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HomeMy WebLinkAboutRegular Commission Meeting April 19, 2011 REGULAR MEETING COMMISSION CHAMBER APRIL 19, 2011 Augusta Richmond County Commission convened at 5:00 p.m. April 19, 2011, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, Smith, Aitken, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hon. Hatney, member of Augusta Richmond County commission. Mr. Mayor: Okay, in the interest of time I’m going to go ahead and call the meeting to order. And I’d like to call on Pastor Ronald Wright, Ebenezer Seventh Day Adventist Church for our invocation. Please stand. The invocation was given by Pastor Ronald Wright, Ebenezer Seventh Day Adventist Church The Pledge of Allegiance to the Flag of the United State of America was recited. Mr. Mayor: And, Pastor, if you could please come forward. And I just want to personally thank you for those wonderful words and that wonderful prayer. Office of the Mayor. By these present be it known that Pastor Ronald Wright, Ebenezer Seventh Day Adventist Church is Chaplain of the Day. For his spiritual guidance demonstrated throughout the th community serves as an example for all of the faith community. Given under my hand this 19 day of April 2011. Deke Copenhaver, Mayor. (APPLAUSE) Mr. Mayor: We go to the “Y” together so I’ll see him at the gym in the morning too. Madam Clerk, I’ll go ahead and call the consent agenda. The Clerk: Our consent agenda consists of items 1-31, items 1-31. For the benefit of any objectors to our Planning Petitions, once those petitions are called would you please signify your objections by raising your hand. I call your attention to: Item 1: Is a Special Exception for Windsor Spring Road Baptist Church to relocate a church at property located at 3692 Windsor Spring Road. Item 2: Is for change of zoning from a Zone A (Agriculture) to a Zone B-2 (General Business) affecting property at 3682 Windsor Spring Road. Item 3: With conditions from a R-1A zone and 2) if use should cease the zoning shall revert to a R-1A for changing zoning from a R-1A (One-family Residential) to Zone R-3C (Multiple-family Residential). Item 4: Is a petition for a change of zoning for a Zone B-2 (General Business) to Zone R- 1E (One-family Residential). 1 The Clerk: Are there any objections to those Planning petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: I call your attention to the Public Services portion of our agenda. Once the petition is called would you please signify your objection by raising your hand? I call your attention to: Item 5: Is for a wholesale Wine license to be used in connection with Cajon Wholesale Company located at 3070 Damascus Rd. Item 6: is for a retail package Beer & Wine license to be used in connection with EZQ Food Store located at 2160 Martin Luther King Blvd. The Clerk: Are there any objectors to those petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Mr. Mayor, members of the Commission, our consent agenda consists of items 1-31 with no objectors to our Planning or Alcohol petitions. Mr. Mayor: Thank you, ma’am. Do we have any items to be added to the consent agenda? Excuse me, Commissioner Jackson? Mr. Jackson: Item thirty-five. Mr. Mayor: Okay. Any further items to be added? Any items to be pulled for discussion? Commissioner Mason. Mr. Mason: Thank you. I want to pull item number nine. Mr. Mayor: Okay, any further items to be pulled for discussion? Hearing none I’d look for a motion to approve the consent agenda. Mr. Jackson: So moved. Mr. Johnson: Second. CONSENT AGENDA PLANNING 1. Z-11-14 – A request for concurrence with the Augusta Planning Commission to approve a petition by S.D. Clifton Construction Co., on behalf of Windsor Spring Baptist Church requesting a Special Exception to relocate a church per Section 26-1 (A) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 9.77 acres and is known as part of 3692 Windsor Spring Road. (part of Tax Map 141-0-007-02-0) DISTRICT 4 2 2. Z-11-15 – A request for concurrence with the Augusta Planning Commission to approve a petition by William A. Trotter, on behalf of Windsor Spring Baptist Church, requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting property containing 4.50 acres and is known as part of 3692 Windsor Spring Road. (part of Tax Map 141-0-007-02-0) DISTRICT 4 3. Z-11-16 – A request for concurrence with the Augusta Planning Commission to approve with conditions 1) that the only use of the properties by group or congregate personal care homes or those uses permitted in an R-1A zone and 2) if the use should cease the zoning shall revert to R-1A; a petition by Jeffrey Plair, on behalf of Justine Plair, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-3C (Multiple-family Residential) affecting property containing approximately .47 acres and