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HomeMy WebLinkAboutCommission Meeting May 5, 2009 REGULAR MEETING COMMISSION CHAMBER MAY 5, 2009 Augusta Richmond County Commission convened at 2:00 p.m., May 5, 2009, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Mason, Grantham, Hatney, Beard, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. The invocation was given by the Reverend Wilfred G. Hunt, Associate Pastor, Burns United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Reverend Hunt, I just want to thank you. I know that you requested no official recognition today. You’ve done this before but thank you for your wonderful prayer to start this meeting. Thank you, sir. (APPLAUSE) Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I’d like to take this time to ask for a point of personal privilege. I’d like to ask to show my appreciation for one of the members of our staff here to actually award them for what they did doing a neighborhood cleanup here about two weeks ago. Mr. Mayor: Okay. th Mr. Johnson: Okay actually on the 18 of April we had a community cleanup here on District 2 which was the first annual cleanup here which encompasses Turpin Hill 1 & 2, South Nellieville and also Bethlehem community. And, of course, I could not have done it all without a very important person here and she is fortunate to be with us here today. And she is with our License and Inspection Code Enforcement Department, Ms. Diane Clark. Could you please come up, please? The Clerk: From the Office of the Augusta Commission. This Certificate of Appreciation given to Dianna Clark of our License and Inspections Department. On behalf of the citizenry of District 2 I extend to you our sincere appreciations for the significant contributions and the pivotal role you played in the organization of the community cleanup held th on Saturday April 18 2009. (APPLAUSE) Mr. Johnson: Mr. Mayor, we also had a few other entities that was involved, of course, Chester Wheeler with our Community Housing and Urban Development. They were involved as well. And also we had the Cub Scouts from Good Hope Baptist Church, which came out and several other people you know on the staff that came out and helped made this possible. Actually we had over 300 people participate and they picked up almost every bottle out there. So I would like to say thank you, we do have some great people on staff and thanks for everything you did, Diane, because without you I wouldn’t have handled it. (APPLAUSE) 1 Mr. Mayor: It is wonderful to see people that are willing to volunteer to help clean up this community on a regular basis. That’s awesome, Corey. Okay, let’s go on to the delegations and let them get seated. DELEGATIONS B. Ms. Shannon Carter-Dunlop: RE: City’s sponsorship of Devin Carter to attend the Junior National Young Leaders Conference, Washington, DC. Mr. Mayor: And if you could keep it to 5 minutes, please, ma’am. Ms. Dunlop: It won’t take that long. Mr. Mayor: Okay. Ms. Dunlop: Thank you. Greetings Mayor, Commissioners and others. I am here to talk about an overwhelming opportunity offered to my son, Devin Carter, an outstanding young man who has proven and continues to prove daily how dedicated he is at becoming and overachiever both academically and spiritually. My son has been in the gifted program for the past several years and remains an “A” honor roll student. He has recently been awarded a medal at the Science Bowl held at Fort Discovery in which 14 schools participated. He has been accepted into A.R. Johnson for the upcoming school year. My son is a motivated student who loves school and because of his continued dedication to being an overachiever he has, he was nominated and was chosen to represent the State of Georgia at the Junior National Young Leaders Conference to be held this summer 2009 in Washington, DC. This is a once in a lifetime opportunity and I feel strongly because of my child’s countless efforts in leadership potential that he should be given the opportunity to lead the congressional party and possibly the President of the United States. I’m a single parent who has beat the streets to make this once in a lifetime opportunity come true for my son. I have done several fundraisers and went around town and asked for donations. That is the reason why I am here today to ask you all to dig deep into your hears and souls and offer some type of donation to help me send this deserving young man to Washington, DC to represent his school, our community and the State of Georgia. This will not only reflect our community but will reflect on all of us in that everyone can see that we can come together to promote the academic excellence of Augusta Georgia Richmond County. I thank you for your time and hope that you take what I said into consideration when you make your decision. Thank you. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I definitely applaud you and your efforts with your son and I definitely this is something that I advocate you know because we have to start teaching our young people. And I’m going to donate $100.00 of my own money to you to help out with this and I challenge my colleagues to do what they can as well. Thank you. Mr. Mayor: I’ll be happy to make a personal donation as well. Commissioner Holland. 2 Mr. Holland: Thank you, Mr. Mayor. And I’m very happy to see you here today, Ms. Dunlop. She and I talked on the telephone and I’m glad she was able to come and make this presentation today. Being one that has worked in the academic world for some time it’s always nice to see young men and young ladies leave here and go and represent us throughout the State of Georgia. And it’s very nice also to see our young men here excel in the athletic world. But when we extend, athletic world and of course academics because they have to excel in academics in order to stay with the basketball team. And when we get a young man in the position that this young man is in I’m hoping that somewhere down the line our Administrator can maybe look in that general fund and maybe find something, some funds to share with her to help this young man leave and represent Augusta in a very, very professional way. I know sometimes we say we don’t want to set a precedent. Sometimes you have to overrule those precedents in order to help some of the people and some of the things that we’re doing here in Augusta. So I too will commit to a $100.00 donation to you and hopefully that my other colleagues will do the same thing and hope that the Administrator will be able to find something to assist you. And I want to say congratulations to you and congratulations to your son and I’m praying and hoping that he is keeping his pants up. Ms. Dunlop: And one more thing, I’m sorry. He is 11 years old and I meant to tell th everybody that and he’s in the 6 grade. Mr. Mayor: Where does he go to school again? Ms. Dunlop: Langford Middle School. Mr. Mayor: Okay. Mr. Holland: Very good. Mr. Mayor: Mr. Mayor Pro Tem. Mr. Mason: Yes, thanks, Mr. Mayor. And I’d just like to say to you that as a government official we’re certainly very grateful that you’ve taken the liberty and certainly the due diligence to ensure that your child is educated. And so for that we’re very, very grateful. I will also match my counterparts here with a $100.00 donation. Now I did not hear you ask specifically for anything in particular so it would be awfully difficult. I heard Coach Holland say perhaps the City Administrator could look into something but unless you talk specific numbers that would probably be a little bit better. But certainly I’m here to let you know that I will match my colleagues at $100.00 for your son to make that trip as well. Ms. Dunlop: Well, so far I’ve raised $1,500.00 on my own and we’re looking for another $1,000.00. So between fundraisers, bake sales and everything so far I’ve raised fifteen on my own, $1,500.00 on my own. Mr. Mayor: I would say and if you’ll stop by and see Natasha afterwards we can, I don’t want to, I think we can get there for you, taking up a little collection. But, thank you, ma’am. 3 Ms. Dunlop: Thank you. RECOGNITIONS Augusta State University A. Congratulations! Augusta State Men’s Basketball Team for achieving a spot at the Final Four of the 2009 Division II NCAA Championship in Springfield, Massachusetts. Mr. Mayor: Okay, now on to the recognition of our basketball team. And I’d like to call on John Hart to come forward. All righty I’m going to share the wording with everybody. I really wanted to say to you guys I mean to make it to the championship last year and the final four this year that sustains excellence to me. So even before I read this I want a round of applause. I think they deserve it. (APPLAUSE) Mr. Mayor: Certificate of Recognition. Augusta State University Jaguar Basketball Team 2009 National Semifinalists, Division II National Championship. For you outstanding athletic achievement and excellent sportsmanship displayed during the 2008/2009 basketball season by posting a 30/5 record the best in school history as well as a 16-game winning streak, the second longest in school history, the City of Augusta congratulates you for participating in th clinching a spot in the Elite-8 Springfield Massachusetts. Given under my hand this 5 Day of May 2009. Another round of applause and I’ll turn it over to John Hart. (APPLAUSE) Mr. Hart: Mr. Mayor, Commissioners, thank you for having me here. It’s an honor to be here and an honor to introduce these young men for everything they’ve accomplished this year. As you can see we have quite a few empty seats because it is exam time at Augusta State and the books come first so a lot of the guys are taking exams. But we are going to recognize everyone. As I call your name please come to the front and be recognized. Not able to be with us here today is a Junior Guard Daniel Dickson. Junior Guard Ben Magden. Here with us today Senior Guard Steve Smith. Please come forward. (APPLAUSE) Freshman Guard Tye Beal. (APPLAUSE) Freshman Forward Travis Keels. (APPLAUSE) Not able to be with us today Sophomore Forward Howard Brown, Sophomore Guard Tom Wright and Senior Guard Jason Killeen uh, Senior Center Jason Killeen and Senior Center Garrett Siler. With us today Sophomore Guard Forward Caleb Brown (APPLAUSE). Also taking an exam today Sophomore Guard Daniel Browning and Junior Guard Forward Fred Braithwaite. We do have with us Freshman Forward Sadonas Davis (APPLAUSE) and Junior Forward Greg Hier. (APPLAUSE) We also have with us is the man who helped orchestrate this entire organization that’s made it to the final four each of the last two years Head Coach Dip Metress. (APPLAUSE) We also have his right hand men Robbie McKinley (APPLAUSE) and finishing up his final season as an assistant Lenny Carlson. (APPLAUSE) Not able to be here today Senior Manager Brandon Jones. Oh he is here, all right. I didn’t see you there Brandon, come on up. (APPLAUSE) And Manager Christian Batista. Congratulations guys. (APPLAUSE) Mr. Mayor: All righty, Madam Clerk, I guess we’re ready to get on to the consent agenda. 4 The Clerk: Yes, sir. Our consent agenda consists of items 1-27, items 1-27. For the benefit of any objectors to our alcohol petitions when the petitions are read would you please signify your objections by raising your hand. Item 3. Is for a request for an on premise consumption Liquor, Beer & Wine license to be used in connection with the Kobe Steak House located at 2801 Washington Rd. The Clerk: Are there any objectors to that alcohol petition? Mr. Russell: None noted, Madam Clerk. The Clerk: Consent agenda items 1-27. ADMINISTRATIVE SERVICES 11. 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) DELETION FROM THE AGENDA: Item 11. (Requested by the Housing and Community Development Department – to be rescheduled for the June 16 Commission meeting) The Clerk: And we have a request by the HND Department to delete item 11 so that they can hold the necessary public hearing, and get public comment on that particular reprogramming. Mr. Mayor: Okay, thank you, ma’am. Do we have any items to be added to the consent agenda? Commissioner Brigham. Mr. Brigham: Mr. Mayor, the applicant on item #28 from what I understand is out of town due to family illness. But the applicant already has a Beer & Wine license and is asking to add an alcohol license. Unless one of my Commissioners have a problem I’m going to add that to the consent agenda. Mr. Mayor: Okay. Mr. Brigham: If they have a problem I’m going to refer it back to Committee. Mr. Holland: It’s all right. Mr. Mayor: Okay. Do we have any further additions to the consent agenda? Ms. Beard: Mr. Mayor? Mr. Mayor: Ms. Beard. 