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HomeMy WebLinkAboutCOMMISSION MEETING FEBRUARY 17, 2009 REGULAR MEETING COMMISSION CHAMBER FEBRUARY 17, 2009 Augusta Richmond County Commission convened at 2:00 p.m., February 17, 2009, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Mason, Grantham, Hatney, Beard, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. The invocation was given by the Reverend Woodrow Miller, Pastor, Harmony Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: I’d like to call the meeting to order and I’d like to call on the Reverend Woodrow Miller, Pastor of Harmony Baptist Church, for the invocation. Please stand.Pastor, if you could come forward, please, sir, we have something special for you. And first off I just want to say it was a pleasure that day spent with you at Harmony and I want to thank you for all that y’all are doing for the City of Augusta. By these present be it known that Reverend Woodrow Miller, Pastor of Harmony Baptist Church is Chaplain of the Day for his civic and spiritual guidance demonstrated throughout the community. Serves as an example for all of the faith th community. Given under my hand this 17 of February 2009. Thank you for that wonderful invocation. (APPLAUSE) Madam Clerk, on to the presentations. The Clerk: PRESENTATIONS A. Mr. Jim McLaughlin, PE Wilbur Smith Associates. RE: Update on the progress of the Transportation Development Plan for Transit. Mr. McLaughlin: Morning Mr. Mayor, good afternoon Mr. Mayor, members. I would have thought since that I provided a brief overview previously I no longer needed an introduction. So it’s a pleasure to be back for a second time just to give you a short update on the how we’re moving forward with the plan. One of the reasons this worked out well as we’re here for a series of meetings this week. We have a pubic meeting actually this afternoon at 4:30 scheduled for this room to get input. We also have our first meeting of our stakeholders committee working together, which we see as an important meeting and another public meeting tomorrow afternoon. So when I was here the last time we indicated the steps of the project, what you have before you and on the screen. It just indicates with the ones with the check where we’ve done the initiation worked on the beginning of the community and agency coordination and done the data collection and review. What we have left to do is looking at existing and future needs, the alternatives, financial plans and recommendations. I would say that we’re moving forward slowly with the plan based not only on what’s happening as it relates to local issues, state issues and national issues regarding the keys elements of any transit plan and that’s the financial side. There’s a lot of uncertainty yet to be uncovered and we want to make sure that whatever we do moves forward in a way that makes sense fiscally. We’re of course interested in 1 getting more input from the community. We have a community-based survey that we’re going to hand out in different places. We’ve already gotten a lot of input on the onboard survey. There are a lot of folks that have differing opinions. Some folks are looking for a significant expansion and the rest of the service looking at things such as economic development. The future of downtown is some important issues. Other folks question the financial condition of the current system. There’s a lot of work yet to be done. We have no silver bullet, magic wand as relates to financing but we hope as we move forward we can develop some consensus from the community based perspective what the future of public transit should be for Augusta looking at the five-year time frame for the study. And that concludes my report. Mr. Mayor: Okay, thank you, sir, and Commissioners, do y’all have any questions? Okay, thank you, sir, appreciate the presentation. Madam Clerk, on to the recognitions. The Clerk: RECOGNITIONS Employee of the Month B. Lt. John Grant, Augusta Fire Department, December 2008 Employee of the Month. Mr. Ryan Goodson, Fire Fighter Augusta Fire Department, January Employee of the Month. The Clerk: Chief Willis and family members who would like to join in this please feel free to join us. We’ll first do Lt. Grant. The Employee Recognition Committee has selected John Grant, the December Employee of the Month for the City of Augusta. Mr. Grant is a Lieutenant with the Augusta Fire Department working out of Station 9. He currently has 11- years of service with the city. Lt. Grant was nominated by Battalion Chief Ivan Bolica. Lt. Grant was nominated for his immediate actions upon arriving at an apartment complex with a fire on multiple floors. A resident was hanging out a second floor window preparing herself to jump. Realizing the urgency due to her determination to escape the fire to hopefully protect her unborn child Lt. Grant grabbed a ground ladder to reach her and escorted her down to safety. His quick actions certainly prevented serious injury to both. The Committee felt based on this nomination and Lt. Grant’s dedicated and loyal service to the City of Augusta we would appreciate you in joining us in awarding him Employee of the Month for the Month of December. Congratulations Lt. Grant. (APPLAUSE) Lt. Grant: I’d just like to thank my fellow employees. They were also there to assist my with the rescue and another engine company which is not here right now. They were also there which assisted in the rescue as well. And glory be to the Lord for his grace. The Clerk: Chief Willis, would you like to say anything? Oh you want to do it for both, okay. The Employee Recognition Committee has selected Ryan Goodson as the January Employee of the Month for the City of Augusta. Mr. Goodson is a firefighter with the Augusta Fire Department working out of Station 17. He has been employed for over 7 years. Mr. Goodson was nominated by Battalion Chief Kerry Russell. Mr. Goodson was nominated for responding to a location after visually seeing smoke coming from the residence. Mr. Goodson was off duty at the time. He evacuated the residence and notified the 911 Center. A fire had 2 started in the attic and would had given the residents very little time had Mr. Goodson not intervened. The Committee felt that based on this nomination and Mr. Goodson’s dedicated and loyal service to the City of Augusta we would appreciate you in joining us in awarding him the Employee of the Month for the Month of January. Congratulations, Mr. Goodson. (APPLAUSE) The Clerk: Mr. Goodson, would you like to say something? Mr. Goodson: Along with Lt. Grant I would just like to thank the Department and citizens of the county and the County Commissioners for this recognition. I’d like to accept this on behalf of myself as well the Department as a whole because I share the feelings that each and every one of us in that department would have done the exact same thing. Thank you. (APPLAUSE) Mr. Smith: Thank you, Mayor. These folks do more than just put out fires. They really do. Christmas morning about 2:00 o’clock I woke up and knew something was wrong. I’ve never had an experience like that. Anyway we better call 911, she did and in 6 minutes time they were at my house had given, checked all my vital signs and gave me what I needed. I was ready to get up and go hunting. And I just wanted to say before the ambulance got there I went on and got checked out. What a tremendous benefit it is for as citizens to have a fire department and trained personnel to do the things that they do. And I commend you folks, Chief, all of you. Bless you. (APPLAUSE) Chief Willis: Thank you, Mr. Smith. I would like to say that I am certainly proud of all of these firefighters. They do do more than just putting out fires. They’re out there when our citizens call for help or whatever the chase may be. In putting out fires, to getting cats out of trees sometimes to getting dogs out of manholes and things like that. But the emergency medical part of the system and all is about 80% of our response time and if it were not for our firefighters being out there 24 hours a day even when they’re off duty they respond when they see a need. And I’m certainly as the Chief of the Department proud of them and do thank them. And I thank the Commission that we get from each and every one of you by giving us the capabilities to do this. Thank you. (APPLAUSE) Mr. Mayor: And I’ll read the letter. This is to both of ya’ll. Dear Lt. Grant and Dear Mr. Goodson. On behalf of the City of Augusta it is with great pleasure that I congratulate you for being recognized as the Employee of the Month. Your contribution to your organization, Augusta Richmond County government and the citizens of Augusta has earned you this recognition. I appreciate your willingness to go above and beyond the call of duty and your outstanding work ethic. You are truly an asset to the Augusta Richmond Fire Department and the citizens of Augusta Georgia. Please accept my personal congratulations on this wonderful award. You are truly deserving of this recognition. Sincerely yours, Deke Copenhaver, Mayor. (APPLAUSE) DELEGATIONS C. Mr. Willie W. Law, IV. RE: Issues of concerns that need to be addressed. 