Loading...
HomeMy WebLinkAboutCalled Commission Meeting October 29, 2012 CALLED MEETING COMMISSION CHAMBER October 29, 2012 Augusta Richmond County Commission convened at 12:00 Noon, Monday, October 29, 2012, the Honorable Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, Smith, Hatney, Aitken, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Mr. Mayor: Okay, if everybody’s ready, I’ll go ahead and call the special called meeting to order and would like to, due to the fact that it’s apparent that we do not have consensus on I’d like toequest a motion to pull that agenda item. agenda item #3. At this point r 3.Motion to approve TEE Center contracts (1) Amendment to Leases and Construction, Operating and Reciprocal Easement Agreement (2) Agreement for Right of First Refusal (3) Assignment of TEE Center Management Agreement (4) TEE Center Catering Agreement (5) TEE Center Reciprocal Easement Agreement (6) Deed. Mr. Hatney: So move. Mr. Mayor: Is there a second? Mr. Aitken: Second. Mr. Mayor: We have a motion and a second. Commissioner Jackson? Mr. Jackson: Yes, sir. In light of what’s going on, just wanted to, as I sent out an e-mail earlier, let’s get together Wednesday, time and place to be announced, and all interested parties come and attend and I think the compromise can be made and we can move forward from there. Mr. Mayor: We’ll schedule a work session for Wednesday. Okay, Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I’ve been absent for the last couple of meetings because of health issues but I’m back now. You know, we’ve had more work sessions, more called meetings on this particular agenda item. It is not the job of this governing body to negotiate contracts with anyone. We have people that are being paid big dollars to do this, but it appears that those people that we place in charge have sort of mixed obligations. They’re trying to serve two masters and at this juncture, I do believe that the Administrator, the outside counsel that’s handling this should either remove theirself or resign because they’re not doing what they’re getting paid to do. Thank you, Mr. Chairman. Mr. Mayor: Thank you, sir. We have a motion that’s been properly seconded. Commissioner Guilfoyle. 1 Mr. Guilfoyle: Yes – Mr. Hatney: Call for the question, Mr. Mayor. Mr. Guilfoyle: Mr. Hatney, can I say something? Mr. Mayor: I have recognized him first. Mr. Hatney: You have recognized him? Mr. Mayor: Yes, sir. Mr. Hatney: I apologize, my friend. Mr. Mayor: But I would have seconded your motion, Mr. Guilfoyle. Mr. Guilfoyle: Commissioner Jackson, thank you for calling for a workshop meeting. I know that Wednesday would not be a good day for me and I’ve been a part of this process all along and I would still like to continue to be a part of it if we could do it the first part of the week, that would help me out and I will be there. Mr. Mayor: Well, we will discuss and I’ll try to get consensus on the best time. Mr. Guilfoyle: Thank you. Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now vote by the usual sign of voting. Mr. Mason: Can we get some clarity because -- I guess my thing is that if you’re going to decide on a date, the motion was for Wednesday if I’m not mistaken so what are voting on? Mr. Mayor: No, the motion was to pull the agenda item and – The Clerk: To delete it. Mr. Mason: So can you just for clarity, just tell us exactly what the motion is? The Clerk: The motion is to delete a motion to approve TEE Center contract amendment leases construction, operating reciprocal easement agreements, agreement for right of refusal, assignment of the TEE Center management agreement, TEE Center catering agreement, TEE Center reciprocal easement agreement and deed. Mr. Mason: So then, I can understand, so then the meeting you’re going to have, is that something you’re coordinating? 2 Mr. Mayor: Yeah, I’ll set it up, I’ll try to get consensus with the commission and it will be a work session. It won’t be a special called meeting. Mr. Lockett: A point of personal privilege, Mr. Mayor. Mr. Mayor: Well, actually the question has been called for, Mr. Attorney. Mr. MacKenzie: You can always recognize a person for a point of personal privilege if you like. Mr. Hatney: Not after you call the question, now, come on. Mr. Lockett: This is for the General Counsel, Mr. Chairman. Mr. MacKenzie, I have a document, titled Mayors and Councilmembers, Power and Duties and Their Relationship to Other Municipal Officers, Boards and Authorities, and my question to you is there anything in written policy saying that it is okay, it is legal for commissioners and mayors to negotiate contracts? Mr. MacKenzie: Well, I think we would address is it illegal for a commissioner or mayor to negotiate a contract, is that correct? Mr. Lockett: My question was is it legal? Mr. MacKenzie: Well, in some jurisdictions there are such few personnel by necessity they do