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HomeMy WebLinkAboutCOMMISSION MEETING - March 2, 2010 REGULAR MEETING COMMISSION CHAMBER MARCH 2, 2010 Augusta Richmond County Commission convened at 2:00 p.m., March 2, 2010, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Smith, Mason, Hatney, Aitken, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hon. Grantham, member of Augusta Richmond County Commission. The invocation was given by the Reverend J. R. Hatney, Pastor, Good Hope Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Mr. Hatney, I don’t have that Pastor of the Day plaque for you yet but that’s in the works. Mr. Hatney: We’ll just put four or five of them together. Mr. Mayor: Okay. Mr. Russell: Get a list of them. Mr. Mayor: Exactly. Madam Clerk, on to the recognitions. The Clerk: RECOGNITION(S) MACH ACADEMY, INC. A. Congratulations! For receiving the 2009 United States Tennis Association (USTA) National Junior Tennis & Learning (NJTL) of the Year Award. (Requested by Commissioner Cory Johnson) The Clerk: Commissioner Johnson, for the record I’ll read the letter MACH Academy received. The Clerk: The USTA announced today that three National Junior Tennis and Learning chapters nationwide have been awarded the 2009 Chapter of the Year Award. The USTA recognizes chapters and programs at three different budget levels to receive those organizations that are able to do more with less. The 2009 Chapter of the Year and their corresponding budget levels are an achievable dream, 5,000 and over. MACH Academy, 50,000 to 500,000 in the city of Reading, Pennsylvania less than 50,000. Arthur Ashe along with Charlie Burnell and Sheraton Snyder founded the NJTL Network in 1969. Ashe envisioned that the NJTL was a way 1 to gain and hold the attention of young people in the inner cities in their poor environments so that we can teach them about matters more important than tennis. Since then the NJTL has grown to over 550 chapters serving over 225,000 youths each year making it one of the USTA’s largest community based offering. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. Thank you, Lena, for reading that out. We do have Ms. Jones here from MACH Academy. First of all I’d like to commend them for the job they’re doing over there. A lot of times we don’t get reports on what our kids are doing. But this program they have established over here has been a great asset to this community. And not only that, just to know they have national recognition for the job that they are doing. I actually had the privilege to come out of course Commissioner Lockett was out there as well. We actually had a film crew out there and this crew actually done some of the filming for Venus and Serena and all these other greats throughout the country. And they actually had the privilege of filming us making some comments about this organization. And it was an honor for me to be able to do that and I’m looking forward to seeing it on HBO hopefully sometime soon. But Ms. Jones I would like to yield if you would like to come up and say a few words in regards to this. We really appreciate the job that you are doing. Ms. Jones: Good afternoon. I want to thank you for the opportunity. I just want to take this opportunity to thank the Mayor, the Commissioners, the Augusta Recreation and Parks Department, the Housing and Community Development Department for their support. Because of their support we were able to do what we did last year and the years before that and we’re hoping to continue to do in years to come. In order to be recognized as the NJTL Chapter of the Year a program must have a strong education component as well as a strong tennis component. We’re very proud of the work we do at MACH Academy. We’re trying to do our bit in the community to help make positive contributing future citizens for this community. And we feel that with the support that we have received from the community and from this Commission and all of the other people that are supporting us we are doing this and we’re making a difference in the lives of one child at a time. So we thank you. Mr. Johnson: Thank you. Mr. Mayor: Thank you, ma’am. Thank you, ma’am, we very much appreciate all you do. Madam Clerk, on to the consent agenda. The Clerk: Yes, sir, Mr. Mayor. Our consent agenda consists of items 1-29, items 1-29. For the benefit of any objectors to our alcohol petitions, once those petitions are read if there are any objectors would you please signify your objections by raising your hand once the petition is read. Item 3: Is for an on premise consumption Beer & Wine license to be used in connection with the location at 2925 Peach Orchard Road. Item 4: Is a request for an on premise consumption Liquor, Beer & Wine license to be used in connection with the location at 3117 Washington Road. 2 Item 5: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with the location at 2125 Windsor Spring Road. Item 6: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with the location at #2 Eighth Street. Item 7: Is for an on premise consumption Liquor, Beer & Wine license to be used in th connection with the location at 214 7 Street. The Clerk: Are there any objectors to any of those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Mr. Mayor, our consent agenda and member of the