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HomeMy WebLinkAboutRegular Commission Meeting March 6, 2012 REGULAR MEETING COMMISSION CHAMBER MARCH 6, 2012 Augusta Richmond County Commission convened at 5:00 p.m., March 6, 2012, 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. The invocation was given by the Reverend Father Vasile Bitere, Holy Trinity Greek Orthodox Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: If everybody’s ready to go I’d like to go ahead and call the meeting to order. And before we get started I’d like to ask for a moment of silence. We had two city employees lose their lives yesterday. Tommy Cox from the Fire Department and Dale Rhein from the Traffic Engineering Department along with Patrice Toliver who was a young lady who passed in an accident with Dale who is a member of Commissioner Lockett’s church. So if we could have a moment of silence for them please. Thank you. Now I’d like to call on my good friend Reverend Father Vasile Bitere, Holy Trinity Greek Orthodox Church, for our invocation. Please stand. Mr. Mayor: Father, thank you. Madam Clerk, with no presentations which is a bit unusual let’s move on to the consent agenda. The Clerk: Our consent agenda consists of items 1-9, items 1-9. For the benefit of any objectors to our alcohol petition would you please signify your objection by raising your hand. I call your attention to: Item 1: Is a request for an extension of time to purchase a Liquor, Beer & Wine license for a location at 952 Broad Street. No objections. Okay, our consent agenda consists of items 1- 9. Mr. Mayor: Okay, gentlemen, do we have any additions to the consent agenda? Commissioner Lockett. Mr. Lockett: Thank you, Mr. Mayor. I’d like to add 13, 14, 18 and 19. Mr. Mayor: Okay, do we have any further additions to the agenda? Commissioner Guilfoyle. Mr. Guilfoyle: --- eighteen 1 Mr. Mayor: Okay. The Clerk: Are they here? Are they here? Mr. Guilfoyle: Yes. The Clerk: Okay. Mr. Mayor: Okay. Mr. Mayor Pro Tem. Mr. Bowles: Mr. Mayor, I’d like if we could just go ahead and add and approve the item that wasn’t added to the, the addendum to the agenda. Mr. Mayor: Do we have unanimous consent on that? Okay. Commissioner Mason. Mr. Mason: Yes, items number 15 and 17. Mr. Mayor: Okay, do we have any further items to be added to the consent agenda? Mr. Mason: Fifteen, yes, sixteen as well. Yes, sixteen, we’re going to delete. The Clerk: Yes, we’re deleting sixteen. Mr. Mason: Deleting sixteen. Mr. Mayor: Okay. Okay, do we have any items to be pulled from consent? Hearing none I’d look for a, and, Madam Clerk, just for the sake of clarity if we could read back the ones that have been added to. The Clerk: Yes, sir. Our consent agenda consists of items 1-9 with the addition of items 10, 13, 14, 15 the deletion of item 16, 17, 18 and 19. And for the record, Mr. Mayor, on our alcohol petition on item number one there were no objectors. We need to probably on item number ten, Mr. Sherman, are there any objectors present? No objectors present for that one. Okay. Mr. Mayor: Okay, can I get a motion to approve the consent agenda? Mr. Lockett: Move to approve. Mr. Johnson: Second. CONSENT AGENDA PUBLIC SERVICES 1. Motion to approve a request by Clarence E. Banks, Jr. for an extension of time to purchase the Liquor, Beer & Wine license to be used in connection with the S4 Lounge located at 952 Broad St. This request is being made due to continued building renovations. 2 There will be Dance. District 1. Super District 9. (Approved by Public Services Committee February 27, 2012. 2. Motion to approve CSX Transportation to construct a new concrete surface pedestrian crossing at the railroad crossing between the new parking lot on James Brown Blvd. and the Augusta Judicial Center. (Approved by Public Services Committee February 27, 2012. 3. Motion to approve a lease agreement for Sue Reynolds Park with Augusta Arsenal Soccer Club. (Approved by Public Services Committee February 27, 2012) PUBLIC SAFETY 4. Motion to approve the allocation of funding for the Richmond County Sherriff’s Office (RCSO) in the amount of $34,014.00 to implement the Department of Homeland (DHS) State Homeland Security Grant Program. (Approved by Public Safety Committee February 27, 2012) FINANCE 5. Motion to approve the acquisition and replacement of Public Safety Vehicles for the Sheriff’s Office and Marshall’s Office. (Approved by Finance Committee February 27, 2012) 6. Motion to approve a request from the City of Waynesboro for an excess Animal Containment truck. (Approved by Finance Committee February 27, 2012) 7. Motion to approve charging a convenience fee for online purchases made from the Planning & Development Public Portal. (Approved by Finance Committee February 27, 2012) PETITIONS AND COMMUNICTIONS 8. Motion to approve the minutes of the regular meeting of the Commission held February 21, 2012 and the Special Called Meeting held on February 27, 2012. SUBCOMMITTEE Pension/Audit Committee 9. Motion to adopt