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HomeMy WebLinkAboutRegular Commission Meeting February 7, 2012 REGULAR MEETING COMMISSION CHAMBER FEBRUARY 7, 2012 Augusta Richmond County Commission convened at 5:00, p.m., February 7, 2012, the Hone. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, Smith, Hatney, Aitken, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. The invocation was given by Rabbi David Sirull, Adas Yeshurum Synagogue. The Pledge of Allegiance to the Flag of the United States of American was recited. Mr. Mayor: Rabbi, I’d ask you to come forward. Thank you for that wonderful invocation. I have a little something for you. Office of the Mayor: By these present be it known that Rabbi David Sirull, Adas Yeshurum Synagogue is Chaplain of the Day for his civic and spiritual guidance demonstrated throughout the community. Serves as an example for all of the th faith community. Given under my hand this 7 Day of February 2012. Thank you, sir. (APPLAUSE) Mr. Mayor: Madam Clerk, on to the presentations. The Clerk: PRESENTATIONS A. Presentation from the Buffalo Soldiers to Augusta Recreation, Parks and Facilities Department. The Clerk: Mr. Mayor, did you want to come down and join Mr. Johnson? Mr. Russell: Why don’t you come around this way and we’ll get you up front here. Mr. Speaker: Good afternoon. On behalf of the Buffalo Soldiers and the Buffalo Soldiers throughout the United States we would like to make this presentation to Mr. Beck. Our big check is somewhere in the neighborhood, I don’t know where but anyhow we have the real check. And this check is for $2,500.00 to the Richmond County Parks and Recreation to be used for, not to balance the budget. This is a down payment on balancing the budget right here. (APPLAUSE) Mr. Beck: Mr. Mayor, members of the Commission and ladies and gentlemen, I’ve said it every year that the Buffalo Soldiers give this donation to us, there’s no better organization in Augusta Georgia than this group right here. They participate in many programs and most recently the MLK Parade once again this year for I don’t know how many. How many consecutive years have ya’ll worked on the parade? 1 Mr. Speaker: Ten. Mr. Beck: Ten years. Ten years they have helped us with that parade. Many programs that they do they deserve a great round of applause for everything that they do. (APPLAUSE) Mr. Mayor: And I just wanted to personally say thank you. This is what community’s all about. Ya’ll are huge community partners during these difficult economic times that ya’ll reach out and help fund our Parks and REC Department is awesome. So I just want to thank you once again for all that you do for the City of Augusta and this entire community. Mr. Mayor: Madam Clerk, on to the delegations please, ma’am. The Clerk: DELEGATIONS B. Mr. Al M. Gray RE: Conference Center and Reynolds Street Parking Deck Agreements. Mr. Mayor: And if you could keep it to five minutes, please, sir. Mr. Gray: Yes, sir. Mayor Copenhaver and gentlemen of the Commission, thank you for allowing me to speak tonight. Mr. Mayor, I like you have always loved the economic development that comes with mega projects. Having served for four centuries on such projects and manufacturing sites from California to Washington to Florida to Pennsylvania and points in between I say this to offer that my focus is not anti-development just anti-irresponsible spending and fraud. I rise before you tonight to speak in opposition to these agreements regarding the conference center and the Reynolds Street Parking Deck. This comes from having spent years in crisis management mode for companies whose projects went horribly wrong. But it comes even more from my Augusta experience. I once proposed doing a cost recovery effort in Augusta that might have reformed Augusta government with Administrator Randy Oliver. He was interested but then he hit a patch of turbulence and concluded it just wasn’t possible in Augusta. The influence of the connected folks was just too great. I went on to get new corporate clients and formed the Fortune 500 but I never could work in Augusta. The saga of the TEE Center over the last five years has been a twisting turning affair from the start. The last chapter should not be written tonight. The irregularities the failures and evidence which are legions scream stop. We are in we in the twelve counties destined to be coupled with you by the TEE SPLSOT are a watching, nervous and perhaps unwilling bride. We see $50 million dollars in buildings built on land you don’t own. Undisclosed liens of various descriptions. Land to be donated turned into air. A bribery trial involving this very project. Controversy going back to 1998 with these same partners. And finally that you find yourselves hostages tonight with threats of those liens. These things pose a dire warning for those associating ourselves with you. While these are strong words they are directed in a sense of hope of profound desire to make this the night that everyone of you can recall with enormous pride the night that ten men and the Mayor refuted relentlessly, came together and started accomplishing that which predecessors of the last forty years could not. I would be proud to help. First we have serious issues to address. Gentlemen, you simply cannot ratify this proposal tonight. I’ve been under duress and a myriad of questions without the 2 most serious consequences for this community. The people bear witness to that. Yes, the building is built and no, no one wants this mess during The Masters. But you must stop and make sure that these people are protected by the strongest of audit rights, open access record to and immediate review of past, current and future operations under the management of this private partnership. I cannot imagine the consequences if you proceed. I would not want to be in your shoes should you vote yes. You see if this body in this wisdom does not embrace a comprehensive program of reform, sound financial controls and contract enforcement beginning tonight the sledge hammer blows from the revelations are stunning irresponsibility and deep fraud will rip apart this community. I do not refer to the transaction currently at issue because I don’t believe there’s any fraud involved but others that we have identified throughout this government in recent months. Mr. Brigham was having trouble with spending $30,000 on an audit. Well I think we could get that much back with two phone calls. There might be millions salvageable in this government that are being squandered while you’re laying off people and getting into austerity. Mr. Jackson seems to have brought up the Administrator’s assurances that there’s security in the works of $500.00 an hour bond attorney’s. Is there? In Jefferson County Alabama the county administrator and four county commissioners are now in the penitentiary because of the spawn of bond attorney’s. There’s a national scandal unfolding around the municipal bond market. It pays to keep up with these things lest you become the next victims. Several of the people in this room may have made some of the biggest misjudgments or miscalculations of their lives. You have a vote to make. I hope it’s not one in which you join them. Mr. Mayor: Okay, thank you. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Mr. Gray, I really appreciate your presentation. At this juncture do you feel that the performance of a forensic audit would actually do any good based on the research that you’ve done? Mr. Gray: Actually I don’t and it’s not because a forensic audit isn’t the kind of audit to be done. But I would say that you know since we had the meeting Monday which I was in attendance in which the attorney admitted that they knew about these liens early on and did not disclose it to the Commission. And also I guess Mr. Russell pretty much admitted the same thing. I don’t know that you’re going to find anything else there. And I think that what would happen would be Ms. Lori Davis did an open records request and ran into an almost total stone wall of attorney client privileges and got very few documents even though we were expecting more documents. And the documents we got had no signatures on them, no dates. So you know what we have here is an almost embrace of almost a culture corruption to me. Mr. Lockett: What would be your recommendation to possibly resolve the outstanding issues that we evidently have? Mr. Gray: Well, my suggestion would be for this government to seek out and pursue I think you’re on the right course when you start talking about a countywide forensic audit. I think that’s something that really needs to happen because we see widespread problems in the, certainly in the hundreds of thousands of dollars and possibly in the millions. 