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HomeMy WebLinkAboutCalled Commission Meeting August 21, 2012 CALLED MEETING COMMISSION CHAMBER August 21, 2012 Augusta Richmond County Commission convened at 4:30 p.m., Tuesday, August 21, 2012, the Honorable Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Hatney, Aitken, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. ABSENT: Hons. Mason and Smith, members of Augusta Richmond County Commission. DELEGATION: A.Mr. Paul Simon. RE: Reynolds Street Parking Deck. (Requested by the General Counsel) AGENDA: 1.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 the General Counsel) Mr. Simon: In February of this last year you the body approved the documents you have in front of you today with the exception of two documents. You asked us to make two changes. One was to change the term of the agreement from a 15-year term to a five-year term and we agreed to do that. You also asked us to change the terms of the transfer of the land instead of to the City to transfer it to the City’s Land Bank. We agreed to do that and the documents you have now, those have been changed to reflect that. In addition to that since then, you’ve had these documents since February, but just recently we’ve gotten some additional requests and we have changed the documents to reflect those. Mr. Wayne Guilfoyle asked us to change some things and I think we’ve changed them to accommodate your request. Mr. Joe Bowles and I met and he has an additional item he’d like to mention and I’m going to ask him to do that in a few minutes. The management agreement that you have in front of you requires that we submit an annual plan 90 days after approval of the plan. We gave you an annual plan last year and we will give you another annual plan not in 90 days as is required in the plan but 30 days from the time you approve the document. In that plan we will recommend Elliott Davis as the auditor. If you’re not happy with that auditor, we’ll be glad to change that. We don’t mind whoever you select to audit the records but we just feel if Elliott Davis is doing our work we can get the audit done at a much lower cost so you can get anybody you like, it doesn’t matter to us, but it will just cost you more money. Now let’s talk about the vote and the future. You have built a beautiful parking deck on Reynolds Street. We have operated the deck for you for ten months without pay. To my knowledge there’s been no complaints. I haven’t heard any complaints and I hope you haven’t. The convention center is almost complete. This center will be a tremendous asset and attract 1 conventions to Augusta. We’ve already booked with the CVB 12 events. Because of this project downtown, Augusta will change. In my opinion that will become the center of Augusta as we move forward. So what I ask you to do is to work together and if we do that, the change will be positive. We can bring a lot of business there but we need to work together because it’s a big project. I don’t know whether you’ve been in the building, some of you have I know, but it’s huge and it’s a very complex project. That’s the reason we need to get on with some of the agreements in order to train the people. We have to apply for a liquor license and a lot of things that has to be done before we have a convention that is scheduled there in January. So, you know, eventually we’re going to have to start turning them down if we don’t get our agreements worked out. So I just ask you, let’s work together. There are eight of you here today and I’d like eight votes, not six. I’d like everybody to support the project and get together and move it forward. Mr. Mayor: Mr. Mayor Pro Tem. Mr. Bowles: Thank you, Mr. Mayor, and Mr. Simon, I’d also like to appreciate you taking time to meet with Wayne and I last week. On behalf of my colleagues up here and even I’d like to make a motion that we receive this as myself seeing this for the first time information and I would like to go ahead and tell you that my discussions have been trying to get this to be more similar to the contract that we had previously with the other operators of our parking deck. Mr. Simon has graciously agreed to a 70/30 split with the city but in that I proposed to them that we build a crosswalk from the second story of the parking deck into the TEE Center and there are two reasons for that. When I first went to the ceremony for the unveiling of the parking deck, when you see all the traffic on Reynolds Street, one, you think public safety. It’d be crazy to park 600 cars for a convention and expect all of them to walk across the street on the ground level and then come back up to the convention center. Secondly, with inclement weather people can park on the second, third, or first floor in a covered area and get to the event without being exposed to the elements and in talking with the Administrator we have the unused funds or the savings of this project to build this crosswalk so that that was part of the stipulation that I agreed with him that if he would agree to a 30/70 split with us that we should commit to building the crosswalk for the safety and convenience of our patrons. Mr. Mayor: So you’re moving that we receive this as information but giving the commission time to review it and if we have the rest of the week to review it I can have a special called meeting next Monday? We have a motion. Is there a second? Mr. Johnson: I’ll second that motion. Mr. Mayor: We have a motion and a second. Commissioner Guilfoyle. Mr. Guilfoyle: Mr. Simon, thank you for your time