3 Mr. Mayor: And, Madam Clerk, I believe the delegation had requested to be removed, the next one? The Clerk: Yes, sir. Mr. Mayor: Okay, then I guess we will go on to the consent agenda, Madam Clerk. The Clerk: Our consent agenda consists of items 1-23. Items 1-23. For the benefit of any objectors to our Planning Petitions I will read those petitions. If there are any objectors would you please signify your objections once the petition is read. Item 1. A petition with special conditions for a Special Exception to establish a church on property located at 1005 Seventh Avenue. Item 2. A petition requesting a Special Exception to establish a Family Personal Care Home on property located at 2737 Milledgeville Road. Item 3. Is a petition for a change of zoning from a Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property located at 2817 Washington Road. The Clerk: Are there any objectors to those Planning petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Our consent agenda consists of items 1-23. Mr. Mayor: Thank you, Madam Clerk, and I would now ask the Commission if we have any additions to the consent agenda. Commissioner Brigham. Mr. Brigham: Mr. Mayor, I don’t see no reason why number 28 can’t be added to the consent agenda with the approval of the General Aviation Commission. Mr. Mayor: Thank you. Do we have any further additions to the consent agenda? Commissioner Bowles. Mr. Bowles: Items 30 and 34. Mr. Mayor: Do we have any further additions to the consent agenda? Mr. Holland: Mr. Mayor? Mr. Mayor: Commissioner Holland. Mr. Holland: Item 29 and pull that one. I mean add that one to the consent, I’m sorry. Mr. Mayor: Any further additions to? Commissioner Beard. Ms. Beard: Item 35. 4 Mr. Mayor: Commissioner Smith. Mr. Smith: Agenda item 32, Mr. Mayor. Mr. Mayor: Do we have any further? Mr. Brigham: Mr. Mayor, on agenda item 32. Mr. Mayor: Commissioner Brigham. Mr. Brigham: I would like to hear some discussion as to when we expect to be out of there and I don’t think it would be appropriate to just consent to a year’s lease without that discussion. Mr. Mayor: Okay. Okay do we have any further additions to the consent agenda? Hearing none, do we have any items to be pulled for discussion? Mr. Holland: I have one, Mr. Mayor. Mr. Mayor: Commissioner Holland. Mr. Holland: Item #5. I’d like to pull that one. Mr. Mayor: Do we have any further items to be, Commissioner Brigham. PUBLIC SAFETY 11. Motion to approve suspending Club Platinum Business License until the owners can appear before the Commission for a hearing. (Approved by Public Safety Committee February 11, 2009) Mr. Brigham: Mr. Mayor, I wasn’t here last week on committee day. The motion, #11, is that going to take a hearing or if it is don’t we need to put it on possible consent to have a hearing? Mr. Mayor: Madam Attorney. Ms. Johnson: Mr. Mayor, the petitioners in that case are the licensees would rather have determined that they will surrender their license. So there’s no need for a public hearing in that matter. Mr. Brigham: That’s fine. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Mr. Mayor, may I? I’m in on that. Thank you. Are they, are we receiving their offer to surrender their license or are we going to revoke on them? 5 Ms. Johnson: And Mr. Sherman can speak specifically to that. Today’s discussion would have been on revocation. They had a suspended license pursuant to the authority Mr. Sherman has as the Director of Licensing and Inspection. Mr. Grantham: Well, there’s a difference in revocation and suspension or either admitting what they’ve done in turning their license over. If we’re going to revoke them I understand that penalty is for a length of time that could be I don’t know how many years but it could be more so than any form of suspension or any form of their willingly giving up their license. So I want to know what our intentions are today to do to this issue. Mr. Mayor: Mr. Sherman. Mr. Sherman: I can make some comments on that. The other day at the committee meeting I mentioned to the committee that we could suspend their license until today’s meeting - -- Mr. Grantham: Today. Mr. Sherman: --- at which time this would be a thing to consider revoking, suspending or denying their business license. Mr. Grantham: Right. Mr. Sherman: The applicant was notified in time so today is a day when you can discuss that. Just a few minutes ago Mr. Johnson and Mr. McMorris offered a letter just saying that they would like to surrender their business license for Club Platinum. Since we can’t come up with a solution to stop the crimes which are committed in our area so we feel this is the best thing for all parties. With that there’s not a time frame for how long they are offering to voluntarily surrender their license so technically they can come back at any given time and reapply. If you take action on their license today as far as revoking or denying of their license then they would not be able to apply for another license for twelve months. Mr. Grantham: Mr. Mayor, I’m going to continue if you don’t mind. Mr. Mayor: Go ahead. Mr. Grantham: Under the circumstances with what’s just been presented and that was presented to the Committee last week and my not being on that committee hearing the conversation and the recommendation from our Sheriff for revocation than I’ll have to say this body should follow the revocation recommendation from our Sheriff and I’ll make that motion. Mr. Jackson: I’ll second it. Mr. Mayor: Okay, we have a motion and second. But actually I think procedurally we need to pull this off the consent agenda first. 6 Mr. Grantham: I thought we just did. Mr. Mayor: No, because we haven’t approved the consent agenda. Mr. Grantham: Pull it off and leave my motion in order. Mr. Mayor: Okay, so we’ll, Rob, go ahead. Mr. Sherman: Just one more comment. This is a dance hall or even if it had been a teen club in the event that you do adopt the ordinance amendments that will come up later on your agenda if you agreed to accept this for some period of time he would not be able to reopen until he came before you for approval. Just for your information. Mr. Mayor: Okay, do we have any further items to be pulled for discussion? Okay hearing none I’d to see a motion to approve the consent agenda. Mr. Jackson: So moved. Mr. Johnson: Second. CONSENT AGENDA PLANNING 1. Z-09-04 – A request for concurrence with the Augusta-Richmond County Planning commission to approve with the following conditions 1) the only use of the building shall be outreach for neighborhood youth and food drives or those uses allowed in the R-1C (One- family Residential) Zone; 2) all activities at the site must cease by 9:00 P.M. and 3) the structure must be brought up to all building code standards before a Certificate of Occupancy may be issued; a petition by Winston Crawford, on behalf of First Mt. Carmel Baptist Church, requesting a Special Exception to establish church outreach activities per Section 26-1 (A) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .14 acres is known as 1005 Seventh Avenue. (Tax Map 072-2- 582-00-0) 2. Z-09-05 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Valerie Wilkins requesting Special Exceptions to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 2.02 acres and is known as 2737 Milledgeville Road. (Tax Map 070-2-022-00-0) 3. Z-09-07 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Greg Oldham, on behalf of William F. Franke III, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing .51 acres and is known as 2817 Washington Road. (Tax Map 012-0-067-01-0) 7 PUBLIC SERVICES 4. Motion to approve the selection of Garsite, LLC bid for purchase of aircraft 5,000- gallon refueler and approve the purchase order for the refueler. (Approved by Public Services Committee February 11, 2009) 6. Motion to approve the acceptance of a $50,000 grant award from the United States Tennis Association (USTA) for the Diamond Lakes Tennis Center. (Approved by Public Services Committee February 11, 2009) ADMINISTRATIVE SERVICES 7. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the Bethlehem Neighborhood: 1440 Chestnut Street, 1545 Chestnut Street, 1535 Chestnut Street, 1455 Chestnut Street, (District 2, Super District 9); Laney-Walker Neighborhood: 1126 Carrie Street, 913 Barnes Street, (District 1, Super district 9); Turpin Hill Neighborhood: 2110 Martin Luther King Boulevard, (District 2, Super District 0); Olde Town Neighborhood: 101 Ellis Street, (District 1, Super District 9); Sand Hills Neighborhood: 536 First Avenue, (District 1, Super District 9); AND WAIVE SECOND READING. (Approved by Administrative Services Committee January 28, 2009) Approved in Commission meeting February 3, 2009 – second reading) 8. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the Laney-Walker Neighborhood: 1127 Cecelia Street, 1129 Cecelia Street, 1131 Cecelia Street, (District 1, Super District 9); South Augusta ND Neighborhood: 227 Wise Drive, (District 2, Super District 9); AND WAIVE 2 READING. (Approved by Administrative Services Committee January 28, 2009) (Approved in Commission meeting February 3, 2009 – second reading) 9. Motion to approve the Supplemental Consulting Service Agreement with NERA. (Approved by Administrative Services Committee February 11, 2009) PUBLIC SAFETY 10. Motion to approve the purchase of a Live Scan Finger Print machine. (Approved by Public Safety Committee February 11, 2009) 12. Motion to approve the replacement of broken windows at the jail at 401 Walton Way. (Approved by Public Safety Committee February 11, 2009) ENGINEERING SERVICES 13. Motion to approve a Resolution removing Fenwick Street as described in the plat previously recorded in Book 1, pages 950-951 from the City’s road system after having met all applicable requirements of Georgia Law for the removal of a county roadway. (Approved by Engineering Services Committee February 11, 2009) 14. Motion to authorize the execution of an agreement with the U.S. Geological Survey (USGS) for the installation and operating of monitoring wells to investigate water levels and water quality of Augusta’s Groundwater Production Facilities in the amount of $130,420. (Approved by Engineering Services Committee February 11, 2009) 15. Motion to approve an Option for Right-of-Way between Alexander commons Home Owners Association, as owners, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, consisting of sign/site improvements on DOT Project Parcels 27- 8 S-1 and 29-S-1 for $21,550.00 and $11,775.00 respectively for a total amount of $33,325.00. (Approved by Engineering Services Committee February 11, 2009) 16. Motion to authorize the execution of an agreement with Cranston Engineering Group for engineering services in the amount of $250,905 for complying with the FERC Dam Safety Performance Monitoring Program to support the Augusta Canal Licensing process. (Approved by Engineering Services Committee February 11, 2009) 17. Motion to approve condemnation of a portion of property at 2623 Willis Foreman Road for the purpose of acquiring a Right-of-Way in connection with the Willis Foreman Road Bridge Project of 0.314 acre or 13,687 square feet in fee and 13,786 square feet for a temporary driveway easement. The appraised value is $1,507.00. (Approved by Engineering Services Committee February 11, 2009) 18. Motion to approve the rebidding of the project for the Evaluation and Assessment of the Deans Bridge Road Landfill Gas Collection and Control System. (Approved by Engineering Services Committee February 11, 2009) 19. Motion to approve and Option for Right-of-Way between Dennis Stanfield as owner, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, consisting of 0.217 acre or 9,439.94 square feet in fee and 0.062 acre or 2,715.26 square feet of permanent construction and maintenance easement at 1078 Alexander Drive for a total purchase price of $73,900.00. (Approved by Engineering Services Committee February 11, 2009) 20. Motion to approve an Option for Right-of-Way between Washington Walkers, LLC as owners, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, consisting of 0.068 acre or 2,966.42 square feet in fee and 0.091 acre or 3,946.99 square feet of permanent construction and maintenance easement. Also granted is one temporary driveway easement at the referenced property located at 2805 Alexander Drive. The total purchase price is $78,500.00. (Approved by Engineering Services Committee February 11, 2009) 21. Motion to approve a Resolution removing Talcott Street as described in the plat previously recorded in Book 1, pages 950-951 from the City’s road system after having met all applicable requirements of Georgia Law for the removal of a county roadway. (Approved by Engineering Services Committee February 11, 2009) PETITIONS AND COMMUNICATIONS 22. Motion to approve the minutes of the regular meeting of the Commission held on February 3, 2009) APPOINTMENTS 23. Motion to approve the reappointment of Mr. Tracy E. Williams and William Lee, IV to the Tax Assessor Board for a four-year term. PUBLIC SERVICES 28. Motion to approve the attached Federal Aviation Administration (FAA) Grant Agreement. 9 PUBLIC SAFETY 29. Motion to approve ATT&T Loan Servicing Contract. (No recommendation from Public Safety Committee February 11, 2009) FINANCE 30. Approve the acquisition of one asphalt paver/finisher for the Public Services Department Maintenance Division. 34. Motion to approve refund request for one account. APPPOINTMENT(S) 35. Motion to approve the recommendation of the CSRA Economic Opportunity Authority, Inc. to reappoint Mr. Augustus Thurmond and appoint Ms. Linda LaMarr and Ms. Margaret Huskey. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Motion carries 10-0. [Items 1-4, 6-10, 12-23, 28-30, 34-35] Mr. Hatney: Madam Clerk? The Clerk: Yes, sir. Mr. Hatney: No alcohol? The Clerk: No alcohol. Mr. Mayor: No alcohol. Madam Clerk, let’s go to the pulled items first. The Clerk: PUBLIC SERVICES 5. Motion to approve a request from Mr. Larry McCord regarding the Highland Park Neighborhood Association request to rename the Wood Park Community Building to the Charles Evans Community Center. (Approved by Public Services Committee February 11, 2009) Mr. Mayor: Commissioner Holland, I believe this one was yours. Mr. Holland: Yes, sir, Mr. Mayor, thank you very much. Mr. Mayor, I asked to have this item pulled from the consent agenda in view of the fact that I knew Mr. Evans very, very well and as a matter of fact he and I played football together with the semi-pro football team. And we were very good friends and were co-workers with the Richmond County Board of Education also. And I also had this item pulled, Mr. Mayor, because of the fact that because he was an outstanding individual within our community and in our neighborhood it gives me a great deal of pleasure to even recognize some of his family friends that are here today and some of the 10 friends here from the neighborhood association. And because during our committee meeting we asked that this be pulled so we could have some due diligence and have this approved for this I’m making a particular park and building to be named in his honor. So therefore, Mr. Mayor, motion that we go ahead accept this and have this building named in honor of Mr. Charles Evans of the Wood Park Community Center be named inhis owner the Charles Evans Community Center. So that’s my motion. Mr. Mayor: Do we have a second? Mr. Johnson: Second. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Are we just renaming the center or the entire park? Mr. Holland: No, it’s just the center. Mr. Bowles: Okay, I wasn’t sure. Thank you. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Holland: Also, Mr. Mayor, if you don’t mind can we get some of his family, friends and members of the neighborhood association to please stand. Mr. Mayor: If you’re here in support of this if you could just please stand. Mr. Holland: Thank you. (APPLAUSE) Mr. Mayor: Madam Clerk, next pulled agenda item. The Clerk: PUBLIC SAFETY 11. Motion to approve suspending Club Platinum Business License until the owners can appear before the Commission for a hearing. (Approved by Public Safety committee February 11, 2009) Mr. Mayor: And Commissioner Grantham, just for procedural sake, if you could just make your motion again. 11 Mr. Grantham: Instead of suspension, Mr. Mayor, I make a motion we revoke the license. Mr. Mayor: Do we have a second? Mr. Jackson: Second. Mr. Mayor: We have a second. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. Mr. Mayor, in view of the fact that these gentlemen came forward to surrender their license and in view of the fact that this last particular incident was no fault of theirs and they had rented it out to someone else and also in view of the fact that this incident that occurred took place in another parking lot and then ended up in his parking lot. We’ve got to think very seriously about this now because when incidents start occurring at different properties are we going to start suspending the licenses of other businesses when something occurs down the street and comes back and ends up in a parking lot that this particular person owns. So it’s something that I would think that we really need to think about because the problem is not the club or the club owners the problem is the guns and the gangs that we have in the community, which we need to get under control. So this something that I think as a community and as a Sheriff’s Department, a Police Department we really need to work toward to try and control all of that. So in view of that you know and even though they asked and volunteered to want to surrender their license to really stop them now from working for at least twelve months I’m going to ask for a special request to have their license suspended for at least six months. That’ll give us an opportunity to give them a chance to take a look at what they’re doing and give us an opportunity also to look at the ordinance that we’re trying to pass and we’re going to be looking at. Because they will have to come back before this Commission anyway before they’re approved. So my motion, sir, at this particular time --- Mr. Mayor: Substitute motion? Mr. Holland: --- substitute motion is to suspend their license at least for six months and give them an opportunity to sit down and revamp and reevaluate what they’re doing. And of course sit down even with the Sheriff’s Department and get some ideas or some suggestions from the Sheriff as to what they can do in terms of helping them with the work that they’re doing and with the security in the parking lot. That’s my motion, sir. Mr. Hatney: Second. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: Mr. Mayor, being this is in my district and this is the second time, if they go on probation again it will be the third time they’ve been on probation for six months I don’t wish upon any Commissioner or any citizen of this city to endure what the residents of Fox, Forest Estates have endured the last three and one-half years with gun shootings at night, violence in the parking lots, vulgar language when you’re trying to drive through the parking lot and I commend the Sheriff for coming forward and bringing us this information. And we’ve had one killing and 12 with talking with the club owner he said well I don’t know what to do. And I said well sir this doesn’t happen in other clubs maybe it’s the hip hop culture. And I said, well, maybe you’re recruiting the wrong type of people to your club. And he agreed. And it’s not him, it’s the people he attracts. I don’t wish that upon any resident of this city in their districts and I sure hope that people will support the Sheriff’s recommendation and agree with Mr. Grantham not to allow, to revoke their license. Mr. Mayor: Commissioner Mason. Mr. Mayor Pro Tem, excuse me. Mr. Mason: Thank you. Well, we won’t get hung up on titles, Mr. Mayor. I do want to hear from Sheriff Strength if we could, Mr. Mayor. Mr. Mayor: Mr. Sheriff. Sheriff Strength: Of course I spoke to committee I think last week and six of you folks were there and I apologize for going over basically what I told the six but we did have some Commissioners that were not there. And I think it only fair that they basically understand what I went over with you folks there were there. Granted as Commissioner Grantham said I have requested and support revocation. Now we’re not talking a shooting, we’re talking six shootings in their parking lot. A lot of folks say well it can happen anyway, it can happen at the Kroger Store. Well, the Kroger store does not attract this element to have shootings in their parking lots. We have 35 clubs that have alcohol in Richmond County. We don’t have this problem in those clubs. Now we have isolated problems, we address them, we meet with the owners, we work it out and we’re not up here. And everybody knows I’m very seldom up here requesting anything. But I think this is very important that our Commission sends two messages. One to the club owners that this will not be tolerated in our community and also to our citizens that we’re going to stand for a place that if you go there’s a chance that you’re going to be stabbed, shot or beat up. Now we can say all we want in their parking lot but these things initiate inside the club and it is just like Commissioner Bowles said, it is a particular element. Now why don’t I have all these shootings in the other 35? They control their patrons, they do not cater to certain patrons because they don’t want them there. But this club, of course, has been on probation two different times. We’ve been wary of 2008 we brought them up here for a murder that happened in the parking lot. They were put on probation. We brought them again in September. Another one shot in the parking lot. They were put on probation. But since they’ve been there December 2006 we had a victim shot in the parking lot. March 2007 we had a victim shot in the parking lot. We had the murder in 2007 of July, we had another victim shot in February of 2008, we had another subject shot in September of 2008 and the latest we had two victims shot February of this year. Now how you can tell me it can happen anywhere yet it does not I don’t understand that. It is happening there it is not happening anywhere else. We have done everything we can with the owners. A club like this that attracts this element it is going to happen. Why doesn’t it happen with the other 35 clubs? Because they take care of their business there. Mr. Mason: I have a follow-up question for Sheriff Strength. Mr. Mayor: Mayor Pro Tem. 13 Mr. Mason: Sheriff Strength, how many days a week is this club open? Sheriff Strength: Max, two days. A lot of times one day but max they’ll just be open Friday night and Saturday night. Mr. Mason: So the incidents you’re referring to and the various citations these are happening within these one or two nights within a week that this club is open. Mr. Strength: That is correct, sir. Mr. Mason: There was a question about the number of deputies that were on duty that particular night and I know that I believe this Commission made the stipulation that any events that go on in that club be subletted out or what not was to have four sheriff’s deputies on duty. How many sheriff’s deputies were on duty that night? Sheriff Strength: There were only two. The owners made contact with the deputies working said tonight we only work two. They were questioned you know the Commission said four. Well, they said this is a private party, we don’t think we’re going to have any problem, we just want to pay for two. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I’m going to speak in regards to this because basically I advocated for this particular business and it wasn’t because I had a particular interest in that but being one of the youngest guys up here on this Commission I saw things from a young perspective if you will. Also from a business perspective and this issue here of course we know it’s not and the Sheriff and I have talked about a lot of issues that we have throughout this community. It’s not a particular individual issue it is a community issue. The same night that that incident happened a shooting occurred in Highland Avenue Subdivision where a bullet went into a rental car, went into the owner of the house went into his house into his recliner seat there and normally sits there, just random gunfire. Don’t know where it come from. It actually took place about 11:30 quarter to 12:00. And shortly after that a young man was shot up there near Club Platinum. So again it’s an issue that affects all of us. It’s not one particular area or district but it affects us all. I want to make sure people are safe in District 7 as well as District 2. It’s not a particular area that I’m concerned about I’m concerned about the entire city. And I think if we’re going to address this issue we got to really look at it from abroad. We have an issue with our young people and guns, period. We can close Platinum down, I think it’s, I commend them guys for surrendering their license. It’s not saying that they’re going to come back and do anything with that under the same pretense but what I’m saying is it’s going to happen and it’s going to happen maybe in our neighborhoods now, okay? It’s just an issue that we have. We’ve got to figure out a proactive solution or plan to deal with. And I truly don’t think that, I mean these guys not only do they participate just on that aspect of business but they’re businessmen. They have several things that they do in this community. And I don’t think that they’re just targeting one particular audience it’s just that you have the same group of teenagers that go out, period. And it’s only a certain portion of those teenagers that cause problems. You know