3 Mr. Lockett: And my last question is. What is the intent of a forensic audit? I’ve been ridiculed saying that I was trying to send somebody to jail and so forth. What is a forensic audit designed to do? Mr. Gray: A forensic audit is designed to present enough evidence and work papers firmly of grounded in facts to be able to even take to you know court of law if necessary for criminal prosecution. That’s a more in depth audit and it really, it gets into a very deep level of details. Mr. Lockett: Thank you, Mr. Gray. Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Yes, Mr. Gray, thank you, Mr. Mayor. I know you deal a lot with contracts and where do you see the weakness is that Augusta Richmond County have in their contract process. Mr. Gray: Well, it’s pretty much across the board. I haven’t looked at some of the architectural firms in Augusta. They have better controls with the City of Augusta. I mean I see a total lack of failure, a total failure to identify overhead and profit items from direct costs. And I see even some of the bigger contracts automatic increases so that you’ve got individuals that are capable of billing this government on annualized basis maybe $450,000 dollars. It’s two and three hundred, two hundred dollars plus an hour. So in that particular contract it’s basically a statement that says you cannot in there and you cannot look at any payroll records. Well there’s a problem with that because you might have somebody that’s being billed as a project manager that’s only a drafter or something like that so you have to have that capability. And you also have to have the capability to go in there and look at their time charts. Mr. Guilfoyle: Instead of a forensic audit would a operational audit be better in this circumstance. Mr. Gray: Um, you need to it has to be built into the specifications in the scope of work for whatever audit you use. Actually the financial audit if they had the right kind of specifications might work. Financial audits are built into this agreement but they’re basically rubber stamps because you’re taking a snap shot in time and you’re only looking at what is already been done. And I think a good example of an operational audit what it does for you that a financial audit will not do is I believe that Mr. Bowles or someone mentioned that you had done some sort of a utilities audit to produce large savings. And those had been missed by a financial audit. And so and it’s been my experience it’s been my type of service I provide is to go in and find things that financial audits have missed. Mr. Guilfoyle: Right. Thank you, Mr. Gray. Mr. Mayor: Commissioner Hatney. 4 Mr. Hatney: Mr. Gray, a question, sir. In your tenure of being involved in different types of developments and stuff like that has it ever come across your tenure whereas the individual has a piece of land and you are told that that land was donated to the city and then after the building is built you discover only because they asked you to sign a ordinance or air rights. Only then did you learn that the city didn’t own the land. Then through all of that you discover that whoever owned the land got millions of dollars of liens of the land yet you still took taxpayers money and built a building on there. Have you ever heard of such? Mr. Gray: No, sir, I’ve never heard anything like that before. Mr. Hatney: Okay. I just wanted to ask that question. I like to ask questions of experts who’ve had dealings in all kinds of situations. I appreciate that. Thank you. I had not either but I’m not an expert. Mr. Mayor: Okay, and along those lines I would like to ask Mr. Gray and I appreciate your input on this. But would you please provide for me and this body a list of references so that we can corroborate your expertise in this field. And I would ask also that I would be more than happy to share that with the media. But I think prior to taking expert witness we do need to establish that that person is an expert in the field and I’m just not seeing any evidence to that effect. Mr. Gray: No, sir, I would not dream of doing that in front of this body. I promise you that would be the last thing I would do. Mr. Mayor: Okay, thank you, sir. Do we have any further questions? Mr. Mason: Mr. Mayor, one question. Mr. Mayor: Yes, sir, Commissioner Mason. Mr. Mason: Mr. Gray, I appreciate you coming forward. Why shouldn’t I vote for this tonight? Mr. Gray: Well, you shouldn’t vote for it tonight because um, it’s with, it’s in the same vein and the same group of operations this public private partnership that you have. And I believe that this should be an opportunity and these previous dealings with these folks going back to 1998 and 1999 I think I saw in the notes where Commissioner Hatney was making pointed reference to the fact there were no audits available of those records. And we certainly can’t get into those records from an open records perspective. So my focus tonight is since you’ve got this agreement on the table and everybody seems to want to sign it I would say hold off on it until you can get rights of audit and to all of these agreements with this partnership. Mr. Mason: Thank you. Mr. Mayor: Commissioner Johnson. 5 Mr. Johnson: Thank you, Mr. Mayor. Mr. Gray, over here. I do have one question in particular. In speaking with the Attorney earlier today technically how legal is it to build a public building on property that the city first of all don’t own and do not have a lease agreement to the property. Because in the past if anyone just say popped out of New York is private owners that own property that a skyscraper sit on but they have a eighty year lease. Is it anything in this particular situation that points to something being done haphazardly or legally or would it be better if it would’ve been a land lease agreement to lease the land and then build the building on that particular property being it’s a public building? Mr. Gray: Well, let me address that by saying in the security deed back in the records that this has been carried forward it very specifically said that any building built on the property hereafter becomes part of the security deed. So for an attorney to skip over that and just proceed with letting a building being erected without clarifying that point to be settled later is incomprehensible to me in my experience as an auditor and also as a landowner. Mr. Johnson: Okay. Thank you, Mr. Mayor. Mr. Mayor: Any further questions? Okay, thank you, sir. Madam Clerk, the next delegation. DELEGATIONS C. Mr. Barry While RE: Augusta TEE Center Pre-Opening Marketing Plan. The Clerk: Mr. Mayor, Mr. White, he’s on our addendum agenda. He has requested that st he be deleted from today’s agenda and reschedule for the February 21 meeting. The Clerk: DELEGATIONS D. Ms. Lori Davis RE: TEE Center Parking Deck, A Citizen’s Perspective. Mr. Mayor: And if you could keep it to five minutes, please, ma’am. Ms. Davis: Gentlemen, it’s heartening that just yesterday the Georgia Supreme Court acknowledged that elected officials work for the people and not the other way around. We believe that our leaders both elected and hired need to remember that you are the civil servants and we are your employer. It is our tax money that pays your salaries and it is we who have every right to hold you accountable to us as your employer right down to the very last penny. I realize that it is not in the collective DNA of our paid and elected officials to pay attention to your citizens but I believe after today you may begin to think a bit differently. I also hope after hearing Al Gray’s presentation and my comments that you will realize that Augusta today might be the first citizen force worthy of recognition, a force that has set a goal of today to bring the truth to our citizens concerning the TEE Center debacle and to hold accountable those who have offended our trust. For the past five years I have been closely involved in what we refer to as Augusta Richmond County Government. The way this government operates defies all