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HomeMy WebLinkAboutRegular Commission Meeting June 30, 2011 REGULAR MEETING COMMISSION CHAMBER JUNE 30, 2011 Augusta Richmond County Commission convened at 5:00 p.m., June 30, 2011, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Smith, Hatney, Aitken, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hon. Mason, member of Augusta Richmond County Commission. The invocation was given by the Reverend Michael Freed, Pastor, Ascension Lutheran Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: My friend, thank you so much for that wonderful invocation. Madam Clerk, let’s go to the delegations. The Clerk: DELEGATIONS A. Downtown merchants and property owners regarding downtown street closures. (Requested by Commissioner J.R. Hatney) Mr. Mayor: Mr. Gorelick, is this, are you speaking to this issue? Mr. Gorelick: (inaudible). Mr. Mayor: Okay, and if you could please keep it to five minutes, please, sir. Mr. Gorelick: Thank you, sir. Mr. Mayor, Commissioners this is not about a problem. This is about finding a solution. This is not about property owners versus bars. This is not about leases versus people who own property. This is about finding a solution to a problem. As you all know last Friday we had a bicycle race. It was a wonderful event for downtown except the people on Ellis Street and Broad Street were locked in. No ingress, no egress. But Commissioner Smith was nice enough to take me to visit with the Administrator and we worked out a solution. It was hard getting, I have handicapped people that I’m on a program with the Federal Government to hire the handicapped and I had people who couldn’t get, my employees couldn’t get in and out of work. Again that’s history. Those people couldn’t come to work and they lost a day’s pay. We want to find a solution and I think I have a plan for tonight. Again this is not property owners versus renters. This is not retailers versus restaurant owners or bar owners. I own a bar, I own two restaurants. Every time a function like this comes downtown I make a lot of money at my hotel. This is about solving a problem. I got 26 calls. Not because I’m a leader downtown I guess because I’m the biggest and the oldest downtown. I’ve been here st a long time. Reuben’s has been here 114 years come August 1. On that particular day and 1 including Saturday we were closed for 17 hours on Friday, 3 hours on Saturday. We just want to find a solution. There are other venues. Maybe Commissioner Jackson would like a bicycle race in his district, Commissioner Lockett would like the arts put out to Regency Mall. Maybe we could use, instead of being closed for three days come next September 3 ½ days maybe Arts in the Heart could be in the Civic Center parking lot. Again we want to find a solution. Broad Street is a wonderful venue but give us one side of the street not close both sides of the street. So my idea today is and I don’t want to take up more than my five minutes, is how about the Commission and ADHOC Committee, Mr. Aitken’s District, Mr. Hatney’s District and maybe put to retailers to property owners to people from the Arts Council, from the Sports Council and let’s settle this and let’s do this together. Maybe there are other venues that could have it. I spoke to one of the chiefs of the bicycle race who was staying at my hotel where I was making money and I said come let’s take a walk and let me show you Greene and Telfair. He loved it because of the medians in the middle. Great idea. Maybe we could use the Depot. Maybe we could use Regency Mall. I spoke to the owners of Regency Mall they said that certainly they’d be willing to have their parking lot. I said is it in shape? They said they didn’t know. But to make a long story short downtown is a great place to be, it’s a great place to live. I have eight tenants who rent from me. I own a lot of property downtown. It’s not a question, the fact that my business was off 90% that day is not an issue to me. What is an issue is that my employees didn’t get paid that day. That’s an issue because they need the money. I couldn’t bring them into work and justify and still be a good business man. So how about the Commission taking up in committee or whoever it may be an ADHOC Committee, Arts Council, retailer, property owner, Sports Council and let’s do this together. I believe if I’m correct the bicycle race Commissioner Matt didn’t know about it, Commissioner Hatney didn’t know, Commissioner Smith didn’t know about it. We got word ten days before it happened. We just didn’t know about it and if they didn’t know about it in their own district the more information we can get out and maybe through communication and talking to each other instead of this hostility, you know I was told today that ten emails came in telling me telling the Commissioners and the Mayor how good the bicycle race was. I could’ve had 25 people here today. I could’ve had 100 emails sent. That’s not the issue. The issue is to solve the problem for the future. We are willing to do anything except don’t put us out of business for a day or two days. But and I’d love to hear input. And again the most important thing, Randy DuTeau, the manager of the event was fabulous. He did everything he could to help us. The Administrator, we sat and talked and Commissioner Smith was there we made an arrangement for next year where the route will be slightly changed. Mr. Mayor: Okay, thank you, Mr. (inaudible). Fred? Mr. Russell: Yeah, I, let me share with you that we’ve had this argument betwixt the two of us on more than one occasion and this was a pleasure this time. We came together and I think he has a very good idea that we need to look at. The communications is the key. I think the venues downtown are fantastic. Obviously we’re not going to make everybody happy all the time but I think the conversations we’ve had over the past couple days have been very, very beneficial, not only for me as we look at their concerns and listen to the other people that had a different view on occasion but I think the idea of having this look at putting together a group to look at this, to look at the venues to make sure that we do impact as little as we can in areas that we can but recognizing that when you do something like that there is going to be some impact. 