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HomeMy WebLinkAboutRegular Commission Meeting November 8, 2012 REGULAR MEETING COMMISSION CHAMBER NOVEMBER 8, 2012 Augusta Richmond County Commission convened at 5:00 p.m., November 8, 2012, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Mason, Smith, Hatney, Aitken, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hon. Guilfoyle, member of Augusta Richmond County Commission. The invocation was given by the Reverend Robert Fain, Pastor Church of the Good Sheppard. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: And, Reverend, if you could, please come forward I have something for you. And I always enjoy your sermons on Sunday and I just enjoyed that sermon as well. Thank you Brother. By these present be it known that Reverend Robert Fain, Pastor Church of the Good Sheppard Episcopal Church is Chaplain of the Day. For his civic and spiritual guidance demonstrated throughout the community serves as an example for all of the faith community. th Given under my hand this 8 Day of November 2012. Deke Copenhaver, Mayor. (APPLAUSE) Mr. Mayor: Madam Clerk, on to the recognitions, please, ma’am. The Clerk: RECOGNITION(S) Community Champion Award A. Presentation to investors in the Augusta Housing & Community Development Department’s New Homebuyer’s Initiative. (Requested by Commissioner Alvin Mason) Mr. Mason: While they’re coming I just want to tell the reason why I thought that this would be a great idea. We’re going to recognize, this is a Community Champion Award and we’re going to recognize those individuals that have invested or reinvested in our community, in particular in the Laney Walker/Bethlehem area. As many know that this is an area that is a part of our largest revitalization effort. And I attended a meeting with Housing and Community Development at Tabernacle Life Center and there were several individuals that was mentioned that had invested in our community. And that bodes well for the entire community to see our local citizens invest back into the community. And so I thought it would be very, very important. And I spoke with Commissioner Aitken and we thought it would be very important to recognize these folks in front of God and country and the Mayor and everyone to let them know that we appreciate the investment because there was a lot of work that went into getting this off the ground. And to have you invest in our community in my mind is a huge, a very huge thing. 1 And that bodes well for the future and what we’re, what we’re doing. I also want to take the opportunity before we start with the awards to thank all the folks at the Housing and Community Development Department, all the staff all of our partner agencies as well, the Antioch and others, East Augusta Development. We thank you for partnering with us and understanding the vision and help us accomplish the vision of what it is that we’re trying to do in this particular area. So again I say thank you to each and every one of you. We couldn’t have done it without you. But a very special thank you to each and every one of you that have invested in our community. You are a true community champion and this is why we’re going to award you here today. The Clerk: Also for a note of recognition, while the majority of these community champions are located in the Laney Walker area we do have a few that’s in the Dover Lyman area which is represented by Commissioner Joe Jackson. We’ll start and share the wording on our Home Recognition Certificates. In appreciation for your support and investment in the City of Augusta Home Investment Partnership Program. Your willingness to invest in the City of Augusta exemplifies your commitment to a vision of strengthening our communities to economic and community development. Thank you for your outstanding contribution to restoring, rebuilding and revitalizing Augusta neighborhoods. The City of Augusta recognizes and applauds your dedication to the Augusta community and your inspiration of others to participate in the stabilization of our community. Our first recipient is Miss Mincey Anderson. Ms. Anderson is not in the chamber. Mr. and Mrs. Kevin Connolly. (APPLAUSE) Ms. Connolly is in Commissioner Jackson’s district. We’d like to acknowledge that. Our third recipient is Ms. Livingston and Mr. Bowman. Are you in the chamber? Our next recipient Ms. Loretta Harrison. Ms. Sharon Marshal. Ms. Angela Smith. Ms. Bernistine Strong. Mr. and Mrs. Lawrence Freeman. (APPLAUSE) Our next recipient Mr. and Mrs. Martin Harper. (APPLAUSE) Our last recipient in the Home Program Ms. Sheila Ashley. (APPLAUSE) Now we will recognize those new home buyers in the Laney Walker/Bethlehem Community. In appreciate for your support and investment in the City of Augusta’s Laney Walker/Bethlehem Community New Home Buyers Revitalization Initiative. Your willingness to invest in the City of Augusta exemplifies your commitment to a vision of strengthening our community through economic and community development. Thank you for your outstanding contribution to restoring, rebuilding and revitalizing Augusta’s neighborhoods. The City of Augusta recognizes and applauds your dedication to the Augusta community and your inspiration of others to participate in the stabilization of these national historic communities. Our first recipient Ms. Sabrina Holmes. Mr. and Mrs. Clayton Andrews. Ms. Ravina Green. Ms. Nakia Boles. Ms. Boyd. Ms. Adele Randall. Ms. Anita Coleman. (APPLAUSE) Mr. and Mrs. Fudget. (APPLAUSE) I apologize for that. Ms. Crystal Samuels. Mr. Neely and Ms. Nicola Turner. That does it, Commissioner Mason. Mr. Mason: I don’t know if the Mayor or the other Commissioners (inaudible). Mr. Mayor: I’ll just make one quick statement with regards to Laney Walker/Bethlehem. Earlier this year when I was doing my saving the city addresses somebody and I’m speaking for a civic group and somebody said, well, somebody from the group asked why are my taxpayer dollars going to fund building houses in the inner city. I said I’m so glad that they asked that. So when I highlighted what we’re doing in Laney Walker/Bethlehem I said you know it’s being funded through a dollar increase on the hotel/motel room fee. So it’s visitor dollars that are 2 going to fund this. Now we’re seeing a 7-1 private public investment ratio there. It’s added $3.3 million dollars to the tax base that wasn’t there before. People said we’d never sell a house in these neighborhoods and we can’t build them fast enough. What do you not like about that? And naturally there was silence. So this is doing great things for the city of Augusta and thanks to ya’ll for recognizing it. (APPLAUSE) Mr. Aitken: You know a lot of times you wonder how you change communities and that’s moving in. And when you move in and you have resources to give back to some of these tough neighborhoods and that’s what we’re seeing a lot more of downtown. People looking for housing to give back, we’ve got to have something for people to come back and give a part a part of it. Recreate some of the neighborhoods that are really gone and bring back (inaudible). Thank you for investing in that. (APPLAUSE) Mr. Lockett: For the sake of time I’m going to condense my speech. Congratulations. (APPLAUSE) Mr. Mayor: Madam Clerk? The Clerk: RECOGNITION(S) United States 2012 Olympic and Paralympics Games B. Messrs. George Kitchens and LantzLamback(Requested by Mayor Pro Tem Joe . Bowles) Mr. Bowles: Thank you, Mr. Mayor. This is a, it’s really an honor to be here amongst these two fine people of Augusta. And what prompted this was a phone call from a dear friend of mine that prompted this. But it started back a few months ago with Get Fit Augusta program that I’m working with. And I keep hearing there aren’t enough places and opportunities for people to exercise. I’m pretty you know concerned about my health of losing my father to a heart attack, my grandfather to a heart attack and they both had their first heart attacks at 38. So I know if I don’t take care of myself I’m going to be in that line laying on my back. And I see things that people do all throughout our community to get healthy and do healthy things and when I learned the story of George who overcame probably one of the biggest obstacles and he kind could’ve felt sorry for himself and done nothing with the tragedy that happened to he and his family. And instead he decided to live a very productive life and I’m getting goose bumps right now talking about it. Because even though he’s a graduate of Clemson, he graduated from Clemson and excelled at track and field at Clemson and then qualified this year for the 2012 United States Olympic Team. (APPLAUSE) I’m going to bring this over to the Mayor. George, I’m second string and the Mayor’s the first string starter so I’ll turn it over to the Mayor and like to hear a few words from George and (inaudible). Mr. Mayor: Well, I always believe in recognizing excellence and, George, you’re a fine example of that locally. You’re somebody for our kids to look up to and I think that that’s a 3 great thing. And once again health and wellness are very important to me. Joe inspired me to do the Half Ironman so he did it the first year we had it. I did it the next two years, challenged him this year and I was injured so he did it and set the record for local elected officials. You see we’re both a little competitive but with that I wanted to offer this Certificate of Recognition. Office of the Mayor. Certificate of Recognition given to George Kitchens, United States Olympian. For your outstanding achievement and excellence sportsmanlike conduct displayed during the 2012 Summer Olympic Games, finishing third in the 2012 Olympic Trials long jump and in 2009 placing fourth in the USA Indoor and third in the USA Outdoor Track and Field Championships the City of Augusta recognizes your commitment to athletic excellence and congratulates you for participating in the 2012 London Olympic Games. Given under my hand th this 8 Day of November 2012. Deke Copenhaver, Mayor. (APPLAUSE) Mr. Kitchens: Hello everyone. I would like to thank my sister as well as my friends for being here. E.M. Dubey who is the chair of, would you like to come up as well? Mr. Speaker: (inaudible). Mr. Kitchens: Okay. Thank you. He’s the Chair of the Georgia Association for Track and Field. So it’s you know a pleasure for him to come down from Atlanta and here on this occasion just to kind of show his commitment to Georgia athletes as well. I would like to thank the City