Loading...
HomeMy WebLinkAboutRegular Commission Meeting January 7, 2014 REGULAR MEETING COMMISSION CHAMBER JANUARY 7, 2014 The Augusta Richmond County Commission convened at 2:00 p.m., January 7, 2014, the Hon. Deke Copenhaver, Mayor presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, Williams, Fennoy, Johnson, Jackson, Davis, G. Smith, members of Augusta Richmond County Commission. Absent: Hon. D. Smith, member of Augusta Richmond County Commission. Mr. Mayor: Okay, I think we’ve got most everybody but I’ll go ahead and call the meeting to order. And Father Ragan had to leave so if you could stand for a moment of silent prayer prior to the opening of the meeting. Please join me in the Pledge. The Pledge of Allegiance to the Flag of the United States of America was recited. RECOGNITION(S) Aquinas High School Men’s 2013 Varsity Football Team A. Congratulations! For capturing the state title in the 2013 Class 1-A (Private) Georgia State High School Association Football Championship on December 13, 2013 in Atlanta, GA. (Requested by Commissioner Joe Jackson) Mr. Matt Zahn, Sports Director/Anchor WJBF-Channel 6 official roll call of team roster. Mr. Mayor: Okay, it’s my understanding that the State Champion Football team from Aquinas was not able to make it today so we will --- Ms. Davis: Mr. Mayor? Mr. Mayor: What’s that? Oh, Commissioner Davis. Ms. Davis: I just want to make a comment. We are going to reschedule a time when we can present a proclamation to team in the next few weeks. Mr. Mayor: And initially I thought that they had to leave along with Father Ragan so I thought we had every Catholic in town upset with us so I was glad to hear that that’s not the case. Madam Clerk, on to Employee of the Month please. The Clerk: RECOGNITIONS Employee of the Month B. Ms. Deanna Davis, Design Engineer V, Engineering Division, Augusta Utilities Department, January Employee of the Month. 1 The Clerk: Yes, sir. Our Employee of the Month is Ms. Deanna Davis, Design Engineer V with the Engineering Division of the Augusta Utilities Department. She is the January Employee of the Month and I will read the letter from the Recognition Committee. The Employee Recognition Committee has selected Deanna Davis as the January 2014 Employee of the Month for the City of Augusta. Ms. Davis is a design engineer for the Augusta Utilities Department and has been employed with the city since May of 2012. She was nominated by Jeremy Hoffman. Deanna Davis has only been with the Augusta Utilities Engineering Division for slightly over a year and a half but she has made a tremendous impact. Deanna has demonstrated her ability to drawn on her best knowledge of civil engineering to ask the difficult questions when managing large water and sewer projects. She has presented concepts for the use of new, longer life span construction materials and methods that will allow the city to save thousands of dollars both on the front end of projects and in long term savings. In addition Ms. Davis has created considerable business improvements by providing tools and resources that allow the Engineering Division personnel to perform their duties more efficient, effectively in the office and in the field. Some of Deanna’s creative improvements include ongoing job training testing and certification that allows support staff a broader knowledge base for project methods, implementation, construction and project management. A project tracking data base for tracking a projects life cycle and digitizing for product design and review which provides an increased productivity avenue to review plans and share information electronically eliminating bulk paper and accelerating project review times. Deanna’s strive for excellence is not without unique challenges including working with diverse groups and individuals and the differences of opinions that expectantly arise. Deanna has demonstrated her ability to work through challenges by listening, understanding and offering positive solutions. She not does what needs to be done she often takes it to a higher level. The Employee Recognition Committee felt that based on this nomination and Deanna Davis’ service above and beyond we would appreciate you joining us in recognizing her as the January 2014 Employee of the Month. (APPLAUSE) Mr. Mayor: And, Deanna, I just want to say thank you so much for your service and I have a letter for you as well. Dear Ms. Davis. On behalf of the City of Augusta it is with great pleasure that I congratulate you for being recognized as the Employee of the Month for January 2014. Your contribution to your organization, Augusta Richmond County Government and the citizens of Augusta has earned you this recognition. I appreciate your willingness to go above and beyond the call of duty and your outstanding work ethic. You are truly and asset to the Augusta Utilities Department Engineering Division and the citizens of Augusta Georgia. Please accept my personal congratulations on this wonderful award. You are truly deserving of this recognition. Sincerely yours, Deke Copenhaver, Mayor. (APPLAUSE) Mr. Mayor: Madam Clerk, on to the delegations. The Clerk: DELEGATIONS B. Ms. Brenda Durant, Executive Director, Greater Augusta Arts Council regarding presentation of the Arts Council’s 2013 report. Mr. Mayor: Ms. Durant. 