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HomeMy WebLinkAboutRegular Commission Meeting September 6, 2011 REGULAR MEETING COMMISSION CHAMBER SEPTEMBER 6, 2011 Augusta Richmond County Commission convened at 5:00 p.m., September 6, 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. Mayor Copenhaver called the meeting to order. Mr. Mayor: I would like to call on my friend, Reverend Paul Sherwood, Pastor, Reid Memorial Presbyterian Church for the invocation. Please stand. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: And, Paul, if you could please come forward. Thank you for that wonderful invocation. I hope we all took it to heart. And I have this for you. Office of the Mayor. By these present be it known that Reverend Paul Sherwood, Pastor Reid Memorial Presbyterian Church is Chaplain of the Day. For his civic and spiritual guidance demonstrated throughout the th community serves as an example for all of the faith community. Given under my hand this 6 Day of September 2011. Deke Copenhaver, Mayor. (APPLAUSE) Mr. Mayor: Madam Clerk, if we could move on to the presentations. PRESENTATION(S) A. Presentations(s) to Ms. Linda Beazley in recognition of outstanding services rendered to the Georgia Secretary of State, Elections Division and the Richmond Board of Elections. The Clerk: Yes, sir. I call your attention to the presentation portion of the agenda. We ask that the state representatives for the Richmond County Delegation please join the Mayor for this presentation, as well as I understand Ms. Beazley’s unable to be with us today. However her son Mr. Wayne Beazley is here to accept the recognitions on her behalf along with any present or former members of the Board of Elections please join the Mayor the State Representatives for this presentation. Representative Howard: Good afternoon and good evening to everyone. We are here on behalf of the legislative delegation to pay tribute and honor to a young lady that most of us, if you’ve been around this town you’ve known her, you have gotten to know Linda Beazley for all of her services and work that she’s done here in Richmond County and across the state. And we the members of the Richmond, Augusta Richmond County delegation we the House has we prepared a resolution that we wanted to present to Ms. Beazley. And her son is here to receive it 1 in her staid. But before I go further I just want to as, Mr. Mayor not, I hoping I’m not out of order and as you know as we approach 9-11 with these firemen in the room I must say commend and thank you. And say thank you for your services to this city and to this state and we 9-11 taught us what firemen, the importance of your roll in public safety as well as the Sheriff and all of the others. That being said I would like to introduce first the members of the delegation. We have Representative Fraser here. We have Representative Sims and Representative Murphy and Representative Smith here with us. The two senators were unable to attend but they send their regrets but they also support this measure to this great woman who serves this community as well. And we will do this by reading a resolution. th This is House Resolution 73EX. Representative Howard 121 Ralston and the 7 Frazier thnd from the 123 Sims from the 199, Murphy from the 120 and Smith from the 122. And when I say Ralston I must make note that’s the Speaker of the House, David Ralston who signed off on this as well. And it’s a resolution honoring Linda Beazley and for other purposes. Whereas Linda Beazley began working for Richmond County in 1957 in the Sheriff’s Department and was soon transferred to the Probate Court. Whereas she first came into contact with Election Administration whereas Linda worked in the Probate Court until her appointment as Executive Director of the newly created Board of Elections Office in 1973. And whereas she served as Executive Director of the Board of Elections from 1973 to 1993 when she was appointed as County Administrator for Richmond County. Whereas she served as County Administrator until 1996 when she was appointed by the Secretary of State Lewis Massey as Georgia’s State Elections Director. And whereas she served as State Elections Director from 1997 to 2005 and was appointed as Chairperson of the Board of Elections in 2005 until her resignation. And whereas Linda worked in the Elections Administration for 48 years and helped to administer thirteen presidential elections and whereas she served as president of the Voter Registrars Association of Georgia from 1983 to 1985 and in 1985 she was elected as the founder, founding president of the Georgia Elections Francis Duncan Award for excellence in elections administration. In 1988 she testified before the United States Congress regarding handicapped accessibility at polling places. In 1992 she was appointed as a first ever woman to chair the University Hospital’s Hospital Authority board. And in 2000 she was appointed by the Secretary st of State Kathy Cox to the 21 Century Vote Commission to assist with elections reform in Georgia. Whereas it is only fitting and proper that Linda Beazley be honored for her outstanding work as a public servant to insure that the elections process remains fair and assessable to all citizens. Now therefore be it resolved by the House of Representatives that the members of this body honor Linda Beazley for her outstanding career in Election Administration. Be it further resolved that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Ms. Linda Beazley in the House read and adopted on rd August 23 2011. Robby Rivers is the clerk and we want to present this to her son for her great work. (APPLAUSE) Mr. Howard: I would like to at this time, one of our chair, co-chair for the delegation is Barbara Sims who all of us laid the charge in making sure this happening. Lynn Bailey, who we, when we offered to do this, made it real comfortable to make it happen. So we want to thank her as well. But, Barbara, if you don’t mind, Mr. Mayor, we’ll share. 2 Ms. Sims: Thank you everyone that’s here. I find it such an honor to be standing with Linda’s son and to be in front in all of you who probably all know her. It is an honor to have any part in giving this recognition to someone who served this city this county and this state so tremendously. Thank you. (APPLAUSE) Mr. Mayor: Thank you, representatives of city and state. I just want to say about your Mom, about Linda, please share with her that she for me defines what a public servant is. Selfless service, civic mindedness. She’s just been a treasure to this community and with that I’d just like to deliver this Certificate of Recognition. Certificate of Recognition presented to Ms. Linda Beazley, Executive Director Board of Elections 1973 through 1993. State of Georgia Elections Director 1997 through 2005. Chairperson Board of Elections 2005 to 2011. Whereas Linda Beazley was appointed as Executive Director in the newly created Richmond County Board of Elections Office in 1973 and served until 1993 and whereas Linda Beazley was appointed by Secretary of State Louis Massey as Georgia’s State Elections Director in 1996 and served until 2005. And whereas Linda Beazley was appointed by the Augusta Commission as Chairperson of the Board of Elections in 2005 and served until her resignation this year. The Augusta community has benefited greatly from the wisdom you share and the life you exemplified by your hard work and devoted service. Thank you for your commitment to civic th excellence. Given under my hand this 6 Day of September 2011. Deke Copenhaver, Mayor. (APPLAUSE) Mr. Beazley: Thank you very much. On behalf of the Beazley family I’d like to say thank you very much and Mama wishes you all (unintelligible) she loves and keep her in your prayers. Thank you very much. (APPLAUSE) Mr. Mayor: Madam Clerk, if we could move on to the next presentation B. The Clerk: PRESENTATIONS B. Presentation from the Georgia Association of Water Professionals. RE: The N. Max Hicks Water Treatment Plant receiving the Plant of the Year Award for surface water treatment plants in their size category. The Clerk: So he has, Mr. Wiedmeier, are you here along with your staff members? Won’t you come on around. Mr. Mason, you want to come down and, and Mr. Smith as Chair and Co-chair of the Engineering Services Committee? Come on, Mr. Hicks, Mr. Saxon. Mr. Cannon: My name is Bill Cannon. I’m the president elect of the Georgia Association of Water Professionals. GAWP is a 5,000 member organization here in the State of 3 Georgia charged with maintaining the quality of drinking water and treatment of waste water for the municipal and industrial users here in the state. Along with that we recognize outstanding performance. In the city of Augusta the Max Hicks Treatment Plant has been selected as the treatment plant of the year for year 2010, 2011 and I’d like to recognize Max Hicks who the name of the plant is named after. And he’ll assist me in the recognition of this award. It’s important to understand that there’s a number of folks that contributed to this award that aren’t able to be here today. So these are just a few of the folks that made this award possible. In particular I’d like to point out that Javen McAster. Javen he’s in charge of the plant lab. Linda Jones in charge of customer service. John Johnson, thank you, John. John was also selected as a top op which means he also was previously awarded a certificate for top operator as an individual award for the association as well. And then we also have Charlton Wade who I believe was instrumental in the maintenance efforts here at the plant. And Alan Flanagan who’s in charge of operations and then of course over all of it Debra Beazley who’s the one who makes it all happen. We have a plaque that I’d to briefly read the critical parts of it. The Georgia Association of Water Professionals hereby presents this award for outstanding operation of a water treatment plant in the category of surface water 15-49 MGD to Augusta Utilities in the Max Hicks Water Treatment Plant. Thank you. (APPLAUSE) Mr. Mayor: I’ll just keep my remarks brief because I know we’ve got a lot of other stuff to get to. But this is just another example of our city’s striving for excellence at all levels. I just want to say congratulations to everybody out there. This state wide award means so much to the citizens, to me personally. So just thank y’all for the great job that you do on a daily basis. Thank you so much. (APPLAUSE) Mr. Wiedmeier: I would just like to say that these folks worked really hard for this award. They were preparing for the full year before the judging came around. I’m proud of them and this reflects well on our entire department and on the whole city of Augusta. So thank you very much. (APPLAUSE) Mr. Mayor: All righty, we get another chance to recognize here. There’s no “I” in team. The Clerk: RECOGNITIONS(S) C. Recognition of the East Augusta Warriors Basketball Team for capturing the 16-U Division 1 Title at the Youth Basketball of America National Championships in Kissimmee, Fla. July 24-30, 2011. (Requested by Commissioner Matt Aitken) The Clerk: We ask that Commissioner Matt Aitken along with the Mayor please join us in recognition of the East Augusta Warriors Basketball team for capturing the 16-U Division 1 4 Title at the Youth Basketball of America National Championships in Kissimmee, Florida. And Representative Ernest Smith has so graciously agreed to do the roll call for the team in receiving their award. Mr. Smith: Good evening. This is truly a proud day for Augusta, Georgia. Let me say what’s most important is that these young men displayed dignified focus, discipline and tenacity. And just know that they were well represented in the state of Florida. So now Augusta’s known not only for the Masters but for some tenacious young men that probably in all likelihood will be replacing all of us as time goes on because of the discipline that they displayed. But to give you a bit of background. The East Augusta Warriors Basketball team was organized in March of 2006 under the East Augusta Youth Association Inc., a non-profit organization. This organization gives young girls and boys a sense of community pride and builds character by shaping minds and bodies through education and athletics. We are housed at May Park Recreation Center. We also have a girls’ team. The teams place in different tournaments during the summer. The teams play in what’s called the YBOA which is the Youth Basketball of America League. The boy’s team has won three state championship titles. Georgia State Championship in 2009 and back to back South Carolina State Championships in 2010 and 2011. The Warriors have been to the national tournament in Florida six years in a row. They finished in third place at 11 and 13 years old. They were runners up at 12, 14 and 15 years old. On July th 30 2011 they won the national title at 16 and under. The team only lost two games in three years. What a marvelous accomplishment. Their record this season is 37 and 0. During the national tournament Darius Williams won the Hustle Award. Darius raise your hand. All right. Ronald Jones and William Bentley won all tournament awards. Gentlemen please raise your hand. Kyle Doyle won MVP. Jeffery Minipy has been the team captain all six years. All right cap. They had a team of fine coaches, Head Coach Mr. Gregory Utley, Asst. Coaches Mr. Charles Huggins and Mr. Sirlester Harrison. The teams Mom’s cause we’ve got to have some motherly advise to go along with these young men Mrs. Gwen Utley. The team roster, roll call. Jeffery Minipy #55 Guard. Darius William #3, Guard. Ronald Jones #52, Center Forward. Kyle Doyle #23, Forward. Robert Askew #15, Center. Jerome Talbert #5, Guard. Austin Kyles #30, Center. Michael Lewis #1, Guard. William Bentley #2, Guard. And Brandon Quarterman #33, Forward Guard. Give these young men a round of applause, please. (APPLAUSE) Mr. Smith: As we said these young men displayed focus, tenacity but more importantly discipline. And that reflects back on the coaches, which means if you’re coachable you can win. And these young men showed their coaches that they can win. And not only are they excellent athletes they’re going to be excellent students as well. Amen to that, young men? All right. So we’re going to recognize the coaches at this time. Head Coach Mr. Gregory Utley. Asst. Coach Mr. Charles Huggins. Mr. Sirlester Harrison and team Mom, thanks Mom. Ms. Gwen Utley. (APPLAUSE) Mr. Smith: Again thank you ever so much. We are so proud of the job that you young men and this young lady has shown. And it gives me great pride to say that I’m a public servant for them to call for anything at any time. Thank you so much and congratulations, young men. 5 Mr. Mayor: And just before we close just to read the Certificate of Recognition. And it’s no secret I’m all about the team game. Y’all exemplify that in representing us on the state level like that. We are so proud of you. Certificate of Recognition presented to the East Augusta Warriors Basketball Team 2011 Youth Basketball of America National Champion for your outstanding achievement and excellent sportsmanlike conduct displayed during the 2011 summer basketball season the City of Augusta congratulates you for participating and clenching the 16 and under Division 1 Title and the 2011 Youth Basketball of America National Basketball thth Tournament in Kissimmee, Florida on July 30 2011. Given under my hand this 6 Day of September 2011. Deke Copenhaver, Mayor. Congratulations again. (APPLAUSE) The Clerk: Congratulations. Would you like to say something Mr. Utley? No? Okay. Any team member? Captain? Mr. Speaker: Take the time to thank the Mayor and the Commissioners of Augusta for recognizing these young men. They did an outstanding job for I guess it’s been six or seven years I coached them. So of my coaches have been six years old. A real job to work with. We also have just a few things about these young men for just a minute. If you’re familiar with (inaudible) right here he’s one of the star running backs with Butler High School. He’ll also be graduating this year along with Rob Esque and Craig Pittman. Thank you. (APPLAUSE). Mr. Aitken: You know Ms. Utley called me about this recognition and I’m continued to be amazed at what’s in this city with the talent that we’ve got. And when we can be a winner when we’re all working together so my colleagues on the Commission y’all got to top this. Y’all got a lot of work to do to catch up so y’all made me look good up here. But more so you made yourselves look good and especially the District One. So just so thankful to be a part of this as well. (APPLAUSE) Mr. Mayor: Don’t you just feel so good right about