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HomeMy WebLinkAboutCommission Meeting January 6, 2009 REGULAR MEETING COMMISSION CHAMBER JANUARY 6, 2009 Augusta Richmond County Commission convened at 2:00 p.m., January 6, 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 Kelly McKnight, Pastor, Bible Deliverance Temple. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: If everybody’s ready to go I will call to order the first meeting of the New Year and I’d like to call on my friend, Reverend Kelly McKnight, Pastor Bible Deliverance Temple for the invocation. Please stand. Madame Clerk, on to the presentations. Oh, excuse me. Pastor I forgot I’ve got something for you. Office of the Mayor. By these present be it known that Reverend Kelly McKnight, Pastor of Bible Deliverance Temple is Chaplain of the Day for his civic and spiritual guidance demonstrated throughout the community. Serves as an th example for all of the faith community. Given under my hand this 6 Day of January 2009. Thank you for that wonderful invocation. (APPLAUSE) Okay Madam Clerk now the recognitions, presentations. The Clerk: PRESENTATIONS A. Mr. Steve Abbott, Chief Ranger RE: Forestry Department Annual Report. Mr. Mayor: And if you could keep it to 5-minutes please sir. Mr. Abbott: Yes, sir, I sure will. Thank you. I’d like to say good afternoon and Happy New Year to y’all too. Okay um, I would like to read the mission statement and the vision statement for the Georgia Forestry for the ones that don’t know. We’re here to provide leadership services and education in the protection of stewardships in Georgia’s Forestry resources. Our vision is healthy sustainable forests to providing clean air, clean water abundant products for future generations. And if you guys will follow along on page 2. That our unit personnel has not change. It’s the same staff level. The administration costs roughly we spend about $59,000.00 in the county plus salaries and the county pays about 4-cents an acre for fire protection for us to be here so it’s a good bang for your buck perse. Okay, in our fleet this year we acquired a new heavy duty Ford F250 with a 190-gallons of water and it’s used for fire control and controlled burning throughout the county. On page 3 and our fire protection pretty much while we’re here it’s our bread and butter. We had a total of 47 fires this year, 21 were debris burning, excuse me in cinerary fires. We’re also back up to a lot of other fires in the county for the fire department. Our job never ends with fire control. And if you’ll notice the 1 graft down below of course we had an average fire size of almost 7 acres per fire, which is larger than the state average. But these larger acreages are due to because of fire weather high winds and low humidity and some night fires that go undetected and they kind of skunk around and chew up acreage. They don’t do a lot of damage but the acreage is kind of big. But we are above the state average but we’re still below the national average. So um, that’s something there. On page 4 I would like to talk about Richmond County Spirit Creek Operation. For the ones that don’t know that that’s a 570-acre working forest in south Richmond County. It’s a hands on learning experience for all of our youth in Richmond County and Columbia County, the surrounding CSRA actually. But if you’ll notice that graft at the very bottom Richmond County we produced 1,074 students about 253 adults for 281 programs. These are good numbers. We are reaching a lot of students that really don’t know about forestry and so we’re promoting that to these young kids for our future generations hoping that they understand the benefit of the natural resources in forestry. On page 5 again here’s another program that reaches out to a lot of adults and students and that’s our fire prevention. We had a total of 26 programs. Within Richmond County we reached over 4,000 people. And other fire prevention related systems offered by the forestry unit personnel include plowing pre-suppression fire breaks, standing by for controlled burns, giving land owners good advice on safe, legal and burning practices and fire danger weather. We did assist on 135 acres with controlled burning and we plowed three miles of firebreaks. On page 6 the Information Education. There’s a lot of our numbers. We’ve answered the phone over 8,000 times and that’s kind of hard to capture to be really true but we get anything from a snake in the garage but we have to answer that phone you know 8-hours a day just like everybody else does. We get a lot of calls in forestry. We send out a lot of letters we work real close with our news medias and try to pass the word on anything that’s happening in our area. We have some special projects. We continue to try to do these with funding available. The Christmas parades and our Arbor Days the Juvenile Fire Center Program and of course the Youth Challenge Academy out at Fort Gordon. We mentor those kids and get them interested in forestry. A lot of them have the, when they get exposed to us they’re very excited and they, I think they leave here thinking about forestry and that’s um, I’m real proud of that. Okay on page 7 Tree City USA. This continues to be a great honor for the City of Augusta Richmond County. This puts you on the map this makes you eligible for grants. I hope you guys keep up the good work and continue to keep Tree City USA going. Going down to reforestation. It looks like we had 23 seeding applications. That doesn’t sound like a whole lot but we sold over 44,000 seedlings and those trees are being planted somewhere in the CSRA in Augusta Richmond County so I’m real proud of that. We did have some major new construction at the county unit this year. We