2 Ms. Durant: Mayor, Commissioners, thank you very much for allowing me to speak to you this afternoon. Before I begin I just wanted to introduce Mary Jones. Mary has been on our board for a number of years. She was appointed as our Fort Gordon Representative. And she had promised to retire and finally took her promise to heart and she has joined the Arts Council as a volunteer. And she’s been actively working with us on numerous projects one of which was the City Re-Granting Project. So I wanted you to meet Mary Jones. (APPLAUSE) This year we did complete and my year does not end until June I know that you’re in a new year but our City Re-Granting last year we were allocated $32,725.00 for grants to local non-profit arts organizations. I did give you a book that lists the grants awarded and the descriptions that they gave us so their importance to the city and what they do for the community. We received $107,000.00 in requests for grants and we awarded 14 organizations. The 14 organizations that you supported support 505 artists, part time artists, 48 full time staff and 60 part time staff. The city funding represents 1% of their total operating expenses. And I do leave you with that report. We did remember this year to include in the report information about the Greater Augusta Arts rd Council and our programs and services. I also wanted to let you know that this year our 33 year of Arts in Heart of Augusta and our third year on Broad Street which we love and you’ll never move us off there without I don’t know. I don’t know how you would get us off of Broad Street. Mr. Mayor: Don’t say over my dead body. Ms. Durant: No, I don’t want to say that, I would have to hire a body guard. But we did, we have been winning numerous awards both regional and national for the Arts Festival which is wonderful. And this year we paid for a study to be done by Looking Glass Strategic Resources to evaluate the demographics of the festival. And the consultants estimate that the direct economic spending contributing to Augusta Georgia in 2013 from the Arts in the Heart Festival to be a little, $3.1 million dollars. Of that total amount $1.9 million was direct spending by residents of Augusta and $1.2 million was direct spending by non-resident attendees. So I thank you for your support of this festival and hope that our 3.1 million dollars is a nice return on your investment in the Arts. I did want to make sure that you saw, we had a lot a press about it but the th mural was completed for the 15 Street Widening and Transformation Project. The mural that th was designed by the residents of the 15 Street community. I think it’s beautiful. I hope that you agree. It was painted by two local artists Lucy and Jase McTier a mother and son and it represents the community’s vision for their neighborhood and we’re excited as your Public Arts Agency to have that as kind of our first out of the block public arts demonstrated project and hope to have many more. Our next major event coming up is our Web Paint Party and Sale. Last year at the event we sold over $8,000 dollars in art and that money goes directly back to the th artists who create the work. It’s scheduled for February 8 at Julian Smith Casino. We’d love to see you all there. Your support for the Arts Council gets you free admission. I’m sorry that I’m not able to introduce you to our most recent staff member Gary Dennis. Gary also worked on Re-Granting and is our Public Art Administrator. But he was at Fort Gordon for a meeting. I don’t know if you’re aware that we teach art classes at Fort Gordon. We have a contract with Fort Gordon he was there coordinating our next round of art classes. And we complete a lot of programs. We have been helping in the community with the arts based launch and working with the Regional Collaborative Project. We also testified for a music panel that Ben Harbin brought to Augusta this fall and I do produce a weekly radio show. If you haven’t listened yet I hope you 3 will. I interviewed over 52 local artists and art producers from the CSRA last year and it’s aired on Saturday mornings at 9:30 on 92.3 Smooth Jazz and we also podcast it from our website. And you can subscribe on ITunes and put me in your pocket and take me on a walk and listen to it. Mr. Mayor: Well, Brenda, I just want to say thank you for all that the Arts Council does. It is a pleasure working with you. So this year just 77,000 in a three day period for Arts in the Heart in downtown Augusta which was the highest number of attendees we’ve ever had. Correct? Ms. Durant: Yes, it is. Mr. Mayor: Thank you for that and the mural if you all have not been down to see it yet it is amazing. It is absolutely beautiful along side of the Rosa T. Beard Memorial Bridge. So please take an opportunity to see that. But I just wanted to say thank you. Commissioner Williams then Commissioner Guilfoyle then Commissioner Lockett. Mr. Williams: Brenda, I wanted to say thanks again for all your help and all that you do for the Arts downtown. But I want to sit down with you when you get a minute to discuss and look at something that we’ve been talking about for almost a year and a half at least a year about downtown Broad and might be able to help the arts that would change things tremendously I think. You probably saw some of it. We talked about this for a while. But we’ve got money in the TEE SPLOST set aside for that kind of project and I would love to sit down with you hopefully coordinate some things that we can do around the statue of James Brown and on the th other side where 9 and Broad comes together on the other side for some other things that I’d like