now? Madam Clerk, on to the delegations, please. The Clerk: DELEGATIONS D. Charles L. Masters RE: Augusta Professional Firefighters. Mr. Mayor: And if you could keep it to five minutes, please, sir. Mr. Masters: Mr. Mayor and Commissioners. Please understand that I’m going to take five plus years of disaster and condense it down into a five minute speech. Soon after Chief Willis took full control of our department we realized we were in trouble and started a downward spiral. We started a dialog with Fred Russell to no avail. Let me state for the record that any fire 6 station built or any fire truck bought was because of the planning of Chief Few and Gillespie. We are still working off their vision and foresight. This just didn’t start with our Truck 4 debacle that Chief Willis and his deputy chiefs orchestrated. This was the last of many poor decisions that they have made. The department has been destroyed by these men. When Chief Willis took control of our department we were in the midst of a wellness and fitness grant but due Chief Willis’ mismanagement and the fact that the chief officers refused to participate in physicals Chief Willis terminated the program and returned the leftover funds. Now six years later you, the Commissioners have instructed our department to implement the same program but now the taxpayers of Augusta has to foot the bill. For safety reasons a portable radio should be provided for all firefighters during an emergency. We had four firefighters with near death experiences and one that may very well return to work due to a lack of a communication device. There has not been one safety review or investigation to why these incidences happened nor has anyone asked what policy could be changed or implemented to insure our fire fighters safety to date. Commissioners we’re talking about real people with families and we owe them this protection. Commissioners you’ve asked several questions concerning promotions and they have gone unanswered. Chief Willis implemented a new promotion policy that the policy has been totally ignored. The reason why the new policy was written was to create a promotion list that is updated every two years regardless whether the list had run out or not. The policy was written to protect our community if we ever have an incident the magnitude of 9-11 or the Charleston SC fire where many fire fighters lost their lives. He totally disregarded this policy which has led to law suits and morale issues. Chief Willis has created major disparity within our ranks due to his policy of changing promotion rates from 15 to 5 percent. He totally destroyed the ranks due to this policy. As for the purchase of fire trucks millions of dollars are being spent with one company and one company only. We have no committee no group or anybody on our department making recommendations except Rogers where this is concerned. At the same time he and a very slick few are being wined and dined by this company. They would say they wanted to keep our trucks uniformed and have parts on hand by using the same company. This is nothing but smoking mirrors by Chief Willis and his deputy chiefs. Chief Willis has refused to nd stop by stations to check on his men to find out what the issues are. Up until August 22 a staff meeting had not been called in over two years. If they say anything different show me the minutes of the meeting. The firefighters have lost total respect and confidence in Chief Willis, Rogers and Scott. Under Chief Willis’ direction we as firefighters have been denied most or all opportunities for advancing our education. Education under his administration is not a priority. Chief Willis, Rogers and Scott don’t even hold an EMT Certification as required for all rookies and have even fired many good firemen for not having this same certification. I will ask you this question because until now there’s been no answer. There are thousands of dollars of brand new wild land fire gear that was purchased for all fire fighters. That gear has set in boxes to ruin in a fire station storage room. The Augusta Chronicle just did a story on how each fire fighter in Augusta has this gear. Let it be known that we do not. We’re asking for a full investigation as to whether the fire department’s funds were used to balance the budget or returned to the general fund including but not limited to the old city’s portion allocated for fire protection. I could talk for five hours and not even scratch the surface of the lack of leadership and competency from Chief Willis and his two deputy chiefs. They have spent the last six years talking about backstabbing and humiliating each other at expense of the fire fighters. This department has been on auto pilot for six years. And for that we owe these men and women behind me more than an apology. We owe them true leaders who will give us the best chance to get home to our 7 families. We’re asking Chief Willis to resign and Deputy Chief’s Scott and Rogers to take their full pension and go home. (APPLAUSE) Mr. Mayor: Thank you. If y’all could please hold it down. Thank you, sir. Okay. Mr. Mason: Mr. Mayor. Mr. Mayor: Y’all if you please. Commissioner. Mr. Mason: Mr. Masters, could you come back up to the microphone for a second? Mr. Mayor, can we see how many individuals are here? Can we get a head count of the individuals that are here for this agenda item? Mr. Mayor: Presentation? Mr. Mason: Presentation, yes, sir. Mr. Mayor: Raise your hands. (87 supporters noted) Mr. Mason: All active fire fighters, men and women. Mr. Masters, first of all, wow, let me say that I’m disturbed by some of things that I’m hearing. Do you think it’s important because you talked about some qualifications and certifications and I’ve been talking about that myself? Do you think it’s important for the Chief as well as the deputies to be EMT certified and if so why would that be important? Mr. Masters: I appreciate the question. Let me start off by saying that this is a sad day. I won’t stand up here and speak for the men. This is, we’re talking about three fire fighters that have given their whole life to protect this city. This is not a good day. But we owe it to the men to protect them. Your question concerning the EMT certification. You’re not allowed to come on our department without being an EMT. You cannot advance into any rank without being an EMT. And we’re firing guys, good guys and women that didn’t get this certification. And our top three don’t have the certification. Let me tell you why it’s important. We operate off of a chain of command system just like the military, you’re familiar and it starts at the top. If we go firing people for not having it then our leadership needs to lead by example and they need to carry the same certification that we do. Mr. Mason: I just have one other question, Mr. Mayor. Now I appreciate your candor. You mentioned about Chief Willis and the deputies in terms of coming by or not coming by the fire stations. When is the last time that you can recall or anyone can recall Chief or his deputies coming by the fire stations even check on the moral or any issues or any good things for that matter that may be going on with their employees? Mr. Masters: Commissioner, I just didn’t throw that out there. I called around to a lot of stations a lot of shifts. I speak for me personally. I hadn’t seen Chief Willis at my fire station on 8 any shift in five years. I called around this morning just to make sure I had my facts together and be precise in what I say and you’ll find very few fire stations, there are a couple because they’ve got some relatives working in them stations. But you’ll find very few stations that he’s been around at all. And we have, Commissioner, we have people in the hospital, in the hospital he’s not willing to see them. It’s um, it’s sad. Mr. Mayor: Okay. Commissioner Guilfoyle and then Commissioner Lockett. Mr. Guilfoyle: Commissioner Lockett first. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Mr. Masters, I want to applaud you for your bravery and your expertise when it comes to fire service. I’ve been told that many of your peers have been threatened and have been told not to speak to the media. I can understand why now. You mentioned the fact, you mentioned about wild land fire gear in the station storage room. What is that for and where should it be? Mr. Masters: Wild land fire gear is purchased for every firefighter. It’s where we have a road mostly in the rural areas we have a lot of vegetation and woods. It’s a lighter gear, it’s not as heavy not as cumbersome on the body. And it’s, we still get the protection off of it. This gear has been sitting in a fire station storage room for over four years. I actually went by there and took pictures of it. Some of it’s not usable because the rats have done got into the boxes. I asked four years ago why hadn’t this gear been sent to the men. And I still hadn’t got an answer why this gear hadn’t, its, we’re talking thousands of dollars’ worth of gear and protection for us. I don’t, you know I’m searching for answers. I have no clue why. Mr. Lockett: You know, Mr. Masters, I’ve conversed with quite a few firemen over the last few months and I’ve been told that many of the firemen can’t even get the necessary equipment to go out and do their job. Have you experienced that or have you been privy to that information? Mr. Masters: Well we, we’ve got so many issues, Commissioner, that’s just part of it. A Commissioner called one of our deputy chiefs and said we had a light out on the back of the fire truck the other day. They were on a fire call in the middle of the road. Immediately after he called they pulled that machine down to the shop and got the lights replaced on it but only the lights he complained about. The rest of the lights don’t work. I got the email this morning where those lights have been reported three weeks ago. This is just one area we have problems with. It’s a leadership issue that’s bled down through the department and it’s turned into a safety issue for every man and woman that’s protecting us. Mr. Lockett: Mr. Chairman, if I may this is my last comment. You mentioned something about near death experiences of some of your firemen. Could you elaborate on that just a little bit, please? 9 Mr. Masters: Yeah I’m going to try and condense this. This is emotional for me. We’ve had, we had one fire fighter just recently he got separated from his crew which is common. He didn’t have a portable radio. There was ammunition going off in the house. When they finally found him which was by accident by the way he was in a closet. He done went into shock. He had his face piece off, he’s breathing everything. We’ve left, we’ve left, we left him because we can’t give him a portable radio and I’m not judging anybody. When a Commissioner can get a portable radio and the men can’t get one, we’ve got a problem. We’ve got a problem. This guy will never return to work again, he will never. He’s done, his career is over with. We’ve turned our back on him. This department has turned its back on him. He’s won. Martin Luther King had a house fire, the same situation. The guy’s get separated from his crew. He has no portable radio. The house flashes over, he dives out the window but not before being burnt. He spent a year in skin grafts. This can be avoided through a radio communication. I’ve addressed this issue four years ago, four years ago. Mr. Mayor: Okay, Commissioner Guilfoyle. Mr. Guilfoyle: Mr. Masters, I know it took a lot for you to be standing there talking before the Commission. But I understand your reason and rhyme. You had spoke and it fell on deaf ears quite a bit. You’re leadership that you had spoken to has done nothing. I have went around to the different fire departments. I didn’t care to know the fireman’s name but I wanted to hear their stories. They’re brothers, sisters, fathers, daughters and dads and when it comes, they’re concerned, their main concern is about the safety of their fellow firemen which is being eroded at the core. And I realize that. And that’s the reason why you’ve have been seeing me speak up and reaching out to my other Commissioners as well. Mr. Administrator, you see what’s going on, it’s time to act. We need to do something sir. Thank you. Mr. Mayor: Thank you. Commissioner Bowles, Mr. Mayor Pro Tem, excuse me. Mr. Bowles: Thank you, Mr. Mayor. Charles, I appreciate you coming here today. Has there been an official vote of the union of no confidence for the Chief? Mr. Masters: I appreciate the question. What we’ve done, this is not a union issue. This is an Augusta fire department issue so we stayed away from the union and we separated men out. I’ve done a poll talking to each station and every man except administration and I’m 97.9% support for what I’m doing today. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. Charles, I’d just like to say to you and your colleagues here you all have my 100% support and commitment to finding out whatever means we need to find out to get to the bottom of this. It does sadden me and I concur with my colleagues in hearing this information that we don’t even have something as simple as two way radios. That is completely unacceptable. And I just spoke with the chairman here and we’re going to do whatever we can to instruct the proper people as well as ourselves to do some research and find out what we need to find out to get to the bottom on this. Because we want to make sure this thing is being done fairly and equitably amongst all of you all. And again thank 10 you all for what you do. It’s not an easy job, it’s not an easy position to be in but without you all we could not you know, we definitely could not do it and it means a lot to us. So again thank you and thank you for coming forward with that because that’s I mean it’s a wealth of information. Mr. Masters: I appreciate all the help you can give us in getting our communication device. Our issues are a lot bigger than that. It’s leadership. Mr. Mayor: Okay, well, Charles, thank you for coming down and everybody here thank you all for coming down and sharing this information and your concerns with us. Thank y’all. (APPLAUSE) Madam Clerk, if we could move on to the consent agenda. The Clerk: Our consent agenda consists of items 1-22, items 1-22. For the benefit of any objectors to our alcohol petitions once those petitions --- Mr. Russell: Mr. Mayor, while we do have a lot of firemen I’m sure they’re interested in the balance of the meeting. We do have some citizens, other citizens in addition to the firemen in the back. I was wondering if you all really don’t want to hang around and watch. It might be good if --- Mr. Mayor: Yeah, thank y’all. Mr. Russell: --- take a second and let some of the other people come in. Mr. Mayor: Thank y’all so much. Mr. Russell: I didn’t mean you had to leave. If you don’t want to stay we’ve got other people that might --- The Clerk: Our consent agenda consists of items 1-22. For the benefit of any objectors to our alcohol petitions would you please signify your objection by raising your hand once the petition is read. I call your attention to: Item 3: Is a petition for an on premise consumption Liquor, Beer & Wine license to be used in connection with the Downtown Barroom located at 877 Broad Street. Item 4: is an on premise consumption Liquor, Beer 7 Wine license to be used in connection with Buffalo Wild Wings Grill & Bar located at 120 Robert C. Daniel parkway. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Okay. Our consent agenda consists of items 1-22. Mr. Mayor: Gentlemen, do we have any additions to the consent agenda? Commissioner Brigham. 