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Commission Meeting June 16, 2009
REGULAR MEETING COMMISSION CHAMBER JUNE 16, 2009 Augusta Richmond County Commission convened at 2:00 p.m., June 16, 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 Mark Pierson, Pastor, Bethel A.M.E. Church. The Pledge of Allegiance to the Flag of the United States of America was recited. The Clerk: RECOGNITION(S) Employee of the Month A. Ms. Carla McFeely, May Employee of the Month. The Clerk: Mr. Jimmy Smith, Mr. Brigham, do you want to come down as Chairman of Public Services? Thank you, sir. While Mr. Brigham makes his way in, Dear Mayor Copenhaver. The Employee Recognition Committee has selected Ms. Carla McFeely as the May Employee of the Month for the City of Augusta. Ms. McFeely works for the Recreation Department overseeing the Old Government House and the Boat House. She has been employed with the city for five years. Ms. McFeely was nominated by her supervisor Chrislynne Kuhlke. Her nomination details marketing ideas that she has instituted to draw more events to the facilities as well as advertising to increase awareness. She goes above and beyond to keep both facilities in top condition. She has a very professional working relationship with all visitors and vendors. Ms. McFeely received the Employee of the Month award within the Recreation Department in February. She’s a great asset to the City of Augusta. The committee felt that based on this nomination that Ms. McFeely’s dedicated and loyal service to the City of Augusta we would appreciate you in joining us in awarding her the Employee of the Month for the month of April. And I can attest to all of it. (APPLAUSE) Mr. Mayor: And I have a letter to present you with as well and having worked with you I can attest to it as well. Thank you for all that you do for the city. Dear Ms. McFeely. 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 for May 2009. 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 County Recreation 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. (APPLAUSE) 1 The Clerk: Do you want to say something? No? Mr. Beck: Let me say one quick word. About 3 ½ years ago we went through some budget challenges and we at one time had directors of the Old Government House and the Boat House. Well we ended up losing one of those two positions so I said what are we going to do now? How are we going to operate these two buildings? Who are we going to find to operate two buildings where it used to take two people to do it? And now we’ve got one. Well, guess what, we found her. And she’s doing the job of what two people did at one time and she does it with professionalism and has got the best customer service skills that anybody could ask for. And she deserves this award. Thank you. (APPLAUSE) Mr. Mayor: Madam Clerk, on to the Delegations. DELEGATIONS B. Mr. George Mitchell Belle Terrace Neighborhood Association RE: Application for a personal care home at 3057 Collier Road. The Clerk: Yes, sir, Mr. Mayor, members of the Commission. Mr. George Mitchell has asked that his request be deleted from our agenda today. So we’ll add that to our addendum agenda to be deleted. Is that okay? Our next delegation is Ms. Betty Beard regarding the Laney Walker/Bethlehem Revitalization Project. The Clerk: DELEGATIONS C. Commissioner Betty Beard. RE: Laney-Walker/Bethlehem Revitalization Project. Ms. Beard: And this is my first time here. Testing one, two, three. Am I okay? Mr. Mayor: Yes, ma’am, and as with everybody if you could keep it to five minutes, please, ma’am. Mr. Hatney: State your name for the record, please? Ms. Beard: My name’s Betty Beard. Mr. Mayor: Address? Ms. Beard: One Seventh Street, Augusta. Mr. Mayor, Commissioners, citizens of this great city. I stand here before you today to request the issuance of bonds for the Laney- Walker/Bethlehem project. As you are aware I was cited for the condition of my property in the Laney-Walker/Bethlehem district. I apologize for the condition of the property and I want you to know I take full responsibility and will make every effort to correct the situation. It doesn’t matter that 92% of the properties in Bethlehem do not meet code enforcements standards. I have a responsibility to make our city a wonderful place for all of our citizens to live. I am using this 2 incident however to inform our citizens and you of the need to issue bonds that we agreed upon in Ordinance 7034. And if they’re not issued you’re violating the law. How did we get here? In 2005 a few Commissioners and possibly others pushed for a Trade Exhibition and Event Center to be added to SPLOST V. Our Administrator spoke with me numerous times about it. The agreement was that Laney-Walker and Bethlehem would get $750,000 a year for 50-years from the hotel/motel room tax and the TEE Center would get $20 million dollars from SPLOST V and $350,000 a year for 50 years. The total amount for each project equals $37.5 million dollars. That ladies and gentlemen was the agreement. The TEE Center bonds have been issued. But the bonds for Laney-Walker/Bethlehem have not. Mr. Mayor, I have questions that are important to me and important to the city. Why was I singled out as a slumlord when 92% of the houses in Bethlehem have code violations? Why has the government used funding the Laney-Walker project as a tool to get votes for the TEE Center? Why are we coming up with new agreements for the TEE Center when we have not rescinded or amended the old laws? Which individuals worked with the media to fully discredit me? Do some individuals stand to benefit personally from the building of the TEE Center? Why would a TEE Center of approximately $72 million dollars be a top priority when our country is facing a deep recession and most cities are facing financial difficulty? Why are we partnering with a company whose partners have outstanding debt totaling $278 million dollars and an outstanding interest payment of $9.7 million dollars and