2 And I just want to tell you that if it’s the will of the Commission I’d like to maybe work with him and bring back something to the Public Safety Committee as a process that might be worth our while. Mr. Bowles: You’re not too busy on the baseball stadium? Mr. Russell: I was going to do it on my lunch hour, sir. We, we’re going to have lunch, there’s a restaurant downtown that’s close to a hotel that we might eat at. Mr. Mayor: I would say we would all be amenable to that and, Mr. Gorelick, I’d, you know, we’re always looking to do things better and I do agree with you when you say communication is key. So I appreciate you coming before us. Mr. Gorelick: One more point. Just to prove the point I can bring in the retailer who rents from me on the south side on property, my five minutes is not up, Mayor. Mr. Mayor: Yes, sir, it is. I keep a stopwatch to be fair to everybody. Mr. Gorelick: I’ll be finished. He wanted to know why these events couldn’t be on the south side but I said they could be anywhere. Okay, thank you, Mr. Mayor. Mr. Mayor: Thank you. Commissioner Bowles. Mr. Bowles: Mr. Mayor, and Mr. Russell probably knows a little bit more about criterion than I do but by definition and by design they pretty much have to be in the downtown location based on the geography and the demands of the criterion race. Mr. Russell: Basically a short course with lots of tight turns but we have other venues that we could use downtown that would meet those needs. In this case we had some issues because of another event and because of some construction that we had. But some of the other areas that we looked at that I think would meet some of the needs and I think it’s just a matter of communicating. Mr. Bowles: And we did have three days of racing in South Augusta at Fort Gordon so South Augusta wasn’t totally left out. Mr. Mayor: This is true. Thank you, Mr. Mayor Pro Tem. Madam Clerk, next delegation, please. The Clerk: DELEGATIONS B. Mr. Yahya E.B. Henry, The Aribra Group. Mr. Mayor: Gentlemen, to be fair, keep, if you could, keep this one to five minutes too please. 3 Mr. Henry: Mr. Mayor, Mr. Aitken, thank you all so much for having us out. My name is Yahya Henry. I’m the entrepreneur, the founder of the Aribra Group and catspot.net. I’m here with a colleague. Mr. Weigle: I’m Jay Weigle. I’m with the Weigle Insurance Group. We’re an independent insurance consulting firm and we’ve asked to come here and talk about what’s cool in Augusta and what cool might look like in the future. We feel like we’ve made some pretty glaring mistakes in the past but we feel like we’ve got the natural resources and the ability to do some great things and we’re just here to share what our perspective might be on that idea. Mr. Henry: Very good. Real quick, our positions as young professionals see that there’s a disconnect. There’s clearly a brain drain. There’s a large population of folks who are coming here and getting educated but not having confidence in the region, maybe the city’s leadership and they’re taking their education elsewhere. So larger metropolitan areas and employee prospects may be greater. Well, that’s a challenge. It’s a lost opportunity for the city and the future growth of the region. All right? But the opportunity before us as our generation the eco- bloomers are the children of our baby boomers we’re now the largest demographic in the county. And Augusta surprisingly has a very young city, very young city, over 30% plus or minus are under the age of 18 to 44. That represents significant opportunity for the city with buying power of 200 billion plus annually. These are national numbers but our generation, we’re delaying family creation, many of us are single with no children. That’s just the reality and that’s changing our markets. And the market realities that we’re going to be facing are going to be significantly different in the coming years. Mr. Weigle: May I speak to that for just a moment? Mr. Henry: Of course. Mr. Weigle: Ya’ll didn’t, this challenge seems to be even bigger that what we just describe. I mean not only are we not keeping our own but we’re certainly not attracting outsiders. We’re not attracting people from George Mason or GW or Vanderbilt. We’re losing our own and we’re not attracting outsiders. Big successful cities are where young people want to go, where people who are educated and looking for opportunities they want to be. And so only are we losing our own but we’re obviously not attracting outsiders who want to attract in. And this is our opportunity we feel like coming up with the generation why. Mr. Henry: This real quick, this is the match showing significant population, young population here in the city. This is from your recent census of 2010. What’s needed, vision, engagement of the young professionals with the policy crafting level, deployment of a capital funding mechanism there’s clearly a broad stroke of revision if you will laid out for the city. They’ve been planning and in studies for the last four or five years as well. It’s time for action and it’s time for a time now. This city literally is at a tipping point where if they don’t take advantage of this opportunity they’re going to stagnate or get left behind. All right? What works? Infill development works overwhelmingly 75% of our generation wants to be in a walk able, safe urban environment conducive to night life with access to the arts and life for lack of a 4 better word. Lofts in Marlbury Village is a project that my team and I are proposing. It’s a 42- thth unit loft apartment project between 12 and 13 Street at Ellis and Greene in Mr. Aitken’s district. It’s an incredible project that we’re getting, making great progress but the community still doesn’t quite understand the impact of sustainable infill development can have as yet. Another image of Lofts at Marbury Village and Greenville. Um, this is just of focus of what works. Other places that we’ve been to things that we’ve seen and liked. This is one photo from Fall Park in Greenville. You know this place is active, it’s vibrant. I’m not sure how they built it or how they paid for it. We’ve obviously got to have discussions like that here about things like the baseball stadium. But this is a place where they’ve got a lot of private enterprise around. They’ve got everything like sandwich shops and ice cream shops to hotels right there. People are there, it’s vibrant. People can go down to the water and play but it’s active. People are there. People are walking around