11 Mr. Brigham: Mr. Mayor, I would like to add items number 26, 27, 29, 31, 33 and delete item number 32. The Clerk: You want to delete 32? Mr. Brigham: And delete item number 30. Mr. Mayor: Okay, thank you, Commissioner. Do we have any further additions to the consent agenda? Do we have any items to be pulled for discussion? Commissioner Lockett. Mr. Lockett: Agenda item number one, I just wanted to be noted that I vote No because it deals with the illegal and unauthorized reorganization. And I’d also like to pull number 31 for the consent agenda. Mr. Mayor: Okay, do we have, Commissioner Mason. Mr. Mason: Yes, sir, Mr. Chairman, I’m just going to vote No on item number one there. Mr. Mayor: Okay. Commissioner Guilfoyle. Mr. Guilfoyle: I’d like to bring up number six for discussion. Mr. Mayor: Okay, if there are no further items to be added to or pulled from consent I’d look for a motion to approve the consent agenda. Mr. Mason: So moved. Mr. Lockett: Second. Mr. Mayor: Hang on. Commissioner Johnson. Mr. Johnson: Item number ten. Commissioner Jackson, did you have? Mr. Jackson: I was getting ready to pull it. CONSENT AGENDA PLANNING 1. A request for concurrence with the Augusta Planning Commission to approve a petition to amend the Ordinance for Augusta, Georgia. The nature of these changes are not substantive nor regulatory, but rather editorial to bring various sections of the Ordinances into conformance with the correct name of Augusta, Georgia, to reassign responsibility and authority as a result of the reorganization of August’s government to the current departments and positions, and for other purposes. Deferred from July 7, 2011 and returned by the Augusta Commission at the July 19, 2011 meeting. The ordinances in question are as follows: Comprehensive Zoning Ordinance, Addressing Ordinance, Land 12 Subdivision Regulations, Site Plan Regulations, Stormwater Management Ordinance, Tree Ordinance, Flood Damage Prevention Ordinance, Grading Ordinance, Soil Erosion and Sediment Control Ordinance, Groundwater Recharge Area Protection Ordinance, Water Supply and Watershed Ordinance, Historic Preservation Ordinance. (Approved by Commission August 19, 2011 – second reading) PUBLIC SERVICES 2. Motion to approve acceptance of a Federal Grant for Airport Rescue & Fire Fighting Apparatus. (Approved by Public Services Committee August 29, 2011) 3. Motion to approve New Application: A.N. 11-35: request by Hardy Meyer for an on premise consumption Liquor, Beer & Wine license to be used in connection with Downtown Barroom located at 877 Broad St. District 1. Super District 9. (Approved by Public Services Committee August 29, 2011) 4. Motion to approve New Application: A.N. 11-37: A request by Peter N. Tompkins for an on premise consumption Liquor, Beer & Wine license to be used in connection with Buffalo Wild Wings Grill & Bar located at 120 Robert C. Daniel Parkway. There will be Sunday sales. District 7. Super District 10. (Approved by Public Services Committee August 29, 2011) 5. Motion to approve the Budget Amendment for Augusta Regional Airport as listed in the attached document. (Approved by Public Services Committee August 29, 2011) 7. Motion to approve Change Order #1 – Fixed Base Operator (FBO) Project at Augusta Regional Airport for the lease of trailers to be used as temporary operating facilities until the completion of the project. (Approved by Public Services Committee August 29, 2011) 8. Motion to approve Memorandum of Understanding between Augusta, Georgia and Augusta Canal Authority. (Approved by Public Services Committee August 29, 2011) ADMINISTRATIVE SERVICES 9. Motion to approve participation in the Business Occupational tax Submittal System with Georgia Department of Revenue. (Approved by Administrative Services Committee August 29, 2011) PUBLIC SAFETY 11. Motion to approve acceptance of two grants for the Fire Department from GEMA/Homeland Security for Hazmat Maint. in the amount of $15,000 and for GSAR in the amount of $20,000. (Approved by Public Safety Committee August 29, 2011) 12. Motion to approve moving forward with submittal of the RFP for the Promotional Process for the Augusta Fire Department. (Approved by Public Safety Committee August 29, 2011) ENGINEERING SERVICES 13. Motion to approve Change Order #1 to Khafra Engineering Consultants, Inc. in the amount of $227,558 for additional water/sewer systems upgrades to Fort Gordon Recreation Area at Thurmond Lake. (Approved by Engineering Services Committee August 29, 2011) 13 14. Motion to approve Change Order #2 to Blair Construction, Inc. in the amount of $396,641 for additional water/sewer systems to Butler Creek Interceptor upgrade East – Phase II. (Approved by Engineering Services Committee August 29, 2011) 15. Motion to approve Purchase of Itron 100W Radio Read Transmitters and Electronic Hand-Hel Meter Reading Devices by Utilities. (Approved by Engineering Services Committee August 29, 2011) 16. Motion to approve change order to Johnson, Laschober & Associates, and P.C. (JLA) design contract in the amount of $92,500.00 for additional engineering services for Fort Gordon Gate #4 Water Main connection to tanks. (Approved by Engineering Services Committee August 29, 2011) 17. Motion to authorize execution of Change Order #1 in the amount not to exceed $7,208,935.00 to Tetra Tech Inc. for installation of a raw water irrigation system at Ft. Gordon through the Ft. Gordon CM@Risk – Phase II contract, and the Design-Build services at Chafee Ave. Lift Station and Ground Water Plant #1 with the stipulation that there be a minimum of two bids for any project using Richmond County funds. (Approved by Engineering Services Committee August 29, 2011) 18. Motion to authorize execution of Change Order #3 in an amount of $93,775.00 to ZEL Engineering for additional Engineering Services on the MSA-001 Wastewater Connections at Ft. Gordon. (Approved by Engineering Services Committee August 29, 2011) 19. Motion to approve a cost share agreement between Walker Hills, LLC and the Augusta Utilities Department (AUD) for McCoys Creek Subdivision. (Approved by Engineering Services Committee August 29, 2011) 20. Motion to approve the purchase a replacement gearbox for the #4 raw water turbine and pump at the Goodrich Street Raw Water Pumping Station. (Approved by Engineering Services Committee August 29, 2011) 21. Motion to approve purchase of 4 SOLO Robotic cameras from RedZone Robotics, Inc. in the amount of $152,000. (Approved by Engineering Services Committee August 29, 2011) PETITIONS AND COMMUNICATIONS 22. Motion to approve the minutes of the regular meeting of the Commission held August 16, 2011. FINANCE 26. Approve request from the Augusta Regional Airport and Augusta Aviation Commission to purchase one (1) compliant Passenger Boarding Ramp. 27. Approve the replacement of 1 public safety type automobile using Sales Tax Funds as approved in the Sales Tax Referendum for Phase VI. 29. Approve allowing the Augusta Convention and Visitors Bureau to apply for a Georgia Department of Economic Development Product Development grant on behalf of the City. 30. Receive a report on the City’s present financial status including any current deficit and its relationship to the budget. (Requested by Commissioner Corey Johnson) 32. Receive a report from the Administrator regarding the savings for this year in personnel reductions. (Requested by Commissioner Jerry Brigham) (Referred from August 8 Finance Committee) 14 33. Consider a request for refund for property located at 2538 Commons Trace, Map/Parcel #013-1-149-00-0 for tax years 2008 and 2009 in the amount of $285.95 for each year, respectively. Property owner, Roland Witherspoon. Mr. Mayor: Okay, we had a motion and a second. Are y’all okay with including item numb 10 on that? Okay, we have a motion that’s been properly seconded. Commissioners will now vote by the usual sign of voting. Mr. Mason and Mr. Lockett vote No. Motion carries 7-2. [Item 1] Motion carries 9-0. [Items 2-5, 7-9, 11-22, 26, 27, 29, 30, 32, 33] Mr. Mayor: Okay, Madam Clerk, let’s go to the pulled items first. Item #6. The Clerk: PUBLIC SERVICES 6. Motion to approve and authorize execution of a lease agreement with Georgia Power to provide, install and maintain the walking track site lighting for Brookfield Park. (Approved by Public Services Committee August 29, 2011) Mr. Mayor: Mr. Guilfoyle. Mr. Guilfoyle: Tom, I just wanted to reiterate on our discussion earlier this week in regards, well last week in regards to making sure we could equalize the amount of usage on all the lights. That way in my district we’ll lights around the walking track as well. Mr. Mayor: Yes, sir, Mr. Beck. Mr. Beck: Mr. Mayor, members of the Commission. What this was doing was replacing the lights at Brookfield Park which was actually one of five different walking tracks around the county that we left on with some budget cuts about three years ago. Subsequently with some of those cuts that we made we’re also looking at reducing the time back from 11:00 o’clock to 10:00 o’clock which is going to allow us to possibly open maybe one or two more around the county which I think we’ll probably be able to do. Mr. Mayor: Okay. Mr. Brigham: Move we approve. Mr. Mayor: Okay, we have a motion. Is there a second? Mr. Guilfoyle: Second. 15 Mr. Mayor: We have a motion and second. If there is no further discussion Commissioners will now vote by the usual sign of voting. Motion carries 9-0. The Clerk: ADMINISTRATIVE SERVICES 10. Motion to approve rescinding the 44 raises that were given by the Administrator based on their non-compliance with the Personnel, Policy and Procedures Manual. (Approved by Administrative Services Committee August 29, 2011) Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I think it’s only appropriate to really discuss this item based on the raises that have already been approved and given to these individuals. First and foremost I’d like to say that I do agree that I think we need to rescind these but I want the people that who are the recipients of this raise to know that we’re going to look at this and we’re going to evaluate it on a case by case basis. Because I don’t, me personally, I think I speak for the will of the Commission that everybody probably shouldn’t have got a 15% increase. Someone probably shouldn’t have got an increase at all but this needs to be evaluated and we need to go back to the drawing board and look at this. And I want the people that have received these increases to know that we’re not slighting their added responsibilities. We know that some of them got a great deal of responsibilities and we want to look at that and be fair. But I think it’s only appropriate that we let them know that. We owe it to them and want to be fair in this process. But I do support rescinding it giving us an opportunity to reevaluate and assess it and come back to the drawing board with the increases that we think is appropriate due to the classification. So I just wanted to make that statement, Mr. Mayor. Mr. Mayor: Thank you, Commissioner Johnson. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I’m going to have to disagree with my esteemed colleague Mr. Johnson. The Personnel, Policy and Procedures Manual that was passed on March 1, 2011 which as far as I’m concerned is a illegal document but it was used to make these pay increases. Now there is legal documents that show that government employees cannot receive retroactive payments. Now General Counsel prepared an opinion but he did not authorize us to give this to the public or to the media. His opinion did not address retroactive pay it talked about back pay. I think he was playing with words. So I definitely oppose this. I think the entire thing should be rescinded. I understand according to the Personnel, Policy and Procedures Manual that the Administrator did have the authority to do it but I do believe that poor judgment was used. So I think that we should wipe the slate clean and start over anew. Thank you, Mr. Chairman. Mr. Mayor: Thank you. Commissioner Guilfoyle. 16 Mr. Guilfoyle: Mr. Mayor, it’s going to be a couple of questions. One is for the Attorney. What is the repercussions if we do rescind this raise? Mr. McKenzie: That’s a good question. That depends on the nature of the way that the raises are handled. I think there’s some legal concerns that we would have with rescinding the raises and making that rescission retroactive so that you would be trying to collect some from employees who already received the increase. If your question’s related to what the possibilities would be as far as moving forward not having an attempt to take back money for time that’s already been spent with the increase but moving forward there is room within the realm of the law to require employees to do additional duties without authorizing additional pay. That is authorized however there is a current code revision in the Personnel, Policy and Procedures Manual that would be amended before that could take place to make sure we’re not inconsistent with the current language in the Policy and Procedures Manual. And I passed out an alternative motion that would effectuate doing that as long as well as code a Personnel, Policy and Procedures amendment that Commissioners have before them. If it’s the will of the Commission to discontinue the raises and moving forward it can be effective on the effective date of the amendments to the code to discontinue the raises. It would also have the effect of transferring the authority to approve or disapprove raises associated with the promotional or reclassification promotion which is what the category that we’re looking at is. It would put that back in the hands of the Commission. Mr. Guilfoyle: All right, second question is the law suit. If we rescind the raises, will we be set up for a class action law suit? Mr. McKenzie: A class action law suit from the 44 employees affected? Mr. Guilfoyle: Yes, sir. Mr. McKenzie: I would say it would depend on how the rescission was done in connection with the first answer that I gave. If this is done in accordance with applicable law then it should minimize the risk of any viable class action law suit. As you know anybody can file a law suit but we would anticipate doing it in a way that would minimize risk. And that’s why I gave you the alternative motion that I think would have the effective of minimizing the risk and moving forward. And that is if it is the will of the Commission to go down that road of discontinuing the raises. At a future point in time after amending the code that would have the effective of minimizing the impact of any adverse litigation. Mr. Guilfoyle: Right, this paperwork that you gave me is, as far as the new paperwork on this policy manual is probably a anybody who has any incentive to become, move up within the ranks will have to go before the Commission before they get the authority to get their raise. Is that correct? Mr. McKenzie: Yes and no. This particular amendment relates primarily only to a reclassifications promotion. This would be the promotions that were done as a result of reclassifications. This would not, this particular amendment would not address the Commissioner, I mean the Administrators authority to do other types of salary increases. It is 17 my understanding that amendments along those lines are on for next week’s committee cycle. But this does not specifically address those. This was intended to be very narrow, basically a rewording or the motion that you have on here but addressing some of the legal concerns. And it’s very narrow to that issue. Mr. Guilfoyle: All right. I would rather make a motion to rescind a percentage of the raise what we could do legally without setting ourselves up for a law suit which is going to cost more. And then I was one of the ones who voted for this policy manual. I don’t mind saying that but I never thought that it would be taken out of context in this day and age. So I would make a motion to rescind the percentage. Mr. Mayor: Just for clarity what would be, Mr. McKenzie, the proper to achieve the goal of Mr. Guilfoyle while keeping well within the law? What would be the appropriate motion to make on that? Mr. McKenzie: Sure and that’s actually a good question. The Personnel, Policy and Procedures Manual has some minimal increases that are appropriate if a person takes on additional duties and they go up several classifications. And there’s actually a ranking scale of the amount of increase that the policy provides as a minimum. And the Administrator was given additional authority up to 15%. So what you have is if you followed the minimums in the policy there would be one amount for some people and there’s an amount that the Administrator approved a higher amount. So if you were going to approve a percentage increase today my recommendation would hold that you would need to first amend the Policies and Procedures Manual if the percentage would be less than what the employee’s would be otherwise entitled to under the manual. In other words you wouldn’t want to take an action today that would be inconsistent with your own policies and procedures. My recommendation would just be that you amend the policies and procedures first if it’s the will of the Commission to reduce it less than what the policy provides. And that can be done if it’s the intent of the Commission to reduce the potential raises to an amount that is the minimum under the current policy. That could be done without amending the policy if that was the will of the Commission. Does that answer your question? Mr. Mayor: I guess. Okay, we have a motion but at this point we don’t have a second. Mr. Russell. Mr. Russell: Mr. Mayor, you’ve asked the internal auditor to take a look at this and have yet to receive the report from them. There’s been reports floating around but we haven’t received their presentation at this particular point in time which they were asked to speak to the validity of the process which we feel to be valid based on the rules and regulations. And when they were asked to look at the amount of dollars that were given that we feel to be appropriate given the nature of the increases in compensation of the duties that they receive. It seems premature to me to take any action until you receive a report from the individual that you asked to look at this and determine whether or not we did it right or not. I reviewed it again we’ve looked at it you know I still think it was done within the authority given to me within the spirit of trying to get additional duties done by additional people. There are a lot of misconceptions about that. Everybody didn’t get 15%. People got dollars based on their amount of compensation 18 based on the amount of additional that they got. You know until you actually hear the report from the internal auditor on this I think it would be premature to do anything at this particular point in time and I would suggest you wait until they make their report. Mr. Mayor: Okay. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I would like to ask the General Counsel if he would provide a copy of this opinion that he did on August 29, 2011 to the public and to the media. Mr. McKenzie: I’d be happy to do that if that’s the will of the Commission. That is a privileged document in my opinion and if it’s the will of the Commission I’d be happy to release it. Mr. Lockett: And if it’s the will of this body, Mr. Chairman, I think what we need to do we need to get a legal opinion outside of the Augusta government on the legality of making this retroactive pay increase. Because we’re saying that we may subject ourselves to litigation if we take the money back. There have been many times when the government, the IRS in particular, have overpaid you and they took it back. So they can take it back. Thank you, Mr. Chairman. Mr. Mayor: Commissioner Mason. Mr. Mason: Thank you, Mr. Chairman. First and foremost I don’t believe that, well, first of all there was six Commissioners that approved this authority. So I don’t think anybody’s arguing about your authority. But I do think the argument becomes whether it was done correctly and whether you used good judgment in what you called a financial crisis. Whether you was communicative to your superiors even though we don’t have to give you the authority certainly we should be communicated to and with instead of hearing it from the media. And I think it was mismanagement of government funds in a way of when we’re in a financial crisis. Also there’s some specific submission procedures in the Human Resources department on their Personnel, Policy and Procedures Manual that must be adhered to. And we talked about that in terms of the PDQ and other job descriptions that weren’t available for every single one. According to the 44 that I’m seeing here they’re listed as reclassifications and I seem to recall a situation out of the Mayor’s office where a particular individual thought that they were doing more work and they were required to do a PDQ in order to get it done. And it says as appropriate. I don’t know what time would be more appropriate than a major reorganization in a $9 million dollar deficit. And we’re laying off people we’re sending them home. We’re demoting folks we’re taking 2% of their pay, we’re taking portions of their sick time. At what point can somebody answer me, at what point would be more appropriate to do a PDQ than this time when it is the most accurate and it’s the industry standard for doing job reclassifications in the industry. At what point would it be more appropriate than now. Mr. Mayor: Who is your question directed to? Mr. Mason: Anybody who cares to answer it. 19 Mr. Russell: I think if you look at, if I may, Mr. Mayor, I think if you look at the process that we developed you’re looking at the PDQ particularly when new positions are created. Some of the questions there are how far can you bend over, how much weight can you lift and whatever. I think we all knew that based on the positions that we had available to us. And I found it a little bit awkward to ask some of the employees if they could pick up 20 pounds or not. I didn’t need to know that when we made the decisions that we made based on the reorganization. We made the decisions based on combining duties, looking at opportunities to save money in the long run and do so in a way that was conducive with the instructions that you gave me. The financial crisis that we’re talking about is a crisis in the mind of some and an opportunity in the minds of others. That opportunity could possibly be a way to reduce the cost of government by looking at the functions that we do and do that in a more cost effective and efficient manner. To do that it’s not in my mind to become a political issue it becomes a management issue. It looks like you’re trying to move back to the point where each Commissioner has a vote on whether or not Johnny gets to pick up ten or twelve additional duties, gets a raise or doesn’t get a raise. We did that for years and years and years, we did nothing but stagnate under that policy. It was my understanding that we were attempting to move forward with that by centralizing that authority as voted on in the personnel manual to go ahead and make those decisions, management decisions and not political decisions. When we tried to do reclassifications in the past we came in situations where individuals would come to individual Commissioners and say you know he got ten dollars and I got twelve dollars and I didn’t think that was good enough. And we ended up not doing anything. We stagnated by the fact that it became politics and politics alone and not good management. We could no longer afford to have politics rule the day in these particular situations. You developed a policy. That policy said that the Administrator has the authority to do A, B, C and D. Six of you voted on that. That’s all it takes. No matter what your opinion is according to our legal advice six of you voted on that and that’s the policy that we have. And that’s the policy that I’m following based on the legal advice that I was given. You know we can hide behind words or hide behind you know specific points of PDQ’s or whatever. But the rationale approach to this is we’ve looked at the people, we’ve looked at what they did, we looked at the additional duties, we were able to cut some positions, we did not force anybody to go home in this particular opportunity. And we were able to accomplish about 90% of what you were looking for gentlemen when you gave me this charge. I don’t know how to do it any other different than the way you tell me to do it which is what you did. You know if that was poor judgment I apologize for my poor judgment. If that was not what you meant I apologize for not understanding what you said. But the vote said to reorganize. The vote said to save money. The vote said take those positions and do it in the best manner possible given the authority that you’ve got. Otherwise you know we’re going to, you know I’m somewhat frustrated by the fact that I’m getting a lot of mixed signals here from people that at one point in time told me what they wanted and told me the path to take and now the path has become a little rocky which we all knew it would. We all knew this wasn’t going to be easy. I’ve said over and over and over again you’ve got to make tough decisions. And some of those tough decisions are allowing management to manage and the Commission to set policy. You did that and I was proud of you. And now you want to renege on that and that’s a little tough for me to deal with at this particular point in time. Mr. Mason: Let me kind of finish my thought process here. 20 Mr. Mayor: Fifteen seconds on this one and I’ll give you another two if you need it. Mr. Mason: Thank you much. You said a lot but you really didn’t say anything at the end of the day. Mr. Russell: Mr. Mayor, I really don’t --- Mr. Mayor: Mr. Russell. Mr. Mason: What happened here is that the only thing I’m asking you to do is if you’re going to pass a policy which I feel was illegal in the first place and I still feel that way and it hasn’t been proven otherwise. But if you’re going to pass a policy the only thing I would ask you to do is follow it. And what I see and what’s been requested was not done the way that this Commissioner sees it. I’m not looking to micromanage anybody. I’m not looking to pick and choose who gets raises and you don’t. And I’ve still yet to see the savings that you’re talking about in reference to that. Now there’s been a number of folks that have taken on extra positions. The jobs been vacant for years doing extra time and all that. They came out while you were gone on vacation. And so this is not about whether or not a Commissioner wants to dictate who gets a raise. Let’s not get off the focus of what’s really going on. So my motion is the same as it’s been before. I believe that it was done against the Personnel Policies and Procedures Manual and I’m going to make a motion that we rescind these 44 raises. We’ve got 2600 other folks that’s sitting around we’ve got big time morale issues. You just heard plenty of that from the fire department. We can go down every department they’ll be about the same. I’m going to make that motion we approve rescinding these 44 raises that was given by the City Administrator based on their non-compliance. Mr. Lockett: 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. Bowles, Mr. Jackson, Mr. Brigham, Mr. Guilfoyle and Mr. Smith vote No. Motion fails 4-5. Mr. Mayor: No action taken, Madam Clerk. Let’s go on to the regular agenda. The Clerk: 25. Receive as information the results of the 2010 financial audit. Mr. Mayor: Twenty-three and twenty-four. The Clerk: Oh, okay, I’m sorry. The Clerk: Discuss personnel concerns. I thought you were going into Legal with that one? Mr. Mayor: Mr. Mason. 21 Mr. Mason: Well, I’m not sure how it needs to be done. I asked for Legal to be put behind it because generally when we talk about personnel they want to go into Legal. I mean I don’t have any problem discussing it right here if it’s appropriate. I mean whichever way the Chair decides. Mr. Mayor: I would look for the Attorney to give you, we kind of need to know the subject matter prior. Mr. McKenzie: If it’s just a policy issue and you’re not talking about a specific individual person then that would be appropriate to be out here. If it relates to a specific person that would be appropriate in Legal. Mr. Mason: It does relate to a specific individual. Mr. McKenzie: Then that would be appropriate to take up in a closed Legal meeting. Mr. Mayor: Okay, are we, do we have a need for a Legal meeting at the end of this meeting? Mr. McKenzie: We don’t but we can. Mr. Mayor: Okay, could we just, Mr. Mason, could we wait until the place holder for the Legal meeting to discuss it? Okay just so as to I know that there are people here for other purposes that we’re going to go ahead and take that agenda item in Legal at the end of this meeting. Madam Clerk, on to the next agenda item. The Clerk: ADMINISTRATIVE SERVICES 24. Approve the termination of the administrator effective immediately. (Requested by Commissioner Alvin Mason) Mr. Mayor: Mr. Mason. Mr. Mason: Thirty-seven Legal portion because I think it’s the same. The Clerk: Thirty-seven in Legal as well? Mr. Mason: Yes. The Clerk: Okay. Mr. Mayor: Changing the structure of the times of the committees? Am I looking at the same? 22 Mr. Guilfoyle: No, that’s 38. That’s other business under the Attorney. Mr. Mayor: Okay, let’s combine the two and I’ll pull up my agenda on this because they’re two separate agendas. But I’ll promise mine is plainly on display. It is not a hidden agenda. I do not deal in those. Mr. Mason: Either way I think they’re like the same thing. Mr. Mayor: We’ll discuss those two items in companion in Legal. The Clerk: Number 37 which is a motion to approve the consulting services in separation agreement concerning Rod Powell. So that would be a companion item to #23. Right, sir? Mr. Mason: Right, well, yeah, that’s what I’m --- The Clerk: In Legal? Okay. Mr. Mayor: Okay. Mr. Mason: Item 23 okay. The Clerk: Yes, sir, 23 and 37. Okay. Mr. Mayor: Okay, so, Madam Clerk, next agenda item. The Clerk: Where are we on 24? Mr. Mayor: Twenty-four I believe. The Clerk: It’s projected on the screen. ADMINISTRATIVE SERVICES 24. Approve the termination of the Administrator effective immediately. Mr. Mayor: Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. I’ll be brief. The only thing I want to say in reference to this is a couple weeks ago I simply asked for a few good men to step up to the plate and do what I thought took some intestinal fortitude to do and was necessary to be done. Obviously we didn’t receive that at that particular time. What I would like to say is this to the six that did approve this manual. I’m not sure where we’re going in reference to everyone saying yeah, we know that we approved it, we know that we approved it we know that something needs to be done but there’s no plan. I would tell you that in my opinion that doesn’t make sense th because the reorganization plan that you guys adopted on March 30 had a succession plan. For the first time in the history of this government we had two deputy administrators full time we’re paying a quarter of a million dollars for. There’s your plan. Now if you didn’t like that plan you 23 probably shouldn’t have put it into place. But that’s the plan you put into place. I didn’t agree with it then but the point is you’re not following your own plan. So there is a plan that we’ve had a deputy administrator for seven years in the same position. Mr. Russell left for a week last week. It’s first time in nine months that I was able to get some truthful information out on the floor. And so if that’s any indication then he left the least experienced deputy in terms this city government in charge and we didn’t fall apart. So when you say that there’s no plan and we’re just going to stick to status quo just because I don’t believe that we’re listening to the will of the people for whom I was not elected to represent Mr. Russell or anyone else on this government. I was elected to represent the people and the people are dissatisfied. And I know I’m not the only one getting these calls and so my motion is very simple. And that is to terminate Mr. Russell’s employment with this government effective immediately. Mr. Mayor: We have a motion. Is there a second? Mr. Lockett: Mr. Chairman, I second and I’d like to speak to that motion. Mr. Mayor: Let me, I’ll take your second, I’ll come back to you. Commissioner Smith had his hand up. Commissioner Smith. Mr. Smith: I’d just like to say that you know looking at Mr. Russell’s past I think he’s done a lot of good things and I represent Super District 10 which is across the county, about half the county. I’ve had a lot of calls in the positive as for support for Mr. Russell. There’s some decisions anybody’s playing quarterback as he is for our team. Yeah, they’re not going to like every play. The thing about it is if you look at what’s been involved in the directions we’re headed its positive. We just need to get together and make sure we get on the same focus and team effort about it and not stand up here and have this out in the press and for everybody to air out our linens. Get in our dugout and let’s discuss what we can do to move forward. I just, I know the phone calls I’ve gotten and a lot of them and I’ve got some other calls too. The thing about it is in my district there’s a lot of people that say stand behind the man and let’s get things right. You know, who you going to put in charge that knows what Mr. Russell does and which way this county can move. Now you know let’s think positive. All this negative stuff and backstabbing and everything doesn’t get us anywhere. And in fact our neighbors are looking over saying what’s going on? So y’all can do what you want but I tell you right now I think the man is headed in the right direction. Sure he might have made a mistake and some people might call it a mistake but I’ll tell you what walk a mile in his shoes and see how you feel. You family and friends reading about it in and hearing about it in the press and the media I just say that you know I think we need to think positive around here and then maybe we’d move in positive directions and clean up some of this stuff. I’m just disappointed some times to see and hear but I’m glad to say that a lot of folks around all areas