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HomeMy WebLinkAboutRegular Commission Meeting November 1, 2011 REGULAR MEETING COMMISSION CHAMBER NOVEMBER 1, 2011 Augusta Richmond County Commission convened at 5:00 p.m., November 1, 2011, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, Smith, Hatney, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hon. Aitken, member of Augusta Richmond County Commission. Mr. Mayor: My friend, Reverend Hatney, I’ll let you take your space. I’ll go ahead and call the meeting to order and like to call on Reverend Angel Maestre, Pastor Centro Cristiano Oasis de Bendicion for our invocation. Please stand. The invocation was given by the Reverend Angel Maestre, Pastor, Centro Cristiano Oasis de Bendicion. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Reverend, if you could you could please come forward. I have something for you. Thank you for that wonderful invocation. Office of the Mayor. By these present be it known that Reverend Angel Maestre, Pastor Centro Cristiano Oasis de Bendicion is Chaplain of the Day for his civic and spiritual guidance demonstrated throughout the communities. Serves as an example for all of the faith community. st Given under my hand this 1 Day of November 2011. (APPLAUSE) Mr. Mayor: Madam Clerk, on to the delegations. DELEGATIONS A. T.W. Josey High School French Club. RE: Seeking Commission support for planned trip to France. The Clerk: Yes, sir, Mr. Mayor, members of the Commission. The delegation has asked that their item be rescheduled to a future meeting. So we will ask that this item be deleted at this time. Mr. Mayor: Okay, Madam Clerk, on to the consent agenda. The Clerk: Our consent agenda consists of items 1-28, items 1-28. Mr. Mayor: Okay, do we have any agenda items that are to be added? 1 The Clerk: Yes, sir, we have a request to add one item. Well we’ve got a request to add two items. Mr. Mayor: Okay. The Clerk: First item is a New Ownership Application: A request by Michael Everhart for a retail package Beer license to be used in connection with J & M Enterprises of Augusta, LLC DBA as J & M located at 1499 Gordon Highway. The second item to be added is a resolution in support of naming the interchange of the State Road 10 with Interstate 520 State Road 415 the J.D. Paugh Memorial Interchange in honor of Deputy James D. Paugh. Mr. Mayor: Do we have unanimous request to add both of those agenda items? Commissioner Lockett. Mr. Lockett: Mr. Mayor, I just have a question on this alcohol request. Why are we just now getting this? Is there any particular reason? Mr. Mayor: Mr. Sherman or, yes, sir. Mr. Speaker: I was called and asked to request that this be put on. The gentleman is having some difficulty with the store. He’s a new store owner, he’s having some financial problems and he needed to get his store up and running and going before the end of the year because he’ll have to pay another license fee probably in about another 30 days. And he was trying to compete so he asked and asked us to ask for this request. Mr. Mayor: Okay. Mr. Johnson: Mr. Mayor? Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. Also in lieu of that they need and approval from the Sheriff’s Department. But in lieu of the incident last week they couldn’t, you know also was tied up so they couldn’t get the approval. So that’s why he just bringing it forward. Mr. Mayor: Okay, so do we have unanimous consent to add both of these? Okay, would anybody like to place either of the two of these on the consent agenda? Mr. Johnson: So moved. Mr. Jackson: Second. Mr. Mayor: Okay. Since everything is on the consent agenda, do we have any items to be pulled for discussion? Commissioner Lockett. 2 Mr. Lockett: Mr. Mayor, I’d like to pull agenda item number five and six and, Madam Clerk, for the following agenda items 1, 12, 13, 14, 15 and 16 I vote no due to pending litigation involved in the legality of the Personnel, Policies and Procedures Manual. Thank you, Mr. Chairman. Mr. Mayor: Mr. Mason. Mr. Mason: Yes, just annotate the same no vote on that Madam Clerk. Thank you. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Same for me, Mr. Mayor. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: I’ve got a question. I need some confirmation from either the Administrator or Robby Burns on the Item 18 BlueCross BlueShield that the contract amount will be $21,394,270.00 pending negotiations that if it’s a dollar higher that it be brought back to this committee and this body before we approve anything. Mr. Mayor: Mr. Russell. Mr. Russell: Hold on a second. I’ll get back with you on that. Mr. Bowles: All right, I’ll just pull it then. Mr. Mayor: Okay. Commissioner Guilfoyle. Mr. Guilfoyle: Madam Clerk, would you show that Item #21 I vote no on please? The Clerk: Yes, sir. Mr. Mayor: Okay, if there’s no further discussion, can I get a motion to approve the consent agenda? Mr. Jackson: So moved. Mr. Johnson: Second. CONSENT AGENDA PUBLIC SERVICES 1. Motion