it’s 3- 5% that cause these issues and it’s sad that they get to these locations and do things like that and 14 they cause issues for them. So I commend, I really support them surrendering their license. I don’t think that I mean based on this particular place is going to be probably going to be some sort of social lounge or event or whatever it is. It may be a sports lounge because it’s only set up to be that. So it’s going to be that we got to figure out a way to deal with this abroad. It’s not the club issue and I think we need to figure out something more appropriate to deal with this on a more a broad note. Thank you. Mr. Mayor: Okay, if there’s no further discussion we have a substitute motion on the floor and, Madam Clerk, just for the sake of clarity if you could read back the substitute motion. The Clerk: Yes, sir. The substitute motion is to suspend the business license of Club Platinum for six months. Mr. Mayor: Commissioners will now vote by the substitute sign. Mr. Bowles, Mr. Mason, Mr. Jackson, Mr. Brigham, Mr. Smith and Mr. Grantham vote No. Motion fails 4-6. Mr. Mayor: Okay, Madam Clerk, we have a primary motion on the floor. The primary motion is once again. The Clerk: The primary motion is to revoke the business license of Club Platinum. Mr. Mayor: Commissioners will now vote by the usual sign of voting. Ms. Beard abstains. Mr. Johnson, Mr. Holland and Mr. Hatney vote No. Motion carries 6-3-1. Mr. Holland: Mr. Mayor. Mr. Mayor: Commissioner Holland. Mr. Holland: Am I understand that Mr. Sherman mentioned the fact that they will be able to come back after 12 months and reapply for their license? Mr. Mayor: Mr. Sherman. Mr. Sherman: That’s correct. This action will prohibit him from applying for a license for 12 months. Mr. Mayor: Okay, thanks Rob. Madam Clerk, on to the regular agenda. The Clerk: Items 24, 25 and 26, can they be taken as companion, Mr. Brigham, or do you want --- 15 Mr. Brigham: I don’t care. The Clerk: You don’t care? Okay. Mr. Brigham: We can vote them individually or as a group. The Clerk: I beg your pardon? Mr. Brigham: We can do it either way. The Clerk: Okay. Mr. Mayor: Okay. The Clerk: Twenty-four, twenty-five and twenty-six we can consider --- Mr. Mayor: Is 27 part of --- The Clerk: Twenty-seven? Let’s see. Yes, sir. Mr. Mayor: Okay. The Clerk: We have four. You want to take them individually or as a group or --- Mr. Mayor: I’d say let’s just take them as a group. Is everybody --- The Clerk: Okay. Mr. Mayor: --- okay with that? Okay. The Clerk: As companion items? Okay. PUBLIC SERVICES 24. Motion to approve an Ordinance to amend the Augusta, Ga. Code Article Three Section 3-1-1 relating to “Curfew for Minors” so as to establish provisions for business tax certificate applicants for teen social clubs to comply with the regulations set forth in the “Dance Hall” Ordinance. (No recommendation from Public Services Committee January 28, 2009 requested by Commissioner Jerry Brigham) 25. Motion to approve an Ordinance to amend the Augusta, Ga. Code Title Six Article Three Section 6-6-43 so as to require applicants to receive Augusta-Richmond County Commission’s consent to operate; to repeal all code sections and ordinances and parts of code sections and ordinances in conflict herewith; to provide an effective date for other purposes. (No recommendation from Public Services Committee January 28, 2009 requested by Commissioner Jerry Brigham) 26. Motion to approve an Ordinance to amend the Augusta, Georgia Code Article Two Section 2-1-38 so as to establish additional conditions for suspension of a business tax 16 certificate; to repeal all ordinance and parts of ordinances in conflict herewith; to provide an effective date and for other purposes. (No recommendation from Public Services Committee January 28, 2009 requested by Commissioner Jerry Brigham) 27. Motion to approve an Ordinance to amend the Augusta, Ga. Code Article Six Section 6- 2-74 to establish provisions for the suspension of a license for alcoholic beverages; to repeal all ordinances and parts of ordinances in conflict herewith; to provide for an effective date and for other purposes. (No recommendation from Public Services Committee January 28, 2009 requested by Commissioner Jerry Brigham) Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor I think everybody’s familiar with all of these ordinances. I hope everybody’s read them this time and I think they speak for themselves. We’ve already dealt with one circumstance today that these ordinances might have made a difference, it might not have made a difference and I know this. I know that we as Commissioners need to look at the regulations of these clubs and make sure that the places that our citizens go to are safe and I I would encourage everybody to vote for these think we ought to have this review and ordinances. Mr. Mayor: Would you like to put that in the form of a motion. Mr. Brigham: So moved. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. Being a member of the Public Services Committee I totally have the utmost respect for what Mr. Brigham has said. If I’m not mistaken I believe in our last committee meeting we asked that some information be given to us to compare with each of these ordinances so we would have an opportunity to make these comparisons in reference to what we have now. If I’m wrong I stand to be corrected. Is that correct? Mr. Mayor: Madam Attorney. Ms. Johnson: It’s in the supporting documents for those ordinances that are being added. There’s nothing to give you because nothing existed. For the other ordinances when you look at your backup documents what’s been changed is the information that is stricken through. Any time you see something with a double line underneath it it’s being added. And also at the top of the documentation it says “add”. So if there is nothing supplied, there was nothing to compare it to. It’s a new drafting. We don’t have a provision for that in our code. Mr. Holland: Thank you for that lesson in law work, Ms. Johnson. Ms. Johnson: Yes, sir. 17 Mr. Mayor: Okay, we have a motion and a second. Is there any further discussion? Commissioner Johnson. Mr. Johnson: Are we to take these as companion 24-27? Ms. Johnson: Yes, sir. Mr. Johnson: Thank you. Mr. Mayor: Okay, and we are now voting to approve items 24, 25, 26 and 27. Commissioner Johnson. Mr. Johnson: I do have one question. If we could get Mr. Harris up to the podium. I need to ask him something or either Rob, it don’t matter. But I know he did speak to this matter the last time. Mr. Mayor: Mr. Sherman. Mr. Johnson: Exactly pertaining to these ordinances that we’re proposing here what authority does it give y’all to act on these versus where we are now? Is it something particular that it gives you the authority to do to respond to these ordinances based on bringing it before the Commission before we make a change or what have you? Mr. Sherman: For the first two 24 and 25 both of those are an amendment to the existing ordinances. Before we can sell the business license we have to bring it before you for approval, for review and approval. The other two ordinances just provide guidelines for revoking. Twenty-six provides guidelines for revoking or taking action on an ordinance or on an application. And #27, that just provides guidelines for suspending an alcohol license. Mr. Mason: Okay, it’s basically the same as it is now. It’s just giving you more detail if reference to what is or what is not to be performed or not to be performed in these particular places or establishments if you will. Mr. Sherman: It does that as well. Mr. Mason: Okay. Thank you, Mr. Mayor. Mr. Mayor: Okay, if there’s no further discussion Commissioners will now vote by the usual sign. Ms. Beard, Mr. Holland and Mr. Hatney abstain. Motion carries 7-3. Mr. Mayor: Okay, Madam Clerk, next agenda item. The Clerk: 18 FINANCE 31. Report from the Administrator/Attorney regarding appropriate uses for hotel/motel tax revenues for contractual obligations. (Referred from December 8 Finance) Mr. Mayor: Commissioner Bowles. Mr. Bowles: Mr. Mayor I make a recommendation we just forward this to the next committee meeting unless anybody wants to get into all the detail here. I don’t really see the point or the urgency unless the Administrator wants to. Mr. Mayor: I think that that would be appropriate given the title of it. Mr. Russell: That’s fine. Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Commissioner Beard. Ms. Beard: If we have some information that we could review before the next meeting I would appreciate getting that. Mr. Russell: Yes, ma’am, let me pass that out. I’ll get some extra copies made but I’ll pass that out when I get those if that’s okay. Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: I’d say magnanimous but I don’t know that I have the breath today. Madam Clerk, did we, I don’t think we consented 32, did we? The Clerk: No, we didn’t. No, sir, you’re right. Mr. Mayor: Commissioner Brigham had a question. Okay, Commissioner Brigham, your question. FINANCE 32. Consider approval for lease of Main Tag Office. Mr. Brigham: Mr. Mayor, I think my question’s real easy to solve. If there’s an early out provision where we stop paying rent on this building once we relocate I won’t have any problem with this. I hate seeing us just pay rent for a place that we’re not going to use. I know it’s only $500.00 a month but $500.00 a month still means something to this Commissioner if it don’t mean something to the rest of them. But um --- 19 Mr. Grantham: (inaudible) Mr. Brigham: No, we either need to renew the contract because the state wants us to renew it but I think we ought have a get out of clause whenever we can get these buildings relocated like we had planned a year ago. Mr. Mayor: Mr. Russell. Mr. Russell: At this point I’m trying to, you threw me a curve here. I had an answer to a question you didn’t ask, not one to the question that he did ask. Can you look real quick and see if there’s an easy out? I don’t know that there is. The issue that I have, sir, is that the construction of the fire station is running a little bit behind where we’re at. If we started next week we’ve still got a 270-day window to get that finished which would put us into late October early November. Anyway given the nature of those building processes and whatever I thought the extra month or two would be appropriate to keep as a cushion just in case. As you noted that rent is about five hundred and forty some odd dollars a month and didn’t think that the value of the cushion would be worth and extra month or two rent if necessary to use that. And I’ll check and see if there is an early out but I haven’t had a chance to read that yet. Mr. Mayor: Commissioner Brigham. Mr. Brigham: I don’t like doing this but I’ll make a motion we approve . Mr. Mayor: We have a whispered motion to approve. Do we have a second? Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Next agenda item, Madam Clerk. The Clerk: FINANCE 33. Consider a request from Ms. Edna Thompson regarding an abatement of taxes associated with the 2008 valuation of the residence located at 808 Ronda Drive. The Clerk: Do you want to hear from Ms. Thompson first or Mr. Hicks? Mr. Mayor: What’s that? The Clerk: Do you want to hear from Ms. Thompson or Mr. Hicks? 20 Mr. Mayor: First let’s hear from Mr. Hicks. Mr. Hicks: Mr. Mayor, the owner of the property at 1808 Ronda Drive is requesting an st abatement of taxes for 2008 based on there being a loss due to a fire after January 1. I believe it thth was on the 6 or 7 of January. And because it’s early in the year they’re requesting an abatement of taxes from the governing authority. Unfortunately state statute does not provide for st that. The property was there on January 1, which is the lien date for determining the value for the entire year, and taxes have been appropriately assessed and taxed for the property for that current year. However should the governing authority elect to afford some abatement I have included I believe in your packet a breakdown of the taxes for the entire year. Mr. Mayor: Okay, thank you and now if we could hear from Ms. Thompson. Ms. Thompson: When I was paying for the house I was paying for my taxes and my insurance included every month for the entire payment for the house. I’ve included about $73.00 for state every year per month towards the taxes and the insurance policy. And currently the man has the house listed as taxes in my name. He got my insurance money. He had that listed in his name and apparently I was informed by attorneys I would have to sue him for fraud. But I have cleaned the lot off, I’ve had to pay the taxes that are in my name they been paid I’ve paid the bills for the house. And all that was included in my house payment according to the paper work I have here for the house. He’s not been responsible for any cleaning of the lot; he just got the insurance that I paid for. He’s gotten everything. Mr. Mayor: When you’re saying “he”, ma’am, who are you referring to? Ms. Thompson: Richard Makerson, 802 Sparkleberry Road in Evans, Georgia. Mr. Mayor: Okay, now you’re the owner of the house, though, aren’t you? Ms. Thompson: I was purchasing it from him. But currently right now they don’t even have me listed as, the land is mine. He’s got the taxes in my name. You’d have to look at these documents. He’s got the taxes in my name but the house, he gets the money from it, he got the insurance from it. He just has the taxes in my name. Mr. Mayor: Are you renting from him? Ms. Thompson: I was purchasing supposedly but the it’s --- The Clerk: It burned down? Ms. Thompson: But you’d have to really look through the paper work. Mr. Mayor: Commissioner Hatney. 21 Mr. Hatney: Just one question. I’m just a little confused and that’s nothing new either. You purchased a home and you have a mortgage. And in any mortgage you have taxes and insurance, which goes into a fund, escrow that’s paid annually. Ms. Thompson: This man was collecting --- Mr. Hatney: How did he get the insurance if the insurance was in your name? Ms. Thompson: I was paying him for the mortgage payment. Mr. Hatney: So he financed the house. So you need to get your money from him if he got the insurance. Ms. Thompson: You see what I’m saying I also paid for these taxes through the payment of the house and he collected that too for the past year. The past years he’s been paying the taxes but the taxes on the land was listed in my name. But he was making the payments I was paying him. Mr. Hatney: I’m not being peculiar ma’am but if somebody else has the insurance money that should have been used to repair the house. I’m kind of confused how you would come here to get money that somebody else has already got. If it’s your money you need to get your money from him. Ms. Thompson: The house has been burnt for a year, to the ground. I haven’t been living in it for the past year. Mr. Hatney: But he got your money. Ms. Thompson: Yes. But I haven’t had a house to live in and you tax for the full year but there hasn’t been in the property. Mr. Hatney: The insurance done paid somebody. Mr. Mayor: Let me go Commissioner Jackson, Commissioner Smith then Commissioner Bowles. Commissioner Jackson. Mr. Jackson: Rob Sherman would probably be able to help with some of the clarifications on this matter. We actually paid the tear the house down. She’s owner financed and the house burned to the ground and the landlord took the money. So she’s now living on soil out there somewhere. Mr. Mayor: If you could speak into the mike, please. Ms. Shawn Rhodes: Sorry. We did send a Notice of Violation out to Ms. Thompson to abate the problem to tear the house down. When I was preparing my case for court there was question of who I had to take to court for the violation because of the two individuals who were 22 on there Mr. Makerson and Ms. Thompson here. I went with Ms. Thompson because she was the owner on record. However after viewing the description of the deed there was some confusion as to who would have been the responsible party. Ms. Thompson took it upon herself to tear the structure down. She hired a contracting company, took care of the issue prior to our court date. Mr. Mayor: Okay, I’m still confused. Commissioner Smith. Mr. Smith: Could I ask is this a rent to own contract that you had? Is that what that was? Ms. Rhodes: It was more of an owner financing from what I understand from the deed. Mr. Smith: I know that’s not our decision but that’s what it sounded like that she wound up with the money. Mr. Mayor: Commissioner Bowles. Mr. Bowles: --- I watch Court TV but I did see something similar to this on Court TV one night. Mr. Mayor: Thank the Lord then for Court TV then, though, straighten this out. Mr. Bowles: Are you suing this gentleman that was owner financing? Ms. Thompson: I’m going to have to take him to court but right now we’re trying to come up with the money for the Attorney. But I am going to have to take him to court. Right now I have nothing and he’s got the taxes in my name and using it as a tax shelter. Mr. Bowles: I don’t know if it’s appropriate to freeze the taxes until this court date’s settled but that would be what I like you know just to you couldn’t acquit accrue interest and penalties until this court date is settled or don’t file a lien until she settles this court date. Mr. Hicks: (inaudible). The Clerk: Mr. Hicks, can we get you to the microphone? Mr. Hicks: The property was acquired in 2002. As part of the consideration paid at that point in time Ms. Thompson received a purchase money mortgage from the owner for approximately $58,000. The majority of the value of the house was financed by the owner. As a requirement of that financing she was making payments, principal and interest to him and she was paying one twelfth of the insurance and taxes to him that was provided in an escrow account. Now the agreement required her to maintain property insurance on the property and he was the loss payee because at that point in time she owned him approximately $59,000. I assume the insurance company basically paid him as the loss payee. But he is or was the owner of record. I don’t if she continued to make payments to him in 2008 or whether she stopped when the loss occurred. But as far as we can determine the owner of record is Ms. Thompson. 