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HomeMy WebLinkAboutRegular Commission Meeting July 16, 2013 REGULAR MEETING COMMISSION CHAMBER JULY 16, 2013 Augusta Richmond County Commission convened at 5:00 p.m., July 16, 2013, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, D. Smith, Williams, Fennoy, Johnson, Jackson, Davis and G. Smith, members of the Augusta Richmond County Commission. Mr. Mayor: I will go ahead and call the Regular Commission meeting to order. I’d like to call on Pastor Scott to stand in for Reverend Goodman to give our invocation. Please stand. The invocation was given by the Reverend Scott. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Thank you so much, Pastor. Madam Clerk, on to the recognitions. The Clerk: RECOGNITIONS June Employee of the Month A. Congratulation! Mr. George Bales, Augusta Utilities Department. The Clerk: And I’ll read the letter from the selection Employee Recognition Committee. Mayor Copenhaver. The Employee Recognition Committee has selected George Bales as the June 2013 Employee of the Month for the City of Augusta. George Bales is employed as an Instrumentation Electrical Technician for the Augusta Utilities Department. George has worked for the AUD since the year 2004. He was nominated by Mr. Steven H. Orton of AUD. Mr. Bales is a pleasure and delight to work with. He is always in an upbeat mood and interacts great with all of his coworkers. He is one of the in-house instructors to have trained several instrumentation electrical technicians to become topnotch employees. He is very engaged in keeping abreast of new technology to help move the department forward. George is great at improving the productivity of the Maintenance Department. He took it upon himself to upgrade the PLC Field Unit Data Base in order to provide more information for operations and for management to make decisions that allow for minimal downtime and greater reliability. Mr. Bales has been recognized by other municipalities and vendors for his workmanship in creating safe and easy to use panels for process control. He takes initiative and he accomplishes his projects with excellence. George Bales is a quality employee. His workmanship and creativity has allowed AUD to bring more work in house versus contracting it out which has resulted in a 49.2% cost savings for Augusta Utilities. These are just a few of the quality traits that I have experienced while working with George Bales and why it is my pleasure to nominate him for Employee of the Month. The Employee Recognition Committee felt that based on this nomination and George Bale’s dedicated and loyal service to the City of Augusta and AUD we would appreciate you joining us in recognizing him as the June 2013 Employee of the Month at th the Commission meeting to be held on Tuesday July 16. (APPLAUSE) 1 Mr. Mayor: And, George, I just want to say congratulations on behalf of the city. One of the greatest resources that Augusta has is our employees and you’re a great example of that. Would you like to say something? Mr. Bales: No. Mr. Mayor: Okay. Let’s give him another round of applause. (APPLAUSE) The Clerk: We also now have a recognition for an employee for years of service. Ms. Holland: Good evening. My name is Cindy Holland. I’m the Employee Relations and Training Manager in Human Resources. This evening we have six eligible employees with 25-years of service or more and we’re proud to recognize one who is here this evening. Mr. Mike Edwards from Public Works with 35 years of service. (APPLAUSE) Mr. Mayor: Okay, Madam Clerk, on to the delegations please. The Clerk: DELEGATIONS B. Camp Fix-It Education Camp regarding the needs of the youth of Augusta. Mr. Mayor: And, gentlemen, if you could state your name and address for the record and keep it to five minutes, please, sir. Mr. Taylor: My name is Kobe Taylor from Camp Fix it Education Camp. I’ll be presenting to our Commission. We embark on site seeing trips in and around our city and what it offers and opportunities for growth and education, (unintelligible) finance, careers, industry, medical, recreation, entertainment, social intervention, employment, counseling, retirement, vacation and more. (Unintelligible) this will continue after the camp has ended. We believe if we are to continue to live here as contributing citizens you must know it better. We believe we will be a part of the continued successful group and our community and the ability to meet the needs of the citizens. Augusta Georgia has a great growth potential for families. There are numerous opportunities for the growth and getting the needs met for all of our men, women, boys and girls. Augusta is the place (inaudible) for the population of Richmond County is more than 200,000 with an average age group of 18 and under make up about 24-25 percent of the population. We also know that minority group (unintelligible) will make up more than 50% of the total population. Our numbers matter. We can and will play a larger role in the planning of this growth design the future direction therefore we should be included (inaudible) serious need to be child friendly. We thank our great city Augusta Georgia (unintelligible) needs to be more child friendly. Thank you. Mr. Mayor: Thank you, sir. (APPLAUSE) 2 Mr. Ryan: Hello everyone. My name is Mr. Daniel Ryan from Camp Fix It and this is a presentation to our Commissioners. We are on a journey to know our city and government. We wanted to know where we have been and where are we going. We want to stabilize what is good and still standing enabling us to carry forth a positive legacy. In our discovery of our city we have decided to make our way into the future bright and clear. We are leaving a darkness behind. We have learned that we struggled to bring a brighter day for our to experience to see and enjoy. We have discovered that our city is a great place to live and has much to offer however we have shown people have a concern that not enough has been done to include us in the decision making processes that address the needs of our disadvantaged young people ages 8- 14. This (unintelligible) is lacking in leadership opportunities and experience because of finances. As a group young people have been somewhat left out of the mix. We would like to experience more of what is our city and its opportunities. What we would like to see is one we would like to see a study done by Commission to determine what can be done to involve us and to future planning opportunities and activities to better meet the needs of young citizens of Augusta Georgia. We would like, we would also like to see the findings of the study put into action and include us in committee input activities. We are part of making a better tomorrow in this great city. We want to be involved more in the growth of our city. Thank you for your consideration of our proposal and taking action to find out what can be done for us so that we can be more involved in the success of our city. Thank you. (APPLAUSE) Mr. Mayor: Gentlemen, I just want to say thank you for your leadership, thank you for your hard work on that. And ladies and gentlemen I think we have two future Mayoral candidates there but thank you gentlemen. And we will include you in the process. I think it’s great you guys are here. Mr. Johnson: Mr. Mayor. Mr. Mayor: Yes, sir, Commissioner Johnson and then Commissioner Fennoy. Mr. Johnson: Thank you. I just want to commend Pastor Scott. I had an opportunity to stop by and talk with her yesterday and I saw the young men there working on their vision on paper of the city of Augusta and its future. And she has a great program going there with those young folks and I will be stopping by next Wednesday to talk with them and just kind of give them a little bit more insight on the city and how it operates. But you know I really do commend them because years ago I talked to the Deputy Administrator and also some of my colleagues about the Youth Council you know of course Savannah’s been doing it for years. And of course you know it starts with youth and it high school of course and I still think it’s something we need to do because young people like that have an interest where most young people don’t even know anything about government. And when you get the interest peaked for young folks like that it’s imperative that we maximize the opportunity for them. So I hope that we can look into that again and see if there’s any opportunity to bring that to pass because that would be a great program and give them an opportunity to take a part in what happens in this government and throughout our city because they do not feel involved and we don’t have enough for them to engage them. So I just want to commend her for that in just bringing the awareness to their attention. And I look forward to speaking with them next Wednesday, I’m sorry next Thursday, I’m sorry. Thank you, Mr. Mayor. 3 Mr. Mayor: Okay, Commissioner Fennoy and then Commissioner Lockett. Mr. Fennoy: Yes, I would like to just take this opportunity to thank Pastor Scott and her staff for the outstanding job that they are doing with working with the kids in the community. Pastor Scott has operated Camp Fix It for 8, 9, 10 or more years and she has always accepted all the kids that have come through that have applied for their program regardless of their ability to pay. And I just want to take this opportunity to thank her and her staff for the great job that she has done and hope that she continues to operate Camp Fix It. That would be a positive influence on the lives of the young people in our community. Mr. Mayor: Thank you, sir. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I would just like to echo what my colleagues have said. Pastor Scott, if you would please, would you go up to the mike and let us know what the application process is and who can become a participant or whether you’re branching out whether there’s other division of you or what because I’m quite sure when this is on the news or on TV people are going to wonder what do I have to do to become a part of this. Pastor Scott: Thank you, Commissioner. I’ll tell you everybody can be involved, any child regardless of the area of the community that they’re living in. I am specifically in the Dyess Park area because I’m specifically after serving the needs of the children in that area but also all over Richmond County CSRA. And all you have to do is come in and fill out an application of course you have to be of age and generally I work with children from ten and up. But the parents talk me into taking four year olds through up. And if I have teachers that can teach those children I take them. And the people that are my assistants they are teachers. They’ve actually worked in the system or they’re retired from another area of the government. So we have trained people, intelligent people educated people that love children and want to see children succeed. So any child can apply regardless of the area, regardless of race, color or creed. And all children are welcome. I’m not asking for four year olds but I will take four year olds but I do, they have proven themselves and must be able to work with the curriculum that we’ve put together for the children. This year is to know your city. We think the children need to be more involved in knowing what they have. Many people have a negative view of Augusta Georgia and don’t believe this is the ideal place to live. But once they learn about the city they realize and they’re learning and the group this year, I have twenty, fifteen to twenty but actually twenty are enrolled but not children the parents go on vacation and think I’m a babysitter but to have a steady number because the curriculum is serious. So this year is know your city and the children are learning the city and at the end of this they will design their own city. They’re in the process of doing it now, designing their own city because they’re learned enough, they know what they want they know what a city needs and I think the whole city needs to get involved in knowing what Augusta has. It’s a great area, it’s a great place to live and though we’re the second largest city in Georgia we want to be on or above the level of Atlanta so people will want to come and jobs can be formed. Some of these children, these two want to build malls and they’re serious. They’ve actually operated businesses, a small business so we talk business in the past years, how to operate your own business, how to make money, how to invest, know your government. That’s the education camp. The sports camp we deal with different aspects of 4 sports. It is in June that we do the sports camp and it is in July we do the education camp in preparation of going back to school. Thank you. Mr. Mayor: Pastor Scott, thank you for all you do. Commissioner Mason. Mr. Mason: Thank you. Thank you, Pastor Scott, for your involvement in the community, your involvement with our youth and the program that you’re operating out of. To the two young men who just came up to speak fantastic job. It’s not easy for one to stand in front of this Commission and speak to these faces up here with the authority in which you did and the detail. And I can appreciate that. I would also offer if you have not done so already to get on the school board agenda and do this very same thing because that’s a critical part of government as well and education first and foremost begins there. And certainly I’m more than happy and willing to join in to do what I can to assist in letting them understand the government as we operate the August Richmond County Government. But I do believe that from an educational standpoint that the school system and getting on the school board agenda as well is a very good place to start and include them in that process so that you’ll get a holistic view of what’s happening within the city. Because what most don’t understand 60% of the income that we receive goes to our school board and where that money goes and how your money operates within the city. And that’s extremely important to understand when you’re understanding the big picture and what you should expect from not only this government but what you should expect from your school board as well. So I offer those suggestions to you. I congratulate you for what you do in the community and I’m more than willing to help you in any way that I can. Mr. Mayor: Thank you. Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. I would just like to reach out to Pastor Scott. Thank you for all your good deeds and all your wonders that you do for the children because they actually need leadership and guidance and especially in this day and age. But I would like to personally thank you. Mr. Mayor: Thank you. Madam Clerk, on to the next delegation. The Clerk: DELEGATIONS C. Mr. Perry K. Smith regarding zoning for 1428 Springview Drive. Mr. Mayor: And if you could keep it to five minutes, please, sir. Mr. Perry: All right. I am Perry Smith. I’m from Richmond County. I graduated from Richmond Academy in 1971 and I own five other pieces of property here in Richmond County so I love Richmond County besides the one I want to talk with ya’ll about. In 1968 my Dad opened a barbershop up at 3340 Wrightsboro Road, 45 years ago. And we operated it he and I until a few days ago when the Wal-Mart come in and bought us out. And I purchased a house across the street and I came down in October and I acquired a variance to operate a business in the neighborhood. And in November I acquired a building permit to remodel the building and I 5 remodeled it and in March I completed my requirements on the building. And I came down in April to the Planning Commission and I came last month to the Augusta Commission and I was allowed the zoning to operate the barbershop. But I had stipulations and the stipulations some of them were the, to have site plans which I have a civil engineer that’s working on that now and he has presented to Mr. Patty a plan that we’re doing. And the Tree Commission was also that I satisfied the Tree Commission. And I’ve done everything that any inspector or anybody’s asked me to do. And I’ve, I was at a Tree Commission meeting yesterday as a matter of fact and they, we’re going to have to come back and forth with some plans and it could be another sixty or ninety days. But the stipulation says I couldn’t get a business license until I satisfied all of it. And the Fire Marshall had been out and he certified the building and everything’s okay and my CO was out at the plant, out at the Marvin Griffin Road now but I can’t obtain a business license to operate it. And my business is 45 years old and it’s very hard to tell people I can’t take care of them. And I’m just bleeding and begging for mercy for somebody to just for this Commission or somebody to allow me to operate until I do all of it. All I lack now is getting the Tree Commission. Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Yes, Mr. Smith, how big is your lot on Wrightsboro Road? And I know what the lot that you’re speaking of. Mr. Smith: I’m going to say it’s a hundred by a hundred. Mr. Guilfoyle: So that’s a quarter of an acre, 3/8 of an acre? Mr. Smith: Yes, .23. Mr. Guilfoyle: All right. Do we have George Patty or Rob Sherman in the house? Mr. Mayor: George is right there. Mr. Guilfoyle: George, we had requested the site drawings. Any site drawings required for anything over .99 acres, one acre? Mr. Patty: That’s a soil erosion plan you’re talking about, over one acre. This situation is that he’s right across from the new Wal-Mart. He’s is a subdivision so I think that Professional Zoning is appropriate and he zoned it with a few conditions. The reason it got to the point that it did is that we granted him back in 2012 November I believe he was granted permission for a home occupation by the Board of Zoning and Appeals. In a home occupation you’ve got to live there, you can’t use more than 25% of the floor space for the business. And he proceeded to, and you can operate a one chair beauty salon or a barbershop. He proceeded to open a three chair barbershop, did not live there and then in addition to that he made a bunch of improvements to the property without permits, without site plans. He basically paved or crush and run the entire site and we tried to deal with it as effectively as we can but we have not got the cooperation we should get. And the neighbors are opposed to it. It’s going to set a precedent for how that area’s redeveloped right across from Wal-Mart, right down the street from the Augusta Mall which is 6 incredibly important to Richmond County. And I don’t want to hold him up but, you know, as of now we’ve seen a very rough concept plan or the Tree Board we did not have a site plan. Mr. Guilfoyle: As far as the modifications he’s done on this property if it was to be put on black and white and brought before you, would it have been approved? Mr. Patty: He has not provided any of the landscaping that he should provide. He’s violated the buffers on the side and the rear. He’s got a long way to go. The Tree Board looked at the concept yesterday during the meeting. They are trying to accommodate this without being overly burdensome on him as far as having to tear out paving and that sort of thing. But you know I feel his pain but I’m afraid we’re going to lose control of the situation if he’s not allowed to operate. Mr. Guilfoyle: Well, what can we do as far as giving Mr. Smith guidance on so he can get back into operation, sir? Mr. Patty: He can go ahead and formalize the comments from the Tree Board yesterday, put it in a plan, give it to me and I promise I’ll rush it through as fast as we can. Mr. Mayor: Is that okay with you? Mr. G. Smith: George? Mr. Mayor: Hang on there, Grady. Commissioner Williams then Commissioner Smith and then --- Mr. G. Smith: Whatever. Mr. Williams: Thank you, Mr. Mayor. I’ve been up to Mr. Smith’s business there and I walked through and I tried to help him and guide him and I kind of understand the dilemma. Wal-Mart came and bought him out and I think he had good intentions to do what was right to try to get the business set up. What I need to know now, George, is can’t we allow him to operate and give him time to do these things because if he has to wait now I never cut any hair but people come for a haircut they can’t wait six, seven, eight months for you to I mean you start going somewhere else and you lose your clientele. So I kind of sympathize with him but I’ve been there. I stopped by I mean I talked to him and I seen what he’s trying to do. I’ve seen the improvements he’s done. I see he’s trying to do what the tree ordinance says and get those in place but can’t we go ahead, can’t we as a body to allow him to operate and give him time and if he doesn’t come into form the guidelines that you put in place then we can do something to, but I mean and his Dad he started this business. And I understand that but to continue that business to keep going and Wal-Mart’s come in and moved not just him but the church was there and tire store was there all that’s gone. Well, that’s big business. They probably could relocate. I don’t know they did what they did but he’s a local business man who owns property here and I’m sympathizing with him. So can we allow something to take place give him time to open up? The fire department’s been there, I mean if there’s a life safety there I understand that. But and I 7 don’t want to make little of your responsibility as to what you do and try to get people to stay in conformance but can’t we give him some time to operate and see how he does that, George? Mr. Patty: Chief James might want to respond to this. My understanding is as of now he is in conformance with the Life Safety Code so he could get the certificate of occupancy from the fire department and the building inspection department subject to these other things. You could give him sixty days and make him come back to this board this body to get it extended if he has not conformed to all of the requirements. You could do that. Mr. Williams: I’m saying --- Mr. Mayor: Commissioner Williams, I recognize you for a second two. Mr. Williams: --- well, I was responding to George. Now I don’t want George to take my time now. I’m trying to help --- Mr. Mayor: You were right up against two when you waited for his response. Mr. Williams: Okay, I’m just trying to figure out can’t we allow him his license to get to operate while he’s still doing the work is what I’m saying. I mean I don’t want to hold him up. I think he’s been held up for quite some time. Mr. Patty: Give him some kind of conditional license for sixty days or something like that if you want to. Mr. Mayor: Is Commissioner Smith down on the end? Mr. G. Smith: I’d like to make a motion for that if that’ll help out, sixty days. What about the tree situation? Is the trees going to be in the sixty days or what? Mr. Patty: He’s going to have to take out some of the pavement in order to do that. That’s going to take some time. It doesn’t take long to plant trees. It could be done in sixty days if movement continues on it. 90 days would be better. Mr. G. Smith: Amend the motion to make it 90 days conditional and give him time to get in compliance with everything that needs to be done. Mr. Johnson: I’ll second it. Mr. Mayor: We have a motion that’s been properly seconded. I’m just and then I’m going to recognize Commissioner Lockett. But I do want to make the Commission aware that this is a precedent that we’re setting in that if we’re going to do this now we better be ready to do it again in the future as well. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I agree with you wholeheartedly, Mr. Mayor. You don’t want to start something if you can’t keep it up. I sympathize with Mr. Smith but my 8 question is why did Mr. Smith go on with the building modifications without a permit? And it’s my understanding that with the existing zoning and so forth he could have one chair but I think you indicated he had three. Now if this, which I don’t support if this motion was passed are we talking about one chair or three? Mr. Patty: When he went to the Board of Appeals in November of 2012 he applied for a one chair beauty salon as a home occupation. He went ahead made it a full, I’m sorry not a beauty salon barbershop. He went ahead and opened a full barbershop. He needed Professional zoning in order to do that. What the Board of Appeals granted did not cover what he eventually did. So at that point we made him come back through and get the property zoned which he did. And at that point we put conditions on it that he’s run afoul of now so to answer your, the long answer to your question would be a three chair when he gets done. Mr. Mayor: Commissioner Mason. Mr. Mason: Thank you. I need to be clear George in my mind because what I’m hearing here is that we’re potentially about to do a positive action for an individual who’s responded with two negative actions previously. Mr. Patty: That’s correct. Mr. Mason: I don’t need to hear anymore. Thank you. Mr. Mayor: Okay, we have a motion that’s been properly seconded. Madam Clerk, if you could for clarity read back that motion. The Clerk: Yes, sir. The motion was to allow Mr. Smith to get a conditional license for the 90-day period. Mr. Lockett: Roll call, Mr. Mayor. Mr. Mayor: Commissioner Lockett has called for a roll call vote. Madam Clerk? The Clerk: Yes, sir. Ms. Davis. Ms. Davis: Yes. The Clerk: Mr. Fennoy. Mr. Fennoy: No. The Clerk: Mr. Guilfoyle. Mr. Guilfoyle: Yes, ma’am. The Clerk: Mr. Jackson. 9 Mr. Jackson: Yes, ma’am. The Clerk: Mr. Johnson. Mr. Johnson: Yes. The Clerk: Mr. Lockett. Mr. Lockett: No. The Clerk: Mr. Mason. Mr. Mason: No. The Clerk: Mr. Donnie Smith. Mr. Smith: No. The Clerk: Mr. Grady Smith. Mr. Smith: Yes. The Clerk: And Mr. Williams. Mr. Williams: Yes. Motion Passes 6-4. Mr. Lockett: Mr. Chairman, point of personal privilege, please? Mr. Mayor: Actually during our retreat I will recognize you for a minute, Commissioner Lockett. We’ve got a long agenda to get to. Mr. Lockett: I know but I evidently I miscounted on the vote. I thought it was 5-5 and she said it was 6-4. Mr. Mayor: She said it was 6-4. The Clerk: I can read the yeses and no’s if you like. Mr. Mayor: Please, ma’am. The Clerk: Okay. Voting yes, Ms. Davis, Mr. Guilfoyle, Mr. Jackson, Mr. Johnson, Mr. Grady Smith and Mr. Williams. Voting no, Mr. Fennoy, Mr. Lockett, Mr. Mason and Mr. Donnie Smith. 10 Mr. Lockett: Thank you, Mr. Chairman. Mr. Mayor: Okay, thank you. Madam Clerk, on to the regular agenda please or the consent agenda. The Clerk: Our consent agenda consists of item 1-21. And under the Planning portion of the agenda I’ll read the Planning items and if there is anyone who has an objection would you please signify your objection by raising your hand. Item 1: Is a request to approve a petition for a Special Exception to expand an existing church on property at 1474 and 1478 Brown Street and also 1479 Wrightsboro Road. Item 2: Is a request to approve a petition for a Special Exception to establish a Family Personal Care Home on property located at 2422 Patrick Avenue. Item 3: Is a request to approve a petition for a Special Exception to establish a Family Personal Care Home on property located at 2382 Wheeless Road. The Clerk: Are there any objectors to any of these petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Under Public Services portion of the agenda we have two alcohol applications and I’ll read those. And if anyone has an objection will you please signify your objection by raising your hand. Item 4: Is a request for an on premise consumption Liquor, Beer and Wine license to be used in connection with Wardoza Productions, LLC located at 379 Highland Avenue. Item 5: Is a request for an on premise consumption Liquor, Beer and Wine license and a retail wine license to be used in connection with Southeastern Food Service and Events Consulting, LLC located at 1204 Broad Street. The Clerk: Are there any objectors to either of these alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: So our consent agenda then is items 1-21. Mr. Mayor: Lady and gentlemen, do we have any additions to the consent agenda? Commissioner Jackson then Commissioner Johnson. Mr. Jackson: Yes, sir, I’ve got several under the Engineering Services and a couple of issues that need to be addressed. For Engineering Services I have possible 39, 40, 41, 44, and 46. 42 there’s a maintenance and ownership not, I’m getting there Mr. Mayor to accept maintenance responsibilities, maintenance and ownership. And item 45 is that’s $1 million dollars not one dollar at the very bottom and that has to do with the TSPLOST. 11 Mr. Mayor: So you’re requesting that those amendments be made to those motions and that those be added to the consent agenda. Mr. Jackson: Yes, sir. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. Item 6 and 11. Mr. Mayor: They’re already on the consent agenda. Mr. Johnson: I’m sorry. Go ahead, that’s fine. Mr. Mayor: Any further? Commissioner Mason and then Commissioner Smith. Mr. Mason: Under the Public Safety agenda item number 34 added to consent. Mr. Mayor: Commissioner Donnie Smith, I saw your hand first. Okay, Commissioner Guilfoyle. Mr. Guilfoyle: Can we do number 47 and number 48 since it’s common practice? Mr. Lockett: Mr. Mayor? Mr. Mayor: Commissioner Lockett. Mr. Lockett: On agenda item number 34 that was just pulled I have a question that I’d like to get answered. If I can get an answer positively we won’t need to pull it. Mr. Mayor: Okay, it’s just been added to but you just have a question on it? And then come on, man, you’ve got to have some stuff from Administrative Services. What’s your question, Commissioner Lockett? Mr. Lockett: Workers Comp is for employees and these people that we are talking about are not employees as I interpret the definition of employee and as I read what I thought I read of the Personnel, Policies and Procedures Manual dealing with Workers Comp. But I know the attorney’s up there and she’s going to tell me I’m all wrong. Ms. Smitherman: Within O.C.G.A. 349.1 the definition of Employee under the Workers Compensation Act it includes any volunteer, law enforcement personnel of any county or municipality of the state who are certified by the Georgia Peace Officers Standards and Training Council so long as such shall be provided by an appropriate resolution for inclusion as employee by the governing authority. Mr. Lockett: Mr. Mayor, if she would’ve told me in advance I wouldn’t have had to ask that question. 12 Mr. Mayor: Thank you, sir. Do we have anything from Public Services to be added? Commissioner Smith. Mr. D. Smith: No, can we get consent on number 27? Mr. Mayor: Thank you, sir. Commissioner Jackson. Mr. Jackson: I don’t know if you have an issue with item number 38. Mr. Mayor: Is everybody okay with that one? Mr. Guilfoyle: Item number 28. Mr. Mayor: Okay, Commissioner Guilfoyle, item 28. Okay, do we have any further additions? Mr. Lockett: Mr. Mayor, under Administrative Services you can put them all under consent as far as I’m concerned. Mr. Jackson: Good try. Mr. Mayor: Okay, hearing no further additions to the consent, oh Commissioner Smith did you? Mr. D. Smith: No, we’re just adding. I’ve got something I want to pull. Mr. Mayor: Okay, now do we have any items to be pulled for discussion? Commissioner Smith? Mr. Smith: Number 6 and number 11 please sir. Mr. Mayor: I saw Commissioner Mason’s hand first. Mr. Mason: I’m going to need I’ve got a couple of questions on that 45 that was added to consent. I need to ask a couple of questions on that please, pull that one. Mr. Mayor: You want to go ahead and ask your question? Mr. Mason: No, I’ll go ahead and pull it. Mr. Mayor: Okay. 45 is no longer on consent. Commissioner Jackson then Commissioner Guilfoyle. Mr. Jackson: Yes, sir, thank you, Mr. Mayor. I’d like to pull item 14. 13 Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: It was the same thing. I was going to recommend that for discussion. Mr. Mayor: So that was 14 also pulled from the consent agenda? What’s that? Yeah and 45 was taken off the consent. Okay, Madam, Commissioner Lockett. Mr. Lockett: I want to know if we’ve got a deletion from the agenda, agenda item number 23. [23. Z-13-37 – A request for concurrence with the Augusta Planning Commission to deny a petition by Sarah Ellison, on behalf of Faraj Zahra, requesting a change of zoning from Zone R-1C(One-family Residential) to Zone R-3B(Multiple-family Residential) affecting property containing .19 acres and known as 1136 Beman Street. (Tax Map 045-2-024-00-0) DISTRICT 1] [Motion to delete this item from the agenda. (Requested by the petitioner)] Mr. Mayor: Yes, sir. Do we have, everybody good with that? Okay. Madam Clerk, if you could read back the, well, they’re posted on the screen. If there’s no further discussion, if I could get a motion to approve the consent agenda. Mr. Mason: So moved. Mr. Fennoy: Second. CONSENT AGENDA PLANNING 1. Z-13-29 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Gethsemane Baptist Church requesting a Special Exception to expand an existing church per Section 26-1(A) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing the following tracts: Tract A contains .30 acres and is known as 1474 and 1478 Brown Street. (Tax Map 045-4-176-00-0 & 045-4-175- 00-00) DISTRICT 1 Tract B contains .18 acres and is known as 1479 Wrightsboro Road. (Tax Map 045-4-192-00-0) DISTRICT 1 Tract C contains .16 acres and is known as 1487 Wrightsboro Road. (Tax Map 045-4-196-00-0) DISTRICT 1 2. Z-13-35 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Demetre Riles, on behalf of Patricia Scott, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1(H) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing .39 acres and is known as 2422 Patrick Avenue. Tax Map 166-0-283-00-0 DISTRICT 6 3. Z-13-36 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Nicole Bentley and Arthur Bentley requesting a Special Exception to establish a Family Personal Care Home per Section 26-1(H) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing .50 acres and known as 2382 Wheeless Road. Tax Map 085-1-204-00-0 DISTRICT 5 14 PUBLIC SERVICES 4. Motion to approve New Application: A.N. 13-17: request by Edward Mendoza for an on premise consumption Liquor, Beer and Wine license to be used in connection with Wardoza Productions, LLC located at 379 Highland Ave. District 7. Super District 10. (Approved by Public Services Committee July8, 2013) 5. Motion to approve New Application: A.N. 13-19: A request by Krista S. Wight for an on premise consumption Liquor, Beer and Wine license and a retail Wine license to be used in connection with Southeastern Food Service and Events Consulting, LLC located at 1204 Broad St. District 1. Super District 9. (Approved by Public Services Committee July 8, 2013) ADMINISTRATIVE SERVICES 7. Motion to accept the Year 2013 Action Plan amendment for Community Development Block Grant (CDBG) Program, HOME Investment Partnerships (HOME) Program, Emergency Shelter Grant (ESG) Program, Housing Opportunities for Persons with AIDS(HOPWA) Program as set forth by HUD’s changes. (Approved by Administrative Services Committee June 10, 2013) 8. Motion to approve two (2) annual bid items. The items require Commission approval due to the fact that purchased on the individual items will exceed $25,000.00 per order. (Approved by Administrative Services Committee July 8, 2013) 9. Motion to approve updating the Augusta, Georgia Citizen Participation Plan to include the by-laws of the Citizen Advisory Committee in an effort to strengthen the overall intent of what citizen participation means. (Approved by Administrative Services Committee July 8, 2013) 10. Motion to approve for Augusta to enter into a contract with the Pollock Company to be the service provider for “Copier Management Service” for Augusta, Georgia. This contract provided for the placement of 57 copiers in various Augusta, Georgia Departments by Pollock Company. The pricing for this agreement was predicated by determining a combined monthly copy volume of all 52 devices with a single monthly invoice for all usage. The contract includes all required hardware, service support, parts, labor and consumable supply items (excludes papers) for the agreement term. The contract will be established as a three (3) year program with two (2) automatic one year renewal. (Approved by Administrative Services Committee July 8, 2013) PUBLIC SAFETY 12. Motion to approve contract addendum with Civic Plus. (Approved by Public Safety Committee July 8, 2013) 13. Motion to approve Additional Software License Agreement for New World Gangs and Narcotics Software. (Approved by Public Safety Committee July 8, 2013) FINANCE 15. Motion to approve the replacement of one F-150(4X4), one F-250 (4X4) and one F-350, dual rear wheel for Engineering Department. (Approved by Finance Committee July 8, 2013) 15 16. Motion to approve the replacement of 4 trucks for Recreation Department. (Approved by Finance Committee July 8, 2013) 17. Motion to approve request from the Augusta Utilities Department-Fort Gordon Division to purchase one trailer mounted sewer flusher. (Approved by Finance Committee July 8, 2013) 18. Motion to approve the purchase of the Balotar Ballot on Demand Absentee Ballot Printing System. (Approved by Finance Committee July 8, 2013) 19. Motion to approve an ordinance to designate “McBean Enterprise Zone”. (Approved by Commission June 18, 2013 second reading) PETITIONS AND COMMUNICATIONS 20. Motion to approve the minutes of the regular meeting of the Commission held June 27, 2013 and Special Called Legal Meetings held June 27 and July 8, 2013) APPOINTMENTS 21. Motion to approve the appointment of Mr. Frank Gibbs to the Augusta Port Authority representing District 3. PLANNING 23. Z-13-37 – A request for concurrence with the Augusta Planning Commission to deny a petition by Sarah Ellison, on behalf of Faraj Zahra, requesting a change of zoning from Zone R-1C(One-family Residential) to Zone R-3B(Multiple-family Residential) affecting property containing .19 acres and known as 1136 Beman Street. (Tax Map 045-2-024-00-0) DISTRICT 1 [Deleted from the agenda] 27. Motion to approve amendments to August-Richmond County Code Section 6-6 Secondhand Goods, Article 1 Brokers, so as to provide the time period for disposing of goods obtained through purchase, credit or trade; to establish the minimum allowable age for a seller; and text corrections for clarity. 28. Motion to approve the contract for the Design and Rehab of Pavement on the Air Carrier and General Aviation Aprons between the Transportation Investment Act of 2010 (TSPLOST) and the Augusta Regional Airport as approved by the Augusta Aviation Commission at their May 30, 2013 meeting. PUBLIC SAFETY 34. Motion to approve Resolution Authorizing Coverage of Sheriff’s Reserve Deputies and Rescue Workers under Worker’s Compensation. FINANCE 38. Motion to approve Water and Sewer Bonds Series 2013 supplemental resolution. ENGINEERING SERVICES 39. Motion to provide necessary signatures on furnished agreement to include Augusta Utilities Department water and sanitary sewer main relocation in the Georgia Department of Transportation contract for the widening of SR 56 FMCR 17/Bennock Mill Rd to CR 1516/Old Waynesboro Rd. The estimated cost of construction is $4,709,621.00. 