to approve Augusta, Georgia’s desires to update and amend the Code as related to the abolishment of the License and Inspection Department and the transfer of those powers and duties to the Planning and Development Department to be consistent with the Proposed Government Reorganization Draft Project Plan and to designate the name of the consolidated government as “Augusta, Georgia”. Augusta, Georgia seeks to update the 3 local laws to reflect the name of the consolidated government. (Approved by Augusta Commission October 18, 2011 – second reading) 2. Motion to approve the authorization of 2012 Augusta CVB tourism grant application from Recreation, Parks and Facilities. (Approved by Public Services Committee October 24, 2011) 3. Motion to approve the AirMed, Inc. Storage and Office Lease as approved by the Augusta Aviation Commission at their September 29, 2011 Meeting. (Approved by Public Services Committee October 24, 2011) 4. Motion to approve amendments to Augusta-Richmond County Code, Section 7-1-90 PERMIT FEES, so as to increase certain fees, required in connection with the issuance of permits. (Approved by the Augusta Commission October 18, 2011 – second reading) 7. Motion to approve the sublease between Morris Communications, LLC and Blanchard & Calhoun Blue Sky II, LLC as approved by the Augusta Commission at their July 28, 2011 Meeting. (Approved by Public Services Committee October 24, 2011) 8. Motion to approve naming the recreation building at Hickman Park to the Patricia Rigsby Daniel Recreation Center at Hickman Park. (Approved by Public Services Committee October 24, 2011) 9. Motion to approve the proposal with Weinberger’s in the amount of $52,727.04 for the New Terminal Project Furniture at Daniel Field Airport. (Approved by Public Services Committee October 24, 2011) 10. Motion to approve the sublease between Morris Communications, LLC and Austin Aviation, LLC as approved by the Aviation Commission at their September 29, 2011 meeting. (Approved by Public Services Committee October 24, 2011) 11. Motion to approve tasking the Public Services Committee Chairman and the General Counsel to schedule work sessions to incorporate the input from the public hearings into the development of an Ordinance that can be adopted by the Commission to amend the Augusta, GA Code relating to restricting smoking in public places and in places of public accommodation. (Approved by Finance Committee October 24, 2011) ADMINISTRATIVE SERVICES 12. Motion to approve an Ordinance to amend the Augusta, GA Code Title Seven Chapters One through Three Sections 7-1-19, 7-1-19.2, 7-1-19.6 through 7-1-19.9, 7-1-26 through 7-1- 33, 7-1-47 through 7-1-48, 7-1-86, 7-116-2, 7-1-116-4 through 7-1-116-5, 7-1-136, 7-2-3, 7-2- 63, 7-2-76, and 7-3-73 relating to the powers and duties of the License and Inspection Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 – second reading) 13. Motion to approve an Ordinance to amend the Augusta, GA Code Title Six Chapter Seven Sections 6-7-5, 6-7-42 through 6-7-43, 7-6-60, 6-7-69, 6-7-90 through 6-7-91, 6-7-96 through 6-7-97, and 6-7-110 relating to the powers and duties of the License and Inspection Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 – second reading) 14. Motion to approve an Ordinance to amend the Augusta, GA Code Title Six Chapter Six Section 6-6-5 and 6-6-37 through 6-6-47 relating to the powers and duties of the License and Inspection Department; to repeal all Code Sections and Ordinances in conflict 4 herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 – second reading) 15. Motion to approve an Ordinance to amend the Augusta, GA Code Title Six Chapter Two Sections 6-6-2, 6-2-5, 6-2-59 through 6-2-60, 6-2-70 through 6-2-72, 6-2-75 through 6- 2-77, 6-2-103, 6-2-116, 6-2-119 through 6-2-125, and 6-2-142 through 6-2-143 relating to the powers and duties of the License and Inspection Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 – second reading) 16. Motion to approve an Ordinance to amend the Augusta, GA Code Title Six Chapters Four and Five Section 6-4-1, 6-4-7, and 6-5-7 relating to the powers and duties of the License and Inspection Department; to repeal all Code Sections and Ordinances in conflict herewith: to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 – second reading) 17. Motion to approve Aetna as Augusta, Georgia’s Ancillary Insurance Provider (Life/Long Term Disability/Accidental Death and Dismemberment) for 2012. (Approved by Administrative Services Committee October 24, 2011) 19. Motion to approve the Rental Agreement between Augusta, Georgia (Landlord) and the Department of Human Resources – Family and Children Services (Tenant) for property located at 520 Fenwick Street in Augusta, Georgia. (Approved by Administrative Services Committee October 24, 2011) FINANCE 20. Motion to approve the replacement of one animal containment truck and one general usSUV (Explorer) for the Animal Services Department. (Approved by Finance Committee October 