is known as 2014 and 2016 Scott Road. (Tax Map 098-2-067-00-0 & 098-2-069-00-0) DISTRICT 2 4. Z-11-17 – A request from concurrence with the Augusta Planning Commission to approve a petition by Michael Beckman III requesting a change of zoning from Zone B-2 (General Business) to Zone R-1E (One-family Residential) affecting property containing approximately .20 acres and is known as 838 Greene Street. (Tax Map 047-1-212-00-0) DISTRICT 1 PUBLIC SERVICES 5. Motion to approve New Application: A.N. 11-13: request by Christopher Jones for a wholesale Wine license to be used in connection with Cajon Wholesale Company to be located at 3070 Damascus Rd. District 5. Super District 9. (Approved by Public Services Committee April 11, 20111) 6. Motion to approve New Ownership Application: A.N. 11-14: A request by Nancy Pak for a retail package Beer & Wine license to be used in connection with EZQ Food Store located at 2160 Martin Luther King Blvd. District 2, Super District 9. (Approved by Public Services Committee April 11, 2011) PUBLIC SAFETY 7. Motion to approve Resolution reaffirming the necessity of the 911 and the Wireless Enhanced 911 charges. (Approved by Public Safety Committee April 11, 2011) 8. Motion to approve amendment of the Fort Gordon contract with Augusta-Richmond County Animal Control to process and impound stray animals delivered by Fort Gordon. (Approved by Public Safety Committee April 11, 2011) ENGINEERING SERVICES 10. Motion to approve Augusta Utilities search for Downtown Customer Service Office location. (Approved by Engineering Services Committee April 11, 2011) 11. Motion to approve the Capital Improvements Program Manager’s recommendation to issue Change Order to Potts Construction to proceed with Design/Build of additional parking for the Judicial Center on the County owned property at the corner of Walker Street and James Brown Blvd. (Approved by Engineering Services Committee April 11, 2011) 12. Motion to award bid to Robert M. Anderson Inc. (Low Bidder) in the amount of $18,487 for the removal of 160’x36” failed corrugated metal pipe (CMP) on Bennington 3 Drive. The failed CMP will be replaced with HDPE. (Approved by Engineering Services Committee April 11, 2011) 13. Motion to approve award of a contract for replacement of existing roof on the Former Chamber of Commerce Building to Young’s Roofing of Martinez, GA and accept deductive alternate #2 for a contract amount of $81,280. (Approved by Engineering Services Committee April 11, 2011) 14. Motion to approve funding for an extension of the Southeastern Natural Sciences Academy (SNSA) Savannah River at Risk study. (Approved by Engineering Services Committee April 11, 2011) 15. Motion to authorize additional funds in the sum of $8,696.00 to acquire title of property for certain easements for the 50202-Horsepen Sanitary Sewer, Phase 2-B Project (Parcel 128-0-026-00-0) 2920 Tobacco Road. (Approved by Engineering Services Committee April 11, 2011) 16. Motion to approve bid award to Blair Construction (Low Bidder) for Morgan Road in the amount of $46,900 for the removal of 360’x60” failed corrugated metal pipe (CMP). Failed CMP will be replaced with HDPE. (Approved by Engineering Services Committee April 11, 2011) 17. Motion to approve bid award to Harris Trucking and Construction (Low Bidder) in the amount of $47,300 for the removal of 200’x42” failed corrugated metal pipe (CMP) on National Ave. @ New Savannah Road, which will be replaced with corrugated HDPE. (Approved by Engineering Services Committee April 22, 2011) 18. Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary construction easement for 60106-Butler Creek Interceptor Upgrade, West. PIN: 082-1-043-00-0. Address: 2406 Belfair Lakes. (Approved by Engineering Services Committee April 11, 2011) 19. Motion to approve the purchase of (3) Ford F-350 Trucks off Georgia State Contract SWC90795. (Approved by Engineering Services Committee April 11, 2011) 20. Motion to authorize the notification of the selection results to prospective firms and proceed with negotiations of a contract with the top ranked firm, Allen-Batcheler, for the renovations to the Customer Service-Metering Division’s building on Wylds Rd. (RFQ#11- 100) (Approved by Engineering Services Committee April 11, 2011) 21. Motion to approve a Resolution requesting the restoration of funding by the United States Congress to repair the New Savannah Bluff Lock and Dam. (Approved by Engineering Services Committee April 11, 2011) 22. Motion to approve the Capital Improvement Program Manager’s recommendation to select ATC Associates, Inc. for Material Testing, Special Inspections and NPDES Monitoring services for the Augusta, Georgia Sheriff’s Office Building. (Approved by Engineering Services Committee April 11, 2011) 23. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Southern Region Industrial Realty, Inc., as owner, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvement Project, all of the property shown crosshatched on the map dated September 14, 2007 from the property located at 1406 Marvin Griffin Road, private, at the purchase price of $8,300.00. (Approved by Engineering Services Committee April 11, 2011) 24. Motion to authorize the notification of the selection results to perspective firms and proceed with negotiations of a contract with the top ranked firm, AECOM, for the update 4 to AUD’s Water and Wastewater Systems Master Plan (RFQ #11-054). (Approved by Engineering Services Committee April 11, 2011) 25. Motion to authorize the notification of the selection results to perspective firms and proceed with negotiations of a contract with the top ranked firm, McKim & Creed, for the update to AUD’s Utility Business Plan (RFQ #11-055). (Approved by Engineering Services Committee April 11, 2011) 26. Motion to authorize the notification of the selection results to perspective firms and proceed with negotiations of a contract with the top ranked firm, Galardi Rothstein Group, for a Water and Wastewater Rate Study (RFQ #11-056). (Approved by Engineering Services Committee April 11, 2011) 27. Motion to award bid to Blair Construction, (Low Bidder), in the amount of $15,400 for the removal of 150’x30” failed corrugated metal pipe (CMP) on Wakefield Place, to be replaced with HDPE. (Approved by Engineering Services Committee April 11, 2011) PETITIONS AND COMMUNICATIONS 28. Motion to approve the minutes of the regular meeting of the Commission held March 30, 2011 and Special Called Legal Meeting held April 11, 2011. APPOINTMENTS 29. Motion to ratify the following ARC Legislative Delegation appointments/reappointments to various ARC Boards, Authorities and Commissions: Elmyria Chivers, Board of Zoning Appeals replacing Kelly McKnight; Hartley Gibbons, Citizens Advisory Board; Cedric J. Johnson, Coliseum Authority; Board of Tax Assessor’s Robert O’Neal and Brain Simpkins. 30. Motion to approve the following appointments/reappointments representing District 8: Brian Tucker, Citizen Small Business Advisory Board; Robert Cheek, Public Facilities, Inc.; Gene Workman, Animal Control Board; David Penix, Riverfront Development Review Board; Thomas L. Atkins, Personnel Board; Paul Muckenfuss, Augusta Port Authority; Ashbury Lawton, Jr., General Aviation Commission; Brent Weir, Planning Commission; Mike Russell, Historic Preservation Commission; Sid Mullis, Tree Commission; Robert Woodhurst, Canal Authority; Evett Davis, Board of Zoning Appeals; and Doug Lively, Augusta Aviation Commission. 31. Motion to approve the appointment of Paulette Curry to Augusta Aviation Commission representing District 9 due to the resignation of Bernard Silverstein. ENGINEERING SERVICES 35. Motion to ratify the agreement between Augusta, GA. And Lamar Advertising Company in association with the GATEWAY grant award from the Georgia Department of Transportation in the amount of $50,000. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Motion carries 9-0. [Items 1-8, 10-31, 35] Mr. Mayor: Madam Clerk, let’s go to the pulled item first. 5 The Clerk: FINANCE 9. Motion to approve the Development Agreement for the Village at Riverwatch. (Approved by Finance Committee April 11, 2011) Mr. Mayor: Commissioner Mason, I believe this was your pull? Mr. Mason: Yes, thank you, Mr. Mayor. I just need some clarification on the I guess from the City Administrator or Finance or whoever you choose to do so, on the particulars of this particular deal in reference to what our, we are giving as a city in terms of any tax breaks, whatever it is. I’d like to kind of hear it and get that on record here. Mr. Russell: Diane’s here who actually helped work out the project. She’s out in the hall if I can get her to come in she could probably explain it a whole lot quicker than I could. Diane McNabb, our Financial Advisor, worked with us over the last several projects with, for me with her over the years. Mr. Mayor: Welcome Diane. Ms. McNabb: Thank you, it’s good to be here. I’ll be glad to answer your questions. For this particular project of course the purpose is to get development going so that the rest of the project will develop on its own. So in relation to just the COSTCO facility only the city will be contributing over time as the funds are received 65% of the sale of the Local Option Sales Tax that’s received and then the incremental property tax received on the facility which is $40,000 a year I think? About $40,000 a year. Relatively small. Again it’s incremental. And only 65% of the sales tax. So the city will get 35% of the sales tax going directly into the general fund. We did it that way because we were assuming that theoretically not, well 