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HomeMy WebLinkAboutRegular Commission Meeting July 17, 2012 REGULAR MEETING COMMISSION CHAMBER JULY 17, 2012 Augusta Richmond County Commission convened at 5:00 p.m., July 17, 2012, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Smith, Aitken, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hons. Hatney and Mason, members of Augusta Richmond County Commission. The invocation was given by the Reverend Willie James, Pastor, First Shiloh Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: And call to order the regular Commission Meeting. And I’d like to call on Reverend Willie James, Pastor of First Shiloh Baptist Church for our invocation. Please stand. Thank you for that invocation. Reverend if you could come forward we’ve got a little something for you. By these present be it known that Reverend Willie James, Pastor of First Shiloh Baptist Church is Chaplain of the Day. For his civic and spiritual guidance demonstrated throughout the th community serves as an example for all of the faith community. Given under my hand this 17 Day of July 2010. Deke Copenhaver, Mayor. Thank you, sir. (APPLAUSE) Madam Clerk, on to the presentations. The Clerk: PRESENTATION(S) A. Presentation by the Fire Chief of the Meritorious Service Award to Sgt. David Moose, Firefighter Eddie Hightower and Firefighter Jeremiah Clemons for assisting with CPR saving a life on April 12, 2012. The Clerk: Are the firefighters here? Okay, well, we’ll, okay. We’ll move forward with our recognitions. We’re going to defer presentations. Chief James says that the firefighters are in route. Mr. Mayor: Okay. The Clerk: They’re on their way. We’ll move next to our recognitions. RECOGNITION(S) 2012 Georgia Municipal Association. B. Congratulations! During the 2012 Annual Meeting of the Georgia Municipal Association Commissioner Corey Johnson was elected President of GMA Seventh District; Commissioner Bill Lockett received a certificate of Excellence and Commissioner Grady 1 Smith received a Certificate of Recognition from the University of Georgia Carl Vinson Institute of Government and Georgia Municipal Association. The Clerk: At this time we would like to acknowledge and offer our congratulations. During the 2012 Annual Meeting of the Georgia Municipal Association the Augusta Commission had members receive recognition. And to give you a background on their achievements the Harold F. Holtz Municipal Training Institute is a series of training programs for Mayor and Council Members to enhance their knowledge and skills. The program has four levels of certificates: (1) Recognition; (2) Achievement; (3) Excellence and (4) Distinction. At the 2012 Annual Meeting of the Georgia Municipal Association Augusta was represented by Commissioner Corey Johnson who was elected President of the Georgia Municipal Association Seventh District. Commissioner Bill Lockett received a Certificate of Excellence and Commissioner Grady Smith received a Certificate of Recognition from the University of Georgia Carl Vinson Institute of Government and the Georgia Municipal Association. Congratulations. (APPLAUSE) Mr. Bowles: Mr. Mayor? Mr. Mayor: Commissioner Bowles. Mr. Bowles: While Commissioner Smith was recognized and Commissioner Lockett was excellence so (inaudible) he didn’t study for the test. Mr. Smith: He knew the teacher. The Clerk: Commissioner Johnson, congratulations on being President of Seventh District. Our next is our Hazard Mitigation Plan. RECOGNITON(S) Hazard Mitigation Plan C. Recognition of the approval of the Augusta-Richmond County Multi-Jurisdictional Hazard Mitigation plan by GEMA and FEMA and recognition of the Members of the Augusta-Richmond County Multi-Jurisdictional Hazard Mitigation Plan – Planning Committee and Stakeholders Committee. Mr. Mayor: The City of Augusta has received notification from the Georgia Emergency Management Agency of the approval by the Federal Emergency Management Agency of the Augusta Richmond County Multi-Jurisdictional Hazard Mitigation Plan. An excerpt from the approval letter reads: We commend Augusta Richmond County for the development of a solid and workable mitigation plan that will guide hazard mitigation activities over the coming years. The Augusta Richmond County Multi-Jurisdictional Hazard Mitigation Plan has established a firm foundation to pursue many valuable and needed mitigation projects that have been identified by Augusta Richmond County. Implementation of these projects will ultimately make your community a safer place to live and sustainable even through times of disaster. I’d like to take this opportunity to recognize the Hazard Mitigation Update Planning Committee and the Stakeholders Committee for the time and energy that they put into this outstanding planning 2 process. These individuals represent a diverse cross section of Augusta’s governmental business and community leaders and they are to be applauded for their exceptional work on this project. If everybody’s here that’s on those committees could please stand as I call your name. Audience, please hold your applause until I recognize all of the committee members and there are a number of them. So I’ll try to read through these relatively quickly. Commissioner J.R. Hatney, Commissioner Grady Smith, Mayor Deke Copenhaver, Fred Russell, Chief Wayne Taylor who also served as chair for both committees. Sharon Bennett, who also served as the secretary of both committees. George Patty, Scott Gay, Robert Buchwitz, Commission Chairman City of Hephzibah. Mayor Patricia Cole, City of Blythe. Tameka Allen, Bill Shanahan, Bill Wright, Planning Commission Chair. Michele Pearman, Randy Rashid, Health Department. Jonathan Adriano, Georgia Health District Six. Dominic Nutter, Jack Womack, Abie Ladson, Hameed Malik, Rob Sherman, Chester Wheeler, Tom Wiedmeier, Dane Sherouse, Earl Hillson, LAPC Chair. Frank Carl, Augusta Ports Authority, Scot Hyess US Army Corp of Engineers, Jason Hunter, FEMA, Lynn Keating FEMA, Brian Laughlin, GEMA, D. Langley GEMA, Tom McQueen, Georgia DOT, George Brenner, Georgia DOT. Steve Abbott, Georgia Forestry, John Ambrose, Georgia D&R, Steve Willard, Fort Gordon, Bill Walls, Solvay, Philip Delk, Alonco, Susan James, University Hospital, Ken Wells, MCG Health and MCG, David Brown, VA Medical Center, Brad Thompson, Doctors Hospital, Bill Welch, Trinity Hospital, Tom Knight, South EMS, James Dray, Paine College. Jasper Cook, Augusta State University, Chief Patrick Clayton, Richmond County Board of Education. Brad Boardman, Beacon Blue, Barry Storey, Hull, Storey Gibson Companies. Susan Parr, Augusta Metro Chamber of Commerce. Scott McGregor, Augusta Metro Chamber of Commerce. Barry White, Augusta Visitors and Convention Bureau. Jennifer Pennington, Red Cross, Brian Lucas, Red Cross, Katie Atkinson, Salvation Army, Hazel Lindgrall, Central Savannah River Land Trust. Tanya Bonitatibus, Savannah River Keeper. Susan Nicholson, Southeastern National Sciences Academy. James Germany, Elderberry Subdivision. Bobby Hankerson, Breeds Hill Plantation, Leo Jackson, Bel Air Hills Estates and Calvin Holland, Laurel Hills. Can we give them a round of applause? (APPLAUSE) Mr. Mayor: Congratulations. The Clerk: Well done, Mr. Mayor. Mr. Mayor: They’ve given me the hook at the Oscars. Okay, Madam Clerk, do we have, is Chief, are the firefighters here yet? The Clerk: They’re not here yet. They received a call and in the middle of the call, they did the call --- Mr. Mayor: Well, we’ll go ahead and go onto the delegations and then --- The Clerk: Okay. The Clerk: 3 DELEGATIONS D. Ms. Lori Davis RE: “These are the times that try men’s souls.” Who owns your soul? Mr. Mayor: And if you could keep it to five minutes, please. Ms. Davis: I come before you today once again as a citizen, a very concerned citizen. Most of you know me and know what I stand for in this community. You are well aware I belong to a group of like minded individuals who are worried about the directions this city has taken in the last several years. This is no ordinary group. We have the capabilities among us to uncover information that has been deeply buried. In voicing our opinions our group has sometimes been applauded by members of the city government. To you we say thank you. Other times we have been merely tolerated. In some cases we have been treated with outright hostility. I remind you if it weren’t for this group you as Commissioners as we as citizens would have never known the truth about questionable projects such as one in particular that you are here to discuss and vote on today, the lopsided parking deck agreement. Citizens deserve the truth and the taxpayers have paid for this truth. I was rather rudely reminded this last week by two separate Commissioners of the place that citizens have in the process of government. No surprise here. We’ve gotten used to it. In conversation Commissioner Brigham basically said that there are people that come before this Commission with a variety of unimportant issues. Commissioner Joe Jackson said on camera that a forensic audit should not be done to satisfy a special interest group. We can assume they were talking about our group of dedicated individuals who wish nothing more than that the truth be told to all citizens. I was saddened to hear these Commissioners speak this way. I was embarrassed for them and embarrassed for us. Gentlemen we the citizens of Richmond County are your special interest group and nothing we are any other citizen brings before you should ever by viewed as unimportant much less verbalized. I believe I know the reasons for the attitude of certain members of city government