facing bankruptcy? There are numerous questions that need to be answered. I urge you to cut the politics and vote to issue bonds to secure a loan for the historic Laney-Walker/Bethlehem communities. Early in my tenure as a Commissioner, Tom Grant of the Metro Spirit came to me in his very quiet voice whispered I toured Bethlehem and you’re correct. Something needs to be done. He requested the names of individuals who lived in the area. On Christmas Eve 2006 I picked up a Metro Spirit and read the article “Christmas in Bethlehem”. It went like this. Every Christmas my best friend’s daughter asked me to tell a story and every year I do. Our Christmas stories are never about snowmen, reindeer or holiday perse but about the spirit of Christmas itself. This Christmas season I shall tell her of a little district in Augusta called Bethlehem, of the hidden truths of this poor yet intrinsically rich neighborhood. And of how the people whose streets remain encapsulated in poverty, compartmentalized and cast aside as just the bad part of town find love and hope in spite of it. He ends by saying I say we save Bethlehem by adhering to the advice of Betty Beard and others. Let us not tear down the history of Augusta but preserve it by restoring it. Mr. Mayor: Five minutes is up and I apologize, Betty, but -- Ms. Beard: Thank you so much. Mr. Mayor: --- yes, ma’am, thank you. Okay, Madam Clerk, on to the consent agenda. The Clerk: Our consent agenda consists of items 1-33, items 1-33. For the benefit of any objectors to our planning petitions, once those petitions are read would you please signify your objections by raising your hand. I call your attention to: Item 1. Is for a special exception to establish a public parking area at property located on Heath Drive. 3 Item 2. Is a request for a Special Exception to establish a liquor store in a B-1 Zone on property located at 240 Davis Road. Item 3. Is a request for a change of zoning from a Zone R-1A (One-family Residential) and a Zone B-1 (Neighborhood Business) to a Zone B-2 (General Business) affecting property at 2332A New McDuffie Road. Item 4. Is for a request for a change of zoning from a Zone A (Agriculture) to a Zone B- 2 (General Business) affecting property located at 5131 Mike Padgett Highway. The Clerk: Are there any objectors to those Planning petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: I call your attention to our Public Services portion of the agenda. If there are any objectors to any of our alcohol petitions, would you please signify your objections by raising your hand. I call your attention to: Item 6. Is a request for a retail package Beer & Wine license to be used in connection with the East Boundary Food Mart located at 202 East Boundary Street. Item 7. Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with the White Elephant Cafe located at 1135 Broad Street. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Mr. Mayor, members of the Commission, our consent agenda consists of items 1-33. Mr. Mayor: Thank you, Madam Clerk. Do we have any additions to the consent agenda? Commissioner Hatney. Mr. Hatney: Mr. Mayor, could we add item 35? Mr. Mayor: Okay, do we have other additions to the consent agenda? Mr. Grantham: Forty. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Forty. Mr. Mayor: Any further additions to the consent agenda. ENGINEERING SERVICES 39. Motion to approve modification to the job description and education/experience requirements for the Traffic Engineer Manager position as requested by the Augusta 4 Engineering Administration-Traffic Engineering Division. (No recommendation from Engineering Services Committee June 8, 2009) The Clerk: Mr. Mayor, on our addendum agenda the Administrator and the Director of Engineering has requested that item #39 be deleted, which is on our consent agenda. No, it’s not on our consent agenda but they’re asking that item 39 be deleted. Mr. Grantham: You mean deleted and put it on consent? The Clerk: Sir? Mr. Grantham: You could delete it and put it on consent. The Clerk: Okay, to be deleted? Mr. Grantham: Yes. The Clerk: Okay. Mr. Holland: Mr. Mayor? Mr. Mayor: Commissioner Holland. Mr. Holland: Yes, sir, item #36 could be added to consent. Mr. Mayor: Okay. Do we have any further additions to the consent agenda? The Clerk: For the benefit of any objectors can item 35 that we’re placing on the consent agenda? I want to read it to see if we have any objectors. Mr. Mayor: Okay, please. The Clerk: Item 35 is a request by the Planning Commission to deny a petition for a Special Exception to establish a family daycare home at 3057 Collier Road. Are there any objectors to this denial? Mr. Russell: None noted, Madam Clerk. Mr. Mayor: Okay, if there are no further, yes, sir, Commissioner Hatney. Mr. Hatney: How about number 34? PLANNING 34. Z-09-24 – A request for concurrence with the Augusta Richmond County Planning Commission to deny a petition by Jimmy Ford on behalf of J.C. Callahan, requesting a Special Exception to establish a church per Section 26-1 (a) of the Comprehensive Zoning 5 Ordinance for Augusta-Richmond County affecting property containing .31 acres and is known as 1133 Hopkins Street. (Tax Map 046-4-385-00-0) DISTRICT 1 Mr. Mayor: I’m good with that. No, on 34? Okay. The Clerk: The Attorney needs to speak. Mr. Mayor: Madam Johnson. Ms. Johnson: Yes, sir, we need to continue to hold item #34 until the petitioner is present. It involves a federal constitution law issue so it should not be added to the consent agenda. Mr. Mayor: Okay. The Clerk: And Ms. Dorothy Lee, are you in the chamber, petitioner to item #35? Okay. Mr. Mayor: Commissioner Hatney. Mr. Hatney: That could be true but the reason I asked for it to be put on consent is that the person who was petitioning for it said to me there were no longer going on. It’s just too much stress with it. They couldn’t handle it no more. So they’re not going to be here. The Clerk: So we’ll reschedule this to the next