logic and appears to be nothing more than a grand puppet show with a grand puppeteer. One think I do 6 know is that people are tired of it. They are tired of the issues of this Commission being painted as black and white when clearly most issues are simply about right and wrong. It is obvious question of right and wrong that brought together our group of Augusta Today. Augusta Today is equipped with researchers, professionals and public policy freaks. We have set out to uncover the reasons for the years of dysfunctional government. Looking at the two year struggle over the building of the TEE Center and parking deck caused us to take notice. If this was such a great deal for everyone in Augusta why was there such a struggle to get it passed? Through and open records request we found, what we found was riveting. The city did not own all the property under the deck or the TEE Center. This was even more unbelievable because our city leaders along with ranking employees of the Augusta Convention and Visitors Bureau had made similar statements assuring us that the property under the deck and the TEE Center would be donated. Even Augusta Riverfront the so called donor of the property concurred. Imagine how shocking it was to find out that this was not the case. And even to find out there was a $7 million dollars lien on a large piece of property under the parking deck. To top all of that off the city had already completed the parking deck and was well underway with the TEE Center. The deceptive deals to our astonishment were hammered out by the City Administrator Fred Russell along with a taxpayer funded outside attorney Jim Plunkett. Many questions came to mind. What could these two men have been thinking? Were they coerced? Who was protecting them? Who all knows about this? Who agree to this incredible misuse of taxpayer dollars? Knowing what we knew it was a breath of fresh air to see Commissioners Lockett, Mason and Hatney start to ask the hard questions. This wasn’t a black light issue they were right on the money with their questioning yet they were vilified in the press. Commissioners Lockett, Mason and Hatney, Augusta Today applauds you for your courage. Now here we are in this commission meeting awaiting a vote from our commissioners on whether or not it is even plausible to move forward with the negotiating and signing of an operational agreement for a parking deck that the City of Augusta does not own. To us this is a no brainer, absolutely not and certainly not with Mr. Russell at the helm. We realize at this point there is nothing that can be done to take the building back of the deck or the TEE Center. What a mess our most entrusted employees have made. The days of trust are over, at least for the citizens. Augusta Today would like to leave you with two suggestions that would be instrumental in moving this city forward from a citizen’s perspective. One do not vote to proceed with an operational agreement for the TEE Center parking deck. And two relieve Mr. Russell and Mr. Plunkett from their duties as soon as possible. These two things would be a commendable start. Mr. Mayor: Okay, thank you. Do we have any questions? Commissioner Lockett. Mr. Lockett: Ms. Davis, I want to commend you, Mr. Gray and all the members of Augusta Today for their outstanding work that you all are doing. I mean it’s amazing that in such a short period of time that you all can come up with a massive amount of wrong doing in this government whereas this has been going on for years and years and no one obviously did anything about it. So I want to applaud you, I want to applaud Mr. Gray and all of the members and friend of Augusta Today for your outstanding work. And please continue. Mr. Mayor: Okay, thank you. Thank you, Ms. Davis. Madam Clerk, on to the next delegation. 7 The Clerk: DELEGATIONS E. Ms. Monique Braswell. RE: Sharing of information regarding an appreciation breakfast, lunch and dinner for all first responders in Richmond County. Mr. Mayor: And if you could keep it to five minutes as well, please, ma’am. Ms. Braswell: Good evening distinguished gentlemen, Mr. Mayor. I know ya’ll are glad to see me standing up here right now. But um, can I put this down here so everyone can see it? Mr. Mayor: Yes, ma’am. Ms. Braswell: Thank you. For three years, for three years it’s about to come up on the screen has been going on. The purpose of this event is to say thank you. Thank you to the policemen, thank you to the firefighters, thank you to the EMT’s, thank you to the correction officers, thank you to the any first responders. Thank you to the Marshall’s, thank you to the traffic cops even though we don’t want tickets you know. But we never say thank you. When our house is burning down we just want you to stop it from burning so we can get back in it and we never say thank you. When our house is broken into you know and they recover our goods we don’t say thank you and this is a way to say thank you. For three years I’ve been coming before you all, all of you all inviting you to come out and show your service members, the men that work for you all that you appreciate the service that they do. And I can honestly say I’ve only seen two of you come to this event. It doesn’t cost you all anything but it’s a way for the service members to know that you appreciate them just as much as I do. Just as much as we do. This year this event is being sponsored by the Richmond County’s of Council PTA’s. We have about twenty schools that put their own money together to make this happen. And just so you know we are 11,363 members strong. We have broken the record in Augusta Richmond County that’s fourteen years old. We are the number one counsel in the country not just in the state of Georgia, in the country who have increased their membership by over 51%. That means this is the year for parents. Okay? The parents are stepping up and their stepping out. There are putting this event together to come and say thank you and we invite all retired military, disabled vets. If you’ve ever been in service we want you to come and eat this food, the breakfast beautiful breakfast from 8-10. The lunch, wonderful lunch from 11 to 2:30, 3:00 o’clock. As long as they come we’re going to keep going. And look at the dinner. Where are you going to get all of that food for free? Where do you get that from and where, thanks to Tom Beck we’ll be in a little earlier. But we’ll be there serving everyone from 8 to 8:30 at night. And we’re not doing it for any other reason than to say thank you. And again for three years I’ve only seen two of you guys there and these are your employees. Do we appreciate them more than you all? Hope your house don’t burn down and you have to say thank you this is a perfect way to do it you know and I’m looking forward to seeing you all. I’m inviting you all to come and at least show your face, show you know the morale. Let them know that you’re more than just sitting on the benches. We do. I get the same question every year. Where’s the Mayor, where’s these Commissioners. I say you all are busy or ya’ll stopped by earlier. I make excuses but I can’t do it this year. We need to see ya’ll. 8 Mr. Mayor: Yes, ma’am and I just want to say that you know I personally and I know a lot of folks up here do take the opportunity to say thank you every chance we get when we have contact with our officers particularly in light of what’s happened in the past three months in our local community. You know to have officers lose their lives in the line of duty. I met with two deputies several weeks ago about their working on doing something for the Iron Man to raise money for the victims of the families. So we’re on the same page. I just personally I apologize for not having made it to the event to this point and I just want to say thank you for putting it on every year to honor those men and women in uniform for us. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. First of all I’d like to commend you Dr. Mo and your volunteers. I would highly encourage every one of us to come out to this event. I have attended on several occasions and it’s a great breakfast, it’s a great lunch and it’s a great dinner. I’m talking about a mega amount of food and they’re great cooks that put on this food. Now if you look at this menu I mean it’s off the charts. And if you notice she said free. And we’re not talking about hotdogs and hamburgers we’re talking about ribs, steak, chicken, pork chops, fish I mean you name it. And it’s great, great food. So I would highly encourage you to do that. Now just to share my experience when I went out it was amazing the words from Sheriff’s deputies, from our firemen, from our emergency management folks. There was folks from the Sheriff’s or the Marshal’s Department was there as well. We had retired Army veterans and local law enforcement retirees. It was a great atmosphere to network with folks that have been our first responders. I loved it. This is one of the best events that I like to attend on a routine basis. So again I would encourage each and every one of us to come out and be a part of this event. You may not be able to make all three lunch breakfast and dinner. You may can come for breakfast, you may can come for dinner you may can come for all three. The food is there it’s available. But I would encourage you at some point during that day 8:00 o’clock a.m. to 9:00 p.m. That’s a long time. At some point in that day I’m sure we can find at least thirty minutes if nothing else to come out and say thank you even though we do say thank you when we see others. But this is an environment that’s open it’s a lot of esprit de corps and camaraderie that’s going out there. Good conversation, good networking. I thoroughly encourage each and every one of us to come out and be a part of it. I thank you, I thank your volunteers you have done an excellent job. Keep up the good work. Ms. Braswell: Thank you. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Dr. Mo, I can’t believe you didn’t see me but what I’d like to do is I would like to commend you for the work that, the outstanding job you done with the PTA. I mean for us to have the largest in the nation I know that’s a very hard but rewarding job. And I just wanted to let you know that the people know what you’re doing and the people appreciate what you’re doing. Thank you. Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Dr. Mo, I just want to say thank you for your hard work and your dedication to our community. 9 Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I’m going to wrap it up but, Ms. Braswell, I know we got together about three years ago and you came to me and wanted to start this event. And I told you then I think it would be a great event for the community for the officers the firemen and all those who protect us in Public Safety. And again I can echo the sentiments of my colleagues. You have done a magnificent job. We talked in reference to the PTA I can recall when you first started I was reading an email last week and your efforts and some people were talking about you and the great things you have done with that. And I’d just like to commend you for that because that’s what it takes. We don’t have enough parents involved and that’s one of the main reasons why we’re having so many issues about kids. But again thank you I will be there I know for breakfast. And hopefully I know last time I was there we, I’ve actually seen somebody that came to all three. So you’ve got officers doing twelve hour shifts they do come in and they’re able to attend all three feedings. So again I look forward to it and definitely keep doing what you’re doing. You’ve got out support. Thank you, Mr. Mayor. Mr. Mayor: Thank you, Ma’am. Madam Clerk, on to the consent agenda. The Clerk: Our consent agenda consists of items 1-30, items 1-30. There are no Planning or alcohol petitions. We have a second reading on the overlay zoning petition. Mr. Mayor: Okay, gentlemen do we have any additions to the consent agenda? Any additions? Feel free at any time. No additions? Okay, do we have any items to be pulled for discussion? Okay, can I get a motion, what’s that? Excuse me, Commissioner Lockett. Mr. Lockett: Mr. Mayor, I don’t know if whether it’s necessary to pull it or not but agenda item, I’m getting ahead of the game. I withdraw my question. Mr. Mayor: Okay, thank you, sir. Okay, and we do have a couple of additions to the agenda, Madam Clerk. The Clerk: Yes, sir. We’ve been advised previously regarding Delegation C. Item number one under the addition is to approve appointments and reappointments following, the following representing District 10 and a motion to approve the Indemnity and Encroachment Agreement with NHEP, LLC. Mr. Mayor: Okay, do we have unanimous consent to add these add possibly add them to the consent agenda? Mr. Lockett: So moved. Mr. Mason: Second. Mr. Brigham: Mr. Mayor? 10 Mr. Mayor: Commissioner Brigham. Mr. Brigham: I would like to discuss the encroachment easement. Mr. Mayor: Okay, but we do have unanimous consent to add it but not add it to the consent agenda. Mr. Brigham: Yes, sir. Mr. Mayor: Okay. The Clerk: So can we add it? Mr. Lockett: Yeah and number 2 also. Don’t add it to the consent because I don’t even know what it is. Mr. Mayor: Okay, but we’ve got unanimous consent to add number one to consent. Mr. Brigham: Yes. The Clerk: And the Delegation C item. Mr. Mayor: Yes. The Clerk: Okay. Mr. Mayor: Sounds like everybody’s consensual. Can I get a motion to approve the consent agenda? Mr. Lockett: Move to approve. Mr. Johnson: Second. CONSENT AGENDA PLANNING 1. Z-12-07 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by APD, on behalf of the Augusta Georgia Land Bank Authority et al, requesting an Overlay District to be known as “W4” per Section 25-E of the Comprehensive Zoning Ordinance for Augusta, Georgia which is located on the western boundary of the Laney Walker/Bethlehem Neighborhood. It is described as beginning at the intersection of R.A. Dent Boulevard and Holley Street; thence, south on Holley Street to the intersection of the rear property lines extended of properties fronting Wrightsboro Road; thence, east on those property lines to their extended intersection with Augusta Avenue; thence; south on Augusta Avenue to Poplar Street; thence, west on Poplar Street to Woodson Street; thence north on Woodson Street to Roulette Lane; thence, west on Roulette Lane to Floyd Street; thence, south on Floyd Street to Poplar Street; thence, west 11 on Poplar Street to Fifteenth Street; thence, north on Fifteenth Street to Wrightsboro Road; thence; north on Wrightsboro Road to R.A. Dent Boulevard; thence, north on R.A. Dent Boulevard to the point of beginning. (A complete list of tax parcels and addresses may be viewed at the Planning and Development Department office at 525 Telfair Street, Augusta, Georgia. DISTRICT 1 (Approved by the Commission January 17, 2012 – second reading) PUBLIC SERVICES 2. Motion to approve an Ordinance amending Title I General Government, Chapter 3, Aviation Commission, Article 5 Airports and Aviation, Section 1-3-43 of the Augusta, Georgia Code of Ordinances to adopt new Rules and Regulations for the operation of Augusta Regional Airport at Bush Field; to provide an effective date and for other purposes. (Approved by the Commission January 17, 2012 – second reading. ADMINISTRATIVE SERVICES 3. Motion to approve Fix and Publish the 2012 Qualifying Fees for Local Offices. (Approved by Administrative Services Committee January 30, 2012) PUBLIC SAFETY 4. Motion to approve a Memorandum of Understanding (MOU) between Columbia Count, GA and Augusta, GA to outline the processes and procedures required to operate two (2) separate 311/Customer Service and Information Centers with cross jurisdictional customer interaction. (Approved by Public Safety Committee January 30, 2012) 5. Motion to approve the utilization of rebanding reimbursements to pay for 2012 radio maintenance. (Approved by Public Safety Committee January 30, 2012) 6. Motion to approve the transfer of $120,000 from the fund balance into the Fire Department operational budget to complete the Fire Department Promotional Process. The RFP for the Fire Department Promotional Process has been completed and Selection Works has been recommended to perform this task. (Approved by Public Safety Committee January 30, 2012) FINANCE 7. Motion to approve the purchase of one Ford Explorer for the Coroner’s Office from Phase VI – Sales Tax (Public Safety Vehicles). (Approved by Finance Committee January 30, 2012) 8. Motion to approve the acquisition of one replacement animal containment truck for the Animal Services Department. (Approved by Finance Committee January 30, 2012) 9. Motion to approve the replacement