I’ve talked to said you know let’s think positive and move forward. It benefits everybody at all levels. Mr. Mayor: Thank you. Commissioner Lockett and then Commissioner Guilfoyle. Mr. Lockett: Thank you, Mr. Chairman. I heard my name used in vain the other day along with my colleague Commissioner Mason. The question was asked y’all must hate Mr. Russell. I don’t hate Mr. Russell; I like Mr. Russell but I just don’t like some of things that Mr. 24 Russell has done as an Administrator. And one of things that I really dislike and Mr. Russell just eluded to it a few minutes ago about six Commissioners. I got six Commissioners. When I first got on this commission he and I sat down and talked about that. I said at least you need to talk to all ten Commissioners. All ten are not going to vote the same way but at least they were part of the conversation. And I questioned Mr. Russell’s judgment. We’re in a financial crisis, at least that’s what we’ve been lead to believe that we’re nine point something million dollars in the hole. I talked with the Administrator on several occasions that he has indicated more than once that his team is the directors. But those other 2,000 plus employees are irrelevant. We’re talking about leading by example. We have to lead by good example. And my forty plus years as a leader I know that you take care of the people on the bottom before you even consider helping those on the top. This is what you’re supposed to do. And as far as my colleagues are concerned there is no cohesiveness at all on this body and there very easily could be if we communicated with each other and not get in the media and say nasty things about each other and then come into the meeting wanting to smile, grin and shake hands with each other. Folks we got to turn this thing around. It’s not going to get any better if we keep on doing the same thing over and over and expecting a different result. Thank you, Mr. Chairman. Mr. Mayor: And I just want to make a quick comment here that at the end of the day to me what it’s about locally is providing jobs and opportunity for everybody possible. And we do not operate in a vacuum. I was speaking at an event in Calloway Gardens two weeks ago. People around the state are following what’s going on in Augusta and it does not look good for us. It does not help us to grow our local economy or to provide jobs for our citizens, which is the key thing I think we need to be doing at this point. Commissioner Guilfoyle. Mr. Guilfoyle: Wow, first I’d like to share into the words that my colleagues just said as far as us getting along, talking negative to the media. And I was just reading last week where one of my colleagues described me as well as five others as the white Commissioners. We need to get away, we need to stop that. Everybody, if we’ve got to call somebody by the color, describe somebody by the color we need to find a different way. I don’t call any of my colleagues by their color. They have names that was their parents given to them. And that’s what I use. As far as this statement as far as termination and Administrator the first time was a statement. The second time’s an overstatement. What Fred did is not a, it didn’t put us in any glorious positions whatsoever and I keep hearing I told you so which is fine. But we also know that the policy manual could be amended at any given moment. And that’s the way I’ve been practicing on. But what Fred has done that was, this was just happened. If we would’ve done something else they would’ve pounced on him on another issue. So this is the first thing that came up that Fred did that was subjective and now it’s being used as a tool to get rid of him. I gave him the authority when I cast my vote. I’m going to have to support him keep him on until something else changes. Thank you. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. And I’ve stood idly by. I haven’t said a whole lot about this but I think it’s due time that I do speak in regards to this. And I heard my colleague mentioned name calling. I’ve been probably called more names in the last two weeks than the man on the moon. And I’ve called those names for making a factual evaluation and I made my 25 assessment of the evaluation. The people in District 2 did elect me to lead with my emotions. They elected me to be an intelligent decision maker up here. And I have to look at the facts and I have to weight them. And that’s what I did. I was accused of switching votes with the Mayor and covering the Mayor and switching votes with Mr. Aitken here. I don’t have to switch votes with anybody. I’m going to vote my conviction. I shouldn’t be ridiculed for doing that. I still have the best interest of my community my city and my district at hand and I wish people would look at that and look at the overall projected of what I have done and what I want to continue to do for my district. What Mr. Russell did, no I don’t agree with it. He knows that. We have talked about that. But at the end of the day yeah, it’s six, that’s the policy six votes and pretty much tell anybody what to do. I’ll sign a change to the Charter. That’s the way the policy’s set up that’s the way it is. Do I like it? Maybe, maybe not but I can’t make that call. But I’ll have to look at the facts and weigh my facts based on that. And at the end of the day because somebody votes different or votes on the other side or what have you all of these sides it gets to become redundant. We came on the commission over three years ago and we made a statement. I know Commissioner Mason and I were the newest two commissioners up here. And we made that change. I would love to continue to see that happen but we’ve got to get some transparency going on not only in this panel up here but with our Administrator our Mayor our Legal Counsel and all those people department heads. But we’re not going to solve it like this. We’ve got some changes that need to be made and we’ve got to look at that. But we’ve got to be willing to do that together. It can’t be the ‘I’ thing it’s got to be the we thing because one vote ain’t gonna change anything up here. Thank you, Mr. Mayor. Mr. Mayor: Okay, thank you. Mr. Speaker: Call for the question. Mr. Mayor: I recognized Commissioner Aitken and then the question has been called for. So, Mr. Aitken, if you’d like to speak? Mr. Aitken: I will. As I look at this whole process that we’ve been through there’s many days that all of us on this commission will go home with our heads hung low because things didn’t go the way we thought they would. But you as a leader we’ve got to come back and face what the people elected us to do the next day. Yes, I voted to terminate the Administrator’s job. The will of the commission is not there to do that today and I as a Commissioner represent my constituents in District 1 I have to work within the framework that’s been given me. And until we have a plan that’s the will of this body and that’s what I’ve got to go with is the will of this body. It’s not six Commissioners. I remember George Eskola asked me a gang of six. I said no a gang of ten. That’s what’s going to move our city forward. We’re not always going to agree but we still have to work within the framework of our government has given us. So with that I hope that we can do this and figure out the plans that we need to do. We all realize we’ve all got a lot of problems that surfaced just recently in how we do business. And it’s going to take all of us coming together to work it out. Thank you, Mr. Mayor. Mr. Mayor: Thank you. The motion has been made and properly seconded. The question has been called for. Commissioners will now vote by the usual sign of voting. 26 Mr. Aitken, Mr. Johnson, Mr. Bowles, Mr. Jackson, Mr. Brigham, Mr. Guilfoyle and Mr. Smith vote No. Motion fails 2-7. Mr. Mayor: Thank you, Madam Clerk, next agenda item, please. The Clerk: ADMINISTRATIVE SERVICES 25. Receive as information the results of the 2010 financial audit. Mr. Russell: Mr. Mayor, Bonnie Cox, our audit partner, is here today to give you this information. As some of you know we’ve made some preliminary releases in reference to the savings that we were able to accomplish. In addition to that she has some issues with some of the items we’ve looked at. As you look at an organization this big and the kinds of things we do the audit’s a valuable asset as we continue to move forward. There are fine areas that we can improve to help us do that over the years she’s brought forth many ideas that have helped us be a better government. And while it’s sometimes hard to be criticized and sometimes hard to have people look at what you do and criticize your actions as with the audit that’s a positive process if you look at it that way. We’d like to thank Cherry, Bekaert and Holland for doing that. Bonnie. Mr. Mayor: Ms. Cox, thank you for being here and I’ll turn it over to you. Ms. Cox: Okay, thank you very much. I am Bonnie Cox and I serve as the audit partner st of the Augusta Richmond County Financial Statement for the year ended December 31 2010. I’ve a couple of, Bobby Smith is here with me. He was the audit manager on the engagement and Denny Hopkins is also here with me who is in charge of the field work. We are going to, I have a presentation that summarizes the highlights of the audit. Once I receive your approval than we will be able to finalize our document. This document is a very lengthy document and so will look forward to finalizing that. We’re prepared to issue an unqualified opinion. That’s a clean opinion on the audit of the financial statements. That means it’s in accordance with the generally accepted accounting principles. We did post some audit adjustments. Audit professional standards require that I tell you about those adjustments. I’ll say that they were consistent with the types of yearend adjustments that have been made in prior years. We’ll talk a little bit more about those in just a minute. Professional standards require for me to tell you if we got into any disagreements with management during the course of our audit and became unable to obtain the evidence that we needed to complete the audit and we did not have any of those disagreements. We were able to get what we needed to get done. We did not have any significant difficulties in conducting our audit. We did have a delay in getting the actuary report which has the pension, required disclosure, required supplementary information and the OPED which is the other pension employment benefit calculations and disclosures. That’s about five or six pages of information on financial statements that will translate into part of what we call conversion entries and so we are unable to complete the audit without that information. So it didn’t cause us a delay in getting that information. Professional standards again require that I tell you if we got cooperation from management personnel. We did get the cooperation. The delay was from the actuary vendor in getting the information to complete that. We get what we call is 27 a Representation Letter. It’s what management here signs and tells us that they told us what we need to know during the course of the audit and the audit evidence that we received was truthful and what we got to render our audit opinion. Professional standards also require that I tell you if we are aware of any other consultations with other independent accountants. And what that means is you’re independent you’re interauditor you’re not what’s called independent because they work with you as a management function. But to our knowledge there are not other consultations out there with independent accountants going on in relation to the financial statement presentation. Professional standards also require that I tell you about audit results for the year ended December 31, 2010. We did have three what we call compliance findings on the financial statements which are all similar to (inaudible) the compliance section we actually because of the length of the report we break it down and it’s starts with pages it’s prefaced with a ‘C’. So pages C-14 through 16 in this lengthy document here shows the financial findings. One is because of this lengthy document is prepared by your auditor and not by internally by your management. You’ve not devoted resources to have that capability here on staff therefore it is considered a material weakness in the definitions of the accounting and audit standards. Item 2 in the financial statement findings was related to some purchase orders that were issued out through invoice dates. What we do is we pick samples and we call them tester controls. We picked 40 items related to purchasing and disbursements and two of those 40 items had PO dates that were actually invoices and so because that is not according to policy it’s considered a finding there. We also had two financial statement adjustments. We had to make adjustments to the financial statements in the general ledger. There on two of the bank accounts that reconciliations there incompletely done and the money was in the bank the way it was supposed to be but the actual adjustments on the general ledger weren’t made in the proper time period there. And so we had to make adjustments there to get the general ledger to reflect what the appropriate balances were there from the reconciliations. You also received $14 million dollars this past year, $14.1 million dollars in federal money. That is straight federal source money and there’s a whole separate set of compliance guidelines that go along with those expenditures. We, there are actually 14 compliance requirements that have to be tested in accordance with those amounts. One item we noted as a finding here was on Grant’s Management. Because of the volume of expenditures that the government is spending we did not feel like appropriate resources were dedicated to that in order to properly monitor those 14 compliance requirements for the volume of money that was put there. But there were a lot of little things that fell through the cracks. And it’s not that the one person should be in charge of overseeing all the compliance with those but one person should be looking out for that. And given the volume of the federal funds that are going through this entity then we believe that Grant’s Management over site should, it was insufficient at that point. Aging Cluster. This and I’ll put the dollars on here because of the way the federal government requires the reporting. There was $358,000.00 spent on the federal program for aging cluster and we had two items noted for that one which is just related to the records maintained to track those expenditures for the Wellness and Recreation Grant as well as the number of meals served there. We could see that meals were being served but there was no documentation for who was receiving those meals. And because of the eligibility requirements related to this federal money than one of those 14 requirements, one of those 14 compliance requirements is that these items be referenced to support those items. Another program Highway Planning Construction Cluster the total expenditures this year were a million dollars, about a million seventy-seven and one of the requirements related to that construction is what is referred to as the Davis Bacon Act and that is specific to federal funds 28 there. We tested two of the contracts there, they’re related to that. And one of those contracts did not have proper monitoring of compliance with that Davis Bacon Act and that’s unique to the federal contracts there. Airport Improvement Program there’s money that’s been spent at both Bush Field Airport and at Daniel Field Airport. We had no problems spent over at Bush Field but there was some lack of familiarity of those compliance requirements related to Daniel Field. And the grant money that were, was spent there, the required reports that are required for the compliance requirements were not followed accurately and timely on those funds. The Federal Transit Cluster there was money used for the federal government to purchase some capital assets. And there was some inconsistencies with compliance with the current policies there on one of the transactions. This actually was the transaction spanned over two years and actually resulted in findings in those years. But at that standpoint they gotten that squared away. Federal Transit Cluster in Energy Efficiency and Conservation Block Grant Program. The total expenditures for that $864,000. And one of the reporting that was done there included some encumbrances that it was not by definition required to be included. These compliance requirements are very particular and very specific to the different programs and that is why it’s important that one person is looking