of Augusta for definitely honoring me for this. You know, you guys, this is where I started you know this is where I went to school and this where I was born so to have you all give back to me and show that you all are gracious for the things that I’ve done for you as well as the things you’ve done for me is truly an honor. Thank you for your recognition and I appreciate it. (APPLAUSE) Mr. Speaker: Well, I’d like to thank you know the City of Augusta for letting us take a few minutes of their time. And I wanted to leave a challenge to both of you, the Mayor and Joe. Mr. Mayor: Co-Captain. Mr. Speaker: Co-Captain. Augusta’s got a lot of great athletes. I’ll say this. I coached, I’ve coached collegians for many years. My first athlete that was a junior championship was Anita Howard. Anita Howard if you all remember Anita Howard from Augusta and I’ll ask that you guys do everything in your power to allow these athletes to have an opportunity a venue to exercise and become the great champions as you know athletes like George, Anita Howard and a few others that have come before them. So I’ll lay that challenge out to you guys. And um, I want to give George the USATF Georgia Association 2012 Presidential Award. And it’s in recognition for his Olympic achievement and his overcoming adversity in making the 2012 Olympic Team. George, thank you very much for your efforts. (APPLAUSE) Mr. Lockett: Mr. Mayor, I would like to put you and the Mayor Pro Tem on notice. Your record will be broken next year. I’m in training already. Mr. Mayor: Madam Clerk, on to the delegations, please, ma’am. 4 The Clerk: DELEGATIONS C. Dr. Lori Myles regarding South Augusta Bus Transportation. Mr. Mayor: And if you could keep it to five minutes, please, ma’am. Dr. Myles: Good Afternoon everyone to our honorable Mayor of course and to the Board of Commission, the Commissioners and of course the public at hand. I am Dr. Lori Myles, of course, President of the One Hundred Black Women of Augusta but also a community advocate and servant to all women to all homebuyers and to basically everyone who’s in need. Of course this is about the South Augusta Exodus. For those of you who may not know what the South Augusta Exodus is it is our advent for the community to move our students, to move our community our children and our families out into the South Augusta area. This has been a good thing. It is a part of that community development part of the vitalization initiative part of HUD and other partnerships to help enhance our growing communities and our needs. But it is my request that you don’t forget to provide access to transportation to this new promised lands South Augusta. While mentoring one of the young women who had children I found out that one of the reasons why she was unable to get a job was she asked me how am I going to get the job? I have no ride, the bus stops at Peach Orchard Road. Also I asked again she had been given the housing and she had been given the things that she needed but she was unable to be able to get to the job and back. Your mission states that the Augusta Public Transit exists to give our customers access to all regions of Augusta Richmond County be providing a quality dependable safe and accessible as well as affordable transit service thereby enhancing the mobility of the general public our community. Well, mobility has come to a standstill. There needs to be bus service in South Augusta. I came up of course after even speaking to the bus riders. I pulled out a map at Augusta GOV and I also saw two things that alarmed me. One of them was that the main transit station, it’s okay, that it is off of Broad Street. But most of the community has now moved. They no longer and they are on their way to being moved out to South Augusta. If we don’t move this station then at least let’s add to it. I found out that your second station was at Kmart. But as I looked around if that’s the station it’s only a place to sit. Where’s the building? Who’s manning it? I’m asking these questions because number one, we have men women and children that are basing their whole foundation of living off of riding the bus. So I come to you today to say, yes, the buses should go past Wal-Mart. Yes, the buses should go to Fort Gordon. Yes, the bus route should include and extend off Deans Bridge Road to Tobacco Road, Windsor Spring and Peach Orchard. And again whatever it takes they may have mentioned that they have a seven day pass but the bus does not run on Sunday. And, yes, I do and I still ask these questions and I ask the humbly to every Commissioner that they look out for as they say they underdog, the community. Thank you very much for your time and your presence. Mr. Mayor: Thank you so much. Mr. Lockett: Mr. Mayor? Mr. Mayor: Commissioner Bowles, did I see your? 5 Mr. Bowles: No, not yet. Mr. Mayor: Okay. Yes sir, Commissioner Lockett. Mr. Lockett: Dr. Myles, thank you so very much for your interest in public transit and all that you do in this community. Your assessment was right on time. I’ve been an advocate for a long time for better transit in this city. More people will leave automobiles at home. Those that have automobiles and would take transit if we had it. I’ve been an advocate for transportation to go to Fort Gordon. It’s really humiliating when you go out to Fort Gordon and go through Gate 5 and you see signs up saying Help Wanted. It is unique that military installations pay their employees more than you get out here or downtown but they can’t get out there. Being the second largest city in the State of Georgia there’s no reason that we don’t have a good transit system and I hope, I would hope that the political wheels to do just that will be in existence with this body prior to the end of the year. Thank you so very much for your presentation. Mr. Mayor: Thank you, Commissioner Lockett. Commissioner Mason? Mr. Mason: Thank you, Mr. Mayor. Miss uh, Dr. Myles, I certainly appreciate you coming forward today. You more than accurately articulated the issues that we have currently with transportation. A couple things I want to point out in reference to the transportation and in reference to Fort Gordon in particular. Many requests or say that they want transportation out to Fort Gordon. Well, one of the things that prevents that is that there has to be a will from the Fort Gordon Commanding General as well as the post, the Garrison Commander for that to come out there. And so it’s not just as simple as running buses to Fort Gordon. We’ve got to get that going through the will of the command out at Fort Gordon. And there’s some extenuating circumstances that currently is preventing that right now even if we could do that. So being a retiree out at Fort Gordon, I’m also working on Fort Gordon. I’ve had those conversations with the Post Commander as well as the Commanding General and so that’s something that would take some serious working. But the rest of what you said have been absolutely on point. And one of the things I want to mention and I hope that this Commission and those that are coming on would take this very, very seriously because we have the ability to make it happen. Now we understand transportation is not a money making venture. It’s not a money making venture in any city, but absolutely, the areas that you mentioned that are without transportation and the property owners, we pay taxes for transportation but we can’t step out and take a bus if we wanted to or if we needed to. But more importantly as we move forward and we’re talking about economic development and growth and bringing in mixed use developments that are removing housing projects and so forth it becomes imperative at this time to start thinking very seriously about giving the tools to individuals so that they can be successful. What am I talking about? If we move folks out of Cherry Tree, when we move folks out of Cherry Tree Housing just like we’ve done under, please, thank you, just like we did --- Mr. Mayor: Commissioner Mason. Mr. Mason: --- just like we did Underwood and other places we have to give them the tools to be successful. A lot of those folks rely on public transportation for their everyday living in terms of jobs in terms of going to the grocery store and these types of things. Now we fully 6 understand that you’re not going to be able to move anywhere in Augusta with this voucher, okay? And the most likely place that you’re going to end up is South Augusta or East Augusta. And if you end up in South Augusta you do not have transportation what that cause? It causes more issues in terms of crime and other types of things and just being able to have a quality of life. So why am I saying all of this? I’m saying it because this Commission has the ability and the authority to make it happen and we need to make it happen if we’re keeping in line with this mixed use development and growing our community and that whole thing then we’ve got to give the people the tools to be successful. And that’s what needs to happen off of this Commission. So I implore my colleagues that we take the lead and we make that necessary regardless to Mobility or whomever or anybody else. We can make that a priority if we’re going to have our community be a community of one and a successful community. So I appreciate you coming forward. It’s absolutely needed and we’ve got to address that issue. Mr. Mayor: And, Dr. Myles, I just wanted to say sort of echoing and building on the comments of my colleagues. I appreciate you coming before this Commission. And I’ve said and to go along with what Commissioner Lockett said we are the second largest city in Georgia and we need an efficient and effective public transportation system. I’ve long said that you know a lot of folks look at it as well this is for people who can’t afford cars. That’s not the case. In recruiting ADP a Fortune 300 company that brought 1,000 jobs to Augusta one of the first questions asked me was how’s your public transportation system? Same thing with T-Mobile bringing in 800 jobs. National demographic trends show that millennial 20 and 30 somethings don’t want cars anymore. You know they want to be able to ride the bus or ride their bikes or put their bike on a bus. So I concur with my colleagues, I concur with you and I appreciate you bringing that to our attention. And I believe we can get there. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I would just like to, well, first of all, how are you doing, Dr. Myles? I’ll have you all know this was actually one of my teachers back at Laney. She looked good and I’ll tell you --- Mr. Mayor: Still does. Mr. Johnson: I will say that and I definitely echo the sentiments of my colleagues but I will say that and I’m going to step out on a limb a say we will get this done. We will get it done. We have, I truly believe we have if we don’t have we will have the staff to make it happen. And we understand the need is going there and we got to make sure we provide it. So we’re going to work on it along with my colleagues and we’re going to make this happen because we realize how imperative it is. And you’re right. We don’t want it to be something that people have to do we want it to be a choice, an option you know. And of course what we’re trying to do downtown and in other areas we want people to feel comfortable riding transit and leaving the Beamers at home and that kind of gets rid of the cluster and congestion in our inner city. So I applaud you know your comments here today and thank you for taking a stand to represent these folks. Mr. Mayor: Thank you for the positive impact --- Dr. Myles: (inaudible) city of Augusta. 7 Mr. Mayor: --- and thank you for the positive impact you had on Commissioner Johnson. Commissioner Bowles. Mr. Bowles: This is going to be for Mobility not for you. But I always thought and people always say that I’m the one that needs the filter between my brain and my mouth but I did like the comments Corey. I’d like to hear from Mobility because they were brought to Augusta not to expand the service but to come in and take a look at what was going on and give us some ideas. So I’d like to hear from them. Mr. Mayor: Okay, I know we have some --- Mr. Russell: We have several representatives here and if you’ll introduce yourselves --- Mr. Mayor: And if ya’ll could keep it to five minutes as well to be fair. Mr. Speaker: Okay, Mayor. First of all I’ll say good evening, Mayor and Commissioners. My name is Roosevelt Bradley. I’m happy to be here this evening. As a matter of fact this is my first time in Augusta. And the reason why I’m here with Mobility I’ve been submitted as your new General Manager to help with the vision and improvement in transit service. I have over 35 years of experience in transportation on the public and private side. As a matter of fact I’m the former Chairman of the Conference of Minority Transportation Officials out of Washington DC. I was the subsidiary for the Federal Transit Administration job. I have a consulting firm, I have a small business and I’m putting that on hold to make sure I come here and take us where we need to go. I understand what you want and where transit needs to be with my 35 years in transportation. And I know we can get there as you said Commissioners. We’ll have to make some tough decisions and we need to go to every community. So if you’re looking for someone, a top gun to come in here and help you reach your vision with mixed use transit or in development, there are a lot of federal dollars out there to supplement the service. A lot of state dollars someone that has done it before that can do it again. And I look forward to your support for helping me be your new General Manager to reach the vision that everyone wants and to improve the transportation in this community. Thank you. Mr. Mayor: Okay, thank you, sir. All righty, thanks everybody. Madam Clerk, on to the next delegation. The Clerk: DELEGATIONS D. Mr. Gary Swint. RE: Introduction of the Director of the Augusta-Richmond County Library. Mr. Mayor: Mr. Swint, and if we could keep it to five minutes as well but thank you for doing this and it was a pleasure meeting you the other day too. You’re on. Mr. Swint: I would like to thank the Commission for allowing me to introduce Ms. Price. I would specifically like to thank two of the Commissioners, Alvin Mason who is the 8 Commission’s appointee to the Board, a representative to the Board and to Grady Smith for appointing me to the Board. The search committee for the Library Director was composed of board members and representatives from the community. We looked at a field of applicants from across the nation and one from Europe. They determined that the one from Europe was the best choice. They selected Darlene Price. She is in a way coming home. She’s a native of Wilkes County. She attended North Carolina Central University and since graduating most of her career has been spent in Armed Forces libraries but in the states and in Europe. Most recently as the regional director of Air Force libraries at Ramstein Air Force Base in Germany. And I also forgot to thank Lena Bonner for being the First Lady of the Commission doing her always efficient job. And I just hope you will welcome Darlene and offer her your help and support in the coming years. Thank you. (APPLAUSE) Ms. Price: Thank you, Gary, for taking up three of my five minutes. Mayor Copenhaver, Commissioners, and citizens of Augusta-Richmond County, good evening. First of all I want you to know I am so happy to be back home in Georgia. My roots are not far from here and I feel like I’m just at home when I’m in Augusta. During the upcoming year in the library department there are four things that we want to focus on. We want to focus on expanding programs and services to teens and young adults. We want to enhance our Web presence by putting more things on our website that people can access from home and they don’t have to come into the library unless they chose to do so. We want to obtain more funds to support the renovation and expansion at Maxwell Branch, Friedman Branch and Wallace Branch. And we also want to place a lot of emphasis on partnering with the community to enhance our programming and the services offered. And so in the next few months I will be extremely busy as I knock on the doors of all the Commissioners. I’ve already stopped in on the Mayor. I told him I found time to meet him you know in spite of my busy schedule. And so I look forward to meeting all of the Commissioners and so that you can provide guidance to me as to how we can work together to get things done here in Augusta-Richmond County. And I firmly believe that education is the passport to the future and we know that libraries play a pivotal role in literacy and quality of life pursuits. And to that end we serve the people. Thank you. (APPLAUSE) Mr. Mayor: Thank you, ma’am. And I just before I recognize, I think coming from the US Air Force Base in Ramstein that we’ve got another top gun on board. So, Fred? Mr. Russell: Mr. Mayor, just to put you all on notice she came to visit me last week and spent about two seconds. And the only question she asked was how do I get to Finance? So I think that’s a good sign at this point. Welcome aboard. Thank you. Mr. Mayor: Obviously a very smart lady. Mr. Lockett: Mr. Mayor, may I? Mr. Mayor: Commissioner Lockett. Mr. Lockett: I just want to say Ms. Price welcome again. And I just want to let you know I don’t have an open door policy. 9 Mr. Mayor: All righty, Madam Clerk, on that note on to the final delegation. The Clerk: DELEGATIONS E. Presentation from the Augusta Salvation Army. (Requested by Commissioner Corey Johnson) Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. Ms. Bonner, they will not be here today. They asked me to speak on their behalf. After speaking with Ms. Debra McKenzie over at the Salvation Army of course you know it’s that time of season where people are asked to give a little bit more to help out those who are less fortunate. And of course you know when you visit grocery stores and Wal-Mart you see the bell ringers out there ringing the bell to try to of course solicit donations for the Salvation Army so they can do something to help those who are in need. And what I just want to say here and I think the sole purpose of this presentation was to challenge my colleagues. It’s not saying that you have to do it but if you guys can commit, well put it this way. If you guys can commit to at least one hour at your place of choice to ring the bell and collect funds for the Salvation Army it would be a great pleasure and I tell you they will be very grateful for us doing that. So I just want to challenge you all if you can block and hour out of your schedule just whatever day you chose and whatever location you chose to go out and ring the bell and ask for support. And you’ll be surprised of the you know the feedback you’re getting not only for the Salvation Army but for yourself and the kudos that you get the self- fulfillment in others words that you get for doing something to help those who are in need. So I just want to put that out there Mr. Mayor and like I said if you all have any questions Ms. Debra McKenzie is the Director over at the Salvation Army. Please do contact her or you can contact myself and I’ll be more than happy to make sure that they understand that the hour and the day that you have available to go out and actually participate in the bell ringing for the Salvation Army. So again with that I do challenge you all to keep that under your hats. And if you do have the opportunity to do that by all means take advantage of the opportunity. Thank you, Mr. Mayor. Mr. Mayor: And just to go along with what you’re saying Commissioner Johnson and I completely agree. Each year the bell ringers are on the Augusta Commons for the Christmas Light Up Spectacular. I always take time to ring the bell down there. So if you can’t get to another place they’re always looking for bell ringers there on that special occasion. So thank you taking the lead on that. And, Madam Clerk, before we move on to the consent agenda I just wanted to take a point of personal privilege and recognize that we have Commissioner Elect Marion Williams in the room. Commissioner, welcome. Good to see you. (APPLAUSE) On to the consent agenda, please, ma’am. The Clerk: Yes, sir. Our consent agenda consist of items 1-18. Items 1-18. For the benefit of any objectors to the two alcohol petitions once those petitions are read would you please signify your objection by raising your hand. I call your attention to: 10 Item 1: Is a request for a retail package Beer & Wine license to be used in connection with the Chevron Food Mart located at 202 E. Boundary St, Suite B. Item 2: Is a request for a retail package Beer & Wine license to be used in connection with AM PM Convenience Store located at 2262 Rosier Road. The Clerk: Are there any objectors to either of those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Mr. Mayor and members of the Commission, our