towards our research team. After we began to investigate the TEE Center Parking Deck deal it became apparent that the deals were put together from day one that were never in the best interests of the city but were from the very beginning slanted in favor of the companies that are involved. This is not conjecture or is it as Mr. Brigham told me just my opinion. It has been proven through open records requests paid for out of our own pockets along with some good old fashion detective work. Most of the material we have uncovered has been dutifully forwarded to you in order to help you better grasp the scope of the problems that we face. We challenge you to stop and think about your future votes as all eyes are now upon you. Let me be clear. We don’t necessarily blame the businessmen involved. They are doing what savvy businessmen do. They get the best deal for their company. We would hope that these same businessmen would have some sense of moral duty to the community in which they live. We don’t see that sense of civic mindedness here. Moral bankruptcy and the pursuit of monetary gain is an affront to hard working, taxpaying honest citizens, although not legal disturbing nonetheless. We also do not hold individual Commissioners nor the Mayor wholly to blame unless the city charter has changed and Commissioners become full time public servants we cannot expect them to spend the time to investigate these deals. However we do take issue with those who are paid large salaries to look out for the taxpayer interests. And you should as well. They are specifically the City Administrator Fred Russell along with his one-man outside legal team Jim Plunkett. They 4 are the ones who let the citizens of this county down. They have let you down by agreeing time after time to deals that were never in the best interest of the taxpayer. Sadly in the case of the parking deck agreement we the people were the last on the list of special interest when this deal was crafted. Given Augusta’s current financial situation we can ill afford to continue to do business this way. The recent First Friday incident illustrates the problems created from funneling money into lopsided deals thereby having less to spend on more important things like public safety. We are now reaping what we have sown by wasting these public funds and resources on various pet projects to benefit the few rather than the whole. I ask all of you here today knowing what you now know about this parking deck deal and this form of deal making within your own ranks, how will you proceed? Will you be remembered as the one who began to right the ship or one who continued down his own path into moral bankruptcy? Mr. Mayor: Okay, your five minutes is up. Mr. Lockett: Mr. Mayor, could I request she get an additional two minutes, please? Mr. Mayor: I will tell you just to be fair to everybody, Commissioner Lockett, I always try to keep everybody to five minutes. Mr. Lockett: Exceptions can be made, Mr. Mayor. It’s up to you. Mr. Mayor: Yes, sir, well, I’ll tell you I’m just going to keep on with the same way I’ve been doing things. Mr. Lockett: But I do believe that this is something the public has an interest in. I think it’s extremely important. Mr. Mayor: But you and I haven’t --- Ms. Davis: I’m on my last paragraph. Mr. Mayor: Okay, I’ll let you read your last paragraph. Ms. Davis: I recommend today that you do the right thing, table the current parking deck agreement until the proposals can be studied and compared. In last week’s parking deck workshop Jim Plunkett was specifically tasked by you to do this. Also move forward with a forensic audit for full transparency for your constituents. Don’t sign any lease agreement without the release of the liens as promised by Wells Fargo. And lastly make sure that the new agreement meets the original RFP of the contract with not only a budget but commercial terms securely in place. If all of this is done perhaps this could be the greatest deal of all. Thank you. Mr. Mayor: Thank you, Ms. Davis. And I just want to say that I believe that we’re getting to a point where the burden of proof seems to be on the accused and not the accuser. There is a process in place for those who would continually allege corruption within this government. That is why we have a District Attorney. So if you have evidence I would request 5 that you turn it over to our District Attorney to investigate the situation. That is the process. Thank you. Madam Clerk, on to the regular agenda. The Clerk: Yes, sir. I do believe the firefighters are in the chamber. Mr. Mayor: Okay. PRESENTATION(S) A. Presentation by the Fire Chief of the Meritorious Service Award to Sgt. David Moose, Firefighter Eddie Hightower and Firefighter Jeremiah Clemons for assisting with CPR saving a life on April 12, 2012. The Clerk: At this time we would like to recognize and, go ahead. Chief James: Recognize Firefighter Clemons, who is one of our newest firefighters, Firefighter Hightower and Sgt. Moose. The Clerk: At this time we would like to share with you the wording on the recipient Meritorious Service Award. Dear Firefighter Clemons, Hightower and Moose. Police and Firefighter Insurance Association is very proud or our police officers and firefighters who report for duty every day in knowing what they might encounter. In addition we are becoming aware that there are more incidences of our members taking extra steps on and off duty to assist the public and we’re committed to recognizing their efforts. Police officers and firefighters are relied upon to perform their duties and give their best in whatever endeavors they undertake. At PFIA honoring our police officer and firefighters is a privilege and we truly appreciate your selfless dedication in performing your duties and we salute those who will receive this award. On behalf of the directors we extend our appreciation for a job well done when you performed CPR which saved a life. Your courage and fast actions prevented this incident from becoming a tragedy. Congratulation on your good work and we are proud to add your names to our list of Meritorious Service Award recipients. Sincerely and fraternally, Mark S. Kemp, President. (APPLAUSE) th Chief James: On April the 12 this year these firefighters responded to a citizen that was in cardiac arrest. And for all purposes we would think that this citizen would not make it. And I received a letter from a nurse at Doctor’s Hospital congratulating and honoring these firefighters because they saved the citizens life. Them working along with the crew from the, on the ambulance service they performed CPR. And often while it’s something that we respond to on a regular basis often we do CPR and we don’t save the patient, we don’t save the citizen. And so on those occasions that they firefighters do have to do these type of actions and it results in a positive outcome and you save a citizen’s life it is something that we truly honor and we thank them. We want to motivate them to continue this type of service to stay professional in their jobs to keep learning. Because what they do on a day to day basis really has an effect on the citizens within our community. And we put them in for this award. They each will get a pin just to honor them for the things that they do to serve our citizens. (APPLAUSE). 6 Mr. Mayor: And I just want to be brief in just saying thank you for your service. You guys put your lives on the line every day. You’re out there saving lives and we can’t thank you enough. So thank you so much. (APPLAUSE) Mr. Jackson: I just want to say that we appreciate all that you do. I know what you go through day in and day out. It’s tough but at the end of the day you’ve got a good Chief and you’ve got good people amongst your team that helps you succeed. And it’s awesome to be able to save a life. And just getting there and doing it and doing your job it’s awesome. Thank you very much. (APPLAUSE) The Clerk: Do you want to say anything? No, okay. Mr. Mayor: Okay, Madam Clerk, on to the consent agenda, please, ma’am. The Clerk: Yes, sir. Our consent agenda consists of items 1-25, items 1-25. For the benefit of any objectors to our Planning petitions when those petitions are read would you please signify your objections by raising your hand. I call your attention to: Item 4: Is a request for a change of zoning from a Zone R-MH (Manufactured Home Residential) and a Zone B-2 (General Business) to a Zone R-3B (Multiple Family Residential) affecting property at 3032 and 3044 Tobacco Road and 3850 Deans Bridge Road. Item 5: Is for a Special Exception to establish a telecommunication tower on property located at 1436 Pendleton Road. Item 6: Is for a Special Exception to establish a Family Personal Care Home on property located at 1908 Olive Road. Item 7: Is a request for a Special Exception to establish a Family Personal Care Home on property known as 2024 Wrightsboro Road. Item 8: With conditions is requesting a Special Exception in a B-2 (General Business) Zone to establish an automotive paint and body business affecting property known as 3666 Peach Orchard Road. Item 9: Is a request for a change of zoning from and R-1C (One-family Residential) and a Zone B-2 (General Business) to a Zone B-2 affecting property known as 1775 Martin Luther King Jr. Blvd, 1254 Steiner Avenue, 1707 and 17-7 ½ Chestnut Street. The Clerk: Are there any objectors to those Planning petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: I call your attention to the Public Service portion of our agenda. If there are any objectors to this alcohol petition would you please signify your objection by raising your hand. Item 10: For an on premise consumption Liquor, Beer & Wine license to be used in connection with P.F. Chang’s China Bistro located at 3450 Wrightsboro Road, Suite D215. The Clerk: Are there any objectors to this alcohol petition? 