5 Ms. Beard: I’d like to add item 40 and possibly 39 if there isn’t a conflict. The Clerk: Forty, Ms. Beard, and --- Mr. Grantham: Thirty-nine. Ms. Beard: Thirty-nine. APPOINTMENTS 39. Consider the recommendations for appointment to the Community Service Board. The Clerk: On 39 you’ve got to select --- Mr. Mayor: Are they all being reappointed? The Clerk: We have four positions on item, for the Community Service Board. Mr. Ralph Herndon he’s, that’s an open seat. He is a Columbia County resident so he’s not eligible for reappointment. Charlene Andress is available for reappointment. Mr. Neal McQueen has indicated that he is not wanting to be reappointed and Ms. Stella Nunnally. So what we have here is technically three seats with Ms. Nunnally would be the fourth. So we need to select from the list that was submitted to that communication from the Community Service Board for those three appointments. Mr. Mayor: So we will need to vote on those. I guess they would not go through the consent. The Clerk: No, sir. However, item #40 could if you just wanted to do that one but if you wanted to take them all up at the same time. Ms. Beard: Well, Ms. Nunnally is here and she did specifically make this request. The Clerk: Forty could but --- Mr. Mayor: Okay. Ms. Beard: If she could I would appreciate it. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Is there anybody here from the Behavioral Health Board? I think we should take the recommendation from the board and go through the recommendations that they had on people to appoint rather than --- Mr. Mayor: Okay, obviously we have some things to discuss on this so I don’t believe it can go on the consent. Commissioner Brigham, did you? 6 Mr. Brigham: Yes, sir, on item 38 just do we have a recommendation from the Richmond County Health Authority to reappoint Dr. Cooke who is a member of the Board of Health. And that is their choice and I would make a recommendation that we add that to the consent agenda also. Mr. Mayor: Okay. Mr. Grantham: Mr. Mayor? Mr. Mayor: Commissioner Grantham. Mr. Grantham: Mr. Mayor, since we approved the election, the special election on June th 16 for our SPLOST voting I think the cost is $85,000 approximate. And that being the case I recommend we put that on the consent agenda. Mr. Bowles: Just have me as voting no on that one. Mr. Mayor: Okay, Commissioner Bowles. Okay, do we have any further additions to the consent agenda? Fred, do you just have the pen up or. You have your hand up. Mr. Russell: Actually I have one that I’d like to delete, sir, or move back to Committee. Mr. Mayor: Okay. ENGINEERING SERVICES 21. Motion to advise the Augusta Commission of the possible need to notify certain users of the Augusta Canal to curtail water usage due to ongoing drought. (Approved by Engineering Services Committee April 29, 2009. Mr. Russell: Item 21 we’d like some further discussion on that over the next week or so. I’d like to refer that back to Engineering Services. The Clerk: Twenty-one? Mr. Russell: Twenty-one. Mr. Mayor: Refer it back to Engineering Services. Okay, any further additions to the consent agenda? Mr. Smith: Mr. Mayor? Mr. Mayor: Commissioner Smith. Mr. Smith: I’d like to put #35 on there. The Clerk: Thirty-five, you said, Mr. Smith? 7 Mr. Mayor: Okay, do we have any further additions to the consent agenda? Okay, do we have any items to be pulled for discussion? Mr. Holland: I have one, Mr. Mayor. Mr. Mayor: Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. I’d like to pull item #9 for clarification on that. Mr. Mayor: Okay, do we have any further items to be pulled for discussion? Commissioner Mason, did you have your hand up? Mr. Mason: No. Mr. Mayor: Okay. If we have no further items I’d seek a motion to approve the consent agenda. We did not have unanimous consent on item 40. Mr. Grantham: That’s good. Mr. Mayor: Okay. No, because we have to vote on them. The Clerk: So we didn’t have unanimous consent to add item 40 to the consent agenda. We have an objector? Mr. Mason: We did for forty. The Clerk: We did? Who objected? Mr. Bowles: I objected to forty. The Clerk: Mr. Bowles --- Mr. Mayor: Mr. Bowles objected to forty. The Clerk: --- objected to forty. Okay. Mr. Mayor: Okay. The Clerk: And item 38 there was an objector? Mr. Mayor: No, there was no objectors on 38. So I’ve got --- The Clerk: So the consent agenda consists of items 1-27 with the addition of item 28 the alcohol petition. And for the benefit of any objectors item 28 is for an on premise Liquor license 8 to be used in connection with the Karaoke located at 1855 Gordon Highway. Are there any objectors to that alcohol petition? Mr. Mayor: Okay, just for clarification Commissioner Bowles you consented to, you had granted unanimous consent to move 30 to the consent agenda. You wanted to record a No vote on that on the consent agenda? Mr. Grantham: It can’t be consented if he’s going to No vote. The Clerk: Let me ask. He voted to add it to the consent but when we do the vote he’s going to vote no on it. Mr. Mayor: Exactly. The Clerk: We have unanimous consent for that. Mr. Mayor: Okay, so adding #30 with the items on the screen added to the consent agenda. Can I get a motion to approve the consent agenda? Mr. Hatney: So moved. Mr. Mayor: Do I have a second? Mr. Johnson: Second. CONSENT AGENDA PUBLIC SERVICES 1. Motion to approve the recommendation of the Aviation Advertising Agency as presented by the Committee selected to review the proposers. (Approved by Public Services Committee April 29, 2009) 2. Motion to approve the recommendation of the Air Service Consultant Agency, Seabury Airline Planning Group, LLC, as presented by the Committee selected to review the proposers. (Approved by Public Services Committee April 29, 2009) 3. Motion to approve New Application: A.N. 09-78: request by Yang Rong for an on premise consumption Liquor, Beer & Wine license to be used in connection with Kobe Steak House, Inc. located at 2801 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee April 29, 2009) 4. Motion to approve the contract between Augusta Regional Airport and Defense Energy Support Center (DESC). This contract will begin April 1, 2009 and end March 31, 2013. (Approved by Public Services Committee April 29, 2009) 5. Motion to approve a lease of city property to Georgia Department of Natural Resources associated with the Go Fish Georgia Tournament Boat Ramp grant and project. (Approved by Public Services Committee April 29, 2009) 6. Motion to award RFQ bid item #09-086A, Photography Services, to Future Stars Photography. (Approved by Public Services Committee April 29, 2009) 9 ADMINISTRATIVE SERVICES 7. Motion to approve 09-114 Special Services Contract with Consolidated Mailing Services, LLC. (Approved by Administrative Services Committee April 29, 2009) 8. Motion to approve a Resolution for Support of Vantage Development, LLC’s Application for Tax Credits to the State’s Department of Community Affairs for the Crest at Edinburgh Housing Project. (Approved by Administrative Services Committee April 29, 2009) 10. Motion to approve the attached Proposed Homelessness Prevention and Rapid Re- Housing Projects and on behalf of the City, authorize the Housing and Community Development (HCD) Department to amend the City’s 2008 Action Plan and submit an application for $927,319 in Homelessness Prevention and Rapid RE-Housing Program (HPRP) Funds to HUD. (Approved by Administrative Services Committee April 29, 2009) 11. 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) PUBLIC SAFETY 12. Motion to approve Addendum to CivicPlus Contract. (Approved by Public Safety Committee April 29, 2009) ENGINEERING SERVICES 13. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Dunn & Vaiden, Inc., as owner, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvement Project, (N/A sq. ft.) in fee and (67 sq. ft.) of permanent construction and maintenance easement, and (601 sq. ft.) of temporary construction easement from the property located at 1803 Marvin Griffin Road, private, at the purchase price of $66.00. (Approved by Engineering Services Committee April 29, 2009) 14. Motion to approve an Option for Right-of-Way between Yonghua Du & Jiakun Jin, as owners, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, for 0.111 acre (4,820.80 sq. ft) in fee and N/A permanent construction & maintenance easement for the property located at 2503 Carriage Creek for a purchase price of $26,000.00. (Approved by Engineering Services Committee April 29, 2009) 15. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Applied Industrial Technologies-Dixie, Inc., as owner, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvement Project, (1,024 sq. ft.) in fee and (1,873 sq. ft.) of permanent construction and maintenance easement from property located at 1719 Marvin Griffin Road, private, at the purchase price of $900.00. Also granted is one temporary driveway easement. (Approved by Engineering Services Committee April 29, 2009) 16. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Marcia F. Brinkman, Mollie A. Brinkman, Melissa B. Fountain, Jeff Taylor, Patricia Ann Taylor, Thomas J. Taylor, Jr., Dorothy Taylor, as Trustee, Jennifer T. Hammett, Greg Brinkman, Patricia Ann Taylor, as Trustee, as owner(s), and Augusta, Georgia, as optionee, in connection with the Willis Foreman Road Bridge Project, (8,372 sq. ft. ) in fee and (N/A sq. ft.) of permanent drainage, utility and maintenance easement from property located at 4514 Windsor Spring Road, private, at the purchase price of $1,084.00. Also 10 granted is one temporary construction easement. (Approved by Engineering Services Committee April 29, 2009) 17. Motion to authorize Augusta Utilities Department to submit an application to the Georgia Environmental Facilities Authority (GEFA) for the Main Interceptor – Phase 1 Project under the American Recovery and Reinvestment Act of 2009 (ARRA) appropriated by Congress. (Approved by Engineering Services Committee April 29, 2009) 18. Motion to approve a contract with Blair Construction Inc. for services associated with construction of the Horsepen Phase 2-A Project in the amount of $1,297,718.53. Bid item #09-090 (Approved by Engineering Services Committee April 29, 2009) 19. Motion to approve the awa4rd of the contract, in the amount of $41,790.00, to replace the fill on the Municipal Building Cooling Tower to sole responsive bidder, Trane U.S., Inc. (Approved by Engineering Services Committee April 29, 2009) 20. Motion to approve and accept Procter & Gamble Option and Easement Deed for the Butler Creek Interceptor Improvements East Project. (Approved by Engineering Services Committee April 29, 2009) 21. Motion to advise the Augusta Commission of the possible need to notify certain users of the Augusta Canal to curtail water usage due to ongoing drought. (Approved by Engineering Services Committee April 29, 2009) 22. Motion to approve an ordinance to amend Augusta-Richmond County, Ga. Code, Section 5-2-45 to clarify multi-family dwelling water and sewer rates; to repeal all ordinances and parts of ordinances in conflict herewith; and for other purposes. (Approved by Commission April 21, 2009 – second reading) 23. Motion to award Design Consultant Services Agreement to Cranston Engineering Group, P.C. in the amount of $136,611 and approve CPB 322-041110-207822001 on the Rock Creek/Warren Lake Restoration Project to be funded from the project engineering account for the Engineering Department. (Approved by Engineering Services Committee April 29, 2009) 24. Motion to authorize award of bids for the roof replacement for the Cushman Building at 2822 Central Ave to the lowest responsive bidder, Young’s Roofing and Painting, Inc., in the amount of $180,384.00. (Approved by Engineering Services Committee April 29, 2009) 25. Motion to approve Street Lighting Resolution Creating Street Lighting District. (Approved by Engineering Services Committee April 29, 2009) 26. Motion to approve an Ordinance to amend Augusta-Richmond County, Ga. Code, Sections 5-2-45(b) to clarify and amend the monthly residential sewer rates; to repeal all ordinances and parts of ordinances in conflict herewith; to provide an effective date; and for other purposes. (Approved by the Commission April 21, 2009) PETITIONS AND COMMUNICATIONS 27. Motion to approve the minutes of the regular meeting of the Commission held on April 21, 2009) PUBLIC SERVICES 28. New Application: A.N. 09-77; A request by Yong H. Lee for an on premise consumption Liquor license to be used in connection with Un Ha Su Restaurant & Karaoke located at 1855 Gordon Hwy. District 5. Super District 9. (No recommendation from Public Services Committee April 29, 2009) 11 FINANCE 30. Approve funding for June 16, 2009 Special Election. 35. Motion to approve a contract with Jordan, Jones and Goulding to develop the Historic Resources Survey, Phase I, of the Harrisburg-West End Historic District. APPOINTMENTS 38. Consider the following recommendations from the Richmond County Medical Society for the appointment of one (1) to the Richmond County Board of Health. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Hatney abstains. Motion carries 9-1. [Item 3] Mr. Bowles votes No. Motion carries 9-1. [Item 30] Motion carries 10-0. [Items 1-2, 4-8, 10-27, 28, 35, 38] Mr. Mayor: Okay, Madam Clerk, let’s go, Commissioner Hatney. Mr. Hatney: (inaudible) The Clerk: Could you get it in the record, please? Mr. Hatney: Abstain on alcohol, please, ma’am. The Clerk: Mr. Hatney abstaining on item #3 and Mr. Bowles voting No on item 30. Mr. Mayor: Okay, Madam Clerk, let’s take the pulled item first, please, ma’am. The Clerk: ADMINISTRATIVE SERVICES 9. Motion to approve GMEBS DB Retirement Plan Amendment with immediate vesting for SES and extra 5 years of service credit for SES in case of RIF. (Approved by Administrative Services Committee April 29, 2009) Mr. Mayor: Commissioner Holland, this was your pull. Mr. Holland: Thank you, Mr. Mayor. I need some clarification on this particular item and hopefully Mr. Russell and Kim can give me some clarification on this. One of my concerns as I looked at this and went back and looked at my notes on this I’m concerned about the other department heads in reference to the addition of the five-percent. Will the other department head 12 receive the same option as the other employees who have listed on this and how many other department heads do we have that’s in that same situation. And I’m just concerned about being fair and being across the board with everybody because everybody didn’t get the opportunity to have that option. And if they didn’t get the opportunity to have that particular option I just want us to make sure that we are fair with everybody and let them, to make sure that all of them receive the 5% compensation if we’re going to do that. All of the department heads should be included rather than just including one individual. Let’s do it for all and not just one individual with this because this was discussed at our last meeting and it was discussed in our Administrative Services meeting. So we want to make sure that all of the department heads have an opportunity to exercise this particular option. And if it necessary we need to have a motion, if it’s necessary to take it back to the Administrative Services Committee to vote on this again and so we have some discussion on this to make sure everyone is treated fairly on this. I would like to hear from you first of all before we do that. But I just wanted to make sure all the department heads, I want to make sure that this does not affect any of the other plans that we have in reference to the 5% and in reference to the options that the department heads have for this particular insurance --- Mr. Mayor: Mr. Russell. Mr. Holland: --- plan please. Mr. Russell: Yes, sir, it does. It treats everybody equal. What is basically does is affirm the practice of giving those department heads that are hired a vested 5 years in the system. That doesn’t mean that they would collect an additional 5 years at all. What that would mean for example if we hired a department head tomorrow and vested him in the system, they lasted for two years they would receive the money they had collected within that two years as part of their retirement. They would not receive five years worth of dollars at that particular point in time. The way it would be now is if they left prior to the five years in which they were vested they would not be able to receive money that we had contributed to that system for them. The individual you’re speaking about was one that was “rifted”. So if we RIF or let go a department head they would have the option or, they would not have the option. We would give them the additional five-year service for that particular time but only in case of an involuntary separation through the RIF program. Does that help? Mr. Holland: That helps but my concern also is that do the other department heads have they had the opportunity to have the same option to discuss this with you to make those plans for themselves. Mr. Russell: If they were on board currently they have they are um, vested at this particular point in time based on their years of service. If they are not vested and I don’t think that would include anybody except for potential new hires they would become vested. If we rift a department head, i.e. do away with their job and let them go at that point in time based on this policy as we did with an individual that left they would get the five years additional service towards their retirement. Mr. Holland: That helps. 13 Mr. Mayor: Commissioner Hatney. Mr. Hatney: My concern with that same issue is that when one individual is promoted to a particular position they were given five years deferred compensation. And if that person was already vested because when we met last time that name was added which was not original with the rest of the names. I think that’s the concern. If the person is already vested then how can we give them five more years? Mr. Russell: Okay, let me explain that. Mr. Hatney: Plus the five years already received as a deferred compensation. Mr. Russell: Right and what you’re saying is not actually accurate. Maybe it’s my fault when I explained that to you initially when we hired that person or when we talked about this particular system here. What you did in that particular case you’re right, they were already vested. In that particular job offer similar to what you’ve done with other employees that we’ve hired recently you gave that as an enhancement of 4% additional, the additional deferred benefit of 4% of the salary in the offering letter that you did that, that you approved. So what you did had nothing to do with the retirement. But similar to what you’ve done since I’ve been here with at least two other positions myself included you gave a salary and a benefit of a separate annuity but it does not have anything to do with the retirement at all, it’s a separate annuity. Mr. Hatney: Okay, so that five-year advance deferred compensation is a separate annuity? Mr. Russell: It’s a separate annuity as part of the enhancement of the job offer that you approved to offer. It had nothing to do with the retirement. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Russell, I want to make sure I understand this correctly. The only way they get the five years on the RFP policy is that if they have a reduction in force. If they are terminated they do not get an additional five years? Mr. Russell: That’s correct. Mr. Brigham: Okay. Mr. Russell: So if we decide as a group we no longer need “x” number of positions in that position as a department head they would qualify for the five years. Mr. Brigham: But if we’re going to decide we don’t need an extra position and it’s a department head than we’re already eliminating the department, the entire department not just the department head’s job because we are never going to not fill a department head’s job. I have some real issues with this unless we eliminate departments. I don’t, I know you’re saying we’re 14 going to retire people and do a reduction in force of people, a mandatory reduction in force. Just because you’re a department head I don’t see where it’s any different for that then Joe Smock that’s in another department. He works for us as long as anybody else he ought to get the same benefit. Just because you’re a leader you’ve been compensated. I have a real problem with this. I’m probably not going to vote for it. I just wanted to make sure that it did not include people that we decided to terminate. Mr. Russell: That’s correct. Mr. Mayor: Mayor Pro Tem Mason. Mr. Mason: Yes, thank you, Mr. Mayor. I’ve just got to make sure that I’ve got clarity in my mind here. Fred, you’re saying that based on the offering of the director’s position that there’s some sort of vesting that happens as an incentive? Mr. Russell: Yes. Mr. Mason: Okay now and that’s for any director, for all directors that are hired in. Is that what you’re saying? Mr. Russell: Yes, sir. Mr. Mason: Okay now I’m wondering was there any consideration because I understand the incentive but if a person does not otherwise qualify for the position would an incentive really be necessary? Just the fact that they’re getting that position and getting some additional amount of monies to me seem like that would be appropriate in itself. Didn’t otherwise qualify I’m not sure why they would get the incentive over a person who would qualify. Mr. Russell: In the government realm of the world at this particular point in time particularly in local government because of the necessity to bring in people at the department head level that might not be those that have been here for a long time from the outside an individual needs to have some degree of security in the fact that at least in this case the money that they’ve contributed and you contributed as a city to their retirement fund would be returned to them. That’s one of the enhancements that we use at this particular level. For somebody that moves up through the ranks that’s not really necessary because that individual’s already vested when he got here. But if you were to go in and bring Billy in as a department head or Sue either one it’s my feeling and what we’ve suggested is that you vest them in the system so that if, working at your pleasure if after three years you decide that they are no longer the person necessary to carry that mission forward they leave. That would give them the opportunity to take with them the money that they and you had contributed into that system. And it’s simpler, just simpler more simply just an enhancement of that particular position because across the board of the instability of department heads and the local governments. It’s a way for us to help attract quality people. Mr. Mason: I hear what you’re saying. I don’t agree with it, I’m not going to vote for it or support it but I do hear what you’re saying. 15 Mr. Mayor: Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor, one other question. I just want to know did our recent senior executives that were hired did they receive the same 5% deferred compensation? Mr. Russell: The last two people that did I think were myself and the Attorney and each of us were able to negotiate a separate amount of deferred compensation based on the skills that we brought to the table. I think mine’s a little bit less than that. The Attorney did a little bit better based on the time frame that we did. Mr. Holland: What about without calling any names I mean specifically? Mr. Russell: As we narrow it down? Mr. Holland: I’m just concerned about for instance our Engineering Department, Human Resources Department those areas, the persons that were hired in that particular area. Did they receive it? Mr. Russell: I don’t remember in all honesty. I don’t remember. I’ll be happy to check that if you like. Mr. Mayor: Madam Attorney. Ms. Johnson: Yes, they did and some of these things were because of the prohibition in our ordinances for certain positions. It was being offered and in a way to jive what was being offered with our Code of Ordinances and the plan that we are participants in. That’s why the amendment was necessary. And if I could go back and address what Commissioner Mason said presumably somebody wouldn’t be hired in the position if they weren’t qualified to do the same. So you wouldn’t be giving them a perk. Mr. Mason: I take exception to that because we’ve hired folks and waived requirements. So I take full exception to that and I would caution you to go back and take a look at some of our hiring practices here in the past. And I assure you that you will find that we have put people in positions that did not otherwise qualify fully for those positions. Ms. Johnson: And if that truly were the case at this point we can’t offer them anything any different that what we would presumably a competent, I guess is what you’re saying department head. And that gives them a claim for equal protection. So presumably from here on out the hiring practices may have to different. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. It’s my understanding that you know we’re not in a position or we’re not saying that we’re going to make this retroactive as far as any department head that’s been hired in the past. Whether they had vested interest or whether they had twenty years of vested time in it or no vested time. But what I think we’re saying here in the 16 past when a department head was hired that is considered a skilled professional level and under a contract negotiations are made on an individual basis. I don’t think you do an across the board type of contract. What we are trying to do here now is to put into our contract arrangement and incentive that brings forth excellent and more qualified people that will seek a job with our government. And so to me that’s what I see us doing. I don’t see us trying to step back and bring everyone up on an equal basis and I don’t see us trying to make sure that everyone is vested in this program. What we’re trying to make sure is we’re now from this day forward getting the best-qualified people for the position that is open and using this as an incentive to do so. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Thank you, Mr. Mayor, and I’ve listened to my other colleagues. My concern is that we say one thing up here and we do a lot of stuff differently. Because since I’ve been a part of this organization I’ve known that a waiver criteria for more than one person and had folk in the department with the criteria. Something’s wrong with that picture. If we’re going to say we’re getting the best qualified person and we move somebody up beyond somebody who qualifies and waive the criteria something wrong with that picture now. Let’s not act like we ain’t doing some crazy stuff here. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Mr. Mayor, I recommend we refer this item back to the Administrative Services Committee. Mr. Mayor: Is that in the form of a motion? Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners, Mr. Russell: Mr. Smith: What was the motion, Mr. Mayor? Mr. Mayor: To refer it back to Committee. Mr. Russell. Mr. Russell: I’m sorry. 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. Mr. Grantham votes No. Motion carries 9-1. Mr. Mayor: If everybody had so many concerns why go on consent in the first place? Okay, Madam Clerk, now on to the regular agenda. 17 The Clerk: FINANCE 29. Motion to approve a Resolution amending and restating a Resolution creating the Augusta-Richmond County Redevelopment Area and Tax Allocation District Number One – Augusta, so as to adopt an Amended Redevelopment Plan for the area; To make certain findings regarding taxes pledged to finance redevelopment costs; and for other purposes. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Motion to approve. Mr. Jackson: Second. Mr. Mayor: We have a motion and second. Commissioner Hatney. Mr. Hatney: One question. Specifically and I’m not trying to I guess I am sounding dumb but I have no idea what you’re talking about. What are we talking about? Ms. Johnson: We have a resolution approving a tax allocation district under the Georgia Redevelopment Powers Act to do certain development in urban blighted areas in Augusta. Because of changes in the Legislature we needed an amended resolution --- Mr. Hatney: Okay. Ms. Johnson: --- which this is. Mr. Hatney: You’re amending what was already --- Ms. Johnson: Right already adopted it, the plan the pad has already been set up. There was some changes in the legislative session that required the resolution to be amended. Mr. Hatney: Thank you Ms. Johnson: Yes, sir. There’s one last thing as well. Section 5, if you will turn to your backup documents. Mr. Hatney: Which one? The Clerk: Section 5. Ms. Johnson: Section 5 of the Resolution --- The Clerk: Item #29. 18 Ms. Johnson: --- item #29, Section 5 of your backup documents. Our financial representatives have suggested that the word “certain” be inserted before Local Option Sales Taxes collected within the pad. That’s another amendment that we didn’t get until the very last minute after your books were prepared. Mr. Mayor: Commissioner Bowles, would you like to amend your motion to reflect that amendment? Ms. Johnson: Thank you. Mr. Mayor: Commissioner Mason. Mr. Mason: Yes, Mr. Mayor, in reference to the insertion of that word “certain” that are related to certain Local Option Sales Tax. Which ones? Ms. Johnson: They have not made that determination, Commissioner Mason. Mr. Mason: When you say “they” who are you referencing? Ms. Johnson: I’m referring to the Financial Counsel that we have. I think the reason the word “certain” was inserted was so that y’all could determine which taxes would be pledged. They’re leaving that option open to y’all based on the collections, which of course we don’t know what they are as of right now. 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. Mason votes No. Motion carries 9-1. The Clerk: FINANCE 31. Consider a request from the Augusta Branch NAACP for city sponsorship through the purchase of tickets for the Centennial Freedom Fund Banquet. Mr. Mayor: Anyone? Ms. Beard: Move for approval. Mr. Mayor: Do we have a second? Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? 19 Mr. Grantham: Well, they’re going to take a hit in the number of tickets we need to buy. Mr. Mayor: Okay, could we see a show of hands who would like tickets. Mr. Mason: Have we decided we’re going to buy them? Mr. Mayor: No, well, I guess we’ve got to. Okay but to approve it based on the number of Commissioners who would like to attend. We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Bowles, Mr. Jackson, Mr. Brigham and Mr. Smith vote No. Motion carries 6-4. Mr. Grantham: I’d like to take a count on the number of tickets we need to buy. Mr. Mayor: Can I see a show of hands? The Clerk: --- who are wanting tickets? Mr. Mayor: This isn’t an official vote just a straw poll of a show of hands. The Clerk: Mr. Hatney, Ms. Beard, Mr. Holland --- Mr. Mayor: Okay. The Clerk: Okay. Mr. Mayor: All righty, Madam Clerk, next agenda item. The Clerk: FINANCE 32. Consider a request from Mr. Jugal K. Purohit regarding a waiver of penalty on ten (10) tax bills due to national economic conditions. The Clerk: Mr. Purohit? Mr. Mayor: Mr. Kendrick, if we could hear from you first? Mr. Russell: I think he’s in the hall. Mr. Mayor: Okay. Mr. Russell: He’s apparently left the building. Mr. Mason: Well, that’s not good. 20 Mr. Mayor: He’s left the building? Okay. The Clerk: Refer it back? Mr. Mayor: Mr. Tax Commissioner, do you have a recommendation? Mr. Kendrick: Thank you. We have several items on the agenda today including this one which the people who are requesting a requesting for the same reason. Economic conditions are affecting their business. Our recommendation and the paper work we sent was to deny these requests. Every day we get average citizens who come to us with the very same issues. We don’t have the ability to do that unilaterally. The office’s policy is to take each situation individually, assess whether or not there is a mistake or an error by either us or the Tax Assessors Office or whomever is involved to make a decision based on that. So for something in this amount which totals to be about $12,000.00 it was not a decision we felt like we needed to make any, to come before you. So our recommendation would be to deny. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Mr. Kendrick, were all these bills sent to the correct address because there really is no reason why they didn’t pay them other than the so called economic conditions. Mr. Kendrick: On this particular case, if you can pardon me for a second so I can review this. His letter, I don’t believe that was necessarily his issue, the wrong address. Although often times we hear that as an explanation as to why people don’t pay. However again we go through several processes to assure we have the right address and actually the Georgia State Code is very clear that the tax bills that are sent out although is doesn’t sound very nice it is a courtesy that’s done by the Tax Commissioners Office and actually property taxes are expected and due each and every year in November. And so while we do our best to make sure the go the right place, we work with the Census Office diligently to make sure we have the right address there is from time to time when people move and they don’t report that information to us they don’t necessarily get those bills. And so we try. And in this particular case I don’t necessarily think he mentioned that was his issue. He mentioned more of his issue to be, he just had financial issues. Mr. Mayor: Okay, Mayor Pro Tem and then Commissioner Grantham. Mr. Mason: Yes, thank you, Mr. Mayor. As I was going through this book this week and I saw in here the backup information and it says this office has no recommendation. But now I’m hearing that the recommendation is to deny. Is that what I’m hearing? Mr. Kendrick: Yes. Actually when we put the information in it was put in by a staff member and when they entered that in they entered it in as no recommendation. My recommendation after getting several more of these since then is that if we start that precedent in doing that my recommendation would be to deny. But again our office collects taxes on behalf of this government and the school board. It is not our obligation nor our reasoning to go in and 21 make those decisions. It is strictly your decision because those are the monies you need to run this government. Mr. Mason: I’m certainly fully clear on my responsibilities here but we also do take into consideration or do request to know what your recommendation is from that particular office. But I’m very clear about what we’re responsible for up here. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Yes, Mr. Mayor, thank you. Am I correct in thinking that the Tax Commissioners Office has the ability to waive these penalties or interests if they want to? Mr. Kendrick: No, well, yes and no. Back in 1995 there was an ordinance passed that allowed the former tax commissioner the ability to waive penalties that were capped at $200.00. That is not the standard around the state however that is how it’s done here. Several of the larger counties and even some of the smaller counties don’t handle that situation that way. They officer the Tax Commissioner the ability to make those decisions and if he fails that and it is outside what he would like to decide he sends them to the governing board. But as it stands right now we do not have that. We have not asked for that ordinance to change. Mr. Grantham: All right. And that’s my point whether you have that ability or not right now. And I follow along Mr. Mason’s comment is that you’re in that office constantly. You know what’s going on with these people more so than these ten members up here. So I would like to see some form of recommendation listed down here instead of saying this office has no recommendation to us but to have some form of explanation or a reason behind your recommendation would be more in order. Mr. Kendrick: Well, and we certainly could offer that but I think that if our recommendations if they merely need to be on what the law is and whether or not it was an error than in this instance and in most instances it would be a denial. If you ask me to wear another hat say a economic development hat as I do sometimes then my answers may be different. So I think you would need to quantify for me or explain to me in which role you’d like me to serve if we’re basing this just upon whether or not this was a mistake and what ordinances are available for us now it would be a denial. And thus most governments have more opportunity to consider the other things. You didn’t ask me to consider the other things and if you did I could give you that recommendation and it may be different. Mr. Mayor: Okay. Can we get? Commissioner Brigham. Mr. Brigham: Mr. Mayor I make a motion we send this back to Finance Committee. Mr. Grantham: Second. Mr. Mayor: Send it back to Finance. Okay, we have a motion and a second. 22 FINANCE 34. Consider a request from FPL Food, LLC regarding a waiver of interest and/or penalties on their 2008 property taxes. 36. Consider a request by the Olin Corporation that penalty and interest be refunded on 5 2008 tax bills. Mr. Brigham: That along with item #34 and 36. Mr. Mayor: To allow it to go through Committee. Mr. Brigham: Yes, sir. Mr. Mayor: I think that sounds good to me. We have a motion. We have a motion and who was the second? Mr. Grantham: I did. Mr. Mayor: We have a motion and a second and the motion would be to send --- The Clerk: Item 32, 34 and 36 back to Committee. Mr. Mayor: Commissioners will now vote by the usual sign. Mr. Hatney votes No. Motion carries 9-1. Mr. Kendrick: Mr. Mayor? Mr. Mayor: Mr. Kendrick. Mr. Kendrick: Is it your pleasure that recommendations be based on other things if we go back to Committee or are we just doing it based upon? Mr. Mayor: Speaking about me I think the letter of the law is the way that it needs to be recommended out of the Tax Commission. Okay. Madam Clerk. The Clerk: FINANCE 33. Motion to approve a contract with Shields DESIGN LLC to work with staff in the creation of an overall Augusta Development Agenda. Mr. Mayor: Mr. Patty. Mr. Patty: Mr. Mayor and Commissioners. Mr. Shields made a presentation to y’all a couple months ago along with Augusta Tomorrow about the planning that they’ve done for 23 downtown Augusta and downtown North Augusta and I wasn’t here but I heard y’all were pretty impressed with that. I think some of you maybe even the majority of you asked him to come back and do a plan for the entire county. And that’s what’s on your agenda today. The Planning Commission completed a comprehensive plan in October of last year, which is a broad brushed general plan for the county. Unfortunately that’s taking so many things under Georgia law it’s not very detail oriented. And what Mr. Shields would do if this is approved would be to come in and take the five of the seven neighborhoods that are identified in the comprehensive plan and zoom in and do detailed planning in those areas. He would select eight projects for detailed design plans. He’d pick from those that you would suggest and he would also introduce the concept of growth management and educating and instill that in our planning. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Mr. Patty, unless there’s been an addendum here when the motion was made to get this young man to do further study it was from Gordon Highway to the County line. The motion did not include all of Augusta. Mr. Patty: The emphasis --- Mr. Hatney: It was specifically stated because when we go into South Augusta and that because it was time to do something out there. That distance would be from Gordon Highway to the Burke County line. That’s what the motion was. Mr. Patty: It didn’t say anything about Burke County. Mr. Hatney: It didn’t say anything about no other place. Just Gordon Highway --- Mr. Bowles: I’d like to hear from the maker of the motion what the motion was. Mr. Mayor: Commissioner --- Mr. Grantham: It was me, Mr. Mayor. Mr. Mayor: Commissioner Grantham. Mr. Grantham: And my first comment was the Gordon Highway. We had further discussion on that. We included the remaining part of the county with emphasis being placed on Gordon Highway to the Burke County line. Mr. Hatney: (inaudible) Mr. Grantham: Yes, sir. Mr. Hatney: (inaudible). Mr. Grantham: I’m positive. 