to share with you. But please, ma’am, give me a call, let’s sit down and just talk for a few minutes to just share those things and see what you think and see how we can get those things in play to draw and attract people to Augusta. Not just a one-time but a repeat visit to Augusta and I think we’re on the way of doing that. Ms. Durant: That’s great I always have time to talk about arts in Augusta so I will be calling you. You mentioned the James Brown statue. I didn’t mention to you that we recently were, we brought back the camera at the James Brown Statue. It’s still in a testing mode but it does work. We’ve had some power issues I think you’re working on those Rusty, right? Yes, that’s good but you can stand next to James Brown and text the phone number and it sends a picture to your phone and to a location on our website. And it’s been very popular. I can look at the gallery and see the people who are posing with James Brown but we wanted a way of drawing people’s attention to it you know put’s a locator on it that would say James Brown Statue in Augusta Georgia. And it’s loads of fun to look at those pictures and I hope ya’ll have your picture made. It’s really cool. Mr. Mayor: Commissioner Guilfoyle and then Commissioner Lockett. Mr. Guilfoyle: Thank you, Mr. Mayor. Brenda Durant, I just got to tell you the three years working with you I don’t know I wish I could actually give more time to the Arts Council but gentlemen and ladies this is one woman who actually gives Augusta all she has. And if we 4 could clone her we could do a lot more for Augusta. Anybody that can shut down a couple blocks of Broad Street and fill it up with people and all these volunteers and it’s organized my hat’s off to you Brenda Durant. And thank you for all that you do for Augusta Richmond County. The people love you. A lot of people don’t realize you’re the woman working, running, on the little walkie talkie making sure things happen. But I’m glad to be a part of your council and look forward to doing good things with you. The best investment I think Augusta Richmond County has made. Ms. Durant: Well, thank you. Thank you for your contributions to the Arts Council Board and to the city. Thank you very much, Wayne. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I was going to ditto what everybody said until Commissioner Guilfoyle said all that. I don’t know if I can sign off on all of that. But no it doesn’t seem like it was a year since you were right here but I’m very impressed with what you’re doing and the enthusiasm that you take. And I don’t get downtown that often other than here at the Marble Palace but I have been down to quite a few events and they were great. Ms. Durant: Thank you. Mr. Lockett: They were great. But one thing I would like to get some clarification on is (unintelligible) and his crew. I made quite a few meetings when we were talking about the mural th that’s on 15 Street. Now there’s some questions. The eagle in, that’s in the mural is that represented of T.W. Josey? Does that have anything at all to do with T.W. Josey? Ms. Durant: I was told that was the Josey Eagle. Mr. Lockett: You were told that? Ms. Durant: Yes I was, but the artist. Mr. Lockett: Okay, I wanted to make sure because I know it’s been out there and I just wanted to make sure it was accurate information if you say it is. Ms. Durant: If you want it to be it is. If you were upset by that it’s not. No, it is representative of the Josey Eagle. Mr. Lockett: I was looking for the bull dog from Butler. Thank you very much I appreciate it. Mr. Mayor: Okay. Thank you, Brenda. Ms. Durant: Thank you. Mr. Mayor: Madam Clerk, on to the consent agenda. 5 The Clerk: Yes, sir. Our consent agenda consists of items 1-4. And we also have a request from Mr. Guilfoyle for an addition to the agenda to approve an appointment to the Planning Commission due to a resignation there. Mr. Mayor: Do we have unanimous consent to add this agenda item? It’s added to the consent. Okay Madame Clerk the consent agenda. Oh do we have just items 1-4. The Clerk: Yes, sir. Mr. Mayor: Do we have any additions to the consent agenda? Okay. Do we have any items to be pulled for discussion? Commissioner Williams? Mr. Williams: Number one I’d like pull, Mr. Mayor, for discussion please. Mr. Mayor: Okay. Hearing no further can we get a motion to approve the consent agenda? Mr. Mason: So moved. Mr. Fennoy: Second. CONSENT AGENDA PUBLIC SAFETY 2. Motion to approve an Ordinance to amend the Augusta, Georgia Code, Title 6 Chapter 6, Section 6-6-1 through Section 6-6-36, to add a new section to be designated 6-6-37; to provide for additional definitions; to clarify Code requirements as to books, DVDs, CDs and other items; to provide updates; to repeal all Code Sections and Ordinances and parts of Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Commission December 17, 2013 – second reading. FINANCE 3. Motion to approve amendment to existing franchise ordinance with Comcast. (Approved by the Commission December 17, 2013 – second reading. PETITIONS AND COMMUNICATIONS 4. Motion to approve the minutes of the regular meeting of the Commission held December 17, 2013 and Special Called Meeting held December 17, 2013. ADDENDUM 8. Motion to approve the appointment of Mike Russell to the Planning & Zoning Commission due to the resignation of Brent Weir representing District 8. (Requested by Commissioner Wayne Guilfoyle) Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now