7 Mr. Russell: None noted. The Clerk: Our consent agenda, Mr. Mayor, members of the Commission, consists of items 1-25. Mr. Mayor: Thank you, ma’am. Do we have any additions to the consent agenda? Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I’d like to add item 26 and 27. Mr. Mayor: Commissioner Jackson. Mr. Jackson: Item number 28. Mr. Mayor: Any more additions to the consent agenda? Any further additions to the consent agenda? Mr. Guilfoyle: Item number 34. Mr. Speaker: Item number 33. Mr. Mayor: Mr. Mayor Pro Tem, did you have your hand up? Mr. Bowles: Number 33. Mr. Mayor: Okay. Any further? And items to be pulled for discussion? Commissioner Lockett. Mr. Lockett: Mr. Mayor, I’d like to pull 14 and 17. And I have a question if I could I’d like to ask about agenda item number eight. Mr. Mayor: Okay. Would you like to go ahead and ask that question on eight and --- Mr. Lockett: If I could. Mr. Mayor: Okay. Mr. Patty? Mr. DeCamp. Mr. DeCamp: Yes, sir. Is there a question about number eight? Mr. Lockett: Yes, the only question I had, Mr. DeCamp, is just a week ago we had a similar circumstance where the person was told that they’d have to put a fence around the property in order to do business. Mr. DeCamp: Right. 8 Mr. Lockett: I went by a few days ago and the fence is not there. So my question is why aren’t these people given a time frame in which to comply with the conditions of these agenda items rather than just leave it open. Because they may not put the fence until two years from now. So why don’t we give them a certain date on these type things to get it done? Mr. DeCamp: Well, they’ll have to have a license to do that business and they’ll verify at that time that the conditions have been met. But you’re asking for a specific timeframe? Mr. Lockett: Yes, because how do you know and how do I know that when we vote on something and they say they’re going to put the fence up that they indeed do put the fence up. Mr. DeCamp: I don’t know if Mr. Patty has anything to add to that but, I mean, it seems like they wouldn’t get their license until they --- Mr. Lockett: What I was referencing, Mr. Patty, is Cook’s Machine Shop. Remember, we authorized him and they said they put and I went by there a week or so ago and I still didn’t see no fence. So in other words they are not in compliance. So my questions is why aren’t they given a certain date to have this done by in order to comply with what we voted on? Mr. Patty: First of all let me tell you if you put a condition on a zoning case and that condition is recorded in the form of a deed restriction with the property so it’s legal and it’s always there. I can’t tell you why we didn’t catch that one but we’ll be out there tomorrow to look at it look into it. Most of these and I don’t know what the exact situation here is this property’s already zoned commercial but it had a restriction that prevented the use as a paint and body shop. It’s possible this one might have slipped through the cracks but normally when we rezone property before they can get a business license you get a site plan approved to begin operation they’ve got to do everything that’s required by the conditions which would include the fence. Mr. Lockett: Thank you, Mr. Chairman. Mr. Mayor: Okay, thank you. With that can I get a motion to approve --- Mr. Speaker: Inaudible. Mr. Mayor: You want to hold 27 off of the agenda. Okay. Okay, now can we get a motion to approve the consent agenda? Mr. Aitken: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners --- The Clerk: Read the alcohol license on 26? 9 Mr. Mayor: Okay. The Clerk: If there are any objectors to the alcohol petition, item number 26 which is an on premise consumption Liquor, Beer & Wine license to be used in connection with Styx and th Stonz located at 305 8 Street. Are there any objectors to this alcohol petition? Mr. Russell: None noted, Madam Clerk. CONSENT AGENDA PLANNING 1. FINAL PLAT – CUSHENDAL – S-814 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by H. Lawson Graham and Associates, on behalf of Randy Watkins, requesting final plat approval for Cushendal Subdivision. This residential subdivision is located off Belair Road on Cushendal Road and contains 16 lots. 2. FINAL PLAT – LONGPOINT TOWNHOMES, PHASE 4 – S-828-IV – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Southern Partners Inc., on behalf of ATC Development Corp., requesting final plat approval for Longpoint Subdivision. This residential townhome subdivision is located off Old Waynesboro Road and contains 54 lots. 3. FINAL PLAT – SPRING CREEK VILLAGE – S-826 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by H&C Surveying Inc., on behalf of Phillip Erramuzpe, requesting final plat approval for Spring Creek Village subdivision. This residential subdivision is located on Willis Foreman Road, south of Ulm Road and contains 63 lots. 4. Z-12-36 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) that there by one single point of entry to the entire development; 2) that access to any future commercial development be at least 200 feet from the Tobacco Road intersection and 3) that the on/off site traffic improvements be as recommended by the traffic study and the City traffic engineer; a petition by Joe H. Todd, on behalf of Johana IPRI Qualified Domestic Trust, requesting a change of zoning from Zone R-MH (Manufactured Home Residential) and Zone B-2 (General Business) To Zone R-3B (Multiple Family Residential) affecting property containing approximately 24 acres and is known as 3032 and 3044 Tobacco Road and 3850 Deans Bridge Road. (Tax Map 128-0-014-05-0, 128-0-014-04-0 & 128-0-016-00-0) DISTRICT 8 5. Z-12-43 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Vantage Tower Group, on behalf of Augusta Hospital LLC (aka Trinity Hospital), requesting a Special Exception to establish a telecommunication tower per Section 28-A-6 of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing 1.10 acres and is known as 1436 Pendleton Road. (Tax Map 044-4-208- 01-0) DISTRICT 2 6. Z-12-44 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Cornelius Doolittle, on behalf of Brenda Doolittle, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the 10 Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing .38 acres and is known as 1908 Olive Road. (Tax Map 072-3-046-04-0) DISTRICT 2 7. Z-12-46 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Randy Gaitor, on behalf of Nicola Gaitor, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing approximately .58 acres and is known as 2024 Wrightsboro Road. (Tax Map 044-4-329-00- 0) DISTRICT 1 8. Z-12-47 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) that only one existing building on the property shall be used for the paint and body business and 2) that a solid fence, wood or slatted chain link, shall be installed and maintained around the business; a petition by Chris Provost, on behalf of David Lucas, requesting a Special Exception in a B-2 (General Business) Zone to establish an automotive paint and body business per Section 22-2 (a) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing 1.48 acres and is known as 3666 Peach Orchard Road. (Tax Map 155-0-070-00-0) DISTRICT 8 9. Z-12-48 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Studio 3 Design Group, on behalf of Williams Funeral Home of Augusta, Inc., requesting a change of zoning from Zone R-1C (One-family Residential) and Zone B-2 (General Business) to Zone B-2 affecting property containing five tax parcels totaling 1.51 acres and known as 1765 Martin Luther King Jr. Blvd., 1254 Steiner Avenue, 1775 Martin Luther King Jr. Blvd. and 1707 ½ Chestnut Street. (Tax Maps 059-3-191-00-0. 059-3-190-00-0, 059-3-189-00-0, 059-3-188-00-0, 059-3-175-00-0) DISTRICT 2 PUBLIC SERVICES 10. Motion to approve New Ownership Application: A.N. 12-21: request by Matthew R. Williams for an on premise consumption Liquor, Beer & Wine license to be used in connection with P.F. Chang’s China Bistro, Inc. DBA P.F. Chang’s China Bistro located at 3450 Wrightsboro Rd, Suite D215 (Augusta Mall). There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee July 9, 2012) 11. Motion to approve Amendment #1 to Cooperative Agreement FY2012 for nutrition program for Senior Services with CSRA Regional Commission. (Approved by Public Services Committee July 9, 2012) 12. Motion to approve the demolition of a certain unsafe an uninhabitable structure in the South Augusta Neighborhood: 3616 Larkspur Drive, (District 5, Super District 9); AND WAIVE SECOND READING. (Approved by Public Services Committee July 9, 2012) 13. Motion to approve the Standard Form of Agreement for Material Testing, Special Inspection Services and NPDES Monitoring Services Lump Sum in the amount of $192,630.00 between Augusta, Georgia and MC Squared, Inc. (MC²), 1275 Shiloh Rd. Suite 2620, Kennesaw, GA 30144. RFP 12-141 (Approved by Public Services Committee July 9, 2012) 15. Motion to approve a request by Erica L. Hawes for Therapeutic Massage Operators license to be used in connection with GA Massage Spa by Erica located at 1258 Merry St. District 1. Super District 9. (Approved by Public Services Committee July 9, 2012) 11 16. Motion to approve a request by Lina Tan Driggers for a Therapeutic Massage Operators license to be used in connection with Relax Station located at 3450 Wrightsboro Rd. (Augusta Mall) District 3. Super District 10. (Approved by Public Services Committee July 9, 2012) FINANCE 18. Motion