into these very specific and unique compliance requirements for each individual program. That’s what’s insures knowing what obligations are required to be reported on one particular grant that may be not be consistent with another grant there. Also there was, there’s a specific provision in the RF funds that there’s a Buy American provision in the current proposals and we did not see evidence of that being included in one of the expenditures there. That is the, that’s the last of the audit results there. Professional standards require that I tell you about if there are new accounting standards in the financial statements and there aren’t any significant new disclosures. Next year coming up there’s a big change in the way that some balances are reported and other fund definitions so you’ll see a big chuck of information here for your 2011 audit. And then this year there’s no significant new audit standards that were in effect that would have impacted the reporting here. The last items I have here on this spreadsheet is due to some questions that have come up that I found it to be information and I just thought I would point out because this document is so very large and difficult to hit highlights on. What you have here is an excerpt from Page 32 of this financial statement. It is what’s called the Statement of Revenues, Expenditures and Changes in Fund Balance Budget Natural. And this is for the general fund. This fund includes a few different specific funds that are in your general fund. But this is house reported in the financial statements. This presentation here showing the original budget and final budget is by definition the way accounting centers require it. I just wanted to point out a couple of things. If you look here in the third column over those are the actual numbers for 2010 for the revenues for the general fund as defined by general accepted accounting principles. You can see the total actual revenue that came in for the year was $120 million. And the final budget as amended throughout the year was $123 million. So there was a revenue shortfall of $3.2 million dollars for the year ended 2010 compared to what the estimates in the budget were. Now the two big pieces of that if you look there one here this use of money and property. That’s your interest income and interest income is when you set the budget based on estimates. And so the interest as we all know interest rates have been very low for a while and so that did come under budget there and significantly under par here as well. The Intergovernmental Revenue Line there that’s $2.3 million there under budget was largely, that’s grant money. And so grant money is recognized as revenue when it is spent. And so sometimes it’s very non-common at all for timing of different projects to happen not in the year you budgeted because its project based instead of necessarily timing based. And so in general there 29 would be also a corresponding decrease in expenses that would really not have a net effect on the bottom line there. This next slide is just the second half of that schedule which is on the expenditures and on the other finances and uses which are transfers between other funds there. And you can see there if you look at those same columns that we were just looking at the actual amounts there for the expenditures the actual amount for the year ending 2010 is $124.6 million where the actual budgeted expenses were $125.9 million. And so as you can see every function there had positive (unintelligible) errant which means the expenses came in under budget by $5.27 million dollars there from across the board there. Down here in the bottom part of this schedule here you’ll see these are the transfers. These are the monies to and from other funds. The budgeted transfers out of the general fund was right there at $4.2 million dollars right there the transfers out to other funds. And actual transfers out were only $2.5 million. And so there was a pick up there of about a million six that was unplanned that largely was related to a lower than, a much lower than an anticipated transfer that had to go over to the Transit Department because it’s some federal money that went in over there. So that is a pickup there. So between the revenues being under budget by $3.2 million the expenses being under budget by $5.2 million and then the transfers being under budget by $2.3 million that’s where you ended up right here. This is what the final budgeted deficit last year for 2010 $2.7 million dollars right there. That was the final bottom line budgeted deficit and actually came in at a positive $1.6 million surplus in the general fund. So that’s just from my perspective looking at the year at a snapshot. Mr. Mayor: Okay, do we have any questions? Commissioner Bowles. Mr. Bowles: I just want to make a motion to receive as information. Mr. Johnson: Second. Mr. Mayor: Okay, we have a motion and a second. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Ms. Cox, I’m not an auditor by a long shot but I noticed in some of the remarks you said that you identified certain deficiencies in internal control over financial reporting that might be significant or material weaknesses. And therefore there can be no assurance that all deficiencies significant or material weakness can be identified. What do you mean by that? Ms. Cox: Sir, that’s language out of the professional audit standard. And Professional Audit Standards define significant deficiencies in internal control and material weaknesses as just the way that a control is designed or the way that a control is functioning is to prevent or detect a material misstatement in the financial statement. Meaning the records from the internally prepared records what are the controls that are in place to make sure that there are not errors that are either being prevented or detected in those errors. Those findings that I told you about are the ones that were significant that did result in errors in the financial statement from that standpoint. I’m not sure if I’ve answered your question. Mr. Lockett: No, you did but you also indicated that significant adjustments were made by this government during the audit process. I know teachers have gotten in trouble for coaching 30 students on a test but I know what you did is legal but I’m just trying to find out why would it be necessary for so many adjustments to have to have been made during the auditing process by us? Ms. Cox: I’ll be honest, I don’t think that was really what I was saying. There was adjustments made to the end of the year financial statement. Those adjustments were similar to adjustments that have been made every year to the financial statement. You guys are well aware that you don’t receive a report like this on a monthly basis. Many professional, you know, regular for profit companies they do. They have to make those decisions and so they have internal staff that can actually put these together every month or every quarter or from that standpoint. And so because the adjustment is on the yearend and aren’t done throughout the year that doesn’t necessarily indicate something that is by definition a significant deficiency and a material weakness. But it does not mean that it is something that indicates the transactions were reported there and the yearend adjustments were needed. Mr. Lockett: Okay. And my last question is and I’ll be truthful. You indicated that well, number one, is I’d like to get a copy of the letter that’s prepared to management. Ms. Cox: The management letter --- Mr. Lockett: Yes, ma’am, if I could get a copy of that. Ms. Cox: Okay. Mr. Lockett: And I notice and I believe two consecutive years is on the audit we’ve been faulted for approving pay raises but don’t have the proper documentation. And I’m pretty sure you found it last year and I know you did find it again this time. Ms. Cox: Well, that’s not true. We didn’t have any problem with pay rate changes this year. We have had that problem in the past. But this year we didn’t have any problems with the pay rate changes. Mr. Lockett: Well, what you said here is approval for pay raises were not properly documented. Ms. Cox: What are you reading from? Mr. Lockett: I’m reading from what I extracted from your document. Ms. Cox: Okay, but is it a current year finding or a prior finding because they’re both sets of finding in this. Mr. Lockett: The 2010 audit, the one you just completed. Ms. Cox: Yes, we did just complete the 2010 audit and if you look on these pages here starting on page C-25 is a listing of all the prior year audit findings and it lists the current statuses of those audit findings. And that to me, I don’t know exactly what you’re looking at but 31 that sounds like an item that was reported in the prior year but was not an item in the current year. The 2010 audit includes findings from 2010 and an update on what we found in ’09 and the current status of those. Mr. Lockett: All right. Thank you. Mr. Mayor: Commissioner Mason. Mr. Mason: Thank you, Mr. Chairman, and thank you, Bonnie, for the briefing here. May I ask you something? You did a sample of information from our Finance Department and others as it relates to this audit, just a sample of information. It was in no way comprehensive or exact in nature. Ms. Cox: We do use sampling in testing transactions. We do not test 100% transactions --- Mr. Mason: Okay so – Ms. Cox: --- in an audit. Mr. Mason: --- part of your results that you gave us is just based on a small sample of information that you tested to see if it --- Ms. Cox: Correct. Mr. Mason: --- met the test, very small. And so obviously there were even some errors in the small sampling that you did. You are in no way validating that the information that was given to you from this government is absolute and factual are you? Ms. Cox: I’m not sure I --- Mr. Mason: Are you validating that the information that was given to you to do the sampling of these tasks is absolute and absolutely correct and factual. Are you validating that with this audit? Ms. Cox: What we are saying with the audit is that I told you about the adjustments that we did make to the information that management gave us. And I will tell you that our audit is based on sampling and it is not 100% of anything. Mr. Mason: Right and it’s based on information that’s given to you though. Ms. Cox: That’s correct. Mr. Mason: And so if the information is given to you is correct hypothetically if it’s incorrect than what you would report on would be incorrect. 32 Ms. Cox: I have designed my procedures to detect material misstatement in the financial statement. I do it in accordance with AFCPA Professional Standards and with the government standards. I stand behind that. I told you about the adjustments that post to what management gave us. Mr. Mason: Yes. You answered my question. Thank you. Mr. Mayor: Okay. Thank you. We have a motion that’s been properly seconded. If there is no further discussion Commissioners will now vote by the usual sign of voting. Motion carries 9-0. Mr. Mayor: Thank you Bonnie. Appreciate it. Madam Clerk, next agenda item. The Clerk: FINANCE 28. Discuss the purported $9M deficit in association with the $1.3M surplus. (Requested by Commissioners Alvin Mason and Bill Lockett) Mr. Mayor: Commissioner Mason Commissioner Lockett. Mr. Mason: Go ahead, Commissioner Lockett, you can start us off. Mr. Mayor: Commissioner Lockett. Mr. Lockett: I want to defer to the Administrator. I want him to explain it to me. Mr. Mayor: Mr. Russell. st Mr. Russell: Okay last year which ended December 31, after all the money was collected and all the money was spent you just heard the auditor tell you we had a net gain of $1.6M. Most of that was because of savings. We saved about a penny or so based on every dollar we spent. And some of that was because of one time injections of dollars that were available some of which came out of transit where we were able to recoup some federal dollars there that went into this particular budget. So at the end of last year and it takes two months to clear the books and they’ve been working on the audit since March or so we ended up with a surplus that we could add to the rainy day fund of about $1.6M dollars in the general fund. You know that’s based on several things. One of which is us tightening our belt the other which was good luck in all honesty and the income from the federal money from Transit. As we prepared this years’ budget which we looked at in October/November of last year and voted today to establish a millage rate because of increased projected costs the cost of gas the cost of medical care the cost of bread in the prisons and jails. The cost of electricity and other items that were there in our unwillingness to pass that along to the taxpayer by increasing his taxes at that particular point in time we looked at approximately $9 million dollars and we used the word deficit between what we expected in our revenues and our expenditures. To fix that we used 33 some one time fixes that in my mind were appropriate to do. A portion of dollars out of the rainy day fund like we budgeted for the past several years. No difference there. We decided not to make capital improvements which in turn might be pennywise and tom foolish but given the short term nature of what we were looking we thought that would be appropriate to fill that particular gap. We looked at money from the reorg that we hoped would be able to fill that gap. In addition to that we looked at dollars from the sale of property that we hoped would generate about $2 million dollars. All those one time fixes got us to the point where in November of last year assuming those one time fixes come true and nothing outside the norm happens i.e. the price of gas doesn’t go up to $5.00 a gallon which might yet happen, that the power company doesn’t raise our bill by 20% which might happen. Based on the best information we had at that time we made a judgment call and determined that without raising taxes which I support, using these onetime fixes we have a balanced budget. Now this year ends at the end of December we have two months to clear off our plate as we, and that’s traditional to pay out the bills we will engage an auditor to look at these dollars again and sometime around August or September we’ll be able to tell you if we guessed good, if we planned good, if we hypothesized good or if we just got lucky either bad or good and be able to give you an end result of those particular numbers at this particular point in time. As you know our budget process is somewhat cumbersome because we’re dealing with a large amount of money. The savings that we got was about 2% of our entire budget for that. That 2% could have gone away very quickly with a drop in sales tax, increase or decrease in franchise fees you know it’s somewhat of a calculated guess and sometimes a gamble. I’m not uncomfortable with our spending to date. I think we once again have done good and you notice in last year’s report we can control spending. We did a good job with that. There are things that we can’t control and those are the things that keep me up at night and should you. And that’s what it’s about and so last year we did good. Just like you told me to do. We saved money, we were tight we spread the pain throughout our government as opposed to putting in on the backs of our taxpayers and that’s the direction you gave me. You gave me the same direction with this budget and that’s what we attempted to do. Only September of next year we’ll be able to tell how good we did. But as of right now we seem to be on target for what we expected. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Mr. Russell, will you tell me and you can be brief if you like when did you determine that you expected us to have a guess $9.2 million deficit and what prompted you to think that. If you can’t be brief I’ll be satisfied. Mr. Russell: Well, you know, it’s hard to be brief when you’re talking about the issues that are as complex as what they are. This gap that we decided to fill we started talking about last September. And we started talking about it in October and November as we looked at things that we thought were going to go up. The cost of gas the cost of bread the additional cost of manning the new detention center. The additional cost of providing electricity and heat to the new judicial center. Those as the kinds of things we had to take into consideration and those are the kinds of things we thought about and we talked about at some length ad nauseum almost to determine where we were going and what we were going to get done. There’s no secret in any of this. It’s in the budget documents that we presented over again and that we began talking about in September and October. 