meeting? Mr. Mayor: Okay. We’ll move 34 to the next meeting. Okay. Hearing no further additions to because there’s only one agenda item left are there any items to be pulled for discussion? Mr. Brigham: Mr. Mayor. Mr. Mayor: Commissioner Brigham. Mr. Brigham: I don’t particularly want to pull item #23 but I do want to make sure that the easements that were, that I was questioning about in between committee time were addressed as far as the Canal Authority having the ability to move across that property to get access to the canal if that easement is part of the deed or not or if somebody can speak to that I would appreciate it. Mr. Mayor: Mr. Russell. Mr. Russell: Yes, sir, Mr. Mayor. What we were going to ask is that we go ahead and move forward with this subject to the appropriate easements for the Canal Authority, Utilities and Engineering to make sure we have appropriate access for the canal and the utilities that we’ve got to look at and whatever. So prior to transfer we need to make sure that those 6 easements are agreed upon. So I’d like to add that to the motion subject to the approval of the easements. Mr. Brigham: If that’s part of the motion I don’t have a bit of a problem with it, Mr. Mayor. Mr. Mayor: Okay. Okay, if we have no further items to be discussed I’d look for a motion to approve the consent agenda. Mr. Hatney: So moved. Mr. Jackson: Second. CONSENT AGENDA PLANNING 1. Z-09-25 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Patrick J. Rice, Attorney, on behalf of Berckman LLC Residential Properties and FTD, LLC, requesting a Special Exception to establish a public parking area per Section 8-2 (b) and Section 17-2 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property described below: Tract A – Beginning a point where the northwest right-of-way line of Berckman Road intersects with the southwest right-of-way line of Cherry Lane and comprising 7 land parcels containing approximately 13 acres. (Tax Parcels 018-123-00-0, 018-0-112-0-0, 018-0-111-01-0, 018-0- 109-00-0, 018-0-105-00-0, 018-0-103-00-0 and 019-0-0-065-00-0) DISTRICT 7 Tract B – Beginning at a point located on the northwest right-of-way line of Heath Drive where Wicklow Drive becomes Heath Drive comprising a portion of 3 land parcels totally approximately 21 acres. (Tax Map 018-0-080-00-, 018-0-079-00-0 and Part of Tax Map 018- 0-068-01-0) DISTRICT 7 -09-27 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by J. Edward Enoch, on behalf of F.J. Bentley and Katherine H. Bentley, requesting a Special Exception to establish a liquor store in a B-1 Zone per Section 21-2 © of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 1.09 acres and is known as 240 Davis Road. (Tax Map 016-0-034-02-0) DISTRICT 7 3. Z-09-29 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions 1) That the use of this property be limited to a plumbing repair business or those uses allowed in its present zoning configuration; 2) that a landscape hedge be added along the north property line of parcel 083-0-098-04-0 and the dumpster be enclosed and 3) that the solid board fencing be completed along the rear yard of the main parcel, 083-0-098-03-0, up to approximately the southern end of the office building; a petition by David Avrett requesting a change of zoning from Zone R-1A (One-family Residential) and Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property described below: Tract A – Beginning at a point located on the southwest right-of-way line of New McDuffie Road, 230 feet, more or less, southwest of Wade Road containing .33 acres and is known as 2324 New McDuffie Road. (Tax Map 083-0-098-04-0 DISTRICT 5 Tract B – Beginning at a point located on the 7 southeast right-of-way line of New McDuffie Road, 380 feet, more or less, southwest of Wade Road containing .61 acres and is known as 2332A New McDuffie Road. (Tax Map 083-0-098-03-0) DISTRICT 5 4. Z-09-30 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Jonathan Youmans requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting property containing .78 acres and is to be utilized in conjunction with an adjacent convenience store located at 5131 Mike Padgett Highway. (Tax Map 354-0-008-13-0) DISTRICT 8 PUBLIC SERVICES 5. Motion to approve Campbell & Paris Change Order #1 – Airfield Signage. (Approved by Public Services Committee June 8, 2009) 6. Motion to approve New Application: A.N. 09-81: request by Miriam F. Rizvi for a retail package Beer & Wine license to be used in connection with A M 786, Inc. DBA East Boundary Food Mart located at 202 East Boundary St. District 1. Super District 9. (Approved by Public Services Committee June 8, 2009) 7. Motion to approve a New Ownership application: A.N. 09-82: request by Mark Detchemendy for an on premise consumption Liquor, Beer & Wine license to be used in connection with the White Elephant Café located at 1135 Broad St. District 1. Super District 9. (Approved by Public Services Committee June 8, 2009) 8. Motion to approve Amendment #2 to Cooperative Agreement FY 2009 with the CSRA Regional Development Center. (Approved by Public Services Committee June 8, 2009) 9. Motion to approve the request for an emergency purchase order for the replacement of the HVAC units at Augusta Public Transit’s Administrative Building on Fenwick Street. (Approved by Public Services Committee June 8, 2009) 10. Motion to approve the Sec. 5307 Augusta Public Transit grant application between the Federal Transit Administration (FTA), and Augusta, Georgia for the use of American Recovery & Reinvestment Act (ARRA) Funds. (Approved by Public Services Committee June 8, 2009) 11. Motion to approve the selection and contract of Deriso Consulting Group for the selection of the Airport Custodial Consultant. (Approved by Public Services Committee June 8, 2009) 12. Motion to approve property lease with the Federal Aviation Administration. (Approved by Public Services Committee June 8, 2009) 13. Motion to approve bid award to Thomson Roofing Company in the amount of $249,881.00 to replace hangar roof at Daniel Field. (Approved by Public Services Committee June 8, 2009) 14. Motion to approve the contract with Seabury Airline Planning Group, LLC as the airport Air Service Consultant Agency of choice. (Approved by Public Services Committee June 8, 2009) ADMINISTRATIVE SERVICES 15. Motion to approve a Resolution designating the SPLOST Dover-Lyman Streets and Drainage Infrastructure Project (Phase I) to a HOME Investment Partnership Program (HOME) Project to be administered by the Housing and Community Development (HCD) 8 Department to satisfy HOME Findings issued by the Office of the Inspector General. (Approved by Administrative Services Committee June 8, 2009) 16. Motion to approve implementation of the Employee Incentives Award Program (EIAP). (Approved by Administrative Services Committee June 8, 2009) 17. Motion to approve GMEBS DB Retirement Plan Amendment with immediate vesting for SES and extra 5 years of service credit for the individual that was RIF and allow future Commissions to make a decision concerning the five years of services for a RIF if necessary. (Approved by Administrative Services Committee May 11, 2009) (Approved by Commission May 19, 2009 – second reading) 18. Motion to approve the applications for a formula based grant from the Department of Energy under the AARA for $1,969,900. (Approved by Administrative Services Committee June 8, 2009) 19. Motion to approve the reprogramming of $878,108 in Community Development Block Grant (CDBG) and HOME Investment Partnerships Funds. (Approved by Administrative Services Committee April 29, 2009) 20. Motion to approve a Request for Proposals (RFP) for a consultant to provide services related to the Energy Efficiency and Conservation Block Grant program under AARA. (Approved by Administrative Services Committee June 8, 2009) 21. Motion to approve the United Way/Family Wize Prescription Drug Discount Card Program. (Approved by Administrative Services Committee June 8, 2009) FINANCE 22. Motion to approve the Wayne Evans Auction Company, Inc. of Columbus, Georgia as the auction service for the sale of excess/surplus government property at a public auction (RFQ #09-076). (Approved by Finance Committee June 8, 2009) 23. Motion to approve a request to transfer three parcels of land to the Land Bank Authority for the development of the Kroc Center. Properties are as follows: 1824 Pearl Avenue Map and Parcel No. 27 4 093, 114 Eve Street Map and Parcel No. 27 4 092, 1827 Pearl Avenue Map and Parcel No. 35 2 023. (Approved by Finance Committee June 8, 2009) ENGINEERING SERVICES 24. Motion to approve an Option for the purpose of acquiring a Right-of-Way between Sprint Food Stores, Inc., as owner, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvement Project, acre (1,710 sq. ft.) in fee from the property located at 3444 Mike Padgett Hwy., private, at a purchase price of $13,000.00. Also granted is one temporary construction easement. (Approved by Engineering Services Committee June 8, 2009) 25. Motion to approve Change Order #5 on the Augusta Judicial Center in the amount of $334,111 for unforeseen underground conditions on the site. The revised Contract GMP will be $47,404,841.00. (Approved by Engineering Services Committee June 8, 2009) 26. Motion to approve an Option for the purposes of acquiring a Right-of-Way between George Victor Raley, Michael Dean Raley, and Sally Harper Raley, as owners, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvement Project, (1,735 sq. ft.) in fee and (248 sq. ft.) of permanent construction and maintenance easement from property located at: 1625 Marvin Griffin Road, private, at the purchase 9 price of $1,500.00. Also granted is one temporary construction easement. (Approved by Engineering Services Committee June 8, 2009) 27. Motion to approve a claim for Rent Supplement for Ping Du, as Tenant, in connection with the Alexander Drive Project at 2503 Carriage Creek. Approved by Engineering for $38,850.00. (Approved by Engineering Services Committee June 8, 2009) 28. Motion to approve an Easement Deed from Tyco Healthcare Group L.P. (Approved by Engineering Services Committee June 8, 2009) PETITIONS AND COMMUNICATIONS 29. Motion to ratify the following ARC Legislative Delegation appointments: Lillie Hamilton and Mary F. Davis to ARC Library Board; Clyde Lester, Eugene Tanzymore and Kitty Cato to the Sheriff’s Merit Board; Ernest Smith to General Aviation Commission (Daniel Field); Kelly McKnight Board of Zoning Appeals; Trent Mercer, Augusta Port Authority and Hartley Gibbons ARC Small Business Advisory Board. 30. Motion to approve the minutes of the regular meeting of the Commission held on June 2, 2009. APPOINTMENTS 31. Motion to approve the appointment of Harry Moore to the Augusta Port Authority representing District 3. 32. Motion to approve the appointment of Crystal Eskola to the Canal Authority representing District 6. 33. Motion to approve the appointment of Mr. Richard Isdell to the Canal Authority due to the resignation of Jo Granberry representing District 7. PLANNING 35. Z-09-26 – A request for concurrence with the Augusta Richmond County Planning Commission to deny a petition by Dorothy Lowry Lee requesting a Special Exception to establish a family personal care home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .17 acres and known as 3057 Collier Road (Tax Map 084-3-122-00-0) DISTRICT 5 PUBLIC SAFETY 36. Motion to approve execution of a contract with KSGW Architects for architectural and engineering design consulting services associated with Renovations to the RCCI. PETITIONS AND COMMUNICATIONS 40. Motion to approve a request from Historic Augusta to apply for a 2009 Preserve America Community Landmark Heritage Tourism grant with the Historic Preservation Division of the Georgia Department of Natural Resources. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Hatney: I abstain on alcohol. 