to approve FY2013 Augusta-Richmond County Budget Calendar. (Approved by Finance Committee July 9, 2012) 19. Motion to approve motion for budget transfer from Permanent S&W-Reg to Supplemental Pay to compensate Solicitor’s Office employees for additional duties in Accountability Court. (Approved by Finance Committee July 9, 2012) 20. Motion to accept a $5,000 appropriation from the State of Georgia to increase the Child Support Court budget by $5,000. (Approved by Finance Committee July 9, 2012) 21. Motion to accept a $5,000 appropriation from the State of Georgia to increase the Drug Court Budget by $5,000. (Approved by Finance Committee July 9, 2012) 22. Motion to approve the removal of General Counsel Andrew MacKenzie from the Forensic Audit Sub-Committee. (Approved by Finance Committee July 9, 2012) 23. Motion to accept a $5,000 appropriation from the State of Georgia to increase the Mental Health Court Budget by $5,000. (Approved by Finance Committee July 9, 2012) 24. Motion to approve the use of a consultant to identify and collect previously undiscovered Occupational Tax revenue (business license fee), subject to identifying funds to cover costs outside the contract and subject to Commission approval of a contract. (Approved by Finance Committee July 9, 2012) PETITIONS AND COMMUNICATIONS 25. Motion to approve the minutes of the regular meeting of the commission held June 28, 2012 and the Special Called meeting and Executive Session held July 9, 2012) PUBLIC SERVICES 26. Motion to approve New Application: A.N. 12-22: request by William E. Williamson for an on premise consumption Liquor, Beer & Wine license to be used in connection with Styx th & Stonz located at 305 8 St. There will be Dance. District 1. Super District 9. (No recommendation from Public Services Committee July 9, 2012) PUBLIC SAFETY 28. Motion to approve 2012-2012 Inmate Agreement between the Georgia Department of Transportation and Augusta, Georgia relative to inmate work crew services on public works projects and to authorize the Mayor and Clerk of Commission to execute such documents as are necessary to consummate the agreement. ENGINEERING SERVICES 33. Motion to approve funding the purchase of four data collection sondes to be deployed and operated by the Southeastern Natural Sciences Academy for the purpose of monitoring and documentation of water quality in the Savannah River. 34. Motion to approve award of a contract with Blair Construction, Inc. for services associated with construction of the Fort Gordon New Water and Sewage Connection under 12 the Task Order Program for Infrastructure RFQ #11-130 in the amount of $450,436.32. Bid Item #12-139. Mr. Mayor: Commissioners will now vote by the usual sign of voting. Motion carries 8-0. [Items 1-13, 15, 16, 18-25, 26, 28, 33, 34] Mr. Mayor: Thank you, ma’am, and let’s go to the pulled items please, first, ma’am. The Clerk: PUBLIC SERVICES 14. Motion to approve directing the Deputy Director of Planning and Development to inspect the property owned by Mr. Mike Samadi to determine if work was improperly performed by the contractor. (Approved by Public Services Committee July 9, 2012) Mr. Mayor: Mr. Lockett, this was yours? Mr. Lockett: Thank you, Mr. Chairman. My question is, is it appropriate for this body to direct one of your subordinate personnel to do something? And in this particular, have we had anything similar to this done in the past? Has a precedent been established? Mr. Sherman: Well, you directed us to meet with them. It’s something that I mean I don’t see where that’s improper. As far as it setting a precedent I’m sure that the Commission has directed us to meet with others before. Mr. Lockett: But my question is why would this body direct one of your subordinate people as opposed to directing you? Mr. Sherman: Well, I think it did direct me. Mr. Lockett: Are you the Deputy Director? Mr. Sherman: Yes, sir. Mr. Lockett: Well, why would, basically why would the director because what we’re doing we are going to one of the director’s subordinate personnel which gives the appearance of micromanaging even though we are the governing body. Mr. Sherman: I think the only reason why that happened was because I was going to present it. Mr. Samadi was on the agenda. I gave a response to what he was stating and I did meet with him today. Mr. Lockett: Okay. Mr. Mayor: Can we get a motion on this item? 13 Mr. Lockett: Move to approve. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Motion carries 8-0. Mr. Mayor: Madam Clerk, on to the next pulled item, please, ma’am. The Clerk: PUBLIC SERVICES 17. Motion to approve transfer of the Hephzibah/Carroll Park properties from Augusta, Georgia to the City of Hephzibah for governmental operation, providing further that the transfer shall be subject to the following conditions. a) The park properties are to be accepted in “AS IS” condition by City of Hephzibah: b) The community center shall be maintained as a public community center; c) Hephzibah shall only be solely responsible for all improvements, upkeep and maintenance of the property, including, but not limited to, power, water and telephone: d) Hephzibah rental procedure of subject property shall be the same as Augusta’s procedures and shall be on a first-come, first-serve basis; and e) Ownership of the subject property shall revert to Augusta, Georgia in the event Hephzibah attempted to sell the property or ceased to utilize the property and/or its facilities for governmental purposes. f) Hephzibah shall accept the above conditions and transfer by official resolution prior to the closing of the transfer of subject property. Authorization is hereby given for the Law Department to prepare necessary documents, close the transaction and the Mayor and Clerk of Commission are authorized to execute the necessary documents pursuant to counsel Augusta’s General Counsel. (Approved by Public Services Committee July 9, 2012) Mr. Mayor: Commissioner Lockett, I believe this one was yours as well. Mr. Lockett: Yes, it is. Thanks again, Mr. Chairman. When this initially came before this body the way it was written that we were going to be given these acreages to the City of Hephzibah. And during discussion I indicated that I didn’t feel it would be proper but I did feel that we should let them use the property as long as they wanted to as long as they used it for what it’s being used for now. And that’s a park. A couple of weeks ago we added an addition to the agenda that was two pages and we were doing just the opposite of what I requested. We were giving the acreage. Now today on agenda item 17 it is so wide open until basically we’re doing the same thing again. I’m not an attorney but it appears to me that we could allow Hephzibah to use this acreage that way it’s currently being used for the rest of our lives and if they breach that it comes back to us. But when you say the property will be reverted to Augusta, Georgia that means that we’re relinquishing ownership the way I interpret this. Maybe our attorney can offer a better explanation. 14 Mr. Mayor: Mr. MacKenzie. Mr. MacKenzie: Sure, I’d be happy to address that. The motion you have before you is discretionary. You can either approve this or you can put more conditions on it. The conditions that are on it is that it would only be used for governmental purposes. But you’re correct Commissioner Lockett it is not restricted to the level that it would only be used for the purpose for which it’s being used now. It’s a policy decision of the body. If you all want to make it more restrictive adjust the use that it has that can be done. Mr. Lockett: But my problem is, Mr. MacKenzie, is I do believe that the initial motion was made to do what I just mentioned not what’s here. Now it seems like to me y’all are taking some liberties because of whatever reason I don’t know to do this. Mr. Mayor: Mr. MacKenzie. Mr. MacKenzie: To address that I think it is distinguished from what it originally was because of the limitation that it be used with all of these conditions and in addition to that it be used for only governmental purposes. What it took away was the risk that at some point in time it would ever fall into the hands of a private party which is a distinguishing factor from what it was initially which is that it would just be turned over to them to do whatever they wanted with it. Mr. Lockett: And, Mr. Mayor, my last comment on this is it could be used for governmental purposes. That’s really stretching it. There’s so many different things that area could be used for governmental services that’s not related to the park that it is now. Thank you, Mr. Mayor. Mr. Mayor: Commissioner Guilfoyle, did you have your? Mr. Guilfoyle: I did have my hand up. I really don’t know what to say about this. I know that the community center was built by the City of Hephzibah as far as funding for all the materials. And they used prisoners to build the project. They actually funded for the walking track and they have been supplying water since day one. This facility has been shut down since 2007 and it’s done gone by the wayside. I feel that we ain’t taking nothing from the taxpayers. We’ve actually given back to them more than what we have been doing in the past five years. Hephzibah’s willing to take it over, pay for all the maintenance, upkeep and give the residence of District 8 as well as the other residents who wants to come out there something to go to. We don’t have the swimming pools. We don’t have the basketball courts. And this is in the heart of . Motion to approve. Hephzibah and I would truly appreciate the support of my colleagues Mr. Smith: Second. Mr. Mayor: We have a motion and a second to approve. If there is no further discussion Commissioners will now vote by the usual sign. 15 Mr. Brigham votes No. Motion Passes 7-1. Mr. Mayor: Madam Clerk, on to the regular agenda, please, ma’am. The Clerk: PUBLIC SERVICES 27. Motion to approve Bid Item #12-150, Henry Brigham Swim Center Improvements, to RCN Contracting in the amount of $693,000. (No recommendation from Public Services Committee July 9, 2012) Mr. Mayor: Commissioner Brigham. Mr. Brigham: (inaudible). If I remember correctly (inaudible). Mr. Speaker: That’s correct. Mr. Brigham: (inaudible). Mr. Speaker: That I don’t know. We had eight or nine folks that attended the pre-bid conference and just ended up with one qualified bidder. Mr. Bowles: Motion to approve. Mr. Guilfoyle: Second. Mr. Mayor: We have a motion and second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Brigham votes No. Motion carries 7-1. Mr. Mayor: Madam Clerk, next agenda item please. The Clerk: FINANCE 29. Receive as information the results of the 2011 financial audit. Mr. Russell: Mr. Mayor, the representative of our audit firm is here and has a brief presentation to describe the results of the audit for you. Mr. Mayor: If you could state your name just to make sure everybody knows you, new face newer to some than others. 