24, 2011) 21. Motion to approve a request from House of Prayer Christian Church regarding a refund of pro-rated taxes paid in accordance with the Commission action on October 4, 2011 in the amount of $4,261.42. (Approved by Finance Committee October 24, 2011) 22. Motion to approve an increase in the electricity budget for the Drivers License Bureau. (Approved by Finance Committee October 24, 2011) 23. Motion to approve an additional 60-day extension of the Reynolds Street Parking Deck Management Agreement and the Conference Center Parking Lease. (Approved by Finance Committee October 24, 2011) 24. Motion to approve refund for property located at 363 Heath Drive for tax years 2010 and 2009 in the amounts of $3,109.03 and $3,145.75, respectively. Property owner, Fred Pramenko. Refund due to change in property value. (Approved by Finance Committee October 24, 2011) 25. Motion to approve refund for tax years 2008, 2009 and 2010 on property located at 2440 Patiller Rd. Property Owner Cedrine Nicole Evans. 2010=refund $602.84 paid by C. Evans, 2009 refund=$691.68 paid by Shontae Bethel, 2008 refund=$463.43 paid by Virginia Bethel. (Approved by Finance Committee October24, 2011) ENGINEERING SERVICES 26. Motion to approve Change Orders #1 and #2 on PO 190658 to Acme Moving and Storage for moving of court related offices to the new Augusta Judicial Center and John H. Ruffin Courthouse in the amount of $24,057.60 for additional services requested by court 5 officials. The revised PO amount will be $292,432.60. (Approved by Engineering Services Committee October 24, 2011) 27. Motion to approve and accept the Resolution and Agreement (Contract) from the Georgia Department of Transportation (GDOT) for the Acquisition of Right of Way to improve the Windsor Spring Road Section V Project, CPB Change Number Ten (323- 041110-299823786). Also, approve to adopt the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and GDOT guidelines for this Project and authorize Augusta, Georgia Mayor to execute this Resolution and Agreement for the Engineering Department. (Approved by Engineering Services Committee October 24, 2011) PETITIONS AND COMMUNICATIONS 28. Motion to approve the minutes of the regular meeting of the Commission held October 18, 2011 and Special Called Meeting (Legal) held October 24, 2011. ADDENDUM 29. New Ownership Application: A.N. 11-51: A request by Michael R. Everhart for a retail package Beer license to be used in connection with J&M Enterprises of Augusta, LLC DBA J&M located at 1499 Gordon Hwy. District 2. Super District 9. 30. Resolution in support of naming the interchange of the State Road 10 with the Interstate Road I-520 State Road 415 the J.D. Paugh Memorial Interchange in honor of Deputy J.D. Paugh. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. The Clerk: And for the benefit of any objectors to our added, I had to wait until it was added. For the benefit of any objectors to the alcohol petition are there any objectors to the new application for a retail Beer license to be used in connection with J&M Enterprises located at 1499 Gordon Highway. Mr. Russell: None noted, Madam Clerk. The Clerk: Okay, no objectors. That vote carries unanimous with the exception of Commissioner Guilfoyle voting no on Item 21. Commissioner Lockett, Johnson, Mason and Hatney voting no on Items 1, 12, 13, 14, 15 and 16. And, Mr. Attorney, I believe that would not give you a six vote on those items. We have two outs. Mr. Mayor: Okay. The Clerk: And that vote carries with Mr. Aitken and Smith out. Mr. Hatney, Mr. Lockett, Mr. Mason and Mr. Johnson vote No. Mr. Smith out. Motion fails 4-4. [Items 1, 12, 13, 14, 15 and 16] 6 Mr. Guilfoyle votes No. Mr. Smith out. Motion carries 7-1. [Item 21] Motion carries 8-0. [Items 2-4, 7-11, 17, 19-28, 29, 30] Mr. Mayor: Okay, Madam Clerk, on to agenda item number five. The Clerk: PUBLIC SERVICES 5. Motion to approve Professional Services Agreement for Phase II design and engineering of the New Butler Creek Trailhead Park to W.K. Dickson & Co., Inc. for $33,700.00. (Approved by Public Services Committee October 24, 2011) Mr. Mayor: Commissioner Lockett, I believe this was your pull? Mr. Lockett: Thank you, Mr. Chairman. You know we’ve had lots of difficulty with compliance with Procurement policy and procedures. I’ve gone through my packet and I saw where Phase 1 of this particular project had been approved. But I cannot find any documentation to show that Phase 2 had gone through the proper procurement procedures. And I did not see a recommendation or signed off by the Administrator I think it was over $20,000.00. I just want to find out what’s going on and why do we appear to be in noncompliance. Mr. Mayor: Okay, do we have somebody to speak to this issue? I know Mr. Patty has, George, do you? Tom, are you? Mr. Speaker: He’s not here, Mr. Mayor. Mr. Mayor: Okay. Do we have somebody who can speak to this issue? Mr. Lockett: If not, Mr. Mayor, I move that we send it back to committee