that’s created a bunch of activity which brings activity revenue and tourism to the area. This is an example of a baseball stadium doing the same thing. We like these ideas because they’re all located, look there’s downtowns behind them. We feel like that the next generation wants to be in a place where they can walk around. They’ve got everything downtown it’s all in one area. They like that idea and this stuff’s working in other cities. Mr. Weigle: Pittsburgh, Pennsylvania a former old mill steel town. This is a graphic from the G-20 Summit. International heads of state are meeting in an old steel town. Pittsburgh, PA is now a national model for what cities can become. Our challenge. Thinking, we’re going to have to think a little bit different to change the way we’re thinking. Well we’re changing the way we’re looking at things the things we’re looking at changing. So our challenge before you today as our generation, the young professionals and the future of this city we need action. We need results, we need engagement from the business community. We need them to feel confident in our future. Mr. Mayor: Okay. Mr. Henry: Is there any time? Mr. Mayor: That’s it. I’m sorry but I just want to say, gentlemen, I had the fortunate opportunity to graduate from the Mayor’s Institute on City Design back in February. And during my presentation on our redevelopment efforts here I made the point that really I’m looking towards building a city for your generation. Because to recruit and retain the best and brightest, we do need your input and engagement. So and I actually have been invited by the Dean of the Design school at the University of Pennsylvania to come up there and speak to her students on these issues. So I just want to say I applaud ya’ll for coming in and making your voices heard. Mr. Henry: Thank you. Thanks for having us. Mr. Mayor: Mr. Johnson. Mr. Johnson: Thank you. I would like if you guys would stay up for a few seconds. I would just like to reiterate. You guys absolutely nailed it on the head. I took a class this weekend at GMA Conference and they talked about that, the Mayor already (unintelligible) had the young, the youth council come in and do a two-hour presentation. And they actually started 5 the Youth Council in Savannah and now it’s throughout about thirty cities throughout the United States. And it started back in ‘92. But one of the significant of that Youth Council was these young people got introduced to local government at a younger age. In Augusta people don’t typically start to learn about government until they get in their 30’s. These young people was exposed at 15-16 years old. And what happened they went off the college and they came back to their community. They invested, they became productive citizens and they didn’t leave and relocate somewhere. And that’s the biggest issue that we have here in Augusta. People are leaving and they’re not coming back. So we got to truly create a tentative vision just like they did thirty years ago with the River Walk. We have to create a vision and start to work towards that vision. And I’m going to challenge not only the Mayor but my colleagues to look at helping make that happen because if we don’t we’re going to continue to lose our young people and they’re going to continue to go and relocate elsewhere. And we got to start looking at ways and hopefully in the near future I’ll have the gentlemen to bring up the Youth Council from Savannah to their presentation to show us exactly how this operation worked in Savannah and it works throughout the country. So I look forward to it. It’s something we looked at about two years ago, the Administrator’s very aware of it and I hope that we can look at bringing that vision back and also looking at some things that will employ our young people and start paying attention to what’s going on in government and be truly active in trying to make some things happen in the nearby future. So I applaud you guys for what you’re doing. Thank you. Mr. Mayor: But correct me if I’m wrong but on your one slide it showed that 44% of our population are close to, is it still up there, is underneath 42%. Okay 42% of our citizens are under the age of 44 or in the age range of 18-44. So why not engage them on what they want to see developed in the city. So thank y’all so much. Commissioner Hatney. Mr. Hatney: One of the things that I’m concerned with and it’s a fact I mean we are losing our young folk not because of some of the reasons I’ve heard. The problem that most of our young folk even when they get degrees and stuff they have to leave because they can’t get no job. That’s probably it. There’s no housing, they can’t get jobs that pay decent wages. Folks are leaving here and going to Texas because Texas start off a teacher with twice the money they make in Augusta. So it’s jobs. It has to do with economics at the end of the day. Mr. Weigle: And, Commissioner, we’d like to see Augusta create its own identity. I mean a mechanism in place to create wealth and we can use biomedical industry. Silicon Valley’s made of technology but we don’t have that. I mean we’ve done well through the recession but we we’re not generating wealth we’re just treading water. We would love to see that happen so the people are motivated to come back. Mr. Hatney: That’s my statement. You’ve got to have some means by which they can be employed. Because you’ve got folks that got to surrender a lot of the stuff you’re talking about because Atlanta’s not that far, Columbia’s not that far but at the end of the day they don’t have decent paying jobs. They’re going where the money is. Mr. Mayor: All righty. Thank y’all, gentlemen. All righty, Madam Clerk, on to the consent agenda. 6 The Clerk: Yes, sir. Our consent agenda consists of items 1-7. Items 1-7. Mr. Mayor: Okay. Gentlemen, do we have any additions to the consent agenda? Mr. Johnson: Mr. Mayor? Mr. Mayor: Commissioner Johnson. Mr. Johnson: If it’s possible we can add item eight. Mr. Mayor: Okay. Do we have any further items to be added to the consent agenda? Commissioner Brigham. Mr. Brigham: Mr. Mayor, you can put item, I would like to refer item 23 back to the Finance Committee for next time, 23. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: Mr. Mayor, I’d like to refer item 25 back to Engineering Committee as well please. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: I was looking at eleven, number eleven. Mr. Mayor: Okay. Okay, do we have any further additions to the consent agenda? Okay, do we have any items to be pulled for discussion? Commissioner Lockett. Mr. Lockett: Mr. Chairman, I’d like to pull just for a brief comment four, five and eight. Mr. Mayor: Um, okay, eight was requested to go on the consent agenda but I guess we don’t have unanimous consent. Mr. Lockett: I just have a couple of questions or comments. The Clerk: So he’s pulling all of that? Mr. Mayor: Four, five and eight. Okay, Commissioner Guilfoyle. Mr. Guilfoyle: Yes, thank you, Mr. Mayor. Item number 26 I’d like to be pulled to be discussed. The Clerk: Item 26, it’s not on the --- 7 Mr. Mayor: It’s not on the consent. Okay, we have item eleven added to the consent, item 23 and 25 sent back to committee. Items four and five pulled from the consent. Do we have anymore additions or to or items to be pulled for discussion? The Clerk: No, he’s pulling four, five and eight. Mr. Mayor: But eight was initially put on the consent agenda --- The Clerk: But he’s pulling it. Mr. Mayor: Okay, yeah. The Clerk: He said he had a question. Mr. Mayor: Yeah. Commissioner Russell, uh Commissioner, Mr. Russell? I just elected you. Mr. Russell: I prefer to maintain my current status, sir. Mr. Mayor: Your amateur status? Mr. Russell: I have an item I’d like to add to the agenda. It’s to approve the maximum price for the Sheriff’s Office building. We put that into the system, it went to the next committee meeting which would put us about three weeks behind. If we approve that price today we can hopefully get started on that work fairly quickly. Mr. Mayor: Do we have unanimous consent to add that item? Okay. Mr. Lockett: I have a question on it, Mr. Mayor, though. You have my consent but I still have a question. Mr. Mayor: Okay. The Clerk: To add? Mr. Mayor: Yeah. Mr. Russell: Thank you. Mr. Mayor: If there’s no further discussion if I could get a motion to approve the consent agenda? Mr. Jackson: So moved. Mr. Smith: Second. 8 CONSENT AGENDA PLANNING 1. ZA-R-203 – A request for concurrence with the Augusta Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta, Georgia by amending Section 2 (Definitions) by adding definitions for cafes and restaurants. (Approved by the Commission June 21, 2011, second reading) 2. ZA-R-204 – A request for concurrence with the Augusta Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for (Neighborhood Business) permitting restaurants and cafes and adding new provisions for their use. (Approved by the Commission June 21, 2011 – second reading. 3. ZA-R-205 – A request for concurrence with the Augusta Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta, Georgia by adding a new Special Exception in Section 21-2 (Neighborhood Business) for cafes that serve alcoholic beverages. (Approved by the Commission June 21, 2011 – second reading. PETITIONS AND COMMUNICATIONS 6. Motion to approve the minutes of the regular meeting of the Commission held June 21, 2011. APPOINTMENTS 7. Motion to approve the appointment of Thelonious Jones to the Board of Zoning Appeals representing District 9. PUBLIC SERVICES 11. Motion to approve Change Order 2, re-routing of sewer as part of the Carrie Mays Park Improvement Project, to Dabbs-Williams for $28,619.50. FINANCE 23. Motion to approve 2011 Hearing Officer – Pay Set. (Requested by the Board of Tax Assessors) ENGINEERING SERVICES 25. Award the contract for the Bid Item 11-111, Real Estate Brokerage Services for the City of Augusta to the Sherman and Hemstreet. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Motion carries 9-0. [Items 1-3, 6, 7, 11, 23, 25] Mr. Mayor: All righty, Madam Clerk, let’s go to the pulled items first. The Clerk: Items four and five, Mr. Lockett, do you want to take those as companion or individual? Mr. Lockett: Companion, please. 9 The Clerk: ADMINISTRATIVE SERVICES 4. Motion to approve an Ordinance to amend the Augusta, GA. Code Title One Chapter Four Article Six Sections 1-4-81 through 1-4-94 relating to the Creation and Duties of the Planning Commission and Zoning Board of Appeals; to repeal all Code Sections and Ordinances and pat of Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Commission June 21, 2011 – second reading) 5. Motion to approve an Ordinance to amend the Augusta, Georgia Code, Article One, Chapter Ten, relating to the procurement of goods and services, the Local Small Business Opportunities Program and the DBE Program for federally assisted projects so as to provide updates and to establish policies, procedures and guidelines regarding the procurement process and the Local Small Business Opportunities Program; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Commission June 21, 2011 – second reading 2011) Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I withhold any support for changes and organization of structure utilizing the current Personnel Policies and Procedures Manual as authority pending the outcome of existing litigation. That’s for both four and five. Mr. Mayor: Okay, thank you, sir. Mr. Brigham: Move we approve items four and five. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. If there is no further discussion Commissioners will now vote by the usual sign of voting. Mr. Johnson and Mr. Lockett vote No. Mr. Hatney abstains. Motion carries 6-2-1. Mr. Mayor: Okay, Madam Clerk, on to our regular agenda, please. The Clerk: PLANNING 8. Motion to approve the adoption of the Flood Insurance Study and the associated Flood Insurance Rate Maps for Augusta Richmond County. (Approved by Engineering Services Committee September 8, 2009) 10 Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I just need an explanation from someone. I see that we, you’re requesting our approval for something that was approved by Engineering th Services back September the 8 2009. I don’t understand. I just need an explanation, please. Ms. Turner: Terry Turner with the Augusta Richmond County Planning Commission. Commissioner Lockett, you are very observant. We did approve maps back in September of 2009 and at that time the levee was listed as provisionally credited until such time as the levee could have been studied and approved by FEMA which has been done. And now these maps reflect the levee as not being provisionally credited but it’s being approved by FEMA. Mr. Mayor: Okay, can we get a motion on this item? Mr. Lockett: Move 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. Motion carries 9-0. Mr. Mayor: Thank you, Terry. Madam Clerk, next agenda item, please. The Clerk: Mr. Sherman, are you going to take those as a block or are you going to do them individually? Mr. Mayor: Rob, I think you’re going to be hanging out there for a little while today. Mr. Sherman: I’m going to try and combine. The Clerk: Okay. Mr. Sherman: Numbers nine and ten. The Clerk: Okay, go ahead. PUBLIC SERVICES 9. Transfer Application: A.T. 11-26: A request by Roan Miranda to transfer the Liquor & Beer license used in connection with Island Café located at 982 Broad St. to 830 Broad St. to be used in connection with the Island Café. There will be Dance. District 1. Super District 9. Mr. Miranda: Roan Miranda, 7318 Colbert Street. 