Commission items 1-29. Mr. Mayor: Thank you, ma’am. Do we have any additions to the consent agenda? Not that we have a lot to add to the consent agenda. Mr. Brigham: Mr. Mayor, I think we could probably take this addendum to the agenda and add it to the consent if that pleases everybody. Mr. Mayor: Is everybody okay with that, the addition to the agenda adding it to the consent? Okay. Mr. Lockett: Mr. Mayor, what are we adding? Mr. Mayor: The addition to the agenda, Madam Clerk? The Clerk: Yes, sir, that is to approve the Cancellation of Security Deed for the Marion Building, regarding property located at 739 Broad Street. So that would be giving unanimous consent to add to our agenda and then add to the consent agenda. Mr. Mayor: Okay, do we have any items to be pulled for discussion? Okay, hearing none I would look for a motion to approve the consent agenda. Mr. Lockett: So moved. Mr. Jackson: Second. CONSENT AGENDA PUBLIC SERVICES 1. Motion to approve acceptance of $3,500 in donations and approve a budget amendment accordingly. (Approved by Public Services Committee February 22, 2010) 2. Motion to adopt the five-year Transit Development Plan (TDP) for Augusta Public Transit. (Approved by Public Services Committee February 22, 2010) 3. Motion to approve New Application: A.N. 10-05: A request by Keenjee Alvarado for an on premise consumption Beer & Wine license to be used in connection with El Reventon 3 Night Spot, LLC located at 2925 Peach Orchard Rd. There will be Dance. District 6. Super District 10. (Approved by Public Services Committee February 22, 2010) 4. Motion to approve New Ownership Application: A.N. 10-07: A request by Carl H. Jones for an on premise consumption Liquor, Beer & Wine license to be used in connection with Applebee’s Neighborhood Grill & Bar located at 3117 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee February 22, 2010) 5. Motion to approve New Ownership Application: A.N. 10-08: A request by Carl H. Jones for an on premise consumption Liquor, Beer & Wine license to be used in connection with Applebee’s Neighborhood Grill & Bar located at 2125 Windsor Spring Road. There will be Sunday Sales. District 6. Super District 10. (Approved by Public Services Committee February 22, 2010) 6. Motion to approve New Application: A.N. 10-04: A request by Sergio Sanchez for an on premise consumption Liquor, Beer & Wine license to be used in connection with Mi Rancho Mexican Restaurant located at #2 Eighth St. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee February 22, 2010) 7. Motion to approve New Application: A.N. 10-06: A request by Michael Anglin for an on premise consumption Liquor, Beer & Wine license to be used in connection with Tipsey th McStumbles located at 214 7 St. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee February 22, 2010) 8. Motion to approve referring the matter of Mr. Donald D’Antignac regarding inspections and record retention relating to the proper inspections and improvements to the drainage lines at this home to both the License and Inspection Department and Risk Management; and that any expense by the city go against any remuneration that he is asking for. (Approved by Public Services Committee February 22, 2010) 9. Motion to approve, in resolution form, support of the Georgia Transit Association’s FY 2010 Legislative Agenda. (Approved by Public Services Committee February 22, 2010) ADMINISTRATIVE SERVICES 10. Motion to approve the acceptance as Part I of preparing an Urban Redevelopment Plan, establishing the Laney Walker/Bethlehem neighborhoods as an Urban Redevelopment District, and as a condition of receiving Bond Financing for use in acquiring and developing property in the Laney Walker/Bethlehem Urban Redevelopment Area. (Approved by Administrative Services Committee February 22, 2010) 11. Motion to approve an Ordinance to amend the Augusta, GA Code Section 3-4-11 relating to events held on public property. (Approved by Administrative Services Committee February 22, 2010) 12. Motion to approve the Resolution of Settlement awarding a total settlement of forty thousand dollars ($40,000.00) to Marilyn Brown and Terry Brown. (Approved by Administrative Services Committee February 22, 2010) PUBLIC SAFETY 13. Motion to approve the addition of the Provost Marshall of Fort Gordon as a member of the Augusta 9-1-1 Advisory Board. (Approved by Public Safety Committee February 22, 2010) 4 14. Motion to approve the purchase of an Automated Firing Range System for the Richmond County Sheriff’s Training Range Facility for $85,158.00, lowest bid on bid 09- 178A. (Approved by Public Safety Committee February 22, 2010) 15. Motion to approve a Resolution in support of the purchase of service weapons by certain officers for one dollar upon retirement with at least 25 years of service. (Approved by Public Safety Committee February 22, 2010) 16. Motion to approve the beginning the programming services by Heery in the amount of $27,600 for the Sheriff’s Department Administrative Building. (Approved by Public Safety & Engineering Services Committees February 22, 2010) FINANCE 17. Motion to approve funding for the January 5, 2010 Special Election and the February 2,2010 Runoff. (Approved by Finance Committee February 22, 2010) 18. Motion to approve request for extension of TMA