without action. Mr. Mason: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign of voting. Mr. Jackson votes No. Motion carries 8-1. Mr. Mayor: Madam Clerk, on to agenda item #6, please, ma’am. The Clerk: 7 PUBLIC SERVICES 6. Motion to approve a Resolution authorizing the filing of application for Augusta Public Transit between the Federal Transit Administration (FTA) and Augusta, Georgia. (Approved by Public Services Committee October 24, 2011) Mr. Mayor: Commissioner Lockett, I believe this was yours. Mr. Lockett: Yes, Mr. Chairman. I have a great concern because I see that we are requesting a grant with 80% from the federal government, 10% hopefully from the state and 10% local. And this is for our transit system. The latter part of last year we returned $600 and some thousand dollars back to the Feds. We did not use it and this prior to privatization of the transit system because we did not want to pick up the 10% match that the state failed to provide. So my question is this and it’s directed to the Administrator. If the state does not provide their 10% this time are we going to return whatever money gained through this grant back to the Feds? Mr. Russell: You’re looking at each individual application as a separate identity and we had to make that decision upon the time we found out the state wasn’t going provide the money. You keep referring back to a grant we returned and that grant was for ‘x’ number of buses which we received a second grant for, for the same buses and we couldn’t spend the same money twice. We took the 100% grant versus the grant that required state and local match. So that’s a totally different topic at this particular point in time. This only gives us the opportunity to go forward with the grants. You as a Commission will decide at some point whether or not the funding is appropriate to go forward with the actual grant itself. Mr. Lockett: In response to my question, Mr. Administrator, if we should receive a grant from the federal government dictating that the state provides a 10% match and that the local government provides a 10% match will we provide the 20% if the state does not or will we return the money. Mr. Russell: The response to that would be you would be given the option as a Commission to make that decision based hopefully on what I feel to be a good recommendation. Mr. Lockett: And my last comment will be we were not given the option when the $600 and some thousand dollars was returned during the fall of last year. So if it goes before the Commission I’d be very appreciative. Thank you. Mr. Russell: If I may, Mr. Mayor, we’re still talking about two separate issues at this point. And I’d be more than happy to try and explain that to Commissioner Lockett at another time. Mr. Mayor: Can I get a motion on this? Mr. Bowles: Motion to approve. Mr. Jackson: Second. 8 Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Lockett votes No. Motion carries 8-1. Mr. Mayor: And, Madam Clerk, the final agenda item. The Clerk: ADMINISTRATIVE SERVICES 18. Motion to approve BlueCross BlueShield of Georgia as the Augusta, Georgia Medical Insurance Provider for 2012. (Approved by Administrative Services Committee October 24, 2011) Mr. Russell: Commissioner Bowles, I apologize but I didn’t understand your question. And we’ve got our consultant in the next room that might be able help. Mr. Bowles: My question is I see that the rate’s $21,394,270.00 pending negotiations. And I thought last time we were here we told there was going to be a slight increase this year. And I want to make sure before this is approved that if those negotiations increase this amount that it comes back before this body. Ms. Speaker: If I understand the question, I’m sorry I’m Lisa with Wells Fargo, the Augusta Richmond County Employees Benefits Consultant. The spreadsheet you have was actually before we entered into final negotiations. So the spreadsheet you have BlueCross actually came off another percentage point off of the spreadsheet that you have. So their final renewal number is 4% above current which puts it at about, it’s about a $600,000.00 increase for Augusta Richmond County. Mr. Bowles: Is that $21 million or is it, I thought it was $23 million. Ms. Speaker: No, no, no, no. It’s a $21 million, about $21 million 900,000. Mr. Bowles: Okay. All right. Mr. Mayor: Okay, can we get a motion? Mr. Bowles: Motion to approve. Mr. Mayor: We have a motion. Is there a second? Mr. Johnson: Second. Mr. Mayor: We have a motion and there’s a second. Is there any further discussion? Commissioners will now vote by the usual sign of voting. 9 Mr. Mason votes No. Motion carries 8-1. Mr. Mayor: And, Madam Clerk, I believe that disposes of all of our agenda items? The Clerk: Yes, sir. Mr. Mayor: Mr. Attorney, no need for a Legal meeting? Mr. MacKenzie: Not at this time. Mr. Mayor: If there’s no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on November 1, 2011. ______________________________ Clerk of Commission 10