of 7 public safety vehicles using Sales Tax Funds as approved in the Sales Tax Referendum for Phase VI. (Approved by Finance Committee January 30, 2012) 10. Motion to approve the transfer of funds ($11,850) from the Building Reserve Fund to the Building Division 2012 budget for software change orders. (Approved by Finance Committee January 30, 2012) 11. Motion to approve property insurance coverage for 2012 offered through Affiliated FM Insurance for a premium of $346,828 on a $50,000 deductible per occurrence policy ($100,000 deductible on flood, earthquake and Fort Gordon property). Breakdown on 12 quote: $328,828 property coverage, $10,000 engineering fee and $8,000 terrorism coverage. Quote is based on property values of $651,972,159 as of 12/28/11. (Approved by Finance Committee January 30, 2012) 12. Motion to approve a request for refund for tax year 2010 in the amount of $246.29 for property located at 2145 Plantation Rd. owned by Steven A. Hawkins. (Approved by Finance Committee January 30, 2012) ENGINEERING SERVICES 13. Motion to approve entering into an agreement with The Gordon Highway Development Committee to provide landscape maintenance along Gordon Highway between North Leg Road and Sibley Road as requested by AED. (Approved by Engineering Services Committee January 30, 2012) 14. Motion to approve and award the first three phases of the Design Consultant Services Agreement to Pond and Company on the Berckmans Road Widening, Realignment and Bridge Replacement Project. The first three phases will include: Concept Development in the amount of $198,261.42; Database Preparation in the amount of $138,123.00; and Environmental Documentation in the amount of $15,066.80 ($351,451.22 total). Project to be funded from SPLOST Phase VI as requested by AED. (Approved by Engineering Services Committee January 30, 2012) 15. Motion to approve Capital Project Budget Change Number One and Change Order One for the tunneling construction to replace 150 feet of direct jack and bore of 78 inch class III R.C.P., and 100 feet direct jack and bore of 42 inch class III R.C.P., resurfacing D’Antignac between R.A. Dent and Walton Way, and unforeseen subsurface construction in the amount of $375,731.09 to Mabus Brothers Construction, Inc. for the D’Antignac Street Drainage Improvements project. Funding is available in SPLOST Phase V Fund account as requested by AED. (Approved by Engineering Services Committee January 30, 2012) 16. Motion to approve a donated Easement between Jane C. Golden, as owner(s), and Augusta, Georgia, as optionee, in connection with the Goshen Plantation Road Drainage Improvement Project, said perpetual easement consists of 0.006 acre (255.0 sq. ft.) of permanent drainage and utility easement, more or less, from the property located at 4013 Burning Tree Lane, private. (Approved by Engineering Services Committee January 30, 2012) 17. Motion to approve a donated Easement between Scott A. Wolfe, as owners, and Augusta, Georgia, as optionee, in connection with the Goshen Plantation Road Drainage Improvement Project, said perpetual easement consists of 0.035 acre (1,531. sq. ft.) of permanent drainage and utility easement, more or less, from the property located at 1703 Deerwood Road, private. (Approved by Engineering Services Committee January 30, 2012) 18. Motion to approve a donated Easement between Robert Childers and Catherine A. Childers, as owners, and Augusta, Georgia, as optionee, in connection with the Goshen Plantation Road Drainage Improvement Project, said perpetual easement consists of 0.009 acre (387.16 sq. ft.) of permanent drainage and utility easement, more or less, and (391.94 sq. ft.) of temporary construction easement from the property located at 4015 Burning Tree Lane, private. (Approved by Engineering Services Committee January 30, 2012) 19. Motion to approve a donated Easement between Elizabeth T. Brown, as owners, and Augusta, Georgia, as optionee, in connection with the Goshen Plantation Road Drainage 13 Improvement Project, said perpetual easement consists of 0.008 acre (352.49 sq. ft.) of permanent drainage and utility easement, more or less, from the property located at 4007 Burning Tree Lane, private. (Approved by Engineering Services Committee January 3, 2012) 20. Motion to approve donated Easement between Leonard T. New, as owners(s), and Augusta, Georgia, as optionee, in connection with the Goshen Plantation Road Drainage Improvement Project, said perpetual easement consists of 0.10 acre (414.19 sq. ft.) of permanent drainage and utility easement, more or less, from property located at 1704 Deerwood Road, private. (Approved by Engineering Services Committee January 30, 2012) 21. Motion to approve entering into a Mowing and Maintenance agreement with the Georgia Department of Transportation along Gordon Highway between North Leg Road and Sibley Road in conjunction with median landscaping project as requested by AED. (Approved by Engineering Services Committee January 30, 2012) 22. Motion to approve CPB #324-041110-201824041 Change Number One and Change Order One of the construction contract to SITEC, LLC in the amount of $143,723.00 for the Goshen Lake South Drive Drainage Management Project, subject to receipt of signed change order and proper bonds as requested by AED. Funding is available in SPLOST Phase IV Fund balance account. (Approved by Engineering Services Committee January 30, 2012) 23. Motion to award a contract to Roof Professionals, Inc. to replace the roof at the Highland Avenue Water Treatment Filter Plant in the amount of $135,000. (Approved by Engineering Services Committee January 30, 2012) 24. Motion to approve award of the On-Call Concrete Repair, Concrete Construction & Emergency Repair Contract to Horizon Construction, Larry McCord LLC, and SITEC, LLC, subject to receipt of signed contract and proper bonds. Also approve $450,000 to fund the proposed on-call concrete and emergency services. Funding is available in the Grading & Drainage, Sidewalk Rehab/Replacement and Suburban Forces Resurfacing Phase VI accounts respectively as requested by AED. (Approved by Engineering Services Committee January 30, 2012) 25. Motion to approve award of the On-Call Tree Services Agreement to Big Dog Tree and Stump, Arbor Equity, and Southern Arbor Tree Care subject to receipt of signed contracts and proper bonds. Also approve $1,000,000 to fund over the lifetime of SPLOST VI for the proposed On-Call Tree Services. Funding is available in SPLOST VI Tree Removal account as requested by AED. (Approved by Engineering Services Committee January 30, 2012) 26. Motion to approve an agreement with Georgia Power for acquisition of 1,970 square feet of right-of-way and 1,322 square feet of temporary construction easement to Richmond County, Georgia. (Approved by Engineering Services Committee January 30, 2012) 27. Motion to approve the purchase of repair parts for a flocculator at the Highland Avenue Water Treatment Plant from a sole source vendor. (Approved by Engineering Services Committee January 30, 2012) 28. Motion to approve CPB #324-041110-201824021, Change Number One and Change Order One in the amount of $27,868.14 for the Wakefield Court Pipe Replacement project contracted with Blair Construction, Inc., subject to receipt of signed change order and proper bonds as requested by Augusta Engineering Department (AED). Funding is 14 available in SPLOST Phase IV Fund balance account. (Approved by Engineering Services Committee January 30, 2012) 29. Motion to approve and accept the water and gravity sanitary sewer Deed of Dedication and Maintenance Agreement in Willhaven Subdivision, Phase II, Section 2. (Approved by Engineering Services Committee January 30, 2012) PETITIONS AND COMMUNICATIONS 30. Motion to approve the minutes of the Special Called Meeting held January 17, 2012, the regular meeting of the Commission held January 17, 2012 and the Special Called Meeting held on January 30, 2012. ADDENDUM 38. Motion to approve the appointment and reappointment of the following representing District 10: Mason McKnight, IV, Public Facilities; Gary Swint, Library Board of Trustees; Jay Forrester, Augusta Aviation (Bush Field) and Fred Sims, Jr., Board of Zoning Appeals. (Requested by Commissioner Grady Smith) Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Motion carries 10-0. [Items 1-30, 38] ADDENDUM 39. Motion to approve the Indemnity