16 40. Motion to approve Augusta Utilities Department to purchase one Vaporooter panel and power unit to chemically treat sanitary sewer lines for roots to help prevent sanitary sewer overflows. 41. Motion to approve bid item #31-126 and contract for CNG maintenance services to Atlanta Gas and Light (AGL) Resources. 42. Motion to accept maintenance responsibilities from the Georgia Department of Transportation for the portion of Tobacco Road between Mike Padgett Highway (Hwy 56) and Doug Barnard Parkway, which is currently designate Highway 56 Spur. 44. Motion to approve rotating the scheduled meeting time for all committees at two month intervals in accordance with proposed schedule presented by Commissioner Davis. (Approved by Administrative Services Committee June 10, 2013)(Referred from the June 18 Commission meeting) 46. Motion to approve bid award of RFP #13-111A, Wastewater Collection System Asset Management Program to Redzone Robotics, Inc. APPOINTMENTS 47. Consider the recommendations from the Richmond County Department of Family and Children Services Board to reappoint Dr. Louise Rice and Kathy Schofe to a five-year term. 48. Consider the recommendations of the Community Service Board due to resignations to reappoint/appoint the following to a three-year term: Lonnie Showman and B.J. Lester. Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now vote by the usual sign. Motion Passes 10-0. [Items 1-5, 7-10, 12, 13, 15-21, 23, 27, 28, 34, 38-42, 44, 46-48] Mr. Mayor: Thank you, ma’am and let’s go to the pulled agenda item first, I believe number six. The Clerk: PUBLIC SERVICES 6. Motion to approve rotating the scheduled meeting time for all committees at two month intervals in accordance with proposed schedule presented by Commissioner Davis with both committee and commission meeting starting at 2:00 P.M. (Approved by Public Services Committee July 8, 2013) ADMINISTRATIVE SERIVES 11. Motion to approve rotating the scheduled meeting time for all committees at two month intervals in accordance with proposed schedule presented by Commissioner Davis. (Approved by Administrative Services Committee July 8, 2013) ENGINEERING SERVICES 43. Motion to approve rotating the scheduled meeting time for all committees at two month intervals in accordance with proposed schedule presented by Commissioner Davis. (Approved by Administrative Services Committee June 10, 2013) (Referred from the June 18 meeting) 17 Mr. Mason: Mr. Mayor, can you --- Mr. Mayor: Commissioner Mason? Mr. Mason: --- can you utilize 6, 11 and 43. They’re all the same or companion items I would say. If we could discuss all of these at the same time and be able to dispose of it that would be a great thing. Mr. Mayor: Amen, brother. And, Commissioner Smith, was this your pull? Mr. D. Smith: Yes, sir and I think we can clarify, we can get this done really, really quick if somebody will tell me Ms. Davis or since this was your motion if you’ll tell me which committee starts first? Mr. Mayor: Ms. Davis. Ms. Davis: Let me pull it up on our, the way I have it outlined was Public Services starts first every time because of you know, yeah the people that are here from the public they can get their business done quickly typically. And then on a two month rotating basis the committees start alphabetically after Public Services and rotate according to the alphabetical name of the committee. And then after two months whoever was first moves to second and so on and so on. Mr. D. Smith: I guess --- Mr. Mayor: Commissioner, go ahead. Mr. D. Smith: --- a follow up question is you’re saying that Public Services is always going to go first and they’re not going to rotate --- Ms. Davis: That was just on the proposal. It’s just because the public comes in to get, I mean it’s typically a quick vote for those items on that committee. Mr. D. Smith: And that was the purpose of me pulling these so you could try to explain that to me. Thank you. Mr. Mayor: Commissioner Mason then Commissioner Williams. Mr. Mason: Thank you, Mr. Mayor. I would hope first and foremost the correction on here this was actually on every committee. I don’t really want to harp on it too much but I do want to make a point of emphasis to the Clerk because on Public Safety it tied 2-2 but I don’t see it on here. And I remember Commissioner Williams asked the question before when something tied 2-2 and he saw it on the agenda and he asked the question. And now it tied 2-2 and I don’t see it on the agenda. So we need to be correct --- The Clerk: I apologize for that error. 18 Mr. Mason: --- yes, ma’am. Okay, now that clarification is good. This is not what Commissioner Davis asked for. That wasn’t even her motion initially. Now because she did not have when this first came through to a 2:00 p.m. starting time for Commission and Committee meetings that’s not what she said. Now if this and I don’t think she was the maker of this particular motion so in my mind that’s an error as well in terms of how this is addressed. But let’s just address it. Commissioner Lockett put this on several months ago and Commissioner Davis came back with a plan which is not this that she did come back with that seemed to have a pretty much good support. For whatever reason between then and now and I don’t know what all those reasons are and I would hope they weren’t personal towards any particular individual it was the most fairest thing to do from that aspect. A 2:00 o’clock starting time was not anything that was asked for initially. A movement of the Commission meeting was noting that was asked for either. And so I’m wondering at what point and what would be the purpose of moving first of all starting later at committee --- Mr. Mayor: I recognize you for another two. Mr. Mason: --- yes, sir, thank you I appreciate it, Mr. Mayor. Starting later at Committee because that’s certainly wasn’t what the request nor was it what that was brought back as a solution initially. So what would that, what would be the purpose of starting later for that and then what would be the purpose of keeping the community who elected us on this Commission to not be afforded the opportunity to come and see their Commission at work doing their business at 2:00 o’clock in the afternoon which most people are at work and they would have to come and take time off. Now the 2:00 o’clock or the 12:00 o’clock start time okay that was one opportunity that was missed by the public but in no way shape or form should they have two opportunities missed to come down and see what their government is doing. I don’t think that’s transparent. I don’t believe that’s appropriate and I think we need to look very, very closely at that Mr. Mayor and not preventing this community the opportunity from coming and not having to take time off from their schedule to see their government elected officials that they placed here to do their business and not give them the opportunity to do so. So I would hope that we would look very, very closely at that and consider the effects of that before we do a knee jerk reaction to Mr. Lockett’s request just to change the meetings in terms of the order of how the meetings go so that one particular committee would not be last at every turn. Thank you, Mr. Mayor. Mr. Mayor: Commissioner Williams then Commissioner Davis. Mr. Williams: Thank you, Mr. Mayor. I’m a little bit confused a little bit. I did agree that changing and I think Commissioner Smith made the motion to change it to 2:00 o’clock. I’ve got some issues with setting the committee meeting later rather than going earlier to come in because we do you know we’ve been complaining about how much time it takes up here. And it does take time to handle the business but we’ve had some complaints among the Commissioners about how long we’ve been taking. But we come in at 2:00 o’clock for committee and 2:00 o’clock for commission it’s going to get even later. So I’m ready to make a substitute motion that we change, okay I’m ready to make a motion then since one hadn’t been made. Commissioner Lockett has asked for this because it is known that his committee Administrative 19 Services is the last one. A lot of people leave they walk out they go home they go to McDonalds or wherever they go. Grady Smith might go to Pizza Hut but still people leave. And you need to be here to handle those businesses. So I’m in favor of rotating it where Public Safety or Public Services starts first every time. And I think Ms. Davis explained that that’s not initially what she intended. But we do need to rotate them we do need to give the public and opportunity to share in the meeting. Now let’s not forget that all of this is televised. Now everybody that don’t come to the meeting can see their government in action. That’s one good thing I think we did. Some people don’t like it some people don’t agree with it but that’s it is what it is. So we can get an opportunity to view it we can get an opportunity to know what’s happening know who did what and who voted for whatever. So there is not motion. I’m going to make one now, Mr. Mayor, but I did want to say that I’m in agreement of moving the time earlier versus later as far as committee meetings goes back to 12:00 if you would do that and rotate them. And then start Commission meetings five, six or two. It doesn’t matter to me. Mr. Mayor: Okay. So you’re in favor of rotating the schedule and leaving the committee start time the same. And you’re fine with whatever time we start Commission meetings. Mr. Williams: I make that in the form of a motion. Mr. Mayor: Okay, we got to clarify. Commissioner Davis then I saw Commissioner Smith then Commissioner Johnson. Ms. Davis: Thank you, Mr. Mayor. I just wanted to make it clear that motions 6 and 11 are a little different. My original motion under Administrative Services is #11 and then the addition Commissioner Smith added to when it was under his committee. So they’re actually two different motions so we need to make careful recognition of that. Mr. Mayor: Okay. Commissioner Smith then Commissioner Johnson. Mr. G. Smith: I made the motion so what I was trying to do was get the time limit set where the meetings started a certain time where we done have one, one day and one another. So the main thing is if you’re down here to do business with the county no matter what the department is during the day usually 9-5 somewhere in there. So anybody that wants to come see the public’s business we’re lucky we’ve got a great news media here in town they cover us pretty good and we’re on TV. I just say that when we’re starting these meetings like now, 5:00 look at the clock we’re right here at 7:00 o’clock and you know either way it’s going we won’t get out of here pretty close to 8:30, 9:00 o’clock like the last couple of meetings. I’m saying that if people have got business with the county if it’s serious enough they’re going to come down here and take whatever time they need to do to take care of their business. And I just think that if we get in here I don’t care about the time if we start all meetings at 12:00 o’clock. But to get down here and start the way we do and look what time it is and lot of times these people out here are lucky, they can get up and leave when they want to. But I’m going to stay here and do the public’s business no matter what time it is but I just think that we need to look at what time we start. And I’d like to be home and several of the commissioners too at a certain hour. And if it’s runs over fine. But if we start at 12:00 we pretty much ought to be through by 5:00 and all this over time we pay to have the lights burning and all the staff out here there’s safety and 20 everything else what is that costing the taxpayers? So you know I own a private business I don’t know if I’m wrong but it’s cheap for me to keep my guys working from 8-5 and then after 5:00 it’s my decision whether it’s overtime or not. And believe me Richmond County’s always screaming we’re low on funds --- Mr. Mayor: Do you want another two minutes? Mr. Smith: One minute’s fine. I just say if we’re talking about money start added up what it costs to get down here at 5:00 o’clock and see what it costs us all everybody sitting in this room to be here as far as the staff that runs this building, lights, safety the whole thing. I think it costs a lot more than people the average person knows and I believe they would make a time to come down here during the day to get costs down. Mr. Mayor: Okay, thank you. Mr. Mayor Pro Tem. Mr. Johnson: Thank you, Mr. Mayor. The only concern I have I’m flexible either way but I do believe we need to start the committee meetings a little earlier because it can run a little late. But how confusing is that going to be for the Clerk of Commission. I mean I know you’re filling in, Ms. Morawski, but I mean over the course I know that, you guys are already you know just slammed with things to do and shorthanded. But trying to remember to rotate those meetings I know that’s going to be a task for you all. Yeah, that’s going to be a task. And I want us to be considerate of that. I mean I understand the mission but we got to think about them too because I mean we don’t have, they’re not fully staffed. And that’s all I’m saying just think about because there may be some mistakes made and somebody’s committee ain’t going to be put where it was supposed to be. And if we’re going to call them and getting on them about it let’s think about that as we look at trying to change these you know these committee cycles or rotate them if you will because it’s still putting the burden on them clearly to make sure that’s it’s done every two months or what have you. And I just want us to be aware of that. So I just wanted to put that out there, Mr. Mayor, but I’m pretty flexible either way. Mr. Johnson: Thank you, sir. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. As my colleague Commissioner Mason said, this was initially my agenda item but I don’t recognize it anymore. You know we have some good people in the Clerk’s office. All I ask is for us to be fair and to be considerate. Administrative Services is a very important committee that I chair. And as was said earlier often times most times the media is gone, most of the audience is gone and I have a hard time sometimes getting a quorum. So it’s only fair that we rotate these things. And I know the Clerk. They know who to deal with this. They deal with everything else. If not I’ll come down and tell them this is the order it’s supposed to be in this month. I mean it doesn’t make any difference, but I do have a concern and I offered a friendly amendment to my colleague’s motion at a previous meeting. This change of hours this is something that should be a separate entity and not a part of the rotation. I think we’d be much more favorable if it was all by itself, changing the hours but not as a part of this rotation that we tried to get for so long. Thank you, Mr. Chairman. 21 Mr. Mayor: Okay. Commissioner Smith, I’ve actually recognized you twice so I’ve got to go to Commissioner Fennoy to be fair. Mr. D. Smith: Yeah, that’s fine. Mr. Fennoy: And I think that if the rotation is done one time say from January to December then it will already be in place so we know who’s going to be meeting in what order January and February, March, April, May and June and so forth and so on. So it won’t necessarily have to be done once every two months. It could be done one time and that’d be the end of it. Mr. D. Smith: Can we call for the question? Mr. Mayor: Well, there’s not been a motion made. Would you like to make a motion on this? Mr. D. Smith: I will make a motion. I make the motion that we that we rotate the schedules Public Services being first the committees start at 12:00 and the Commission starts at 2:00. And I ask somebody to second it. Mr. Mayor: Do we have a second to that? Mr. Williams: I’ll second that, Mr. Mayor --- Mr. D. Smith: I’ll second that. Mr. Williams: --- if it’s Public Services started first to begin with. Is that what you’re saying? Mr. D. Smith: Yes, sir. Mr. Williams: Okay, I didn’t want to, make sure that I ain’t saying Public Services starts first every time. Mr. D. Smith: Yes, sir. Mr. Mayor: Okay, we have a motion that’s been properly seconded. And, Madam Clerk, if you could read that back for clarity. The Clerk: Yes, sir. That was to rotate the committee’s with Public Services starting first. And with the committees to begin at 12:00 and then the Commission to start at 2:00. Mr. Mayor: Okay. Commissioner Johnson and then --- Mr. Johnson: Thank you. I don’t know if I agree with that now Public Services is one of those committees that you have people here for alcohol licenses and other means and they need 22 to be, and most of the time those are the folks that take up the bulk of the business here. So I that needs to be done first every time because that’s most of time that’s why the people are here is dealing with the business. It’s dealing with business licenses, it’s dealing with alcohol licenses things of that nature so I wouldn’t sit here and say it don’t need to be first all the time because that’s one of those committees that most, that’s why most of the people come you know and --- Mr. D. Smith: And I, that’s my motion is that they’ll be first. Mr. Johnson: Well, I know I think Commissioner Williams said as long as Public Safety, Public Services is not first all the time. Mr. Williams: I’m not going to second that if it’s going to be, if we’re rotate them then that’s why we’re rotating it now. If we’re going to set, I mean, what are we doing? If you’re going to rotate them that means move. Mr. D. Smith: That’s why we’re talking now. It takes too long. Mr. Mayor: Okay. Commissioner Fennoy did you? Mr. D. Smith: We need a second. Mr. Mayor: Commissioner Williams has withdrawn his second --- Ms. Davis: Second. Mr. Mayor: --- but Ms. Davis has responded with her own second. So Commissioner Fennoy, did you? Mr. Fennoy: Yes, I’d like to make a substitute motion, I’d like to first of all get clarity on the motion, on the primary motion. Mr. Mayor: Mr. Smith, would you like to? Mr. D. Smith: I’ll try to be simple. We will start committee, my motion is to start committee at 12:00 o’clock, the Commission meetings will start at 2:00 o’clock. The first committee every time should be the Public Service Commission followed by a rotation of the other committees at a two month interval. Mr. G. Smith: Second. Mr. Mayor: Okay, no we have a motion that’s already been properly seconded so if there’s, Commissioner Williams I’ll --- Mr. Williams: Sir, you’ve got to have some discussion because you’ve got another motion. I mean you got a whole different yard and I want to be brief. But are we saying here we’re going to rotate them and keep the status from being stagnant like we’ve been having it. If 23 you’re going to start off with one committee then it ought to rotate with everybody. There’s no business whether it be alcohol license, dancing in the nightclub or nothing else more important than any other government business. The government business is business. And we’ve got committees to handle those things. So we start off with one because somebody’s got to start it and we rotate it. I don’t see why no, and if anybody ought to be last it ought to be the nightclubs ought to be last. Mr. D. Smith: Unless you’re a nightclub owner. Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioner Mason, I’ve recognized you twice. Mr. Mason: I’m going to offer a substitute motion. I can still do that, Mr. Mayor. My substitute motion will be that we do the rotation by committee. We don’t set which one is first or which one is second. We will rotate by committee and that the start time, what did you say 12:00 o’clock? Start time 12:00 o’clock with Commission meetings starting at 5:00. That would be my motion. Mr. Mayor: Your substitute motion. Mr. Mason: Substitute motion --- Mr. Lockett: Second. Mr. Mason: --- yes. Mr. Mayor: Okay, we have a substitute motion that’s been properly seconded. If there’s no further discussion Commissioners will now vote by the substitute sign of voting. Mr. Fennoy, Mr. Mason, Mr. Lockett, Mr. Williams vote Yes. Mr. Johnson, Ms. Davis, Mr. Jackson, Mr. D. Smith, Mr. Guilfoyle and Mr. G. Smith vote No. Motion Fails 4-6. Mr. Mayor: Okay, we now have a primary that’s on the floor that’s been properly seconded. Commissioners will now vote by the usual sign of voting. Mr. Fennoy, Mr. Johnson, Ms. Davis, Mr. D. Smith, Mr. Guilfoyle and Mr. G. Smith vote Yes. Mr. Mason, Mr. Lockett, Mr. Jackson and Mr. Williams vote No. Motion Passes 6-4. Mr. Mayor: And, Madam Clerk, as we took, the two that we took as companions that was 6 and 11 and 43. That disposes of those agenda items. Madam Clerk, on to the next pulled agenda item please. The Clerk: 24 PUBLIC SAFETY 14. Motion to approve the Updated Downtown Safety Plan consisting of a wide variety of components as presented by Sheriff Richard Roundtree. (Approved by Public Safety Committee July 8, 2013) Mr. Mayor: Can we get somebody to speak to this? Mr. Staunton? Okay. Mr. Jackson: I pulled it. Mr. Mayor: Okay, Commissioner Jackson, you pulled this? Mr. Jackson: Yes, I did. Mr. Mayor: Okay. Mr. Jackson: Nothing against the camera system and implementing it downtown and throughout Augusta. I was just going to make a motion that I don’t think that the taxpayers that pay taxes in Richmond County should have to fit the bill for the initial start up. So my motion would be to task the Administrator to come up with the initial funds for the camera project, IP and fiber optics. And then on a voluntary basis as individuals you’re only talking initially I think it was three or four maybe $500,000 dollars. And I know for a fact that we can out of SPLOST V and VI I’m sure there’s funds that are available to achieve this. And then as an involuntary basis as the business owners want to join in on that on a voluntary basis camera watching or cameras for their stores. I just think at this time that this is something new. It’s creative but I think it’s something we need to do. We need to support and I believe the Administrator if we can come up with $2.5 million dollars for the golf course out of SPLOST we can come up with half a million to fund this. Ms. Davis: I’ll second that. Mr. Jackson: I’ll put that in the form of a motion. Thank you. Mr. Mayor: Could you repeat that motion? Mr. Jackson: The motion is to task the Administrator to come up with initial funds for achieving the camera project, the IP/fiber cameras at this discretion on Broad Street, Greene Street, Telfair with his initial plan that he brought to us last week. And then on a voluntary basis the community can join in. Mr. Mayor: Okay. Ms. Davis: I’ll second that, Mr. Mayor. Mr. Mayor: We have a motion that’s been seconded. Commissioner Mason. 25 Mr. Mason: Thank you, Mr. Mayor. The presentation that was given by Sheriff Roundtree was very extensive. It was articulated in a manner which was easily understood and I could see a clear path to a better downtown that what we currently have today. As a chief law enforcement officer to include the individuals that was a part of coming up with this idea and this project Mr. Mayor I’m going to defer to his expertise in what he placed out here. So from that I’m standpoint and from that extensive conversation and dialogue that we had just a week ago going to make a substitute motion that we pass this agenda item as presented. Mr. Fennoy: Second. Mr. Mayor: We have a substitute motion that’s been properly seconded. Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. Fred, as far as imposing this new bid tax for the downtown area what’s the procedure protocol for that to happen. I don’t think it can be done overnight. Mr. Russell: No, it’s designed to address those individuals that previously said, I’m sorry it’s designed to address the issues of the individuals rose that said we didn’t like the bid the way it was because we thought it was involving law enforcement. We ended up doing the CADI program in all this. What it would take would be the same procedure for that except it would be designated strictly for law enforcement. It would require fifty-one or so odd percent of the profit --- Mr. Mayor: Fifty-one. Mr. Russell: --- or something like that to agree to this. So to get the enhanced services provided by this tax you’re going to have to request that we tax the 51% going to request that we tax them to do that basically. Mr. Guilfoyle: So we got to go through the procedure actually door by door to find out if they would support it. Mr. Russell: Yes, sir. Mr. Guilfoyle: What about the Urban District Reserve Fund. Do we have any capital left in that? Mr. Russell: I do not know the answer off the top of my head. But there is a reserve for the urban district. I don’t know what that number would be. Mr. Guilfoyle: The reason why I’m asking is for the simple fact that is we could actually get the ball rolling quicker by looking at the Urban District Reserve Fund, the SPLOST even the Reserve Public Safety Fund. I don’t know if anything has been left in that fund as well. 26 Mr. Russell: I guess my concern with doing that is that there are things we should be buying out of the capital budget part. There are also if you look at enhanced services I think that this is the time for those people that have said we want more to pay for them as opposed to making somebody that lives in your district to do that particularly for the cops. We can get you those numbers, but I guess you know I think we’re all of the opinion that we need to move forward with assistance there. The question becomes is how do you fund it and what do you do. Cameras and stuff like that given the authority I could go look for dollars to do that because that’s a capital deal. But once again though I still think that the people that are benefiting from this the most and have come to us and said we didn’t like the other we thought it would be better if we did this we give them a chance to pay for that enhanced service. I mean we’re not going to be able to put cameras everyplace in the city. Mr. Guilfoyle: Right. But what happens by going door to door to see if you could get support for it from the 51% and that fails. Shouldn’t we have an alternate --- Mr. Russell: Then at that point I think the discussion is apparently they didn’t want as much as they said they did. And, you know, then we got to figure out if we want to tax me and you to help pay for that service basically. And that’s the question we’d ask you at that point. Mr. Guilfoyle: Right as far as the employees as far as the deputys I understand that Sheriff Roundtree. The camera system the only thing I’m just trying to do is find an alternative way to where it doesn’t cost the individuals downtown because they’re already paying their millage, a separate millage they just got hit with another 1% transportation SPLOST they’re fixing to get hit with this storm drain system it just, there’s only so many ways you can get hit. And that’s what my concern is. Mr. Russell: And I fully believe that. Mr. Guilfoyle: We ought to protect the people that we’re going to be losing that’s where I have a problem on the other side of the coin. Mr. Russell: The cameras, you know, I’m not uncomfortable coming back to you with a plan to pay for them out of the Urban Service Reserve. I think that’s something we can do. There’s dollars there that would be appropriate to do that with. But once again if you’re looking at additional cops on the street --- Mr. Guilfoyle: Right. Mr. Russell: --- I still think that that this is the best way to do it. Mr. Guilfoyle: Can we amend the budget to where we can actually support the Sheriff’s Department? Mr. Russell: At that additional level, sure, we can do that but you’ve got to come up with --- 27 Mr. Guilfoyle: Is nine officers necessary, Sheriff Roundtree? Sheriff Roundtree: I’m sorry. Mr. Guilfoyle: Is nine officers necessary because you already have I think four. Sheriff Roundtree: We have three that are dedicated to the downtown area but they don’t work seven days a week and they work opposite shifts. So you have three at one time now. Mr. Guilfoyle: Okay. Somebody had handed me the crime stats for the downtown area 9:00 til the wee hours of the morning is when most of the crime is done. I wouldn’t want to have a midnight shift working all the time either. Mr. Mayor: Commissioner Guilfoyle, would you like another two? Mr. Guilfoyle: Please, sir. If we could find an alternative solution instead of imposing the bid which is going to take some time for the safety and security of our residents downtown, you know, we might have it somewhere hidden in the drawer. We never know. Sheriff Roundtree: And if I may. And I think we’re all on the same --- Mr. Mayor: Mr. Sheriff. Sheriff Roundtree: --- I thought, if I may, I thought you said yes. I think we’re all on the same page. I think we’re confused at the verbiage. I remember my safety plan covered different facets of the plan. The camera was one entity of it. To be it is another. When we move forward with the bid we’re moving forward with asking the taxpayers who will be affected by is this something you want. We’re not imposing on them we are offering them an opportunity to enhance their services. That’s all. They come back and say they don’t want it then we do not move forward with that. But we can still move forward with the camera system if you authorize him to find the money for the camera system and we’ll move forward in a different direction to try and enhance safety downtown. We’re just offering what the people have asked for we done come up with a plan to offer it to them. And what we plan to do is bring them in a room and I’ve already met with several business owners present the plan to them, let them talk about it, look at it see how it affects them and they can say yes I want it or they can say no I don’t want it and then we move on. You’re not imposing on them. You’re giving us an opportunity to present it to them. And that’s why I think we’re confused. So that’s where, we’re all on the same page and I hope that cleared it up for everybody. But yes if he can find, wherever Fred can find the money that’s fine. We’re not asking for downtown to pay for the cameras. We’re asking them do they want to supplement their service. This is something we can do and we can continue this for five years and continue to enhance that service if they buy into the bid process. Mr. Guilfoyle: Thank you, Sheriff Roundtree. Mr. Mayor: And just for the point of clarity too. And I support Commissioner Mason’s motion I support the program because it’s the most democratic way to go about it. You go to the 28 property owners you can get 51% of the value or 51% of the total property owners either way so we’re not imposing anything on them at this point. And then, Mr. MacKenzie, if I’m not incorrect it still would have to come back before this Commission to be approved to move forward after the signatures were received. Correct? Mr. MacKenzie: Correct. Mr. Mayor: Okay. Commissioner Smith then Commissioner Mason. Mr. D. Smith: Mr. Mayor, Sheriff, I’m supporting you, you know, I’ve told you that but I’m confused. This says to approve the Updated Downtown Safety Plan. I just want to know that what we’re voting on right now is to allow the vote by the people downtown for the continuous patrol district and not the entire 10 million or 8 million or whatever however many millions of dollars for the entire plan. I think that’s what we’re trying to get to. Will somebody make sure what we’re voting on is that we’re simply giving them a mechanism or a vehicle to send it to the people downtown and let them vote. Because I think we’re getting caught up in some semantics here and I know that I was confused. So that’s what I’m trying to do now is get a clarity. This is just simply your motion, Alvin, is to make sure that he has the opportunity to present it to the downtown people. Mr. Mason: Yes, I’m very clear in my mind --- Mr. Mayor: Commissioner Mason. Mr. Mason: --- yeah, thank you, Mr. Mayor. I’m very clear in my mind on what the motion is because even when we had the discussion before and there were some angst and consternation if you will in terms of the time of the closing of the Riverwalk. It was even mentioned at that point. That wasn’t necessarily what we were here to address at that point. That was a proposition in that what we were talking about is designing that bid district or CPD as it’s known as to give them the authority to go and deal with the business owners to see if in fact that is something that they would agree to. If it’s not that’s moot point but he has to have that authority to make that happen. This is my understanding. If there’s something different in that, Sheriff, you can let me know but that’s what’s my understanding is and that’s why I made the motion. Mr. Mayor: Mr. Russell? Mr. Russell: If I can, part of that would be to come back with you with a recommendation on how to fund the camera. Mr. Mason: Clearly. Mr. Russell: And to come back to you with a recommendation on the paper work of the clean aspect that I put together that involves Heery. So this is just giving us, this is just telling us that we think you’ve got a good idea. We want to see the final product. That’s where I’m at. 29 Mr. Mayor: Okay, Commissioner Williams then Commissioner Jackson then Commissioner Smith. Mr. Williams: Mr. Sheriff, let me say that your verbiage was not confusing at all. So I understand you’re trying to explain it. We always try to find ways not to do something. I have not heard one person complain about the proposals in the paper that you made. I mean I do have the downtown area and no one called me and said well we’re not going to do this. I heard a lot of talk about the CADI program and what it wasn’t doing. But this is an opportunity to start. If you do the same things you’ve always done you always get the same things you’ve always gotten. So now we’re trying to do something different. So when it’s time to find the money, right now it’s a process to get started with. So I just wanted to say you know I understood you clearly when you was here at committee and I understand you clearly now that we need to just give you the authority to go ahead and get this process working sort of. And then we come back. But we, I tell people all the time you can’t clean fish until you catch them. You’ve got to catch them first. You know I mean its people, I mean we’ve got to learn to work this thing. I mean it’s a process but we always sit up here and try to figure out a way who’s going to get this, who’s going to get that. And still I’m saying hey let’s support it let’s bring it to the point. Now I ain’t talking about spending the money. I question the cause you get I question the cause of everybody because I want to make sure that we are spending the money in the right place. So I’m not about just spending money. But I think we’ve got to do some things different especially that’s not going to cost us anything to at least get the ear of the people so they can say hey I’m with it or I’m not with it. And if they’re not with it then we got to go another route. So your verbiage wasn’t confusing so I want to get that straight. Mr. Mayor: And you can’t feed a fish a ham sandwich unless you catch them first. Commissioner Jackson then Commissioner Smith. Mr. Jackson: Thank you, Mr. Mayor. No, it’s crystal clear what the Sheriff wants and I think what we want but I think you know your constituents live and work and play downtown. So they deserve the security and the protection no matter of a buy in or not. This isn’t about getting a buy in it’s about getting our services to the downtown area that the Sheriff requested. They already pay taxes why pay more. We are responsible, supposed to be saving money. I know it’s 3% and it was 6% at the bid tax. My point of it is I support it I continue to support it but we don’t need to tax more just because they want it. This is a need that needs to be put in the budget year after year to expand it throughout this county. So the only motion that I was making was to task the Administrator to basically implement that plan and find the money without taxing additional people downtown. The people in District 8, 6, 5, 4, 2 and 1 come shop and play downtown. They’re going to feel safe, safer with cameras and extra deputies. It’s not about if we want it or not. I think we all agree on that. It’s, damn it quite taxing more because like Wayne said we’ve got the rain tax coming or the storm water fee coming which is going to be another hot topic. The issue of it is I was trying to get the Administrator to come up with the funds through capital outlay. I don’t care where he comes up with it and give the Sheriff what he needs to protect this county. Thank you, Mr. Mayor. Mr. Mayor: Commissioner Smith. 