consent agenda consists of items 1-18 with no objectors to our alcohol petitions. Mr. Mayor: Okay gentlemen do you have any additions to the consent agenda? Any items to be pulled for discussion? Okay, hearing none could I get a motion to approve the consent agenda? Mr. Lockett: So moved. Mr. Jackson: Second. CONSENT AGENDA PUBLIC SERVICES 1. Motion to approve New Ownership Application: A.N. 12-41: request by Prashant J. Pandey for a retail package Beer & Wine license to be used in connection with Chevron Food Mart located at 202 E. Boundary St, Suite B. District 1. Super District 9. (Approved by Public Services Committee October 29, 2012) 2. Motion to approve New Application: A.N. 12-42: request by Amarjit Kaur for a retail package Beer & Wine license to be used in connection with AM PM Convenience Store located at 2262 Rosier Rd. District 6. Super District 10. (Approved by Public Services Committee October 29, 2012) 3. Motion to approve an operating budget for the Augusta Municipal Golf Course that will address anticipated operational expenses for the last quarter of FY 2012. (Approved by Public Services Committee October 29, 2012) 4. Motion to approve the full service project management and support of HEERY for Augusta Public Transit’s RFP-11-138 Architectural and Engineering Design for a Transit Operation and Maintenance Facility for Augusta, Georgia. (Approved by Public Services Committee October 29, 2012) 5. Motion to provide authorization to Turner Construction Company to award Bid Package #1, in the amount of $206,131.00, which provides the Cooling Tower and Boiler for the Augusta, Georgia Municipal Building Renovations and Modernization. Approve by Public Services Committee October 29, 2012) 6. Motion to approve Change Order #1 to Blair Construction, Inc. in the amount of $80,102.30 for the outdoor basketball complex at Diamond Lakes Regional Park. (Approved by Public Services Committee October 29, 2012) PUBLIC SAFETY 11 7. Motion to approve acceptance of grant award to the Richmond County State Court Accountability Court Programs in the amount of $26,200 for the period of 10/1/12 – 9/30/13. (Approved by Public Safety Committee October 29, 2012) 8. Motion to appoint an ad hoc traffic committee to study the most likely streets and corridors where the use of Light Transportation Vehicles (LTVs), such as golf carts, would be reasonably safe to operate (provided adequate signage and separate lanes where appropriate) and where using them would be consistent with the traffic and planning needs. The ad hoc committee will be comprised of Traffic Engineer (or representative), Administrator (or representative), Sheriff (or representative), Director of Planning and Development (or representative), General Counsel (or representative), representative from the Convention & Visitors Bureau, E-Z-Go Company, Greenway Alliance, a student from a local university and a handicapped person from Richmond County. (Approved by Public Safety Committee October 29, 2012) FINANCE 9. Motion to approve using the previously allocated $100,000 for improving the old Augusta Metro Chamber of Commerce Building on Broad Street. (Approved by Finance Committee October 29, 2012) 10. Motion to approve of budget increase to include revenue and expenses for the GA MPO Conference to be held on November 29-30, 2012. (Approved by Finance Committee October 29, 2012) 11. Motion to approve increasing the Disadvantaged Business Enterprise Department th expenditure level, funding source will be provided by contributions from 5 Annual Business Expo Platinum Sponsors. (Approved by Finance & Administrative Services Committee October 29, 2012) 12. Motion to approve transfer of funds to cover Worker’s Compensation claims through the end of 2012. (Approved by Finance Committee October 29, 2012) ENGINEERING SERVICES 13. Motion to approve Roadway Lighting Agreement with the Georgia Department of Transportation along State Route 4 between Government Road and Milledgeville Road as requested by Traffic Engineering. (Approved by Engineering Services Committee October 29, 2012) 14. Motion to provide approval for Cranston Engineering Group to perform several tasks relating to the Augusta Canal, license requirements of the FERC and overall safety and security of the Augusta Canal first level. (Approved by Engineering Services Committee October 29, 2012) 15. Motion to approve the awarding of low bid #12-189 in the amount of $88,138 to General Electric Co. (GEXPRO) for street light poles and fixtures for replacements/repairs in the Augusta Richmond County Urban areas for a period of one year. The funds are available in the Street Lighting budget account No. 2760416105311640. (Approved by Engineering Services Committee October 29, 2012) 16. Motion to approve award of Construction Contract to MABUS Brothers Construction Co., Inc. in the amount of $235,191.53 for Marvin Griffin Road Improvement Project – PHASE 1 subject to receipt of signed contracts and proper bonds. (Approved by Engineering Services Committee October 29, 2012) 12 PETITIONS AND COMMUNICATIONS 17. Motion to approve the minutes of the regular meeting of the Commission held October 16 and Special Called Meeting held October 22 & 29, 2012. APPOINTMENTS 18. Motion to approve the appointment of Mr. Randy Wishard to the Augusta Animal Control Board representing District 2. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Mr. Hatney: Ms. Bonner? Mr. Mayor: Commissioner Bowles. Mr. Bowles: I’d like to vote no on alcohol. No, I’m just kidding. I’d like to vote no on number three, please. Mr. Mayor: Okay. Yes sir, Commissioner Brigham? Mr. Brigham: Mr. Mayor, I’d like to also be recorded as voting no on Item 3. The Clerk: I didn’t get that, Mr. Brigham. What was --- Mr. Brigham: I would like to be also recorded as voting no on Item 3. The Clerk: Okay, so that’s two on Item 3, Mr. Bowles and Mr. Brigham. Mr. Mayor: Commissioner Hatney, I just got a little nostalgic. I’m going to miss you abstaining on alcohol licenses. We’ve only got a couple more times for you to do that. Mr. Hatney: That’ll be fine. Mr. Mayor: But you won’t be missing me. Mr. Hatney: (inaudible) Mr. Bowles and Mr. Brigham vote No. Motion carries 7-2. [Item 3] Mr. Hatney abstains. Motion carries 8-0-1. [Items 2 and 3] Motion carries 9-0. [Items 4-18] 13 Mr. Mayor: Madam Clerk, on to the regular agenda, please. The Clerk: FINANCE 19. Discuss creation of Tax Allocation District 4. (No recommendation from Finance Committee October 29, 2012) Mr. Brigham: Mr. Mayor? Mr. Mayor: Yes sir, Commissioner Brigham. Mr. Brigham: I see Mr. Plunkett in the room. I would like for him to come up and give the outline of TAD 4, for the new TAD 4. Mr. Plunkett: Mr. Mayor, members of the Commission this is a proposal to create a new TAD known as Tax Allocation District #4. It is predominantly moving from TAD 1 the item shown of property shown in light green plus the addition of a small tract of land in dark green for th the east, I’m sorry the western end down by 15 Street. We have had a fair amount of luck in the creation of TAD 2 and TAD 3 in recruiting businesses and this would be an opportunity to allow for Tax Allocation Districts to improve the ability to improve businesses in the downtown area. Typically what’s happened in the last two TADs is that when a entity is interested in coming to Augusta there’s some, that’s the catalyst to have a TAD created. Mr. T.R. Reddy is the owner of th the property down at Broad and 5 Street which is the old Days Inn. He is interested in renovating that project so he contacted the Finance Department about doing that. In discussing this with Mr. Brigham as the Chairman of the Finance Committee the thought was to expand that area so that it would allow for other types of businesses to be improved in that area. So that’s generally what’s going forward. I’ll be happy to answer any questions or I think Mr. Reddy is here if you all have any questions of him. Mr. Mayor: Commissioner Lockett. th Mr. Lockett: Mr. Plunkett, the, I understand down on 15 and Fenwick they don’t have any concern there. But on Broad and Gordon Highway I know we talked about it for years about even putting a new hotel there are renovating the one that’s there. But my question is this. With the Marriott receiving tax breaks or incentives or whatever with the potential of the one on Broad and Gordon Highway receiving breaks what is that going to do to the other hotel that we have on Broad Street? What is going to be the impact on them? I don’t know if they’re getting tax breaks or not but you’ve got the Marriott that’s getting them. This new hotel that we’re talking about will get them and this hotel we have I guess is what the 600 block of Broad Street which is going to be competing with them. Now what kind of impact is that going to have on them? Mr. Plunkett: Sir, I don’t, if it will have any impact. Mr. Lockett: Was that a part of the thought process? 14 Mr. Plunkett: It is, part of the process is that it is an inducement to have new businesses located into the area. Mr. Lockett: I understand that part. Don’t get me wrong, I’m not trying to talk over you but I do have a concern now because Broad and Gordon Highway we’re talking about just that one parcel. Mr. Plunkett: Yes, sir. Mr. Lockett: Right, sure go right ahead. Mr. Plunkett: There is the potential that if there were redevelopment purposes that are allowed under redevelopment laws then that facility could potentially do that. Again it’s constructural issues. It intends to be pre-vertical development versus vertical development where monies are given or tax credits are given that way. Certainly I assume your referring to the Miss Ruben’s Hotel you know we’d be happy to talk with here that if there’s things that would qualify if she was making improvements. Typically what we have done is that any type of (inaudible) project is that the tax benefits is, does not exceed 10% of the project. So in this case this is a $6 million dollar project potentially the maximum benefit would be $600,000 dollars over a number of years. If Ms. Ruben was coming in and doing a million dollar improvement and it would qualify for redevelopment purposes than she would potentially get $100,000 dollars of benefits there. We do look at the issue of the impact on existing business. Certainly when COSTCO was coming in we looked at the cannibalization of sales that there was no need to open a COSTCO if it was going to cost Sam’s to close. Mr. Lockett: Right. Mr. Plunkett: We anticipate