had a new floor put in the crew room. We had a new roof put on the county office and we’re always looking for ways to improve building and grounds for the unit upkeep. As we move on to page 8 and this is our closing I would like to read the whole closing for the whole audience. As stated in our mission statement and visions our purpose is not only to report our numbers and statistics for the previous year but to do all we can do to make Augusta Richmond County a better place to live. We work here we raise our families here and we believe that we can make a difference for generations to come. To see more about our organization please visit our website at GATREES.ORG. And I would be happy to entertain any questions you might have about the agency of forestry on many things. Okay thank you very much for your time. Mr. Mayor: Thank you, Steve. Madam Clerk, on to the recognitions. 2 The Clerk: RECOGNITIONS Employee of the Year Award B. Presentation of the 2008 Employee of the Year Award. Ms. Russell: Good afternoon, Mayor, Ms. Mayor Pro Tem and Commission. The Employee Recognition Committee as is customary was tasked with selecting an Employee of the Year. The Employee of the Year is selected from the monthly winners from the year of 2008. At this time I’d like to ask for the monthly winners to join the Mayor up here at the front as I call your name. Jeffrey Lewis. Stanley Carter. Cynthia Williams. Chris Mullin. Travis Griffin. Tammy Faulkner. From the employees that you see before you these were the monthly winners for the winner of 2008 and from this we were tasked with selecting the Employee of the Year. We take this task very seriously. Myself, James Riles, Joyce Ford, Mike Edwards and Chris James. The Employee of the Year was Jeff Lewis. (APPLAUSE) I’d like to give everyone who’s standing before you a hand. It’s not a simple measure you know to get nominated. We receive several nominations so it just shows the measure of what the employees of Richmond County. They’re dedicated, they’re loyal employees and they work hard. (APPLAUSE) Mr. Lewis: I just wanted to say thanks. I’ve enjoyed working for the city for the year and ten months I’ve been here. You know I want to congratulate all of the others. I look forward to many more years at IT. Thank you. (APPLAUSE) Mr. Mayor: Next agenda item, Madam Clerk. The Clerk: ELECTIONS OF OFFICERS C. Election of Mayor Pro Tempore for 2009. Mr. Mayor: Okay, before I open the floor to nominations I just want to say that I am certain that anybody up here we’ve got such a great Commission would serve as a fine Mayor Pro Tem. I also want to congratulate once again Betty Beard for such a wonderful two years of service. And I would just ask that we handle this in a polite fashion that we introduce the nominees or that we nominate individuals and then we vote on them in order that they’re nominated. So with that I’ll open the floor to nominations. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. And I also would just like to say to Ms. Beard. She did a fantastic job for the two years that she held the position and we certainly appreciate that you did it with elegance and you did it with grace. And whomever it is that comes behind has some big shoes to fill and I’m sure they’ll be able to do that but at the same time we do appreciate what you’ve done for this city and we’d just like to give you a round of applause. (APPLAUSE) Mr. Mayor, at this time I’d like to nominate Commissioner Hatney for the position of Mayor Pro Tem. 3 Mr. Mayor: Commissioner Bowles. Mr. Bowles: Mr. Mayor, I’d like to nominate Commissioner Grantham. Mr. Mayor: Any further nominations? Yes, sir, Commissioner Holland. Mr. Holland: Move that the nominations be closed on those two names. Mr. Mayor: Do we have a second? Mr. Mason: So moved. Mr. Mayor: Okay, nominations are now closed and we will vote on them in that order. The Clerk: Commissioner Hatney. Mr. Bowles, Mr. Jackson and Mr. Grantham vote No. Mr. Brigham and Mr. Smith abstain. Vote fails 5-3-2. Mr. Mayor: Next nominee, Madam Clerk. The Clerk: Mr. Don Grantham. Ms. Beard, Mr. Johnson, Mr. Mason, Mr. Holland vote No. Mr. Hatney abstains. Vote fails 5-4-1. Mr. Mayor: Okay, Lady and Gentlemen, as I believe, Madam Attorney, we do need to chose a Mayor Pro Tem today so I believe it would be proper to reopen the floor. I look for a motion to reopen the floor. Mr. Mason: So moved. Mr. Johnson: Second. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Mr. Mayor, in view of the fact that they don’t want me or Mr. Grantham it don’t seem like, I recommend Calvin Holland. Mr. Mayor: Okay, did we need to, we had a motion and second. Did we need to approve that motion? Okay. We have a motion and a second to reopen the floor for nominations. If there is no further discussion Commissioners will vote by the usual sign. Mr. Smith abstains. 4 Motion carries 9-1. Mr. Mayor: Okay, now Commissioner Hatney, I believe it would be appropriate for you to submit your nomination. Mr. Hatney: I’d like to submit the name of Commissioner Calvin Holland, please. Mr. Mayor: Do we have any further nominations? Mr. Brigham: Mr. Mayor, I nominate Don Grantham. Mr. Mayor: Do we have any further nominations? Mr. Mason: Mr. Mayor, I move that the nominations be closed. Mr. Hatney: Second. Mr. Mayor: Okay, we have a motion and a second. Commissioners will now vote by the usual sign. No, well, we were just approving, no, I’m sorry, I was just approving that the nominations be closed. Okay, nominations are closed and we will vote on the nominees in order of nomination. Madam Clerk. The Clerk: Commissioner Calvin Holland. Mr. Bowles, Mr. Jackson, and Mr. Grantham vote No. Mr. Brigham and Mr. Smith abstain. Vote fails 5-3-2. Mr. Mayor: Next nominee, Madam Clerk. The Clerk: Mr. Grantham. Mr. Johnson, Mr. Mason, and Mr. Holland vote No. Ms. Beard and Mr. Hatney abstain. Vote fails 5-3-2. Mr. Mayor: Okay, Lady and Gentlemen once again as we need a Mayor Pro Tem today, I look for a motion to reopen the floor to nominations. Mr. Grantham: So moved. Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. 5 Motion carries 10-0. Mr. Mayor: Commissioner Holland. Mr. Holland: Mr. Mayor, apparently they don’t want Mr. Grantham, Mr. Hatney nor me so I’d like to take this opportunity to nominate Mr. Alvin Mason for Mayor Pro Tem. Mr. Mayor: Do we have any further nominations? Do we have a motion that the nominations be closed? Mr. Holland: So moved. Mr. Hatney: Second. Motion carries 10-0. Mr. Mayor: All righty we will now vote on this nominee. The Clerk: Commissioner Alvin Mason. Mr. Smith and Mr. Grantham abstain. Motion carries 8-2. Mr. Mayor: Congratulations, Commissioner Mason, or should I now say Mayor Pro Tem Mason. (APPLAUSE) Okay, now that we’re done there, Madam Clerk, on to the delegations. The Clerk: DELEGATIONS D. Mr. Bryan Williams of Bryton Entertainment LLC RE: Tuskegee Airmen Documentary. Mr. Mayor: And if you could keep it to 5 minutes, please, sir. Mr. Williams: Good afternoon guys. I’m Bryan Williams of Bryton Entertainment. We’re a Christian production video company here in Augusta Georgia. Over the last year and a half we’ve put together a documentary on the Tuskegee Airmen. We traveled all over the country interviewing these guys and we put together what they’re calling the most inclusive documentary ever done on them. In this time in this age and in this city we thought how cool would it be to actually premiere it here at the Imperial Theater. We’ve put right at $25,000.00 of our own money in it. We’ve just now got around to getting sponsors. You know we wanted to do as much as this as we could ourselves. We’re bringing in six original Tuskegee Airmen for th the premiere on January 17 at the Imperial and we just think it’s just a wonderful, wonderful story. Our whole, you know our mission for our company is to just do kind of the right things, get good messages out there show how you know how we’ve come so far you know since. In 1925 there was a war college study that said blacks could not fly. They didn’t even have, they 6 didn’t have the brains to fly, they didn’t have the intelligence to fly and to go from that to what’s going to happen you know three days after our premiere in Washington is pretty incredible. All politics aside it’s just an incredible statement I think for us as a country. These guys are so excited about this happening. They’re so excited to come here and so excited to meet you guys. We did a small showing in Tuskegee just mostly for the airmen. The documentary is going in the National Museum in Tuskegee and everybody there said this is incredible and they cried, they laughed and they said finally you know someone’s let us tell our story. We don’t have experts telling this documentary. We have the Tuskegee Airmen, 17 of them telling their story. Of the ones who went over seas there’s only about 90 left so these guys are going fast. They’re in their late 80’s and early 90’s. And like I say we’ve got six of them coming here. What we were asking and you know it’s cool with me whatever you guys decide because we’re going to bring it anyway we’re going to do it anyway. What we’d like is $1,000.00 to bring in the last guy for our event programs. That would be something I guess the city would sponsor. I don’t even know how this works. If that’s not how it works than like I said that’s cool you know we’re going to do it anyway. But I wanted to invite all of you guys. If it’s something the city does sponsor of course every one of you guys gets your own ticket and your own documentary. And we can have them sign it there that night. So an incredible event for Augusta. A lot of big names have talked about coming. I don’t want to mention anybody here just because you know big names sometimes don’t show up. But um, but it’s a real incredible night it’s just an incredible thing. It’s taken us a year and a half to do it and right here out of Augusta Georgia. Thank you, guys. Mr. Mayor: Thank you, sir. Commissioner Holland. Mr. Holland: Go ahead, Mr. Mayor. Mr. Mayor: I was waiting for Mr. Russell. It looked like he was about to say something. Commissioner Holland. Mr. Holland: Mr. Mayor, Commissioners. First of all let me commend you for coming forward with this information with us today in reference to the Tuskegee Airmen. I’d like to simply say that I had an opportunity to meet several of the Tuskegee Airmen. As a matter of fact I just shared with the gentleman I’m reading the book now. It’s called the A-Train. If you haven’t had an opportunity to read that book you need to get that book and read it in reference to what these men went through, what they’ve accomplished and what they accomplished during the time that they were in the military and what they had to share with their families when they got back home to the United States and what they had to go through when they got back to the United States after flying. When you said fly I wanted to make sure he said flying airplanes. And they never lost among them. So I mean this is something that as Americans, not African Americans but as Americans we should be proud of to see these men come to Augusta and share their stories with us. And I’m just so proud to have the opportunity to have met several of them at a banquet over at the Ramada Inn I think it was last year we had that banquet that we presented a proclamation to you at that time. So I would hope that the Administrator would hopefully find something in the general fund that would