100$ of the increment property taxes is new money for the city. We assumed that some of COSTCO’s sales are not in fact incremental sales but sales that would’ve occurred elsewhere in the county anyway. And so the 65% of the sales tax on the COSTCO facility only when COSTCO proves that in fact that’s what they have filed and paid to the state. If they do not provide proof of their filing and payment to the state there will not be any credit given. And then for Phase One which is strictly the out parcels adjacent to the COSTCO the city’s going to contribute 75% of the Local Option Sales Tax of the new sales in that area. So 24% will go into the general fund, 75% will go back into the project again only to the extent that the retailers who locate in that facility which have not yet been identified. Only if and when they provide proof that they have filed and paid that tax to the benefit of the city. That will be in place for up to 25-years or until the total reaches $10 million dollars. Now the current, and they’re going receive also the incremental property taxes from the schools. Mr. Mayor: And the school board approved that. Ms. McNabb: The school board’s already approved it, that’s already in place and of course that’s a much larger chunk of property tax money. But of course the school system is 6 going to receive the sales tax from the project. Now that ten million if ten million is not generated within that 25-year period it goes away. Your obligation to provide any additional funds disappears at that point. And if it, if you, if it generates ten million before then at that point you get 100% of everything after that. Now that is with that ten million is in order to promote the development of 100 million or so in the balance of the development. And it’s not at this point, certainly not the intention of the city to provide any incentive on the balance of Phase Two of the project or the balance of the facility on the property tax incremental phase or the little out parcel phase. So it’s some sales tax and the property tax increments on just the phase one outparcels around COSTCO and then the COSTCO. And the intent is that then that investment by the city is going to spur development of the vast remainder of that project. I think it’s much better than most governments negotiate for such a facility. You’re not issuing any debt associated with it so you’re not at risk. If at some point in the future COSTCO were to disappear you wouldn’t if whereas most cities issue debt to secure that, to provide the ten million dollars and if at some point the facility disappears the retailer disappears they’re on the hook. So in this case you have definitely minimized your risk to the max. Mr. Mason: I’m glad you used the word minimized because there’s always –-- Ms. McNabb: There’s always --- Mr. Mason: --- risk associated with it. And I do understand that you’re talking about in terms of the Phase One where we, I believe you said Phase One where we’re the city has not made any agreements in terms of sales tax and those sort of things but that’s down the road. We really don’t know what’s going to happen from that standpoint. Um, but just to be clear I just want to make sure I understand that for 25 years potentially there’s going to be, the city contributes 65% in the LOST tax, Local Option Sales Tax, right? And so 35% of that comes to the city. That’s what I’m understanding. Now when you say come to the city what part of the school board or what part of that does the school board get? Ms. McNabb: None. Mr. Mason: Zero, okay. Now and then you said 40,000 incrementally in terms of the property tax I think I heard you said. Now what would it normally be if that incremental funding or that incremental amount was not there. What would be the normal amount? Ms. McNabb: You mean before the incremental amount? Mr. Mason: Right? Ms. McNabb: I think it’s very minimal, like $10,000 dollars maybe? Mr. Russell: We’re just paying on empty land now. Ms. McNabb: Right it’s just empty, it’s whatever the taxes are due on empty land. The real, I mean, the real significance is once they build a building there and then it has assessed value associated with it that you levy the property tax upon. 7 Mr. Mason: Which, which and I --- Ms. McNabb: The COSTCO facility. Mr. Mason: And that’s what I’m trying to get clarity on when the actual building is sitting there. We’ve got, not just a partial but you’ve got a physical structure. Are you saying at that point the $40,000 dollars is incremental to that structure that’s sitting there? Ms. McNabb: It’s incremental to that site. So you’ve got, right now you’ve got a piece of raw land that has very limited assessed value, very limited tax. And the incremental, once the building goes on there then the assessed value will go up and the taxes