Amendment to GMEBS Plan 1 regarding conversion of unused sick leave toward retirement credit. (Approved by Commission Meeting February 21, 2012 – second reading. PUBLIC SERVICES 10. Motion to approve a request by Alan Barrett for Toast Wine & Beverages for a Special Events license for 7 days April 2 thru April 8, 2012 to be used in connection with the Legends Club located at 2701 Washington Rd. Suite 15. This is for Masters Hospitality. District 7. Super District 10. (No recommendation from Public Services Committee February 27, 2012) ENGINEERING SERVICES 13. Motion to ratify the agreement between Davis Lawn Care, LLC and Augusta, Ga. for services rendered in connection with the 2011 grant award associated with the G-DOT GATEway Grant for Roadside Enhancement and Beautification in the amount of $31,865.00 for the Deans Bridge Road/Gordon Highway Enhancement and Beautification 3 Project; and First Contract Amendment to expend the remainder of grant funds in the amount of $18,000.00. 14. Motion to ratify Memorandum of Understanding between Georgia Department of Transportation and Augusta, Ga. relating with task associated with design, administration of the Special Encroachment Permit application project name GA10-4 Intersection Gateway Enhancement. (Deans Bridge Road and Gordon Highway.) 15. Approve purchase of the ICOM3 support software for the SOLO Robotic camera totaling $59,250. 17. Authorize the execution of an agreement with the U.S. Department of the Interior U.S. Geological Survey (USGS) for the operation, modeling and analyzing of monitoring wells to investigate water levels and water quality for Augusta’s groundwater production facilities. APPOINTMENTS 18. Motion to approve the reappointment of the following the Community Services Board as recommended by the CSB Ms. B.J. Blackwood and Mr. Lonnie Showman. 19. Motion to approve the recommendation of the Department of Family & Children Services Board (DFCS) to appoint Josue Sanchez to the unexpired term ending 6/30/12 and new five-year term due to the resignation (retirement) of Marion Barnes. ADDENDUM 20. Discussion: A request by Michael Anglin for a Special Event License (One Day Beer) to be used in connection with Tipsey McStumbles, LLC located at 214 Seventh Street. District 1. Super District 9. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Motion carries 9-0. [Items 1-9, 10, 13-15, 17-20] Mr. Mayor: Okay, Madam Clerk, on to the regular agenda. The Clerk: PUBLIC SERVICES 11. Motion to approve the First Amendment to the Augusta Municipal Golf Course Lease Agreement to address capital improvements. (No recommendation from Public Services Committee February 27, 2012. Mr. Mayor: Mr. Beck. Mr. Beck: Mr. Mayor, members of the Commission you will find in your packets information that was requested from the Committee meeting last Monday from our lessee which is The Patch of Augusta, LLC. And I would like to bring to your attention Mr. Brian Hendry, who is chairman of The Patch of Augusta, is here to also answer any questions you may have. Mr. Johnson: Yes, Mr. Mayor. 4 Mr. Mayor: Gentlemen? Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. Of course throughout the last few days I’ve had numerous phone calls and talked to several people in concern with this matter. Of course we have, well me personally I have two main concerns. The funds that were designated for The Patch in regards through by way through SPLOST it was not in the contract when the contract was drawn up. And so I have some reservations there. Also the only that me personally I would consider supporting this $300,000 going to The Patch if we were to re-implement the Wellness Program which has pretty much been done away with through the new management however if we don’t do that I can’t see us putting taxpayer’s dollars into that facility. Because I think in the beginning they had already pretty much factored in what they were going to need to do overall to get their course up to standards, at least their standards and the things they had agreed to do in the contract. So the only way I can support this matter if they agree to implement the Wellness Program and it gives an option to our employees to of course to be able to participate in the program as they did in the past. Otherwise I don’t see it being a benefit for the citizens as well as the employees of this government. Mr. Mayor: Thank you, sir. Mr. Beck or Mr. Hendry? And if you could please give your name and address for the record, please, sir. Mr. Hendry: My name is Brian Hendry. I’m the chairman of The Patch of Augusta, LLC. I can answer Mr. Johnson’s question on the Wellness Program. Before you asked about it we already started a wellness program with the city. It might not be perfect but it’s dealing with, Mr. Beck, I think they had some requests in so we started that procedure. I’m not saying it’s got everything you want but we started it. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. Could you kind of enlighten us on how this program is set up versus the previous program? Mr. Beck: Well, it doesn’t exactly mirror what the city was doing before where employees would sign up and they would be reimbursed through their paychecks. You know that is something I think will have to, we’ll have to work on. You know that program is not in place. There’s some other programs that he’s got going with some city rates and things like that. But as far as the wellness part of it that would mirror how it was done before. We’re not at that point yet but you know if Mr. Hendry wants to get there we’ll certainly be welcomed to talk to him about it. Mr. Johnson: Well, I mean me personally I and I think that’s where we need to be. We need to pretty much look at the program that we did have in place. I think that’s the benefit overall for the employees. And I think it’s fair enough to say otherwise I think we can pretty much count numerous facilities that we can use the dollars for. And I think that’s just my approach to this whole thing. And I think I don’t know whether my colleagues have anything different but I think for the taxpayers to understand where the dollars are going and why they’re 5 going there we’ve got to have something to substantiate the reason for us putting that $300,000.00 into this program, into this facility. Mr. Hendry: Okay, if I can just come in here and --- Mr. Mayor: Yes, sir. Mr. Hendry: --- I wish to answer your questions direct. If I can go a couple of steps back. This city built this municipal golf course back in 1928 a great vision to do that. An even greater vision than getting a Scotsman to do it. But I’m only the custodian for the next seven years maybe a little bit more if there’s an extension. And already I think the insurances are put in place. It must be $45 million to cover the clubhouse built in 1999. A new pump house, new maintenance sheds and the other developments we’ve got going on. So already it’s a million pound project. All the figures have been in the past and last three or four years about the losses it makes. It also brought in a lot of money. Brought in a lot of money lost a little bit. Five six hundred thousand was mentioned over a seven year period given a three year into four million. We’ve already started investing. Our members, just to let you know where the membership program we put in the most expensive membership is $500.00. You play as many times as you like for 50-weeks a year. And unprompted we have a member here today who I think comes to all the meetings. His golf costs him $2.00 a round. Is that correct? On average we have many people who are in the category. Some are $5.00 and if they play once a week it’s $10.00. Now the way we do that is because we’ve told them about the Masters and already for the Masters just to let you know it’s already going to work. We’ve already got one booking it basically subsidized the golf. So I’m the custodian. We have to keep on reinvesting. Reinvest on the city’s asset to make it great, a great municipal course. I will match everything we’re doing. You’ve seen the changes. It’s purely for the golf course, purely for the clubhouse to make it better for the members. I’m here not as a private individual who wants to make money. I am here to protect our members today. I’m here as the chairman of The Patch. New facilities, better facilities, showers you cannot change your shoes in there. Okay? Kind of out of the shower, toilet facilities, bathrooms are not suitable for the ladies I wouldn’t think so we’re putting in ladies locker rooms, gents locker rooms putting in showers, change your shoes, we’re making things better. All improvements to the golf course and the clubhouses to protect the asset. 1999 was quite a long time ago. The clubhouse still looks great it’s beginning to get tired. We need to reinvest. I think if we reinvest money in the golf course and I match it the asset will grow stronger. We need to protect it for the next generation. It’s been here for 85 years why not the next 85 years and we keep that policy of keeping the rates for the general public fair and reasonable. It might be some of the cheapest rates in Georgia. A lot of thing as well but at the moment we are the most private golf clubs in the U.S. Our membership is very, very small. It’s now 120 members and building slowly. Now we’ll get more members the more we invest. We now have to start getting them other places. And other places will have changing facilities that are practice facilities. They judge it, they do. They watch the dollar just now they judge yeah The Patch is cheap but I can get that, get that, get that. The more facilities we invest in the more people we’ll get playing. The people from the city will employ more people. I think it’s an investment for the future and that’s what I’d like for you to consider. The Wellness Program we are working on. 6 Mr. Mayor: Thank you. Commissioner Guilfoyle the Commissioner Mason then Commissioner Lockett. Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Hendry, I had, when this thing first came across and I was reading it on the agenda I believe this wouldn’ve been a major factor on our bargaining when we was outsourcing. Apparently you wasn’t aware of this $300,000. Mr. Hendry: I wasn’t aware until after. Mr. Guilfoyle: Right. But everything in your vision and your dreams and your desires to make The Patch grow and succeed is what was originally stated in your dialogue when we was talking as well as what’s on the media. But any upgrades and improvements you was going to do on your own. Nothing has changed on that course expect that the fact that the SPLOST money is here facing us now. Now I had people call me from my district I had golf courses call me to talk about fairness. What did they get? They pay taxes as well and I actually told them I was not in favor of it. And to be truthful, Mr. Hendry, I’m still not in favor of giving out $300,000 because that wasn’t part of the bargaining in the beginning. Mr. Hendry: Correct. I didn’t know about the $300,000 but I have to fight for the golf course. I have to fight for the members and just to add one more thing. Again it can be confirmed. We started the investment. Irrespective of the list there is a new list. We have to improve it every day. If you go to The First Tee, the First Tee’s been remodeled, huge bunker going in the right hand side so we’ve started it hopefully in the next two or three weeks it will be finished. So we’re working on the golf course. So what we’ll do is we’ll do more. That’s why I said I would match it. Mr. Guilfoyle: Okay. Mr. Hendry: So we will match anything that’s put in and that can be done with the city’s Parks and Recreation Department. We will match any funds. The more we both invest we protect the asset for everyone. Mr. Guilfoyle: Right. Mr. Hendry, no disrespect whatsoever but in my district where I actually vote at when I vote it today we’ve got a community center that’s actually leaking like a stuffed pig. And I’ve got over sixty towers that’s fixing to fall because of not being taken care of. Mr. Hendry: I understand. Mr. Guilfoyle: We could use that money elsewhere. Mr. Mayor: Okay. Commissioner Mason then Commissioner Lockett. Mr. Mason: Thank you, Mr. Mayor. Mr. Hendry, I can appreciate your vision and the way that you articulate it as well. The fact of the matter is as far as I’m concerned is that a deal’s a deal and that was the deal that you made. I fully understand through contacts and so forth that 7 you’re a great businessman and so I think you would probably be remiss if you didn’t come up here and try to get that $300,000. And so but then I would be remiss if I voted to give you that $300,000 for these two reasons. Number one when the SPLOST comes into effect and that’s the monies you’re talking about in my opinion we’ve done, we’ve hoodwinked the community to some degree when it comes to SPLOST and a lot of those monies that are designated for SPLOST projects such as this one right now is not even in the city’s hands. Now you’re talking about both of us investing or the fact of the matter is no matter how much we invest we’re only going to get a $1,000 back a month period. Because that’s what the contract goes for. Now if you’re willing to give us a little bit more money back, if that’ something that you’d be willing to consider maybe $5,000 maybe $10,000 perhaps you know that would be something that you know I might could consider. But the fact of the matter is that we’re only going to get $1,000 back a month for the next seven years based on the contract and to me that does not pass the common sense test in terms of putting the city’s funds in there. If I need some more time, Mr. Mayor, you can --- Mr. Mayor: I’ll tell you when you’re at two. Mr. Mason: Okay, thank you. But being a good businessman understanding the course that you were receiving you knew that you would have to invest in this project. There’s just no two ways about that. I’m sure of that otherwise you would not have wanted to be a part of that. I do not blame you for coming up and trying to see if you can procure this $300,000. I can’t do it. Mr. Hendry: I understand that. Can I respond? Mr. Mayor: Okay, yes, sir. Please. Mr. Hendry: First of all you may get more than $1,000. The lease was only a short term lease. To put major investment in you need a longer lease. So I’m here for the next seven years. I’m not going away. If the lease can be extended I’m always willing to talk. The more money as I say we put into this golf course I think the more it’s worth. And I think this golf course will be worth an awful lot of money in terms of revenue but also an esteem for this city in the years to come. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Mr. Hendry, I too am a fighter so I think you and I might be able to understand each other. The municipal golf course is in a district which I represent and I represent proudly. And I’m concerned not only about my constituents but the members of that particular golf course. That golf course has some significant meaning to me and many others. And like you said it’s been there since 1928. We had a group of local citizens that I thought, that I thought was competing against you on this particular contract until I read the contract a little further and found out that there was nobody else. The group of local people that were had their names on the list but evidently they weren’t impacted by this RFP. The contract clearly states who will provide equipment, who will do this. It’s spelled out there and my question to you how did you find out about this $300,000 in SPLOST money? 8 th Mr. Hendry: I found out about a meeting I think on the handover maybe on the 28 of December? Mr. Lockett: No, but how did you find out about it? Mr. Hendry: With a meeting with Mr. Beck. Mr. Lockett: Did Mr. Beck tell you that? th Mr. Hendry: The 28 meeting? Yeah? Mr. Beck: Sure. Mr. Hendry: We were doing a handover just before we took over the first of January. th The first time I heard about the money was about the 28 of December. Mr. Lockett: But I have a problem with that. I cannot understand how a person representing the city would try to give $300,000 of the taxpayer’s money to this private individual. Mr. Beck: No, sir, you’re the only ones who can give that money because the monies were already allocated to the municipal golf course by the voters, by the voters. And you are the only ones that can change that and that’s why we have this agreement. Mr. Lockett: No, I understand that. I understand we’re the ones that can change that but what I don’t understand is why would you go to him? Why wouldn’t you come to the Commission first and say this is the recommendation that I would like to make without getting him involved? And another thing I don’t understand either, Mr. Beck, is he has indicated several times today that he’s willing to put up matching funds. But two weeks ago he hadn’t even been consulted about putting up matching funds. That’s something that came about in the last two weeks. Mr. Beck: Well, he never put it in writing. He was asked to put it in writing. That came out of the committee meeting last (inaudible). Mr. Lockett: When I spoke with you, Mr. Beck, two weeks ago you said that he had not been consulted about matching funds that you would check with him. Mr. Beck: Not in writing. We’ve had many discussions about all the improvements that he wants to make up there. And I’ve been in dialog with him about those improvements the whole time. Mr. Lockett: I don’t know whether I’ll get the votes or not but this is what I would like to go by what’s in writing. This is the contract that was signed. Thank you, Mr. Chairman. 9 Mr. Mayor: Thank you. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. You know it’s seems to me that you know since I’m the only one that voted against the sales tax last time leaving this body because of certain things going to private entities such as The Augusta Symphony which we have no control over. Paine College which is a private institution and not a public school which we have absolutely no control over. We’re talking about a municipal golf course that’s got to stay public got to keep it affordable. The voters voted on it. I don’t play golf there. I could care less but if we want a good golf course the voters obviously voted on that sales tax package that had a lot of other things that I didn’t think were necessary projects in it. And I’m going to make a motion to approve this. Mr. Mayor: Okay. Is there a second? Mr. Smith: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Mr. Lockett: Yeah, Mr. Mayor, I’d like to --- Mr. Mayor: Okay. Commissioner Lockett the Commissioner Brigham. Mr. Lockett: You know it’s amazing how some of us are so willing to give away the taxpayer’s money without questioning it. Like I think one of my colleagues indicated we have quite a few recreational facilities. Lots could be done with $300,000.00. Mister Hendry is obviously not suffering for money. If he doesn’t get this $300,000 he’s not going to go out of business. But I can tell you this. The next time SPLOST comes up I think the voters are going to take a second look at it. Thank you, Mr. Chairman. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, I hope the voters do take a second look at SPLOST next time and look at our management of it. We promised to them that we would spend $300,000 on an investment, the Augusta Municipal Golf Course that we own. That we will own when Mr. Hendry’s contract is up, that will need improvements now and then. That is our golf course. Those improvements are our improvements. Those improvements should be brought back to us to vote on what they’re going to be. I believe that’s what’s always happened with SPLOST dollars. I don’t see no difference in investing in that then investing in any other park because that is what we promised the voters we would do. That’s what they voted for. That is what we’re obligated to do. But now that we have it leased we’re going to take the money from one asset transfer it to another asset and we don’t have them question even further our ability to manage SPLOST. Thank you, Mr. Mayor. Mr. Mayor: Okay. Commissioner Smith and then Mr. Mason. 