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HomeMy WebLinkAboutCalled Commission Meeting August 27, 2012 CALLED MEETING COMMISSION CHAMBER August 27, 2012 Augusta Richmond County Commission convened at 12:00 Noon, Monday, August 27, 2012, the Honorable Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, Hatney, Aitken, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. ABSENT: Hon. Smith, members of Augusta Richmond County Commission. Mr. Mayor: In the interest of time and now that we have a quorum, I’ll go ahead and call the meeting to order. Madam Clerk, the first agenda item. 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. Mr. Mayor: Yes, sir, Mr. Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. I’ve been working with Jim Plunkett as well as . I’ll be happy to put a motion in for Mr. Paul Simon in regards to this parking deck agreement the approval of this parking deck agreement as long as any previous changes to the contract remains as is, a request that a fidelity bond for the manager to have one, and then Mr. Simon had e-mailed me over in regards to the audits and cost and here it is. It has to state this in the contract as well. Section 10.14 Plain language clarification of certain agreements for the avoidance of any doubt. Manager compensation of this agreement shall be the management fee under Section 3.1 and manager shall not mark up or add any profit, administrative charges or overhead to any expense charged to the owner under this agreement. Cost and expense to operate the Reynolds Street Parking Deck charged to the owner will not exceed the actual out of pocket payment of the manager. Furthermore, the owner shall have the right to audit all books and records of manager or as necessary to determine manager’s compliance with this agreement included in the previous sentence. Mr. Mayor: So you’re making that in the form of a motion including that to approve. Mr. Guilfoyle: Yes, sir. Mr. Mayor: Do we have a second? Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I would like to, I guess, have a little bit more, yeah, put some information up. It may answer some of the questions that some of us have. Mr. Mayor: While everybody’s reading that, is there any way I could get a second on that motion? Mr. Johnson: I have a question, Mr. Mayor. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Do we need to be a little more specific as far as the audit? I know we need to be fair to them as well as to ourselves as to what kind of time frame once an audit is asked for, is it a window in particular of a time frame that they have to get the information to us? In other words, I just don’t want to say it could take 30 days or 60 days, but is it a reasonable time that should be – Mr. Mayor: Mr. Plunkett. Mr. Jim Plunkett: As to the actual documents, are you referring to that or the time to get the audit done? Mr. Johnson: At the time. Mr. Plunkett: Generally it would be a reasonable time. It would depend on the amount of documents you’re asking for. Mr. Johnson: Right. Mr. Plunkett: You know, I think that if, certainly 30 days, probably more in the neighborhood of two weeks – Mr. Johnson: Right. Mr. Plunkett: -- we would consider a reasonable time. Not knowing the magnitude of what someone’s asking for, you tend to not try to put in three days or five days or whatever. And also keeping in mind that this information would be available to the auditor themselves and that has some timeframes built into the contract of how quickly the audit has to be done. Mr. Johnson: Okay. Mr. Plunkett: I would think that if there was gamesmanship being played about not getting things to that then that would certainly be grounds for saying that they’re in breach of the contract. Mr. Johnson: And is that going to be stated within the contract? I know that we’re asking all this information today but I think it needs to be stated as well that in fact that is not adhered to and that’s why I asked about a timetable because we need to know if it’s 30 days and it’s supposed to be two weeks, you know, if it exceeds 30 days, does that breach the contract or how would you – Mr. Plunkett: There’s a provision in the contract that time is of the essence and that is a requirement that has to be done promptly. What I’m saying is that on a case-by-case basis could determine what promptly is. My suggestion is to not put as hard and fast numbers necessarily because we don’t know what’s being asked for. Mr. Johnson: All right. Mr. Plunkett: When you tend to say 30 days or something like that, something may be available in three days. They may wait the 30 days out as a principle, but I think that if someone doesn’t respond under time is of the essence, then that’s a breach issue, and you know, certainly built into that document. Mr. Johnson: Okay, that’s fair. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. Jim, I guess this might be more a Wayne question. Does this motion include the rate increase as well as the second floor crosswalk from the parking deck to the TEE Center? Mr. Plunkett: The motion last week was to accept this for information and that had your motion to have the bridge in the 70/30 position. I think for clarification the bridge should be part of this motion. There was the annual plan that was provided to the body that dealt with a rate increase. Under the original documents it says there’s 90 days to approve it. Since the body has that document in hand they can move forward and approve that annual plan which would take care of the rent increase and then Mr. Simon said last week upon this document approved, he So it may be appropriate to amend would provide the 2013 year, 2013 budget within 30 days. the motion to adopt the 2012 annual plan, the funding of the bridge and this amendment as well as the documents. Mr. Mayor: Mr. Guilfoyle, would you like to amend your motion to reflect those changes? Mr. Guilfoyle: Yes, sir, I would. Mr. Mayor: Okay. Mr. Bowles: I’ll second the motion. Mr. Mayor: Okay. Commissioner Hatney, then Commissioner Lockett. Mr. Hatney: The question I’ve got is the same one I’ve asked all the time. It was suggested I believe last time that the clear title of the land was contingent upon whether or not we agree to this beforehand and my question and concern still is just because, and I’ve been around this place a long time, just because something is in an agreement does not mean that it’s going to actualize itself and from my own personal point of view I would need to see something from the bank stating that, because it had a $7 million dollar lien on it, and I guess I’m not (inaudible) enough to believe that Wells Fargo is going to forgive $7 million dollars, so however that’s going to be done, but that process needs to be demonstrated clearly and from what I’ve read, it’s not. We don’t know whether we, and you say that this right here will take care of all of it, that’s not, that doesn’t satisfy my concern. This body should not be asked to vote on this without knowing without a doubt that that land belongs to the city. Shouldn’t even ask us to do that. I think that’s difficult. Mr. Plunkett: Mr. Hatney, I’m not sure that I can ever satisfy your concerns but I can tell you the logistics – Mr. Hatney: At least I hope you can try. Mr. Plunkett: I will do my best, sir. What would end up happening is if the body approves this motion today, the Mayor would sign the documents. I would have those in hand. Wells Fargo, which has already approved the documents for the release and the transfers, would transfer those documents to a closing attorney. The third part of it is the documents to be assigned by Mr. Simon, he would sign those, we would be in a room and we all exchange papers at the same time. There’s no “Here’s my papers and hope you do your end of the bargain” so everyone is at the same point in time. So I’m not sure if that addresses the issue but I don’t let go of mine until they let go of theirs. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I think I have this for the General Counsel, if I may. I still have a problem trying to ascertain how this particular property can be assigned to the Land Bank. I’ve read the mission and authority of the Land Bank but I can’t find anything in there at all that would show that this particular property can be assigned to the Land Bank and if it is sold I would like to know by what authority, and I would like for us to make that a part of today’s record. Mr. MacKenzie: I would be happy to respond to that. I think the answer lies in the provisions of state law that allow for Land Banks like the one that we have to receive property like the property at issue in this case. One thing to certainly clarify would be the mission and purposes of the Land Bank don’t necessarily provide restrictions with regard to what type of property they can legally receive and we have looked at this issue in depth and determined that the state law does allow for the Land Bank to hold this kind of property and there’s no running afoul of any state law with respect to that. Mr. Lockett: And lastly a few weeks ago you made reference to a state law and I asked you to provide me a copy and provide a copy for the record but I haven’t received that yet. I’ve also requested that this authority that you’ve just referenced, I would like you to provide a copy of that for the record and I would also like to have a copy. Thank you, Mr. Chairman. Mr. Mayor: Thank you. A motion has been made and properly seconded. If there’s no further discussion, commissioners will now vote by the usual sign of voting. Mr. Lockett and Mr. Hatney vote No. Mr. Mason out. Motion carries 6-2. Mr. Mayor: Thank you, ma’am. Mr. MacKenzie. 2.LEGAL MEETING A.Pending and potential litigation B.Real estate C.Personnel Mr. MacKenzie: I would entertain a motion to go into a closed meeting to discuss pending and potential litigation and real estate. Mr. Guilfoyle: So move. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Mr. Lockett votes No. Mr. Mason out. Motion carries 7-1. Mr. Mayor: We are in legal. [LEGAL MEETING] The Mayor Pro Tem called the meeting back to order. 3.Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Brigham: Motion to approve. Mr. Johnson: Second. Mr. Bowles: -- in favor vote. It’s the closed meeting affidavit. The Clerk: Okay. Motion carries 9-0. Mr. MacKenzie: The next motion I have is a Resolution authorizing the settlement of all claims by Beatrice Maxwell in the aggregate amount of $52,500, authorize the Administrator to disburse the amount, this amount and waiving any and all code ordinances in conflict with this for this instance only. Mr. Lockett: Move to approve. Mr. Johnson: Second. Mr. Bowles: Got a motion and second. All vote by the usual signal. Motion carries 9-0. Mr. MacKenzie: I also have another motion to approve the assignment of the Municipal Golf Course lease dated September 20, 2011 from The Patch in Augusta LLC, the lessee, to the The Golf Course at Augusta LLC, the sublessee, pursuant to the terms of the assignment of lease attached and to accept as payment for unpaid rents a bill of sale transferring ownership of certain grounds equipment to Augusta, Georgia pursuant to the terms of the bill of sale attached. Mr. Johnson: Move to approve. Mr. Aitken: Second. Mr. Bowles: Got a motion and second. All vote by the usual signal. Mr. Mason votes No. Motion carries 8-1. Mr. MacKenzie: That’s all I have, thank you. Mr. Bowles: Is that it, Andrew? Mr. MacKenzie: Yes. Mr. Bowles: All right. 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 27, 2012. ______________________ Clerk of Commission