that will be generated on that assessed value will be about $40,000 dollars. And that facility as Tim reminded me is already in your tax allocation district so the incremental property tax on that facility is required to be invested back into development within the TAD. So you would be putting that $40,000 dollars a year back into the TAD development anyway. It’s just at this point you are identifying exactly where you’re going to put it. Mr. Mason: No debt obligation, no upfront monies um, is what I heard you say I think? Is that correct? Ms. McNabb: That’s right. Mr. Mason: Okay. And once the ten million, because that seems to be the kicker here, once the ten million is seen or realized then we’re out of the ball game. Ms. McNabb: You’re out of that ball game. Now there is interest costs associated with that. Mr. Mason: That’s what --- Ms. McNabb: The interest, yes, there’s interest costs associated with that that the developer of course is paying. They’re borrowing the ten million to build the facility. And so there will be an interest cost associated with the ten million but that’s the cost of funds over that 20-year, either fifteen or twenty or 25-year period whatever it takes to get to that ten million dollars. And you will not be paying any more interest than the developer is paying. Plus I can assure it’s based on the expected interest rates. They are not in excess of, if you were to try to borrow the money yourself up front the interest rate is about the same as you would be borrowing yourself except now you won’t be on the hook for the bond, for any debt. If the project does not generate ten million dollars in that 25-year time frame you’re off the hook. Or more importantly if COSTCO were not to remain in the facility or if they did not provide the proof that they paid those sales taxes they get no credit. You don’t pay them anything. Mr. Mason: Okay, great. My last question is did we go through or do this in conjunction with the Richmond County Development Authority or is this something we did from a city standpoint ourselves? 8 Ms. McNabb: It was done just from the city standpoint because there is no debt to be issued. When the original project that was proposed for that site was a Bass Pro that, the developers had proposed that the Richmond County Development Authority issue bonds in order to fund the construction of that facility and that the city be the obligor on those bonds that would be repaid with the increment. And in this case there was no need to go through the development authority because you’re not issuing any debt. Mr. Mason: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Diane, I voted for this in committee but I do have one question. On page 51 of the packet we received Special Fund Revenues. I want to make sure I understand. Year one it says Local Option Sales Tax $635,050.00. And then it goes across to Property Tax $41,182, Board of Education then total. Just briefly what is that telling me? Ms. McNabb: The Local Option Sales Tax that is the 65% of the COSTCO, of the tax that COSTCO is expected to generate. Mr. Lockett: Okay. Ms. McNabb: The $40,000 dollars is the property tax that COSTCO is going to pay to the city. So this (unintelligible) sales tax COSTCO will pay to the state, the state will pay it to the city. Mr. Lockett: Okay, I think I understand. These are all projections. Mr. McNabb: Absolutely. Mr. Lockett: This is what you anticipate. Ms. McNabb: That’s right. That’s what the projections are and the, of course this would show what you’re going to, that it’ll be paid back much sooner than 25 years. But the beauty of this is you’re not on the hook for it. Mr. Lockett: I understand now. Thank you. Mr. Mayor: Okay. Commissioner Brigham, did you? Mr. Brigham: I make a motion to approve. Mr. Jackson: 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. Mason votes No. 9 Motion carries 8-1. Mr. Mayor: And, Diane, thank you for your presentation. And just for the benefit of the citizens and the public and the people watching at home it’s the jobs figures I believe 175 and they are looking to be open by Christmas of 2011, Christmas of this year so --- Ms. McNabb: (Inaudible) Mr. Mayor: --- absolutely the economy can always use it. Thank you, ma’am. Madam Clerk, on to the first agenda item. The Clerk: ADMINISTRATIVE SERVICES 32. An Ordinance of the Board of Commissioners of Augusta, Georgia to Amend an Act Entitled “An Act to Create a Board of Commissioners for Roads and Revenues for the County of Richmond; To Define their Powers and Duties; and for Other Purposes”, approved Augusta 19, 1907 (GA. L. 1907, p. 324), as amended by an Act approved August 14, 1931 (Ga. L. 1931, p. 555), as amended by an Act approved March 10, 1964 (Ga. L. 1964, p. 2809), as amended by an Act approved March 10, 1964 (Ga. L. 1974, p. 