and Encroachment Agreement with NHEP, LLC. Mr. Mayor: Madam Clerk, let’s go to the addition first. The Clerk: Under the addendum? Mr. Mayor: Under the additions, yes, ma’am. Mr. Lockett: Mr. Mayor? Mr. Mayor: Commissioner Lockett, yes, sir. Mr. Lockett: Mr. MacKenzie, was this the item you spoke of earlier? Mr. MacKenzie: Yeah, this was the one that was sent out by email. Mr. Lockett: Okay. Mr. MacKenzie: It’s nothing I gave you before the meeting. Mr. Lockett: I’d like to move to approve on agenda item Number 2. Mr. Mayor: Okay, do we have, we have --- 15 Mr. Brigham: Mr. Mayor? Mr. Mayor: Yes, sir, Commissioner Brigham. Mr. Brigham: I would like to ask a couple of questions. Mr. Mayor: And I’m happy --- Mr. Brigham: I’ve got some concerns. Mr. Mayor: Okay, well I’m happy for you to ask those questions if you’d like. Take it away, Commissioner Brigham. Mr. Brigham: I’m curious since we’re going to put a concrete patio over a sewerage but if this something Mr. Wiedmeier recommends to us or not. Mr. Mayor: Mr. Wiedmeier. Mr. Wiedmeir: I felt like if we had this encroachment agreement and would not have to restore the patio that’s going over it whoever had to dig to repair that our interests were protected. Mr. Brigham: So we don’t have to restore it if there becomes a broken line because I know from my son that works in concrete at Fort Gordon with Housing that there is a problem when you have concrete over lines. Mr. Wiedmeier: Yes, sir. Mr. Brigham: And so we’re going to be exempt from having to replace this? Mr. Wiedmeier: Yes, sir. Mr. Brigham: Okay, I feel a little better about it now. Mr. Mayor: Okay, you’re feeling good? Okay, we’ve got a motion. Is there a second? Mr. Mason: Second. The Clerk: We have a 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 10-0. 16 Mr. Mayor: Okay, Madam Clerk, on to the regular agenda. The Clerk: PUBLIC SERVICES 31. Approve amendments to Augusta-Richmond County Code, Title 7, Chapter 1, Sections 7-1-1 through 7-1-120 so as to update and improve the Construction Codes and to allow the Augusta, Georgia Government to obtain permits in a manner similar to homeowners and contractors. ATTORNEY 37. An ordinance to amend the Augusta, Ga. Code, Title Four, by adding a new article to be designated Article 7 and new sections to be designated sections 4-2-77 through 4-2-97; to repeal Augusta, Ga. Code Title Four, Section 4-2-1; to restrict smoking in public places and in places of public accommodation; to repeal all code sections and ordinances and parts of code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. Mr. Mayor: Yes, sir, Commissioner Jackson, did you or oh, Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. In light of I guess some questions and clarity of send Item 31 as well as Item 37 back to committee this particular item Mr. Mayor I’d like to for a discussion. Mr. Mayor: Are you putting that in the form of a motion? Mr. Johnson: Yes, I am. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Mr. Lockett: Mr. Mayor, I had my hand up, I’ve got a question. Mr. Mayor: Commissioner Lockett. Mr. Lockett: On agenda item 31 Article 3, Section 7-1-27 Employee Qualifications my question is why is the director of Planning and Development why can’t he or she be removed from office except for cause? Why are they treated differently from the other directors? Mr. Mayor: Commissioner Lockett, I don’t know that that’s germane to the agenda item. Mr. Lockett: Well, if it isn’t but --- Mr. Mayor: And it --- 17 Mr. Lockett: I won’t argue that point at all but it was there --- Mr. Mayor: Okay. Mr. Lockett: --- and one other too that is germane. Section 7-1-19.2 Subparagraph B under where it says Mothballing Permit. It shows the charge it shows twenty spelled out but then within parentheses it shows twenty-five. Now that is germane. Mr. McKenzie: I’ll make that correction. Mr. Lockett: All right. Thank you very much. Mr. Lockett: Thank you, sir. Madam Clerk. The Clerk: We need to vote. Mr. Mayor: There’s been a motion made and properly seconded. Commissioners will now --- The Clerk: Items 31 and 37. Mr. Mayor: Thirty one and thirty-seven? Commissioners will now vote by the usual sign of voting. Motion carries 10-0. Mr. Mayor: Madam Clerk, next agenda item please. The Clerk: PBULIC SERVICES 32. Motion to authorize an increase in the guaranteed maximum price (GMP) for the inclusion of the smoke evacuation scope as required by the Marriott Corporation and architectural supplemental instructions (ASIs) for the Trade Exhibit and Event (TEE) Center Project. PUBLIC SAFETY 34. Motion to approve award of the Design/Build Construction of a new support structure for the Marshal’s Substation. (No recommendation from Public Safety Committee January 30, 2012) Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle:pull number 32 and Yes, sir, I was wondering if I could actually number 34 back to the committee as well. The Clerk: Thirty-two and thirty --- 18 Mr. Guilfoyle: Four. The Clerk: Four? Mr. Guilfoyle: Yes, ma’am. Mr. Mayor: Are you putting that in the form of a motion? Mr. Guilfoyle: I am, sir, if I could get a second. Mr. Hatney: Second. Mr. Mayor: Okay, we have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign of voting. Motion carries 10-0. The Clerk: PUBLIC SERVICES 33. Approve acceptance of Modification #2 to the Sommers Construction Company’s contract for administration renovations as approved by the Augusta Aviation Commission at their September 29, 2011 meeting. Mr. Mayor: Yes, sir, please come forward. Mr. LeTellier: Mr. Mayor, members of the Commission this is a change order to Sommers Construction Company in the amount of $26,559.34 for additions to the project that renovated the administrative area at the terminal. This was approved by the Augusta Aviation Commission back in September of 2012. Mr. Jackson: So moved. Mr. Mason: Second. Mr. Mayor: Okay, we have a motion and second. If there is no further discussion Commissioners will now vote by the usual sign of voting. Motion carries 10-0. Mr. Mayor: Madam Clerk, next agenda item please. The Clerk: FINANCE 19 35. Motion to approve the Reynolds Street Parking Deck Agreement. (No recommendation from Finance Committee January 30, 2012) Mr. Mayor: Mr. Russell? Mr. Russell: We’ve discussed this on several occasions and we brought forth in our, presented you know we, fact is you’ve got a decent deal on the table at this particular point in time. And we would encourage you to pass that. Mr. Mason: Motion to deny. Mr. Lockett: Second. Mr. Mayor: We have a motion and a second to deny. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. Mr. Administrator, just for the point of record I’d like to clarify that the cities of Los Angeles, Cleveland, Chicago, Boston and New York have all built public buildings on air rights. It’s common practice in government entities in cities. The problem it seems to me is we don’t own the land currently and there are liens on the land. It’s two issues. First issue we issued the air rights to save the taxpayers $1.7 million dollars through tax exempt financing. Would I be correct in saying we could have that land deeded over to the Land Bank Authority and still treat it as a tax free financing? Mr. Russell: We’ve run that through our tax attorneys and they find that to be acceptable. Mr. Bowles: Okay, I will make a substitute motion that this contract be approved pending the land being donated to the Land Bank Authority without any liens and the agreement be limited to five years on both decks. Mr. Jackson: Second. Mr. Mayor: We have a substitute motion and a second. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I don’t care how much we sugar coat this thing it’s not going to work. Violations occurred it’s not straight. I don’t care if we only give it for 30 days. In fact when I requested the forensic audit the Land Bank was one of those I had to be audited. So I don’t see how we are accomplishing anything by doing that. It’s not so much the alleged money that we saved. There’s no proof that this money was indeed saved and secondly there was no proof that authorization was given for the type bonding that was done. Now I think that as a Commissioner as the Governor invited for this city we have an obligation to do what is right. And I don’t see how anyone could blindly support a favorable conclusion with this thing. Now if I could make a substitute for the substitute motion --- Mr. Mayor: No, sir, that’s, I’m sorry you can’t do that. Commissioner Mason. 