and it’s more anecdotal but based on some of things from talking to (unintelligible) historically with the TEE Center that there’s demand for rooms in the downtown corridor. So the thought was it may have a momentary or temporary impact when the hotel opened. But the big picture of it is that the TEE Center should be driving additional room nights from Ms. Ruben’s hotel plus the Marriott and the need for other hotels within a short distance such as the old Days Inn. There’s a thought that the hotel rooms out on Washington Road at Claussen Road are relatively too far for folks to want to stay at the TEE Center. So that was kind of the impenitence for the idea behind supporting a TAD that would benefit this particular site. So, yes, sir, I mean I don’t have answers entirely to your question but we did think about the other hotels in the area. Mr. Lockett: You know I appreciate your comments and the last thing I’d like to say is don’t get me wrong I’m very supported of what Mr. Reddy wants to do. In fact I’ve been in support of doing something on Broad and Gordon Highway for many years. But I just wanted to make sure that it’s not going to have an adverse impact on anybody else. And you said that you would talk to the owner. If you would do that I would appreciate it. Mr. Plunkett: I’d be happy to talk to her. I can’t guarantee there won’t be an adverse impact because generally any new product it’s more than the old product. So I just don’t know 15 that but I also have to issue the price points. Mr. Reddy’s in the $60.00 range and she’s at the $90.00 dollars range. There’s things like that. But certainly if we could benefit her the tax dollars already going to the special funds so it’s not an adverse to Augusta. And if we can help any business downtown hotel or otherwise why wouldn’t we? Mr. Lockett: I appreciate it. Mr. Mayor: And I just, go ahead, Mr. Reddy. Mr. Reddy: We will not take any rooms from the other hotels but we will add rooms to the Augusta area. When Columbia County people will stay in the Holiday Inn now. There’s no other Holiday Inn in this area. So actually it will add tax dollars to the city. We will be taking one cent off of that and giving back to (unintelligible). Mr. Mayor: And just a quick example of you know this year the Iron Man expanded their field from 32-3400 athletes, 35. For every athlete they average bringing four people with them. So they’re looking to expand to 4,000. And it’s you know the Partridge Inn in that event is packed and they athletes would prefer to stay downtown if possible. So I just think events like that will pack all the hotels downtown. So thank you for your investment. Mr. Reddy: (inaudible) Mr. Jackson: Motion to approve. Mr. Mayor: Commissioner Jackson wanted to know where the bar was located. And Commissioner Bowles seconded that. Mr. Bowles: 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 Passes 9-0. Mr. Mayor: Madam Clerk, the final agenda item. The Clerk: FINANCE 20. 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) 4 TEE Center Catering Agreement (5) TEE Center Reciprocal Easement Agreement (6) DEED. (Referred from October 16 Commission meeting) Mr. Mayor: Okay. Mr. Plunkett. 16 Mr. Plunkett: Mr. Mayor, previously we brought this to you on a number of occasions. I had the opportunity to talk to a couple of the Commissioners for some clarifications, those points that they had questions about. I met with them, worked up some issues there, went through that with Augusta Riverfront and Paul Simon. I have typed those up into the form of a motion as well. Most of this was previously seen by them but there’s some edits to that. There was also two deal points that were problematic from what I’ve heard from Commissioners in the past. Those two things were the term of the agreement for the management of the TEE Center the second was the term of the agreement with the catering. A deal has been struck if this body approves it where the TEE Center Management Agreement will still be fifteen years but either party will have the right to terminate at the end of five years. The second part of that is the catering agreement something of a bone of contention because of the perceived ability for the caterer to shift expenses to Augusta in that regard. One of the proposals that has been thought about in the past and we resurfaced on that and we had tax approval on this is that the catering agreement would be for two years. At the end of the first year the parties would meet and confer and at that point in time the agreement could be terminated. If it was not terminated at that point it would automatically renew for a success of periods of two years but every year there would be a meet and confer. Instead of Augusta paying expenses and having some down side risk and upside risk the caterer would absorb all costs associated with catering that’s food costs, utility costs labor costs. In exchange what Augusta would receive is the first $400,000 dollars of sales Augusta would receive no commissions. Between $400 and $500 thousand the next hundred thousand Augusta would receive 5%. After the next, for the next $250 thousand dollars Augusta would receive 10% and any sales above that would be 12 ½ %. What this does is while it does not give us as much upside risk, upside benefit it substantially minimizes the downside risk which is one of the concerns we’ve heard. Outside of that there’s also the issue of what if the agreement was terminated early by the caterer. And just in the last couple of minutes we resolved that issue and that is if the caterer was terminated within the first fifteen years, we always talk about a fifteen year agreement then they would pay the unamortized value of the equipment less the properties that they donated to the project. So for instance if the equipment was worth a million and a half dollars and the land was worth $750,000 dollars there’d be $750,000 dollars they would pay unamortized over fifteen years. So it does down as the property goes down in value. But that way Augusta is not holding the bag in that regard. And so there’s maintenance issue that they would also have to go along with that. I’m happy to go through this point by point. Alternatively I can show you the summaries of it and go through it however you like. I’m happy to answer any questions. Predominately the things have been tweaks, very, very small issues the two deal points I was just discussing were fairly significant. And I think this body may find them more attractive. Mr. Mayor: Commissioner Bowles, did you? Okay. Mr. Bowles: Yeah --- Mr. Mayor: Commissioner --- Mr. Bowles: --- Jim, utilities the caterer is going to pay. What utilities are they paying? 17 Mr. Plunkett: They would be paying, I think I have copies of this I’ll distribute out to everyone. They would be paying, gas is already metered separately. They would, we would make sure that power is metered separately. They would pay labor, they would pay food costs, they would pay, you know --- Mr. Bowles: Is that utilities on the kitchen itself or on --- Mr. Plunkett: On itself. Mr. Bowles: --- but not the TEE Center Building? Mr. Plunkett: The TEE Center would pay for its own utilities. Mr. Bowles: Okay. Mr. Plunkett: So the rents, the receipts for the rental of the hall would pay for that. Mr. Bowles: And the food commissions are for strictly for the TEE Center and not the conference room’s meals. Mr. Plunkett: That’s correct because under the existing conference room agreement we receive a commission on those. Mr. Bowles: Commission on the meals or just, I thought it was the room rentals. Mr. Plunkett: It’s just the gross receipts. Meals go into the gross receipts. Mr. Bowles: Okay. Mr. Plunkett: So this would be the separation of the two facilities in terms of the commissions. Mr. Bowles: But we are, in doing this we are forgiving the profits of the caterer for the TEE Center. Mr. Plunkett: No, sir. What would happen instead of the profit, if I can draw your attention this. What we would be doing we would actually be receiving just a commission on sales. And so in exchange we would not have any downside risk. In other words if it lost money we don’t have any costs in that regard. I’ve got a spread sheet that may be somewhat illustrative of numbers that are involved if that may help I’ll try to explain it the best I can. Mr. Bowles: Yeah, I’m just trying to see how this is an outside catering where you’re going to make some money in the last budget that I saw. Mr. Plunkett: All right (inaudible) specifically clear. All right the in house catering is the idea from the prior budget that was previous distributed out. The initial budget was that sales 18 new sales would be $315,000 dollars for a total income of $315,000. The labor costs the food costs catering fee showed a loss, an expense of $339,000 dollars from the previous schedule. Mr. Hatney: Three thirty nine. Mr. Plunkett: No, sir, previously it was $339 because the cost of utilities that is power was shown on the TEE Center budget okay so that was unstated in there so it artificially reduced the amount of profit or loss. So realistically the loss under the original budget was $74,000 dollars. Mr. Simon provided a second forecast and said if we increased sales by $400,000 dollars or something like that that the TEE Center, the catering would generate about $124,000 with expenses. Yet again you have the power issue that was going to the TEE Center. So the profits would be $96,000 dollars. Those numbers of sales of $669,000 I believe exceed what the Athens facility now serves after ten to twelve years of experience. So that’s probably a max number of sales for right now. If you outsource the catering the budgeted numbers that is the $315,000 dollars of sales you would get the credit for the power. So effectively the TEE Center complex is benefited by $50,000 dollars. You can call it catering you can call it the TEE Center but they’re now going to pay that bill. However if you were to take the increase sales based on the forecast and use this 0%, 5%, 10% we would be getting about $21,000 dollars in receipts plus the revenue. So you would get about $71,000 dollars versus $96,000 dollars. So you lose some of the upside but you lose that’s $74,000 dollars of downside. The other thing that you gain in this transaction and by the way I’m not advocating for one or the other I just, but what you gain in this is that the simplicity that everybody was concerned about shifting expenses you can very easily verify this is what the sales were multiply it by a percentage and that’s what the number is. So you’re gaining simplicity and no downside risk in exchange for a little bit of potential upside loss. Mr. Bowles: Theoretically there should be flow from this $50,000 dollars in utilities back over to the TEE Center decreasing $50,000. Mr. Plunkett: That’s correct because they’re going to pay that bill now as opposed to the TEE Center. So that was kind of an artificial number. It worked out in the total budget for that facility because the $50,000 was for the TEE Center. Mr. Bowles: Just for the record we do have separate meters on the TEE Center and the conference rooms. Mr. Plunkett: If there is not a separate meter and there will be. That’s a, right now it’s being separately metered and I’m sure they can put that into a final permanent meter or whatever in that regard so we would not be paying that utility cost. Mr. Bowles: Anybody from HEERY or International here? Mr. Mayor: Is anybody from HEERY in the --- Mr. Plunkett: I talked to Jacques Ware about ten days ago about this issue and he said that Jimmy Bernaise who’s from Georgia Power can make sure that it’s separately metered. 