30 Mr. D. Smith: I’ll be brief. I go along with what Commissioner Jackson said (inaudible) but I do the folks out in my district are pleased. And I talked to some folks in other districts about what the Sheriff’s got planned. And I think if we do it, it’ll like they say do it and they’ll come because they’ll feel a lot safer and everything and the downtown businesses will see it and in that way it’s all about money. But I think we’ve always found money for other projects and I think we can find something to help get this going. Mr. Mayor: Thank you, sir. Mr. Mayor Pro Tem. Mr. Johnson: Thank you, Mr. Mayor. I just have a quick question. I guess Fred can answer this. In fact if we don’t get the buy in from the business owners or the property owners do we have an alternative to fund this program? You know and I think that’s what Commissioner Jackson is saying in spite of the buy in if that don’t work could we still fund it. We still want to create a safer attitude but you know I mean environment if you will for the people there but will that, will there be an alternative to fund it. Mr. Russell: We always have alternatives. We could either raise taxes overall to create a funding stream we could quit doing something else to create a funding stream or, you know, finding the money’s not, you know, it sounds real good to tell Fred to go find a couple million dollars. It’s not the easiest thing to do down the line there basically. Whatever you know at some point you’ve got to make a decision on what you’re going to do. And at this point you’re going to hear that it’s tougher and tougher and tougher in a very few minutes. So sure but it’s designed to do what you want and I think the Sheriff and I agree that there are certain things that we can pay for out of monies that are available. Mr. Johnson: Right. Mr. Russell: Enhance the level of police protection down here I think that should be based on what the individuals want unless you’re willing to say we’re going to do that by increasing the funding stream for everybody. And that you know that’s, that’s a little bit different question. Mr. Johnson: Well, just in my opinion I feel that we need to do something not just in that area but anywhere we have a high population of people at any given hour. But we need to be able to support some plan at some point regardless of what happens with those people downtown and what they decide to do. And I think that’s what he’s saying here so hopefully at some point we’ll still have an opportunity to see or do it if that doesn’t happen the way they say. Thank you, Mr. Mayor. Mr. Mayor: And, Sheriff, I’ll recognize you but I just wanted to echo something you said in the last meeting that this could be used as a template that could be deployed in other parts of the county. Sheriff Roundtree: Absolutely and that’s what’s so exciting about it if in fact I mean it’s what the people want. I mean I want to be clear because as we know sometimes the media has a tendency to spin this a different way. I don’t want to by no means say if this does not go through 31 it is not approved that their services downtown would be diminishing in any way at all. We’re tasked with making downtown safe and we’re going to continue that no matter how this goes forward or doesn’t go forward the bid (unintelligible) my officers are going to make downtown safe. We’re just trying to come up with a plan that we can enhance it to the highest level we can. That’s what I’m trying to do and we’re just trying to offer a lot of terms because I just want to be clear because I know how things get twisted. So again we’re just offering opportunities but I guarantee the citizens of Richmond County we’re going to do everything we can to make downtown and the rest of Richmond County safe. So I just wanted that to be clear for the record. Mr. Mayor: Thank you, Mr. Sheriff. I feel a little twisted myself right now but we have a substitute motion that’s been properly seconded. If there’s no further questions Commissioners will now vote by the substitute sign of voting. Mr. Johnson: What was the substitute motion? Mr. Guilfoyle: Read that motion, Madam Clerk. Mr. Mayor: The substitute motion was to approve the agenda item as submitted. Ms. Davis and Mr. Jackson vote No. Motion Passes 8-2. Mr. Mayor: And, Sheriff, I want to thank you for taking your time to be here tonight. I know you are an extraordinarily busy guy and we feel like you’re doing a great job. So thank you for taking time out to be here this evening. Sheriff Roundtree: Thank you all. Mr. Mayor: Madam Clerk, yes, sir. Mr. Russell: For the first in I don’t know in how many years we’re hosting the Sheriff’s Conference here in Augusta Georgia so we’ve got Sheriff’s from all across the state here. Our Sheriff has already lived up to his campaign promise of bringing more cops downtown. We have more cops downtown than we’ve ever had. We just want to continue that. Thank you. Mr. Mayor: Tell them to be safe and have a good time. Madam Clerk, I believe we’re on to the regular agenda. The Clerk: PLANNING 22. Z-13-34 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Demetre Riles, on behalf of Patricia and Tyrone Hodges, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1(H) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing .38 acres and is known as 4112 Foreman Way. Tax Map 194-0-167-00-0 DISTRICT 8 32 Mr. Mayor: Mr. Patty. Mr. Patty: Yes, sir, this is an application for a Family Personal Care Home which means they can house up to six individuals. In this case I believe the applicant’s present I believe those would be veterans. It’s a fairly large home four bedrooms three baths. We did have some objectors to it opposed to it because it might degrade the neighborhood and that sort of thing. And we, you know the house is in somewhat of a declining condition right now. This applicant’s assured us she’s done other projects in the area. She does a good job with them and I think the Planning Commissioners balanced it out and they felt that she should be approved and I recommend you approve it. Mr. Williams: So moved. Mr. Mayor: We have a motion. Is there a second? Mr. Mason: Second. Mr. Mayor: We have a motion that’s been properly seconded. Commissioner Guilfoyle. Mr. Guilfoyle: Yes, Mr. Patty, I have a grave concern. When this came up before us last year and a matter of fact we have an employee that lives in a subdivision similar to this, one way in one way out. We’re going to have six patients there and then we’re going to have two caretakers. We have a similar facility right there on Brown Road, right next to Hardy Davis’ church as a matter of fact. And that’s a patient care home and the problem I see as well as listening to the neighbors that I had to call code enforcement on is you’ve got all these patients, two caretakers, one trash can. What can we do to mandate or put something in the ordinance or because it is a problem, on ongoing problem. One trash can doesn’t work. Mr. Patty: I wasn’t aware of that but I can’t tell you we’ve got a big problem downtown with that. And the problem is and I speak with our Solid Waste Department that everything is oriented toward residential typical residential collection. And downtown that’s not what you have and that’s what we’re trying to make work down there. That’s got to get resolved. As far as this particular situation I’ve got to believe they can get an extra can out there. Mr. Guilfoyle: Well, you can obtain extra cans but if they decide not to opt out or opt to get another can they’re stuck with one with the trash sitting beside it. And with that neighborhood to be truthful when I seen it coming up I rode through the neighborhood to see there was not zoning sign. It was actually blowing down already and there was neighbor outside and I spoke to the gentleman. I wanted to hear their concerns. Mr. Patty: You do have some objectors. Like a said you’ve got a qualified applicant and if this gets approved we’ve got a 1200 foot space requirement for these types of facilities. So this would be the only one in that neighborhood if it gets approved. I don’t see the impact being that great. I mean you’ve got six clients probably none of them got cars. In like cases few people come to visit them. You know I just don’t, some of these we’ve got hundreds of these 33 things. The institutions have all emptied out, you don’t have Gracewood anymore, you don’t have Augusta Regional I mean this is going on daily with us. It’s a constant fight with my department because you’ve got illegal homes that are forming every day in rental homes. In this case these people have come forward. They’ve got a track record or running the things so you know we don’t have many problems with the ones that go the right correct route. It’s the ones that don’t we have trouble with. Mr. Guilfoyle: Okay, apparently it’s Ms. Rawls? Ms. Scott: My name is Patricia Scott and I would just like to say --- Mr. Mayor: Through the chair, please, sir. Mr. Guilfoyle: I’m sorry Mr. Mayor. Mr. Mayor: Okay. Now I was going to ask to hear from the applicant and hear from any of the opposition as well so. Yes, ma’am. Ms. Scott: My name is Patricia Scott and I believe what happened when we first put the sign out that it was going to, my name was on it. I’m identified with children because of Tender Sprout. But once the people that we here got an explanation that it was going be, me being a disabled vet and these were going to be disabled vets as well they were more, I think a lot of them just got up and left and some of them stayed and talked with me afterwards. So it’s not going to be children at all and I think that’s what they were really concerned about. We just want quality beautiful safe homes for disabled vets. And once we talked to them about that and I wished they had, if they had some concerns I wished they had met with us before the meeting and then we probably wouldn’t have had them at all. But it’s not going to be extra a whole lot of traffic and there will be no children from us walking in the area. And one of the things that they brought out was because the vets will be home most of the day will be also like another security blanket there. They can see who’s going in and who’s coming out. So we just want to some, it was brought to my attention you know me I’ve dealt with children here in this area for 23 years Tender Sprout. And I had an opportunity to go visit some veteran’s homes and my heart just bled because we need a lot more done for these people who have went out and fought and then to just give them just low rate they need the best and we want to give them just that. Mr. Mayor: Commissioner Guilfoyle still has the floor. Mr. Guilfoyle: Yes, thank you, Mr. Mayor. Ms. Scott, as far as my concern with George Patty as far as the waste that’s produced by the six patients as well as the two caretakers how do you handle this with your other facilities? Ms. Scott: With my daycare facilities? Mr. Guilfoyle: Your daycare you just have one pass in District 6 as far as a care take type facility. 34 Ms. Scott: Yes, anything that is extra we don’t put out. We either take it to the daycare or someplace else. We don’t, we just let the one can that’s there. We never have anything sitting outside. So I don’t think anyone could ever say we have a whole lot of trash at our locations. Mr. Guilfoyle: No, ma’am, that I wasn’t insinuating it was your place on Brown Road. Ms. Scott: I don’t have a place on Brown Road. Mr. Guilfoyle: Right that’s the reason why I was not insinuating just saying the person who does run that does fill up the trash can, does leave trash on the side of the road and it’s a problem with the surrounding neighbors. Ms. Scott: Well, that is that. I’ve had daycares before and I run a tough ship and I run a tight ship. And I do think, I don’t think that you cannot sort of say what’s happening at somebody else’s location will happen at mine. Mr. Guilfoyle: It’s still my concern. Thank you. Ms. Scott: I know. And we will keep that in mind. Mr. Mayor: Thank you. Commissioner Lockett then Commissioner Mason. Mr. Lockett: Thank you, Mr. Chairman. I just want to say thank you for what you’re doing, thank you for your service. I’m a disabled veteran so I know what it’s like and I want you to know I will support you all I can in this particular effort. Thank you. Mr. Mayor: Commissioner Mason and then we will hear from any opposition. Mr. Mason: Thank you, Mr. Mayor. Ms. Scott, I want to say thank you for the outstanding job that you’ve done in our community for decades. It’s quite clear through historical data that you’re daycare’s have been one of the best if not the best ran in this city. I know Andy Cheek was very supportive as well and he’s the one who made me aware of you as well as far as how you carry your businesses in the community. And I owe you a response to a letter in fact. The situation that we’re discussing here and I do appreciate your service as well and the service that you’re going to be rendering for those that have served this nation for us to even be able to sit up here and make these decisions. And having served for 20 years I know that can be a thankless spot sometimes. But we do need to look out for our brothers and sisters who have looked out for this nation. So I am supportive of that. I do want to look at the fact that I think I heard an adequate response that I’m satisfied with in terms of any particular waste. And certainly one should not associate somebody else’s business with another. That would not be appropriate in my opinion. But I think he asked a question that is important to him and the folks in his district. I think you’ve answered that adequately and so I’m satisfied in knowing that that we’re on the right track here and I’ll be very supportive of your efforts. Ms. Scott: Thank you, sir. 35 Mr. Mayor: Okay, thank you. And do we have somebody representing the objectors? Okay. Ms. Scott: Like I say they were here because they thought it was going to be a children’s facility. Mr. Mayor: Okay. Okay, we have a motion that’s been properly seconded to approve. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Motion Passes 10-0. Mr. Mayor: Madam Clerk, next agenda item please. The Clerk: PUBLIC SERVICES 24. Motion to ratify Commission action on February 19, 2013 to “provide Mobility Transit with a 90-day notice of intent to terminate the existing contract with Augusta, Georgia” and to task the Mayor with providing Mobility Transit notice of such ratification. Mr. Mayor: Commissioner Williams. Mr. Williams: Yes, sir, Mr. Mayor, I just need some understanding as to what are we doing, what will this do if it’s passed. I mean I thought all of this had been done. Maybe the Attorney can help me out of this shell. Mr. MacKenzie: Sure I’ll be happy to address that. Mr. Mayor: Mr. MacKenzie. Mr. MacKenzie: This would actually just be to have a further action that is consistent with the previous action was taken. The reason that this has been placed on there is there was an allegation in the legation which I don’t believe is correct. But there was an allegation that there was an open meetings act that violation with respect to putting that item on the agenda on that date and so this is an attempt to help our defenses in that case to insure that all the appropriate notices that was done to be reported to be on the regular agenda and for that to be ratified consistent with the action that was taken on February 19, 2013. Mr. Williams: Mr. Mayor, I don’t want to be tricked into voting for 90 days’ notice that we already gave the 90 days if the 90 days has been given. I’m just because here we are talking about loopholes. And I’ve learned from the best attorney’s in Augusta that you’ve got to be clear. You’ve got to make sure that you dot every ‘I’ and cross every ‘T’. So I’ve got no problem supporting this but that doesn’t do anything with the present situation that we’ve got now and it’s not going to change is what I’m saying. 36 Mr. Mayor: And just to clarify and I believe Andrew will clarify this. The clock is already ticking on that 90 days. Correct? Mr. MacKenzie: Yes, this does not have any impact to extend the duration of the contract what so ever. Mr. Mayor: Okay, can we get a motion on this? Mr. Fennoy: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now vote by the usual sign of voting. Mr. D. Smith and Mr. Guilfoyle vote No. Mr. Mason and Mr. Jackson out. Motion carries 6-2. Mr. Mayor: Okay, Madam Clerk, next agenda item please. The Clerk: PUBLIC SERVICES 25. Motion to approve the award of the RFP for Transit System Service and Support Services (RFP #13-125) to McDonald Transit for a period of three (3) years. Mr. Mayor: Do we have somebody to speak to this issue? Yes, ma’am. Ms. Dottery: Good afternoon Commissioners. I just wanted to say --- Mr. William: We can’t hear you, Sharon. Ms. Dottery: --- I’m sorry. Can you hear me now? Okay, I apologize. I just wanted to say we wanted to bring this back before you to ask for approval for McDonald Transit to operate the transit services. We have had the workshop, committees met and we all agreed that McDonald Transit would be the best service provider for Transit. So that’s all we’re asking your permission to have this (inaudible). Mr. Mayor: Thank you. Commissioner Williams. Mr. Williams: Thank you, Sharon. I just need to ask a couple of questions about not about McDonald but maybe about some of the other vendors who bidded. Now I’ve got some information that says that the bid was a million one lesser than what McDonald’s. And I’m trying to figure out how could they bid it a transit selection when they were that much more I guess in the bid process. How could they be selection one? 37 Ms. Dottery: The entire bid was not based on just cost. It also had to look at the service provider and what kind of service they could provide for Transit. Mr. Williams: Okay. Ms. Dottery: So we had to look at all areas. Mr. Williams: So it wasn’t just, I mean the million one didn’t play a big role in it then because I’ve been hearing the commission talk about saving money. And that’s the biggest thing that we’ve been going through up here. I mean we want good service we want a good provider. I can’t say who was second but the information I got that not only was a cost cheaper, a million one cheaper but the service was as equal if not better as far as the rating was concerned. Now I didn’t get all that information and this was come up last week and we talked about it. So I’m wondering why we didn’t, I didn’t get that the rest of us didn’t get that to say, so we can compare. We have to make a vote and the taxpayers which we have to talk about cameras and Sheriff and monies and the taxpayers look to us to make sure we have done the best job as far as saving money as we can. And provide the best service we can. But I just don’t see how that happened when the information I got said that this was either second or third and there wasn’t first. So I don’t know how the selection process got to that point but I just wanted to make that comment. I leave it at that, Mr. Mayor. Mr. Mayor: Okay, thank you, sir. Commissioner Lockett. Mr. Lockett: Thank you, Ms. Sherman. Ms. Dottery I know you indicated or eluded to the fact that McDonald came out pretty high in the ratings. Ms. Dottery: Yes, sir. Mr. Lockett: What were they compared with? Ms. Dottery: They were compared with the other vendors that also applied (inaudible) proposals. Mr. Lockett: Okay. So how many vendors were there that they were compared with? Ms. Dottery: It was a total of five. One was the compliance so we had a total of five vendors. Mr. Lockett: Okay, so they were the best out of four. Ms. Dottery: Yes, sir. Mr. Lockett: Is that good thing necessarily? Ms. Dottery: I believe it is. 38 Mr. Lockett: Okay. If, on August 1 will we be prepared to continue public transit service at the level that we have now with the current personnel that we have on board. Ms. Dottery: Yes, sir. Mr. Lockett: Do we have a plan in place? Ms. Dottery: Yes, sir, we do. Mr. Lockett: Why do we want to outsource this to a private vendor whose sole purpose is to make a profit? Why don’t we, we have the expertise in house why don’t we keep it in house for at least one year to get our expanded routes which we need to expand get that taken care of and after one year if the in-house people are not doing an outstanding job because I do believe they will do then I would be the first to stand up here and say let’s outsource it. But we’re always in a money crunch why not keep the money at home and operate the system ourselves? We’ve got to do better than what we’ve done the past two years even if we are sorry. Mr. Guilfoyle: Is this germane? Mr. Jackson: It’s not germane. Mr. Mayor: And, Commissioner, just, you know, that’s a tough load of questions for any one individual. Mr. Lockett: Well, they’ve got two of them up there now they can answer --- Mr. Mayor: Okay. Mr. Lockett: Any of them they want to. Ms. Allen: And I guess I can address that question about that Commissioner Lockett. It’s not necessarily that the committee is here to advocate either one or the other. Our duty that you guys set forth for us was to come back with the recommendation as it relates to (inaudible) RFP proposals. And we’ve just done what we were directed. It’s not that we have an interest as it relates to whether it should be privatized nor shall it be in house or what have you. I mean that’s where you guys make that decision. Our job was to do what you guys asked us to do and that was to submit the proposal. Mr. Lockett: Well, has there been any discussion thus far as to what the potential cost would be for adding routes or so forth is this company is brought in place or is this something that’s going to happen later? Ms. Allen: We have been in discussions with all of them as it relates to that. When they ask those questions during their presentation and each of those, we actually base the cost of the contract on the revenue hours. So that’s going to be depending on what routes that we add or 39 how the expansion is actually produced. So the cost could vary because it’s going to be based on a number of revenue hours. But that would be under the control of the commission because any of those changes would have to come before the commission for approval as it relates to those route changes. Mr. Lockett: Okay, this is for both of you. It is been stated that with the current vendor they’ve operated at a cheaper rate than --- Mr. Mayor: Commissioner Lockett, I’ll recognize you for another two. Mr. Lockett: Thank you. Did the current vendor operate our service for the past two years cheaper than it was done when it was in house? Ms. Dottery: No, they didn’t. Mr. Lockett: They did not. Thank you, Mr. Chairman. Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Thank you so much, Mr. Mayor. Mr. Dottery, as far as the, I don’t want to make the same mistake twice naturally and that’s when I was at the work session. So I did have questions and I’ve still got them. Now as far as the reference on McDonald besides me looking it up on the internet myself you did a verbal reference check on McDonald. Tell me about that, please. Ms. Dottery: I did a verbal reference check? Mr. Guilfoyle: How did you check the reference as far as qualification, service, efficiency? Ms. Dottery: I contacted different agencies, transit agencies --- Mr. Guilfoyle: Yes, ma’am. Ms. Dottery: --- that they had worked for --- Mr. Guilfoyle: Right. Ms. Dottery: --- and I got positive responses. I also got written. I spoke with each individual that I contacted and they gave me a positive reference on the phone and they I asked because my sole purpose was to get a written reference. And then I asked if they would submit a survey to me on the service that McDonald provided and they did so. Mr. Guilfoyle: Right. Thank you so much. Is Donna here? Donna, can I ask you a question? Mr. Mayor, do you mind? 40 Mr. Mayor: No, go ahead. Mr. Guilfoyle: For a point of clarification for a clear understanding the email that you had sent me as far as what came out of general fund. In 2009 which showed a $800,000, 2010 I’m sorry ten, 2011 was $1.6 million dollars. In 2012 was 1.5, seven or something like that. What do you recall? Ms. Williams: No, sir. If you’ve got those numbers in front of you, I mean I don’t recall them off the top of my head. Mr. Guilfoyle: Okay it just showed that 2012 did run cheaper than 2011. Ms. Williams: The amount that is transferred into Transit varies depending upon the grant reimbursement activity and the cost of running the service itself. Mr. Guilfoyle: Thank you, Ms. Donna. Mr. Mayor: Okay, Commissioner Williams. Mr. Williams: Yes, I just want to make it perfectly clear that Transit do not make money anywhere they are, now I’m talking about city transit now. Is that right? Okay, okay and I hear my colleague talking about how much money we spent. We’re going to spend more money because to provide a service that you ought to have for your taxpayers it’s going to cost you money. And until we can get the service up even if everybody was riding the bus we wouldn’t be making no money. So we need to scratch that. And what I don’t like about this I don’t anything about McDonald or this other new firm. But I don’t like the rush I don’t like the unclearness about who all bid it and how much was bidded. I need to see that elected official. I need to know who bidded what, what the score was and what their prices were because I got to make that decision. We already got a situation now with our health insurance because we didn’t do it the way it should be done. We voted and I say we because my part is before I got here but I’ll take the blame. And I’m not going to sit here today and vote on something that I don’t have all the information about. Now ya’ll may have had it Mr. Russell may have had it but you didn’t give it to me. And I’ve got to make the vote. So I can’t support this. We need to put the Plan B in place, Mr. Mayor, go on with it. Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. Hopefully I’m not repeating something that may have already been said if I have please let me know. Either one of you actually, whom ever can answer it appropriately. Under the RFP that was put out as you all know this commission has been making some discussion and determinations in terms of our transit service. Was, under this RFP was there any information within that solicitation or proposal as it related to extended operation, extended routes or anything of that nature which would seem to me would be the appropriate time to do that bringing in a new service. Was that done? Ms. Dottery: Yes, sir, it was. 41 Mr. Mason: We addressed the extended routes and uh, okay? Mr. Mayor: Okay. Mr. Mayor Pro Tem. Mr. Johnson: Thank you, Mr. Mayor. I think we’re probably not going to bet this passed today. But what I would like to offer as a motion to give them an opportunity to, I don’t know how much price plays a role in this and whether or not the price is negotiable to get the best bottom line price in this contract with the service that you all are requesting. But I would like to see at least it come back to the committee and that would be not this Monday but the following Monday. And in this motion I would like to also include that we authorize the Administrator to st take over operations August 1 and by that time we have gotten the information back from you all we can go ahead and make a decision to approve like Donna with all the technicalities being taken care of that we have concerns about up here because we’re working with limited time. We got about two weeks okay? Regardless of the circumstances whether we bring this, approve this today or tomorrow they can’t transition this in two weeks. It’s not going to happen. So I dooly believe that it gives the Commission time to continue to get, I mean I think McDonald’s is a pretty good company. I’ve done my research on them. I want to make sure we get the best bank for our buck. We all know that the Federal Government funded about 80% of Public Transit. The state funds about 10% we fund 10%. Let’s be clear. We don’t fund transit holistically so let’s make that clear for the record. It’s only 10% that this city funds and Commissioner Williams’ is right it’s not going make money. It don’t make money anywhere it never will but we can minimize the losses. So with that being said I’d like to put that in the form of a motion and hopefully we can get the ball rolling and you guys can do what you need to do, bring that back to us and we go ahead and make a decision at that time to move forward. Mr. Mayor: Do we have a second on that motion? Mr. Fennoy: Second. Mr. Mayor: Okay, we have a motion and a second. Commissioner Fennoy. Mr. Fennoy: If you know once again you know we have tasked the departments to do a job. And they done their job and come back with a recommendation. And we’re going to once again not necessarily go on the recommendation of the department that we tasked to do a job. Now again you know we’ve got to look at the process by which we do business. If we task departments to do a job and we’re not going to respond to it then there’s no need of tasking them to do that job. If we don’t have confidence in their ability to do the job then we need to find somebody that we do have confidence in their ability to do the job. But to continuously task departments to do a particular job and then when they come back with the results of their work and we don’t respond to it I don’t think we’re doing our job as Commissioners. Mr. Mayor: Thank you, Commissioner Fennoy. Commissioner Smith. Mr. D. Smith: Yes, sir, I offer a substitute motion that we approve the RFP for transit service and award it to McDonald Transit. 42 Mr. G. Smith: Second. Mr. Mayor: Okay, we have a substitute motion that’s been, Mr. Russell? Mr. Russell: I can offer verbiage to that to make sure that we’re okay. This would allow during the transition period (inaudible). Mr. D. Smith: No, sir, I don’t want that to happen. I want McDonald to take over. My motion is for McDonald to take over on the first. Mr. Mayor: Okay. Commissioner Williams, I’ve recognized you twice. I’ll give you one more minute. Mr. Williams: Yes, sir, Mr. Mayor, I appreciate that. I was just going to call for a roll call vote. Mr. Mayor: Okay. We have a substitute motion that’s been properly seconded. The Commissioners will now vote by the, well by the roll call form of voting on a substitute motion. Mr. Mason: Can we hear the substitute motion, Mr. Mayor, to make sure we’re clear. Mr. Mayor: Madam Clerk. Mr. D. Smith: It’s the same verbiage on number twenty-five. The Clerk: Yes, sir, it was to approve the award of the RFP to McDonald Transit. Mr. D. Smith: Exactly as it’s written on number 25. That was my substitute motion. Mr. Mayor: Okay. The Clerk: Ms. Davis. Ms. Davis: Yes. The Clerk: Mr. Fennoy. Mr. Fennoy: Yes. The Clerk: Mr. Guilfoyle. Mr. Guilfoyle: Yes. The Clerk: Mr. Jackson. 43 Mr. Jackson: Yes. The Clerk: Mr. Johnson. Mr. Johnson: No. The Clerk: Mr. Lockett. Mr. Lockett: No. The Clerk: Mr. Mason. Mr. Mason: No. The Clerk: Mr. Donnie Smith. Mr. D. Smith: Yes. The Clerk: Mr. Grady Smith. Mr. G. Smith: Yes. The Clerk: Mr. Williams. Mr. Williams: No. Ms. Davis, Mr. Fennoy, Mr. Guilfoyle, Mr. Jackson, Mr. D. Smith and Mr. G. Smith vote Yes. Mr. Johnson, Mr. Lockett, Mr. Mason and Mr. Williams vote No. Motion Passes 6-4. Mr. Mayor: Thank you, ma’am. Madam Clerk, next agenda item please. The Clerk: PUBLIC SERVICES 26. Update from the Administrator and Recreation Department regarding the th Commission’s June 10 tour of Riverwalk with a scope of work and timeline to be identified associated with completing the identified landscaping, lighting, and other structural items that need to be addressed and repaired. (Requested by Mayor Pro Tem Corey Johnson) (Referred from the June 18 Commission meeting) Mr. Mayor: Yes, sir. Mr. Levine: Okay, what I have up here I’ll go slide three and this refers to the things we, based on the walk through that we felt we needed to do. We’re wanting to trim the trees and 44 shrubs. The trees need to be raised up above six feet high and we’re going to try and prune them up to a level of twelve, minimally 12-feet high. The pruning all the shrubs down to a maximum height of three feet and probably to two feet, 2 ½ feet to allow as much visibility as possible. And improve the lighting to insure the current system is at peak efficiency, modify the current lighting system to address deficiencies and apply more light. And we’re going to increase positive actively down at the Riverwalk. Mr. Mayor: As soon as we get it out from under water. Mr. Levine: As soon as we get it out from under water. Right now it’s a great place to have a kayaking crew around. The trees, this is a the most expensive that this would cost. We’re still investigating ways to get this done and we’re working with Traffic Engineering to see if we can piggyback their bid to get this done less, for less money. But we have to remove 30 hazard trees and then dead wood or raze 300 hundred trees in order to open up the area and get the lighting system to be able to service the area the best it can. We’re also going to be pruning the all the shrubs in house and with prison crews. The shrubs and grasses should be done by mid- August and the azaleas we’re going to wait until after April so they can bloom for the golf tournament and we’ll be pruning them after that. The Tree Program. We hope to have the tree st pruning we hope to have done by December 1 of this year. Improving the lighting to insure the current systems at peak efficiency. Right now Traffic Engineering is in the process of cleaning, repairing and re-lamping all the upper and lower Riverwalk lights and side streets and marina decorative fixtures. There’s 352 of them. They’re in the process of doing that right now and of course the water level it may impact their completion date but we hope to have that done by st September 1. We’re also, they’re also going to be investigating a way to energize the lights at Fort Discovery which are on a private circuit and we need to take that circuit over. We hope to st have that done be December 1 also. What you have before you here is a second phase proposal which is in a process of, it’s a work in progress. We’re not sure how much of this is going to need to be done. The work that’ll need to be done is based on the effect of the cleaning and re- lamping has and the raising of the trees. If we get adequate lighting from that we may just need to do certain sections. But the idea is to switch over to LED lighting which will give us the option of increasing the number of lights so we’ll be able to fill in lighting in the areas that are dimly lit and also we’ll be able to cut energy costs by 50% which would be a $30,000 dollar a year savings. Traffic Engineering additionally after viewing the current system working at peak efficiency and the effect of the tree pruning has is going to assess whether or not we need to add lights and that’ll be done by mid-year or next year. Increasing positive activity is another important thing for us to do. As you can see from this picture it was taken before the water raised up but we do have plans to try to increase the activity down there, bring down family oriented events, new groups musical groups, jugglers, street entertainers, local talent concerts or special events group and Parks and Recreation is going to be working with the Convention and Visitors Bureau the Downtown District and Georgia, I mean, pardon me Greater Augusta Sports Council to try to bring more activity down to that area. We think that’ll be a big plus. Commissioner Johnson had asked us to look into low hanging fruit and that’s generally speaking the easier stuff to get done. Recreation and Parks and Facilities has been working hard to improve all the lighting, if you get all the lighting working the low level lighting that’s the st bollards and the walls the stuff that’s behind the benches that will be done by August 1. There’s some rusted out rubbish barrels that just look bad that are going to be replaced by 45 st August 1. Drinking fountains are already operational. We’ve identified $20,000 dollars in SPLOST money that can be used for the Riverwalk and we’ll be using that to buy materials and doing the work in-house and with --- Mr. Johnson: Mr. Mayor? Mr. Mayor: Yes, sir, Mr. Mayor Pro Tem. Mr. Johnson: Mr. Levine, I hate to interrupt you but I do appreciate this general blue print of how you plan to tackle it. But for the sake of time I know everybody’s been here If you could provide us with a copy of that and then we’ll just receive it as waiting. information today that would be great. And if we have any questions we can do to put it back on committee to have questions answered at that time. But I do appreciate it. I know we’re supposed to originally do this in committee. I was absent so I know it was forwarded it to Commission so just in the essence of time you know if we could do that that’d be great Mr. Mayor. Ms. Davis: Second. Mr. Mayor: Okay, thank you, sir. And thank you for the detailed work and look forward to going through this. This is awesome. We have a motion to receive as information and a second. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Mr. Levine, you talk about the Jesse Norman Amphitheater. Commissioner Williams brought it to our attention I think last week that the place is out of ADA Compliance. Is there anything on the drawing board to make that happen? Mr. Levine: There’s nothing that we’ve done right now but we can look at that. Mr. Lockett: All right, thank you. Thank you, Mr. Chairman. Mr. Mayor: We have a motion that’s been properly seconded. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Mason out. Motion Passes 9-0. Mr. Mayor: Madam Clerk, next agenda item please. The Clerk: ADMINISTRATIVE SERVICES 29. Receive ruling from the General Counsel regarding the matter of the EEO Director’s Position/EEO/DBE Coordinators positions. (Requested by Commissioner Marion Williams) 46 Mr. Mayor: Commissioner Williams. Mr. Williams: Yes sir, Mr. Mayor. That’s not the agenda item. The agenda item was supposed to have been for him to rule on the information that I gave him in his hand the documents that stated director, not just to rule on that. So the information I gave him I want him to look at and make a determination from the city’s documents that’s, it wasn’t something that somebody picked up that we had here that says director. And one out of the five or six pieces of material said that one said coordinator. I need to know from a legal opinion from his side as to the documents. Now whether they were falsified whether they were buried in 1921 I don’t know about that. But the document states that they are legal documents that was advertised meant for the job. The people applied for the job and even the people who did not get the job said that they were submitting their application and resume for director’s position. So I want to know from him what was the job? What were we advertising for? Regardless of what we got what did that state. That’s all I need. Mr. Mayor: Okay. Mr. Williams: I don’t need no input on the legal nothing else just I need input on that. Mr. Mayor: What did the advertisement say? Mr. Williams: What I gave him some documents that stated that Mrs. Humphries applied and was selected. You broke the tie. Mr. Mason brought a point up saying we don’t vote on coordinators anyway. That’s a moot subject there we don’t even do that. But we voted on her as the job application said and advertisement that went to the Augusta Chronicle says director. Three other people who applied for the job who didn’t get the job applied a director’s job and then Mrs. Humphries ended up with the job. So I need to know the legal mind as to what those documents said. That’s all I want. Mr. Mayor: Okay. Mr. MacKenzie. Mr. MacKenzie: Sure. First I’ll just say obviously if you’re asking for a legal opinion that’s something that is subject to the attorney/client privilege and that’s an option for you all to receive either a legal opinion on that’s not subject to public disclosure. Or it’s something we can talk about in a legal, closed legal meeting. If you would like to waive the attorney/client privilege as a body you have the option to do that. I am prepared to answer these questions but I just wanted you to be aware of that issue. Mr. Williams: Okay, since we are the client and he is the attorney, Mr. Mayor --- Mr. Mayor: Commissioner Williams for two more minutes. Mr. Williams: --- since he’s the attorney and we are the client I mean I’m waiving whatever privilege. I need to know from those documents. I don’t need his expertise as a lawyer. I need to know from looking at the evidence that he had in his hand what did that says 47 not what he what it ought to say or might say from what those documents say. And that’s what I’m going by. Mr. Mayor: Mr. MacKenzie. Mr. MacKenzie: By is it the will of this body to waive the attorney/client privilege for me to provide this information. Mr. Mayor: All right do we need an affirmative vote on the record? Mr. MacKenzie: I would prefer that if that’s what you’re willing to do. Mr. Mayor: Can I get a motion to waive the attorney/client privilege? Mr. Williams: So moved. Mr. Grady Smith: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Mr. Guilfoyle