11 Mr. Sherman: The Sheriff’s Department and the License Department have reviewed the application and recommend you approve it. Mr. Mayor: Can I get a motion on this? Mr. Johnson: Move to approve. Mr. Guilfoyle: Second. Mr. Mayor: We have a motion and a second. Commissioner Bowles. Mr. Bowles: Rob, where’s 2061 Central Avenue. Mr. Sherman: 2061 is at the corner of Central and Heard but we haven’t gotten there yet. But that’s --- Mr. Bowles: I’m sorry, I thought we were doing both of them. Mr. Mayor: Okay, we have a motion and a second. The Clerk: Now who seconded that for me? Mr. Mayor: It was --- The Clerk: Okay, thank you. Mr. Mayor: Okay. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Hatney abstains. Motion carries 8-1. Mr. Mayor: Mr. Sherman. PUBLIC SERVICES 10. New Ownership Application: 11-27: A request by Pritalkumar Patel for a retail package Beer & Wine license to be used in connection with Mahaveer, LLC DBA Central Express located at 2061 Central Avenue. District 1. Super District 9. Mr. Sherman: Please state your name and address. Mr. Patel: My name is Pritalkumar Patel and I’m living at 2337 Springhouse Lane, Augusta. Mr. Sherman: And this is at the corner of Central and Heard Avenue and the Sheriff’s Department and License have reviewed the application and recommend that it be approved. 12 Mr. Jackson: Move to approve. Mr. Johnson: Second. Mr. Mayor: We have a motion and second. If there’s no further discussion --- Mr. Johnson: Exactly where is --- Mr. Mayor: Commissioner Johnson? Mr. Johnson: --- that at? Mr. Sherman: It’s a convenience store. Mr. Bowles: Is it the only store that’s on the corner? Mr. Johnson: It’s the old Seven 11, right there on the corner. Mr. Bowles: If that’s in the neighborhood, I’d welcome them. Mr. Johnson: Okay, I kind of thought that’s where it was. Okay, thanks for clearing that up. Mr. Mayor: Okay, if there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Hatney abstains. Motion carries 8-1. Mr. Mayor: Okay, Mr. Sherman. Mr. Sherman: Twelve through twenty if we can group those together and I’ll read one and I’ll address actually nine hotels. PUBLIC SERVICES 12. Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Dr. Jerath/Augusta Hospitality Management Group, d/b/a: Super 8 Motel, 3026 Washington Road, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. 13. Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Dr. Jerath/Augusta Hospitality Management Group, d/b/a: Baymont Inn & Suites, 629 Frontage Road, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. 14. Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Dr. Jerath/Augusta Hospitality Management Group, d/b/a: Comfort Inn, 13 2911 Riverwest Drive, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. 15. Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Dr. Jerath/Augusta Hospitality Management Group, d/b/a: Microtel Inn, 2909 Riverwest Drive, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. 16. Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Dr. Jerath/Augusta Hospitality Management Group, d/b/a: Quality Inn (Airport), 2926 Peach Orchard Road, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. 17. Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Dr. Jerath/Augusta Hospitality Management Group, d/b/a: Wingate Inn, 2123 Noland Connector, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. 18. Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Dr. Jerath/Augusta Hospitality Management Group, d/b/a: Microtel Inn, 2176 Gordon Highway, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. 19. Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Dr. Jerath/Augusta Hospitality Group, d/b/a: Quality Inn Medical, 1455 Walton Way, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. 20. Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Dr. Jerath/Augusta Hospitality Management Group, d/b/a: Econo Lodge, th 1103 15 Street, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. Mr. Sherman: It was a discussion to consider probation, suspension or revocation of the Business Tax Certificate for Dr. Jerath/Augusta Hospitality Management Group. And then they were doing business as the nine hotels listed below. They got behind in submitting the payment for the March/April excise taxes. Once they received the letters I saw that it was on the agenda and they did make the payment. They came in I guess it was Tuesday and submitted the tax returns. We’ve got to go through those returns and calculate what the penalty and interest will be and they will have that to pay. So they have come in, though. Mr. Mayor: So we would just need to receive 12-20 as information? Mr. Sherman: (inaudible). Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: I’m going to do a little more than that, Mr. Mayor. I’m want to make, put twelve through twenty on, I want to make a motion we put them on probation. If they come back before us in the next 18 months for failure to pay on time I would hope this Commission would look at revoking their license. I understand they have had a history of this and I do not think that we ought to put up with it. 14 Mr. Smith: I make a motion to approve that. Mr. Johnson: Second. Mr. Mayor: Okay, we have a motion and a second. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. My colleague indicated that there’s a history. Mr. Sherman: There’s a history, yeah. We, everyone that goes to collect the excise taxes th are always a month behind. That’s just the way, they collect it one month, pay it by the 20 the following month. We will allow them, our policy is to allow them to get to two months. At that point we start notifying them that you are behind. This group as well as others we had to make phone calls and urge them to come on in and make payment. Another group we have had to or we’ve had on the agenda we pulled it because they did come in and pay. So this would just serve, I think it was just a notice to all those that are collecting the excise taxes that they are to be paid on time. Mr. Lockett: As a precedent to establish the rare someone that didn’t pay on time and was placed on probation. Mr. Sherman: No. Mr. Lockett: Did you say yes or no? Mr. Sherman: No. Mr. Lockett: So this would be the --- Mr. Sherman: Would be the precedent. Mr. Lockett: Okay, and I’m kind of wondering then is we’ve had people that have been late in the past and they were not placed on probation the rationale for putting this particular group on probation and when they’ve indicated that or they made attempts to pay can you answer that question? Mr. Sherman: Well, I can tell you this was just sort of set a notice out there that it’s due th the 20 of the following month and it’s to be paid. Mr. Lockett: So are we using them as a scapegoat? Mr. Sherman: I don’t know if it’s a scapegoat but just saying that this is what everyone needs to pay attention to. Mr. Lockett: All right. Thank you, Mr. Chairman. 15 Mr. Mayor: Thank you. Commissioner Johnson. Mr. Johnson: Thank you. Rob, is it possible to and maybe something that we can do is put in some kind of I guess policy or standard operating procedure that if it’s not done by a particular date that they will be placed on probation for 18 months. And that way it would standard across the board. It would not just be this particular outfit but anybody that pays after that particular deadline and that they will be placed on probation for the time. th Mr. Sherman: Again the code says that it’s due the 20 of the following month and then th if it’s not paid by the 20 you lose your collectors’ discount which is 3% of the excise tax collected. You get to keep that for collecting the fee for the city. Mr. Johnson: Right. Mr. Sherman: In addition there’s a 5% penalty per month and a 1% interest charge. And the policy that we’ve been using is two months. Once you get to the second month we’re going to notify you that you need to get current. So as far as setting a policy we can go with or we can come up with something more formal. Mr. Johnson: I think it would be appropriate to be fair to set up a policy of a standard operating procedure that if they get three months that that ought to make it place you on an 18- month probation. And I think it would send a message to all that they need not to be past that particular deadline or they will be placed on probation even if they did pay of course so it won’t be any of this discrepancies in the future with any other outfit that may come before this Commission. Mr. Mayor: Okay. Commissioner Hatney then Commissioner Smith then Commissioner Brigham. Mr. Hatney: Mr. Sherman, you did say that we do not have any policy in place like that now. Mr. Sherman: We have it, our policy in the office at the License and Inspection Department --- Mr. Hatney: But I’m talking about the 18-month probation thing. Mr. Sherman: Yes, sir. Mr. Hatney: Um, personally I have some concerns with that because there are a lot of folks sitting in here that don’t pay their taxes on time. And when they do pay them they don’t get 18 months. I just think, you’re talking about nine businesses here. Everybody’s struggling right now but are they paying the money. They’ve agreed to pay the money right? Mr. Sherman: Correct. They have actually come in and paid the tax and they said once we tell them what the penalty and interest is they will have that paid by mid July. 16 Mr. Hatney: Okay, well, I just got some problems with putting them on 18-months probation. I think that’s bad business. Mr. Mayor: Okay. Commissioner Smith. Mr. Smith: Rob, you say we have a policy now? Mr. Sherman: Well, just our in-office policy, yes, sir. Mr. Smith: In-office? What y’all are the only ones that know it? Mr. Sherman: No, well the codes that are set up so that we have to come up with our own you know applications of the codes as long as they meet the intent. Again the fee is actually th the tax is actually due one month or the 20 day of the following month it’s collected. So there’s st no if, ands, or buts about that. Once it’s, once you get to that point and on the 21 day you’re paying interest and penalties. Mr. Smith: Right. Mr. Sherman: You can let it go all, you know as long as you want. The longer it goes you know the more it is they have to pay you. But we have said that you can get two months because again you are one month at the second month that’s when we notify you to get current. Mr. Smith: Do you think what y’all have in place we need to look at what Commissioner Brigham said and I know businesses are having it tough right now but then maybe we need to look at the policy we have and make it a little more concrete with them and won’t be any misunderstanding or any gray areas where you know we want to treat everybody fair and the same. Mr. Sherman: I think that, I mean that’s fair to me. I think we ought to go back and nd amend the code and say that on the 2 month that you’re late in addition to there being the penalty and interest you’re put on probation. But then we’ve got to take that next step further well what are the consequences of being on probation? What does that mean? If it’s not paid by another 30 days, what are we going to do? Mr. Smith: Why don’t we --- Mr. Hatney: Put it on a case to case --- Mr. Smith: --- put it on and study it and let’s get a more concrete policy that fits and is fair for everybody maybe get away from the gray area and of course let’s try to treat these businesses and be understanding that some of them do have problems and get behind. But the thing about it is let’s just try to treat everybody out of the same spoon and we won’t have that --- Mr. Sherman: Okay. 17 Mr. Mayor: Okay, if we wanted to proceed that way what would be the motion to give you what you need, the substitute motion to proceed in that direction. Mr. Sherman: I think just to review the ordinance we’ll get with the city attorney and come up with a proposal for a policy that will be affable across the board from that point forward once you approve it. Mr. Smith: I’d like to make that motion. Mr. Mayor: Substitute motion. Mr. Smith: Substitute