have to do that so I don’t think there’s a legal prohibition against that. Whether or not it’s an acceptable practice in a particular jurisdiction would depend on the rules and regulations in that – Mr. Lockett: Well, the fact is that we’re not one of those jurisdictions where we are limited with professionals to do this. In fact, we have an Administrator, we have outside counsel and we have your office and I said that because when you present something to this body, when I say you I mean the Administrator also and the outside counsel, this body needs to know that you’ve done the very best job you can for this city, for the residents of the city, and for the governing body and this is not happening. If I could get the authorization from my colleagues, I would like for you to get an opinion on this because everything I read from the Georgia Municipal Association, the Association of County Commissioners and everywhere else, it doesn’t say that this is a responsibility of the governing body. Mr. Mayor: Okay. Mr. Brigham: Mr. Mayor, can I have a point of personal privilege? Mr. MacKenzie: If I can just respond to that real quick. Mr. Mayor: Yes, sir, Mr. MacKenzie. 3 Mr. MacKenzie: I appreciate it. I actually agree with you. I don’t think it is the place of most elected officials to be negotiating contracts. However, it is the place of elected officials to approve contracts and if you would like for us to look into it further, there is special counsel that has been hired for this particular transaction and, you know, if there is some concern you have with that, then that’s something we can discuss. Mr. Mayor: Mr. Brigham. Mr. Brigham: I think Mr. MacKenzie just said that according to the Charter, the way I read it, that it is up to this commission to approve contracts. It’s not that the contract has been failed to be negotiated. It has been failed to be approved or disapproved. Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioners will now vote by the usual sign of voting. Mr. Mason votes No. Motion carries 9-1. 1.LEGAL MEETING A.Pending and potential litigation B.Real estate C.Personnel Mr. Mayor: Mr. MacKenzie. Mr. MacKenzie: I would entertain a motion to go into a legal meeting to discuss pending and potential litigation and real estate. Mr. Mayor: Can I get a motion to that effect? Mr. Guilfoyle: I move for approval. Mr. Mason: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Mr. Jackson and Mr. Bowles vote No. Motion carries 8-2. Mr. Mayor: We are in legal. [LEGAL MEETING] The Mayor called the meeting back to order. 4 Mr. Mayor: 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. Mayor: Can I get a motion to that effect? Mr. Guilfoyle: So move. Mr. Johnson: Second. Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now vote by the usual sign of voting. Mr. Hatney out. Motion carries 9-0. Mr. Mayor: Mr. MacKenzie. Mr. MacKenzie: I would entertain a motion to add and approve a resolution authorizing the settlement of all claims by Robert Smith through next-of-friend Melissa Smith in the aggregate amount of $200,000, authorizing the Administrator to distribute those funds and waiving the Augusta, Georgia Code if it’s in conflict for this instance only. Mr. Lockett: Move to approve. Mr. Smith: Second. Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now vote by the usual sign. Mr. Hatney out. Motion carries 9-0. Mr. Mayor: Mr. MacKenzie. Mr. MacKenzie: We have two additional items Wayne Brown will read into the record. Mr. Brown: Mr. Mayor, Commissioners, regarding the surplus properties that were put out for bid by Augusta, we have the following motions pursuant to discussions. A motion to accept the highest bidder for the following properties by the following bidders: 1. First property, 1710 Highland Avenue by Trotter Generals LLC in the amount of $310,000 subject to the preservation of the lay-down yard for use by Augusta Utilities Department to be negotiated by the Administrator with closing being authorized and to be 5 executed by the Mayor and Clerk of Commission as directed by General Counsel or his designee. The second property is 2526 Washington Road in the amount of $200,101 with the closing to be authorized and to be executed by the Mayor and Clerk of Commission as directed by General Counsel or his designee. Augusta’s brokers are authorized to notify the two above highest bidders on the two above properties that their bid has been accepted and there is no further action. Mr. Mayor: Can I get a motion to that effect? Mr. Smith: Motion made. Mr. Mason: Second. Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now vote by the usual sign of voting. Mr. Hatney out. Motion carries 9-0. Mr. Mayor: Mr. MacKenzie, do we have any further business? Mr. MacKenzie: That’s all I have, thank you. 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 October 29, 2012. ________________________ Clerk of Commission 6