10 The Clerk: Yes, sir. Mr. Hatney abstains. Motion carries 9-1. [Items 6-7] Motion carries 10-0. [Items1-33, 35, 36, 40] Mr. Mayor: Okay, Madam Clerk, I believe we only have one agenda item. Okay, on to the regular agenda. The Clerk: FINANCE 37. Motion to approve an Agreement for Services Augusta Development Agenda. (No recommendation from Finance Committee June 8, 2009) Mr. Hatney: What does that mean? The Clerk: Sir? Mr. Hatney: What does that mean? Mr. Mayor: Mr. Russell, if you could, Commissioner Hatney has requested some clarification on what we’re looking for with this agenda item. Mr. Russell: What we’re looking for is the approval of the contract. Y’all authorized me several weeks ago to negotiate with Mr. Shields in reference to the master plan for the county. We’ve done that. That contract is in front of you today. We have a funding source that would pay for that through the --- Mr. Hatney: I remember. Thank you. Mr. Russell: Okay. Mr. Hatney: Move for adoption. Mr. Mayor: We have a motion to approve. Is there a second? Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Commissioner Brigham. Mr. Brigham: Mr. Mayor, I’d like to ask Mr. Russell a couple of questions. Are there excess SPLOST funds in anywhere that can be used for this instead of using capital funds? 11 Mr. Russell: We’ve identified the capital funds over a two-year period to pay for this. We have not looked at excess SPLOST funds to do that. If you’d like for us to do that we could come back with a recommendation. My concern was to go ahead and move this forward as the process is going. So if you could authorize the continuation of this I’d be more than happy to come back if there are SPLOST funds to do that if that would be your request. Mr. Brigham: I would think it would be more appropriate for this to come out of SPLOST funds that out of capital money as tight as capital funds are in this government to pay for a study that’s long range. I would much prefer to see our capital needs actually being met so that we can do the physical repairs that we need to do and not be paying for another study. That And I would make way I would prefer if there are excess SPLOST funds to pay for it that way. a substitute motion for the Administrator to be tasked to see if there are SPLOST funds to be available to pay for this and if so what phase and where are they. Mr. Russell: If I can ask you to add to that that we go ahead and sign the contract as that process is ongoing and let me deal with the funding and report back to you. That would help us expedite the matter. Mr. Brigham: I can include that also. I thought you were going to give us some additional sources of ways to pay for this outside of the government also and would bring us some information about that. I have not seen any of that either. Mr. Russell: We have not done very well at putting that together at the moment. But that is part of the process that we’re trying to do. What I attempted to do is find those funds that I knew were available to move the process forward. The other options are on the table. I’d be more than happy to bring that back to you to go forward. Mr. Brigham: I would prefer that we do it on the front end rather than the back end. Mr. Mayor: Okay, we have a substitute motion. Is there a second to the substitute motion? Mr. Grantham: Second. Mr. Mayor: Okay, we have a substitute motion and a second. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. Mr. Russell, my concern on this is while we have a SPLOST vote going on today you know we always talk about trying to minimize our citizen’s taxes. Yet every year we find a half million to a million dollars to fund projects that just appear out of the blue. And to take capital improvement funds when we know we have fire trucks that need to be replaced, police cars that need to be replaced and come up with a study for growth for our city, that’s a bitter pill for me to swallow. Mr. Mayor: Commissioner Grantham. 12 Mr. Grantham: Thank you, Mr. Mayor. I’m going to tag along with what Commissioner Brigham had to say. That was in regards to the initial motion that I made in regards to this project. That we include seeking outside sources such as businesses that are located in the south Augusta region and the rest of the county that has not been studied as to contributions to help us defray the cost in doing this. And if we can do that I don’t know if Mr. Russell plans to have a committee to do that or if he’s going to call on the chamber to try and work on some of these projects. But I would like to see us have a unified effort in doing that and that would show community support in what we’re seeking to do for the future. Mr. Mayor: Mr. Russell. Mr. Russell: What we’ve got planned, sir, is a work session, Lena --- th Mr. Mayor: June 25. th Mr. Russell: --- June 25, thank you to which we are going to bring in the consulting staff to consult and meet with you as a group and determine some more parameters for this and that was part of the discussion we were going to have at that point. So I think we’re on top of what you’re after. What I would like to do is we’ve got some contracts with Georgia Tech and various places that need to be moved forward on. So what I would suggest is Commissioner Brigham’s motion is totally appropriate if we move forward with the process as it is. You’ve already authorized some expenditure of dollars and after that date I would hopefully be able to give you a report on whether or not SPLOST dollars are available and the strategy to bring in private dollars to meet the remainder of the deed. Mr. Mayor: Okay, if there’s no further discussion we have a substitute motion and a second. Mr. Hatney: Could you read it back? Mr. Mayor: Madam Clerk, if you could read back the substitute motion. The Clerk: The substitute motion was to ask the Administrator to identify available SPLOST funds as well as the phase to authorize the execution of the contract. And that he continue efforts to secure private funding in the funding of this project. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Mr. Administrator, would that meet your needs? Mr. Russell: Yes, sir, it does and I think it accomplishes everything y’all are looking for too. Mr. Holland: Mr. Mayor? Mr. Mayor: Commissioner Holland. 13 Mr. Holland: Thank you. Do we need to put a time line on this? th Mr. Russell: Uh, I would be better prepared to do that after June 25 --- Mr. Mayor: After the work session? Mr. Russell: --- after the work session but I think that would be appropriate at that point. We could spend part of that time helping to develop the time line together. Mr. Holland: All right. Mr. Mayor: Okay. Okay, we have a substitute motion and a second. If there’s no further discussion Commissioner will vote by the substitute sign of voting. Mr. Bowles votes No. Motion carries 9-1. The Clerk: FINANCE 38. Motion to approve the issuance of bonds and/or bank loans that are essential to service the Laney Walker/Bethlehem revitalization initiative. (No recommendation from Finance Committee June 8, 2009) Mr. Mayor: Commissioner Hatney. Mr. Hatney: Mr. Mayor, may I ask the Administrator. In lieu of this particular item on the agenda of some weeks ago we tasked the Administrator with bringing back to us a viable plan and some other stuff. I am asking where are we with that at this juncture? Mr. Russell: We’ve been meeting, staff has been meeting and we’ve actually got a couple meetings scheduled for next week. I would anticipate having that plan back to you within the next, within the next, well we’ve got, we’ll be out on the town a little bit next week so if you give me three weeks I should have that full plan back to you. The Clerk: The meeting in July? Mr. Russell: The first --- th The Clerk: The meeting is on July 7. Mr. Russell: Ah, the, let me shoot for the first meeting in July, sir. Mr. Hatney: Okay, well, let me ask you another question. If by chance due to the fact that some of the activity has already begun in the Laney-Walker/Bethlehem area and they’ve 14 basically run out of funds would it be possible to ask you to move maybe a million dollars into that area until we come up with the funding and then reimburse you as we’ve done many times before? Mr. Russell: Let me ask a couple questions real quick. Mr. Hatney: Go ahead. Mr. Mayor: I feel like I need to tell some jokes or something here during intermission. Everybody’s so quiet. Mr. Holland: I know you can find a million, Fred. Mr. Russell: Given the nature of the revenue path that we have now the only opportunity at this point would be general fund reserve and I would be very, very, very hesitant to do that. What I might suggest is given the short time frame of what we’ve got to work with that you allow me to work with Mr. Wheeler and determine the minimum amount of dollars necessary to continue the process and come back to you in writing in the next day or two to get some approval on that. But at this point a million dollars would be more than I would think would be prudent at the moment. But I would be more than happy to work with Mr. Wheeler to make sure that we don’t lose the momentum that we’ve got. Mr. Hatney: So there’s no break in what’s going on? Mr. Russell: The momentum that we’ve got is very important to the process and it’s ongoing. I was in fact in a meeting yesterday that was very, very, very encouraging about things that are going to be happening in that community from outside dollars. So I think we need to make sure we continue that and I’m at a loss at the moment. If you’ll give me a little while to figure that out without an amount I think we can keep that momentum going. Mr. Hatney: Could we just put that in the form of a motion that you continue with Mr. Wheeler that you’ll all work that out? Mr. Russell: Uh --- Mr. Hatney: I mean the two of you know more about it than we would. Mr. Russell: Yes, sir. Mr. Hatney: We’re not putting any amount on you. We just want to make sure the work continues. Mr. Russell: So what we’re attempting to do is maintain the momentum that we have --- Mr. Hatney: Yes, sir. 15 Mr. Russell: Yes sir. I’m not uncomfortable with that. Mr. Hatney: Okay. Mr. Mayor: Are you putting that in the form of a motion? Mr. Hatney: Yes, sir. Mr. Mayor: Okay, we have a motion. Is there a second? Mr. Holland: Second. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Mr. Mayor, is that a separate motion to the motion that’s on the floor? I mean to the agenda item. Is it a separate motion? The Clerk: No, that’s just the motion. Mr. Grantham: Pardon? The Clerk: That’s the motion. Mr. Grantham: That’s the motion to replace --- The Clerk: Yes, sir. Mr. Mayor: Yes. Mr. Grantham: --- number thirty-eight. The Clerk: To authorize the Administrator. Mr. Mayor: Okay. Ms. Beard? Ms. Beard: Mr. Mayor, I would simply like to say I do hope even if it’s more than a million we know we’re due those funds. And it is very important that we continue this project and do what is necessary. It is really unreal that we’re at this point at this particular time. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. Mr. Russell, I have two questions for you. When this, back from the 8-21-07 minutes you were asked a question by then Commissioner, Mr. Harper so the money is earmarked solely for the inner city. You’re response was that the way I have termed it all along is historic neighborhoods which in mind begins in inner city neighborhoods. We’ve got six historic neighborhoods in the city and I’ve had calls from Sand 16 Hills and from Harrisburg. Residents are asking how this has gone from historic neighborhoods to Laney-Walker/Bethlehem. The second question is that part of what you said would be to recommend this as part of an agreement with Riverfront, LLC and that be done in coordination with the bonding documents so that it’s all one package. So that it’s not a bait and switch. Could you respond to me one, how we got to from historic neighborhoods to one neighborhood and how we got from a signed document with Riverfront, LLC