19 Mr. Bowles: I see Mr. Gallop here so --- Mr. Mayor: Mr. Gallop. Mr. Bowles: --- you’re all on the hook to make sure that the power meters are separated between the conference rooms and the TEE Center. Okay. Mr. Mayor: Okay. Mr. Russell: I just got this from Jacques on the (inaudible) kitchen and they can. They’re separated. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Mr. Plunkett, thank you, Item 2 Agree for First Right of Refusal. Exactly what are we talking about? Mr. Plunkett: The property at the end of, if you were facing the TEE Center complex on Reynolds Street looking toward the river at the left hand side there’s a parking lot. And the ability for Augusta is if, the facility was designed so that you could expand it to 80,000 feet if you wanted to. If the hotel complex elected to sell that property to a third party, that parking lot then Augusta has a Right of Refusal. That is they have the right to buy that property at whatever those terms where. So that they just can’t go out and it has to be a fair market value sale. But we have the right to buy it without someone else putting a building on there unless we wanted to expand, have to condemn the building and take it down. Mr. Hatney: When you say they have the right to, I’m hearing you and I’m not. My question again is that if they, that land, in other words you’re suggesting that Augusta does not own that property. Mr. Plunkett: No, sir. The flat parking lot in front of Augustino’s, there’s no structure on there --- Mr. Hatney: I’m talking about that. Mr. Plunkett: Okay. We actually have a lease on that for another 35 or 40 years. Mr. Hatney: Who? Mr. Plunkett: Augusta does. Yes, sir. Mr. Mayor: The city. Mr. Plunkett: The city does. The flat parking uncovered parking space which is at the th intersection of 10 and Reynolds Street. 20 Mr. Hatney: Okay. The other question is you mentioned that I think we left it to two kitchens and went to one. Is that right? Mr. Plunkett: Yes, sir. Mr. Hatney: Okay, the conference center as it is on the second floor right now I think because you done named the whole thing a conference center because that’s a big old sign on the th corner of 9 and Reynolds. But what I’m saying though my question is that when you look at what the conference center I mean the conference center on the second floor the kind of money it’s bringing in and the city at this juncture only gets 5% of the gross and the whatever improvements whatever maintenance that’s taken out of the city’s portion. I give a good example. Last year it was about $28/28,000 dollars but when they took those other costs out that dropped down to about $12, 13, 14,000 dollars. So we have, are we going to have the same this year with this? Mr. Plunkett: Well, I don’t think so, sir. When you’ve got two facilities --- Mr. Hatney: I understand that. My concern again is that we only get 5% for the convention center, gross. Mr. Plunkett: Yes, sir. Mr. Hatney: And then the, the other folk they get the other, they get 95%. But the, whether it’s maintenance or whatever the situation is it’s deducted from the amount that the city gets before the city gets any money at all. Mr. Plunkett: Yes, sir. Mr. Hatney: So are going to have the same conglomerate here? Mr. Plunkett: No, sir. Mr. Hatney: How do we know? Mr. Plunkett: Because the deal’s structured different. Mr. Hatney: It what? Mr. Plunkett: The deal is structured different. Actually based on a lot of your comments previously, Mr. Hatney, is how we structured some of the things to make sure those things didn’t happen. Mr. Mayor: Okay. Commissioner Mason. 21 Mr. Mason: Yes, sir, thank you, Mr. Mayor. Um, of course within this two minutes I’m definitely not going to have enough time to list all the reasons why I wouldn’t be in support of this. But there’s a couple of things that I do want to mention that causes some issues for me. One. Commissioners meeting behind closed doors or whatever to negotiate contracts I have a fundamental issue with that. I have some factual issues with all of this as well. In addition bringing in if you want to call them private consultants, government overseers, government watchers although I believe they’ve done a credible job and have assisted in this process I don’t know that they were approved by this body to sit in on any meetings offering anything and so I’ve got a fundamental issue with that. If in fact you’ve mentioned before that these contracts are so extremely complex and surely they are. It doesn’t compute in my head as to why events would have even been scheduled without an agreement given the fact by your own admission that these negotiations are so complex. So what happens is a crisis is manufactured or created where it did not have to be. Now the one thing that truly bothers me about this whole thing is that along this whole process going back years and then the process of bringing these agreements we’ve had, man, I don’t know how many modifications by now, maybe ten or so? But the thing that really bothers me is that at some point there’s been certain Commissioners that have voted for every agreement that has come forward. Do you think about where we’d be if we had passed the very first one that came before us, second one --- Mr. Mayor: Commissioner, do you want another two? Mr. Mason: --- Yes, please, second one, third one, fourth one? I don’t know what number we’re on now but we’ve had multiple changes. But I’m just thinking about where we would’ve been had we approved the very first one or the second one or the third one. This is this is disturbing to me. I don’t know what’s going to happen up here today but I just find it, I find it very unnerving especially for the citizens of Augusta-Richmond County that, okay, now we do have it in place we’re going to have to do something. There’s no question about it. But all along the way if it was a great deal at the beginning when you first brought it why do we need ten, twelve, five six modifications. And oh, by the way, how can someone vote for every one that comes before us? I don’t get that. And I don’t expect you to answer that but I’m just simply putting that out as a point of fact for people to think about. There’s been folks that voted for every single thing you brought before us every time. Now they didn’t pass but they were voted for. Mr. Plunkett: I’m happy to respond to your various points if you let me, too. If they’re rhetorical questions I’m happy not to respond. Mr. Mason: Yeah, the rhetorical questions, they’re just that. Mr. Mayor: Okay, and I just want to just for everybody’s benefit you know I know that contract negotiations are never easy when contracts are this complex. And however we got here we’re here and having lost the first convention you know the economic impact on that two year contract was $230,000 dollars per year. So that’s $460,000 dollars that we’ve already lost. My overarching concern is that these conventions are now watching Augusta. We hit the national news today and that if we, the long term revenue losses by not being able to get an operating 22 agreement in place. I take the emotion out of the decision making process but I just say that just for everybody’s benefit. Mr. Mason: Mr. Mayor, if I could. I fully understand what you’re saying. But what I’m saying is that, you know, I know where we’re at now. Mr. Mayor: Yeah. Mr. Mason: What I’m saying basically we didn’t have to be there. But what I’m also saying moving forward as we do more business we’ve got to watch the way that we do business. And we can do that we just got to put it in motion. So if we do that we won’t find ourselves in this type of situation every again. Mr. Mayor: You and I agree on that. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I’m going to be brief because I completely concur with what Commissioner Mason has just said. But I do have a couple of questions. You made reference to this meeting, this illegal meeting that was conducted last Friday. This is Thursday. Why is it that you are reading or paraphrasing what is on this document that I have never seen but I know that you’re probably going to expect me to vote on it. I need to see something in writing. I think you’ve had what six days now since that Friday meeting to provide that? And another thing. As Commissioner Mason said months ago we were told this is a good deal, Lord, this is a good deal. All you need to do is vote for it. Had we voted for what was presented to us months ago we would’ve been in line to put this city into bankruptcy. All of the changes have been made including the ones that you spoke of today but I’ve been unable to read because I have a copy it is much better than what we were initially presented as was told it was good. But it’s still a bad deal. Thank you, Mr. Chairman. Mr. Mayor: Okay, thank you, sir. Mr. Plunkett: I was thinking of this question there. First of all, Mr. Lockett, I don’t think it was an illegal meeting on Friday because there was not a quorum of this body. So I don’t think there’s an issue there. As far as meetings with Commissioners I have on numerous occasions said to this body and to the Administrator I’d be more than happy to meet with any Commissioner at any time they’d like to discuss this. If a Commissioner wished to bring a constituent I’m happy to talk with them, the constituents. However I’ve also said that I would