16 Mr. Edwards: Good evening. My name is Miller Edwards. I am the CPA from Mauldin and Jenkins. I appreciate you all having me here this evening to go over the 2011 Annual Audit. What I put together is a very brief overview that we have in Power Point. Tim and Donna are passing out a little bit more details and I can answer any kind of questions you’ve got as we go through but with that being said let me just go ahead and proceed. The first I want to do is just kind of go over who we are as an engagement team. We’ll also look at an overview of the financial statements, the auditor opinion, the single audit report on your federal compliant and those kinds of things. We’ll address a few required communications that are also something we have to do as part of doing an audit process in a governmental environment. I’ll also go through some county recommendations and other related matters and then of course be here to answer any questions. During the course of this presentation feel free to at any time just to interject and offer you question and I’ll be happy to address it at that time. With that being said if we could just talk a little bit about Mauldin and Jenkins. Number one we were founded about 1920. We’re almost a hundred years old believe it or not. We’ve got about 240 personnel. We do about 60,000 hours annually of service to the local governments. We serve over 185 governments in this state primarily. We’ve got a couple in Alabama and a couple in Florida but by and large we are definitely a Georgia firm doing Georgia governments. We also help about 67 clients to get their Certificate of Achievement. I know you all don’t get that now but maybe that’s something in the cards in the future. But again we are considered to be a large regional firm. As far as our audit opinion and this is also addressed in the Single Audit Agenda that Tim and Donna just passed out. I’m going to kind of refer to page numbers if you want to look at that as we go over it. If not that’s fine. One of the things we like to stress. Number one is who’s got what responsibility. And we use your auditors we have a responsibility to express an opinion or opinions. You all have the responsibility to put together the information for us to audit. That being the financial statements or any other schedules that have to be up high in the fund. We follow all these standards provided by the GAO and they’re called Government Auditing Standards. And the number one thing I’d want to know if I were in your shoes is okay what was the ultimate result. And I’m pleased to tell you that on the financial audit side we are issuing what we call an Unqualified Opinion or what’s called also a Clean Opinion. So again hats off to you. I think that’s not unusual for you all to get a Clean Opinion but it is nice in my first engagement with you all to be able to say such as well. One thing that I do want to commend you all on is the next thing that I’ve got down to the bottom of that screen is your federal programs. You all took in about $30 million dollars worth of federal funds this past year. A lot of different programs. You all got a lot of things going on not uncommon with a city government of this size and nature to have a lot of different kinds of grants. You have a lot of different hands on those grants. One thing that I’m very pleased to tell you all is two things. Number one we’re able to give you all a clean opinion on your administration of that. That’s not something I can say I commonly see. Governments your size where there’s a Fulton County a City of Macon, Albany Georgia or wherever I go it’s not uncommon for us to have some kind of modification to the Single Audit Report. Further, and this is really a hats off to you all and your administration we had no findings. We had ten major programs and we had to go and audit ten separate grant programs that were your more significant programs and we have no findings. I’ll tell you the truth when I came upon this audit I really didn’t expect that. Most governments of this size have so many different hands involved we usually have a lot of findings on the federal side because there’s so many ‘I’s to dot and so many ‘T’s to cross on the federal level. Again hats off to you all. We had no findings in your federal programs. Very good. (APPLAUSE) 17 Absolutely, absolutely. As far as required communications in our audit agenda that was passed out that’s on page three and I’ve only got a few things here that I’m going to mention. What’s included in the audit agenda that was passed out probably there’s about three or four pages worth of information that we have to, required by standards that we have to discuss with you all. But we can do that in written form and that’s what I’ve done today. But things I just want to bring up to you is when it comes to your finance things they’re full of judgments and estimates. One of the jobs we have to do is audit those judgments and estimates as made by management. As far as audit adjustments that’s the one area that we probably have a little area of improvement. We did have some audit adjustments in the various funds. We have discussed them with management. We’ve provided those to management and they have a copy of those audits adjustments for any of you all that might want to see those. I’ve prepared that and provided that to them today in a fashion if you all want to take a look at it they’re available. Another thing I always like to mention is independence. In this world we live in it’s very important that the auditor be independent. Being that operate out of Macon, Georgia I’m about 2 ½ hours away I can tell you that we’ve never had any prior dealings with you all in the past where’s there’s consultants or as auditors and we did not cross that line during the course of this audit as well. There was always a very good understanding by management about what their responsibility was and what ours was and again that’s not always the case. Sometimes that’s hard to accomplish. Overview of the financial statements. I know you don’t have the financial report in front of you but there’s things that jump out to me that I want to share with you. Number one you are a very large government. When you look at governments outside the Atlanta area you’ve got your Fulton’s, your Gwinnet’s and those kinds. But outside of that area I’d say you all are probably the largest single government out there in a city county environment. That being said you all have total assets of about $1.6 billion. That includes all your infrastructure, all your fixed assets, everything. (Inaudible) capital assets included in the 1.6 about 1.2 billion. You have liabilities, short term and long term about 700 million. Your long term portion of that is about 600. Your net assets are what we might call on the commercial sector the equity of this city is about $900 million dollars. Again that’s very strong looking on a balance sheet. I think any outside person looking at that would be pretty impressed. As far as your overall revenues I know you’ve got all these different funds. But when you look at the big picture of it all you all have about 380 million in revenues. You had expenses of about 340 million this past year. Mr. Mayor: And, Miller, I just, due to the fact that we’ve seen in the national news so much lately about city’s going bankrupt around the United States would you, your opinion we have strong, we’re on strong financial planning. Mr. Edwards: I think you really do look very good. I tell you that as an outsider, a very objective person here that I think you all look very good in light of the situation we have in this global recession that we’re in. I think you all look very good. I think your funds, even at the fund level you all look pretty good. I’m not going to sit here and say you’re fat and happy but you’re certainly not anorexic and too skinny right now either. So I think you look pretty good. You’re right where you ought to be. That being said let me go to the General Fund and that’s the next slide. You’ve got assets of about 45 million. When we talk about the General Fund that doesn’t include fixed assets, vehicles and all those kinds of things. That’s getting down to modified accrual, looking at your cash, your receivables; inventory those kinds of things that can be liquidated in a timely fashion. You all got about 45 million in total