Loading...
HomeMy WebLinkAboutRegular Commission Meeting December 5, 2012 REGULAR MEETING COMMISSION CHAMBER DECEMBER 5, 2012 Augusta Richmond County Commission convened at 5:00 p.m., December 5, 2012, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, Smith, Hatney, Aitken, Johnson, Jackson and Brigham, members of Augusta Richmond County Commission. Absent: Hon. Bowles, member of Augusta Richmond County Commission. Mr. Mayor: Okay, if everybody’s ready and in the interest of time I’ll go ahead and call the meeting to order. And I’d like to call on Reverend Earl Schafer, Interim Pastor, Advent Lutheran Church to give our invocation. Please stand. The invocation was given by the Reverend Earl Schafer, Interim Pastor, Advent Lutheran Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Reverend, I have a little something for you if you’d like to come forward please. Thank you for that wonderful invocation. By these present be it known that Reverend Earl Schafer, Interim Pastor, Advent Lutheran Church is Chaplain of the Day. For his civic and spiritual guidance demonstrated throughout the community serves as an example for all of the th faith community. Given under my hand this 5 Day of December 2012, Deke Copenhaver, Mayor. (APPLAUSE) Mr. Mayor: Madam Clerk, on to the delegations, please, ma’am. DELEGATIONS A. MACH Academy, Inc. RE: Consideration for inclusion in the Augusta-Richmond County Athletic budget. The Clerk: Yes, sir. The MACH Academy sent in a request this afternoon and asked that th this item be deferred to our December 18 meeting. Mr. Lockett: Motion to approve. Mr. Guilfoyle: 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. Mr. Bowles out. Motion Passes 9-0. 1 Mr. Mayor: And, gentlemen, we have a place holder for a Legal Meeting which Mr. MacKenzie has requested to see if there’s, it’s the will of the body to have a legal meeting before our, we get into the regular agenda. So Mr. MacKenzie. ATTORNEY ADDENDUM Mr. MacKenzie: Yeah, I would entertain a motion to go into a closed legal meeting to discuss pending and potential litigation. Mr. Johnson: Move to approve. Mr. Aitken: Second. Mr. Mayor: We have a motion and a second. Commissioner Brigham. Mr. Brigham: In light we’ve got people down here I think we’ve got a short agenda. I think we ought to go on and address the agenda first rather than go into Legal making them wait on us while we go back there and discuss this. If they want to hang around and wait, they should be welcomed to do that. But I don’t think we ought to keep them here if they don’t want to stay. Mr. Lockett: Mr. Chairman, if that’s a motion I second it. Mr. Brigham: And I do make it in the form of a substitute motion. Mr. Mayor: And I concur with you. Point well made. So we have a substitute motion to deny that motion and a second. If there’s no further discussion Commissioners will now vote by the substitute sign of voting. Motion Passes 9-0. Mr. Mayor: Madam Clerk, on to the consent agenda. The Clerk: The consent agenda consists of items 1-14, items 1-14. For the benefit of any objectors to alcohol petitions, once those petitions are read, would you please signify your objection by raising your hand? I call your attention to: Item 2: Is for an on premise consumption Liquor, Beer and Wine license to be used in connection with the Rendezvous located at 1524 Gordon Highway. Item 3: Is for an on premise consumption Liquor, Beer and Wine license to be used in connection with Tru Ikonz Clubhouse & Sportsbar located at 1204 Ellis Street. Item 4: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with Miyabi Kyoto Steak House located at 1315 Augusta West Parkway. The Clerk: Are there any objectors to any of those alcohol petitions? 2 Mr. Russell: None noted, Madam Clerk. The Clerk: Mr. Mayor, members of the Commission, our consent agenda consists of item 1-14 with no objectors to our alcohol petitions. Mr. Mayor: Okay, thank you, ma’am. Gentlemen, do we have any additions to the consent agenda? Commissioner Jackson. Mr. Jackson: Mr. Mayor, I’d like to add number fifteen to that consent if there’s no problems. Mr. Mayor: Okay, thank you, Mr. Jackson. Commissioner Johnson. Mr. Johnson: Is sixteen something? I see it’s under the Attorney. Is that something you have to? Mr. MacKenzie: That would be something we could add. It’s only $814.00. It’s a condemnation. Mr. Johnson: Okay, if we could add that as well. Mr. Lockett: Mr. Chairman, I have a question I’d like to ask about number sixteen. Mr. Mayor: Okay. Commissioner Lockett. Mr. Lockett: I see that the city was unable to reach an agreement and we’re talking about an appraised value of $814.00. I would like to know besides the value of the property what percentage of it do we want to take? I know they said 3,253 square feet. And what would be the value after this 3,253 feet is taken? Mr. Mayor: Mr. MacKenzie. Mr. MacKenzie: Are you familiar with this one, Wayne? Mr. Jackson: I think we’re splitting hairs. Mr. Williamson: Jim Williamson with the Engineering Department. We had talked to Mr. Reed about this and the property had been left to his sons that strip of land that we need and they of course couldn’t sign it legally. So what we had to do was talk to Mr. Reed. He could’ve gone through a lot of paper work and get it where he could sign for him because he is the legal guardian. But he chose to let us condemn it, the title. It’s just for the condemnation. Mr. Lockett: And that was per his recommendation? Mr. Williamson: Yes, sir. 3 Mr. Lockett: Okay. Mr. Mayor: Okay, you’re fine putting it on consent? Mr. Lockett: That’s correct, Mr. Chairman. Mr. Mayor: Thank you, Commissioner Lockett. Do we have any items to be pulled for discussion? Commissioner Guilfoyle. Mr. Guilfoyle: Item number thirteen, Mr. Mayor. Mr. Lockett: And item number eight, Mr. Chairman. Mr. Mayor: Do we have any further items to be pulled for discussion? Hearing none I’d like to get a motion to approve the consent agenda. Mr. Guilfoyle: So moved. Mr. Johnson: Second. CONSENT AGENDA PLANNING 1. Motion to approve an Ordinance to amend, update and make certain corrections to the Augusta, GA Code, Title Eight, Chapter Three Article One Section 8-3-1 relating to the incorporation of the Land Subdivision Regulations Article One through Article Six to repeal all ordinances and parts of ordinances in conflict herewith; to provide an effective date and for other purposes provided herein. (Approved by the Commission on November 20, 2012 – second reading) PUBLIC SERVICES 2. Motion to approve New Ownership Application: A.N. 12-47: A request by Tonya D. Capers for an on premise consumption Liquor, Beer and Wine license to be used in connection with Rendezvous At Three located at 1524 Gordon Highway. There will be Dance. District 2. Super District 9. (Approved by Public Services Committee November 26, 2012) 3. Motion to approve New Application: A.N. 12-48: A request by Dewayne Pearson for an on premise consumption Liquor, Beer and Wine License to be used in connection with Tru Ikonz Clubhouse & Sportsbar located at 1204 Ellis Street. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee November 26, 2012) 4. Motion to approve New Ownership Application: A.N. 12-49: request by Hitoshi Kaneko for an on premise consumption Liquor, Beer & Wine License to be used in connection with Miyabi Kyoto Japanese Steak House located at 1315 Augusta West Parkway. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee November 26, 2012) 5. Motion to approve contract for use of a consultant to identify previously undiscovered occupational tax revenue. (Approved by Public Services Committee November 26, 2012) 4 6. Motion to approve award of Bid Item 12-181, Butler Creek Park Project, to Beam’s Contracting for $649,466.85. (Approved by Public Services Committee November 26, 2012) 7. Motion to deny amending Augusta-Richmond County Code Section 6-2, Alcoholic Beverages, so as to increase the retail alcohol license fees (off-premises consumption), and waive second reading effective 12/5/2012. (Approved by Public Services Committee November 26, 2012) PUBLIC SERVICES 9. Motion to approve/accept recommended service provider for RFP 12-202 for the Augusta Judicial Circuit Drug Court in the amount of $234,000.00. (Approved by Public Services Committee November 26, 2012) 10. Motion to approve the purchase of a stationary 2012 Bauer Breathing Air Compressor and Fill Station, model #VTC 18-E3 in the amount of $35,787.00 for the Fire Department. (Approved by Public Safety Committee November 26, 2012) FINANCE 11. Motion to approve new Certificate of Distribution of Local Option Sales Tax between Augusta, Georgia, Hephzibah, Georgia and Blythe, Georgia. (Approved by Finance Committee November 26, 2012) ENGINEERING SERVICES 12. Motion to approve an Ordinance to amend, update, and made certain correction to the Augusta, Georgia Code, Title Seven Chapter Three Article Two Section 7-3-8 through 7-3- 10; to repeal all Code sections and ordinances and parts of Code sections and ordinances in conflict herewith; to provide an effective date and for other purposes provided herein. (Approved by the Augusta Commission November 20, 2012 – second reading) PETITIONS AND COMMUNICATIONS 14. Motion to approve the minutes of the regular and legal meetings of the Commission held November 20 and Special Called Meeting held November 26, 2012. PUBLIC SAFETY 15. Motion to approve the acceptance of the Georgia Emergency Management Agency’s FY2008 Homeland Security Grant Program/State Homeland Security Grant Program from the Department of Homeland Security (DHS) in the amount of $40,000.00. ATTORNEY 16. Motion to authorize condemnation to acquire title of a portion of property for permanent drainage, utility and maintenance easement and temporary construction easement, (Parcel 061-4-003-03-0) 546 Laney-Walker Blvd. Ext. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Mr. Hatney: Madam Clerk, I abstain on all alcohol. Thank you. 5 Mr. Hatney abstains. Motion Passes 8-0-1. [Items 2, 3, 4] Motion Passes 9-0. [Items 1, 5-7, 9-12, 13, 14, 16] Mr. Mayor: Okay, Madam Clerk, let’s move on to the first pulled item. The Clerk: ADMINISTRATIVE SERVICES 8. Motion to approve the renewal of existing Master Services Agreement with ADP to provide Health and Welfare services and Time and Labor Management services for Augusta, GA employees. (Approved by Administrative Services Committee November 26, 2012) Mr. Mayor: Mr. Guilfoyle? Mr. Lockett: No, that was mine. Mr. Brigham: Motion to approve. Mr. Jackson: Second. Mr. Mayor: We have a motion. Is there a second? We have a motion and a second and it was pulled by you, Commissioner. Please go ahead. Mr. Russell: Mr. Mayor, Abie’s got a suit on (inaudible). Mr. Guilfoyle: He’s asking for something. Mr. Mayor: I started the day with him in the radio studio. He had it on then too. I knew he had something big coming on. Mr. Russell: (inaudible). Mr. Lockett: Mr. Blanchard, this is another repeat of what he had the other day but you don’t have to look at this. The more I look at it the more ridiculous it is. The agenda item made reference to a 2.3% increase. Is that the exact amount of money it’s costing us or is there increases also built into the contract? Mr. Blanchard: The contract has a, there will be an increase. 2.3% was the amount that they gave us this year. Mr. Lockett: Okay, so the only increase is 2.3%. Is that correct? Mr. Blanchard: Yes, sir, 2.3%. 6 Mr. Lockett: Okay. Well, the total amount for both the items that are included one is the health and welfare services. The other is time and labor. It shows an annual cost of $519,300.00. That breaks down to we’re paying them $43,275.00 a month. And we’re also paying them if you round up by around $14.00, $10,000.00 a week. Now any way you look at it that’s an extremely bad deal. And you told me at the last meeting you were going to look into it and I just wanted to bring this up and to make this a part of the record and show why this city is on the verge of bankruptcy with deals such as this. I know you had nothing to do with it but you just happened to be sitting in that chair at this particular time. But we don’t need no more deals like this. And I know you’re in agreement with me. I’m not getting on your case I’m just highlighting it so hopefully in the future we’ll make better agreements with people. Thank you very much. Mr. Mayor: Thank you. We have a motion that’s been properly seconded. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Guilfoyle: Madam Clerk, can you verify the motion? The Clerk: To approve. Mr. Guilfoyle: Thank you. Mr. Mason and Mr. Hatney vote No. Motion Passes 7-2. Mr. Mayor: Okay, Madam Clerk, next agenda item please. The Clerk: ENGINEERING SERVICES 13. Motion to approve the initial stages of the implementation of the stormwater fee program. (Approved by Engineering Services Committee November 26, 2012) Mr. Mayor: Commissioner Guilfoyle, this was yours. Mr. Guilfoyle: Yes. Good evening, Mr. Ladson. Mr. Ladson: Good evening, Commissioner. Mr. Guilfoyle: Abie, I know that you’re moving forward on the study to find out what it’s going to cost the city as far as for each resident’s tax payer’s what this fee is incur. The problem I have again my district is made up different than everybody else’s. We have four to five neighborhoods that have storm systems. I had spoken to you as well as my colleagues about this issue and you had told me that, well, there’s still ditches that you’ve got to maintain. My argument to that is that’s the reason why we pay property taxes as individuals. Storm fee is a total different entity in itself. Now I don’t mind moving forward on the four to five neighborhoods that has a storm system but the 85% of the residents out there in District 8 does 7 not. I have been corresponding with Mr. Russell as well as the Attorney to see how we can exempt the taxpayer that will not render a service that we’re paying for. Mr. Ladson: Let me clarify with the, Mr. Mayor, members of the Commission. Let me clarify what’s considered a storm system. Now in when you look at the EPA and EPD in these guidelines ditches are considered a part, is considered the part of a storm drain system. This I mean this is it’s coming from us but that’s coming from up top. Mr. Guilfoyle: Right. Mr. Ladson: That’s the federal guidelines. So if you have to maintain or if you have to remove any kind of type of debris from the ditch that is storm drainage and that is storm water management. Mr. Guilfoyle: Okay, but as far as the what the taxpayer’s been paying for a service that we you and I have discussed this