maybe be able to assist bringing this other gentleman here to the Augusta area and I would hope that we would support this as much 7 as we possibly can because it’s a tremendous affair and these gentlemen just have a whole lot to be proud of. And we should be proud of them as Americans. Mr. Williams: Could I add one thing to what he said? Colonel Dryden, that’s A-Train. He died shortly after we interviewed him. We got the last interview with him and he told us you know, he told us two weeks prior to our interview that he had woke up in his study in his house and heard what he felt was God saying “Thou shalt not kill”. And he started thinking about his days in the war. And he said you know as a fighter pilot you’re not killing people you’re killing planes. You know you’re not seeing who you’re shooting. And he told us that he felt like that night he made his peace. Like he finally after all those years made his peace. Shortly after that he passed away. So it’s interesting to have him in there giving his story. Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, I believe this is unfortunately a speech I’m going to have to make a lot this year as we continue to move forward with our budget and being in the tight situation we’re in. I would not be able to recommend we take funds to supplement this even though I too was able to go to that dinner and found that to be a very, very enlightening situation there and would support that. I do suggest that we use the normal policy that we’ve done in the past. For those Commissioners that would like to attend that we do purchase tickets and take that approach to this particular event. Mr. Mayor: I’m going to make this easy. My father is a World War II veteran who flew B-17 Bombers in WWII. His health is not good. I will personally sponsor it in his name and in the name of this government. (APPLAUSE) Mr. Williams: Thank you very much. Mr. Mayor: Thanks y’all and thanks for all y’all do. Mr. Holland: Everything’s gonna be fine in 209. Mr. Mayor: All right. Madam Clerk, on to the consent agenda. The Clerk: Yes sir. Consent agenda consists of item one. Mr. Mayor: Do we have any additions to the consent agenda? Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: I’d like to add item two. Mr. Hatney: Item what? 8 Mr. Brigham: Item two. Mr. Hatney: To the consent agenda? Mr. Brigham: To the consent agenda. Mr. Mayor: Commissioner Bowles. Mr. Bowles: I’d like to take item one and move that forward to next weeks committee meetings --- The Clerk: Addendum agenda, Mr. Bowles? Mr. Bowles: --- and then request the Attorney --- Mr. Hatney: And two. Mr. Bowles: I’m sorry, item two to the addition. The Clerk: On the addendum agenda. Mr. Bowles: On the addendum, yeah. Mr. Mayor: Okay. And we didn’t get unanimous consent on number two. Okay, do we have any obviously I would say that we didn’t have any items to be pulled from the consent agenda unless you want to pull the approval of the minutes. With that I would look for a motion to approve the consent agenda. Mr. Holland: So moved. Mr. Holland: Second. CONSENT AGENDA PETITIONS AND COMMUNICATIONS 1. Motion to approve the minutes of the regular meeting of the Commission held on December 16, 2008. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 10-0. [Item 1] The Clerk: Magnanimous. Mr. Mayor: Magnanimous. All righty, Madam Clerk, we’ll go on the first agenda item. 9 The Clerk: PUBLIC SERVICES 2. Motion to approve Bid Item 08-121A, Blythe Community Park Building addition to Stewart-Corbitt General Contractors for $99,200. Mr. Brigham: Didn’t we just approve that? Mr. Mayor: No, we didn’t. Commissioner Hatney had a question on that. Mr. Hatney: On the agenda? Mr. Mayor: No, no, no. Mr. Hatney: It was the --- Mr. Mayor: Two on the regular agenda. Oh yours was --- The Clerk: Your question was on the Addendum Agenda? Mr. Hatney: (inaudible) The Clerk: Okay, sorry. Mr. Bowles: Motion to approve. Mr. Brigham: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion on agenda item number two Commissioners will now vote by the usual sign. Motion carries 10-0. The Clerk: Item 3, Mr. Mayor? Mr. Mayor: Yes, ma’am. The Clerk: ENGINEERING SERVICES 3. Approve proposal from Graves Engineering, Inc. for Special Inspections and Construction Materials Testing Services in conjunction with the new Judicial Center. Mr. Mayor: Mr. Russell. 10 Mr. Russell: Mr. Mayor, if I may, item 3 and item 4 are companion items and I’d like to speak to both of them if we could. Mr. Mayor: Go ahead. Mr. Russell: What you have before you is a situation that we uncovered after we actually passed item 4 which is a contract for testing with ATC Associates. Upon reviewing that and then moving forward with that contract we were approached by Graves Engineering who had a previous arrangement with the city through the committee on the Judicial Center where they were doing environmental testing on the land for the Judicial Center. Upon reviewing that agreement and looking at the wording of the letter that was there it basically said they would be doing environmental testing and inspections based on for the duration of the project. I met with and individual from Graves Engineering, we talked at some length we were able to come up to an agreement which you have in front on you today which would actually split those testing and inspection arrangements between Graves and ATC Associates. The individuals from Graves had done inspections on the property and did environmental inspections and to move forward with that. This agreement basically was crafted by me to avoid future litigation, potential litigations at that particular point in time and to move the project forward. At this point I do not know what happened in 2003 or how that arrangement was developed or situated at this particular point in time but have come to the conclusion and the recommendation that we now carve out portions of that and they’re separate and distinct that can be measured for Graves and separate and distinct that can be measured for ATC Associates as we continue to move the judicial project forward. And that’s pretty much where we’re at, at this particular point in time. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Question one, Mr. Administrator. The item 3 mentioned that you, and if I’m not mistaken this is the group that we had no contract with. Mr. Russell: Yes, sir, there was not an official contract. They did it through a Request for Professional Services and we paid for those services based on a, the agreement and their response for our Request For Proposals. Mr. Hatney: They bid it through who because it didn’t come through this Commission? Mr. Russell: It --- Mr. Hatney: If it didn’t come through this Commission it’s not official. Mr. Russell: That occurred in 2003 and I really can’t --- Mr. Hatney: I’m not being funny, Mr. Administrator --- Mr. Russell: --- speak to that. Mr. Hatney: --- even if it was 2002 it wasn’t official. 11 Mr. Russell: I don’t disagree with what you’re saying, I just don’t know the answer to your question. Mr. Hatney: And they got paid for their work? Mr. Russell: Yes, sir, they did. Mr. Hatney: Who authorized them to get paid without a contract? Mr. Russell: They were paid through the professional service provision for the work that they did through the Judicial Subcommittee. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Mr. Mayor, I, too, like Reverend Hatney am troubled that a company says they have a contract with the city and, Mr. Russell, I believe you said that you looked at some sort of agreement that they had. Mr. Russell: They had responded to a Request for Qualifications back in 2003. Mr. Bowles: I would like to see it before I can vote on that. I’d like to see copies of all that correspondence. And further more I know it’s a $58 million dollar project but we’re going to be spending $12,000 more by splitting this agreement up rather than going with one firm. And I think that’s a bad way to start off this project. Mr. Russell: Fine (indistinguishable) Mr. Bowles: I’d like to make a motion that we just receive this as information and get detailed information and the correspondence back from 2002 and 2003 so we can make an informed decision can be bade at the committee meeting. Mr. Hatney: I second that motion. Mr. Mayor: We have a motion and second. Commissioner Grantham. Mr. Grantham: Mr. Mayor, you know we’ve been dealing with this thing for quite some time and I think when we passed the contract for the Judicial Center, when the proposal was made and Mr. Kuhlke as well as his committee brought forth the recommendation of getting a contractor, a general contractor that would be doing the work at a not to exceed price gave us the opportunity to go forward with this project. And in doing so these particular, this particular work and projects are within the scope of the project that we already approved. And based on that what we’re doing is receiving information as what needs to be approved on what you’ve already approved. So I can’t see the fact of getting all the detailed information back based on whether this company had a contract or didn’t have a contract. If the subcommittee engaged their services and they had rights to do so then I don’t see why we should be questioning every little 12 bit of contract that comes up or everything’s going to be an issue with the Judicial Center since it has already been passed. Mr. Mayor: Commissioner Mason, then Commissioner Holland. Mr. Mason: Thank you, Mr. Mayor. I’m a little unclear how we got to this point and I certainly understand Commissioner Grantham’s point that he’s making there in reference to where we are today. However I do have some real concerns about where we were yesterday and how we got to where we are today. And I think it hasn’t been cleared up as to whether there was an actual contract or whether there wasn’t. Now in part of that documentation and Mr. Bowles’s motion I would hope that he’s talking about if not I certainly would like to add it in there would be a purchase order, an invoice order to show where those funds came from and who approved those funds if in fact there wasn’t a contract. I think we have to begin this year on the right foot and for our taxpayers to let them know that we are very, very serious about the dollars that we’re spending our taxpayers’ dollars. So if he could add that, if that was a part of your motion, Mr. Bowles, that part of the documentation? Then I don’t need to add anything further to that. Mr. Mayor: Commissioner Holland. Mr. Holland: Yes sir, thank you, Mr. Mayor. I’m like the little boy in school. Commissioner Mason almost said exactly what I was going to say. But I’m under the impression that as Commissioners here that we should have the opportunity to regardless how large a contract is, how small a contract is as Commissioners when we’re spending the taxpayers money we should be able to question at any time that we see that we need to question a contract. So I don’t think that that should be a problem regardless of what has happened in the past. That was then this is now. If a contract has come up if an agreement has come up and we don’t have a contract for it then it’s null and void. So I’m along with Commissioner Bowles and Commissioner Mason. I don’t think we should follow up with this right now until we get some more information pertaining to this to make sure that as stewards of the taxpayers’ money that we do the right thing. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Commissioner Bowles, does your motion include three and four or just three. Mr. Bowles: Just three. Mr. Hatney: Just three? Mr. Bowles: Yes, sir. Mr. Hatney: My question to the Administrator is, then, is there a contract for ATC? There is a contract with them, right? 13 Mr. Russell: Yes, sir, there is and in lieu of the conversation it would be my suggestion that we go ahead and continue the ratifications, which has already been ratified. The contract with ATC you reject my proposal in relationship to the settlement with Graves and we continue to move forward. Mr. Mayor: Would anybody like to make a substitute motion to that effect? Mr. Hatney: To reject three and approve four? Is that the motion you want? Mr. Russell: What you would be doing, sir, would be to reject my proposal that we split the two up and then --- Mr. Hatney: Authorize four? Mr. Russell: --- authorize the continuation of the contract with ATC and we’ll just take our chances with that. Mr. Hatney: I’ll make that motion. Mr. Mayor: Substitute motion. Mr. Hatney: Substitute motion. Mr. Holland: I’ll second it. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I do have a question for Legal. Being that this is the case and this is something that was authorized in 2003 and it wasn’t a legitimate contract what role does that play with now trying to run in conjunction with an existing contract and it would it be out of order to do so. Because I don’t think, I mean what is going on with Graves right now I don’t think is absolutely legal or is it not. Ms. Johnson: Well, we haven’t seen a contract but the letter that Mr. Graves has promised him the ability to perform while the project was going on at the Judicial Center site. In addition to that he has been performing and we have been paying him. We’ve been enriched by the performance, we’ve paid him for the performance and essentially we ratified the performance. I think you are in a worse position by not splitting the contract. Additionally Graves is performing work that is different than the work that ATC would be performing. I think you do yourself a disservice by just awarding the contract to ATC. Mr. Johnson: Okay, well, let me ask you this. Is it legal, another words those funds had to come through the subcommittee, right? Ms. Johnson: Again I haven’t seen it. Somebody approved those forms, funds I’m sorry. Whether it was the subcommittee certainly it was not the Commission because there was no 14 contract that any of us could find other than the letter, the Professional Services Agreement and this was produced by Mr. Graves. It wasn’t something that we had. Mr. Johnson: What I’m trying to figure out is at what point and how much does it have to be or not have to be to go through a subcommittee or anybody else to approve a payment of something like that without it coming before the Commission. Ms. Johnson: Well, state law provides when and where you can bind a local government and for how long. Specifically the amounts, it depends on how much the contract is. Certainly anything over $25,000 has to have the approval of this Commission. Mr. Johnson: Thank you, Mr. Mayor. Mr. Mayor: Commissioner Beard. Ms. Beard: Mr. Mayor, now you stated that I’m wondering if Graves worked on the property at Walton Way and James Brown Boulevard? Ms. Johnson: I think the Administrator may have to answer that for you. Mr. Russell: Uh --- Mr. Hatney: He don’t know. Mr. Russell: They were doing testing back in 2003 on the properties themselves that were considered at that point. I can’t specifically tell you if they worked on that or not. Ms. Beard: Well, I was asking because I know we determined that it would be that location after I came on board. And I came on board in ’04. Mr. Russell: Right. Ms. Beard: And at that time we needed to do the soil testing of that property. Mr. Hatney: And they charged us for it. Ms. Beard: And I don’t know about others but I remember clearly that we made the decision to move to, to put the Judicial Center of this property and we were purchasing the property from different individuals and entities and need to test the soil. Mr. Hatney: Mr. Mayor. Mr. Mayor: Commissioner Hatney, then Commissioner Mason. Mr. Hatney: My concern is I really don’t like to be put in a position and have somebody tell me that you need to go on and do this when there is no contract nowhere. Something’s 15 wrong with that picture. I cannot vote for that kind of stuff. Something’s wrong with that picture. I don’t care if he worked two years, if there’s no contract, nobody had the authority to put him to work. Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: Yes, thank you, Mr. Mayor. I think it’s abundantly clear that we don’t have the type of information that we need, factual information that is to move forward with this particular agenda item. I think that we would be doing a disservice not only to ourselves as a Commission body but to this city as a whole. I think we’ve got to get to the bottom of this so that we can feel confident about voting and moving forward either on the upside or the downside. I don’t have that confidence as I’m sitting here today with the information or lack of information that I have in front of me in order to make that decision. I would hope that we could move on with Mr. Bowles’ motion because I’m not sure how we can continue to move forward with this today. Mr. Mayor: Ms. Johnson. Ms. Johnson: One last thing. If we do move on with Commissioner Bowles’ motion I think this brings up the authority or questioned authority of the Judicial Center Subcommission or Subcommittee. That needs to be something you address as well and look at and make sure that there are adequate protections and reporting requirements for them. Mr. Mayor: Ms. Beard. Ms. Beard: I would just like to, I’m wondering if this is going to in any way hold up the project. Mr. Hatney: No. Mr. Holland: Not at all. Mr. Mayor: Okay, I think I’ve heard general consensus on this one. So if everybody’s ready to vote on this we’ll vote on Mr. Bowles’ or actually excuse me we’ll vote on the substitute --- Mr. Hatney: Vote on Mr. Bowles, please. Mr. Mayor: You’d like to withdraw your substitute? Mr. Hatney: I’ll withdraw, yes. Mr. Mayor: Okay. Mr. Smith: Mr. Mayor? 