Contract. (Approved by Finance Committee February 22, 2010) 19. Motion to approve a contract with Historic Augusta, Inc. in the amount of $10,000, to complete Phase II of the Downtown Walking Tour Brochures Project. (Approved by Finance Committee February 22, 2010) 20. Motion to approve Utilities Budget Adjustments as required for the 2009 Year-End Audit. (Approved by Finance Committee February 22, 2010) ENGINEERING SERVICES 21. Motion to authorize the execution of an agreement with the U.S. Department of the Interior U.S. Geological Survey (USGS) for the installation and operating of monitoring wells to investigate water levels and water quality for Augusta’s Groundwater Production Facilities in the amount of $80,000. (Approved by Engineering Services Committee February 22, 2010) 22. Motion to authorize spending of Augusta Utilities Department funds in the amount of $171,806.47 to provide network and telecommunication services to AUD’s Construction and Maintenance Facility at 1840 Wylds Rd. These expenditures include the installation of fiber optic cabling and purchase of associated networking and telecommunications equipment. Award the contract to install fiber optic cabling to Southeast Utilities of Georgia, Inc. in the amount of $137,104.60. (See attached quote). Approve the purchase of associated network and telecommunications hardware in the amount of $34,701.87. (See attached city of Augusta IT quote) (Approved by Engineering Services Committee February 22, 2010) 23. Motion to approve amendment to contract with ATC Associates, Inc. for Construction Materials Testing and Special Inspections services associated with construction of the Webster Detention Center Expansion. (Approved by Engineering Services Committee February 22, 2010) 24. Motion to approve and authorize the Engineering Department to prepare and submit a project proposal to EPA to receive financial assistance through the Community Action for a Renewed Environment (CARE) grant program. (Approved by Engineering Services Committee February 22, 2010) 5 25. Motion to approve a request from the Georgia Historical Society to approve a commemorative marker on Broad Street near Goodrich Street. (Approved by Engineering Services Committee February 22, 2010) 26. Motion to authorize execution of Change Order #4 in an amount not to exceed $52,722.00 to Crowder Construction for additional work on the Goodrich Street Raw Water Pumping Station contract. (Approved by Engineering Services Committee February 22, 2010) 27. Motion to approve award of the Agreement for Maintenance of the Building Automation Systems at the Municipal Building, LEC and Charles B. Webster Detentions Center (CBWDC) to Southeast Automated Systems in the amount of $109,292.00. This agreement is for one year with option to renew for two additional single year terms. (Approved by Engineering Services Committee February 22, 2010) 28. Motion to approve the purchase of required security equipment for the entrance lobby screening of people entering the new ARC Judicial facility from Rapiscan Systems for $77,696.20. (Approved by Engineering Services Committee February 22, 2010) PETITIONS AND COMMUNICATIONS 29. Motion to approve the minutes of the regular meeting of the Commission held on February 16, 2010. ADDENDUM 33. Motion to add and approve authorizing the Administrator to expend up to $95,000 from SPLOST funding designated for the Municipal Building and/or Utilities funding for enhancement of security for the Municipal Building. 35. Motion to approve Cancellation of Security Deed for the Marion Building, LP regarding property located at 739 Broad Street. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Hatney: Madam Clerk --- The Clerk: It’s unanimous. Mr. Hatney: --- abstain on alcohol. The Clerk: Yes, sir. That motion carries 9-0 with Mr. Hatney abstaining on alcohol petitions. And to allow the Commission and the Mayor to know Commissioner Grantham would not be in attendance today. Mr. Hatney abstains. Motion carries 8-1. [Items 3 - 7] Motion carries 9-0. [Items 1-2, 8-29, 33, 35] Mr. Mayor: Thank you, Madam Clerk, on to the regular agenda. 6 The Clerk: FINANCE 30. Motion to approve amending the ordinance to reduce the gas allowance for commissioners from 125 gallons per month to 50 gallons per month. (No recommendation from Finance Committee February 22, 2010) Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, I had put this on Finance and I believe in these stringent times that it is appropriate for us to reduce this allowance. I think that given the fact that we’re probably going to make some serious budget adjustments in the next several months that we ought to show some leadership and start with some of own perks. Mr. Mayor: Okay, would you like to --- Mr. Brigham: I’ll make that in the form of a motion. Mr. Mayor: Thank you, Mr. Brigham. Is there a second? Mr. Bowles: Second. Mr. Mayor: Okay, we have a motion and second. Commissioner Johnson. Mr. Johnson: Reverend Hatney had his hand up first. I’ll yield to Dr. Hatney first. Mr. Mayor: Did we get a second to that, Madam Clerk? The Clerk: Sir? Mr. Mayor: We had a motion oh, Joe Bowles seconded it. Okay, Commissioner Hatney then Commissioner Johnson. Mr. Hatney: Mr. Mayor, we do this every year as regards to as it pertains to these 125 gallons per