assets. Your liabilities are 18 about 10 million. We’re talking accounts payable, salaries and wages payable and things like that. No long term debt included in that number. So you’re fund balance at the end of 12/31 was $35 million. Well that’s about three months worth of fund balance is what you’ve got. Often times people ask me what is right amount of fund balance to have. There’s two answers. Number one it depends on what your year end is because sometimes over the year you’re fatter th than others. Correct? At June 30 right now you’re all probably a little skinnier than you might have been at 12/31. But a 12/31 picture in this time that we live in I think having three months worth of fund balance is not too bad. Again nothing to brag about but I think it looks pretty good. Your revenues are about 124 million. Your expenditures were 126. So you were right there at the break point. Before transfers you did have some (inaudible) from other funds that were net of about 3.4 million. And this something I don’t have on me. When you look at your budget actual you all came out with about a 1.6 million dollar variance on your total budget. I think that’s pretty good all things considered. It’s very hard to manage a county government when you’ve got all the dynamics of elected officials and their needs and all the other things that you’ve got going. But you all have a variance of only 1.6 which is right about there 1.3% of total. That’s pretty good. So I think you’ve all did a great job there. Other governmental funds and I won’t belabor it. You’ve got about 35 governmental funds beyond the general fund. Total assets of about 218 million. Fund balance at 200 million. Revenues of 100 million. Expenditures are 141 of course that’s got a lot to do with your SPLOSTS. SPLOST is one of your governmental funds. You’ve got those. They had a lot of expenditures come out of SPLOST as planned as your expect. Business type funds I won’t get into the numbers but you all have several of those. You’ve got a water sewer fund, a regional airport fund and then you’ve got five other non-major funds. You’ve also got what’s called Internal Service Funds seven such funds that operate within the county that serve the county and those are supposed to be in kind of a break even mode. I think those are operating as designed. Your fiduciary funds. In a county government you’ve got several kinds of fiduciary funds. You’ve got agency funds and you’ve pension and private purpose trust funds. Agency funds are your Tax Commissioner, your Sheriff, your Probate, Clerk of Court, Magistrate those kinds. Of course those are separate elected people with their own operations, their own autonomy but they are part of the overall financial reporting entity of the county. Your Pension Trust Funds. You’ve got about $64 million that you’re managing in assets in those two pension trust funds. Mr. Brigham: In our Pension Trust. Are we probably accruing for our liabilities? Mr. Edwards: Well, let me answer it again. Interesting that you asked. You’re doing what you’re supposed to as far as meeting your annual required contribution that you all have worked out with your actuaries. But there is something coming out there and it’s called Gatsby 68. I was going to get into that a few minutes later. But it’s going to require you all to start reporting that at the total which is going to cause a change in the 900 million that we talked about having net assets of 900 million at the end of your wide level. My guess is that could come down by about 50 million when you throw that actuarial and determine liability that’s unfunded on there under Gatsby 68. Again and I was going to touch on that later but that is something to know that’s coming down the pike. We did have as part of our audit what you would expect we had things called findings we had things called management points. The findings we had are also known as material weaknesses. And the reason for them being called material weaknesses as we did have some significant audit adjustments and we had some that 19 were prior period adjustments meaning a restatement of opening balances. That’s what you see when I see a PPA next to a line item. In summary I want to say one thing to you all. I expect all seven of those to be gone this time next year when I visit with you all. These are the types of things that I discussed with management. They understand what needs to be addressed. They’ve already started to address them and there’s nothing out there that’s systematic of such that’s going to be difficult to address at a future date. So we had things that we needed to recognize revenue a certain way and we had some revenue recognition issues. We got that addressed. We had some debts in your Certificates of Participation having to do with derivative instruments. Something a little bit unique for us accountants to talk about. It really didn’t talk about cash flows but it’s just how you report something. We had management of inventory issues. We recommend you have more periodic perpetual inventory systems. And we had retain age payable where we recommend that you all record that at any period end which represents that amount that you have not paid a contractor but is due you upon completion. Then you’ve got management and capital assets. You’ve had some assets show up this year that had not been included on the previous year’s listings. That was primarily the airport fund and a few other places. Debt Transactions. It really just kind of getting into the number crunching that we accountants do. Just how you reflect things. No cash flow elements there. Management of due to funds again had to do with due to that was created because of an accounting or financial reporting requirements. No cash flow items relative to that. Every one of those can be easily addressed and I fully expect all seven to be gone next year. I’d be surprised if I was repeating myself on those. As far as management points we have a few management points as well. Of those eight that you’ve got listed in front of you there are six that have to do with the elected officials. One of them has to do with Review of (unintelligible) Reconciliations. We believe there needs to be a better segregation of duties of who’s preparing the reconciliation, who’s reviewing it and who can make deposits etc. Segregation of duties goes a little bit further with that. Again talking about byte reconciliations there’s some specific things that need to be done and some of those elected official offices that’s constitutional offices. Old outstanding checks. We’ve got a sheets law in Georgia and you all have a lot of old outstanding checks. Meaning checks that might be a year or two years old. We need to make sure that we address those and follow these sheet laws of the Department of Revenue. Some of that goes to the state some of it you would get to keep and put back into your reserves. But we just need, it’s something we recommend you addresses. Tracking of cash bonds. That was an area that we had a little bit of struggle with. The Sheriff’s Department this year I think the understand the situation and are working on it. Clerk of Court Registry Accounts. The same idea. Just keeping better listings of information. When you’re an agency fund like the Sheriff and the Tax Commissioner those constitutional offices everything they hold in cash or investments etcetera, should be offset by a liability. So if I walk out to this with any one of them I say you’ve got a dollar who’s it owed to? They should be able to tell me that. We didn’t always have that situation to work out this year. It was not material amounts but things just to be worked on. And that also jumps in the number seven with excess funds where they would have monies they had on cash that they didn’t know you it all belonging to. Six and eight proper collateralization of cash. As you know the FDIC covers you up to a certain point. We recommend that our clients periodically monitor what the institutions are collateralizing for you. Ask those byte clients to provide details what they are supporting your cash with. In these economic times we live in with failed banks going on left and right I think that becomes paramount right now to make sure we never ever are exposed. And I think management needs to just monitor that a little bit more. Water sewer customer 20 billing. What that one’s about is you all have about a two month lag between when the meter is read and when the soon as you’re going to get cash in the bank. That’s the soonest it’s going to be. We just recommend that you all just look at maybe do more meter reading more timely billing and see if we can squeeze that a little bit tighter of a schedule like any general business would do if you owned that company that was doing those billings. So those are manageable (unintelligible). Nothing earth shattering there. Other matters as I mentioned earlier there’s several new Gatsby statements out there and standards. Number one that I was going to mention to you is what was brought up earlier about Gatsby 68. I think management just needs to take a look at that and evaluate what the implications are going to be here at the city. There are quite a few other ones out there. Gatsby has been very busy. It’s amazing to me how many standards they’ve issued just in the last ten years. They’ve issued over thirty new standards. Yellow book standards. The GAO that issues the government auditing standards they are constantly revising those and they just did that as well. And I think I’m being cut off. I think I’m done. Nope there we go. Sales tax collections are a amenities. I just recommend that you all