to no signed document and still issuing the bonds? Mr. Russell: Yes, sir, I’d be happy to. I think when we began that discussion we all realized the fact that because of the wide breadth of our historic neighborhoods that even with the amount of money that we dedicated to spread that among those six neighborhoods would be somewhat piecemeal and not as effective as starting in one neighborhood and building that neighborhood up through the planning process and through the development process. That’s a fairly recognized issue that we have out there and what you do is you go in and start fixing and you move out from the center there basically. To do something sporadically or to move something outside of that you don’t have the impact that you’re looking for. And I think that that was the purpose of that and the purpose of the beginning in Laney-Walker as it has the impact that we need to continue to move forward. We never shut the door on any of those other neighborhoods but I think the planning process would support the fact that you concentrate in a specific area and move forward. In addition to that what we ended up doing was we had the initial agreement with Riverfront on the term sheet that was available. We’ve been asked to refine that and that will be brought back to you hopefully within the next three weeks as we’ve done that. But we do have the initial term sheet with Riverfront that was agreed to and that we had to modify that. Obviously as we continue to move forward the environment changes and that’s something that we try to deal with as we continue to do this. Sometimes it’s a moving target sometimes it’s a very quickly moving target. But at this point I think we are moving in the direction. The initial concept not moving as fast as I would like on either project but we are moving and I think that’s where we’re going at the moment. And hopefully that responds to your question, sir. Mr. Bowles: Thank you. Mr. Mayor: Commissioner Beard. Ms. Beard: Mr. Mayor, it has been documented that Bethlehem has more deteriorated projects, properties than any other city, I mean than any other district in Augusta. And I would like to bring to everyone’s attention the Metro Courier which stated 90% of the properties in the Bethlehem district would not meet our code. And I would also like for you to look at the Augusta Chronicle. The plan would revamp blighted inner city. And in this article it states you have 32% of the properties that don’t meet the code of our city. That is the reason and rationale for what we’re trying to do. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Mayor, I’ve got a couple of questions. One, are we authorizing 17 money and if so how much and where from is my first question and what for is associated with that question. Mr. Russell: If I may, Mr. Mayor. Mr. Mayor: Mr. Russell. Mr. Russell: At this point I don’t think we’ve actually established an amount that we’ve authorized. What I’ve asked to do is give me a couple of days to come back with a plan that we would be able to do that. I think our major concern as we continue that momentum that we’ve established there are some funds that have been available that you authorized several months ago as pay as you go money on the collections there. When you take a look at that I’d be afraid to speak to those specific numbers off the top of my head without, well I’d be afraid to do that. But what I’ve asked for is I think the feeling that I’m getting from, here we go. The feeling that I’m getting is that we do have some momentum there. We are looking for a long-term solution that I should be able to give you in a couple weeks. What we don’t want to do is lose the momentum that we have now. And because of my hesitancy to be able to give you a number and a specific project I was asking for a couple days to be able to put that together for you, sir. Mr. Brigham: Mr. Mayor, I didn’t hear what the money was for. And I hate voting on things I don’t know what it’s for. If I’m just going to authorize money I’d like to know why I’m authorizing money and even if I assume that’s going to be part of the plan that we wanted to tell us why we’re spending the money. Mr. Russell: I can do that now if you’d like and I apologize for not --- Mr. Brigham: --- share with that information it might be most helpful. Mr. Russell: I apologize for that because you’re right I did not answer that part of the question very well. What we have been doing over the past several months is identifying the areas within that community that we think would be most advantageously developed. We’ve been able to put together some property. We’ve been able to look we’ve got a consultant that’s come in and that’s where we’re getting the numbers on the amounts of dollars that and the houses and the numbers there that are under code and whatever. In addition to the fact we’ve been able to use some of those dollars for leverage able dollars with other outside individuals or developers that have looked forward with that. We’ve actually got houses that people or at least a house or houses that you were invited a couple weeks ago to cut the ribbon on and forward on there. In addition and this is an aside we met with a developer yesterday that has money in the bank that’s willing to do the kinds of things that we have that’s not contingent on a loan or something like that. And those are the kinds of things that we’re trying to place into the program. So it’s mainly still planning but there’s more development coming fairly quickly and what we’re attempting to do as we look at the multi-faceted approach is to figure out a way to continue that momentum to come back with the bonding plans and come back with the actual plans for the process itself. So that’s where we’re at, at the moment and I’d be more than happy to share with you some of the documents that have been created. And I thought we had actually done that and I apologize if we hadn’t. 18 Mr. Brigham: Mr. Mayor, I’ve got