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HomeMy WebLinkAboutCOMMISSION MEETING - January 5, 2010 REGULAR MEETING COMMISSION CHAMBER JANUARY 5, 2010 Augusta Richmond County Commission convened at 2:00 p.m., January 5, 2010, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Smith, Mason, Grantham, Hatney, Aitken, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. The invocation was given by Dr. Gregory M. Fuller, Pastor Macedonia Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Prior to calling the meeting to order I’d like to present the Reverend Hatney his official certification of being reelected as a Commissioner. Congratulations, Reverend Hatney. (APPLAUSE) Mr. Mayor: If we keep going you’re going to start signing in a second. I know, I’ve heard you preach. With that I’d like to go ahead and call the January 5, 2010 meeting of the Augusta Commission to order. And I’d like to call on my good friend Dr. Gregory M. Fuller, Pastor, Macedonia Baptist Church for our invocation. Please stand. (Invocation given by Dr. Fuller) Mr. Mayor: Please join me in the Pledge. Pastor Fuller, could you please come forward. And I just want to say thank you for that wonderful invocation. Thank you for your friendship and your guidance in my own life. Office of the Mayor. By these present be it known that Dr. Gregory M. Fuller, Pastor Macedonia Baptist Church is Chaplain of the Day. For his civic and spiritual guidance, demonstrated throughout the community. Serves as an example for all of the th faith community. Given under my hand this 5 Day of January 2010. Thank you my friend. (APPLAUSE) Mr. Mayor: Madam Clerk, on to the first agenda item. The Clerk: ELECTION OF OFFICER(S) A.Election of Mayor Pro Tempore for 2010. Mr. Hatney: Mr. Mayor? Mr. Mayor: Yes, sir. Mr. Hatney: Mr. Mayor, I’d like to extend the name of Mayor Pro Tem Mason for a second term. 1 Mr. Lockett: Second. Mr. Mayor: Okay, we have a motion and a second. Do we have any further nominations? Do I hear a motion that nominations be closed? Mr. Lockett: So moved. Mr. Mayor: Okay. Well, we have one nominee for the Mayor Pro Tem, Commissioner Mason. Commissioners will now vote by the usual sign. Mr. Smith and Mr. Grantham vote No. Motion carries 8-2. Mr. Mayor: Congratulations, Mr. Mayor Pro Tem, for a second term. (APPLAUSE) Now I believe it would be appropriate for me to call for a short recess for us to convene in my office to discuss the Committee selections. So it to a recess. (Recess called) Mr. Mayor: If everybody’s ready I’m going to go ahead and call the meeting back to order. Madam Clerk. The Clerk: B. Appointment of Standing Committees for 2010 – 2011. Administrative Services Committee – J. R. Hatney, Chairman, Matt Aitken, Vice Chairman, Jimmy Smith, Corey Johnson. Public Safety I.T. Committee – Joe Jackson, Chairman, Alvin Mason, Vice Chairman, Joe Bowles, Bill Lockett. Engineering Services Committee – Corey Johnson, Chairman, Joe Bowles, Vice Chairman, Joe Jackson, Matt Aitken. Public Services Committee – Jerry Brigham, Chairman, Jimmy Smith, Vice Chair, Don Grantham, Alvin Mason. Finance Committee – Don Grantham, Chairman, Bill Lockett, Vice Chairman, Gerry Brigham, J.R. Hatney. The Clerk: Appointment of ex-officio members of the Commission to the various Augusta Richmond County Boards Commission and Authorities. Richmond County Board of Health – Jerry Brigham. Augusta Aviation – Matt Aitken. 2 Greater Augusta Arts Council – Joe Bowles. Planning Commission – Corey Johnson. Library Board – Jimmy Smith. Daniel Field General Aviation – Don Grantham. Board of Education – Bill Lockett. Family Connection – J.R. Hatney. Richmond County Hospital Authority – Alvin Mason. 9-1-1 Committee – Joe Jackson. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Mr. Mayor I move for the acceptance of these appointments. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Smith votes No. Motion carries 9-1. The Clerk: Our next order of business --- Mr. Mayor: Hang on one second, Madam Clerk. I believe it’s customary after we’ve Mayor Pro Tem toseek unanimous approved the have the opportunity to go back and approval once the person is in place. So I would entertain a motion to move forward with that Order of Business. Mr. Lockett: So moved. Mr. Grantham: I think a point of order shows that you’ve already had an election of that office so we’ll move on. Mr. Mayor: Well, we have a motion. Do we have a second? Mr. Johnson: Second. 