votes No. Motion Passes 9-1. Mr. MacKenzie: Just going to move over here so that I can actually put up some of the relevant documents to make sure we’re all clear on what the documents say. I believe the initial document that Commissioner Williams is referencing is a document from the HR Department that relates to a time in which there was a previous person in the position of EO Coordinator whose name Diana Darris who resigned from her employment and I’m going to put that document on the overhead. And it does mention the word EEO Director for her, for the vacancy that was being shown as left. I’ll just put it on the overhead. And if you take a look at this document you can see at the top it does say Vacancy for the Position of EEO Director. It shows the salary and position that was vacated and it shows a box for authorization to replace that position. The day on that as you know is 6-15-2009. Based on my review of all of the relevant records with regard to this I first went back and looked to see what position was Diana Darris in to see if the document had the EEO Director was in any way accurate. Mr. Williams: Mr. Andrew, can I stop you just for a minute? I gave you several pieces. You only show one. So can you show those other documents as well. I need to see all of that then you can give my your opinion. I don’t, you can go back to wherever you want to go back but I need to get a ruling on those several pieces of documents that I gave you in your hand to make a ruling on. Just what you got in your hand. I need to see what those said. Now one you just said, said Director. Three or four others say Director and one may say Coordinator but hadn’t shown that. And I need you to look at that and make your assumption from that if that’s what a lawyer does. Now I don’t know I’m not in that field but I don’t need you to go down the 48 road. I need you to just stick with that and then from that tell me what your decision is as related to that job. Mr. MacKenzie: Yes sir. This is another document from the HR Department that indicates what the position was that Diana Darris was hired into. And as you can see it clearly indicates at the top Equal Employment Opportunity Coordinator and it’s one of the documents reviewed. Also attached is an October 5, 2009 letter. This is a letter from the Human Resources Department relayed to Ms. Humphries related to this position. It say it references the position of Equal Employment Opportunity Coordinator. Here’s another document from the Human Resources Department that is essentially an offer letter from the Human Resources Department laying out the salary for that position and it also clearly indicates that the position was an Equal Employment Opportunity Coordinator as you’ve seen in the first paragraph. This document was signed by Moses McCauley who was the then Employment Manager. It was also signed by the employee Jacqueline Humphrey at the bottom November 5, 2009. Mr. Williams: Mr. Andrew, are those the documents I gave you or are those some documents you went back and pulled from the file? I gave you three or four documents and the only one of them that I gave you stated that it wasn’t anything to do with a coordinator. The other three or four all said even the job description the job application that I say job, job advertisement that went out all of those says director. Even the list of the people who applied for those jobs was on there and all of those said director. Now the document I just saw was not the document I gave you. There may be a copy of it maybe some of it but it wasn’t the document I gave you. So I need you to look at the document I handed to you at the last committee meeting and asked you to make a decision on those documents. Mr. Mayor: Okay, Commissioner Williams, I’ve recognized you twice so I’ll give you one more minute after he --- Mr. Williams: I save that one, Mr. Mayor, we’ll need it later, I know. Mr. Mayor: And let’s just cut to the chase. I think what we’re looking for is a legal opinion on what the position is. I mean --- Mr. MacKenzie: I was attempting to arrive at some of the basis for the opinion. I’d be happy to provide the opinion. The information I was going to show but for the brevity of time I’m sure you’re all aware of that anyway is the commission minutes from the approval by the commission of the position. And the approval by the commission clearly indicated that it was an EEO Coordinator position. One of the other documents referenced by Commissioner Williams was the job posting that was attached to some of the resumes of the applicants for the position. It did indicate EEO Director in the job posting and there was some other documents from HR Department that did indicate the title of EEO Director. However it is my opinion based on the Consolidation Act that there is no EEO Director position that’s ever been authorized by the Augusta Georgia Commission. The Consolidation Act mentions one position that is a director that’s over two primary functions the EEO function as well as the DBE function. It’s my understanding that position’s been vacant for quite some time. The Commission at a previous point in time and I believe it was 2004 authorized the filling of the coordinator positions to fill 49 those two roles. Based on all the information I’ve reviewed from the file and all of the records from the HR Department as well as the information provided by Commissioner Williams it is my opinion that Jacqueline Humphrey was hired as an EEO Coordinator by the Augusta Georgia Commission and that the title of EEO Director does not currently exist in the IFAS system or is not a position that has been approved officially by this government. Mr. Mayor: Okay. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Mr. MacKenzie, EEO Subcommittee Minutes dated May 6, 2003 and I think the HR Director at that time I don’t want to mispronounce her name Pelaez --- Mr. Mason: Brenda Pelaez. Mr. Lockett: --- this is in reference to what we’re talking about. She said that our scope of work was to review what other entities have in comparison to EEO Director’s position and what salaries are paid in other areas. We found that there was not another position like this anywhere else because it is not the norm to combine these two types of duties with both EEO and DBE in there together. I think we should discuss the delineation of the duties and if we want to keep it like that we need to realize that we can’t compare it to any other entity. You ought to set the salary grade and leave it as it is or delineate the two positions and set the salary grades for two different positions. You have to decide what you want this person to do and whether you want to split it up into two positions. So basically what they’re saying is the position that you all are talking about and the position that’s listed in the charter is a none-existing position as far as Human Resources is concerned. So think it’s a matter of semantics because if you find whether Ms. Humphrey is a Director or a Coordinator she is still charged with performing those duties that is referred to as EEO Director in the Charter. So I think it’s just the matter of semantics --- Mr. Mayor: Okay, I’ll give you another two minutes. Mr. Lockett: Thank you, sir. And I don’t know, I do have a pretty good idea of why this whole thing was brought about. But I really think we have more important things that we should be doing then trying to ascertain what one name means as opposed to another. And I would like to reserve my last two minutes, Mr. Mayor. Mr. Mayor: You can’t reserve them. Let me, okay you’ve got a minute and forty-four seconds. No, I, come on man. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. I’m sure exactly what we’re trying to do here but if it’s uh, it’s an easy fix as far as I’m concerned if that be the case. When you mentioned that the Charter when it talked about those duel positions or something of that nature actually being a dual role but one position. Nothing stops this body from changing the Charter because it reflected two positions that we currently have and that ends that. That’s a done deal. So I’m not sure why we’re, that wouldn’t require you to hire another person it wouldn’t be any additional monies on this government. Everybody’s always talking about saving money and what not. We change the Charter to reflect what we have and we keep moving. 50 Mr. G. Smith: Second. Mr. Mayor: That would be the easiest thing to do. Mr. Johnson: Is that the motion? Mr. Mason: Actually it is. Mr. Johnson: Well, you seconded it, Grady? Mr. G. Smith: Yeah. Mr. Mayor: We have a motion that been properly seconded. Commissioner Fennoy had his hand up first and then I’ll come back to Commissioner Smith. Mr. Fennoy: Yes, and I just wanted, is the HR Director still here? Yes, are you familiar with the discrepancy that lies in the job titles? Ms. Bryant: I am familiar with the discrepancies in the different paperwork. Mr. Fennoy: Okay and when you came in did you see these two positions as being coordinators or directors? Ms. Bryant: Well, when I came in I taking a look at what I see was in IFAS or what’s signed I see it as a coordinator. Mr. Fennoy: Okay. Well, from the job are you familiar with the job description of as director for those two positions? Ms. Bryant: Yes, sir. Mr. Fennoy: Is there much difference between the job descriptions as directors and the job description as coordinators for those two positions? Ms. Bryant: There are currently two job descriptions. One that I’ve seen says director and those duties are very different than the other description that has a coordinator. So there are two very different job descriptions at this time. Mr. Fennoy: Okay, if we were to consider both as directors would those positions have to go back out for advertisement or could we more or less grandfather them in? As far as you know and if you don’t know, you don’t have to make a commitment. Mr. Bryant: I’d rather reserve making a commitment on that. Mr. Fennoy: Okay, all right. Okay. 51 Ms. Bryant: There’s some other things that need to be looked at. Mr. Fennoy: Okay, all right that’s all I need to know. Thank you. Mr. Mayor: Okay. Commissioner Smith and then Commissioner Williams I’ll get you for that one last minute. Mr. D. Smith: Yes, sir, I have a substitute motion since we’re going to talk about changing job descriptions and stuff. My substitute motion is that Geri Sams be named the Interim Director --- Mr. Mason: Of what? Mr. D. Smith: --- DBE Director. I’m sorry, not DBE --- Mr. Mayor: What would be the position that’s --- Mr. D. Smith: The position that we’re discussing, that we’re arguing about here. Mr. Mayor: Mr. MacKenzie, for the point of clarification. Mr. MacKenzie: That would be the person to serve as Equal Employment Opportunity Director and as Director of Minority and Small Business Opportunities. Mr. D. Smith: That would be my, that Geri Sams be made the interim to follow that job description. Mr. Williams: Can’t happen, Mr. Mayor, but --- Mr. Mayor: We have a substitute motion that’s been properly seconded. Now I’ll get Commissioner Williams for his one minute. Mr. Williams: It can’t happen, Mr. Mayor. The EEO Director does not answer to the Administrator or anybody else. So we can’t put Geri Sams or no other employee that’s working under somebody who’s going to have to maybe even address that person that they’re working for. So that can’t happen. That’s another dog that won’t hunt. Mr. D. Smith: But we got to take a vote. Mr. Williams: Well, we can vote but that’s not possible. But I’ve got the documents in my hand, Mr. Mayor, that even three other employees not employees three other suspected employees who applied for the Director’s position all in this document I gave to the Attorney which he did not use which he did not make an opinion on. Now you’re going to tell me that we used this document to hire and have people to apply for the job who did not get the job and 52 you’re going to say now that that’s not the job? You’re talking about a law suit and I’m going to direct them on which door to knock on to get inside because this is crazy. Mr. Mayor: Okay. Mr. Williams: I’ve got three documents here and I don’t want to call their names of the people who applied for a director’s position who did not get --- Mr. Mayor: Commissioner Williams that, I’ve got you for the first two and then --- Mr. Williams: I understand Mr. Mayor. Mr. Mayor: --- okay. And I understand, understand but we have a substitute motion that’s been properly seconded. Madam Clerk, could you read that back for clarity if there is such a thing right now. The Clerk: Yes, sir, to name Ms. Geri Sams as the interim director. Mr. D. Smith: Correct. Mr. Lockett: Point of personal privilege, Mr. Chairman. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Mr. Chairman, I do believe and I’d like my friend Commissioner Williams, I’m not a lawyer but I think this motion is a complete violation of the law. Mr. Mason: It is, you can’t do that. Mr. Lockett: And I would like for the general counsel to let me know if I’m right or wrong. Mr. Mayor: Okay and Mr. MacKenzie. Mr. MacKenzie: Well, here’s what I’ll say with respect to this motion. Currently the position that Ms. Sams’ holds is Director of the Procurement Department. The chain of command in that position would be to report to the Administrator. If she was I guess asked to take on the role of the position as identified in the Charter then she would become a direct report to the Commission. Mr. Mayor: In that position. Mr. MacKenzie: In that position. It’s not clear from the motion whether or not that would mean that she would also then be vacating the office of Director of Procurement Department. If that was the case then that position would just become vacant as she would be 53 given the interim appointment as the director. So there would need to be some clarity on that issue. Mr. Lockett: Mr. Mayor, the other point if I may, please, sir. Mr. Mayor: And please very quickly. Commissioner Lockett, you have a few seconds. Mr. Lockett: Well, this is very important. Mr. Mayor: I know that. I try to run it by the book so. Mr. Lockett: Yes. Mr. MacKenzie --- Mr. MacKenzie: Yes, sir. Mr. Lockett: --- as I indicated earlier on there is no such position as listed in the Charter. Those wise commissioners that were on before us indicated that. There is no one position that’s in existence anywhere that’s listed in the Charter. This is why you had two attorneys, one was Commissioner Shepherd the other was --- Mr. Mayor: Okay. Mr. Lockett: --- you said I had a minute and forty seconds. Mr. Mayor: No, sir, I said you had a minute and the minute is up. I’m just going to I’m going to say this is the type of quick decision you know that does sort of hamstring us at times. You’ve got a department director that hasn’t been spoken to about accepting more work related duties. I just don’t want to you know and I understand what Commissioner Smith is trying to do but I don’t want to create more issues than we have. But anyways we do have a, okay Commissioner Jackson and then --- Mr. Jackson: Thank you. HR lady, I’m not sure of your name, I’m sorry. Mr. Lockett: Introduce yourself. Mr. Jackson: Tameka, I’m sorry. No not Tameka. Mr. Mayor: Tanika. Mr. Jackson: Tanika. Sorry. Under the current Policy and Procedures Manual I think its page 110 or 111 it’s an SES Employee. And I believe it’s pay grade 61/62. What is that description? Can you put it on the overhead, please? I think it’s page 110 or 111. Okay, my question being is Mr. Lockett keeps referring back several years ago and under the new Policies and Procedures I believe it’s an SES Employee and it says Director. So I’m just for clarification, are we ruling on old news or new news, I guess, or this right here? Not a ruling but a point of clarification. 54 Ms. Bryant: I’m sorry, I didn’t understand your question. Mr. Jackson: I’m just, Commissioner Lockett keeps going back several years ago about the ruling for the forefathers but under our new Policy and Procedure Manual they are and that person is a SES Employee that answers to the that tier of people, correct? Ms. Bryant: Yes, that’s correct. Mr. Jackson: All right, thank you. Mr. Mayor: Okay, we have a substitute motion that’s been made and properly seconded. If there is no further discussion Commissioners will now vote by --- Mr. Lockett: Roll call. Mr. Mayor: I’m sorry, Mr. MacKenzie, I was in the middle of calling for the motion, Mr. Lockett, so we will if you had gotten to it a little earlier but Commissioners will now vote by the substitute sign of voting. Mr. Fennoy: What is the substitute motion? Mr. Mayor: The substitute motion is to make Ms. Sams the interim. Mr. MacKenzie, what is the exact name of the position. Mr. MacKenzie: For the Equal Employment Opportunity Director and Director of DBE. Mr. Mason: At what salary, Mr. Mayor. Those are the information that I need to know before I (inaudible). Mr. Mayor: The motion has been called for, Mr. Mason, and I --- Mr. Mason: Clarification, I can’t get clarification? Mr. Mayor: The motion has been made and properly called for. We will vote on the motion. Commissioners will now vote by the substitute sign. Ms. Davis, Mr. Jackson, Mr. D. Smith, Mr. Guilfoyle vote Yes. Mr. Fennoy, Mr. Johnson, Mr. Mason, Mr. Lockett, Mr. Williams and Mr. G. Smith vote No. Motion Fails 4-6. Mr. Mayor: And, Madam Clerk, we have a primary motion on the floor that’s been properly seconded but could you just, Mr. MacKenzie. Mr. MacKenzie: Point of Clarification on the primary motion to amend the Consolidation Act has a very specific legal procedure. I would ask that this action be amended 55 to task us with putting together the appropriate amendment which has to be read within, has to be presented in writing and then has to be read and also published within a certain time frame and we could bring that back to you. Mr. Mayor: Would the maker of the motion --- Mr. Mason: Absolutely. Mr. Mayor: --- amend the motion: Okay. Thank you. So the motion has been amended to reflect that. Mr. Williams: Hold on, Mr. Mayor. I need to know, first I need to know what the motion is and --- Mr. Mayor: We’ll have them, if you, Madam Clerk? The Clerk: That is to task the Attorney with getting the proper amendment to satisfy the legal regulations. Mr. Mayor: Of --- The Clerk: I hope I’m saying that right. I’m sorry. Mr. Mayor: --- and your motion was, Mr. Mason? Mr. Mason: My motion was the two positions that we’re questioning now that’s been going on for I don’t know how many years at this point is to just simply change the Charter to reflect our current setup in the positions that they’re in and we continue to move forward. Mr. D. Smith: Which are coordinators? That’s the current setup. Is that what your motion is? Mr. Mason: That is not the current setup. Mr. D. Smith: I think that, you’re not clear by that. Mr. Mason: Well, let me clarify it directors. So that’s my motion. Mr. Mayor: Okay, to amend the Charter to reflect the two current positions as Directors and to direct the Attorney to bring forth a Charter amendment in the proper fashion that we can go by. And I’m sorry --- Mr. Mason: necessary --- Mr. Mayor: --- and necessary --- 56 Mr. Williams: And add to director. Now we got --- Mr. Mason: No, no, no, no, no. I think in their current position is what I’ve stated. Mr. Mayor: And, gentlemen, we have discussed this. I’ve recognized everybody. But just for because I do believe in everybody knowing what they’re voting on but is to direct the Attorney to bring back in the proper legal