motion to --- Mr. Mayor: And I’ll come back, okay. Commissioner Brigham. Mr. Brigham: Mr. Chairman, how far behind were these people when they paid? Mr. Sherman: They were they had not paid in March or April. Mr. Brigham: Did they pay May? Mr. Sherman: May they came in today and paid. Mr. Brigham: They paid May today. Mr. Sherman: They had gotten behind on May. Mr. Brigham: And have they paid June? Mr. Sherman: June is not due yet. th Mr. Brigham: June is due the 20 of July, though, right? th Mr. Sherman: 20 of July, correct. Mr. Brigham: I still think that these, I like the policy idea I’m not opposed to that. But I think these people also have a problem that they are providing us trouble by not paying their taxes on time. Everybody else is expected to pay their taxes on time. We’re expected to pay our taxes on time and I think that we need to send a wake up message to this individual group in addition to addressing a policy. Mr. Mayor: Thank you. Mr. Brigham: I would be in favor of both motions is what I’m trying to tell you. 18 Mr. Mayor: Okay, well, we’ll have to vote on the substitute motion first. Mr. Smith: Can you add it in together? Mr. Mayor: No, it’s two separate, a substitute motion and a primary motion. Madam Clerk, for the sake of clarity might you read back the substitute motion that was so eloquently made by Commissioner Grady Smith. The Clerk: The substitute motion was to review the current ordinance and develop a policy to address delinquent payments across the board. Mr. Mayor: Okay, we have a substitute motion and a second. If there’s no further --- Mr. Brigham: Mr. Mayor? Mr. Mayor: --- yes, sir, Commissioner Brigham. Mr. Brigham: I do not believe these are two germane issues. I think that they’re on the same subject but I do not believe they address the same issue. Mr. Mayor: Well --- Mr. Brigham: Can I get a ruling from the Parliamentarian? Mr. Mayor: Mr. Brown? And, Mr. Brigham, I’ve called for the vote on the substitute motion though. Mr. Brigham: I think it’s necessary to find out whether or not they germane each other. Mr. Mayor: Mr. Brown? The Commissioner had a question for you. We had a substitute, we had a primary motion and then we had a substitute motion on this agenda item. And Commissioner Brigham your question is? Mr. Brigham: I believe that the substitute motion addressed this policy. I believe the original motion addresses a specific group and I don’t believe, while I believe both are legal motions I don’t believe that they are germane to each other. Mr. Mayor: But both were made on the same agenda item. Mr. Brigham: I’m asking for a ruling. Mr. Mayor: Mr. Brown? Mr. Brown: The subject matter about Item 12 is to consider the probation, suspension or revocation of license for this particular business. Mr. Brigham made a motion for probation of this business for a period of 18 months. Mr. Smith substituted to move that a policy be 19 developed regarding probation. Mr. Smith’s policy motion, substitute motion does not address the agenda item. It addresses policy that is needed regarding a area of our code. Mr. Smith however could make a substitute motion that this group not be placed on probation --- Mr. Mayor: Okay, so --- Mr. Brown: --- in addition to development of the policy which is what Mr. Brigham initially or secondarily attempted to have the motion combined. Mr. Mayor: Would you like to amend your motion to include the policy and not placing this group on probation at this time? Mr. Smith: At this time. Mr. Mayor: Okay, we now have an amended substitute motion so eloquently put by Commissioner Smith. Madam Clerk, would you read that back for the point of clarity? The motion is not to place this group on probation and to review the The Clerk: current ordinance and develop a policy to address delinquent payments across the board. Mr. Mayor: We have a substitute motion and a second. If there’s no further discussion the Commission will now vote by the substitute sign of voting. Mr. Aitken and Mr. Brigham vote No. Motion carries 7-2. Mr. Mayor: All righty, Madam Clerk, on to the next agenda item. PUBLIC SERVICES 21. Discussion: A request by Kimberly J. Grant for a Therapeutic Massage Operators license to be used in connection with Body Kemistry Therapy located at 211 Pleasant Home Rd. District 7. Super District 10. The Clerk: Item 21, Mr. Sherman. Mr. Mayor: Mr. Sherman. Mr. Sherman: Twenty-one is a discussion request by Kimberly J. Grant for a Therapeutic Massage Operator license to be used in connection with Body Kemistry Therapy located at 211 Pleasant Home Rd. District 7. Super District 10. Ms. Speaker: Hello, I’m Kimberly Grant. I live at 511 Ellis Avenue in Thompson Georgia. Mr. Sherman: The Sheriff’s Department and the License Department has reviewed the application and recommend that it be approved. 20 Mr. Lockett: Move to approve, Mr. Chairman. Mr. Smith: Second. Mr. Bowles: I think Commissioner Brigham needs to abstain since this is going to be his next door neighbor. Mr. Mayor: We have a motion and a second. 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. Guilfoyle out. Motion carries 8-0. Mr. Mayor: And Commissioner Brigham will be bringing you a pie to welcome you to the neighborhood. Madam Clerk. The Clerk: Twenty-two, Mr. Sherman. PUBLIC SERVICES 22. Discussion: A request by Sibea Lewis for a Therapeutic Massage Operators License to th be used in connection with Soma Libre, LLC located at 132 8 St. District 1. Super District 9. Mr. Lockett: Move to approve, Mr. Chairman. Mr. Brigham: Second. Mr. Mayor: Okay, for the record if you could state your name and address. Ms. Speaker: Sibea Lewis, 1724 Deer Trace Lane, Hephzibah Georgia. 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. Motion carries 9-0. Mr. Mayor: Looks to me like the Commission unanimously approves of massage therapy. Maybe I won’t go there. Madam Clerk, on to the next agenda item. The Clerk: FINANCE 24. Consider a request from Top Notch Car Washes, Inc. regarding a waiver of interest, penalties and fees concerning their 2008 to 2010 property taxes. 