stay on top of the Department of Revenue. As you know their having a lot of volatility in what they’re reporting to governments. Stay on top of it because I’m not always sure the DOR knows exactly what’s going on. The final thing I will mention to you is along with appreciating the time being here today in serving you all we do offer free continuing education on a quarterly basis. We would like anybody from you all down through management to attend those classes that we teach. We do two per quarter on different topics that are of interest to our local governments. We also have newsletters going out and I’d also in closing like to say thank you in having me here today. So we do appreciate it. Mr. Mayor: Thank you, sir. Do we have any questions? Commissioner Brigham. Mr. Brigham: I’m assuming those continuing educations are done here? Mr. Edwards: No, sir, we do those in different locations throughout the state. We can do them here. We do ask our clients to get involved to provide facilities and we move them all around to different part of the state so everybody can have a little ease in getting to them as often as possible. Mr. Brigham: The other question is I know that you all used have an office here? Mr. Edwards: Yes, sir. Mr. Brigham: I was wondering when you were planning on reopening that office. Mr. Edwards: That office is still here. It’s just under another name. Mr. Brigham: I wondered when Mauldin and Jenkins was going to have an office (inaudible). Mr. Edwards: Well we had one like you noted for several years and I think it just there was an understanding between Cherry Bekaert and Mauldin Jenkins at the time. You know we 21 were competing with each other constantly and I think we just agreed why don’t one of us sell to the other and that’s what we did. Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Edwards, thank you for doing this presentation for us. As far as I believe on page three Audit and Finance can you email that to us? Mr. Edwards: The audit findings themselves? Mr. Guilfoyle: Yes, sir. Mr. Edwards: Management has those. They can provide that to you. Mr. Guilfoyle: Okay. And I would like to say the hats does not, we need to give the hats off to the staff --- Mr. Edwards: They’ve done an excellent job. Mr. Guilfoyle: --- for doing an excellent job. Mr. Edwards: You know with that in mind let me just compliment what you’re saying then we’ll give them applause. You all awarded this audit in late March. There was a lot to be done and I’m happy to say in the team approach to things and your management was a key to that we were able to get this thing out the door before the state deadline. So thank you all very much. Mr. Guilfoyle: Thank you, Mr. Edwards. Mr. Mayor: And I just want to compliment too. We have sound fiscal management because we’ve got a great team in place. They know what they’re doing. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I’d just like to echo some of the same sentiments. First and foremost I know I bumped into Donna in the hallway about two and a half months ago and we talked about getting this audit approved because I know we had some issues in general at first. And I was the one that asked to reconsider the motion to get you guys in. I’d just like to commend you for the job you’ve done. And Donna and also thanking my colleagues for reconsidering to get this done because I know you guys was pushing the deadline you needed it done. So I wanted to blow my own horn a little bit but at the same time say thank you to everybody else for allowing us to do that. Thank you. Mr. Mayor: Every dog’s got to wag his tail every now and again. Commissioner Lockett, then Mr. Russell. Mr. Lockett: Thank you, Mr. Mayor. I don’t want to blow my horn but --- 22 Mr. Mayor: You can wag your tail if you want. Mr. Lockett: I’ll do that, yes. But I am glad that you did come out with favorable results because I’m the Commissioner that pushed that we get somebody new to come in. Because now I think the our population will feel much better to know that the company that was doing this audit year after year after year and then we get a new company in and come up with basically the same results. So I just want to say thank you and I thank my colleagues for supporting that effort. Mr. Mayor: Thank you. Mr. Russell. Mr. Russell: Mr. Mayor, you know whenever you do an audit you look at it as a learning experience. And I think what we’ve learned here is that we do have a good team of people that actually continue to make some good financial decisions as we move forward. I’d like to thank the Finance people for doing that. But we really need to do is thank each individual employee because they have helped make this a successful program. I don’t know if you picked up on the wording that he used there but in this particular situation there is a $1.6 million dollar surplus. That surplus comes becomes each and every one of our employees did a little extra. We didn’t have some positions filled, we had some savings through things beyond our control but we also had savings through things that were within our control. People working hard, people doing a good job, people not making mistakes and having to do things two or three times. We’re not perfect. There’s room for improvement in everything that we do. But each employee of this city needs to be recognized for the contribution they’ve made to once again bring us in under budget and on time with our presentation in a manner that I think provides a very reasonable level of service to our community. You’re going to find people that want more. You’re going to find people that aren’t happy with what they get. You’re going to find people that aren’t happy with what they get but are willing to pay for it. You have people in this world that want to drive a Cadillac and want to make Volkswagen payments. We all know that doesn’t work. You have people that have expectations that are unreal. You have people that are flat out crazy when it comes to government and how it works and don’t have a clue how things really happen. Those people are entitled to their opinions. Those people are entitled to their five minutes of fame but those people need to recognize that we have 2700 hundred people here that work very hard for 200,000 people that live here and have a very good track record of successes. A track record of getting things done, a track record of providing service not only in CPR to our citizens but doing all kinds of things that impact daily on what they do. And I’d like to personally thank each one of those employees for bringing forth another good budget, a clean audit and the opportunity to continue to serve our citizens. Thank you. (APPLAUSE) . Can Mr. Mayor: I was waiting for the music from Rocky to start playing or something I get a motion to receive this as information? Mr. Guilfoyle: So moved. Mr. Smith: Second. 23 Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Thank you, sir. Good to see you. Mr. Edwards: Thank you all very much. Motion carries 8-0. Mr. Mayor: Madam Clerk, on to the next agenda item. The Clerk: FINANCE 30. Motion to approve tasking the Procurement Department to prepare an addendum to the bid for a forensic audit to include the narrowed scope of work in the four identified areas and receive responses from the twelve previously prequalified companies with pricing for staff evaluation. (No recommendation from Finance Committee July 9, 2012) Mr. Lockett: Move to approve, Mr. Chairman. Mr. Guilfoyle: Second. Mr. Mayor: We have a motion and second. Commissioner Jackson. Mr. Jackson: I’d like to make a substitute motion about keeping the, if it’s that criminal then getting the District Attorney along with the GBI and perspective partners. If it’s that criminal then let’s get the authorities in here at no expense to the taxpayers of Richmond County. And I just see that we just had a nice audit from out of town. It seems like we’ve been pretty consistent and it’s just my belief that if it’s criminal which you know one of the people in one of the organizations has even said that a forensic audit is not needed. The problem that I have is if it’s a forensic audit that it ought to be admissible in court. This isn’t court. We make policy and procedure. And I’m not going to spend $300,000, $180 or ten dollars of the taxpayer’s money to put on a forensic audit. If it’s criminal let’s get the DA Office and the GBI involved. I make that in the form of a motion. Mr. Aitken: Second. Mr. Mayor: Okay, we have a substitute motion and a second. Commissioner Bowles. Mr. Bowles: It’s not very often that I can say this but I am an expert in this field so I do feel somewhat qualified to comment on it. When I look at what the addendum was I was just flabbergasted at three and four where we’re asking basically redundant questions and things that we can solve for ourselves. When you get into the contract negotiations in the trade of the land those things are fine and dandy to look at but we don’t need to go through a forensic audit to look at it. This is something that can easily be done by a forensic auditor through agreed upon procedures which would save the taxpayers probably a couple hundred thousand dollars. 24 Mr. Mayor: Okay. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. This began last year. Six of my colleagues felt that it was necessary for such an audit to be conducted and I in particular all along said that I wasn’t indicating or suggesting that any criminal activity was involved. However I think a forensic audit is necessary and we keep throwing these crazy numbers out there about how much it’s going to cost. We started off a few months ago with a million dollars. Then we down to $600,000 dollars, we’re a jockeying all around. All this agenda item authorizes for us to do is to go back out to those companies which is not going to cost us anything other than a few of labor in Procurement for them to come back with a dollar amount. Now there are many concerns out there about the TEE Center Parking Deck. Some say well these concerns they shouldn’t be there some say it’s a possibility they’re there and some have seen a loss of suspect that something may be there. It may not be criminal but it may be incompetence or a variety of other things. But we’ll never know unless we have, we get this done. And we’ll never know how much it’s going to cost unless we go back to them with the information that we worked on so diligently for the past couple of months. Thank you, Mr. Chairman. Mr. Mayor: Thank you, sir. And I just want to make a comment though. And I you know I try to go on fact and logic in my decision making process. And the same Finance team that worked together with these auditors to put together this audit report that we’re just so highly complimented are the same people that put together the transactions on the TEE Center and the parking deck. So it stands to reason if they’re so competent in handling the city’s finances in that situation that we get this clean audit that they’d be just as competent in handling these transactions as well. Commissioner Guilfoyle, did you? Okay. Yes, sir. Mr. Jackson: Thank you, Mr. Mayor. Once again I have rather, see whether any illegal fraudulent or improper acts. So it looks like the scope is we’re going after illegal or fraudulent handling of this matter. And I can’t stand by you know is it just a bad deal or are people just pissed off at the owners? Mr. Mayor: Okay, thank you, sir. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I would like to say I think just for the record I know in the retreat we talked about having a I guess well in house contract writer, professional contract writer on the staff to look at these contracts and draft up the contracts to be in the best interest of course both parties of course especially the citizens mainly. But to have someone in house to look at these contracts and go through them and critique them to the point that it can be something that we all can agree on. And I really would like us to continue to look at that because I think it would be beneficial to us because at this point we are tasking of course our Attorney and of course in some cases they have to go out and seek outside counsel to help us with that. But I think it would be in the best interest in the future for us to look into that to have an in house contract writer, a professional writer to draft these contracts and doing it in essence where it would be in the best benefit of the taxpayers in this government. Thank you. Mr. Mayor: Thank you, sir. Commissioner Aitken. 25 Mr. Aitken: Mr. Mayor, we’ve been working on this a long time. I really think the homework should’ve been done from this Commission to bring the facts of what the citizens in this city have tasked us to do to build the TEE Center and a parking deck. I supported that in my campaign I continue to still support that and a forensic audit I feel like is a bad testament to this government, to the city, to the citizens that have tasked us to do that. So I would hope that we would move forward in a way that would bring closure to the things that have been done on behalf of the citizens that are looking to us to make these things happen. The progress of downtown development is on the move right now. People all around this city are looking to us to make it happen. When we continue to stall this government and stall the progress of this city it’s time to move forward. And I don’t want to see people dictate or hold this government bondage to what we’ve already seen. So I’m looking forward to moving forward and to work with everybody up here. If there’s an issue let’s get it. But I haven’t seen any issues brought to the table that warrant any of these accusations. It puts a black eye on us every time it’s put in the media, it continues to tarnish Augusta. And it makes us a laughing stock of this area. I didn’t run for office to be a laughing stock. I ran for office to be a man of character a man of means and the one that wants to get things done. And I’m looking to you for the partnership that we that as men that were elected. Thank you, Mr. Mayor. Mr. Lockett: Mr. Mayor (inaudible). Mr. Mayor: Thank you. Commissioner Lockett. Mr. Lockett: To my colleagues I wouldn’t question anyone’s character or morality. But my personal feelings are you’re determined not to have this forensic audit done, you most likely have the votes to stop it but there are lots of people out there that’s wondering why don’t we let a forensic auditing firm answer that question? The perception is there. We are constantly about moving forward but we are doing the same old things over and over and over and wondering why we are not a Savannah or a Charleston. This forensic audit is needed. Thank you, Mr. Chairman. Mr. Mayor: And I will say that they did not go live on CNN from Savannah or Charleston last Friday when the new Starbucks Plant came in. And we are the epicenter of Howard Schultz’s American Job Creations Program. We have a substitute motion and a second. Madam Clerk, if you could read back the substitute motion. The Clerk: The substitute motion was to solicit the, if criminal in nature that we request that the DA and the GBI do the investigation. Mr. Mayor: Okay, Commissioners will now vote by the substitute sign of voting. Mr. Lockett votes No. Motion Passes 7-1. Mr. Mayor: Next agenda item please, ma’am. The Clerk: 26 ENGINEERING SERVICES 32. Motion to approve the 2013 Solid Waste Collections Contracts with Advanced Disposal Services and Inland Corporation. Mr. Brigham: So moved. Mr. Jackson: Second. Mr. Mayor: We have a motion and second. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I spoke with Mark Johnson prior to the meeting and I asked him and told him rather suggested that this be go back to committee. We haven’t had an opportunity to discuss this and we’re not allowed to sufficient time during the Commission meeting to ask the questions that need to be asked. I don’t, he didn’t seem to believe that it would cause any problems if we did this. So I would like to make a motion that this be sent back --- Mr. Mayor: Substitute motion? Mr. Lockett: --- yes, sir, so it would be sent back to committee for discussion. Mr. Johnson: I’ll second that. Mr. Mayor: We have a substitute motion and a second. Is there any further discussion? Hearing none Commissioners will now vote by the substitute sign of voting. Mr. Johnson, Mr. Lockett and Mr. Guilfoyle note Yes. Mr. Aitken, Mr. Bowles, Mr. Jackson, Mr. Brigham and Mr. Smith vote No. Motion fails 3-5. Mr. Mayor: Okay, we have a primary motion that’s been made and properly seconded on the floor to approve. The Clerk: Yes, sir. Mr. Mayor: Commissioners will now vote by the usual sign of voting. The Clerk: That motion fails 5-3. Mr. Mayor: No action taken so I guess it goes back to committee. The Clerk: Yes, let me record the vote, sir. Mr. Mayor: Please, ma’am. 27 Mr. Aitken, Mr. Bowles, Mr. Jackson, Mr. Brigham and Mr. Smith vote Yes. Mr. Johnson, Mr. Lockett and Mr. Guilfoyle vote No. Motion fails 5-3. Mr. Mayor: Okay, Madam Clerk, next agenda item please. The Clerk: APPOINTMENTS 35. Consider the appointment of one of the following for the Member-at-Large position on the Richmond County Hospital Authority for a four year term: James W. Bennett, Jr., Hugh L. Hamilton, Levi W. Hill, IV due to the resignation of John P. Rhodes. Mr. Mayor: Gentlemen, what’s your pleasure? Mr. Brigham: I nominate Mr. Bennett. Mr. Mayor: Do we have any further nominations? Mr. Bowles: I move that nominations be closed. The Clerk: Is that Mr. Bowles? Okay. Mr. Mayor: We our nominee. Commissioners will now vote by the usual sign of voting. Motion carries 8-0. The Clerk: ADMINISTRATOR 36. Motion to approve the Reynolds Street Parking Deck Construction, Operating and Reciprocal Easement Agreement, Reynolds Street Parking Deck Management Agreement, Conference Center Parking Lease and Assignment of Parking Deck Management Agreement, and to authorize the Mayor and Clerk of Commission to execute same. (Requested by Commissioner Jerry Brigham) Mr. Mayor: Gentlemen, what’s your pleasure? Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Bowles. Mr. Bowles: Commissioner Brigham might have been first. Mr. Mayor: Commissioner Brigham. 28 Mr. Brigham: Mr. Mayor since I put this on the agenda and I do not believe there’s enough votes to pass it I will make a request that we postpone this to the next Commission meeting. Mr. Lockett: 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 8-0. Mr. Mayor: And, Mr. MacKenzie, do we have the need for a Legal Meeting? Mr. MacKenzie: Not today. Mr. Mayor: Oh and before we adjourn, I’d like to recognize Commissioner Aitken for a point of personal privilege. Mr. Aitken: Thank you, Mr. Mayor. The recent situations of downtown of First Friday we’re going to have a discussion about downtown tomorrow night at the library, the main library on Telfair at 7:00 p.m. So I invite my colleagues if you have time to swing on by. Thank you, Mr. Mayor. Mr. Mayor: And the Mayor, the Mayor, the Sheriff will be bringing the crime statistics for downtown tomorrow night too which I think people will find interesting. If there is no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on July 17, 2012. ______________________________ Clerk of Commission 29 30