20 Mr. Mason: Thank you, Mr. Mayor, and I appreciate Mayor Pro Tem Bowles bringing up the fact that there’s several other cities that have done similar, not the same thing. I want to make sure that we’re clear on that. Similar transactions. What he didn’t do, though, he didn’t bring out the specifics of those particular transactions which have some specific differences in what we have. But at the end of the day it’s just not something that I’m going to be able to support. And at the appropriate time, Mr. Mayor, I would like to call for a roll call vote. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: Mr. Mayor, one of the questions I’d like to ask pertains to the motion I believe that the Mayor Pro Tem made is that how is it, I’m confused as to how we can even consider going forward with this. And it sits on land that has a $7 million dollar lien on it. How are you going to designate something to the Land Bank that you don’t own? How can you do that? Because the thing that frightening here is that the amount of money that was paid for the land and the amount of money of the lien don’t have, it’s just sickening unless somewhere along the line somebody’s going to suggest it to the bank that the building was going to be part of the deal. There’s no way you’re going to get $7 million dollars for a piece of land you’re paying $360,000 dollars for. That’s the rule of this and that to be needs to be straightened out before we talk about entering into an agreement. I had no problem with ya’ll doing this month to month. That’s the best I can support. Mr. Mayor: Thank you, sir. Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. I think the whole concept the reason why we’re in the position we are is no different than what just transpired just now. It didn’t give anybody any time to delegate or have any dialogue on this whole issue. The whole problem was it’s been a lack of communication. It being from first of all the property, it didn’t belong to us and then we find out they had liens on it. Now with the idea that the owners, 933 well relinquished the land to the Land Bank it does become in the controls of Augusta-Richmond County which I do like that idea. But we still have to communicate and there hasn’t been any. We ain’t heard from out attorney, Mr. Plunkett. I would like to hear from him before a decision’s made and I would love to have a little dialogue. Because right now you know the whole city’s watching us and what we just proposed on the floor was a matter of maybe forty words. We need more communication than what we have now. That’s the reason why we’re in the position we are. Thank you, Mr. Mayor. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: I listened to Mr. Guilfoyle and I thought of something else. Even if the folks who own the land wanted to donate it they can’t do that with a $7 million dollar lien on it. The person who owns the lien can control the land. Now somebody’s got to come with $7 million dollars before that land can go anywhere. Mr. Mayor: Okay. Commissioner Guilfoyle. Mr. Guilfoyle: Can we get Mr. Plunkett to speak on this? 21 Mr. Mayor: Sure. Mr. Plunkett. Mr. Plunkett: As I spoke last week there is a mechanism in place for the release of the liens, has been since day one. I believe that Wells would agree to the same release and at the end of the day we would have that done prior to the transfer to the Land Bank and the Land Bank would own the rights. Mr. Guilfoyle: So this management, this whole thing is on management fees so on the management service contract this contract would not come into place without having that into effect. Is that correct? Mr. Plunkett: That’s correct. That’s one of the prerequisites is there needs to be a management agreement if affect for the release. Mr. Guilfoyle: Is there anything, any way for the future projects that we have within Augusta-Richmond County have the rights to audits to where there’s no hesitation for people getting the information? Mr. Plunkett: If you’re talking about financial operations, that’s in the document in there. I think it’s much more stronger than we’ve ever had an audit type of provisions in there. I’m certainly happy to try to draft whatever I can into a document. You know we’ve had it looked at by Finance. You know I think it’s a fairly reasonable document. We’ve had other counsel look at it, tax counsel and you know so it’s kind of I think it’s in there as far as the audit issues. Certainly any other agreements that come before this Commission we’re happy to put in any provisions you want there as a matter of policy. Mr. Guilfoyle: Yes, sir. From the way I feel naturally everybody’s been looking at me because I’m a swing vote. I truly believe that there is nobody in here that’s being dishonest. It’s just the process and the perception because of the lack of communication it gave the perception that there is entitlement to wrong doing to happen. But I appreciate it if we could have the right to audits built in. We won’t proceed until we have the signed documents that everything has been swapped over. Mr. Plunkett: Yes, sir, that would be there and I regret any misperception involved in this transaction. It was, you know, it’s not a straightforward transaction but it is a certainly legal and I think appropriate transaction. So I apologize for anything in that regard. But certainly we can step by step on all of the release information. I can bring it to this body in any way that they would like, step by step, you know, document by document. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. You know about ten minutes there about my colleague made a motion to transfer this property to the Land Bank. You know it seems that we’re always in a rush to do things. That’s the first I heard about it but yet as still you’re expecting me to cast a vote. Maybe you assume my vote will be no. This is why I wasn’t 22 consulted. But this is what got us into the problem, one of the problems we have now because we know how to count to six but we haven’t figured out how to count to ten. Until we figure that out we’re going to have problems. It wouldn’t have taken very much to call me up send me an email or something and say hey this is the proposal what do you think about it. At lease I would have the opportunity to say no if I wanted to but then you’re going to throw it out here expecting me to vote on it. I don’t know about my other colleagues. Are they aware of what the intent of this transfer to the Land Bank is? Or are they in the same condition that I’m in not having the slightest idea. Thank you, Mr. Chairman. Mr. Mayor: Okay, I wanted to recognize Commissioner Hatney for a point of personal privilege. Then I’m going to go to Commissioner Bowles and then Commissioner Mason. Mr. Hatney: Thank you, sir. Let me ask you a question, sir. You mentioned that you were going to rectify, you recommended you go on and approve this without any evidence that the Wells Fargo Bank is going to agree to the land transfer with that $7 million dollar loan hanging out there. Are you telling me you want us to agree to this before we know this to be a fact? Is that what you’re saying is what you’re asking? Mr. Plunkett: I’d say it was the motion made by Mr. Bowles. Mr. Hatney: Okay, who made the motion? I’m asking you, the attorney, you’re supposed to be looking out for the city’s best interests. Are you saying to me that you think its right its good business for us to go ahead and approve this stuff here not having a clue what Wells Fargo is going to do. Because banks ain’t stupid, they aren’t hardly going to give away $7 million dollars. They aren’t about to do that. We need to wait until this whole thing is clear. The Administration what he’d been having a month by month agreement until all this other stuff is cleared up. Mr. Plunkett: Sir, prior to the transfer to the Land Bank there will be a release in hand. Mr. Hatney: Release in hand. No, I’m talking about before I vote for this I need to see that kind of stuff. That’s all I’m asking and that’s only fair. I think you ought to want us to see that. I really want to think you’re treating us fair, standing there asking us to vote on stuff like they’ve done already to build a $12 million dollar on land we don’t own and it’s got a $7 million dollar lease on it. And now you’re talking about you think Wells Fargo --- Mr. Mayor: Commissioner Hatney, I would ask you not to say personal remarks to the attorney. Mr. Hatney: Mr. Mayor, you can’t tell me how to talk. I’ve always respected you, I would never disrespect you but at the end of the day I’ve got just as much right to voice my opinion that you have, sir. Mr. Mayor: Yes, sir, I don’t disagree. 