month. And I do know we’re living in tough times. But at the same time gasoline is no less expensive on Commissioners than it is on other individuals. And whereas our city does have a policy where they reimburse individuals who use their own vehicles for the gas that they use, for the mileage at least I just have some heart beat as to whether or not it’s prudent to even worry about 125 gallons of gas. I just think we need to task our individual commissioners with being more proactive in holding the line when they can. Because I don’t believe that it will be fair to ask anybody to use, to purchase less than a tank a week. I just think it’s difficult as we look at that. If you want to be real there are some vehicles that don’t get much gallons of gas to start with. So 125 gallons of gas makes it sound like a lot but I don’t believe that it’s being overly abused. I’ve studied this and looked into it and have been struggling with this for the last three or four years because it comes up every year. So if we’re going to make any adjustments 7 what so ever I just don’t think we should permit ourselves to strap our folk who are trying to do a good job, who are trying to do what they can in the community. Because even though they are commissioners assigned to say for instance commissioner to maybe assign that that particular district that particular person has to go further than just his own district because at the end of the day every commissioner basically represents this whole city. Mr. Mayor: Okay. Mr. Hatney: So I just think we ought to just leave it like it is. And I would actually offer a substitute motion that we just leave it just like it is. Mr. Johnson: I’ll second that motion. Mr. Mayor: Okay we have a substitute motion and a second. Commissioner Johnson, then Commissioner Lockett. Mr. Johnson: Thank you, Mr. Mayor. I’m going to take it back on that and of course I did speak to my colleague Jerry about this item yesterday. And I did tell him I had a disagreement with it because I think not only are we the elected officials elected by the people that we are the, we are the ones that set policy and procedure here. And I think if we’re going to look at cutting the budget we got to start looking at the operations, our day-to-day operations and it starts with the Commission. Of course we have given our lives to service. A lot of people don’t even attempt to do such things. And some of us have careers that we have, business a job what have you. And when you have to take off time to do that it takes money off the table of your home and also out your family’s mouth. So you have to make those adjustments. We don’t make a big salary as Commissioners and I’m not arguing about that. That’s fine. But at the same time these things was put in place way before we got here to give us an option if need be to use that to do what we need to do. And I do a great deal of traveling throughout my district and I have three automobiles. I only use one and I only use their card on one of those vehicles as when I’m doing Commission business. But I think that to take that and limit that and say well you won’t need but that it’s taking away that option that the Commission do have. And so I disagree with that. I think we need to start being mindful and careful about that because we don’t want to send a perception that anybody’s abusing or misusing anything because we’re not. It’s probably not even one-percent of the fuel budget that the Commission uses because some Commissioners don’t even have the card and that’s their option. We’re not arguing about that as well. I just want to set the tone, you know I don’t like this item continuing to resurface because it seems like that somebody’s abusing or misusing something. That’s not the case. We’re not you know and if my son is not driving the car I’m not going to tell him to park the car because it don’t make sense to tell him to park it because he’s not driving the car. But that’s what happening here. We’re asking us to limit ourselves to 50 gallons or less when we’re probably not even using that much from jump street. But the option is there if we need to use it. So I don’t think we need, if it was something that was being abused I can understand that. But I don’t think anybody up here’s abusing it. I think everybody’s clear on the procedures and policies that are in place for us as commissioners. I think that we need to look at that. Also with the training that we have as well. We’ve been asked to cut back on traveling. 8 Mr. Mayor: Okay. Mr. Johnson: But these are continuing education that we have to have to improve as Commissioners to do a great job for our citizens. We need to start being very careful about limiting our Commissioners on things that the people have elected us to do in office. Thank you, Mr. Mayor. I know I went over but I just had to get that out. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Mr. Mayor, I’ll be brief. I agree with my colleagues Commissioner Johnson and Commissioner Hatney. This is the individual commissioner’s responsibility. He or she must determine how much gasoline they’re going to use. And I found as a new commissioner you travel a lot more in your district because you’re trying to get to know the people in your district and all those entities more than our seasoned commissioners such as my friend and colleague Brigham. He’s done this a long time. He knows everybody in his district but I don’t. Saying this and saying that I have never used my gasoline card and I probably won’t ever use it. But I think that if a commissioner feels that he or she should use it, it should be available. And I can assure you if it’s misused you can rest assured the Augusta Chronicle’s going to pick up on it. Mr. Mayor: Okay, thank you Commissioner Lockett. Mr. Mayor Pro Tem. Mr. Mason: Thank you, Mr. Mayor. I would to have and I just lost my train of thought. Yes, I need for you to come up and just let us know the usage of the gasoline and if anybody’s gone over the, or even around the one twenty-five. I mean what do you have as far as the usage from the commissioners versus what they’re allowed to have? Mr. Crowden: Ron Crowden, Fleet Manager. In 2009 a significant reduction in fuel usage by commissioners. This year only three commissioners are using their card and they’re average fuel up is like twice a month. So that’s around fifty gallons at the most. So there’s been a significant reduction and with only three using it I don’t from a usage standpoint and a management standpoint I don’t see it as an issue. Mr. Mason: Mr. Mayor, thank you. Perhaps we may and I don’t know if Mr. Brigham or somebody else wants to amend their motion there given the fact of the information that Mr. Crowden gave us that that is really not an issue at this point. But as we look at this and listening to Commissioner Lockett, and I know being a first year commissioner I used the card a lot as well because a lot of times the areas that were under represented when you come up, you know they’re looking to you almost as a savior. You’re going everywhere. So I don’t know if there’s something to look at maybe at the tiered gallon for first year commissioners versus other ones. Maybe there’s something other else that we can look at or discuss before moving forward on it today. I don’t know if it’s something based on what we’ve heard that we’d be willing to look at. Mr. Mayor: Commissioner Brigham. 9 Mr. Brigham: Mr. Mayor, you know we are a policy making body. And if we can’t address a policy where it concerns us how can we expect this group to address a policy where it concerns this community. Everybody knows that there has been a use, abuses in the past and there will be probably abuses in the future. And I think that we need to while we have consistency and nobody’s abusing the policy now is an appropriate time to change the policy. And that’s how I feel about it. I’m ready to vote any time anybody else is. Mr. Mayor: Okay. Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. I’d just like to say that in my case District 8 which is larger than most of the city, the rest of them put together in land mass. That’s a long ways out to Blythe and Hephzibah and McBean and it takes a lot of fuel. And of course I always use my truck so it’s the only thing I use my gas card for because I got a four-wheel drive truck. But I don’t know why this is being brought up as minor as it is. We got a lot of big things that we need to do and I don’t know if this is shooting at somebody. I don’t know what it is. But I don’t think that it’s important at this time. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: Mr. Mayor, I brought this issue up probably four years ago. My major, major concern about this, this was drafted before we all got here. As a matter of fact it was drafted back in 1965. Any overages are paid back at thirty-five cents a gallon. So theoretically I could start a business pumping a thousand gallons a month, paying it back at thirty-five cents and selling it for two-dollars. We need to at least update the policy to current standards. Mr. Hatney: That we can change, the overage at the current gas rate. The Clerk: Do you want to --- Mr. Mayor: Well, we’ve got a substitute motion and a primary motion. Mr. Hatney: Substitute motion to leave it as it is but I will amend it to, if there’s overage that it will be reimbursed at the current gas rate. Mr. Johnson: And I’ll second that as well. I think that’s something we need to look at, Mr. Mayor. Mr. Mayor: You don’t need to second it actually since he was amending his motion as long as the seconder is okay. Okay we have a, and, Madam Clerk, for clarity if you could read back the substitute motion as amended by Reverend Hatney. The Clerk: The substitute motion was to leave the gas allowance as is and amending it to for any overage be reimbursed at the current gas rate. Mr. Mayor: Okay, we have a substitute motion and a second. Commissioners will now vote by the substitute --- 10 Mr. Mason: Mr. Mayor? Mr. Mayor: Mr. Mayor Pro Tem. Mr. Mason: Yeah um, I think that we really, that we really need to look, look at this and have that discussion. I understand both sides, I really do. Having used it and then having not used it I understand both sides. And I just think that if we had that discussion that we may be able to look at something that is somewhere in between, be it a tiered system with the change of having the overage at a market rate. I think that’s important. We ought to do that. But I do think that we, that bears an opportunity here for us to meet somewhere in the middle because as he just said