time in time out that a lot of the ditches have been ignored over these past years due to whoever was in charge of the department and when we restructured they became part of your problem. Is that correct? Mr. Ladson: Well, yes, I think one of the issues as far as maintaining the ditches was adequate staff. I think there was a reduction over a period of years and to where at right now right at about 50 staff so if you look at the square area of Augusta we have to maintain both the city and the county. So in doing that we’re less than 50 staff, less than a staff of 50 that’s I mean there’s no way they can actually keep up the maintenance on it. And that’s one of the reasons that we went to an on call for some help in those areas. Mr. Guilfoyle: Right. Abie, I know when you’re doing your study if you would figure out a way to where we could exempt or have a different rate for the people outside the neighborhoods because the storm system no different than Goshen we’ve been spending lot of money and redoing the COBRA pipes and I’d appreciate your support from the Engineering Department as well as your people. But outside of the neighborhoods it’s just ditches and it’s hard for me to explain to a residents that has a ditch. Mr. Mayor: Okay, Commissioner Guilfoyle, two minutes. Do you want me to recognize you again or are you? Mr. Guilfoyle: Let Abie respond. Mr. Ladson: If I can. That’s one of the reasons why we’re going to have a town hall meeting and neighborhood meetings to explain why the ditch is a part of the storm water. It is a part because I mean the water has to flow through the ditches it flows through a pipe and then eventually it flows through the creek and then to the river. So it is considered a part of storm water. Mr. Guilfoyle: Okay, at no disrespect I’m not going to support this until we come up with a solution. 8 Mr. Mayor: Then it eventually ends up in notion. Commissioner Mason, you had your hand up first and then Commissioner Smith. Mr. Mason: Uh, yes, thank you, Mr. Mayor. One thing I want to insure that we make perfectly clear in reference to what we’re talking about tonight is simply going through the implementation stage which involves analysis and evaluation and inventory so that we can determine if in fact a fee is feasible. And that will come back under a whole separate vote. So I want to make sure that we’re clear for God and country me and everybody else this is not a vote tonight to put a stormwater fee in place on the taxpaying citizens. That’s not what this is. What it is though as I stated is an evaluation and an implementation stage. We’ve got to do our due diligence to determine moving forward is this is something that Columbia County, North Augusta and others have done to see if it’s feasible for the City of Augusta. If it’s not feasible rest assured this Commissioner and if it doesn’t pass the smell test this Commissioner’s not going to vote for it. And he’s not going to support it. But at this point where we’re at we’ve got to do our due diligence to determine if it’s a feasible way of going or not. And while I can certainly appreciate my colleagues concern about his supporters and citizens out in District 8 I want to caution as many of us have done in the past when we start separating ourselves from a city of one which we’re talking about calling ourselves in Augusta. There’s certain things that we do up here to where our particular districts may not feel the effect or may not get the benefit directly. But if we’re talking about the city as a whole which we’ve done on many other projects that some of your people in your district probably didn’t like and in my district probably didn’t like about some projects that we’ve passed. But it was thought to be the greater good of the entire city. So it almost goes to I’m my brother’s keeper, well we’re all our brother’s keeper and so we’ve got a situation in this community that we’ve got to assess and determine what it is that we’re going to do about it. The main point I wanted to make, Mr. Mayor, is that this is not a vote to implement a stormwater fee. Mr. Mayor: And I’ll just say --- Mr. Mason: I move to, I make a motion to approve. Mr. Mayor: Do we have a second? Mr. Johnson: Second. Mr. Mayor: Okay, just a couple comments. Man, you’ve been sitting up here long enough to know that the media’s going to say Commissioner approves rain tax. But I was just going to say --- Mr. Mason: But I’ve got it on record where I can you know --- Mr. Mayor: The stream doesn’t stop flowing and the wind doesn’t stop blowing at the district line. Commissioner Smith. Mr. Mason: Good point. 