life and to the availability of our citizens to live in better housing and to be able to bring people to our community from outside that will add to our tax base, that will continue to spend dollars that will visit our community and move forward. The plan as we developed it several years ago is a rolling plan because as each of those things occur they build upon each other. For each house we build in the Laney-Walker area we receive tax dollars. For each individual that comes to visit us for a convention and might be standing in the convention center and staying in one of our hotels we receive not only tax dollars but we receive a dollar of the transportation fee which goes to help Laney-Walker. It’s all interchanged and inter-challenged to make sure that’s it’s all complimentary. As we redevelop Laney-Walker we tie into one of the more upcoming reasons for tourism in our country and that’s historical tourism. As you know the Laney-Walker neighborhood has many historical buildings that are very, very important to the black culture in 24 our country. Some of the things that are there have never been created anyplace else. And as we recreate them we feel very strongly that people will come to visit those. We have a lot of things going for us in those particular areas. Just the home of James Brown. The areas that we’ve got are going to help build themselves and each of those will help build and impact on the other. An individual coming for a regatta and staying and going to their thing at the Convention Center is going to add to the benefit of Laney-Walker. Somebody coming to Laney-Walker and buying a house is going to add benefit to the community as they pay tax dollars on a house instead of what we receive on an empty lot. That seems to me to make a lot of sense. The question becomes is how can we do this. Our financing people, our Attorneys people that are there that know how to do this tell me that we can with the dollars that are available to finance both packages. That financing for the TEE Center would consist of the money that we have available and we’ve gone through that. It would consist of about nineteen thousand, $19 million --- Mr. Hatney: Eight. Mr. Russell: If it was a thousand we’d be home a long time ago wouldn’t we? Approximately $18 million dollars. Thank you, Doctor, for which we would move forward on. And with the savings from the Courthouse savings from the interest on the SPLOST money there basically. Laney-Walker dollars would be available that would have the connection to the TEE Center, not the TEE Center to the dollar bed fee and move forward with that which would give us approximately 750, give us 750 to bonds, $500,000 in bonds would give us the capacity of about $8 million dollars. That $8 million would be rolled over a five-year period with a balloon. Interest rates are good now and we anticipate with that balloon we’d be able to finance more in five years and continue to move the project forward faster. And then in another five years do the same thing with the balloon and move that forward. In addition to that we would begin to capture the growth as we fill up hotels. And you said you’d think we’ll fill up hotels and I say yes I do because we’ve got a hotel developer knocking on our door saying he’s willing to build a hotel and invest $25 million dollars in our community based on the model that puts it next to the TEE Center. That moves forward with that so that’s not speculation that’s a gentleman with money in his pocket and what do you call it when you’ve got a plan? An option on the land, thank you, an option on the land that’s willing to build something. So that’s not just pie in the sky that’s somebody who wants to come do something for us. And that hotel at $25 million will give us another what, almost $800,000 a year in taxes, not including the bed tax, hotel/motel tax and everything else, just the tax on the property. So already you’re ahead of the game and you begin to pay those things back even faster. As you continue to invest, continue to invest in our community to take advantage of the strengths that we have and take advantage of the opportunities as we have before. The only thing that I would ask is be given the permission to put both these plans in operation and to make it work. The funding we talked about, you’ve seen pictures of the TEE Center. Some of you have gone out and seen houses that we’ve actually been able to do in Laney-Walker. We’ve got people living in them that didn’t live there a year ago and we’ve got more that could be moving in shortly. You know it makes all the sense in the world to me that we studied and studied, we’ve argued we’ve discussed. We’ve taken advantage of the input. We’ve done everything we could possibly do except say go ahead. And if we’re allowed to go ahead you know I will commit to you that we’ll get this done. And I will be here when they cut the ribbon not only on the houses in Laney-Walker but on the TEE Center as we go forward with that unless ya’ll would not like for me to be here and that’s up to you. 25 Mr. Mayor: Yeah --- Mr. Russell: But I can come visit anyway. It would be a public thing I assume. But you know I don’t know what else to say other than it’s time to say something and that something would be coming from you to make it happen. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: Mr. Russell, before you leave the discussion we’ve had over and over about this the reason I think the bond person said you couldn’t get anymore than that because you can bond anymore than you can spend. But they said three years I believe it is. Mr. Russell: Yes, sir. Mr. Hatney: And my question is if we spend it in three years can we re-bond it? Or do I have to wait until five. Mr. Russell: I think we’d be able to do the bonds where we would fix it so you could go ahead if you paid off the bonds and did it you’d be able to have a lump sum rollover. And I would look to my bond person to confer that. But I believe that I would be right in saying so. Mr. Mayor: She answered, she did answer that question and yes, Donna, correct? Yes, you can. Mr. Russell: I think so, yes. Mr. Hatney: My concern is that we don’t want to wait forty years to get $38,000, $38 million dollars because I do believe we can spend $8 million dollars in three years. In fact a million and five or the first eighty already is spent basically because of the availability of purchasing land. Mr. Russell: As I’ve said before I think --- Mr. Hatney: That’s the assurance that I would need. Mr. Russell: The numbers are conservative. Mr. Hatney: That if we spend the money in three years we can go back and get some more. That’s my assurance. That’s what I need. Mr. Russell: Yes, we re-bond it or do the balloon and pay off. We fix the bonds we can do the loan. Mr. Hatney: We just want the money, that’s all there is to it. 26 Mr. Mayor: Exactly. Exactly. Well, I for one think that this is something that we, both of these are worthy project, worthy initiatives that, and I’ll clearly state we’ve committed to the community to bring both of them to fruition. And I think it’s time we need to do that. Mr. Russell, I just want to ask you what, what would be the motion that you would need for us to go ahead and do this? Mr. Russell: I think what would make it simpler than anything else is authorize the Administrator upon the review of the legal department to develop whatever process is necessary and develop whatever bonding or other instruments necessary to insure the development of the Laney Walker project and the TEE Center as described in our previous conversations. Mr. Mayor: Can I get a motion to that affect? Mr. Jackson: So moved. Mr. Grantham: And that they be brought back for final approval. Mr. Mayor: I think this is final approval. Mr. Grantham: Well, if you resolve the MOU --- Mr. Hatney: Got to see the documents though. Mr. Russell: I would be more than happy to bring back the documents for your approval. Mr. Grantham: Well, we’re going to need to have the documents for approval. Mr. Holland: Mr. Mayor? Mr. Mayor: Commissioner Holland. Mr. Holland: Thank you. How would this affect the project now in terms of $150,000 for the project to continue? Mr. Russell: I think the concern Commissioner Holland would be there has not been a commitment to move forward with the TEE Center. And I’m sure that based on that commitment that we would probably be able to find sufficient votes to go ahead and move forward with that 150 as long as we knew that everything was rolling. That would just be my interpretation of what I’ve heard but I don’t know if that’s accurate or not. But that would be my interpretation of the conversations I’ve heard. Mr. Mayor: Okay, we had a motion, correct me if I’m wrong, Madam Clerk. A motion and a second on the motion that Mr. Russell, can I get a? Who made the motion and who made the second on that? The Clerk: I know that Joe Jackson moved it. Who seconded it? 27 Mr. Mayor: Who seconded it? Mr. Jackson: Nobody. Mr. Mayor: Okay, would anybody like to second Mr. Jackson’s motion? Commissioner Johnson. Mr. Johnson: No, Mr. Mayor nobody seconded it. But I would like to say is maybe we reset this and come back. We have committee next Monday. The Clerk: Yes, sir. Mr. Johnson: Maybe before committee we can discuss this and bring it back. There’s some clarity that needs to be done with this funding package. There’s a lot of questions that’s got to be answered. Mr. Mayor: Um, Mr. Mayor Pro Tem. Mr. Mason: Fred, is this proposal here, that’s inclusive of the parking deck and the MOU? Mr. Russell: The MOU is there. Mr. Mason: That’s what I need to know. Mr. Russell: The parking space would be there. Mr. Mason: Parking space. Mr. Russell: There’s two options there but we’ve had some refinement of that. But it’s well within the budget that I have given you. Mr. Mason: Parking space. Mr. Russell: We can call it whatever you want. Mr. Mason: I’ve got to be clear as I’m voting on this. Mr. Mayor: But --- Mr. Russell: The direction is space and the space is there. Mr. Mayor: But can we approve this and have the parking component, the Administrator bring that, Mr. Russell would that? 28 Mr. Russell: I would be more than happy to bring anything back. I mean I think we’ve actually had more positive discussion in the last 30 minutes on this than I’ve heard in a long time and I’m enthused by that opportunity. You know it’s, we’re working and have worked diligently to build both these projects here. And I think that we’re very, very close to reaching an agreement. I don’t to be greedy and move too quickly but on the other hand I don’t want to lose advantage of the momentum either. Mr. Hatney: Question. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Could you have these verbiage together by Monday? Mr. Russell: Yes. Mr. Hatney: Don’t go over there and say yes then --- Mr. Russell: He’s doing the bond stuff so. I can do my part but if we can get the bond stuff that’s, that’s --- Mr. Hatney: By Monday. Mr. Russell: By Monday, yes. Mr. Mayor: And could we just take that step forward, I’m going to be gone Monday. Mr. Hatney: You’re going to be gone Monday? Mr. Mayor: Just to take that step forward. Would it be appropriate to, Fred, I’m just trying to see how we could take a step forward in getting approval for you today to bring those back on Monday to committee. Is it, we’re just --- The Clerk: They wanted to recess then they said well let’s do a Special Called Meeting. So either way we can do it. Mr. Mayor: Okay. I just feel like if we’re so close now we need to get one more step forward. Mr. Russell, your advice on how we do that. We don’t have a second to Mr. Jackson’s. Mr. Jackson: I’ll second it. Mr. Mayor: That’s like juggling with one hand. Mr. Russell: If you would like to have a Special Called Meeting to which we can bring forth everything we’ve got together I think that would be appropriate. What I would do is schedule a called I mean it’s going to be complex. It’s always complex. Give me two hours and let me put it all in front of you again and you decide up or down whether or not we’re moving 29 forward or if you have. You know at this point I think I’ve attempted to answer every question that you’ve got. If you’ve got some I haven’t answered you know please let me know because I would like to be able to walk into what ever meeting we have knowing that I’ve at least taken a shot. I might not have made you happy with the answers but I’ve been able to provide the information you need to make a good decision. And that’s all I’m after to give you that information. Mr. Mayor: Would, just because I will not be here on Monday, would anybody be okay with doing it Friday? Mr. Russell: This Friday? Mr. Mayor: This Friday or is that too? Mr. Hatney: We can’t do it that quick. Mr. Russell: We’re not that good, sir, I’m sorry Mr. Mayor: Okay, so we have a motion by Joe that had not been seconded. Can I get a motion to instruct, to instruct the Administrator to bring back the full documentation for approval for a vote would we like to say that on golly I don’t. What’s that? Mr. Russell: If it would be appropriate to give them a week from Monday or we can do it in 20 minutes if it’s. I mean whatever y’all want. Just tell me what you want and how you want to do it. I don’t think I can have it done by Friday. Mr. Brigham: I think we need to call for the order of the day and move on with the agenda. Mr. Mayor: Okay, no further motion on this? Okay, I guess I will move forward with calling I believe I understand the will of the body and I will call a Special Called Meeting for Monday. Okay, Madam Clerk. Mr. Hatney: Can you have that in your packets Friday so we can look at them over the weekend? Mr. Russell: Probably not. Mr. Brigham: Do you want to email it? Mr. Mayor: Okay. Mr. Hatney: I need to read it. Mr. Russell: Mr. Mayor, if I may. 30 Mr. Mayor: Please, Mr. Russell. ADDENDUM 23. Motion to approve Ordinances for the 1945 Richmond Employees Pension Fund, the City of Augusta 1949 General Retirement Fund and the GMEBS Defined Benefit Retirement Plan pertaining to the Early Retirement Incentive Program. Mr. Russell: Point of personal privilege and I apologize. I thought this was on the agenda and it was not. I have in front of me the documents that actually do what you asked us to do for the Enhanced Retirement System. These are the three plans that we need to have. The Attorney has informed me that you actually need to approve the document itself and just not a concept. We are moving forward with that and have several people that are interested. This has been blessed by the Law Department and the lawyers involving all three of the plans at this particular point in time. And to continue to move this forward somewhat quicker than some of it would be appropriate to add and the other things I’ve done I hope that it would be nice, approve these documents at this time if you don’t mind. Mr. Grantham: So moved. Mr. Hatney: Second. Mr. Mayor: Okay, I have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Brigham: Mr. Mayor, is it --- Mr. Mayor: Commissioner Brigham. Mr. Brigham: --- is this a joint motion or is this --- The Clerk: Yeah, to add and approve. Mr. Brigham: I can add but I don’t think I can approve. I have a very strong opinion about approving this. Mr. Mayor: Okay, we have a motion to add and approve so. The Clerk: No, well, you need unanimous consent to add. Mr. Russell: You need unanimous consent to add unless Mr. Brigham votes against the document. Mr. Mayor: Okay, do we have unanimous consent to add? Okay. Mr. Hatney: You need three and seven haven’t voted. 