23 Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. You know I’m listening to all this and I hear the problems that Ms. Thompson is facing but shouldn’t we just be dealing with the taxes and not necessarily the fire or who paid who and who the mortgagee was? We have the taxes to deal with and if Ms. Thompson was listed under the taxes as the property owner did she get homestead exemption? Mr. Hicks: I think she did. Mr. Grantham: All right so we have granted homestead exemption based on ownership of property and based on taxes being billed to her. So my point is that we need to address this st whether it be for one year whether the state rules say that as of January 1 that property is valued based on the tax bill being sent out. And you know are we of a mind to abate those taxes? That’s the question facing us today. Not whether she’s going to collect from the fella who financed the place for her but based on the fact that she’s here to appeal the taxes that we have charged her for. Mr. Hicks: That’s correct, sir. Mr. Grantham: So I think that’s the issue that’s --- Mr. Mayor: Exactly I think everything else we’re getting in legal issues. Mr. Grantham: Exactly. We don’t need to be dealing with that. What is your recommendation on this, Mr. Hicks? Mr. Hicks: To deny the request. Mr. Grantham: To deny the request. I make a motion we deny. Mr. Hatney: Second. Mr. Mayor: We have a motion and second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Mason and Mr. Jackson vote No. Motion carries 8-2. The Clerk: ADMINISTRATOR 36. Report from the Administrator regarding ongoing SPLOST projects. Mr. Mayor: Mr. Russell. 24 Mr. Russell: Yes, sir, Mr. Mayor. What I’m going to be doing if it pleases the group is at the last meeting of each month give more of an update on some different kinds of issues that we face as a community and as a government here. A lot of things I think we need to talk about aren’t really appropriately captured in a motion or an agenda item or whatever. I felt the need for the past little while to have some time to tell you some of the good things, some of the bad things and some of the challenges we face and some of the things that are going on around us there basically. Not to trespass on your time we’ll do that in a very brief manner. If you have questions I’ll be more than happy to try to respond. Two things or three things that I’d like to talk about immediately. The first would be the SPLOST projects that are ongoing, the bigger ones that you see coming out of the ground. The first is the East Central Georgia Regional Library. Progress to date we’re about 20% complete in the construction. We moved 650 yards of concrete so far the foundations’ in place and the steel erection is underway. The scheduled completion date is June 2010 with a total budget of $24075, which was approved by the Commission. During the next 30 days we’re going pour zones two and three slabs on grade and continue to direct steel as we continue to move up in the project. As I told somebody last week there’s lots of cranes in Augusta and these are our cranes working on projects that you approved that the citizens are paying for with their 1-cent sales tax. The Judicial Center construction is at about 3%. We’ve got the site cleared if you haven’t been by there. We’re doing a site mobilization, erosion control and the security fences are installed. The building pad is about 50% complete. Once again we’re looking at a 2010 anticipation completion date with a budget of $67 million that was approved. That’s moving forward fairly well. It took us a while to get started on that as we talked about that for several years but now we’re moving forward and getting some things done. In the next 30 days you’ll finalize the gross maximum price, complete installation of the cast piles and continue grading the parking area. So what we’re doing is continue to set the foundation as we go forward with that. Detention Center about 4% complete to date. We’ve got the land cleared and storm drainage is 30% complete and the video visitation- building pad is placed. What that is real quickly is as we look at that we’re having set up a video visitation for officer and inmate safety as we go with that. Once again August 2010 for the completion date with a total project budget of $41.2 million at this particular point in time. Slab rough ins are coming up in the next 30 days, foundations, continuing the rough grading and continuing the installation of storm drainage systems. The TEE Center the progress to date we’re looking at the design, about 75% complete. Owner operator-agreement is about 75% complete. We anticipate being back to you with the purchase of the land as we go forward with that and continue to move forward with the whole project. In the next 30-60 days we anticipate having a financing package available for you for whatever costs there are that are above what’s in the SPLOST. There probably will be some at this particular point in time. We anticipate having the land purchased or at least moving forward for your approval for a purchase and that we anticipate bringing forward to you the final owner-operator agreement. That’s based on the constraints that you set several months ago now or a little bit longer than that now. That’s coming to fruition and we’re moving forward with that. We did in the next 30 days you’ll get the final cost estimate finalizing land acquisition plan and the finalization of the owner-operator agreement for your approval. We did have several challenges with that and what you’re looking at is the most recent drawing there of what that will look like as we continue to move forward. If you’ll notice one of the challenges was the building right on the corner, which is a warehouse that was there. We’ve been able to work that in to where we’ve got the buying the Historical 25 Augusta people as they look at that. We’re saving that part of history, doing a little remodeling there to make it a little bit more user friendly for the opening of the building itself. But that was a major challenge. We continue to take advantage of our history and integrate that into our future as we continue to move forward. Those plans and those final documents will be back sometime within the next 30-60 days for your review and approval. A couple other items that I want to mention to you. As you know during our budget session we had approximately twenty or so people that were designed for the RIF program. The instructions that I had and the development that I had at that point was to fill ongoing vacancies with these people if at possible. So far we’ve been able to place sixteen of those people in current vacancies that were not inside those departments but were deemed as positions that we needed to fill anyway. Some of those are in the public safety area. Some of those were considered emergency positions to fill so we were able to do that at no additional cost to the government or to the taxpayer. We were happy with that. In addition at 1:30 today Governor Sonny Perdue signed House Bill 143 that was a bill that would allow the state government to go ahead and reimburse us for our homeowners tax assistance grant that has been in question. Obviously the details have yet to be determined and we do not know at this point if that will impact on our 2008 or will we be able to use that money to help with our 2009 budget. But based on his signature today that money is forthcoming and we will greatly anticipate receiving the check at some particular point in time in the future. That’s pretty much the format that I’d like to use as we continue to move forward. There’s several other issues as we talk about over the next whatever but monthly if it’s the will of the committee or the Commission I’d like to go ahead and burden you for about 5 minutes or so to keep updated with those kinds of issues that are talking about. If you have specific