2810), as amended by a Act approved March 21, 1970 (Ga. L. 1970 p.3325), as amended by an Act approved March 21, 1970 (Ga. L. 1974, p. 3327), as amended by an Act approved March 22, 1974(Ga. L. 1974, p. 3034), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 3562), as amended by an Act approved April 17, 1975 (Ga. L. 1975, p. 3857), Home Rule Ordinance approved December 7 and 21, 1976 (Ga. L. 1977,p. 4559), Home Rule Ordinance approved May 1 and May 15, 1979 (Ga. L. 1980 p.4590), as amended by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245), and Home Rule Ordinance approved February 19 and March 5, 1991 (Ga. L. 1992, p. 7048), relating to those provisions which survived consolidation; to strike language requiring that the Administrator have an office at the Courthouse; to update the name of the government; to repeal all Local Laws, Charter Sections, Code Sections and Ordinances and parts of Local Laws, Charter Sections, Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (No recommendation from Administrative Services Committee April 11, 2011) Mr. Mayor: Et all, et all, et all. Mr. MacKenzie. Mr. MacKenzie: Sure, this is essentially a, I guess a modification to existing local laws to reflect the change in location for the Court House. I believe the existing location is Superior Court not necessarily in this particular building but at this location. It’s been there for approximately 190 years. But with the new Judicial Center the Court House is anticipated to th have their last session here on I think it’s April 29 and then we’ll be moving. There are some local acts that are still on the books from some of these older laws which reflect that the Commission will meet at the Court House for county business and there’s also a provision that says the Administrator will have an office at the Court House. And there’s also some of the older language that reflects Richmond County although in 1997 the law was changed to reflect 10 the name of the government as Augusta, Georgia. This is some proposed amendments to update those local acts to reflect the changes so that the Commission will have their meetings in this building instead of at the Court House. Mr. Mayor: Okay, thank you, sir. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I hate to sound like a broken record but I’m going to be brief and go through it again. Augusta Richmond County Code Section 1-2-40 readopted July 10, 2007 subject to devote full time to duties of office and I quote. The Administrator for Augusta Richmond County shall devote his entire time to the duties of his office and shall maintain his office at the Court House or the Municipal Building. Augusta Richmond County Code Section 1-2-40 readopted July 10, 2007 Chapter Two Administration. Article One Commission Section 1-2-2 says the meeting time and place for committees. All Commission regular meetings shall be held on the first and third Tuesday of each month at the st Municipal Building Lee Beard Commission Chambers. And it was amended on April the 1 2010 said all regular Commission meetings shall be held in the Municipal Building in the Lee Beard Commission. And lastly House Bill Number 662 Act Number 220 General Assembly. To amend and act provided for the consolidation for Richmond County in the City of Augusta approved March 27, 1996 and I quote. Said county wide government shall be a new political entity or body politic and corporate and a political subdivision of the sate to be known as Augusta Georgia at times and in this act called the consolidated government. And this act shall become effective on July 1, 1997. Mr. Mayor: Okay, Commissioner, your two minutes is up. Mr. Lockett: I (inaudible) Mr. Mayor: Would you like to be? Okay. Commissioner Mason. Mr. Mason: Uh yes, the only thing I want to add to that is prior to I guess the Administrative Services Committee meeting I’ve never heard any conversation in reference to moving. We do have some incidences on record as well as some off the record dialogue. I know that I had personally with the City Administrator that referenced the second floor and how we were going to change and utilize that for the Commission meetings as well as some potential space for Commissioners since they don’t have any offices. That was the only dialogue or conversation I ever heard in reference to that. So quite naturally at that particular point we were talking about staying right here. So my only thing against this is that there’s any appropriate way to operate and do business and this is what causes some of the issues that you have up here on this Commission. You can help heal the divide that’s here by operating appropriately. That’s all I’m asking you to do. I could less. I’ll meet you outside Joe in the parking lot like you said. I don’t have a problem with that. I really