31 Mr. Mayor: No, you have to have a separate motion on. Okay, Mr. Russell, you would look for a motion to. Mr. Russell: To approve the documents as approved by our attorneys and attorneys of the three retirement plans to implement the Enhanced Retirement Program you approved two weeks ago? th The Clerk: No, sir, today. No, November 17. th Mr. Russell: November 17. Mr. Mayor: Okay, we have a motion from Commissioner Grantham second from Commissioner Hatney. If there’s no further discussion Commissioners will now vote by the usual sign and that sign being no. Mr. Russell: Thank you, I appreciate it. The Clerk: Mr. Russell, can we get a copy of those documents? Mr. Russell: I’ll sign them for your records. The Clerk: Okay. Mr. Bowles and Mr. Brigham vote No. Motion carries 7-2. Mr. Brigham: Mr. Mayor, are we going to do items 21 and 22? Mr. Mayor: What’s that, Commissioner Brigham? Mr. Brigham: Are we going to do items 21 and 22? Mr. Mayor: We can take 21 but I’ve been informed by the Attorney he needs to brief us on 22 before we vote on it publicly. Madam Clerk, number 21. The Clerk: ATTORNEY 21. Motion to authorize payment of a total sum of Sixty Thousand Two Hundred Dollars (60,200.00) to Alexander Road, Inc. and its legal representative to acquire title of a portion of property for 2,856 Square Feet of Right-of-Way; 3,977 Square Feet of Permanent Easement, and being located on 1062 Alexander Drive, Tax Map 012, Parcel 075. Mr. Brigham: So moved. Mr. Grantham: Second. 32 Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Mason out. Motion carries 8-0. Mr. Mayor: And, Mr. Attorney, I believe you had requested a Legal Meeting? Mr. Andrews: Yes, we have. The meeting is need for Pending and Potential Litigation, Real Estate and Personnel. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 25. Motion to approve going into a Legal Meeting. Mr. Mayor: Okay, can I get a motion to go into Legal to discuss those three items? Mr. Johnson: So moved. Mr. Smith: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Jackson votes No. Mr. Mason out. Motion carries 7-1. [LEGAL MEETING] 26. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Hatney: So moved. Mr. Holland: Second. Mr. Mason out. Motion carries 8-0. 33 Mr. Mayor: I’m going to take agenda item number twenty-two and then if that’s okay come to you on yours? Mr. Brown: Yes, that’s fine. Mr. Mayor: Okay, Madam Clerk, what we’re going to do is agenda item number twenty- two first? The Clerk: ATTORNEY 22. Motion to authorize the settlement of all claims by Teresa Smith in the aggregate amount of one-hundred twenty-five thousand dollars ($125,000.00); authorizing the County Administrator to disburse the amount of one-hundred twenty-five thousand dollars ($125,000.00); waiving Augusta-Richmond County Code of Ordinances sections in conflict in this instance only; and for other purposes. Mr. Mayor: Can I get a motion on this item? Mr. Johnson: So moved. Mr. Holland: 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. Grantham and Mr. Brigham vote No. Motion carries 6-2. Mr. Mayor: Mr. Russell, I believe you, oh, Mr. Brown, did you? ADDENDUM 24. Motion to approve the appraisal report from Hollingsworth Appraisal Company regarding the land exchange for a portion of property located at 305 Deans Bridge Road and 304 Deans Bridge Road. Mr. Hatney: So moved. Mr. Holland: Second. The Clerk: We’re just adding and approving it? Mr. Brown: The motion is to add and approve. Mr. Mayor: Motion to add and approve. 34 The Clerk: Who seconded that? Mr. Mayor: Commissioner Holland. Mr. Mayor: If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Mason out. Motion carries 8-0. ADDENDUM 23. Motion to approve Ordinances for the 1945 Richmond Employees Pension Fund, the City of Augusta 1949 General Retirement Fund and the GMEBS Defined Benefit Retirement Plan pertaining to the Early Retirement Incentive Program. Mr. Mayor: Okay --- Mr. Russell: Mr. Mayor, I need --- Mr. Mayor: Mr. Russell. Mr. Russell: --- a motion to consider the action on the – The Clerk: Addendum item. Mr. Russell: --- addendum item regarding retirement. The Clerk: The Pension documents. Mr. Bowles: So moved. Mr. Grantham: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Mason out. Motion carries 8-0. Mr. Russell: Then it would be appropriate to have a motion to add and approve no wait a minute. Let’s do a motion to approve next, to add. The Clerk: Waiving the second reading. Mr. Russell: To add to waive the second reading. 35 Mr. Hatney: So moved. Mr. Holland: Second. Mr. Brigham: The motion is to add to waive the second reading. Mr. Russell: Motion to add the item and waive the second reading? Mr. Brigham: No, it’s already on there. The Clerk: It’s already on there. We just need to waive the second reading. Mr. Mayor: We’re reconsidering. It’s just a motion to waive the second reading. Mr. Hatney: So moved! The Clerk: We got it. We got it. Mr. Mayor: Okay, we have a motion --- Mr. Hatney: So moved! Mr. Russell: Whatever Lena says. Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Mason out. Mr. Brigham votes No. Motion carries 7-1. Mr. Mayor: With no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission 36 CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on December 1, 2009. ______________________________ Clerk of Commission 37