nobody uses 125. Probably nobody even uses eighty or ninety, I’m not sure. But I think there’s an opportunity for us to meet somewhere in the middle. And I don’t know how we’d get there from here since we’ve got two motions on the table, a substitute and an actual motion but --- The Clerk: Vote them both down. Mr. Mason: Well, let’s do that. Let’s just vote. Let’s just vote. Mr. Mayor: Okay, Commissioners will now vote by the substitute sign of voting. Mr. Mason: What’s the --- The Clerk: We’re voting on the --- Mr. Mayor: On Reverend Hatney’s --- The Clerk: To leave gas allowances at 125 gallons and that any overage be charged at the current market rate. Mr. Hatney: Current market rate. Mr. Bowles, Mr. Mason, Mr. Jackson and Mr. Brigham vote No. Motion fails 5-4. Mr. Mayor: Okay now the, Commissioners will vote on the primary motion which was once again, Madam Clerk, if you could, please. The Clerk: To reduce the gas allowance for Commissioners from 125 to 50 gallons a month. Mr. Mayor: Commissioners will now vote by the usual sign of voting. Mr. Aitken, Mr. Johnson, Mr. Lockett, Mr. Smith and Mr. Hatney vote No. Motion fails 4-5. 11 The Clerk: Mr. Mayor Pro Tem, you’ve got a motion? Mr. Mayor: Well, now we’ve actually all ready disposed of the agenda item though. The Clerk: No, he can still have one. Mr. Mayor: Unless you’d like to make a motion to --- Mr. Mason: Well, I think --- Mr. Hatney: You’d have to revisit it. Mr. Mayor: Yeah I think, send it back to Committee rather than voting on it again today. Mr. Hatney: Okay. Mr. Mayor: Okay. Mr. Lockett: And if the Committee doesn’t want it back? Mr. Mayor: I’m just going to complain to Commissioner Grantham. He gave me, missed out on two opportunities to break ties today. The Clerk: Are we moving on, Mr. Mayor? Mr. Mayor: Yes, ma’am. The Clerk: ATTORNEY 31. Motion to approve the purchase of property located at: 1832 and 1834 Wylds Road as shown on the attached plat from Golden Eagle Properties, Inc., for a total purchase price of $750,000.00, and to authorize the Mayor and Clerk of Commission to execute such documents as necessary to consummate the transaction, all in form as approved by the Interim General Counsel for Augusta, Georgia. Mr. Mayor: Mr. Attorney. Mr. Mackenzie: Anybody from IT that wants to speak to that? Mr. Wiedmeier: Mr. Mayor and Commissioners this property is, we’d like to purchase this property to consolidate our metering group over on Wylds Road. They’re currently in temporary trailers out at the Hicks Water Treatment Plant and this property is adjacent to the Atlanta Gas Light property that was purchased for our construction and maintenance facilities. 12 Mr. Mayor: Okay, would anybody like to make a motion on this? Mr. Johnson: I make a motion to approve. Mr. Hatney: Second. Mr. Mayor: We have a motion to approve and a second. If there’s no further discussion Commissioner will now, excuse me. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. Fred, did we get an appraisal on this property? I just want to make sure it falls within that appraisal. Mr. Russell: I’ll let Tom speak to that. He’s more versed than I am. Mr. Wiedmeier: Yes, we did have it appraised and we are paying the appraised value, which was higher than the assessed value. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Mayor. My colleague and friend Commissioner Bowles last week was kind of excited about the fact that the county was being taking advantage of when it came to properties. Now what I would need to know is how could this property have been nd appraised at $529,091.00 in 2009 and now March the 2 of 2010 we’re going to buy it for $750,000.00? Mr. Mayor: Commissioner Lockett, just to clarify. That assessed value was the lower value. And then the appraisal came back in at the higher value. Mr. Lockett: We just purchased if I have the record as straight I think we purchased adjoining property ten-point some acres for one-point some million dollars. Is that correct? Mr. Speaker: Yes, sir. I believe that is the adjacent property, the Atlanta Gas Light property. Mr. Lockett: Okay now ten-point some acres for one-point some million dollars. Is this going to be equivalent to that? Mr. Wiedmeier: The facilities are significantly different than I think the appraisal is mostly based on the buildings, not necessarily on just the acreage. Mr. Lockett: Well, I think that building on the particular thing we talked about I believe that building was set at about $35,000.00. Mr. Wiedmeier: I’m guessing that the building --- Mr. Lockett: This information I received from the Board of Assessors this morning. 13 Mr. Wiedmeier: I believe the building is worth a lot more than $35,000.00. Mr. Lockett: So you are telling us as Commissioners that to purchase this for some $50,000.00 that we’re getting a good deal with the taxpayers money. Mr. Wiedmeier: I believe that to be true, yes, sir. Mr. Lockett: Thank you. Mr. Mayor: Commissioner Aitken. Mr. Aitken: With this transition how many of the employees will be moved from one facility to the other? Mr. Wiedmeier: For this particular piece of property I believe it’s about thirty meter repairpersons and meter readers. I’m not sure the number that are going to be moving with construction and maintenance for the, to the property that was previously purchased. Mr. Aitken: And how many employees are stationed out there at the other facility in the trailers? Mr. Wiedmeier: About thirty. Mr. Aitken: Okay. Thank you. 