3 Mr. Mayor: Okay, we have a motion and a second. And as this has been the standing of the past we have done this Commissioners will now vote by the usual sign. Mr. Brigham and Mr. Smith vote No. Mr. Grantham abstains. Motion carries 7-2-1. Mr. Mayor: Okay, Madam Clerk, moving on to the Delegations. The Clerk: DELEGATIONS C. Mr. Scott Hudson. RE: First Saturday Volunteer Initiative. Mr. Mayor: I have not seen Mr. Hudson. He’s not here? Okay, we will give him an opportunity another time. Madam Clerk, on to the consent agenda. The Clerk: Our consent agenda consists of items one through two, items one and two. Mr. Hatney: Move for approval. Mr. Grantham: Second. Mr. Mayor: We have a motion and second. Mr. Mayor Pro Tem. CONSENT AGENDA ADMINISTRATIVE SERVICES 1. Resolution authorizing the retirement of Alma Stephenson and the settlement of all claims by Alma Stephenson, in the aggregate amount of Twelve Thousand Eight Hundred Ninety-Nine Dollars and Sixty-Four Cents ($12,899.64) and three (3) years of retirement calculation based on the salary of $66,807.82 per annum; authorizing the County Administrator to disburse settlement funds; waiving Augusta-Richmond County Code of Ordinances sections in conflict for this instance only; and for other purposes. PETITIONS AND COMMUNICATIONS 2. Motion to approve the minutes of the regular meeting of the commission held on December 15, 2009. 3. Motion to approve the correction of the December 1, 2009 minutes agenda item no. 24 appraisal report from Hollingsworth Appraisal Company. Reported land exchange addresses as 305 Old Deans Bridge Road & 304 Deans Bridge Road. Correct addresses should be 3050 Deans Bridge Road & 3044 Deans Bridge Road. Mr. Mason: Yes, Mr. Mayor. I need to pull item two for some clarification, please. Mr. Mayor: Okay the minutes? 4 Mr. Mason: Hmm-um. Mr. Mayor: Okay. Could you go ahead and make any corrections to it? Mr. Mason: If the Clerk would read the motion as it related to chronic nuisance order. th What was stated on that particular day on December 15. The Clerk: Yes, sir, Mr. Mayor Pro Tem. Mr. Brown, Staff Attorney recommended to the Commission look into concerns regarding the chronic nuisance ordinance. And we have come to the conclusion and recommend that the Committee, that the committee form a committee of certain governmental employees. A representative from License and Inspection, Planning and Zoning, the Marshall’s Office, the Sheriff’s Office and the Solicitor along with the Fire Department that we’re recommend concern with the chronic nuisance ordinance. Later further in the discussion Mr. Bowles moved that the committee be formed plus four citizens from the community. Mr. Mayor: Okay. The Clerk: Is that it? Then Mr. Bowles further elaborated that so my concern is that we know while this will affect business owners it’s the neighborhood that’s being affected now and it’s time to act. Commissioner Hatney stated, but we do have a nuisance ordinance that needs to be improved and empowered and acted upon and enforced. So hopefully that will be included you all’s research and discovery and brought back to the Commission for action. Mr. Mayor: Okay and I guess my one, the one question that I had on that I’m trying to get clarification on was who is in charge of assuming this committee and moving this forward to action? The Clerk: Well, the content of the ordinance pretty much infers that the Committee that was established with the Law Department bringing forth the recommendation that they would probably preside over the Committee to make sure that the direction of the Commission is enforced and enacted upon. Mr. Mayor Pro Tem: The Law Department. The Clerk: Mr. Brown, I think. It was discussed that staff would take the lead and to bring back a recommendation to the Commission within a 90-120 day time period. Mr. Grantham: I think --- Mr. Mayor: Commissioner Grantham. Mr. Grantham: --- thank you. I think that was to include those specific positions that you named earlier. That they would make up that committee along with four at-large members from the neighborhood, I think as Mr. Bowles has indicated. One of my comments was that not only would this protect the neighborhood in District 1 that we were referring to but it would be city 5 wide and all districts would be included in this ordinance. I think that was the comments that we had. Mr. Mayor: Commissioner Bowles. Mr. Bowles: The concern is we have a body but who’s in charge of this body and group. We need kind of a point person people can talk to is what we’re looking for. Mr. Mayor: Would you like to volunteer yourself for that position? Mr. Bowles: I’ll do it. Mr. Mayor: Okay. Is the Commission comfortable with Mr. Bowles being the point person on that? Okay. Commissioner Brigham. Mr. Brigham: Mr. Mayor, if I remember correctly the discussion was the Mayor would appoint a committee and that it also not only included neighborhood people but it was also to include landlords (inaudible). Mr. Mayor: There were a couple, there was another committee that day that --- The Clerk: Yeah, Mr. Brown had recommended. He said I think we need a