one other question I’d like to ask. Mr. Mayor: Okay. Mr. Brigham: Ms. Johnson, can we issue bonds without having a, is there any kind of bond that we can issue that is not a general obligation bond? Ms. Johnson: There are several types of bonds. Mr. Brigham: I meant for this project. Ms. Johnson: No. Mr. Brigham: And we have an election authorizing a general obligation bond? Ms. Johnson: I would have to review the minutes but presumably since the issue was approved earlier by the Commission, yes, there is that authority to do so regarding the project. Mr. Brigham: I think we’d have to have an election by the voters to approve general obligation bonds, which has not taken place. Ms. Johnson: And again I would have to review the minutes on this particular topic because it predates my tenure here. I don’t know if --- Mr. Brigham: The only bonds that were authorized the issue was in SPLOST and that was for the TEE Center. And that was a vote by the general public to authorize those bonds. Ms. Johnson: Yes, that is how you execute SPLOST projects. Mr. Brigham: Okay, that’s all the bonds that I know that have been authorized by the public. Mr. Mayor: Okay, Commissioner Mason, then Commissioner Grantham. Mr. Mason: Thank you, Mr. Mayor. I just want to add to this conversation, which may st help clear up Mr. Bowles’ question in reference to the language that was put in on August 21 of 2007. And of course there are some six or more historic districts. But in February 2008 this Commission changed the language and we became more specific on what districts we were talking about. And so if we go back into the minutes we’ll see in February 2008 that that was changed and those six districts that we initially were talking about were not a part of the February 2008 minutes. Mr. Mayor: Thank you. Commissioner Grantham. 19 Mr. Grantham: Thank you, Mr. Mayor. I acknowledge that this is a very important project in an area that certainly needs attention as I helped give it that attention several years ago. However I think that we are asking our Administrator to present to us in our first meeting in July issues that are involving another project that’s just as important. And I felt like that these two projects were somewhat related back when they were initially involved. And so I would like to see us delay action on this particular issue until we have the recommendation from our Administrator in our first meeting in July and take both of these subject matters up at the same time. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Basically that’s what we’re really trying to do with this particular request of the Administrator because of the fact that there’s been if I’m not mistaken more than $600,000.00 already spent towards this initiative. And rather than have it to be shut down until his recommendation comes back that’s why we simply asked him to work with Mr. Wheeler. It was his request to do what is necessary to continue the process until he brings all that information back. So that’s why the motion was made the way it was. Mr. Mayor: And the motion is not authorizing any new monies at this point. Correct? Mr. Hatney: No. Mr. Mayor: Okay. Okay, we have a motion and a second. Mr. Brigham: Can we get the motion restated so we can all --- Mr. Mayor: We can. Madam Clerk, if you. The Clerk: The motion was to authorize the Administrator to continue work with the HCD Director to keep the momentum going with the Laney-Walker/Bethlehem revitalization initiative and that he prepare cost estimate within the next couple of days to be forward to the Commission. Mr. Mayor: Okay we have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Grantham votes No. Motion carries 9-1. Mr. Mayor: And, Madam, if I’m not incorrect that ends our regular meeting agenda. The Clerk: You’re correct. Mr. Mayor: I thought I was correct. I’m right every once in a while. Ms. Johnson. 20 Ms. Johnson: Yes, sir, we need a Legal session today regarding some exigent real estate matters and pending and potential litigation. Mr. Hatney: Speak in the mike, I can’t hear you. Ms. Johnson: We need a Legal session today regarding some exigent real estate matters and pending and potential litigation. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 42. Motion to go into a Legal Meeting. Mr. Mayor: Can I get a motion to go into Legal session for those issues? Mr. Mason: So moved. Mr. Hatney: Second. Mr. Hatney: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Holland: We get to home and see the rest of the soap operas. Mr. Jackson votes No. Motion carries 9-1. Mr. Mayor: We are in Legal. [LEGAL MEETING] Mr. Mayor: Madam Chiquita, are you ready? Ms. Johnson: We have a motion to add and approve. Mr. Mayor: Okay, I’ll go ahead and call the meeting back to order. Ms. Johnson, I believe we have a motion to add and approve. Ms. Johnson: We do, sir. ADDENDUM 41. Motion to add and approve a real property purchase and sale agreement between Edward J. Coleman, III, Trustee for Chapter 7 Estate of Commercial and Military 21 Systems, Augusta Richmond County and the Richmond County Board of Education for property at 2950 Mike Padgett Highway with a sales amount of $3.3 million with the Mayor and Clerk to execute the contract and closing documents and to seek a waiver of interest and penalties accrued by CMS, not past due taxes, and to allow CMS to pay taxes only on other lands at the time it sells the other parcels. Mr. Mayor: Can I get a motion to that effect? Mr. Hatney: So moved. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Ms. Beard and Mr. Bowles out. Motion carries 8-0. 43. 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. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Ms. Beard and Mr. Bowles out. Motion carries 8-0. Mr. Mayor: With no other business to come before the body we stand adjourned. Good meeting y’all. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on June 16, 2009. ____________________________________ Clerk of Commission 22 23