9 Mr. Smith: I just wanted to ask Mr. Ladson, that’s L-a-d-s-o-n? Mr. Ladson: Yes, sir. Mr. Smith: Well, one thing I but are you going to go district by district on what you’re planning, on what the plans are for this stormwater fee and what you intend on doing in each district or how are you going to present it? Mr. Ladson: What we’re looking at, I mean, not district by district we’re looking at Augusta as a whole. Mr. Smith: Right. Mr. Ladson: And then what we’ll do is look at, of course, we’ll do a rate study structure and in that structure you have a category. And you know if you have a certain modern purpose area from this point to this number to this number and you’ll probably fall into this category. So that’s what we’re kind of leaning at. But like I said we’re going to bring in some experts, consultants to help us with that. Mr. Smith: All right. Mr. Mayor: Okay, we have a motion. Oh, are you good? Okay, we have, Commissioner Hatney. Mr. Hatney: I think we need to listen to Abie because he’s playing Noah. It’s going to rain, it’s going to rain. Mr. Mayor: All righty, we have a motion that’s been properly seconded. Let it rain baby. Commissioners will now vote by the usual sign of voting. Mr. Brigham and Mr. Guilfoyle vote No. Motion Passes 7-2. Mr. Mayor: Madam Clerk, I think that ends our agenda. Correct? The Clerk: Yes, sir. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. Mr. Mayor: Mr. Brigham’s motion was, substitute motion was to go into Legal following the regular meeting. Okay. With that motion approved we are in Legal. 10 [LEGAL MEETING] Mr. Russell: Our annual United Way Campaign which employees have done a very good job on. And our chairman’s in the audience if he could stand and wave real quick I’d like to express our appreciation to him and the people who worked with him on that. In 2011 we contributed $28,561.00 to United Way which we thought was a fantastic deal there. This year through the work of the committee and the group there we raised that contribution level to $35,876.00. (APPLAUSE) You know even in tight times our employees have taken the extra step to go beyond what they do on a daily basis by serving our citizens and adding to the coffers of the United Way which helps those people that need help most of all. And I think we need to recognize our employees for that. Mr. Mayor: Employees you rock. Thank you. (APPLAUSE) Thanks, Fred, I’ll go ahead and call the meeting back to order. Mr. MacKenzie. 18. 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. Aitken: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Motion Passes 9-0. Mr. Mayor: Okay, Mr. MacKenzie. ADDENDUM 17. Motion to uphold denial of bid protest regarding RFP #12 -182 Third Party Administrator/Administrative Services Only filed by Meritain Health, Inc. Mr. MacKenzie: I would entertain any motions regarding the Aetna/Meritain protest on the 2013 Health Care Contract. Mr. Mayor: Can I get a motion on this? Mr. Jackson: Motion to deny the protest. Mr. Johnson: Second. Mr. Mayor: We have a motion to deny and a second. 11 Mr. MacKenzie: And just to clarify for the record. It’s a motion to deny the protest. Mr. Mayor: Correct motion to deny the protest? Okay, thank you, sir. Commissioner Hatney. Mr. Hatney: Mr. Mayor, and due to the fact that even with the denial of the protest we have no idea what the judge is going to do Friday. And I just believe we’re in a position even though it may cost more money to place Russian roulette with the health insurance of our employees. My motion is that we deny the contract with Blue Cross and Blue Shield and extend the benefits we’ve got now so our employees regardless what happens in the courts they will be covered. Because right now we don’t know if it’s being denied it does not stop the court process. If the judge does something Friday that handles that whole process they have absolutely no insurance come January 1. We can’t take that, I’m not in a position to take that risk so I move that we continue with what we’ve got and void that contract with Blue Cross and Blue Shield. Mr. Mayor: That’s a substitute motion. Mr. Hatney: That’s a substitute motion, yes, sir. Mr. Mayor: Okay, we do not have a second on that? So if there is no further discussion Commissioners will vote on the primary motion. Mr. Brigham: Roll call vote, Mr. Mayor. Mr. Mayor: And Mr. Brigham has called for a roll call vote. The Clerk: The motion is to deny the protest for Aetna/Meritain by Mr. Jackson seconded by Mr. Johnson to deny the protest. Mr. Aitken. Mr. Aitken: Yes. The Clerk: Mr. Brigham. Mr. Brigham: Yes. The Clerk: Mr. Guilfoyle. Mr. Guilfoyle: Yes. The Clerk: Mr. Hatney. Mr. Hatney: No. The Clerk: Mr. Jackson. Mr. Jackson: Yes. 12 The Clerk: Mr. Johnson. Mr. Johnson: Yes. The Clerk: Mr. Lockett. Mr. Lockett: No. The Clerk: Mr. Mason. 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: Okay, thank you, ma’am. If there’s no further business, ma’am? The Clerk: Mr. Bowles out. Mr. Mayor: Okay. If there’s 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 December 5, 2012. ______________________________ Clerk of Commission 13 14