24 Mr. Hatney: You’re absolutely. Mr. Grantham: You are. Mr. Grantham: I am. Mr. Mayor: Okay. Mr. Hatney: I’ll remember that. You said it right here. Mr. Mayor: Mr. Russell, did you have any input into this? Mr. Russell: Mr. Mayor, Mr. Patty and myself have worked with Mr. Shields to come up with a plan of action that we think would be the next step in moving Augusta forward in those particular areas. Emphasizing the south is one of our focal points but we didn’t want to just do that. We’ve got a plan for a portion of our county and city and seems appropriate to go forward with the plan for the rest of it. You know for those that don’t plan we you fall behind and we think that’s necessary. We have negotiated with him we have a contract available. There’s still some issues there that we feel would be necessary to continue that negotiation before I’m comfortable bringing you back a final contract. What I would like to do though is get permission to go forward. Mr. Shields is willing to move forward with that. The final figure is in excess of a half million dollars. That’s a little bit steep in my book but as one of you said to me just yesterday when you start talking about our plan and our future half a million dollars over the next 100-years is not really a big investment and I don’t disagree with that. What I would like though is have the authority to move forward into the next stage, which in my mind would be a $100,000/200,000.00 investment to get him back on board. He’s met with some people, we need to meet with some more and continue to move that plan forward as we go, as we go in steps at this particular point in time. He is available and has people available to get on Friday. I don’t think you can begin any sooner than that but I don’t think in my mind you’d want to begin any sooner than that. But I don’t think in my mind you’d want to begin any later than that. What I’d like to do is have the authority to send up $100,000.00 to continue to refund that plan of action and bring you back a final contract and a final document within the next three weeks, the next four weeks. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Mayor, I’m not quite willing to go that far but I am willing to allow Mr. Russell to go back and negotiate with Mr. Shields to come to a plan. But I would prefer a complete plan as to the payment and how it can be done. I don’t think we need to piece meal payment starting on something that we know what the entire cost is going to be. It’s kind of like buying a bowl of soup. We’re only going to buy 20% the first time but we might want to buy more and I don’t know where that 20% line hits. I would prefer, I know he’s not going to like this but I would prefer to authorize him the ability to negotiate a contract and a payment plan and bring that back to us. 25 Mr. Mayor: Mr. Russell. Mr. Brigham: Not piecemeal. Mr. Russell: And while I agree with you in some concept I disagree in others. I think what we’ve got is a pretty good working document to continue to move forward. There are some details that I’m not comfortable with at the moment. If you give me a not to exceed number of half a million, bring that forward I think our soup would consists of parsnips and carrots. We’re trying to decide if we want a tomato base or a milk base at the moment and I think that would be the most suitable way to go forward with that. He is available, we’ve, I’ve got people that can actually touch the ground in south Augusta and the other part of the county this week if necessary. I think it was agreed upon that this was a good action to move forward with. I would ask you to trust me to bring you back the details without much delay. Mr. Brigham: Mr. Mayor, while we’re on the soup I don’t want to have chicken soup with the chicken walked through the water either. That’s my concern. Can you explain to us where the $100,000.00 is coming from or you know --- Mr. Russell: Yes, sir. Mr. Brigham: --- is it out of contingency as usual? Mr. Russell: No, I was planning on taking it out of the capital as we’ve got money available to do that and the long range plan would be considered for that. The balance would be over a two-year period, which we would budget for hopefully. And that’s part of the deal that I’m trying to work out. You know I think if you, in the not to exceed number of five fifty will cover that. I’m pretty sure we’re under $500,000 at the moment but I would like a little flexibility but as you know I tend to be fairly good at getting you down to where you need to be. Mr. Brigham: I understand that I hate to write a partial check and don’t know where it’s stopping at. Mr. Mayor: Commissioner Bowles, and please don’t mention about soup anymore. Mr. Bowles: I’m not going to talk about soup. Mr. Mayor: I’m getting hungry. Mr. Bowles: I’m trying to figure out how we can use capital improvement funds to do a study on a development plan. How we always find this money, a half million dollars here and there and we can’t give our citizens a tax break. It just simply amazes me. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Mr. Mayor, thank you but keep in mind that this is a study we want to parallel with the Augusta Tomorrow study that Mr. Shields did. And in doing so we had you 26 know private investment, private funding to come in as well. And so knowing what we have throughout the remaining part of our county that’s going to be studied and hopefully to have improvements done in that area I see to where we will be able to get someone, this group or whoever it might be to go and collect funding that will help all offset our $500,000.00 to you know where they’re going to benefit from it just as much as our government will. So this can be a team effort again. I think that’s the direction that Mr. Russell and Mr. Shields want to go in. And so I think this is our best bet right now and I think to move forward would be in our best advantage. Mr. Mayor: Okay, would you like to make a motion? Mr. Grantham: I make a motion that we give Mr. Russell the authority to move forward with establishing a contract not to exceed $500,000 but only to spend up to $100,000 and to talk about generating funds from outside to support this effort. Mr. Smith: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Mr. Bowles, Mr. Brigham and Mr. Johnson vote No. Motion carries 7-3. Mr. Mayor: Madam Clerk, on to the next agenda item. The Clerk: FINANCE 37. Discuss/approve the Tee Center and Laney-Walker Redevelopment Plan(s). (Requested by the Administrator) Mr. Mayor: Commissioner Hatney. Mr. Hatney: Mr. Mayor, if you’ll give me a minute of two I’ve been looking at what is being proposed and I went back and looked at the minutes back in August 21 I believe in 2007 when this body agreed to spend I believe it was $25,000 to do the Tee Center and 37.5 to do the Laney-Walker/Bethlehem redevelopment. They agreed to do that, we have not gotten into that even though the work has begun. It’s just difficult for me to continue to vote for stuff that we already voted for and done. When they put the document together for the proposal that was put forth by and voted on by the Commissioners they added further historical areas in there they we were able to convince them to go ahead and spend that 37.5 mill on the Laney- Walker/Bethlehem area first. And if there’d be some left they could spend otherwise and we have not done that. There’s been some monies advanced also from HED to do some start up work so some stuff is being done and for my money I think we just need to stick with that plan. We’ve got and go on and see where we come out. 27 Mr. Mayor: Okay, thank you, Commissioner Hatney. Madam Clerk, had you read the agenda item yet? The Clerk: Yes, sir. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I also have an issue with this. Although I think this is a good plan as far as what was implemented two years ago I do have a problem creating another authority or board that will be able to issue bonds. I think we have areas, we have the boards now that are set up to do that and I think we should be utilizing those boards and DD is one of them. So I do have a concern there. I don’t think it’s very valid to create that, that initial board to do that because we don’t have the same thing for the Laney Walker/ Bethlehem as well. We have one for one side but not for the other. And what I mean by that we’re creating a board for the Tee Center but not for the Laney-Walker/Bethlehem. So it’s two different entities there. You’ve got an oversight committee but you don’t have a board that can issue bonds. So that’s where my problem comes in at and I think that DDA should be inclusive in this based on it being a downtown primary project. Mr. Mayor: I think Mr. Russell can answer that concern. Mr. Russell, can you? Mr. Russell: If you’d like I’d like to go ahead and move through this again because obviously there’s a lot of confusion, consternation and as you begin to move forward in our community those things will come up. We two years ago when we made this venture forward we took a leap of faith in which we married two projects together at the hip that will benefit a wide segment of our community. The Tee Center and the associated parking garage that would go with that will help improve our economic development. It will allow us to compete with similar size cities and bring people in our community that we cannot bring here now that will spend tax dollars, that will stay in hotels, that will eat in our restaurants that will shop in our stores. And those things will begin to improve the economic condition not only of our government but of the citizens that benefit from that economic condition. In addition to that the Commission at that point took another bold step in which they, six of them thought that as this project moved forward we needed to tie that to the redevelopment of a historic neighborhood in our community. The neighborhood today it looks like the top picture there. The neighborhood today it’s full of houses that are falling apart, the neighborhood today it’s full of houses that are no longer livable, the neighborhood today it’s full of houses that are burned out that are refuges for drug addicts, that are not inhabitable. A bold step one that you took and one that you moved forward with. You asked me to put together a plan, a plan to get you from that dream to the reality of having a building on the ground, the Tee Center and multiple buildings on the ground in Laney-Walker and Bethlehem. Houses that became a neighborhood, houses that were worth living in, houses that would attract people in that neighborhood. And over that period of time we’ve had many a step. Some of them were missteps some of them were in the wrong direction. Some of them were you know stumbles. But I think we’ve continued to move forward. And what I presented last week was a plan to take those next steps. Not an end-all answer to anything, not the final word on what we would be but the opportunity to bring the documents to you that continue to move us forward. That community, I was there yesterday with Chester and 28 there was a lady sitting on a porch. And that porch was about to fall apart around that lady. And the house next to it had been burnt out. And the house two blocks down or two houses down was boarded up and she sat there. WE have an opportunity to continue to move forward and create a community a historic community that was there for years and years and years is a viable part of our world and make it back again what it was. A viable part of our world. We have an opportunity to build a building, which is anywhere near as neat to be honest with you but a building that will bring people in our community that will spend tax dollars. What I’m asking for today is the opportunity to continue to move forward with that dream. And that’s all I’m asking for today is the opportunity to bring back the schematic designs for the Tee Center and get the architects working and move forward with that. What I’m asking for is the opportunity to finalize the contracts with the convention center operator. You know in the initial plan there was a 50-year commitment to that. Because of the financing mechanism that we’re using that’s down to 15-years now and we would have the opportunity to renew at the end of 15-years and the operators continue to move forward. There was some fee agreements that were talked about initially but have changed. And what I would like to do is have permission to bring you back that final document where you can inspect it for the dots and the dashes and where alls and make sure it’s agreeable to the dream that this Commission had two years ago and move