21 Mr. Mayor: Do we have somebody to speak to this issue? Okay, please. Mr. Millar: My name is Doug Millar, I’m a co-owner of Top Notch. We just, we’re in a position to pay off all of our back property taxes and we’re just asking for a waiver of any penalties or interests or fees if possible. We’ve had a business in Richmond County since 1990. We paid our taxes on time the last three years and just, it’s been tough due to the economy and all. We’ve been able to get in a better position now. We’re just asking for any leniency towards this request. Mr. Mayor: And Commissioners? Mr. Bowles: Mr. Millar, isn’t it --- Mr. Mayor: Commissioner Bowles. Mr. Bowles: --- thank you, Mr. Mayor, sorry. Isn’t it traditionally we don’t have a problem waiving the penalties but we keep intact the interest? Isn’t that the standard practice that we’ve practiced? Mr. Russell: We’ve done it in the past when there’s been a hardship and if that’s the will of the body that would be the direction we go in now. I’d imagine but I would recommend that we be very careful with making that kind of decision. We have lots of people that are currently in similar kinds of financial situations today. And as you begin to walk down that slippery slope you’re going to find it harder and harder. And as sympathetic as I am to the situation I would have to recommend that you deny the request. Mr. Mayor: Gentlemen, do we have a motion either way on this? Mr. Bowles: I’ll make a motion to waive the penalty but not the interest. Mr. Mayor: Do we have a second? Mr. Johnson: Second. 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. Guilfoyle votes No. Mr. Brigham abstains. Motion carries 7-1-1. Mr. Mayor: Okay, Madam Clerk, on to what I believe will be our final agenda item of the day. The Clerk: We have an addendum item. 22 Mr. Mayor: Oh yes, excuse me. The Clerk: ENGINEERING SERVICES 26. Award the contract for the Bid Item 11-125, Replacement of the Augusta Museum of History Roof, to the low bidder, Bone Dry Roofing of Athens, GA. Their lump sum bid was $214,675 and their price for Alternate 1 was $53,650 for a total contract price of $268,325.00. Mr. Mayor: Gentlemen? Commissioner Guilfoyle. Mr. Guilfoyle: I would like to speak to somebody about this issue. Mr. Mayor: Okay. Mr. Beck. Mr. Beck: How can I help you, sir. Mr. Guilfoyle: All right. Tom, how are getting into the habit of when we do pay somebody to do something right and it’s done incorrectly, how come it falls back on our shoulders, the tax payers? Mr. Beck: Mr. Mayor, members of the Commission this has been on-going issue and I don’t know possible if the museum folks can speak a little more to the longevity of this problem being out there. But I know this has been a problem that’s been reoccurring. I think what we’re trying to do now is address the problems so it’s taken care of. Mr. Guilfoyle: In today’s paper Ms. McCord had it written ever since it was built. It was built incorrectly as far as the roof procedure was done. I just want to know since 1996 how come we didn’t address it back then. That was naturally before any of us here on the floor. Somebody failed to do their job. Mr. Jackson: Jerry was here. Mr. Guilfoyle: We’ll blame it on Mr. Jerry at this time. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Fred, is there any way to go back to the bonded insurance company to see? Because I know the company that built it is out of business but I mean surely they had bonding insurance. Mr. Russell: The problem is the company that built it is out of business in itself. I’m not too sure that the statute of limitations on the bond has gone past at this particular point in time. We’ve had that discussion on several occasions. If that would be the direction I would not mind going back against those and try to pursue that. But my concern at the moment is that we’ve got 23 And if that’s what you want I’d like to around to the point where we can actually fix the roof. be able to fix the roof and then take whatever action possible to recover our cost. Mr. Bowles: I’ll make that motion. Mr. Smith: Second. Mr. Bowles: I’d like to make that motion but also to instruct Fred to go look at the bonding insurance company because we’ve done that for dry cleaners that have closed and gone out of business years and years ago. So I don’t see why we shouldn’t do it on this case. Mr. Mayor: Are you putting that in the form of a motion? We have a second. Mr. Smith: Second. Mr. Mayor: Commissioner Hatney. Mr. Hatney: The Augusta Museum of History, do we own that? Mr. Beck: Yes, sir. Mr. Hatney: Okay. All right. You ain’t got no argument with me. Mr. Mayor: Okay, we have a motion and a second. If there is no further discussion Commissioners will now vote by the usual sign of voting. Mr. Guilfoyle: Mr. Mayor, can I say something about this? Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: I know we just voted on this. Mr. Fred, as far as this, there has to be a paper trail on this roof if it was done originally back in ’96 and it’s been complained about ever since. There’s a paper trail on it and if we could follow up on that procedure and then that would actually be used as evidence to work against the bond company. Mr. Russell: Yes, sir, I agree. Mr. Mayor: Okay. Motion carries 9-0. Mr. Mayor: Okay. Mr. Hatney: Also to follow the paper trail to see who really owned this too. Absolutely. Mr. Mayor: Well, I got a good story to talk to you about it later on. Okay, Madam Clerk. 24 The Clerk: The addendum item? Mr. Mayor: Yes, ma’am. The Clerk: ADDENDUM Motion to approve the Guaranteed Maximum Price (GMP) in the amount of $7,845,847.00 and authorize the Construction Manager (Potts) to proceed with the contract award for items of work included in the (GMP) for the Augusta, Georgia Sheriff’s Office Building. Mr. Jackson: Motion to approve. Mr. Brigham: Second. Mr. Mayor: We have a motion and a second to approve the addendum item. If there any further discussion? Mr. Lockett did you have a question? Mr. Lockett: Yeah, I’m wondering if the Administrator is playing games with us here. He said the alternative is one thing and the recommendation I thought would be something else. But they’re both identical. But we don’t have no choice here. Thank you, Mr. Russell. Thank you, Mr. Chairman. Mr. Mayor: Okay, we have a motion and second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Motion carries 9-0. Mr. Mayor: And, Mr. Attorney, there’s no need for a Legal? Mr. Brown: No need for Legal. Mr. Mayor: Gentlemen, I think we’ve had the best meeting we’ve had in a while. I’ll thank y’all for coming. We stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission 25 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 June 30, 2011. ________________________ Clerk of Commission 26