not talk to constituents directly. I feel like I represent this body not the individual constituency. As far, you know, the questions about the people that were there in terms of consultants or whatever, that meeting was not to negotiate. It was to clarify various points. As far as this being particularly better versus worse agreement I would like that if you looked at the first contract that was brought to this body compared to it today predominantly there are clarifications. There are language versions that people appear to not have a particularly good grasp of what the language was and we suggested adding language or deleting language to make it more clear. However, I don’t see the contracts particularly being that much different. However, there have been deal points that have changed over time. But keeping in mind this body in 2007 said there was a term agreement and that’s what they wanted to go to. My direction was to either negotiate or write 23 down what negotiations were. I did not negotiate the entire agreement. Certainly those things were done by the Administrator with my consultation. But the point of it is, is that this was a 50- year agreement that was being incorporated into the conference center agreement. That was what was approved by this body. Subsequently there’s been changes. I think that the agreement that was in hand before was a very good agreement. I think the clarifications helped the body and on the other hand I don’t think they changed the deal points. However, today there are some deal point changes that have been made at the request of this body or at least some of the Commissioners asking to be approved. As I said I’m not making a recommendation or have a preference to which agreement was adhered to. I think they’re both fine. I think they’re a benefit to the community. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you. Mr. Plunkett, I’m not questioning your ability to be an outstanding attorney. I know you’re one. But last Monday at our Special Called Meeting I asked our general counsel whether or not Commissioners and Mayors can negotiate contracts. Now you may have said that wasn’t a negotiation but they went there and presented information to you for adjustments to be made and it’s obvious that the adjustments that you’re presenting today was as a result of the Friday meeting. Mr. Plunkett: Yes, sir. Mr. Lockett: We need to, okay, I’m not privy to that because I refused to go. But the meeting was held and in virtue of that this is what we’ve got today. And, Mr. Plunkett, I don’t think you can stand here in front of me and say that this government hasn’t saved hundreds of thousands of dollars since the first agenda item was put on this item. I know they have because I’ve seen the numbers. And I guarantee you if this thing goes on a little longer we’re going to save some more because there are so many things in there that’s not benefit, beneficial to Augusta-Richmond County. I’m concerned about the taxpayers and we’re on the hook and you’re talking about fifty years and you mentioned fifteen years with being able to renegotiate after five years. The average company gets probably five years with three years and with the possibility of two one year extensions. I mean we’re giving away everything except the kitchen sink and I’d better check it. It might be gone too. Mr. Mayor: Okay, thank you, sir. Commissioner Jackson. Mr. Jackson: (inaudible). Mr. Mayor: Okay, Commissioner Johnson or Commissioner Bowles. Mr. Johnson: Thank you, Mr. Mayor. I just want to expound a little bit about this issues that we have with this contract. It has been said that Commissioners are meeting and talking and negotiating and that’s incorrect. We’re not meeting and talking and I personally had questions and concerns about this contract just like everybody else up here had. And I wanted to get clarification and my issue that I had with this contract and the main concern that I have first and foremost let me say this for the record. I had nothing to do with the original agreement that was 24 done five, six years ago. For the record had nothing to do with that. However, the deal that was presented to us was fifteen years. I know after doing my research that you don’t want to enter into an agreement for fifteen years on a new facility as the TEE Center. So I talked to Jim about the terms as I did my colleagues. I was concerned about the terms because at any given time it gives us an opportunity if this is not working the way we expected it to work we have flexibility and options to do what is necessary at that time. Now since then we well before let me go back. The projection we was going to lose about eight, nine hundred thousand dollars a year. We were concerned about that. We want to minimize our loss so let’s be clear. This is not going to be a money making entity but the results of it from the conventions and other things can bring money into the city. What, my main concern was minimizing the losses. If we can minimize from $800,000 a year to $300 or $400,000 a year that’s a $400,000 dollar savings to the city. That’s the concern here. We already know this is not a perfect deal. We know that. We had nothing to do with the original agreement but what we, I was charges to make sure that we minimized the losses and we make sure that the language is transparent enough that we can understand it and that the average citizen can understand it. Now I’m not going to sit here and try to defend me doing that because everybody has a right to do that. You have a right to talk to the Attorney, you have the right to talk to the Administrator, whomever your concerns are with to get clarification. Mr. Mayor: Do you want another two? Mr. Johnson: Yes, sir, thank you. So I’m saying here today that we looked at that. We looked at the terms. We wanted to make sure that the first term was only five years. I think we all agreed to that. Since then we’ve had an issue with the caterer. They said look it we’ll do a two year agreement with the one and one. After the first year you have the opportunity to cancel it if you don’t like it or you have the flexibility to do whatever. You can’t ask for anything better than that after one year we don’t know what this center’s going to do. But at least we have some flexibility after one year to say hey, this is not working this is the numbers and this is what we need to do. We have the opportunity to do that. We the opportunity in the annual budget and the other entities so this is just a mere fact to say hey, this is not a perfect document but we still have other extensions or documents that still have to come before the Commissioner before we can thoroughly move forward. They can’t, even if we agree to this today they can’t give them the keys until they get a procedure manual together and until they get the annual budget. There’s still other things that has to be done before we can move forward. I feel like we’ve done enough homework to make sure that the terms was shortened, that we minimized the losses and that’s what we tried to do here. I agree with Commissioner Lockett that this information I just got it today. We didn’t get any other information no quicker. I just got it today. I’ve asked Jim, he could share it with everybody and give them an opportunity to look at it because it is a difference. It’s a big difference. And they made some key changes here in the last, I guess, five or six hours. But this is the concern that we have. And as I’ve said before we all have the opportunity to do it so by all means let’s kill all that because what we’re doing is we’re saying is that somebody was doing something illegal and that was not the case. And it wasn’t unethical. We simply had issues that we wanted to get addressed and we did that. Thank you, Mr. Mayor. Mr. Mayor: Commissioner Bowles? 25 Mr. Bowles: Thank you, Mr. Mayor. You know being the only Commissioner sitting up here that put down their issues in black and while and address what my issues are I could stay up here all day and say what’s been wrong with this deal. But let’s talk about what’s wrong with it technically and not get into personalities questioning those, the integrities of those that have voted for this or the, you know, motives behind those that voted for this because we could just as easily turn around and say what’s the motive of those that have turned and voted against this every time it’s come up. And I just think it’s wrong to accuse people of voting for things and not voting for things because you’re questioning your colleagues’ integrity and I don’t think that’s part of our ethics procedure. Mr. Mayor: Okay. Commissioner Hatney, I think I’ve recognized you twice but. Mr. Hatney: No, you haven’t. Not in this one. The one thing that concerns me and heard the young man say that certainly there’s nothing this and nothing that and nothing that and nothing that. I have some heartburn behind statements that are made like that. And there was no way to, there was never allowed to have any means about which we checked into see what it was. This whole thing has been flipped upside in all kinds of ways ever since it got started. And I’m not concerned about all these fellows who do what they want to do and but it concerns me when I hear a Commissioner say that so and so said this and so and so said that and me and my colleagues. I thought I was one too and you didn’t talk to me, you know. So don’t do that. At the end of the day there is so many unanswered questions about this whole thing. I mean this entire thing even how it got started and even the parking deck built on land with a lien on it of $7 million dollars. All that stuff. And then you say, well, this is going to be cleared up, that’s going to be, there was no evidence of none of this. You know, ya’ll do what you want to do, I ain’t (unintelligible). Mr. Mayor: Okay, would somebody care to make a motion on this? Mr. Bowles: Motion to approve. Mr. Jackson: Second. Mr. Mayor: We have and can you read the motion for the, we have a motion to approve and a second. But just for clarity could you read? Okay, Ms. Bonner, could you? The Clerk: Read the entire motion or the caption here? There’s two pages, do you want all of this read into the record? Mr. Mayor: Do you guys want --- Mr. Johnson: Well, I think it needs --- Mr. Mayor: Commissioner Johnson? 