forward. In addition to that the authorization the Urban Redevelopment Agency. That’s seems to be a sticking point for a lot of people. And what Commissioner Johnson just said is not exactly accurate because that agency would have the capability of bonding both properties and bonding both programs. And that’s why I suggest based on the advice of our bond council, based on the advice of the bond attorneys that’s the best way to do that because it continue to draw those projects together, it continues to give us one group that you would appoint and that documentation would be brought back to you for your approval to appoint five people that would control both projects and the bonding of those projects continue us to move forward. The DDA has a full plate. The DDA will benefit from the projects that are built and the DDA will have the opportunity to continue to move forward with that. I think both these projects are important to us as a community to us as a city and to us as people who live here to carve that out and make them a flagship for our continued growth and development. And that’s why based on councils recommendation based on bond councils recommendation based on the economy’s of scale by bonding the projects together and the savings that that would generate that I think those projects should be brought together and that’s why I recommended the Urban Redevelopment Agency to do that. In addition to that what I’m asking for is the authorization to coordinate with the URA, the Urban Redevelopment Agency the acquisition of the real estate and the construction of the IGA, for construction and financing of the Tee Center and the parking deck. The Tee Center cost will be more than what we anticipated. We’ve been able to find the funds and develop the funding streams to do that. The parking deck will be paid for with the funding stream that currently exists which is the rental tax on cars that will go away unless we redirect that money to a new project upon the bond payment of the current deck which is next year. That’ll go away unless you react that and pick a project for it to go to because it’s got to be project specific. It just can’t go into the general fund. Fund of the funding for the Tee Center will be done from the bond payment at the James Brown Arena through the hotel/motel tax. That money and those bonds will be paid off next year. That’s about a million dollars that is being paid for those bonds that I think should be used to continue to move forward with another venue to not only compliment the James Brown Arena but compliments the hotel we currently have there and the potential hotel that will be built across the street. The task you gave me was to do that, build 29 these buildings help save that neighborhood without increasing the burden on our taxpayer, our taxpayers the property tax is the way I took that. And to take advantage of streams that come from people that visit us. They visit the convention center, they visit the historic neighborhood they visit Augusta and have somewhat of the same dream that we have to continue to move forward with that. I’d like authorization to ensure that taxes and bonds for the Tee Center parking deck. In addition to that I’d like authorization to bond the money for the first phase of the Laney-Walker/Bethlehem redevelopment. The funding stream for that comes out of the hotel/motel fee that was inaugurated two years ago. We’ve been able to spend some of that money. Through your wise use of those dollars we have houses built and people living in them that lived in squalor before. You can see the examples of what those things have done for our community. You can look at the pretty pictures and you can go out and look at the brick and mortar and wood that’s actually there. Not crumbling, not falling apart, not burnt out but there in a safe sound structure for families in Augusta to live in. That is the first phase of the project. After a great deal of conversation with Chester and the consultant that’s hired and come up with the plans and come up with the dreams that those people share with us. By meeting with the community and meeting with what’s going on those dreams are coming to fruition. For years and years and years they’ve looked out their door and the only thing they could possibly see was a burned out building. Now some of those people can look out and see something new going up. All I’m asking today in addition to those things is to authorize me to take action to re-impose the rental car fee and I would like to increase the hotel/motel tax. I know that’s a controversial issue because that’s always what it is. But it doesn’t take us out of line with the bigger cities in Georgia that we’re trying to compete with. It gives us an additional funding stream that helps compete with those cities and I’m sure our good people at the Visitor’s Bureau even with that increased cost will be able to sell Augusta for what it is, a bright growing community with the opportunity not only for guests to come visit but for families to live and prosper. In addition to that I would like the authority to put together the documents that begin that transition from the Tee Center to the Tee Center upon the satisfaction of the Coliseum Authority bonds. And the authorization to go ahead and engage Smith, Gambrel and Kilpatrick Stockton as the people that have helped us walk through this project and will help us bond it and put those dollars to use in our community. None of this gets done without your continued oversight your continued approval and your continued input your continued tweaking of that dream that will make Augusta a better place. Dreams change but this dream has light at the end of the tunnel for lots of people. This dream has an opportunity for families that no longer live in a house that’s worthy to move into a house that has a solid floor a roof over their heads and no rats in the basement. All we’re looking for is the opportunity to bring those documents back to you for your perusal for your inspection and if you approve for your approval. It’s a long journey and I’m reminded we started a long time ago. I was lucky enough to pull up an article just a little while ago though from Alabama. The Alabama General Assembly moved out of the capital 25 years ago to temporary quarters that they’re still in. Their roof leaks they’ve got holes in their floor and I think we as a community are better than that. Is this a perfect plan heavens no. Can you sit here and find problems with it yes. Is it a step, an opportunity to bring forth documents that are going to make us a better place I firmly agree with that. I firmly do that. You tasked me with a job to do my best to put together an opportunity to grow this community. There might be other ways to get there. There might be other things to do. As each of these documents will continue to explore those as we come forward. But until we’re willing to take the first step and we’ve taken that step. You’ve got people living in houses based on the programs that you’ve 30 done. You’ve got purchased property in Laney-Walker that’s there ready to be redeveloped. We have happy people living in houses. That’s the first step. The second step is to go through the rest of this. All I’m asking for is a nod to move forward or direction on where to go next. Thank you. Mr. Mayor: Before I start calling on Commissioners I would just and I’m going to go back and say something that I said last week with the regards to the redevelopment that’s going on in Laney-Walker and the redevelopment potential for Bethlehem. Chester Wheeler and the Housing and Community Development Department is doing a phenomenal job once again to approve these funds to go to those neighborhoods. You’re talking about economic development in the inner city. You’re talking about providing jobs, opportunity and housing. This is the most important initial we have going on at this point in my mind and I would encourage everybody to strongly, strongly consider approving this. If our bond council says it’s what, it’s a good plan our financial advisor, Mr. Wheeler, Mr. Russell I trust them and I would just encourage us to take this step forward. Ms. Beard, did you have your hand up? Ms. Beard: Yes, I did. Now as I see it our last SPLOST recommended $20 million for the Tee Center. Mr. Russell: Yes, ma’am, there was $20 million in it for the Tee Center. Ms. Beard: And at that time 37.5 was approved for the Laney-Walker area. Mr. Russell: Both of those were tied together in the approval, yes, ma’am. Ms. Beard: So those things have been approved. Mr. Russell: You approved the concept or did we not? Yes. Ms. Beard: And I guess what you’re really asking is that we come forth now with approximately $30 million dollars to add to the $20 million which is already there for the Tee Center. Mr. Russell: There were options available to do a $17 million dollar parking garage that upon our continued review and the use of those fundings we felt as a staff and I recommend that we tie those things together. In addition to that because of the need for the Tee Center and in my mind and the opportunity to move that forward the question becomes is do you want a $20 million dollar facility or if possible do you want to do it and do it right with the opportunity to move those other dollars over. I think the twenty was overly optimistic. We’ve talked about that for, six seven years getting to the twenty. You’ll note during the first SPLOST we asked for more than that and it was cut as part of the deal to get the first SPLOST passed. So you know I think our history is that we’ve given you a product you given you projects done within budget on time. This one I think is another one I think we can do with the funding streams that are available, yes, ma’am. 31 Ms. Beard: Now as you know our Tax Assessor came before us today stating many people were running into problems paying their taxes. My question is, is this really a good time to pursue this? Mr. Russell: I think that’s a valid question and I’d like to respond if you’ll give me the benefit of a few minutes. I don’t want to trespass on your time but let me suggest to you it’s never a good time to take a risk. But let me suggest to you in addition to that it’s always a bad time not to look to the future. If you look at some of the economic stuff you’re hearing today stocks were up yesterday, tremendously. Some things are turning around. Some of those people that were Nay Sayers just six-months ago are saying that the economy’s going to improve. Because of the economy we’ve been able to take advantage of people that want to work. We’ve been able to put them to work. If you’ve got money, you’ve got funding streams if you’re able and you heard our financial advisor tell you last week that our government was as stable as any, as funded as any and as stable as any. Now is the time to make those investments. When you can take advantage of the cheaper cost of building when you can take advantage of the cheaper cost of getting a loan and do that now. My concern is that we sit back and wait and miss the boat the train or whatever it is. In this case it might be the bus because that’s what’s helping to fund some of this. You know we’ve got funding streams that aren’t tied into the taxpayer the property owner that aren’t tied into the real estate here even though it’s better than most. It seems they can even turn it around here. So we’ve gone to great effort to find you funding streams that aren’t going to place a burden on the people that live in Augusta. They’re going to help build Augusta based on those people who come to visit. The funding streams are such that if they slow down we can slow down the cost of doing what we’re doing. I think we’ve taken advantage of what was a bad thing and turned it to our advantage to where we are now set at the precedent of moving forward. Bad economy being what it may be if it continues to hold itself where it’s at or even gets worse we’ve been conservative in the numbers. If it gets better we can benefit from the profit. I think that now is the time to continue to move forward and yeah, that’s what I think. Mr. Mayor: And I would just say, Ms. Beard, the economists that I talked would tell you that now is the time to build. And I think two prime examples the Judicial Center and the Library that we’ve seen significant cost savings on those properties due to the fact material costs being lower during a down economy. And, Fred, correct me if I’m wrong this entire plan, this project this will not increase property taxes whatsoever. Correctly? Correct? Mr. Russell: That’s correct. Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. I do have a dream, Fred. It’s a little bit different that what you articulated though and I’m sure that the intent by which you speak is very good and very noble. But a couple of facts that we have to look at as we go forward. I certainly want to see Augusta prosper as much as anybody but the fact of the matter is that the revitalization that you speak of is something in particular Laney-Walker and Bethlehem is something that was voted on years ago and ought to happen anyway regardless of this situation that we’re talking about here today because that vote has already taken place. The other point that I would like to 32 make is that it wasn’t more than five or six months ago when there was talk of perhaps creating another authority to deal with other areas within Augusta or south Augusta or what have you. Almost everyone to a man said what a bad idea that was and now we sit here today with a different take and I understand it’s a different situation. But I want to put that out there. The parking deck that you speak of it’s kind of hard for me to understand how in the initial stages when this was voted on how come prior planning didn’t tell us that we would need a parking deck at some point. I’m not sure where they thought they were going to park and to what level they would park and how many parking spaces that we needed. So it appeared to be somewhat of some backwards planning or some backwards thinking. But I appreciate your forward thinking at this point. Certainly there’s nothing wrong with bonding the money for Laney- Walker/Bethlehem as it was intended two years ago to go ahead with all that revitalization that you’re talking about and seeing those things come to fruition. I think that’s a great thing. The people, and I hear you say that the money is not tied to the taxpayer, but several years ago the taxpayer decided to vote for this SPLOST and for a reason that no one can explain to a good level this Commission didn’t get it done and the Tee Center was not built. Since then of course we’ve had several escalation costs and I don’t know, Mr. Mayor, I might need to have a second opportunity I don’t know if I’m at my two minutes. But this is something that the people voted on and I think we’re taking even though we’re not utilizing according to your funding dreams the taxpayer dollars I think they ought to have a say so in it. And finally I’m just a little bit concerned as we all should be as good businessmen and women about partnering in on events or construction of a Tee Center with a proposed entity that perhaps has some financial difficulties right now. And so given the economic situation here not only here in Augusta but nationally and the fact of the partnership of which we speak with potential financial issues I just think we ought to be good stewards and look at this very, very closely. I’m not saying it’s not something to do at this point but there could be some other things we need to look at in order to make this happen. I just want to offer that, those opinions there. Mr. Russell: If I could respond, please, because I think he raises some wonderful points that we need to continue to move forward with. As you looked at the initial vote two years ago these projects were joined at the hip then and in my mind are continually joined at the hip unless y’all make a decision to do otherwise. There’s no Tee Center without Laney-Walker and therefore there’s no Laney-Walker without the Tee Center. And I believe that’s the way the motion was, that’s the way it continues to be and that was the parameter I worked with. What I’m asking for is the permission to bring you back exactly what you said we need to look at. I can not in good faith go forward any further and commit additional resources until we have those documents that you’ve asked about. Those agreements, the financials and those things there the bonding financials, the bonding opportunities there you know we’re starting to look at a fairly in depth deal at this point. I agree with exactly what you said but I think you need to have the opportunity as an elected official to look at those things and move us forward. The people voted to build a building. They also voted for y’all to make decisions on how to continue to move us forward. And I think that’s what I’m asking you to do is to take that opportunity to give me the opportunity to bring all these back to you so you’ll have a chance to look at them. It’s a massive thing and we did this last week. We had no vision of the fact that it would be easily absorbed but to get us to the next step in this process it’s my firm belief that you know we’ve chosen a road. Now we’re trying to decide what to drive down it and this gets us the decision on what we’re driving. Without this we’re still wandering around in my mind. 33 Mr. Mayor: Commissioner Brigham, then Commissioner Hatney. Mr. Brigham: Mr. Mayor, I’m not without reservations like I think with everybody up here. But I know this. I know that the voters approved the Tee Center in SPLOST five years ago. I know we immediately bonded it. I know that the original cost was $28 million dollars that we only bonded $20 million dollars that we only put $20 million dollars in SPLOST. I know there’s been financial problems with this project since day one. I also know that this Commission was partly delayed because we could never agree on a site until recently two years ago when we married a couple of good projects together to come to a conclusion. Therefore in light of this even with my reservations I’m going to make a motion that we approve Mr. Russell’s request. Mr. Grantham: Second. Mr. Mayor: We have a motion and a second. Commissioner Hatney. Mr. Hatney: One question I want to ask Mr. Russell. Mr. Russell: Yes, sir. Mr. Hatney: If you don’t mind you mentioned that you’re sounding as if though if this doesn’t pass the other project portion stops. Now we’ve already have a document in place because I remember reading it authorizing to do what you supposed to do for that $37 million dollars and for, it was $25 million actually, the Tee Center. Now you may need some more money but please don’t sit and try to get us to believe that if this don’t pass that everything stops because that other stuff has already been approved. Mr. Russell: That’s not exactly what I said. Mr. Hatney: That’s what I’m hearing, that’s what I’m feeling. Mr. Russell: I’ll say that again in a way so that I’m a little bit more comfortable with that is that what I’m asking for today is to continue to take that next step. There might be some discussion on whether or not either or the projects work. If I don’t know the exact wording of the motion but they were tied at the hip. Mr. Hatney: I know that. Mr. Russell: And that’s --- Mr. Hatney: That’s what I was talking about they’re tied at the hip and when the documentation was put together they were still tied at the hip. Now that was passed and it’s still out there. If you don’t ever bring this forward that’s still out there. And you still had the responsibility to get it done. You might not have enough money for the Tee Center you had to come back and get some more, oh yeah, you do. 34 Mr. Russell: I don’t disagree. I’m just asking you to tell me to do it. Mr. Hatney: And the, we told you that all the time. We done already told you that. Because there was a document done, yes it was, Mr. Russell. I’m not arguing with you I’m just being straight up. There was a document done or there was some redoing of some of the language that was in it. Because some of us didn’t agree with some of the language. You have had the authority to go ahead with this since August 21, 2007. Mr. Russell: And if that being so if you’ll just endorse that again I’ll be more than happy --- Mr. Hatney: What do all of sudden do we (unintelligible). Mr. Russell: I’d like to not do anything and if that be true with what you say and I agree. Let’s get it done. Mr. Mayor: Here again this is based on our financial advisor, the bond council. You know this isn’t just Mr. Russell saying it but. Okay, we have a motion and a second. Commissioner Grantham? Mr. Grantham: I was going to have a comment but I’ll hold it right now, Mr. Mayor. Mr. Mayor: If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Johnson, Mr. Mason, Mr. Holland and Mr. Hatney vote No. Ms. Beard abstains. Motion fails 5-4-1. Mr. Mayor: Mr. Russell, first, then I know --- Mr. Russell: Then if I may, Mr. Mayor, can I ask for some clarification because Dr. Hatney raised a good point. If I was directed two years ago to get this done without any further action and it would be my understanding that I have the authority to do this anyway. Mr. Hatney: No, had the authority what you brought here. Have you ever thought to do what you already been authorized to do. Mr. Russell: To build these two buildings and revitalize Laney-Walker. Mr. Hatney: No, no, no. Revitalize Laney-Walker and Bethlehem because you’ve already been given authority to do that and to continue with the Tee Center. But you don’t have the $25 million in that. You’ve been authorized to do it because the document was signed. Yeah, it is. 35 Mr. Mayor: Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. Since I voted for the motion two years ago and understand what it was. It was for a dollar fee to be implemented on hotel rooms. And I would suggest legal counsel look at that and I’d like the immediate disbandment of the dollar fee collection if we’re not going to build the Tee Center, which was the motion. Mr. Mayor: Ms. Beard. Ms. Beard: Mr. Russell, it was approved, it was approved that we move forward with the Laney-walker/Bethlehem project. That project has been ongoing and the only thing they came back to you for was to issue bonds. And how it happened to get in the middle of this I don’t know because it shouldn’t have. And you can say tied at the hip but you know some decisions were made during that time and we have two things really going on right now to balance things. We have $20 million for the Tee Center and $37.5 for Laney-Walker/Bethlehem as approved two years ago. Mr. Hatney: Exactly. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Mr. Mayor, I beg to differ with Ms. Beard because it was she and myself that discussed this very carefully and very openly with each other as well as with our colleagues that these two projects would be a joint effort. There would be a joint effort to the point that we added and I along with Mr. Brigham, along with the Convention Visitors Bureau came up with the idea of the one-dollar bed tax that allowed us to have additional funding for the Bethlehem/Laney-Walker projects. In addition to that it was going to get us about a $1,1000,000 dollars if I recollect. $750,000 was to go the Bethlehem/Laney Walker area, the additional monies was to go to the operation of the Tee Center. Because the operating contract had not been completed it had been brought to us that could very possibly be a short fall in the early stages of that operation. That being the case once it was in a profitable position those funds would be reverted back and dispersed in other areas. So call it joined at the hip, call it joined at the arm, call it anything you want to but, Ms. Beard, you and I agreed on this. And let me finish, please, I have the podium, that of this purpose was to try to revitalize the downtown area as well as build a Tee Center. That once we made that announcement Fred Russell had more people interested in doing things downtown with motels with other types of projects with moving back downtown and developing their own businesses that we have ever seen. And that continues to be so. So I can’t sit here and not make the statement that if we’re not going to approve this and build this Tee Center as we said we were going to do I’m going to ask that we ask Mr. Russell to look into the funding of Laney-Walker/Bethlehem and that we redistribute those funds along to other neighborhoods as well as Laney-Walker/Bethlehem that it be revitalized in the same fashion. Mr. Mayor: Okay. Mr. Grantham: South Augusta needs it just as badly. 