balance of a few community maybe such as having one person of residential property, one landlord and at least one business owner. Further into the discussion Mr. Brigham, another thing I’m concerned about is I think maybe you or the Mayor Pro Tem ought to look at serving on this committee in addition. Mr. Mayor, I’ve got my hands full with other committees. At least we’ve got one other one this last week. And Mr. Hatney. The only statement I’d like to make. I mentioned Legal. We’ve got an Attorney and we’ve got Mr. Sherman here. These folk need to be the ones to take the lead in this. Mr. Mayor: Okay, I think with Commissioner Bowles offering to take the lead in it that it would be, that puts somebody as a point person. And if the Commission’s comfortable with that? Yes, sir, Mr. Russell. Mr. Russell: The only question I would have is are you empowering Mr. Bowles to appoint the citizen members? And I have no problem with that. We just need to make sure we have that clear obviously. Mr. Mayor: Mr. Bowles, are you comfortable with that? Mr. Bowles: (inaudible) Mr. Mayor: I think absolutely. Okay. Mr. Russell: I just wanted to make sure we were clear with it. 6 Mr. Mayor: Okay, now that we’ve clarified that can we put, leave that on the consent agenda? Mr. Mayor: Yes, by all means. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you. I would like to add also that we include, make sure that somebody’s from Code Enforcement on this. The Clerk: There on License and Inspection. Mr. Johnson: Okay. Mr. Mayor: There on there. Okay, did we have a motion and second to approve the consent agenda? The Clerk: Yes, sir. Can we ask that item three be included on the consent agenda? Item three, the correction of those minutes. Thank you. Mr. Mayor: Okay, go ahead. And the consent agenda --- The Clerk: Items one, two and three. Mr. Mayor: Okay, if there’s no further discussion Commissioners will now vote by the usual sign. Motion carries 10-0. The Clerk: APPOINTMENTS 4. Motion to approve the appointment of one from each group to the Richmond County Hospital Authority for a four-year term. Mr. Hatney: Mr. Mayor? Mr. Lockett: Mr. Mayor? Mr. Mayor: Yes, sir, Commissioner Hatney then Commissioner Lockett. Mr. Hatney: I would in view of the fact if I’m not mistaken the Authority suggested that So I would like to recommend that first names that they’ve got here be the ones we approve. we approve Mr. Clyde Hill and Mr. Ed Bleakley Chandler. Mr. Mayor: And that’s in the form of a motion? 7 Mr. Hatney: Yes. Mr. Grantham: Second. Mr. Mayor: Do we have a second? The Clerk: Mr. Grantham. Mr. Mayor: Okay. Is there any, Commissioner Lockett was that? Mr. Lockett: I withdraw my request. Mr. Mayor: Okay. If we have no further discussion Commissioners will now vote by the usual sign. Motion carries 10-0. The Clerk: ADMINISTRATOR 5. Law Department Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, I was tasked several weeks ago by a majority of this Commission to come to some agreement on the operation of our Law Department and the employment of our General Counsel at this particular point in time. We’ve had several discussions over the past several weeks after that appointment to do that process. And I have a separation agreement and Ms. Johnson has agreed to um, to resign effective at 9:00 o’clock this morning and has done so. The terms of that agreement are included in the general release that I will share with you. Generally speaking there is a six-month severance package that is available to department heads and to the General Counsel and myself. That is based on termination because this was not a termination and an agreeable amicable parting agreement. I suggested and have received approval for a 9-month severance package. That basically gives her nine months benefits. In addition to that there was a lease termination payment that I agreed to term and that’s $1,187.14. And for that we have basically received a waiver in which she has agreed to resign amicably and agreed to basically not enter into any legal action against us for any reason what so ever at this particular point in time. A point of that is basically that you need remember is a individual cannot waive their constitution rights. So that is something that she has not waived and we would not ask her to do that. What she did agree to though is if she were to seek some settlement based on the constitutional rights violation she would not receive any money payment for that what so ever which is in affect agreeing not to basically sue us for any reason what so ever. This process at this particular level is not the least bit unusual. It happens unfortunately way too often. As she has changed direction and we have changed direction our paths need to separate and with this agreement we have successfully done that. 8 Mr. Mayor: Okay. Commissioner Hatney and then Mr. Mayor Pro Tem. Mr. Hatney: Mr. Mayor, I move that we accept the resignation from our lawyer and to make Mr. MacKenzie the interim. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Mr. Mayor Pro Tem, did you or Mr. Russell? Mr. Russell: Mr. Mayor, to cover us completely in that we need to do the motion that Mr., Dr. Hatney has motioned. In addition to that we need to accept her resignation effective at 9:00 a.m. this morning and agree to the separation agreement and also appoint Mr. MacKenzie as interim counsel effective immediately. Mr. Mayor: Commissioner Hatney, is it okay to amend your recommendation? Mr. Hatney: It’s already done. The Clerk’s writing it down. Mr. Mayor: Okay. Okay, we have a motion --- Mr. Lockett: Mr. Mayor? Mr. Mayor: --- yes, sir. Commissioner Lockett. Mr. Lockett: If I could I would like to explain why I’m going to vote no on this. Mr. Mayor: Okay. Mr. Lockett: I’m relatively new. In fact this is my first meeting. But the Augusta Commission Code of Conduct that was adopted by the Commission on 8 February 2006 says that we will investigate, listen and debate prior to taking action or making decisions. I heard the City Administrator when he said that ‘x’ amount of Commissioners had authorized this particular action. But for some reason or another I was left out of the loop. Now I heard about this kind of thing going on before I became a member of this body. But before I can be effective and before this Commission can live up to what it’s expected to by the citizens of Augusta-Richmond County we got to be able to communicate. And I cannot understand how one who expect me to vote on something that I have not been privy to. I have people in District 5 that have contacted me. And all I can tell them is what I’ve read in the media, or heard in the media. I don’t think this is the way you run a business and I would hope that this would be the last time that this Commission would do that. Thank you. Mr. Mayor: Thank you, sir. Commissioner Brigham. 9 Mr. Brigham: Mr. Mayor, Mr. Russell, I hate to ask you this question but I have concerns. If Ms. Johnson was to take employment we’re still going to pay benefits for nine months? Mr. Russell: Yes, sir. The agreement is a continuation of payment for nine months. Mr. Brigham: I don’t think that’s right but okay. Mr. Mayor: Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. I too cannot vote for that. I know that the norm is that department directors get six months severance. And that’s fine. But the extension of three months, I don’t understand that. And all of the evidence is clear that we have and why we should go ahead and extend that three more months I don’t understand it. Mr. Mayor: Okay. Commissioner Brigham? Mr. Brigham: Sir? Mr. Mayor: I’m sorry. I thought I saw your hand up. Mr. Brigham: I found out what I wanted to find out. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: Somebody had raised the question if she would find employment with benefits would we continue. You cannot legitimately have two group insurances. You can’t do that. So she, with the work it would automatically negate her coverage here. Mr. Mayor: Okay. Mr. Hatney: She cannot have two. Mr. Mayor: Commissioner Bowles. Mr. Bowles: I’m not trying to be too funny but, and Andrew, don’t take this personally. Should we evaluate and make sure that Andrew’s right description considering the repercussions we’ve suffered as Commissioners for having a counsel that some people questioned? Mr. Russell: I think what you’re doing is putting Andrew in the interim position. He’s obviously been with us for a while. You’re actually giving yourselves the opportunity to do a search for this particular position if you want to do that. We’ve talked to Andrew, I’ve talked to Andrew over the last week or so and am comfortable with the interim appointment. Mr. Mayor: Okay. If there’s no further discussion Commissioners will now vote by the usual sign. 10 Mr. Aitken: Mr. Mayor? Mr. Mayor: Commissioner Aitken. Mr. Aitken: I’m too am going to vote no as well because I’m in the likeness of Mr. Lockett that a lot of this is brand new to me as well. So I can’t really base my opinion on what I’m just coming into today. So that’s where I’m going to be at with this vote as well. Mr. Mayor: Gentlemen, we understand your positions on that one. Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. You know I think we’re getting down to a point now that we need to go back and look and see if we have any options in this situation. And you know if the no vote is cast today as to how this takes place and the resignation has already been penned under these terms then what options do we have at that point, Mr. Administrator and Mr. Attorney? Mr. Russell: You have the option to accept her resignation and I provided the information that you requested to do that. You have the option not to accept her resignation, you have the option to terminate her. She works at your will. The direction I received from the majority of the members was based on their uncomfortableness with her ability to perform her position. And that’s what we worked on. That’s what we’ve been able to do and we were able to bring forth with you a settlement agreement that we walk away from today and she walks away from today. If you want to go anyplace else with that that’s obviously the will of the Commission. But let me share with you that based on the recommendation of the Attorney that I dealt with based on my experience you would be walking down a path, which you don’t want to walk down at this particular point in time. I’ve given you what you’ve asked for. I’ve given you my best recommendation and that’s on the table, sir. Mr. Grantham: Mr. Mayor, to follow up --- Mr. Mayor: Commissioner Grantham. Mr. Grantham: --- if you don’t mind. Thank you. You know I’m all for accepting the resignation. I’m just not very comfortable with some of the terms that we’re going to give the former employee if that’s the case. So I think we’ve got some situations here that with the two new Commissioners particularly. And I understand their position as to why they would vote they way they are looking to vote. But I just, evidently our next option is to terminate the position of the employment of the former General Counsel. Mr. Mayor: Mr. Russell. Mr. Russell: That’s one option available or you can continue her employment based on the conditions she has today. Once again I was following directions that I was given. You’ve 11 got what I consider to be the best deal we have available on the table and to do anything beyond that puts us in a position of jeopardy that I would not want to be in, sir. Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Grantham: Mr. Mayor, I’m going to vote yes with the um, known fact that I am not in favor of voting for giving her the three months severance or the lease payment in her contract. Mr. Mayor: Okay. Mr. Grantham: So if that throws it into a no vote then let it be that way. Mr. Mayor: It does not. The Clerk: No. Mr. Aitken, Mr. Lockett and Mr. Smith vote No. Motion carries 7-3. Mr. Grantham: May I ask a question? Mr. Mayor: Point of personal privilege? Mr. Grantham: Point of personal privilege, yes --- Mr. Mayor: Yes, sir. Mr. Grantham: --- that my vote was yes to accept her resignation but no to give her those funds. And if that’s the case then there’s a 6-4 vote in the funding mechanism of this agreement. Mr. Mayor: Okay, so you would like to be recorded as a no vote. Mr. Grantham: Well, I asked for that privilege a minute ago. And that’s when I made the point and said if that made a difference than my vote would be cast as no under those terms. The Clerk: You want a No vote. Mr. Grantham: Under those terms. The Clerk: Okay, a No vote. Mr. Grantham: I voted yes for her resignation but no to give her the funding. The Clerk: Okay. 12 Mr. Lockett: Mr. Mayor? Mr. Mayor: Point of personal privilege? Mr. Lockett: Yes. Mr. Mayor: Yes, sir, Commissioner Lockett. Mr. Lockett: Isn’t that the reason why when you have a motion that has multiple parts often time they break it down into separate parts and run each one individually? Mr. Mayor: Yes, sir. Okay, but the vote has been taken, the agenda item has been disposed of. We will now move along. Mr. Attorney, do we have need for a Legal Meeting? Mr. McKenzie: We very much have a need for a Legal Meeting to discuss Pending and Potential Litigation as well as Real Estate Matters and Personnel. LEGAL MEETING A.Pending and Potential Litigation. B.Real Estate. C.Personnel. ADDENDUM 6. Motion to approve going into a Legal Meeting. Mr. Mayor: Can I get a motion to go into Legal for that reason? Mr. Lockett: So moved. Mr. Hatney: Second. Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual sign. Mr. Bowles and Mr. Jackson vote No. Motion carries 8-2. Mr. Mayor: We are in Legal. [LEGAL MEETING] Mr. Mayor: I’ll go ahead and call the meeting back to order. 7. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. 13 Mr. Lockett: So moved. Mr. Mason: Second. Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual sign of voting. Motion carries 10-0. Mr. Mayor: Okay, I’d just like to take one more quick point of personal privilege and welcome Commissioner Lockett and Commissioner Aitken aboard. I know that they want this to be the best Commission it can possibly be. And we appreciate your service. With no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on January 5, 2010. ______________________________ Clerk of Commission 14 15