16 Mr. Mayor: Commissioner Smith. Mr. Smith: I think that we need to clarify this with our subcommittee, Mr. Kuhlke’s committee so he’ll know what he can do and what he can not do. Because I think we agreed for them to do these things as they felt the need. So we need I think to make sure he’s aware of what we expect him to do. Mr. Mayor: Okay. Mr. Russell. Mr. Russell: As you look back on that and once again I was in a peripheral position at that particular point in time. I would imagine what happened was the Commission at that point authorized that committee to get the initial work done and that’s what they did. And we’ll have to go back and check the minutes but as I think of, I mean that’s my assumption would be and has always been that’s what you did back in 2003 as we started the testing. What becomes the issue at this point as you continue to go forward exactly you know what do you want us to do. I have a letter from Mr. Kuhlke in this particular case and I think we’ve talked about that at this point is that the Judicial Committee based on Mr. Kuhlke’s recommendation probably completed its work. So I think that becomes just the process of building the building at this point and I shared that letter with the Mayor yesterday I believe. So I think that would eliminate the need to explain to the committee what their role is. I think their role now as you’ve told me on several occasions is to get the building built and that’s where we’re at. Mr. Mayor: Okay, Madam Clerk, would you please read back the motion? The Clerk: The substitute motion? Mr. Mayor: No, the substitute motion was --- Mr. Hatney: Withdrawn. Mr. Mayor: --- withdrawn. The Clerk: Mr. Bowles’ motion was to receive it as information but that documentation, supporting documentation regarding the contract, purchase orders and other documents relative to this service be provided to the Commission. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, I know prior to 2001 this Commission has authorized environmental testing on a number of sites. If this part of that I know it has Commission approval and --- Mr. Mayor: Okay. Mr. Brigham: --- it would be in the minutes and I’m sure Ms. Bonner could find out. 17 Mr. Mayor: Okay. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Brigham and Mr. Grantham vote No. Motion carries 8-2. Mr. Mayor: Okay, I don’t believe we have anything further on the agenda but Ms. Johnson do we need, have a need for a Legal Session. Ms. Johnson: No. Mr. Mayor: No? Okay but prior to adjourning the meeting I’m sorry I did not do something that is a good part of history of this Commission. Usually when we approve the Mayor Pro Tem position we go back and we unanimously approve that position once the individual nominee has been put in place. I would like to see us do that again today. It’s been a good part of past history. So can I get a motion to that affect? Mr. Smith: I so move. Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 10-0. (APPLAUSE) Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, I need some clarification if you don’t mind. Items 3 and 4 as I recommended as companion items. Did the motion that was passed cover both items and both items to be returned to the committee for further evaluation? Or that would be my assumption. Mr. Mayor: Commissioner Bowles, just to clarify your motion. Both items 3 and 4 to be returned. Mr. Bowles: No, just item 3. Mr. Russell: So we need to take some action on item 4 then. Mr. Mayor: Okay, Madam Clerk, back to agenda item number 4 then. 18 ENGINEERING SERVICES 4. Approve Revised Proposal from ATC Associates, Inc. for Special Inspections and Construction Materials Testing Services in conjunction with the new Judicial Center, reducing their Role and Fee to Provide for Local Participation. Mr. Brigham: Mr. Mayor, I make a motion we postpone this to after we our committee meeting on Monday since we can’t do this and not know what we’re going to do on the other item. Mr. Mayor: Okay, we have a motion. Is there a second? Mr. Bowles: Second. Mr. Mayor: We have a motion and second. Commissioner Hatney. Mr. Hatney: Item 4, didn’t I understand you, Mr. Russell, you said these folk had a legitimate contract? Mr. Russell: Yes. What we need to do is not approve the revised proposal in that particular case. Mr. Hatney: But they still have a contract. Mr. Russell: Yes. Mr. Hatney: They’ll still be working. Mr. Russell: Yes. Mr. Hatney: Okay. Mr. Russell: And with that being said then the addendum item on Deep Piles would be appropriate that we could move forward with that. That’s the addendum item so we could get that done and start doing the Deep Pile work and not wait for another week or so on that. The Clerk: Are you going to add that to your motion, Mr. Brigham? Mr. Brigham: I’ll add that we approve item 2 on authorization. The Clerk: Okay, your motion is to add and approve item 2 on the addendum agenda and the postponement of item 4. Mr. Brigham: Right. The Clerk: Okay. 19 Mr. Mayor: We have a motion and second. Commissioner Hatney. Mr. Hatney: Item 2 on the addendum agenda I’m a little bit concerned about that because it has not gone through committee. The Clerk: Okay. Mr. Hatney: It should go through committee