26 Mr. Johnson: --- the clarifications or changes or whatever that has been done to this contract. To clarify exactly what has been done. It do need to be put into the minutes so it will be clear that this is what is taking place and this is what has happened. Mr. Mayor: Okay. Mr. Lockett: Mr. Mayor? Mr. Mayor: It’s two pages, I’ve recognized you twice, Commissioner Lockett. Mr. Lockett: Point of personal privilege. Mr. Mayor: Yes, sir. Mr. Lockett: I’m not going to debate it. I’m just going to ask if there’s any way possible that I can get a copy of it before I’m required to vote. Mr. Mayor: Do you have a copy of it there? Mr. Plunkett: I have what we resolved earlier today. There’s one additional change that’s hand written because it was resolved in the last ten minutes. But I’d be happy to --- Mr. Mayor: Okay. Yes, ma’am, please. : The motion to approve the TEE Center Management Agreement, TEE The Clerk Center Catering Agreement, Agreement for Right of First Refusal, TEE Center Reciprocal Easement Agreement, Amendment to Leases and CORE Agreement, Assignment of the TEE Center Management Agreement, and Assignment of TEE Center Catering Agreement as presented to the Commission and authorize the Mayor and Clerk of Commission to execute same subject to the following changes: 1. Correct Recital B of the Catering Agreement to reference the Amended and Restated CORE Agreement dated June 21, 1999. 2. Clarify Section 2.1 and 5.9 of the Management Agreement to provide that the Manager cannot enter into contracts for amounts greater than approved in the Annual Plan or for a term longer than the remaining term of the Agreement. 3. Modify 3.1 of the Management Agreement to change the CPI adjustments from “all urban consumers” to the CPI for the south eastern United States. 4. Modify 4.2 (c) of the Management Agreement to provide that in the event of termination and that the manager of the TEE Center is different from the Operator of the Conference Center, that Augusta and the Operator of the Conference Center will negotiate in good faith a reciprocal agreement addressing ingress/egress between the two facilities and appropriate indemnity provisions. In the event the parties cannot agree to such an agreement, then either party may install a two way security door to be utilized by both facilities to limit access. 5. Section 5.2 of the Management Agreement to be modified to provide that the policies, practices and procedures relating to accounting and any future modifications to such accounting policies, practices and procedures shall be submitted with the Annual Plan or a amendment to the annual Plan, subject to approval by the Commission in conformity with the method of approving the AnnualPlan. Such 27 policies, procedures, Annual Plan, and any proposed amendments thereto shall be reviewed by Augusta’s internal auditor prior to the submission to the Commission. Such policies, practices and procedures shall include provisions to account for credits and rebates and address the methods for allocation and accounting for shared employees. 6. Provide in the Annual Plan or 5.3 of the Management Agreement how bonuses, if earned, would be awarded. 7. Clarify that Catering Revenues will be paid over to the Manager for inclusion in the budget of the TEE Center consistent with the provisions relating to excess funds in paragraph 2.1 and 6.2 of the Management Agreement. 8. Modify 7.1 of the Management Agreement to provide that the Manager will meet and confer with the Finance Department at the request of the Finance Department in a timely manner to discuss the initial budget and contents of the Annual Plan and annually at the request of the Finance Department during Augusta’s budget process and during the creation of the Annual Plan. 9. Modify 7.4 of the Management Agreement to provide that except in catastrophic circumstances, modifications to the Annual Plan may not be requested more frequently than quarterly. 10. Clarify 8.1 (b) of the Management Agreement to provide that the Owner can terminate the agreement in the event Owner does not approve of the transferee. 11. Provide in the Management and Catering Agreements that the Manager and Caterer shall not make any disbursements without the approval of the Finance Department until the accounting policies, practices and procedures are approved by the Commission. 12. Modify the General Liability Insurance requirement in the TEE Cent Reciprocal Easement Agreement to provide that the Developer shall only be required to provide insurance covering Developer’s activities authorized under the agreement and not covering all activities relating to the TEE Center and any other changes to insurance and indemnity provision having no substantive impact upon Augusta approved by the General Counsel. 13. Reflect those changes requested to the Right of First Refusal, TEE Center Reciprocal Easement Agreement, Assignment of TEE Center Management Agreement and Assignment of TEE Center Catering Agreement requested by Wells Fargo that do not have a substantive impact to Augusta as determined by the General Counsel. 14. Revised the Catering Agreement to provide that Augusta Riverfront or its affiliate shall have an exclusive, 2 year catering agreement, with the caterer paying for all expenses, including but not limited to utilities, labor, and maintenance and food costs. Caterer will compensate Augusta as follows: for gross receipts between $0.00 to $400,000, no fee will be paid to Augusta. For gross receipts above $400,000 Augusta receives the following: $400,001 to $500,000 Augusta receives 5% of gross receipts; between $500,001and $750,000, Augusta will receive 10% of gross receipts; and Augusta to receive 12.5% of all gross receipts of $750,001 or greater. In the absence of written notice, such Agreement shall automatically renew for successive periods of 2 years unless a new allocation or receipts is negotiated, then in such event the revised agreement would then automatically renew. Further, the parties shall confer at the first year anniversary of the agreement and after the first year of each renewal, with Augusta having a right at that time to terminate without notice, penalty or cost. Augusta will not be responsible for replacement of kitchen equipment located in the Kitchen in the event of termination. In the event the Caterer terminates or otherwise does not agree to renew the Catering Agreement within 15 years of the execution of the initial agreement, then the Caterer will pay the difference between (i) the unamortized cost of the kitchen equipment (based upon a 15 year straight line depreciation) and (ii) the value of the real property rights, valued as of the date of the initial agreement, donated to the 28 RSPD and TEE Center projects. 15. If the catering agreement is terminated, then in such event, then caterer and Augusta will negotiate an ingress/egress agreement and if it is not agreed to, then either party can install a two way locking door. 16. The Management Agreement will be revised to provide for a 15 year term with either party having the right to terminate at the end of the first 5 years. The terminating party shall have the obligation to cause, at its cost, the separation of all integrated systems (HVAC, internet, security, etc). Further, to authorize and ratify the purchase and acceptance of all parcels of land necessary for the TEE Center and Reynolds Street Parking Deck and to authorize the Mayor and Clerk of Commission to execute the necessary deeds to the Coliseum Authority as required under the bond financing. Further, the authorize the Mayor and Clerk of Commission to execute an assignment of the Conference Center Parking Lease in substantially the same form as the previously approved Assignment of the Reynolds Street Parking Deck. Mr. Mason: Is that it? The Clerk: That’s it. Mr. Mayor: Reverend Hatney, you had a point of personal privilege? Mr. Hatney: Thank you. Thank you. Two things, one, first of all this is not a motion. This is an addendum to the, adjustments that was made in the contract we have not yet seen. And are you asking us to vote on something that the Mayor and the Clerk has to sign that is here? Because there’s nowhere on here, this stuff has to be merged into something. And that’s the document that the Mayor and the Clerk has to sign. This is not it. Mr. Plunkett: Sir, those documents represent the first part of that. Mr. Hatney: I understand but what I’m saying, my question is are you expecting me, sir, to vote on this to agree to this and this not what the Mayor and the Clerk going to sign. Mr. Plunkett: It’s authorizing those changes to those agreements that have been previously --- Mr. Hatney: Then before you can go forward, are you going to bring the agreement back? Mr. Plunkett: This authorizes the Mayor to go ahead and sign it. Mr. Mayor: Okay, a motion has been made and property seconded. Mr. Mason: A substitute motion, Mr. Mayor. Mr. Lockett: Second. The Clerk: Wait a minute, that was, I didn’t --- 29 Mr. Mayor: Well, there was no -- Mr. Mason: The substitute motion is --- Mr. Mayor: Commissioner Mason. Mr. Mason: --- yes, sir, the substitute motion to deny. And also on both motions I would like to get a roll call vote. A substitute motion to deny. Mr. Mayor: Okay, and that’s been properly seconded by? Mr. Lockett: Second. I did. Mr. Mayor: Okay, we will first vote on the substitute motion in roll call vote. Madam Clerk? The Clerk: Mr. Aitken. Mr. Aitken: No. The Clerk: Mr. Bowles. Mr. Bowles: No. The Clerk: Mr. Brigham. Mr. Brigham: No. The Clerk: Mr. Guilfoyle is out. Mr. Hatney. Mr. Hatney: Which one? The Clerk: The motion to deny. Substitute motion to deny. Mr. Hatney: Yes. The Clerk: Mr. Jackson. Mr. Jackson: No. The Clerk: Mr. Johnson. Mr. Johnson: No. The Clerk: Mr. Lockett. 30 Mr. Lockett: Yes. The Clerk: Mr. Mason. Mr. Mason: Yes. The Clerk: Mr. Smith. Mr. Smith: No. Motion fails 3-6. Mr. Mayor: We will now vote on the primary motion as read so eloquently into the record by Ms. Bonner who has a lovely reading voice that I’m sure has put many children to sleep by a roll call vote. The Clerk: Mr. Aitken. Mr. Aitken: Yes. The Clerk: Mr. Bowles. Mr. Bowles: Yes. The Clerk: Mr. Brigham. Mr. Brigham: Yes. The Clerk: Mr. Hatney. Mr. Hatney: No. The Clerk: Mr. Jackson. Mr. Jackson: Yes. The Clerk: Mr. Johnson. Mr. Johnson: Yes. The Clerk: Mr. Lockett. Mr. Lockett: No. The Clerk: Mr. Mason. 31 Mr. Mason: No. The Clerk: Mr. Smith. Mr. Smith: Yes. Mr. Hatney, Mr. Mason and Mr. Lockett vote No. Motion Passes 6-3. Mr. Mayor: Gentlemen, thank you and with 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 November 8, 2012. ______________________________ Clerk of Commission 32