fashion a Charter Amendment that would reflect making those two positions that he is currently stated in his legal opinion are coordinators moving them to director status. Correct? Mr. Williams: You can’t move them, I mean --- Mr. Mayor: I’m just and gentlemen the positions, exactly to the two positions to make those two positions --- Mr. Williams: We’re ending up with the same thing we’ve got, Mr. Mayor, and I’m not clear about it. Mr. Mayor: Well, I’m not clear but we have a motion that’s been properly seconded and I’ve recognized everybody as much as I’m going to recognize them but, --- Mr. Mason: Mr. Mayor --- Mr. Mayor: --- we have rules of Parliamentary Procedure that, you know, we ask our staff to adhere to the rules and I’m just, so the motion has been made and properly seconded and Commissioners will now vote by the usual sign of voting. Mr. Fennoy, Mr. Johnson, Mr. Mason, Mr. Lockett vote Yes. Ms. Davis, Mr. Jackson, Mr. D. Smith, Mr. Guilfoyle and Mr. G. Smith for Yes. Mr. Williams abstains. Motion Fails 4-5-1. Mr. Mayor: Yes, sir. Mr. Russell. Mr. Russell: Mr. Mayor, if it’s the will of the Chair could you call item 37 which is the mill rate and 35 which is the audit report, sir. Mr. Mayor: I will do that. I’ll call 37 first and then 35 and then I would respectfully request that the body look over any other agenda items that might be potentially referred back to committee for discussion. Item 37, Madam Clerk. The Clerk: FINANCE 57 37. Discuss and approve 2013 Mill Rates by Taxing District, publish required Current Digest with 5 year history of Levy, and advertise time, location and date the mill rates will be adopted. Mr. Russell: Mr. Mayor, if I may we’ve received the information --- Mr. Mayor: Mr. Russell. Mr. Russell: --- necessary from both the Tax Commissioner and our Tax Assessor. Donna will be able to explain the time frame that we’re working on. It is fairly tight at this particular point in time but we did want to get this in front of you today. What we are going to recommend is a, well, I’ll let Donna get to that point but Donna go ahead. Ms. Williams: The State of Georgia is very specific (inaudible) millage rate. The first thing that happens is that the Commission gets to get the, the Commission sets a proposed millage rate based on the specific calculations of receiving the Digest and what is known as the rollback. Most of you are familiar with that. The time frame starts when the Commission sets a proposed millage rate. At that time the Commission has to not only set the proposed rates that will be going out on the tax bills but they have to set the time frame for adopting those rates within the constraints that the State of Georgia gives you. If those rates those proposed rates are adopted then a legal advertisement has to appear in the newspaper that not only states those rates the five year history but also tell the citizens when those rates are scheduled to be permanently adopted so that they can go on the tax bills. That date can be no sooner than two weeks after the date that that advertisement appears in the newspaper. Because of the scheduling the if those proposed rates were set today by this body the soonest that that advertisement can appear in the nd newspaper would be this Friday which would two weeks from that would be August the 2 that the mill rates could be permanently adopted. Now as you know that’s on a Friday and there is no scheduled meeting that day. So you would need to decide if you wanted a Called Meeting or you th wanted to wait after that to the first scheduled meeting which is August the 6. That’s about the second thing that needs to happen. The first thing you should consider are the rates that are on the schedule that is The Patch. If you will look at that schedule Mr. Ross and his staff and have prepared the Digest for you. You drop the Digest and the rates from the last year into a formula that the state gives which is fairly complicated and looks like this. But it gives you what is known as the rollback rate. Those rates are listed on the schedule that you have. The rollback rates are a tiny bit less than the rates from last year and as you can see also less than those in 2011. What we are recommending is that you set the rollback rate as the tentative mill rates to be levied into 2013. This will yield you approximately the same amount of taxes that were adopted in the 2013 budget. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Ms. Williams, would this be considered a tax cut? Ms. Williams: Yes, sir, it is. 58 Mr. Lockett: I see the media is still here. That is definitely a tax cut. Is that correct? Ms. Williams: Yes, sir. Mr. Lockett: Thank you. Mr. Mayor: Would you like to move for approval on that? Mr. Lockett: So moved. Mr. D. Smith: Second. Mr. Russell: We need to have as part of that a selection --- Ms. Williams: Selection of a date. Mr. Russell: --- of a date and I would suggest we have it at the meeting on August the --- Ms. Williams: Sixth. Mr. Russell: --- the sixth if you could include that, please, sir. Mr. Lockett: I move that it be approved with the dates that established in the list here. th Mr. Mayor: With August 6. th Mr. Lockett: August 6. Mr. Mayor: We have a motion that’s been properly seconded. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Mason out. Motion Passes 9-0. Mr. D. Smith: To the Finance staff, Fred, thank you. Thank you, Donna. Mr. Russell: For the record Mr. Mason is not in. Mr. Lockett: He should’ve been here. Mr. Mayor: Okay. And before we go to 35 were there any other agenda items you guys feel like could be moved forwarded on to committee? Mr. Lockett: I don’t even know what we’ve got left. Mr. Johnson: Thirty-three needs to probably, I guess. We don’t need that no more. 59 Mr. Williams: Thirty-one and thirty-two, Mr. Mayor. Mr. D. Smith: Thirty-three we could get rid of. ADMINISTRATIVE SERVICES 31. Consider for approval presentation by Mr. Ellis Albright of the CSRA Business League regarding minority, women and disadvantaged businesses. 32. Discuss evaluation process for Commission’s direct reports. Mr. Mayor: Okay. 31 and 32 can I get a motion to forward those back to committee? Mr. Lockett: So moved. Mr. Mayor: Do we have a second? Mr. Johnson: Second. Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now vote by the usual sign. Mr. Fennoy votes No. Mr. Mason out. Motion Passes 8-1. Mr. Smith: We can get rid of 33 altogether. That’s null and void since we passed the Transit Contract. ADMINISTRATIVE SERVICES 33. Motion to approve an ordinance to amend Section 500.115 of the Personnel Policies and Procedures Manual regarding reemployment of Augusta, GA retirees; to repeal all code sections and ordinances in conflict herewith; to provide an effective date; and to waive second reading. Mr. Mayor: And number 33 since the Transit Contract was approved, can we get a motion to remove --- Mr. D. Smith: So moved. Mr. Mayor: --- to delete agenda item 33? Mr. D. Smith: I make a motion we eliminate number 33? Mr. Lockett: Second. 60 Mr. Mayor: We have a motion that’s been properly seconded. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Mason out. Motion Passes 9-0. ADMINISTRATIVE SERVICES 30. Discuss Commissioner’s authorized directives. (Requested by Commissioner Marion Williams) Mr. Mayor: Okay, Commissioner Williams said he’s okay with a motion to refer item 30 back to committee. Can we get a motion to that effect? Ms. Davis: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now vote by the usual sign. Mr. Mason out. Motion Passes 9-1. Mr. Mayor: Okay. Okay, now on to item number 35. The Clerk: FINANCE 35. Receive as information the results of the 2012 financial audit. Mr. Russell: Mr. Mayor, members of the Commission --- Mr. Mayor: Mr. Russell. Mr. Russell: --- David Irwin’s with us today. He’s representing our auditor. They completed the audit and would like to present you the report that they have. You’re getting copies of that as we speak. He will speak to that at some length shortly hopefully and then we’ll have the opportunity for questions if you like. Mr. Williams: Why did we get this at this time to look at, Mr. Mayor? Mr. Mayor: Okay, sir? Okay, go ahead, please, sir. Mr. Speaker: Well, good evening, Ladies and Gentlemen. My name is Davis Irwin. I’m with Mauldin Jenkins. I was the manager who oversaw this year’s audit of the government’s 2012 financial statements. Miller Edwards was the coordinator in charge of the engagement but 61 unfortunately he could not make it here tonight however I appreciate the opportunity to be here with you all to discuss the results of the audit. I’m happy to say that we’re issuing a clean, un- bonified opinion on this year’s audit. What that means for financial statement purposes the financial statements are considered to be fairly presented an all material specs in accordance with generally accepted county principals. With respect to our audit of the Governments Federal Award Programs for which you all had $11 million dollars of federal expenditures this year our clean opinion means that you all complied in all material respects with requirements that could have a direct and materially affect on each of your major federal programs. I passed out something we call our Audit Agenda and this basically just a summary of what I’ll be discussing with you here this evening. I’d like to add at this year’s audit went extremely well. The 2011 audit was our first year audit of you all and we have seven findings in 2011 all of which were material weaknesses and two which were prior year adjustments. This year we had one finding. So be able to reduce the audit findings from seven a year ago to one this year is really testament to the quality of work of Donna, Tim and their Finance staff have done and I just want to commend them for their effort. Tim and Donna are very receptive to any suggestions we may and they’re always striving look for ways to improve and you know as an auditor that’s refreshing to see. We don’t necessarily see that everywhere we go. So we’ve enjoyed working with them. Now for a brief overview of the Financial Statements. Preceding the financial statements themselves and the report is something called a Management Discussion Analysis otherwise known as a MD&A. If you read only one section of the financial statements I strongly encourage you to read the MD&A. This is prepared by management and it gives you a good overview of the summary of the financial activity that occurred throughout the year. The Basic Financial Statements are made up of the Government Wide Financial Statements, the fund financial statements and the Notice of Financial Statements. The Government Wide Financial Statements is discussed on page four of your audit agenda that I passed out. It provides a broad view of the governments operations in a manner similar to that of a business type entity. These st financial statements show that as of December 31 the government had total assets of approximately 1.7 billion the majority of which are capital assets netted accumulated appreciation which totaled 1.2 billion. The government had total liabilities of $730 million, $630 million of which were classified as Long Term Liabilities. Now the resulted in a net position otherwise known as Equity of $940 million dollars at year end which is an increase of approximately $33 million dollars from that of the prior year. Total revenues of the government were approximately $380 million dollars compared to $350 million dollars in expenses. The Fund Financial Statements focus on individual parts of the government and it reports the governments operations in a little more detail than that of the Government Wide Statements. Mr. D. Smith: We’re listening. Mr. Guilfoyle: Just keep us up with what page you’re on. Mr. Irwin: Gotcha. Your primary interest to you all as a government fund, I’m sorry as a general fund is it accounts as the majority of the revenues received as funds expended. The general fund end of the year with total assets of approximately $43 million dollars $13 million of which were amounts that were due from other funds. The general fund had total liabilities of $11.5 million and if you all will turn to page four of your Audit Agenda you will see a chart that shows sources of revenues of the general fund. Total revenues of the general fund were 62 approximately $125.2 million. As you would expect the majority of the revenues were derived from taxes which is approximately $94 million. Other significant revenue sources were $19 million in charges for services, $5 million dollars in fines and forfeitures and $3.7 million in intergovernmental revenue. The chart on page five shows the general fund expenditures which total approximately $130 million and once again no surprise the majority of the expenditures was $57.3 million dollars in public safety and $33 million dollars for general government. Other significant expenditures were $16.7 million dollars in Judicial and $12.3 dollars in health and recreation. Mr. Guilfoyle: I’m still listening. Mr. Irwin: One more thing I want to bring to your attention on Page 12 of the Audit Agenda. Mr. Guilfoyle: Page twelve? Mr. Irwin: Yeah. These are our recommendations for improvement. And as I mentioned we had seven findings in 2011 and we only had one finding this year. And without going into too much detail on the finding as a recipient of Federal Awards the government is required to complete the Consolidated Annual Performance and Evaluation Report. And during our review of the report we determined the government did not properly report expenditures associated with two federal programs. And these federal expenditures are understated in the approximated amount of $42,000 dollars on the form that was submitted. And our recommendation is simply for ya’ll to institute a review process by which the grant program reports are properly reviewed at multiple levels and to make sure they’re reconciled with the general ledger prior to their submission to the federal programmer. We also noticed certain items that we think management considered as part of their decision making process. These are not audit findings themselves they’re merely suggestions to management in an effort to improve their internal control process. That is as well on page twelve. You can review that at your leisure. I won’t go into details on those. We’ll see if I have some questions. They have been submitted to Donna and Tim and they are aware of those and we’re working on ways to improve your processes. That concludes my presentation. You know once again this audit went extremely well. I just want to thank Donna and Tim for their effort this year. We look forward to being of service to you all in the future and I’ll be happy to answer any questions you may have. Mr. Jackson: Motion to review as information. Mr. Fennoy: Second. Mr. Mayor: We have a motion that’s been properly seconded. If there’s --- Mr. Russell: If I can trespass on your time for another two minutes. The final numbers that we’re talking about is important even though (inaudible). Ms. Williams: Everybody is always interested in the use of fund balance. We harp on that an awful lot. We started the year, the budget 2012 with a budgeted use of fund balance of 63 $1.1 million dollars. The very first meeting in February the Commission reversed some across the board departmental reductions that had been adopted in the budget. That was another million and a half so you were looking at $3.6 million dollars use of fund balance anticipated. During the year there were several other adjustments. Probably the largest was the payment of a law suit for the trailer fire that happened. It was a million and a quarter. When we got to the end of the year we had budgeted total use expected use of fund balance of $5.9 million dollars. During the year we used $3,065,000.00 dollars. So we did not use the anticipated amount of fund balance. That was done by a couple of different ways. While some of our revenues came in lower than we had been expecting we were able to control our expenditures. Our departments cooperate with us wonderfully. Some of them grumbled but they all do an awesome job of trying to control their expenditures. So our expenditures came in under further than our revenues were short resulting in the savings of a little over $2.9 million dollars that would go back into our fund balance to be available for this year and future years. So while we hate to see a usage of fund balance we have budgeted for it a couple of years and have been able to escape that. The world did catch up with us some this year and we actually had to use it but we did not use all of it. And we’re a little bit proud of that. Ms. Davis: Hey yay! Ms. Williams: That’s all. Mr. Mayor: Thank you. (APPLAUSE) We’ve had a motion that’s been properly seconded. Commissioners will now vote by the usual sign. Mr. Mason and Mr. Williams out. Motion Passes 8-0. Mr. Mayor: Madam Clerk, next agenda item please. The Clerk: FINANCE 36. Consider a request from Ms. Dorothy Platte regarding property tax relief for property located at 2713 Fleming Drive. (No recommendation from Finance Committee July 8, 2012) Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, I met with Ms. Platte and we talked at some degree in reference to her situation. She was able to take a piece of property that was an apparent Meth lab and was destroyed. She’s been able to do that. Her tax burden at the moment is $520.00 dollars. We think that her contribution to the community was worth that and her patience with us and I would recommend we, can I waive that? Mr. Lockett: Move to approve Mr. Chairman. Mr. Jackson: Second. 64 Mr. Russell: Whatever the verbiage that we do that. I think you had to pay it we repaid it would be what we would do. Mr. Mayor: Okay, we have a motion that’s been properly seconded. If there’s no further discussion Commissioners will vote by the usual sign. Mr. Mason and Mr. Williams out. Motion Passes 8-0. Mr. Mayor: Thank you so much for your, thank you so much, ma’am, thank you so much for your patience. Final agenda item is item number forty-five, Madam Clerk? ENGINEERING SERVICES 45. Motion to authorize the Mayor to execute appropriate intergovernmental agreements (IGA) between Augusta, Georgia and the Georgia Department of Transportation at the discretion of the Augusta Law Department to allow the Augusta Engineering Department (AED) to manage, deliver, and be reimbursed for individual projects funded through the Transportation Investment Act of 2010 (TIA; aka, TSPLOST). Also, approve i) allocating $2 Million from General Fund Balance Fund and $1 from TIA discretionary funds (that will be reimbursed to the appropriate funds) as Reserve Fund for upfront funding of TIA local delivery projects; and ii) evaluate reserve funding for TIA local delivery projects at the end of 12-month period following IGA execution by both parties. Mr. Jackson: Motion to approve. Mr. Grady Smith: Second. Mr. Mayor: We have a motion that’s been properly seconded. If there’s no further discussion Commissioners will now vote by the usual sign. Commissioner Fennoy. Mr. Fennoy: No, I’m okay. One million, okay. Mr. Russell: There was a typo there. Mr. Jackson: It’s in the record. Mr. Fennoy: All right. Mr. Russell: It’s a little thing but we need to do that. Mr. Mayor: Okay. Mr. Mason and Mr. Williams out. Motion Passes 8-0. 65 Mr. Mayor: With no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Nancy W. Morawski Deputy 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 July 16, 2013. ___________________________________ Clerk of Commission 66