last week again with the Mayor Pro Tem and myself. I feel we got a lot accomplished but I feel that we’ve still got a little bit more ways to go. As far as the February Commission meeting where you had stated that the documents was given to us in the meeting, the only thing that was given to us from the Administrator was to sign in order for you to do the month-to-month lease. I had checked with 2 the Clerk; there was no supporting documents. There was none handed out at that time in the Commission meeting. As far as the audit – Mr. Simon: That was in September. The February meeting I’m talking about was here where you were presented the documents in February. But the September, when we agreed to operate the deck, that was in September. It was just before the Ironman, I think, was coming, but that was finished and ya’ll asked us to operate it and obviously we’d do that and that’s the agreement you’re talking about that you signed and you say you didn’t have an attachment, you know, we don’t know that but – Mr. Guilfoyle: I realize that. But, again, I feel that the meeting was very positive between the three of us and we got some movement moving forward especially on this contract. I know that Mr. Bowles is handling it from the number end and I’m working on it from the wording end of the contract. I know on the audit that you did move forward on that, you know, and as long as the owner requests a fidelity bond that we could proceed with that and I’m going to make that motion at the time of the agreement. You were talking about that we need to work together and you’re so correct about that and you have been working. It showed last week and we’ve just got to move a little bit closer together, especially on the rights of audit. I notice that Mr. Plunkett has shot me an e-mail today. I did not have time to go through it and I will not rush going through any kind of contract with Augusta Richmond County but I do support Mr. Pro Tem as far as moving off to next week to where we can hash the rights to audit wording out if you don’t mind and I do thank you for your time. Mr. Mayor: Commissioner Lockett, then Commissioner Hatney. Mr. Lockett: Thank you, Mr. Chairman. This is the first I’ve heard of the crosswalk; however, I do think it is a very good idea but I would like to try and find out whether or not a cost has been determined. I know you said, you mentioned a 70/30 split but at this juncture do we have any idea what this particular project would cost us and I understand you said that the funding mechanism would be determined by the Administrator so I can hold off on that but I would like to get some kind of idea of what the cost would be if we know at this juncture. Mr. Mayor: Mr. Mayor Pro Tem, did you have a -- Mr. Bowles: We renovate houses, we don’t build crosswalks. Mr. Mayor: Does anybody have a cost for the crosswalk that I think is very necessary? Mr. Bowles: I think when I talked that I heard anywhere from $800,000 to a million but they’ve already got the footings set in so it may not be that much. Mr. Mayor: It was designed to add that in the future. Mr. Lockett: All right, thank you. Mr. Mayor: Thank you, sir. Commissioner Hatney. 3 Mr. Hatney: I think you mentioned that the land had been transferred or something of that nature. Are you saying that there is a clear deed now? Mr. Simon: When these documents are agreed to and at that point – Mr. Hatney: I’m talking about today, right now. Mr. Simon: As of right this minute, no, and they won’t be transferred until the documents are approved and we have a closing. The Mayor will sign the documents and the bank will transfer the title to the city and there will be no lien on it. Mr. Hatney: Mr. Simon, that’s backward. Mr. Simon: No. Mr. Hatney: It’s backward because ya’ll told us we had the land to start with. Mr. Simon: Well, now, wait a minute. Mr. Hatney: I’m through. Mr. Simon: Well, let me respond to that, please. Mr. Mayor: Let’s just, we have a motion that’s been properly seconded. If there’s no further discussion commissioners will now vote by the usual sign of voting. Mr. Lockett: Mr. Chairman, will you have the Clerk to read the motion, please? The Clerk: The motion was to receive it as information. Mr. Mayor: And then I’ll, not included in the motion, but I’ll schedule a special called meeting next week. If there’s no further discussion commissioners will now vote by the usual sign of voting. Motion carries 8-0. Mr. Mayor: Thank you, ma’am. Mr. MacKenzie. 1.LEGAL MEETING A. Pending potential litigation B. Real estate C. Personnel Mr. MacKenzie: I would entertain a motion to go into a legal meeting to discuss pending and potential litigation. 4 Mr. Mayor: Can I get a motion to that effect? Mr. Guilfoyle: So move. Mr. Brigham: Second. Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now vote by the usual sign of voting. Motion carries 8-0. Mr. Mayor: We are in legal. [LEGAL MEETING] Mr. Mayor: I’ll go ahead and call the meeting back to order. Mr. MacKenzie. 2.Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. MacKenzie: I would entertain a motion to execute the closed meeting affidavit. Mr. Lockett: So move. Mr. Aitken: Second. Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual sign of voting. Motion carries 8-0. Mr. Mayor: With no further business to come before the body, we stand adjourned. [MEETING ADJOURNED] Lena J. 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 Called Meeting of the Augusta Richmond County Commission held on August 21, 2012. ______________________________ Clerk of Commission 5 6