don’t. Mr. Mayor: No, but let’s clarify. You’re not asking him to go outside in the parking lot. Mr. Mason: No, but I can put that in a motion and we can do business. It really doesn’t matter to me. But the fact of the matter is, is that all of the dialogue up until this point was about 11 that. I’m trying to figure out, when did the dialogue change? Because I know I haven’t had any dialogue with anyone. I don’t know if anybody else up here has. When did that change so that it doesn’t come at the last minute you know saying that we’re supposed to be over at the Judicial Center? Now I don’t know of any conversation that talked about where we would meet over there. We already have a parking issue with only 300 spaces, 240 employees now you’re talking about bringing us over there too. We already got that issue. I know we’re trying to do some more parking. We don’t have that finished yet. When did we have the dialogue to move everything over when the last dialogue certainly that I’ve had with the City Administrator was in reference to the second floor and us going down to meet there and us making those changes? So I don’t know, I don’t know when the dialogue changed. Mr. Mayor: And just to clarify, Commissioner Mason. It has been my understanding this is semantics to allow us to continue to meet where we are right now. But my understanding as well has always been we will stay in this building. It’s been my understanding I’ll be moved to the second floor as well but there’s to the best of my knowledge there’s not any ongoing efforts to move this body to the new facility. Mr. Mason: Well, what is this you know meeting at the court house? Mr. Mayor: Well and Mr. MacKenzie, can you? That’s from the old law and this building was referred to as the court house. This has been the site of the courthouse. It gets, obviously as with a lot of things in Augusta it tends to get pretty confusing. But is that correct, Mr. MacKenzie? Mr. MacKenzie: Sure and actually I’m glad Commissioner Lockett brought up some code amendments that were made that did purport to change the location of the meetings including the Commission meeting. For whatever reason the local act though was never amended when those changes were made. This is an attempt just to clean up some of the minor language to strike that out because up until this point there was never a time in which the commission location meeting and the court house meeting was different. And so this is just to reflect the removal of the words ‘at the court house’ so the Commission does not have to move over to the new Judicial Center which will become the new courthouse. It’s to keep a status quo to continue to have the meetings in this building rather than to move to the other building. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. You know it’s really said when we’ve got to go back to a hundred years to amend an ordinance. House Bill 805 the Charter Section 20 states and I quote. All laws and parts of laws in conflict with this act are repealed. So you don’t have to back a hundred and seven years, Mr. General Counsel. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. MacKenzie, was the courthouse legislation in conflict with that? 12 Mr. MacKenzie: At the time of House Bill 805 which was a consolidation act the Commission also and the courthouse both had their meetings at the same location. So at that point in time there was, would be no conflict with regard to that particular provision. It’s only because the location of the courthouse is anticipated to move to the Judicial Center that there will be a need to change the law to reflect that change so we can continue to meet in this location. Mr. Brigham: I have another question. If we don’t do something with this act are we going to be required to meet at the Judicial Center? Mr. MacKenzie: When if you don’t change the location in the local acts then it still will reflect that the Commission shall meet at the courthouse. And it would be my recommendation that you would you know continue to meet at the courthouse to be in compliance with that statute. I think it would be a better move to just amend that language to strike out the words ‘at the courthouse’ so you can continue if it’s the will of the Commission to meet in this building. Mr. Mayor: Mr. Mayor Pro Tem. Mr. Bowles: Thank you, Mr. Mayor. I’m like Commissioner Mason I could care less I’ll make a motion to where we meet. I just figure if it’s outside we won’t talk as much. approve so we can just move on with this item. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Johnson, Mr. Mason and Mr. Lockett vote No. Motion carries 6-3. Mr. Mayor: Okay, Madam Clerk, next agenda item. The Clerk: ADMINISTRATIVE SERVICES 33. Motion to approve an ordinance to amend the Augusta, GA Code Title One Article Three Section 1-2-36 relating to duties of the Administrator of Augusta, Georgia; to repeal all code sections and ordinances and parts of code sections and ordinances in conflict herewith; to provide and effective date and for other purposes. (Requested by Mayor Pro Tem Joe Bowles) Mr. Mayor: Commissioner Bowles. Mr. Bowles: Mr. MacKenzie. Mr. Mayor: Mr. MacKenzie. 13 Mr. MacKenzie: What you have is and actually we had distributed this I think probably about a month ago. But this is consistent with the changes the Commission made with regards to the HR Policies and Procedures to make modifications with regard to the Administrator’s duties. And this is just the code amendment to reflect those changes. Mr. Bowles: Motion to approve. Mr. Jackson: Second. Mr. Mayor: We have a motion and second. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Exhibit B Section 1-2-36 Duties of the Administrator. I have a problem where it says the Administrator should have the exclusive right. No one should have the exclusive right to do anything in the government. And Subparagraph B The Administrator shall keep the Mayor fully informed and should coordinate with the Mayor to insure that all laws, ordinances and resolutions of Augusta, Georgia are faithfully executed. Section 4 Subparagraph A-1 says the Mayor, the Chairperson Mayor shall be the chief executive officer of Richmond County in the City of Augusta. The Chairperson Mayor shall possess and exercise the following executive and administrative powers and duties. (E) to insure that all laws, ordinances and resolutions of Richmond County in the City of Augusta are faithfully executed. This cannot be delegated no matter what form you try. Thank you. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Johnson, Mr. Mason, Mr. Lockett vote No. Motion carries 6-3. The Clerk: Item 34? Mr. Mayor: Yes, ma’am. The Clerk: ADMINISTRATIVE SERVICES 34. An Ordinance to present Proposal to amend the Augusta, Georgia Charter (§ 1-40) and Laws of Local Application (1995 GA. Laws p. 3648, § 14), relating to Equal Opportunity; to separate the function of Equal Opportunity from Minority and Small business Opportunities; to provide policies and guidelines; to create a Local Small Business Business Opportunity Program and Citizens’ Small Business Advisory Board; to create a DBE Program for federally assisted contracts; to repeal all Local laws, Charter Section, Code Sections and Ordinances and parts of Local Laws, Charter Sections, Code Section and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Requested by Mayor Pro Tem Joe Bowles) Mr. Mayor: Mr. MacKenzie. 14 Mr. MacKenzie: Sure this is a proposal to amend the code to reflect some policy changes to allow the Equal Opportunity Office to be a separate and distinct office from the Local and Small Business Opportunity Program as well as the DBE Program for federally funded projects. There was a policy change with respect to this in the past but the code was, the Charter was not amended to reflect that change. This would be a motion to reflect the change in the Charter. Mr. Mayor: What’s your pleasure, gentlemen? Mr. Bowles: Motion to approve. Mr. Smith: Second. Mr. Mayor: We have a motion to approve and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Bowles, Mr. Jackson, Mr. Guilfoyle and Mr. Smith vote Yes. Mr. Johnson, Mr. Mason, Mr. Lockett, Mr. Brigham vote No. Mr. Aitken abstains. Motion fails 4-4-1. Mr. Mayor: I must say that in six years of doing this I’ve never seen a 4-4-1. Y’all just witnessed a little bit of history. Mr. Lockett: Never a dull moment, Mr. Mayor. Mr. Mayor: Some days. Madam Clerk, I believe that disposes of our agenda. The Clerk: Yes, sir. Mr. Mayor: Mr. MacKenzie, do we have a need for a brief legal meeting? Mr. MacKenzie: We have a need for a very brief legal meeting to discuss pending and potential litigation. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 35. Motion to approve going into a Legal Meeting. Mr. Mayor: Can I get a motion to go into Legal to discuss that matter? Mr. Smith: Motion made. 15 Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Lockett and Mr. Mason vote No. Motion carries 7-2. Mr. Mayor: We are in Legal. [LEGAL MEETING] Mr. Mayor: I’ll go ahead and call the meeting back to order. Mr. MacKenzie? 36. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. MacKenzie: I would entertain a motion to execute the Closed Meeting Affidavit. Mr. Smith: Motion made. Mr. Johnson: Second. Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual sign. Mr. Mason out. Motion carries 8-0. Mr. Mayor: With no further business to come before the body we stand adjourned. Thank you all for a good meeting, gentlemen. [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 April 19, 2011. ______________________________ Clerk of Commission 16 17