question about issues that we need to talk about in the future I’d be more than happy to do some reports on that kind of thing. But I think it’s good for us to sing some of the praises of the people that are out there working. I know we recognize our employees that go one or two steps above and beyond. We’ve got employees everyday that are making things happen and make Augusta a better place and I wanted to share some of those things with you. Thank you. Mr. Mayor: I’d just like to say, Mr. Russell, as we move forward I think it would be completely appropriate for you to continue to provide these reports as we move forward, as you so much like to say. Commissioner Beard. Ms. Beard: Mr. Mayor, you know I’ve been requesting this type thing for quite some time. I think it’s very important that we know and the community knows what’s going on in this government. And I’d like to ask one other question. Have we heard anything in reference to the stimulus package? Mr. Russell: We’ve heard a lot. Mr. Russell: Um, uh --- Mr. Mayor: Do you want to take one or do you want me to? Go ahead. Mr. Russell: Unfortunately a lot of what we’ve heard is still unspecified rumor and innuendo of what might be, what might not be or whatever. Just recently I got a copy of the Mayor’s list that was out there several weeks ago that an individual sent to us saying that this is 26 the list. How come we didn’t get anything on it? I did participate in a telephone conference with Congressman Barrow on Friday morning of last week. We were briefed on what the major portions of that package were. A lot of those involved tax breaks for our citizens. A lot of those involved money that will go through the state to help eliminate some of the issues they might have in Medicare and those kinds of issues there. As far as what’s coming down to us at this particular point in time we’re still working hard to get that out of the bill. The last thing that I got this morning was an executive summary that is 19 pages long. And I have not been able to get through that yet, I just started reading that about 12:30 or so. But specifics are not forthcoming yet. We are continuing to monitor that and working closely with our Congressman to make sure that we’re on top of everything that we can possibly be on top of. Mr. Grantham: Mr. Mayor? Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. I received an email today from a constituent by asking me to look at what was passed down or recommended being passed down to the state. And it listed the cities within the State of Georgia as to the amount of dollars and the number of projects that they’re going to receive. And it was like $5.6 billion dollars coming to Georgia with Augusta getting zero. Mr. Mayor: Well, and please, let me, that there is so much misinformation out there. That was based on the wish list and that website is based on the U.S. Conference of Mayors’ wish list. And if they had looked at the frequently asked questions on that same website it would explain that if your city is not on here it doesn’t make a difference because when the legislation is passed cities will have the opportunity to apply. Mr. Grantham: Let me continue, Mr. Mayor. And the point I’m making too along the same lines and I was not saying by any means that no request has been sent in for the City of Augusta. All I said that was we were not listed in the receiving line that is already out there. In addition to that our Engineering Services Department submitted 77 projects to the DOT of the State of Georgia, which they in turn were getting additional dollars for infrastructures and for types of projects throughout the state. Of those 77 projects we were approved for four. Three of those projects were for the repaving of roads that are necessary in this community. In addition the other one the major project was the Alexander Drive project, which already had been funded and submitted to our local project by the DOT, Georgia DOT. So my question was raised at that time to whether we would be forfeiting those funds that the Georgia DOT had committed to us and would they use those funds that would be coming in from the stimulus package to replace it. But I was assured by our Commissioner and Chairman of DOT Bill Kuhlke that he was pursuing that and from all indications that those funds would stay in line for Augusta even though the stimulus package would support those four projects. That’s the report I have to give you based on what little knowledge I had. You have a great deal more I’m sure. Mr. Mayor: But the piece of misinformation once again is the wish list or just that. They don’t put you in a receiving line and I made the point today that we have kept in close contact with Congressman Barrow’s office. At a certain point once the funds become available cities 27 will have to apply for them whether it’s from an existing state program or through existing state departments. But a wish list submission is not an application by any means and does not move you up on the list. Commissioner Hatney. Mr. Hatney: Mr. Mayor, you made a great statement there. But my concern is that if the cities are to be helped, if that money’s coming through the state, don’t sit here and fool yourself now. That money’s going to stay up there until they get what they need. You know that. Mr. Mayor: Commissioner Hatney --- Mr. Hatney: If it’s going to help the city that money needs to come to the city. Mr. Mayor: Commissioner Hatney, but that is --- Mr. Hatney: Mr. Mayor I listened to you now. Let me finish. Mr. Mayor: Sir. Mr. Hatney: And I appreciate your upholding confidence in the state but I don’t have that kind of confidence. I’m sorry. You say it might be misinformation but the list came forward and those four projects that were on the list had already been approved and agreed to be paid for. And they said that’s what we were going to get from the stimulus package. Hopefully you can talk to Mr. Barrow again and tell him to let them send our money to us. Mr. Mayor: Well, but Commissioner Hatney let me say that this Commission passed a resolution in support of the National League of Cities in the Georgia Municipal Association requesting that if funds were made available they went directly to cities. That decision was made by the Administration to sent it through the states as opposed to directly to the cities. So that train has already left the station I’m afraid. Mr. Grantham: One of the (inaudible)--- Mr. Mayor: Commissioner Grantham. Mr. Grantham: --- make a point of which is important, those four projects that I alluded to were projects that did meet the qualifications of the federal government, DOT. And the other seventy some odd projects that were involved as listed may not have met those requirements because environmental acquisition of properties and others are not identified as being supportive of the stimulus package. So just the repaving and the working of Alexander Drive which all of that property had already been acquired is one of the main reasons that those were approved on that list. So I wanted to clarify that in case some writings get in the media as to why we were not included. Mr. Mayor: Here again and that, once again the stimulus watch is that’s just the U.S. Conference of Mayors list why we’re not on that list. Mr. Russell. Excuse me, Mr. Bowles. 28 Mr. Bowles: I Thank you, Mr. Mayor. This stimulus talk is not very stimulating so would like to receive the Administrator’s report on SPLOST as information. Mr. Grantham: Thank you. Mr. Brigham: Second. Mr. Mayor: We have a motion and a second. I’m so tired of the word stimulus I can’t stand it. Commissioners will now vote by the usual sign. Mr. Jackson and Mr. Hatney out. Motion carries 8-0. Mr. Mayor: Okay, Madam Attorney --- Ms. Johnson: No Legal session. Mr. Mayor: Commissioner Grantham, you had made mention. LEGAL MEETING A. Pending and Potential Litigation B. Real Estate. C. Personnel. ADDENDUM 37. Motion to go into a Legal Meeting. Mr. Grantham: Mr. Mayor, I think we need to have a legal meeting to discuss Personnel and Real Estate. Mr. Mayor: Okay, can I get a motion to that affect? Mr. Smith: So moved. Mr. Mason: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Jackson and Mr. Hatney out. Motion carries 8-0. Mr. Mayor: We stand in Legal. [LEGAL MEETING] 29 Mr. Mayor: Okay, I’ll call the meeting back to order. 38. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Mason: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: And with no further business to come before the body we stand adjourned. Thanks y’all. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, herby 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 February 17, 2009. ______________________________ Clerk of Commission 30