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. Lockett votes No. Motion carries 8-1. Mr. Mayor: Thank you, Madam Clerk, and now on to what I believe is our final agenda item on the regular agenda. The Clerk: OTHER BUSINESS 32. Approve time changes(s) of the Commission/committee meetings. (Requested by Mayor Pro Tem Alvin Mason) Mr. Mayor: Mr. Mayor Pro Tem. Mr. Mason: Thank you, Mr. Mayor. You know we had this agenda item up a couple of weeks ago, maybe a month ago and there was no action taken so we’re bringing it back for consideration today. I really don’t need to get into a long drawn out spiel about the reasons 14 behind it. We decided some legitimate and very good reasons our last time up. What I’m looking to do is to make a motion that we change these meetings to 5:00 p.m. in the evening time to allow the opportunity for our constituents to be a part of this government. To open up and give them an opportunity to come and view what goes on down here and be a part of the process. In addition to that it’s going to allow those business folks who do work an opportunity to still run for positions in this government so that we equal out the process for all persons involved. And I would like to put that in the form of a motion to be effective one April so that it will give the So City Administrator a time to take care of the logistical issues that need to be taken care of. my motion is to move these meeting times to 5:00 o’clock, 5:00 p.m. in the evening effective one April. Mr. Mayor: Do we have a second? Mr. Aitken: Second. Mr. Mayor: Okay, we have a second. And, Mr. Mayor Pro Tem, I just want to say the same thing I said the first time that we had this conversation when you brought this to this body. That really I think anything we can do to further open up this government to public participation is a good thing. And I have shared you know I’m down here all day, every day. The two o’clock time works better for me but this is not about me. It’s about trying to make ourselves and these meetings more accessible to the public. So I’ll applaud you for bringing that forward. Commissioner Brigham. Mr. Brigham: Mr. Mayor, I believe Dr. Hatney reminded me once before that the change in ordinance has got to go through committee. I believe this is an ordinance change since our time is set in ordinance files. So I think first off we need to go through committee. I would like the Attorney to advise us to that whether that’s true or not true. Mr. Mayor: Mr. Attorney. Mr. MacKenzie: I’ll have to check on the rules specifically but I believe the item did go through the committee cycle previously. And I don’t know if it’s been changed in form since it first went through approximately. Mr. Brigham: I know that an adoption of an ordinance takes two readings also, I believe. Mr. MacKenzie: What I can do is check into it if you’d like to. I’ll look into it after Legal and let you know. Mr. Brigham: Okay. The second thing, Mr. Mayor, if we’re changing the time of committees I think that we need to have some respect for the people that are applying for business licenses. Particularly the restaurants and bars because 5:00 o’clock in the afternoon is happy hour and I think that would be their busy time of the day. And I don’t believe that they would like to take time away from their business to apply for a license. That I think that we need to work with our business constituents on a committee time so that they can have the ability to come when it’s their off time just as much as the public can have the ability to participate when 15 it’s their off time, or the majority of them’s off time. And I think we need to look at that when we start adopting these times. I know that a lot of our revenue is raised through alcohol licenses and the structure of the businesses and I think we need to have some consideration for those business people. Mr. Mayor: Commissioner Bowles. Mr. Bowles: I agree with Mr. Brigham’s assessment. Now I know why we have the meetings at two so we can get there at five. But um --- Mr. Hatney: Happy hour! Mr. Bowles: That’s all I need to know. But seriously I do understand Mr. Brigham’s assertion there but so hopefully I guess if we do have to go through two meetings we can preferably have the committee meetings during the you know, maybe 3:30, 4:00 o’clock in the afternoon rather than 5:00 o’clock. Mr. Mayor: Okay. Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. I think that this is a very immature move to do this. This thing has been like this for a long time. It was tried several years ago and it didn’t work. The people did not come and why would we want to do it now other than possibly some of the new Commissioners that have just come on board maybe didn’t do their homework and now they want everybody else to change to suit them. So I really think it’s a bad move and we’re being in Legal in there, we’ve been in Legal for hours. And there’s no telling what time we might get out. So I really feel like that that it would be a bad move as well as we’d be keeping our employees here some of them department heads the whole time that we’re here. So that’s my position. Mr. Mason: Mr. Mayor. Mr. Mayor: Mr. Mayor Pro Tem. Mr. Mason: Yes, let me follow up on that. And of course you know everyone has a right to their own opinion but some thought it was immature for those who have been sitting on this Commission for a long time to have been here starting at two and get out at eight. And so some of you were part of that who didn’t get out until eight or nine o’clock at night time haggling and arguing. What we’ve done as newer Commissioners since we’ve been up here is begin to move this city forward and I was hoping to take a step today in order to continue to do that. And so I still haven’t heard a legal opinion and it certainly didn’t come up the last time that we had this whether or not we can move forward without that committee move. So I need to hear that before I continue on, Mr. Mayor. Mr. Mayor: Andrew? 16 Mr. MacKenzie: I have had a chance to look at some of the rules relating to this particular issue. Rule 4.0 1-02 states “except for emergency ordinances under a different section and some zoning ordinances upon unanimous vote of the Commission counsel no ordinance shall be adopted until it has been read or presented in written form at least two meetings held not less than one week apart.’ A resolution may be adopted at the same meeting at which it was introduced but it requires unanimous consent if it wasn’t previously introduced. But it is my understanding that this particular issue has already been brought before the Commission before and you know you could either do it by unanimous consent or since it has been brought before I don’t think it would violate the particular parliamentary procedures you have in place. Mr. Mayor: To approve it by majority decision? Mr. MacKenzie: Right. Now there still will be the requirements to have it go through, a second reading things of that nature. Same as any other ordinance. Mr. Mason: And that’s the reason I gave that one April time frame. That’s almost 3 days to cover that, the time that’s need in between. Mr. Mayor: Okay, if there’s no further discussion Commissioners --- Mr. Brigham: One question Mr. Mayor. Mr. Mayor: Commissioner Brigham. Mr. Brigham: If we’re going to adopt the ordinance don’t we have to have a written ordinance? Mr. Mayor: Mr. Attorney, Mr. Brigham, Andrew, Jerry? Mr. Brigham: If we’re going adopt an ordinance shouldn’t we have a written ordinance up here to adopt? Mr. MacKenzie: You can’t adopt an ordinance unless you have a written ordinance in place. You can vote for us to create an ordinance. Mr. Brigham: We normally get a copy of the ordinance so we know what we’re doing? Mr. Hatney: Which would achieve the same thing? Mr. Mayor: Okay, Mr. Mayor Pro Tem, would you adjust, I mean would you amend your motion to direct the Attorney to develop the ordinance to reflect the changes that you requested? Mr. Mason: Yes, sir. 17 Mr. Mayor: Okay. Okay, if there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Smith votes No. Motion carries 8-1. Mr. Hatney: Mr. Mayor, may I make one more statement? Mr. Mayor: Point of Personal Privilege? Mr. Hatney: Another thing. In view of the fact that that vote was 8-1 or all the other stuff y’all are talking about ain’t even necessary. But you do need the ordinance. Because 8-1, eight votes can change anything in the document. Eight votes you just need to cast. Mr. Mayor: Okay. All righty, I think that’s a step forward. And, Madam Clerk, I don’t think we have any further agenda items, do we? The Clerk: No, sir. Mr. Mayor: But I believe we do have need for a Legal, is that correct, Andrew? Mr. MacKenzie: Yes, we do have a need for a Legal for pending and potential litigation as well as personnel issues. Mr. Mayor: Can I --- Mr. Hatney: Will it be quick, Mr. Mayor? Mr. MacKenzie: And one security issue. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 34. Motion to approve going into a Legal Meeting. Mr. Mayor: He says yes. Can I get a motion to go into Legal for that reason? Mr. Mason: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. 18 Mr. Jackson and Mr. Smith vote No. Motion carries 7-2. Mr. Mayor: We are in Legal. [LEGAL MEETING] Mr. Mayor: Okay, if everybody’s ready to go I’ll go ahead and call the meeting back to order. 36. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Hatney: So moved. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, members of the Commission, it would be appropriate at this time to receive a motion to authorize me to approve to spend up to $95,000 out of SPLOST dollars designated from this building and/or utility dollars. We did not mention there’s a small amount that would be paid for by the Utility Department for enhancement of security to this facility. Mr. Hatney: So moved. Mr. Jackson: Second. Mr. Mayor: We have a motion and second. If there’s no further discussion Commissioner will now vote by the usual, oh, Andrew? Mr. MacKenzie: Well, we need to do a motion to add and approve. Mr. Hatney: So moved. Mr. Mayor: And you’re, Reverend Hatney, you’re amending your motion to reflect that and approve. Okay. Commissioners will now vote by the usual sign. Motion carries 9-0. 19 Mr. Mayor: Thanks gentlemen, good meeting and if there’s 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 March 2, 2010. ______________________________ Clerk of Commission 20