36 Mr. Mayor: Okay, this actually this agenda item has been disposed of. It has been discussed. We need to move forward. Everybody has gotten to speak their piece on this. We’re moving on. Madam Clerk, next agenda item. Ms. Beard: I have something I would like to say. Mr. Mayor: Ms. Beard, point of personal privilege? Ms. Beard: Yes, sir. Mr. Grantham, Don --- Mr. Grantham: Thank you, Betty. Ms. Beard: --- you never talked with me in reference to this. Mr. Grantham: Come on, Betty. Ms. Beard: Fred was the only person that I spoke to in reference to it, you later but that decision came back from him. And you know it could be that this is where you made your mistake this time. You told me in January that this would be coming up and if I didn’t vote for it what you would do. Mr. Grantham: I would ask you --- Mr. Mayor: Okay, look, we will have no more personal issues drawn out. Ms. Beard: No, but I have one more thing I must say. And in all of these negotiations I was not included. Did we have any black commissioners included? Okay, so when you’re not included it’s hard for you to make a decision. And I’ve told you over and over about that. Mr. Mayor: Okay. Ms. Beard: I’m going along with the information that I have when I made my decisions. And this is my decision. So I finally determined the economy’s just not at a point where it should be for this type project especially when we can not pay the people who clean this building their price. And we have cut them the way we have. Mr. Mayor: Okay. Ms. Beard: It is gone all year --- Mr. Mayor: Ms. Beard --- Ms. Beard: --- and it has been okay. 37 Mr. Mayor: --- we have discussed this. We’re moving on. Madam Clerk, next agenda item. The Clerk: APPOINTMENTS 39. Consider the recommendations for appointment to the Community Service Board. Mr. Bowles: Mr. Mayor. Mr. Mayor: Mr. Bowles. Mr. Bowles: I know the representatives from the Health Board are here, the Community Service Board and I’d like to hear from them about their recommendations, the appointments. Mr. Mayor: And if you could state your name and address for the record, please, sir and we’ll give you five minutes. Mr. Speaker: I’m Staten Bitting, One 10th Street, Suite 700 along with Caleb Cooper. We are lawyers who represent the Community Service Board. In making appointment to this particular board the statute has a direction here which indicates that the governing authority that is this Commission shall ensure that such appointments are selective of the cultural and social characteristics including gender, race, ethnic and age characteristics of the Community Service Board area and county populations. This particular service board is made up of appointees from Augusta Richmond County, from Columbia County, Wilkes County, Lincoln County maybe one or two others and right now this county has three spots that are up for appointment. What the committee, membership committee of the Community Service Board did was gather names of people who would be interested, short biographical sketches. There was a meeting of that committee and recommendations were made. Those recommendations went to the Community Service Board as a sitting body and they have now provided six names to you as recommended persons for appointment. Only three spots but the Community Service Board membership voted on this wanted to give some options because of the directions that’s been given here in the statute as to how the appointments are to be considered. And what you have there before you is the recommendation of the Community Service Board. I might also mention that Item 40 on your agenda is a related item and should be considered at the same time you’re doing this because that’s a request for an appointment to this same Community Service Board of a sitting who served two terms and is now has been a motion to reappoint for a third term. But that, the committee and the Community Service Board in it’s meeting chose the six that you see before you here today. If you have any question about the demographic makeup of the existing committee or how it would look after the recommendations Ms. Cooper has that information if any of you want to ask her any questions. That’s what we wanted to stress here is that we’re looking for people that have certain things to contribute here. The statue in the case for example people with financial backgrounds are to be considered as desirable on this because this is an organization that provides services, oversees the providing of services to some of the most vulnerable, some of the most needy people in our entire community, provides help in crisis times 38 to families and so a lot of looking went into these backgrounds these folks have been recommended by this service board and its committee. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Mr. Mayor, based on the board’s recommendation I’d like to make a motion we approve Ms. Blackwood, Mr. Showman and Ms. Brown to the Committee. Mr. Mayor: Is there a second? Mr. Brigham: I don’t think nominations require a second, Mr. Mayor. Mr. Mayor: Okay. Ms. Beard. Ms. Beard: I believe when I spoke with the Clerk of Commissions she mentioned that you have another Board. Is that correct? The Clerk: Yes ma’am. On our Community Service Board the Commission has four appointments according to the population of Richmond County. In the past this Board has been appointed by the Commission. While you’re under no obligation to consider the recommendations from the Board you can. The appointments were made prior to that. The statute, the legislations said that recommendations had to come from the Board of Health to the Commission and then you would decide whether you wanted to make that recommendation or accept that recommendation. That part of the legislation has since been done away with. The Commission can directly make an appointment or you can consider the recommendation from the Community Service Board. The Region 12 Board has a number of appointments that are up for reappointment as well and I think that some of the people that were submitted by the Community Service Board could fit on the Region 12 Board, which we have four appointments and all of those have expired. So you can look at that list of recommendations and appoint those folks to the Region 100 Board because they all work in concert with each other. In fact the Region 12 Board has oversight over the Community Service Board. Mr. Mayor: Okay, Commissioner Brigham and then back to Commissioner Beard. Mr. Brigham: Mr. Mayor, I’d like to nominate Dr. Charlene Andress. Mr. Bitting: Mr. Commissioner, I believe she is still on there --- Mr. Brigham: I believe --- Mr. Bitting: Her term is not up --- Mr. Brigham: From the way I read your letter or your Board’s letter she is not reappointed when her term was up and I would make that appointment, make that nominations. Mr. Biting: Isn’t she still --- 39 Mr. Brigham: She might still be serving but I don’t think she’s been re, I believe it was up last year. Mr. Biting: Well, if no one --- Mr. Brigham: If nobody has been appointed --- Mr. Biting: Their term continues for another term. Mr. Brigham: I understand that. We’re fixing to replace her with somebody else and I think --- Mr. Bitting: I thing these three that are nominated were not hers as I understand it. Mr. Brigham: You just got through saying we had four positions, we’re nominating three people and the one that’s left that four people if I count correctly. And the last time I can do it I think I can get to four. Mr. Mayor: Yes, ma’am. Ms. Cooper: On the letter what it says was the reappointment for Dr. Andress, no action taken. The Clerk: That’s what he said. Mr. Brigham: That’s what he said. The Clerk: No action was taken, was not reappointed. Mr. Mayor: Okay. We have a motion on the floor. The Clerk: Well, Mr. Brigham nominated Ms. Andress be reappointed. Mr. Bowles nominated three. Are we allowed --- Mr. Mayor: Okay, and Ms. Beard do you want to make your nomination? Ms. Beard: Stella Nunnally and she’s sitting right over there. Mr. Mayor: Okay. The Clerk: Mr. Bowles, who are you nominating? Mr. Bowles: B.J. Blackwood, Mr. Showman and Ms. Brown. The Clerk: So each Commissioner can nominate three? 40 Mr. Mayor: No, Ms. Attorney, Madam Attorney? Ms. Johnson: You’re going to have to take a vote on the nominees because they’ve been defeated before and you have to take a vote individually. Mr. Mayor: Okay. We will vote them individually as submitted. Madam Clerk, you have the --- The Clerk: I did have the list. Mr. Mayor: Mr. Mason. Mr. Mason: Yes, while she’s doing that I just wanted to make sure there’s clarification because I thought I heard something about two boards and authorities that so there’s two Boards, nominee positions are open. The Clerk: Well, there’s a total of eight --- Mr. Mason: Total of eight. The Clerk: --- for the Region 12 Board because you can consider some of the folk that are on the letter for the Community Service Board. They can also sit their criteria can sit for appointment for the Region 12 Board. Ms. Nunnally has been on the Board. Mr. McQueen no longer desires to be reappointed. Apparently Ms. Andress does and Mr. Herndon lives in Columbia County. So we have two that are presently on the Board that are eligible for reappointment Ms. Andress and Ms. Nunnally. So we need to consider two if we would if the Commission desires to can consider an appointment to replace Mr. McQueen and an appointment to replace Mr. Herndon with the reappointment of Ms. Andress and Ms. Nunnally. Mr. Mason: And there we go. Mr. Mayor: Yes, ma’am. Ms. Cooper: The board, the Community Service Board the one that we’re talking about Mr. Herndon is not what you all are voting on. It’s for the Richmond County seat. His name was not submitted for the Richmond County seat. This is for the Richmond County for the Community Service Board not the Region 12 Board. The Clerk: That’s what we just said, Madam. Mr. Herndon’s seat is considered open. Ms. Cooper: No, ma’am I’m talking, it’s two separate boards. You all need to select someone for the Richmond County Seat of the Community Service Board not the Region 12. The Clerk: No, ma’am. Mr. Herndon was originally on the Richmond County Board. He now resides in Columbia County so his seat will be considered open for Richmond County. 41 Mr. Brigham: Mr. Mayor, point of personal privilege, please? Mr. Mayor: Um, Mr. Brigham how can --- Mr. Brigham: Mr. Mayor, is Ms. Nunnally’s seat is her term expired? The Clerk: Yes, sir. Mr. Brigham: That’s what I didn’t understand. I was under the impression her term had not expired. Mr. Mayor: Okay. The Clerk: All the seats on the Community Service Board have expired --- Mr. Brigham: Okay, thank you. The Clerk: --- for Richmond County. Mr. Mayor: Okay, so just going for --- The Clerk: We have two eligible for reappointment that are currently serving on the Board, which is Ms. Charlene Andress and Ms. Stella Nunnally. We have two open seats currently held by Mr. McNeil and was previously held by Mr. Herndon --- Mr. Brigham: Correct. The Clerk: --- for Richmond County. So we have, you can take a vote to reappoint the two that are currently on, reappoint them or you can --- Mr. Mayor: Okay, let’s --- Mr. Bowles: --- Mr. Mayor voting for nominations (unintelligible) Mr. Mayor: Okay, let’s --- The Clerk: Mr. Bowles, we’re going to need one from you. According to the Attorney’s you can only do them individually and you gave me three. Mr. Mayor: No, we’ll vote on them individually as submitted. The Clerk: Okay. Ms. Blackwood. Mr. Mayor: Okay, Commissioners will now vote by the usual sign on Ms. Blackwood. 42 Mr. Holland: Is Ms. Blackwood present? Mr. Mayor: No, Ms. Blackwood is not present, B.J. Blackwood. Ms. Beard: Lena, I’d like to change mine to yes. The Clerk: Okay, just hit the yes button. Mr. Mayor: Mr. Smith, I’m sorry. Mr. Smith: Thank you, Mr. Mayor. I’d to make a substitute motion that we send it back to Committee and let them thrash it out and bring it back to us. Mr. Mayor: Nominations were closed and so we have to vote on the nominations as they stand. (Vote on Ms. Blackwood) Mr. Mason, Mr. Smith and Mr. Hatney vote No. Motion carries 7-3. The Clerk: Okay, and I believe your other one was Mr. Showman, Mr. Bowles? Mr. Bowles: Yes, ma’am. The Clerk: Okay, Mr. Showman. (Vote on Mr. Showman) Mr. Mason, Mr. Hatney and Ms. Beard vote No. Motion carries 7-3. The Clerk: Okay, the next one I think you recommend Ms. Brown, Mr. Bowles? Mr. Hatney: Who is this now? Mr. Holland: Decara Brown, Decara Brown. She’s an attorney. (Vote on Ms. Brown) Ms. Beard, Mr. Johnson and Mr. Hatney vote No. Motion carries 7-3. The Clerk: Okay and Mr. Brigham, Ms. Andress. (Vote on Ms. Andress) Mr. Bowles, Mr. Jackson, Mr. Brigham, Mr. Smith and Mr. Grantham vote Yes. Ms. Beard, Mr. Johnson, Mr. Mason, Mr. Holland and Mr. Hatney vote No. Motion ties 5-5. 43 Mr. Mayor: And somehow my vote’s not working. I voted yes to take the recommendation. The Clerk: You’re voting yes, Mr. Mayor? Mr. Mayor: Yes, ma’am. The Mayor votes Yes. Motion carries 6-5. The Clerk: Okay. The four appointments to the Community Service Board would be Ms. Blackwood, Mr. Showman, Ms. Decara Brown and Ms. Andress. Ms. Beard: I’m sorry but wouldn’t you include all of them, Ms. Nunnally too? The Clerk: No, ma’am. Ms. Beard: I am saying and then take the ones with the highest vote? The Clerk: No, ma’am. Ms. Beard: No? Okay. The Clerk: Whoever got six votes went forward. Mr. Mayor: Okay, I believe that disposes of the agenda other than a Legal meeting? Ms. Johnson: Yes, sir. Mr. Mayor: Madam Attorney? Ms. Johnson: Pending and potential litigation and administrative proceedings please. Mr. Mayor: Can I get a motion to go into Legal for those reasons? LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 41. Motion to approve going into a Legal Meeting. Mr. Jackson: So moved. Mr. Brigham: What are the two reasons, I’m sorry. 44 Mr. Mayor: Do we have a second? Ms. Beard: Second. Mr. Mayor: Madam Attorney, could you please repeat the? Ms. Johnson: Yes, settlement, pending and potential litigation and administrative proceedings. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Bowles, Mr. Mason, Mr. Jackson and Mr. Hatney vote No. Motion carries 6-4. Mr. Mayor: We’re in Legal. [LEGAL MEETING] Mr. Mayor: Okay, I’ll go ahead and call the meeting back to order. 42. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. The Mayor: Can I get a motion to that effect? Mr. Holland: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Ms. Beard, Mr. Bowles and Mr. Hatney out. Motion carries 7-0. Mr. Mayor: We stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission 45 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 May 5, 2009. __________________________________ Clerk of Commission 46 47