23 Mr. Hatney: You might be respected by more folks than me but I’m an elected official too and I am just as concerned about the running of this city as you say you are. Mr. Hatney: Thank you for your opinion. Commissioner Bowles. Mr. Bowles: Mr. Mayor, my motion clearly stated that the contract would be entered into once the land was donated to the Land Bank Authority with clear title, with no lien. Hence you’re not authorized to sign it unless those requirements are met. Mr. Mayor: Exactly. Mr. Bowles: I would also like to say that since I’ve been accused of being careless and reckless by some of my colleagues, my phone rings both ways and it hasn’t been ringing. You know communication is a two way street. I’m sick of being criticized for something that I found out this morning we could do. Mr. Mayor: Okay. Mr. Bowles: And well, I’m, I’ve got one minute, Mr. Mayor. And financial transactions I deal with pretty much every day. This is a complex one. Things happen simultaneously with the transaction when liens are being released from banks. It happens every day in the financial world. Mr. Mayor: Thank you. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. Using the term complex which we seem to throw out at a moment’s notice does not in any way shape or form solidify or validate what we’re talking about here. So we ought not get that twisted. At the end of the day I respect Mr. Bowles absolutely with his financial background and his attention to detail however at the same time we all have the same responsibility as Mr. Bowles and that’s to insure that we’re clear on the details of this transaction. There’s not a single one of us sitting up here can say with any confidence in my opinion that there’s been no issues with this at all so we should just go ahead and rubber stamp this today. What I’m saying is this. I don’t know when you got the conversation. You say this morning. I don’t know who you got it from I know I didn’t get it. I just got it when you just brought it out. I would’ve liked to have some discussion about that. I deal with complex financial situations on a daily basis in the contracting office at Fort Gordon. So I would have liked to have some of that dialogue and some of that talk as well. But the only thing we’re seeing here as far as trying to rush into it when you just made a motion and nobody else had ever heard of, at least I hadn’t to me is not the thing to do at this particular point. So that’s really all I have to say in relation to that. I do appreciate Mr. Bowles I know is meticulous in attention to detail. Mr. Mayor: Okay, we have a substitute motion that’s been properly seconded. Madam Clerk, if you could read back the substitute motion. Mr. Aitken: Mr. Mayor? 24 Mr. Mayor: Commissioner Aitken. Mr. Aitken: Thank you, Mr. Mayor. I think with the management agreement that’s in place as things that the Mayor Pro Tem pointed out, you know, I campaigned on the TEE Center and the deck. I took a lot of heat for what people thought I was crazy and I stood up for it. I still believe in this project and I still believe in this city and I still believe in this downtown. And I’m going to fight for that. We have competent people in place and if they don’t, if they’re not competent we find out about it and we’ve got the means in place to move in the direction that we can correct those. We’re here to do the business of the people. We’re here to move the city forward and so I’m going to support this motion. I’m going to support this city growing and this district has a lot of impact for this whole city. And I hope that we get on board. And I think as we look at the parking the real thing we need to be looking at is a real parking plan for downtown and how do we build it economically and what we’re going to do because I think somewhere we’re sitting, we’re getting the cart before the horse on the plans that we need to do to build this city. It’s not about the personalities, we need to take that out of it. We need to give the respect where respect’s due and some of this gets personal and we really need to be looking at a contract and the facts. I’m thankful for the opportunity to serve in this city and I do want to see the dialogue go forth. There has been phone calls made out this weekend. I didn’t get them back. And I want to continue to reach out and be a bridge builder but that is a two way street. So my colleagues I look forward to where we’re going to go in 2012 and I want to be part of a team that’s going to take this city to the next level. That’s why I ran for office and that’s why I want your support as well as I want to give you my support in building bridges that we need to do for all these people in the city looking for us. Thank you, Mr. Mayor. Mr. Mayor: Thank you, Commissioner Aitken. Madam Clerk, if you could read back the substitute motion, please. The Clerk: The substitute motion was to approve the Reynolds Street parking deck agreement pending land being donated to the Land Bank Authority, clear title no liens and that the contract be for a period of five years for both decks. Mr. Mayor: Commissioners will now vote by substitute --- Mr. Mason: Point of order, Mr. Mayor. I called for a roll call. Mr. Mayor: Okay, roll call vote. The Clerk: Mr. Aitken. Mr. Aitken: Yes. The Clerk: Mr. Bowles. Mr. Bowles: Yes. 25 The Clerk: Mr. Brigham. Mr. Brigham: Yes. The Clerk: Mr. Guilfoyle. Mr. Guilfoyle: Yes. The Clerk: Mr. Hatney. Mr. Hatney: Abstain. The Clerk: Mr. Jackson. Mr. Jackson: Yes. The Clerk: Mr. Johnson. Mr. Johnson: No. The Clerk: Mr. Lockett. Mr. Lockett: No. The Clerk: Mr. Mason. Mr. Mason: No. The Clerk: Mr. Smith. Mr. Smith: Yes. Motion carries 6-3-1. Mr. Mayor: Okay, Madam Clerk, next agenda item, please. The Clerk: ATTORNEY 36. A resolution in support of Augusta, Georgia Commission Elections remaining non- partisan elections. (Requested by Commissioner Jerry Brigham) Mr. Mayor: Mr. Brigham, you requested this? Mr. Brigham: Yes, sir, Mr. Mayor, I asked the Attorney to write the resolution. I I would like a motion that we approve it. believe it’s been a part of the book and 26 Mr. Mayor: We have a motion. Is there a second? Mr. Guilfoyle: Second. Mr. Mayor: We have a motion that’s been properly seconded. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. We constantly talk about Columbia County how well they’re doing. We want to emulate what they’re doing. If I’m mistaken Columbia County has partisan elections. My question is my thought process is why do we want to be different? Columbia County realized that they have a predominant Republican population so it’s beneficial to them. So since we have a dominant Democratic population in Richmond County why can’t it be beneficial to us? Thank you, Mr. Chairman. Mr. Mayor: Okay, thank you, sir. Commissioner Bowles. Mr. Bowles: Mr. Mayor, my suspicion on this one is that this is a new buyer delegation that prevents certain sitting commissioners from being able to run for office because of their employment and I’ll leave it at that. Mr. Mayor: Okay, thank you. We’ve got a motion that’s been properly seconded. If there is no further discussion Commissioners will now vote by the usual sign of voting. Mr. Johnson and Mr. Lockett vote No. Mr. Mason and Mr. Hatney abstain. Motion carries 6-2-2. Mr. Mason: Mr. Mayor --- Mr. Mayor: Yes, sir. Mr. Mason: --- just for the record my abstention I just want to talk about that because of the fact that I am a federal employee. I did not want to vote for it one way or the other to give myself an advantage or disadvantage. So that is my reason for the abstention and I think it might be the first time since I’ve been up here, abstaining. Mr. Mayor: Okay, thank you, sir. Mr. Attorney, is there any need for a legal meeting? Mr. McKenzie: No, sir. Mr. Mayor: If there’s no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission 27 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 February 7, 2012. ______________________________ Clerk of Commission 28