34 Mr. Lockett: Thank you. Mr. Russell: Is that brief enough? Mr. Mayor: Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. Mr. Russell, how much money did we get off property sales or did we even sell any property? Mr. Russell: We haven’t sold any to date so that’s an issue we’ve got outstanding. We’ve got about $2 million dollars. We need to look at it. Mr. Mason: Thank you. And how much actually have we saved with the reorganization? Mr. Russell: It looks like we’re going to be able to discuss that at a later point. I don’t have that number right in front of me, sir. Mr. Mason: I’ve been asking for it for a long time. Mr. Russell: Sorry. Mr. Mason: You made back in November a five points statement in terms of what it would take to get us out of this $9 million deficit. Do you recall that? Mr. Russell: Yes, sir, I do. Mr. Mason: Okay. Part of that was the sale of property which as you said hasn’t happened. Part of it was the reorganization which you’re saying you don’t have the numbers. And we really don’t need to go through these other three because probably not going to get the answers there. So um --- Mr. Russell: Mr. Mayor. Mr. Mason: --- I really don’t have anything else to say, Mr. Mayor. Mr. Russell: Mr. Mayor, the answers are in the book if you look at the numbers you’ve got available to you. The capital numbers are there, the other numbers are there the savings that we’ve got. It’s not my fault that people have a hard time understanding these complex issues. I understand that it’s complex and that’s just one of the ways it goes at this particular point in time. You know at the end of the day we had no idea we’d have a surplus last year. Mr. Lockett: Mr. Mayor, point of privilege. Mr. Mayor: Commissioner Lockett. 35 Mr. Lockett: Ask Commissioners we’ve been rebuked many times for saying things that wasn’t pleasant and I think the Administrator owes this body an apology. Mr. Mayor: I will say I have not heard a lot of people you know in the course of discussing different employees and everything, there have been a lot of statements made and I’ve not heard anybody call for an issue and an apology. So I --- Mr. Lockett: Don’t worry about it. Mr. Mayor: --- would ask for a motion to receive this as information. Mr. Jackson: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Motion carries 9-0. Mr. Mayor: Madam Clerk, next agenda item, please. The Clerk: FINANCE 31. Motion to approve a policy to require ARC employees to use direct deposit to receive payroll payments and to approve a time schedule for implementation. Mr. Brigham: So moved. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. Is there, Commissioner Lockett. Mr. Lockett: Mr. Mayor, I was present when I think Wells Fargo came in and made their presentation. I was one of the proponents of having everybody to having their money going to a bank and so forth but what Wells Fargo came up with is each person would be given a debit card. And all the banks now are beginning to charge exorbitant fees for the use of debit cards. So what you’re going to find is you’re going to find many of these people who don’t have transportation, we know they get to the bank they’re going to draw out larger amounts than what they really need to keep from going back and incurring additional charges. You can’t use a debit card in church. I think that something should be done but this system that Wells Fargo has I don’t know if that’s what you’re going to try and talk to us about today is not a very good system if we’re going to be concerned about the workers. I think the best thing to do is to let all the employees that are paid by paper check let them know that come 1 January of 2013 that’d be the end of the paper check. Give them an opportunity to find a financial institution to do this. But I think if we 36 approve this today what we’re doing is just creating an undue burden for a group of people that’s underpaid. Thank you, Mr. Chairman. Mr. Mayor: Okay. Ms. Williams? Ms. Williams: Yes, sir, Commissioner Lockett. When Bank of America was to make their presentation that presentation was only an option for the employees that could not obtain their won bank account. Each employee will be just like they are now. They will be allowed to choose their own bank account. We encourage them to do that. The last thing in the world I want to have to happen is to transfer that money on to debit cards for employees. But we’re trying to do with this is set a time table and ask that all new employees be notified through orientation that they would expected to sign up for direct deposit. They give us their banking information, where their checking account is. We send their paychecks directly to their bank. If there are employees that cannot for some reason obtain their own bank account this will be the option that will be available for them so that we can get them paid on time. Does that answer your question? Mr. Lockett: Well, not really. I understand --- Mr. Mayor: Commissioner Lockett. Mr. Lockett: --- exactly what you’re saying and I’m in complete agreement with that. But I would hope that, first of all have the employees been notified that this is something that this body is considering? Ms. Williams: No, sir, I’m waiting for your approval before I can know what mechanism --- Mr. Lockett: Yeah. Ms. Williams: --- to notify them. Currently we have 86% of our employees already on direct deposit. We would like --- Mr. Lockett: Well --- Ms. Williams: I’m sorry. Mr. Lockett: That’s all right. I apologize to you. It would be great if we knew how many people were in the county compared to those people who could not get checking accounts. That number might be insignificant in fact maybe all of our employees could get a checking account as far as we know at this point. Ms. Williams: We would hope so too. Mr. Lockett: Thank you, thank you very much. 37 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. Motion passes 9-0. The Clerk: FINANCE 33. Consider a request for refund for property located at 2538 Commons Trace, Map/Parcel #013-1-149-00-0 for tax years 2008 and 2009 in the amount of $285.95 for each year, respectively. Property owner, Roland Witherspoon. Mr. Brigham: Mr. Mayor, I thought we put this on the consent agenda. Mr. Mayor: I believe that had been put on consent agenda. The Clerk: He wanted ten years. Mr. Brigham: We can’t do ten years. Mr. Mayor: Sir, it’s actually already been approved so it’s already gone through. Sir? Mr. Witherspoon: --- ten years it’s because if I can be real brief. Maybe we all can agree on one thing. Mr. Mayor: Sir, I really, because the agenda item’s been disposed of I apologize but that’s the procedure’s we operate by. Thank you, sir. Madam Clerk, next agenda item. The Clerk: FINANCE 34. Approve across-the-board increases for all employees who did not receive raises under the Administrator’s approved reorganization plan. (Requested by Commissioners Alvin Mason and Bill Lockett) Mr. Mayor: Commissioner Mason or Commissioner Lockett. Mr. Mason: Thank you, Mr. Mayor. Mr. Mayor, I put this on simply to address what is being or what will be done to address the other employees who have not received the cost of living raise I think for two to three years. Also the way that the other raises were done. I do want to make sure even if this was done that it would be done appropriately. When I brought Mr. Powell up about three months ago and I asked him what was the most fairest of handling raises for employees especially those that maybe hadn’t received raises or were actually underpaid he said it would be to do them all at once. That would be the most fairest way. So I guess my question today is there a plan in place to address the others employees who by enlarge have called probably every commissioner out here and stated that they’ve done extra work for 38 any number of months and that sort of thing. Is there a plan in place to address any issues with our employees which is our greatest asset. Mr. Mayor: Mr. Russell? Mr. Russell: Yeah, I think as part of the budget process one of those tough decisions that I keep telling you about are ones that we’re going to have to decide. If you want to do an across- the-board cost of living raises we have talked about that on several occasions in the past. And I firmly agree that it’s time to revisit that. The issue with that is the funding source that you have available to you. And that funding source is limited based on our desire not to increase taxes or our desire not to continue to cut deeper into what we’ve got. So that’s one of the tough decisions you’ve got. And I think part of the budget process is there you know a percentage increase across the board has not happened in a long time. And it’s tough on our employees not to get raises but those raises are based on what would be a cost of living increase as opposed to increase for additional duties. Even though each of our employees probably thinks that and tighten their belt and help in addition to that. So you know I think we could argue that for a while but I think what the bigger question is if you want to give an across the board raise what would be the funding source for that? As I’ve said on numerous occasions the equations the same revenue equals expenditures. So we would have to, if we increase our expenditures to do that we’re going to have to think of some way to increase our revenue. And hopefully that would be a conversation we would have to take it out of the fund balance in my mind is not prudent at this particular point in time because you’re taking out what would be a reoccurring cost out of a limited amount of dollars that are there. It’s not designed for reoccurring costs it’s designed for one time either emergencies or onetime cost. So the discussion you might want to have is if the law in Georgia would allow onetime influx of dollars you might take it out of that. But even that in my mind would be something we’ve got to deal with. So I don’t envy you those decisions as we move forward. Mr. Mayor: Mr. Guilfoyle. Mr. Guilfoyle: Mr. Russell, how about a 5-10% incentive plan? I have brought this up on the floor before. Mr. Russell: And I don’t disagree with the concept but the administration of that becomes somewhat difficult. You know obviously we can’t agree on whether or not people are properly compensated for additional duties. To begin in a government sector to talk about how you actually measure performance and move forward with that becomes even more complex. And that’s sort of tough to do. I mean if we were making chairs and I made five and you made ten it would make sense to me that you get more than that. If we’re all making arrests or fighting fires or doing whatever most of which we assume they’re doing at the best of their ability because I’m not too sure you measure the incentive there. And I think I would be more while it’s the easy way out if you want to give them more money I would be more inclined to do an across the board cost of living thing simply because to measure the incentive you know you’ve got to figure out what they’re supposed to do, how much they do better than that and that becomes even more complex than the reorg in my mind. 39 Mr. Guilfoyle: Right but we got a 2010 actual out of our budget. Why can’t we use that number each department is broken down and use that as a guide tool? If a department, and this is actually goes down to the core of the any department which is the employees. If they save anything over 5% it should be disbursed amongst that department and you could see the cost savings from the 2010 actuals. And the same thing will coincide with the 10%. They could actually make their own percentages or parse bonus’ even though the government don’t use that word. But we got to start somewhere. Mr. Russell: But and I don’t disagree but what you’re beginning to do is those small departments like the ones we talked about today --- Mr. Guilfoyle: Yes, sir. Mr. Russell: --- in the budget hearings that only have budgets that consist of 95% salaries and 3% of the balance in small funding issues there, you’re beginning to hamper them right off the bat in the fact that they can’t save 5%. You heard me ask each of them for about 4.8% and you witnesses the eye rolls and whatever of My God how do I do that? So if you do it that way you’re hampering the smaller departments. You’re also, the larger departments you might be able to do that, is it fair for the larger departments to be able to do that and give their people money where people like Lena who only has three people, a small budget and probably 80/95% of your budget’s salaries as opposed to anything else. You would basically rule them out of that in that particular process. So you know in theory those things work well in practice I’ve never seen them in the public sector work in the manner that while I know you want to do something good I’ve never seen them turn out to be something good that they end up with more people complaining then being helped. I mean we give somebody 5% somebody 2% across the board over 2700 employees, wow. Mr. Mayor: Okay, and a lot of this and, Commissioner Lockett, I’m going to recognize you. But it sounds a lot of these issues that we’re discussing on this agenda item go to the budget and the budgeting process. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Mr. Russell, for clarification and before I become emotional the 44 people that received pay increases. Was that a part of the budgetary process? Mr. Russell: That was part of the authorized reorganization process that was also authorized in last year’s budget, yes, sir. Mr. Lockett: It was included in last year’s budget. Mr. Russell: The directions I got were there to do that, yes, sir. Mr. Lockett: And what was that amount, Mr. Russell? Was it 350 even or was it more or less? 40 Mr. Russell: We anticipated a savings of, I think, in the budget at 1.5 so that’s the dollar amount we attempted to save by reorganization assigning additional duties to people that would be compensated for those duties and eliminating positions as we were able to move forward. Mr. Lockett: So how much did that give you to for the pay increases? Mr. Russell: The net gain on the pay increases were there. The savings is what’s yet to be determined. Mr. Mayor: Okay, can I get a motion to receive this as information? Mr. Jackson: So moved. Mr. Smith: Second. Mr. Mayor: Commissioner Johnson. The Clerk: You made the motion? And Mr. Smith seconded? Okay. Mr. Johnson: Thank you, Mr. Mayor. Fred, I do want to ask you this before we move on. In moving forward doing a cost of living increase how feasible is that for us going into the future versus certain percentages? Mr. Russell: I think it all becomes a matter of political will at this particular point in time. Do you want to ask us to do one of two things? You either have to increase taxes to get the initial revenue or we have to cut other things sufficient enough to make up the difference. It’s a long term commitment. It’s just not a onetime shot. So that becomes a political policy discussion that you’ve got to have. You know I think our employees deserve more money, I’ve said that year after year after year. Unfortunately with the unwillingness to burden the balance of our community the 200,000 people who live here versus the 2700 that work here we’ve made policy decisions that do not included raises for those people. And that’s a policy decision. Mr. Johnson: Right. Could we get a number? Is it possible to probably get a number what it would cost us to do that just for FYI? Mr. Russell: Sure or I can give you 2, 3 or 5% over the year with no problem. Well, I can do better than that. I can do it right now. The 5% COLA across the board for the entire government is $5.137, $5,137,499.00 dollars which is about a mill. Mr. Johnson: And that’s 5%? Mr. Russell: That’s 5% across the board for cost of living. 3% total would be $3,082,500.00 and 2% would be $2,055,000.00. Mr. Mayor: Okay, we have a motion that’s been properly seconded. If there’s no further discussion Commissioner’s will now vote by the usual sign of voting. 41 The Clerk: That’s to receive this as information, correct? Okay. Motion carries 9-0. The Clerk: ADMINISTRATOR 35. Discuss/approve the solicitation of a RFP from professional human resources firms for an independent audit and assessment/efficiency study of Augusta Richmond County Government in accordance with the Commission’s action on August 2, 2011. Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, if I can this is what we brought back to you in relationship to your request and I wanted to make sure we had this that we were asking for what you asked us to do. Because of the complex nature of it I’d like to go ahead and refer it back to Committee if that’s okay, to the Administrative Services Committee to give us an opportunity to look at that and talk about that. I do not want to put out and RFQ unless we’re totally sure that we’re doing what you want. And Mr. Lockett, if you could take that into your committee I’d greatly appreciate that. Mr. Mayor: Can we get a motion to refer this to the next Administrative Services Committee? Mr. Smith: Motion made. The Clerk: We need a second. Mr. Mayor: Do we have a second? Mr. Jackson: Second. The Clerk: Mr. Jackson. Mr. Mayor: We have a motion and a second. If there is no further discussion Commissioners will now vote by the usual sign. Motion carries 9-0. The Clerk: ADMINISTRATOR 36. Recommendation from the Administrator regarding the November and December 2011 furlough days. 42 Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, if I may. Based on the information you just heard from the auditor and the $1.6M dollar surplus that we were able to ink out over the last year I think it would be appropriate to revisit the fact that in part of this budget we said we were going to accumulate ‘x’ number of dollars or a million dollars for furlough days. The difference in my presentation here is this would be a onetime expense to go ahead and take care of this and refund or, not refund that’s not the right word. But to go ahead and reestablish those days as pay days. I don’t like that word either. What we need to do, what I would like for us to do as this particular point in time is adjust the decrease in the pay by 2/5ths to give them back 2/5ths of the initial adjustment that we did which would allow us, we took out 1.88%, we reduce that over the next pay periods by 2/5ths that would show up in their salaries. So because they’ve actually gone the extra mile to tighten their belt and done those things that were necessary to help us do this I think it is appropriate that we do that. That would allow us to do that. In addition to that as part of that because we’ve already given some of our employees those days off particularly the fire service and the police department to keep that from being any more confusing than what it is at this particular point in time. And in addition to that because those days are tied into long weekends and holidays and we normally leave early those days anyway as recommended I’d like to go ahead and establish those days as pay days off I believe would be the verbiage that I would use. So we would still let them have, let the current employees that have not had that let them have those days off and deal with that. The savings by keeping the building shut the extra day and not paying gas, electric and whatever would be significant in this particular point in time. So it would be my recommendation that you do that. Mr. Mayor: We have a motion that has been properly seconded on that. Commissioner Lockett and then Commissioner Guilfoyle. Mr. Lockett: Mr. Chairman, I’d like to make a substitute motion. I hope that it’s something that’s going to be accepted by this body. My motion would be to reimburse all of the employees for the three furlough days that they’ve already taken and pay said employees for the nd two furlough days scheduled for November 23 and December 22 of 2011. And I just spoke with the Finance Director and she indicated that it would cost about $1M dollars and I think our surplus was about a million dollars. If you want to boost their morale I think that would be a good way to spend that surplus. Mr. Mason: I second that motion, Mr. Mayor. Mr. Mayor: The substitute motion. Mr. Mayor: Substitute motion. Mr. Mayor: Mr. Russell? Mr. Russell: Wait a minute. I’m not opposed to doing that I’m trying to figure out how at the moment. 43 The Clerk: Here comes Donna. Mr. Russell: Let them figure it out right? Mr. Mayor: We need lawyers, accountants. Mr. Russell: If I can, Mr. Mayor --- Mr. Mayor: Mr. Russell. Mr. Russell: --- well, once again I’m not opposed to that idea at all. I think it’s a good idea. There are some programming issues that require manual input for each of the employees. If we could do that prior to the end of the year I believe we could do that with a salary adjustment. I can’t make it happen overnight but because of the complexity of what it is it’s going to take us a while to get that done. And I really, I think it’s a good idea and would support that. Mr. Lockett: Do I need to change my motion, Mr. Administrator? Is it clear enough as it is? Mr. Russell: I think what you told me was to reimburse them for the 1.88% based on that and still allow them the two days off that they’ve taken, the next two days off is what I thought I heard you say? Mr. Lockett: Yes, that’s correct. Mr. Russell: We do that. The only thing is that we would have to do that prior to the end of the year as opposed to within the next pay period. Mr. Lockett: I’ll make that a part of my motion. Mr. Russell: Thank you. Mr. Mayor: Okay, we have a substitute motion that’s been properly seconded. Commissioner Guilfoyle, did you? Mr. Guilfoyle: Yeah, as a matter of fact, it caught me very much off guard. Mr. Russell, we have been working nonstop trying to figure efficiency for this government. Try to get out of this so called deficit we are in and everything that we have done in the past I guess we’re going to have to work harder on streamlining? Mr. Russell: There’s no doubt in my mind about that sir but what you’ve got now is opposed to an across the board increase that would be an ongoing expense you’ve got a onetime fix based on our surplus from last year. I can probably argue both ways on whether or not that would be physically prudent or not. But I think in my mind at this particular point in time you’ve asked these people to tighten the belt. You’ve done that. My first recommendation was 44 the two days but if it’s the will of the body to do the balance of the three that’s a onetime expense that’s already covered from the surplus from last year as opposed to an ongoing expense. What that does mean though is that we look at this particular well not really because we’ve already got that budgeted in. So that would come out of the bank as opposed to coming out of the ongoing budget issues. So instead of adding $1.6M to our fund balance we’d only .6 million to the fund balance and you would reestablish those salaries. Is that anywhere close to what you were asking? Mr. Guilfoyle: Yeah, can we, I don’t want to do a knee jerk vote like this. Can we send it to Committee? Is that possible to do a substitute on a substitute? Mr. Mayor: No. Mr. Guilfoyle: Okay. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, I believe what we’re doing is a budget adjustment and what we’re doing is increasing our deficit from, wasn’t it 8.3, I believe it was Ms. Williams? Ms. Williams: I’m sorry. Mr. Brigham: The budget deficit was 8.3 that got rounded up to 9? And if we do this it will be another million dollars and therefore we would be going from, using the round up from eight to nine or we’ll be going from nine to ten? Ms. Williams: You would have to specify the source of funding as fund balance for this action that you’re talking about here. Mr. Brigham: But --- Ms. Williams: Yes, sir, the difference between revenues and expenditures in the budget and the use of onetime expenditure reductions of which the furlough was a portion and revenue enhancement was a total $8.3 million dollars in the 2011 budget. Mr. Brigham: It was 2. --- Ms. Williams: 8.3. Mr. Brigham: 8.3. Ms. Williams: Yes, sir. Mr. Brigham: Then this would drive it up to 9.3 will it not? Mr. Russell: No. 45 Mr. Brigham: Yes, it will. Ms. Williams: Technically it will because you’ll add to this year’s fund balance. Mr. Brigham: Last year’s budget does not have anything to do with this year’s budget. Ms. Williams: No, sir, it doesn’t. You would specify if you took this action you would specify the use of prior year fund balance. Mr. Brigham: Right. Ms. Williams: Now that was in general fund. Not all the funds had a surplus last year. Mr. Brigham: Right. Ms. Williams: And that is going to be --- Mr. Brigham: I understand that so what we’re going to do --- Ms. Williams: You need to look at that --- Mr. Brigham: --- we’re going to drive even more funds some of the funds we could drive even further into a deficit that we’re not going to be up. Ms. Williams: That’s correct. Mr. Russell: Those are minor compared to the general fund. Ms. Williams: The general fund is the major concern. Mr. Brigham: I do not believe it’s in the best interest of this government to bring a million dollars in one fell swoop at this time. Mr. Russell: Let me suggest if I may, Mr. Mayor --- Mr. Mayor: Mr. Russell. th Mr. Russell: --- that we go ahead and look at the 2/5 of the 1.88 which I think we have some consensus on and look at and then be able to bring back to you a plan for the balance and let you take a look at that and see if that works. Mr. Mayor: Okay, in order to do that we would have to first defeat the substitute motion and pass the primary motion. 46 Mr. Russell: With the addition to the fact that you want us to bring back information regarding the potential for doing the five days instead of two. Mr. Mayor: Okay, we have a substitute motion on the floor and we’ll first vote on the substitute motion by the substitute sign of voting and then should that motion not pass I would request that the initial motion be amended to include those instructions. So let’s proceed. Commissioners will now vote by the --- Mr. Lockett: Madam Clerk, for clarity will you please read the motion. The Clerk: As I understood the motion to read the substitute motion was to reimburse the employees for the three furlough days already taken and to credit them for the two remaining days the November and the December days. Mr. Russell: Allowing them to keep those days. Mr. Mayor: Okay, Commissioners will now vote by the substitute sign of voting. Mr. Brigham, Mr. Bowles, Mr. Jackson, Mr. Johnson, Mr. Aitken, Mr. Smith and Mr. Guilfoyle vote No. Motion fails 2-7. Mr. Mayor: Okay, the primary motion Madam Clerk. The Clerk: Was the recommendation of the Administrator regarding the November and December furlough days and to look at the other three remaining days with a report back to the Commission. Mr. Mayor: And the primary maker of the motion, will you add that to your motion? I believe it was Commissioner Jackson? Okay. The Clerk: Okay, what else needs to be in that motion? Mr. Mayor: Just to look --- Ms. Williams: Because the way the furlough was implemented it was a percent off of each employee’s paycheck each pay period to spread it out. So if you want effectively cancel the last two furlough days the way that you would do that is you would stop the 1.88% reduction on the employee’s paycheck effective this upcoming paycheck. If you include that, that would clarify the mechanism for it to be done. Mr. Mayor: Commissioner Jackson, would you include that in your motion? Mr. Jackson: I’d be happy to. Mr. Mayor: Okay. Commissioner Guilfoyle. 47 Mr. Guilfoyle: Ms. Donna, as far as the firemen, because their schedule is so different than everybody else’s for one day is actually 24 hours, have we come up with a solution on their part as far as the furloughs? Ms. Williams: What kind of solution? Mr. Guilfoyle: For example. Let’s say if you worked eight hours and you’ve taken it as a furlough the firemen’s having to take one day which is three days because they work a 24-hour shift. Has that issue been addressed? Ms. Williams: I just wanted to check. They were given an 8-hour day for furlough purposes. That is defined in the resolution is that their furlough day equals 8 hours not a 24 hour or 12 hour. Mr. Guilfoyle: We got a fireman, can he give us an explanation because he would know more that we would up here. Mr. Mayor: Okay. Mr. Speaker: Wasn’t every employee as far deductions based on 8 hours which is five days 40 hours. Is that correct of the total base pay? Ms. Williams: 1.88% is how it’s calculated of their base pay. Mr. Speaker: Base pay. Ms. Williams: Yes, sir. Mr. Speaker: Okay, we don’t get deducted from our base pay. For instance, what happens is if I work overtime that’s beyond my base pay correct? Ms. Williams: Correct. Mr. Speaker: They’re taking 1.88% of that also. Ms. Williams: Correct, because the 1.88, yeah --- Mr. Speaker: So every employee if they work overtime deducted 1.88%? Ms. Williams: Yes, sir, because your base pay has been reduced. Mr. Russell: (inaudible) base pay and we reduce that by 1.88%. Mr. Speaker: Base pay is not based on, how do you do that if you don’t know if we’re going to work overtime? 48 Mr. Russell: Overtime’s not in your --- Ms. Williams: Base pay. Mr. Russell: --- base pay. Mr. Speaker: Right. Correct, that’s what I’m saying. Our base pay is 108 hours. All right? Ms. Williams: Base pay is defined --- Mr. Speaker: As? Ms. Williams: --- in the system by dollar amount not an hour amount. Mr. Speaker: So if I make $43,000.00 a year, if I make $50,000.00 this year one deduction from the $7,000 also? Ms. Williams: Yes, sir, your base pay --- Mr. Speaker: Is how much he’s paid. Ms. Williams: Overtime is calculated as one and a half times percent of your base pay. So if your base pay has been reduced by 1.88% consequently any overtime which is a calculation off of that reduced rate is effectively reduced as well. th Mr. Russell: This will effectively reduce your base pay by 2/5 of 1.88% which would also be reflected in your overtime. Mr. Guilfoyle: Ms. Donna, can we look into that before – Ms. Williams: Yes, sir, we have had some correspondence --- Mr. Guilfoyle: --- our next meeting? Ms. Williams: --- with our Legal Department. Mr. Guilfoyle: Thanks for coming up. Mr. Mayor: Okay, a motion that’s been properly seconded. Commissioners will now vote by the usual sign of voting. Motion passes 9-0. Mr. Mayor: Madam Clerk, on to our final agenda item. 49 The Clerk: OTHER BUSINESS 38. Approve the reorganization of committee meetings in the following order Public Safety, Public Services, Finance, Engineering Services, Administrative Services. (Requested by Mayor Pro Tem Joe Bowles) Mr. Jackson: Move to approve. Mr. Bowles: Second. Mr. Mayor: Madam Clerk, you can finish reading it. The Clerk: Public Safety, Public Services, Finance, Engineering Services and Administrative Services. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Mr. Chairman, I’ll be brief. I don’t know if this was put on the agenda for retaliation or what but I’m going to assume that it was not. I would like to make a substitute motion if I could. I will support the agenda item provided all of the Commissioners are present at the Committee meetings the same as we are at Commission meetings. Because if this is approved and the Commissioners attendance, if they’re not here I know what’s going to happen because I’ve seen it happen over the past few months. The meeting is all of a sudden adjourned or somebody walks out. Okay? So I don’t want to see it happen. But I think if all of us were here for all of the committee meetings we could participate in them however we can’t vote. And this is a very good learning process. I always make all of them and I wish my colleagues would do the same. Thank you, Mr. Chairman. Mr. Mayor: Okay, thank you, Commissioner Lockett. If there’s no further discussion we have a motion that’s been properly seconded. Commissioners will now vote by the usual sign of voting. Mr. Mason votes No. Motion carries 8-1. Mr. Mayor: And, Mr. Mason, is the personnel issue a brief? Mr. Mason: (inaudible) Mr. Mayor: Um, actually apparently the issue that was to be discussed in Personnel and Legal has been resolved. So if there is no need for a Legal and there’s, Mr. McKenzie? Mr. McKenzie: We would need to just read 37 and have it approved. That’s the item. 50 The Clerk: ATTORNEY 37. Motion to approve Consulting Services and Separation Agreement concerning Rod Powell. (Requested by Commissioner Wayne Guilfoyle) Mr. Mayor: Can I get a motion to that effect? Mr. Jackson: So moved. Mr. Lockett: Mr. Chairman, has anyone seen this? Mr. Mayor: Mr. McKenzie? Mr. McKenzie: It’s actually, it’s in the agenda. It’s the same one in the agenda. Mr. Mayor: We have a motion. Is there a second? Mr. Smith: Second. Mr. Mayor: We have a motion that’s been properly seconded. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Bowles votes No. Motion carries 8-1. Mr. Mayor: And if there’s no further business to come before the body, gentlemen, thank you for the meeting, thank you for your commitment to Augusta. We’re adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on September 6, 2011. ______________________________ Clerk of Commission 51 52