first. Mr. Mayor: Mr. Russell. Mr. Russell: I don’t disagree and we’ve got a several others we’ve held to go through committee. The issue with this it raises it’s importance is the fact that we did not have a committee at the end of December like we hoped to have. We’re at a point now where not approving this item begins to, begins to slow the process that we’re making in the building and that’s the only reason I had enough nerve to bring it front of you today sir because I thought it was important. And I would have rather it go through committee but I thought it was important enough to bring forward. Mr. Hatney: Don’t the committee meet Monday? So if the committee meets Monday it can last until then, can’t it? Mr. Russell: If the committee meets Monday we get it approved there with a six signature letter at that point I’d be more than comfortable with that, sir, if that’s your desire. Mr. Hatney: I’d appreciate that. I can be comfortable with that too. Mr. Russell: Thank you. Mr. Mayor: Okay, would you like to amend your motion, Commissioner Brigham, to refer --- Mr. Brigham: Mr. Mayor, if we don’t have unanimous consent I can’t add or approve. Mr. Mayor: Okay, good deal. The Clerk: So the motion is just to postpone item 4. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. Now on four this is to approve a revised proposal right? That means we’re going to add item 3. The Clerk: That’s why he’s postponing. 20 Mr. Russell: That’s why we’re postponing. Mr. Mayor: That’s why we’re postponing because we can’t --- Mr. Johnson: We’re postponing all of it? The Clerk: Yes, sir, because he already has a contract. Mr. Johnson. Right. Okay. Mr. Mayor: Commissioner Beard. Ms. Beard: Mr. Mayor, I’m going to say that we have a number of projects that we’re going to be dealing with now. I think it’s imperative that we have a system so that they will be able to get them completed on time. And with that I really I think we need to look at the committee to streamline a method that we can do it and do it properly and not hold up the contractors. Mr. Mayor: Mr. Russell. Mr. Russell: And I agree fully with Ms. Beard in this case. We’ve had some brief conversation about that. And the problem as she said we’re going to have three, four, five things going and that need to be approved and need to be moved forward. Christmas I think put us in a little bit of a bind because of the schedule here. Normally I think it goes fairly well but there does need to be in my mind some degree of thought in the process to make sure we’re not holding ourselves up and we’re not moving as quickly as we can. And I take full responsibility for the delay in this but we need, I would welcome some discussion on the Commission level on how we can make this work a little bit faster. Even the number of things we’re going to be doing, in the past this wasn’t an issue because we weren’t doing that much. But we’re going to hit the road running pretty hard here and that’s important. Mr. Mayor: Ms. Beard. Ms. Beard: I would just like to also add to that. We have hired a company to oversee all of these projects and we need to look at them. They need to be dealing with the technical aspects of things. Mr. Hatney: The thought she gave about the committee. The one thing I’m not necessarily complaining about but still believing in it that we have the best setup we could have with everything going through committee first. We’ve got the best setup we have. Everything should be discussed in there and out here ought to be yeah, nay or abstain. And that has been our problem we back stuff up (inaudible) to vote on. Mr. Mayor: Mr. Russell: 21 Mr. Russell: I don’t disagree with Commissioner Hatney at all. The problem becomes when we don’t have those committee meetings. And we don’t schedule the committee meetings we end up having these discussions here and you know I would almost want to recommend that we don’t have this meeting unless we have a committee prior to it so we can work out those details that need to be worked out. I think that’s probably as much of the problem as anything. Mr. Mayor: Okay, we have a motion and a second. Mr. Hatney: What was the motion? The Clerk: To postpone item number four. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Jackson votes No. Mr. Bowles out. Motion carries 8-1. The Clerk: Did you hit the wrong button? Okay, redo it. Mr. Mayor: Joe thought that we were going to have to go into Legal so he might have voted no on that. The Clerk: Do you want to change your vote, Mr. Jackson, you can. No? Okay. Mr. Mayor: One day when you’ve got to run again Joe somebody’s going single out that vote. With no further business --- Mr. Mason: Point of Personal Privilege Mr. Mayor. Point of personal privilege. Mr. Mayor: Commissioner Mason. Mayor Pro Tem Mason. Mr. Mason: Just like to extend my deepest gratitude to my fellow Commissioners up here who did cast a vote for me as Mayor Pro Tem. I’m humbled and I’m honored and I hope that I can uphold that position to the highest standards and to the highest standards that I possibly can. So again I would just like to say a very, very heartfelt thank you to each and everyone of you and the communications process must remain open and certainly I am open to that and I just want to tell in front of God and country that I am deeply honored as a former soldier to step up to the role in this leadership of this government and do the best possible job that I can and I’m committed to doing just that. So again thank you and I appreciate your support. Mr. Mayor: Thank you. And with that little touch of eloquence we stand adjourned. [MEETING ADJOURNED] 22 Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on January 6, 2009. ______________________________ Clerk of Commission 23