10 Mr. Smith: Mr. Hendry. That is correct, right? Hendry. Anyway I just want to say that checking around and since I play golf my handicap’s horrible. But anyway I’ve been over there and I want to say that most of the comments I’ve heard of what’s going on over there that it’s very positive and those that play golf really appreciate what you’re trying to do over there. And it’s a city asset and like I say it’s the future of Augusta because when you say Augusta, GA you think golf. And that would be a drawing card and what you’re doing over there and propose to do would just be better for Augusta as a community. And golf is one of our biggest assets. And that course and piece of property I played there when I was eight and ten years old and to me it hasn’t changed that much over the period. But from what you’re planning on doing and doing for all the people there is to be commended. And I think that the money was set aside for this and the taxpayers know it if it should be used. And if you’re going to match that’ll make it even better. So thank you. Mr. Mayor: Okay and, Mr. Mason, before that I just wanted to add on to what Commissioner Smith. I think we do need to look at making strategic investments in the future of the city. I think this is one of those. We are known as the golf capital of the world. And I just wanted to voice my opinion that I believe this is something we should pass. Once again and I do agree that it was dedicated towards that and that’s the way it was represented to the voters as well. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. Mr. Smith makes some good points as well as you do as well. Now strategic investment that’s a good word to use because that’s exactly what we did when we leased it out. That was our strategic investment so that we would be off the snide for certain dollars on this particular golf course. Now in the contract that you signed stated that you would do the improvements. So you know from that standpoint I don’t have a problem with that because that’s what you signed. It was an agreement. There was an offer there was consideration you signed here’s an agreement. Short of that there’s nothing else that I can say from my standpoint of view because that’s the way America works supposedly. Now there was a mentioning of management of SPLOST dollars. It’s kind of funny that from my fiscal conservative on the other end there at the end of the day when we talk about other SPLOST projects there was never ever an intent for the taxpayers to pay anything but $20 million dollars when it came to the TEE Center. The parking deck wasn’t even in there anywhere when any of this other stuff or when any of the costs of Laney Walker or any of that. Lo and behold, all of that came in with somewhere between 80 and 100 million dollars when the taxpayers voted for you know what $20 million dollars. So mismanagement, my friend, of SPLOST dollars is probably absolutely correct. So we need to start taking good care of that and we need to start today. And today would be a good opportunity to do that. I’ve heard great things about what’s going on out there and I expected that because that’s the deal that you made and you knew what you were up against. I don’t think you’re going to go out whether you get the money here today or not and not do what you say what you were going to do because you have a contract. That’s what you said you’d do. And so I don’t have a problem then utilizing those taxpayer dollars on SPLOST funds in other like areas because we have the ability to do that simply because it’s there and simply because they voted for it at a time when it was in city hands and city was supposed to reap the benefits up out of that. Yes, that’s exactly how it was --- Mr. Mayor: Okay. 11 Mr. Mason: --- put. If in fact you want to go ahead and put it back out to the voter and let them find out whether we’re going to spend $300,000 dollars --- Mr. Mayor: Okay. Mr. Mason: --- maybe we need to do that. Mr. Mayor: Thank you, Mr. Mason. Mr. Mason: Thank you, Mr. Mayor. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Mr. Mayor, just a quick point of clarification. The parking deck and Laney Walker are not SPLOST projects. Mr. Mayor: Well, they’re not germane to this issue either so let’s just move along. There’s been a motion that’s been properly seconded. If there’s no further discussion --- Mr. Mason: Roll call vote, Mr. Mayor. Mr. Mayor: We will, a roll call vote has been requested and Commissioners will now vote through a roll call vote. The Clerk: Mr. Aitken. Mr. Aitken: Yes. The Clerk: Mr. Bowles. Mr. Bowles: Yes, ma’am. The Clerk: Mr. Brigham. Mr. Brigham: Yes, ma’am. The Clerk: Mr. Guilfoyle. Mr. Guilfoyle: No, ma’am. The Clerk: Mr. Jackson. Mr. Jackson: Yes. The Clerk: Mr. Johnson. 12 Mr. Johnson: No. The Clerk: Mr. Lockett. Mr. Lockett: No. The Clerk: Mr. Mason. Mr. Mason: No. The Clerk: Mr. Smith. Mr. Smith: Yes. Mr. Guilfoyle, Mr. Johnson, Mr. Lockett and Mr. Mason vote No. Motion fails 5-4. Mr. Mayor: Okay. Thank you for being here, though, and thank you for your investment in Augusta. I do want to say we appreciate it. Madam Clerk, on to the next agenda item. The Clerk: PUBLIC SERVICES 12. 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. (Approved by Public Services Committee February 13, 2012) (Referred from February 21 Commission meeting) (No recommendation by Public Services Committee February 27, 2012) Mr. Jackson: Move to approve. Mr. Mayor: Do we have a second? Mr. Aitken: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Mr. Mason: Yes. Mr. Mayor: Okay, Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. Not to belabor the point but I do want to say for those who have consistently throughout the kind of intimidation factors and threats of not having a good relationship if we don’t get this or what not that’s getting a little old. Really because this 13 city has put out millions upon millions for the Marriott and the LLC to do what has been done not only through this time but this first building. So when we use those terms I find it a little bit disingenuous especially considering some of the things that I’ve gone through personally with this, with these deals. So I don’t know what’s going to happen here today but using that tone towards the citizens of the taxpayers money as if there’s some sort of entitlement to it and I’ve heard some folks say well it’s in the budget. A budget is just that if you don’t need it you don’t spend it. And so from that standpoint I would hope that we would still be able to do what’s best for this community one way of the other. But futuristically with regards to what goes down those terms of you know if we don’t get this then this or we’re going to back out I mean and we’re going to, I mean that’s, that’s the type of pressure that’s I don’t buckle under that. And I hope others would not either when we’re talking about dealing with taxpayer’s dollars. The fact of the matter is there’s a lot in this particular contract to include kitchen equipment and so forth that we could really dissect. Now I’m going to ask the Clerk if I could, please, I would like to get all communications that happened between Mr. Russell, Mr. Plunkett and whomever that was supposedly --- Mr. Mayor: Two. Mr. Mason: --- yes, sir. If I could --- Mr. Mayor: Mr. Mason. Mr. Mason: --- thank you, that supposedly went down in the discussion of trying to get them to down on their standards or either take over a portion if not all of the price of the increase in itself. There would have to be some sort of record I would assume of these discussions that happened between any and all of those parties so that we can figure out exactly what went down in the negotiation process that supposedly took place all the way back to October I think was told. And so if we could do that regardless what happens here today I’d to see, I’d like to request something like that so I can have that and take a look at it and then be able to move forward at that point. Mr. Mayor: Okay, actually Commissioner Johnson had his hand up first and then Commissioner Guilfoyle. Mr. Johnson: Thank you, Mr. Mayor. Of course over the last week we definitely, well, I know I’ve done some research in this matter and it’s exactly what I thought it was. It was a big form of mass communication that was not handled the way it should have. And I think the key component here is communicating to the leaders to let us know exactly where we are with projects like that. Back in October, September/October obviously they knew then that this was a matter that needed to be discussed but they I guess refused at that particular time or thought it wasn’t important to bring it to the Commission to make us aware of what was going on. Now mind you this. This project was budgeted at well initially it was $38 million dollars set aside to build this TEE Center. Right now we’re right at about $29 million dollars. You’re talking about another hundred about eight hundred some thousand dollars another million is $30 million dollars. We’re still under budget but the bottom line of it is when things like this occur it needs to be brought before the Commission or at least discussed so we’ll have a heads up of what’s 14 going on because when it comes to us five or six months later, in other words the ninth hour it makes us feel as if we weren’t part of the process in knowing exactly what was going on. And I don’t feel comfortable making decisions like that. I understand that this project must go on. Of course it’s something that’s about 70% complete and I want to support this but ya’ll make it extremely difficult for us to support anything when you come to us in the ninth hour instead of communicating and letting us know throughout the process this is what we’ll run into and as a result we may have to do this. You know that way we can brainstorm and make decisions otherwise. But in the future I would hope that whoever it may be whether it’s the project manager or the engineer or the administrator somebody needs to notify us on what’s going on so we can make a intelligent decision and not be put in the position to make a decision at the last minute or then say oh the project’s going to stop or this is going to happen in the long run. So I just wanted to kind of put that out there, Mr. Mayor, and I appreciate the time. Thank you. Mr. Mayor: Thank you, sir. Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. We’re all looking in the right direction but we hired in a construction management company and they are the only ones we have not heard from. We need to focus on that. They are the ones that actually oversees the job to make sure it’s on schedule. They’re the ones who put it on fast track that’s who we really need to speak with. They’re the ones that need to come up not the owner of the property, not the Administrator and I would like to hear from them if they’ve got a minute. Mr. Mayor: Do we have somebody? Yes, sir. Mr. White: I’m assuming he’s talking about a hearing? Mr. Guilfoyle: Yes, sir. Mr. White: Okay. You have a question? Mr. Guilfoyle: Yes, I do. I’d like to know what has transpired for this to come up and cause all this problems as far as confusion about this change order. It was last week you had stated that you were trying to get it below to state standards versus the Marriott standards and I was asking if you were successful with lowering any of the Marriott standards. And I think your answer was no and I was interrupted at that point so some of my conversation was ended. Mr. White: Well, to the best of my knowledge this was the only standard that we felt that was you know was above and beyond that we needed to try to see if we could negotiate with them and get it back down to state standards. That’s basically what we did. We kept the money and contingency in case we weren’t able to and we started back in October. And we have meeting minutes from all the meetings and conference calls we had not only with the Marriott here but also in New York. And the Marriott here was involved also with trying to get corporate to come off their standards. Mr. Guilfoyle: Okay. Heery is responsible for the budget the track and the time line? 15 Mr. White: That’s correct. Mr. Guilfoyle: How come Heery has not came before this Commission to discuss this and --- Mr. White: Actually it’s been in every monthly report I give. Mr. Guilfoyle: Right but face to face? I mean we get a lot of information given to us each week and it’s overwhelming at time for us to look at everything. It’s impossible. Mr. White: I don’t mean to interrupt you but my understanding is our point of contact is Fred Russell and, you know, every meeting we have with Fred we tell him where we are with the status. My door is open if you have any questions about anything or any of the Commissioners if you want to call me into a special meeting to go over all the projects I’d be more than happy to do that. Mr. Guilfoyle: Yeah, what was odd for me though is with all this that’s been going on these past couple of weeks this past month with this TEE Center as well as this parking deck not one phone call came from Heery which is managing the project. Mr. White: Well, like I said, my door is open and you have my phone number. Mr. Guilfoyle: My door’s open and my phone rings as well, sir. No, it’s a two way street and I would try to reach out next time and I expect that same thing. Mr. White: That’s what I would ask. If you have a question or concern I’d be more than happy to try to answer your questions. Mr. Guilfoyle: Thank you. Mr. Mayor: Any more? Commissioner Bowles. Mr. Bowles: Mr. Mayor, I’d just like to say that you know I contacted Heery I guess last week after the meeting and I received an email back from them listing eight other convention centers in the three state area that have the exact same standard that they’re requesting for this one including the one in Macon, Georgia which is owned by the city of Macon. I think you know we have state standards which is the minimum requirement. You know I don’t think Marriott’s going above and beyond this state minimum just because they want to waste taxpayer’s money. I think they’re doing it for a safety reason and because of that, you know, I’m in support of this motion. Mr. Mayor: Okay, 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. Mr. Mason and Mr. Lockett vote No. Motion carries 7-2. 16 Mr. Mayor: And, Madam Clerk, I believe that disposes of our agenda. Mr. MacKenzie, any need for a Legal? Mr. MacKenzie: No, we don’t have a need for a Legal today. Mr. Mayor: If there’s no further business to come before the body, gentlemen, thank you for a good meeting 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 March 6, 2012. ______________________________ Clerk of Commission 17