vote by the usual sign. 6 Motion carries 9-0. [Items 2-4, 8] Mr. Mayor: Madam Clerk, let’s go to the first pulled agenda item. The Clerk: ADMINISTRATIVE SERVICES 1. Motion to approve the written report from the Administrator/H.R. Director regarding the number of department directors, number of directors living outside Richmond County and the total salary amount of directors not living in Richmond County. (Approved by Administrative Services Committee December 9, 2013) (Referred from December 17 Commission meeting) Mr. Mayor: Commissioner Williams, this is yours. Mr. Williams: Thank you, Mr. Mayor. I had something put on the screen that I wanted to look at and the figures really astonished me to find out that over a half million dollars worth of salaries are just going outside of this county. I asked the Law Department and I say I asked I had a conversation with this body and the Law Department said that we can’t specify people to stay in Richmond County. Well, I disagree with that now. The rules said that you can’t run for public office unless you live in Richmond County. You can’t sit on any board unless you live in Richmond County or you can’t even sit on certain committees unless you live in Richmond County. But yet we cannot have something drawn up and we don’t have to have the law but there’s a way to do it but that when the department head comes in that they’ll be made known to them that this is their this is the way their getting their bread and butter from so they need to eat it right here. They don’t need to get the bread and butter and take it somewhere else. If they’re going to, if you’re going to get your bread and butter you ought to eat it at this table don’t take it to somebody else’s table. So I’ve got some serious issues about that and I need to get from the Administrator the total number of employees that live outside of Richmond County and how much money, how much figures for that to come to. If this number comes to that much I’m just going to image what we’re dealing with that’s already going outside. I’m not saying that anybody has to move back in. I’m not saying that but we’ve got to stop this madness. Other cities do it. We’ve got some documents from the National League of Cities from or from the GMA how we can word it. The Attorney said it would be illegal to demand I guess but it’s all in the wording now. It’s all in what you say and how you say it. I truly understand that. Mr. Mayor: I’ll give you another two. Mr. Williams: Yes, sir. I think that we have to be aggressive. I think we have to do like other cities who have the same problem who resolved it. If I got to live in this county and run for this county you can’t work in this county and take the money home to another county. So I think that we need to stop that madness and do something about it. I’d like to get on the next Commission meeting if I can, Madam Clerk, to have those of how many other employees and how much money is going out of this county that’s not coming into Richmond County. 7 The Clerk: Yes, sir. Mr. Mayor: Mr. Mayor Pro Tem. Mr. Johnson: Thank you, Mr. Mayor. You know of course I had an opportunity to look at this list here of department heads and directors if you will but Mr. Williams asking, Commissioner Williams asking to get a list of all of the employees who live outside the county. I just, in my opinion that’s just too farfetched. And I think we’re kind of toeing a very fine line here to ask for a number of all the employees of Richmond County to show where they live and how much money they’re being paid. Now that’s public information but to go as far as to trying to sort out who lives within the county and who does not we just need to be very, very careful when talking about that. I mean to me I think there could be a potential law suit and we just need to be very, very mindful of that. Directors is one thing but the average employees is something totally different. So I just wanted to put that out there. Me personally I can’t support that because I just don’t see what real sense it makes when you talk about the average employee, you know. And I just don’t see how you can equate who needs to live within the county and who shouldn’t. We got people who live in Richmond County that work in Columbia County so I mean it’s and in Aiken County so it’s to me this is just too farfetched. It’s my opinion. Thank you. Mr. Mayor: Okay, I have recognized you twice Commissioner Williams. Mr. Williams: I need to respond --- Mr. Mayor: And I’m going to give you one minute to respond. Mr. Williams: I don’t care how many minutes I’m just telling you I need to respond because --- Mr. Mayor: And we have policies that govern the body --- Mr. Williams: Yes, sir. Mr. Mayor: --- Commissioner Williams. Mr. Williams: You don’t want us to talk in the back room -- Mr. Mayor: I’ve recognized you again --- Mr. Williams: --- you don’t want to talk, discuss business in the back, Mr. Mayor --- Mr. Mayor: I’ll recognize you for one minute. Mr. Williams: --- if we can’t talk in the front how will the people know what we’re dealing with? 8 Mr. Mayor: I’ll recognize you for one minute. Mr. Williams: I understand what the Commission said. That’s his opinion and this is mine. I didn’t ask him to support anything. If other counties want to ask where the other people live that’s up to them. I not demanding anybody move back but I think I have the right to know how much money’s going out of this county into another county or anywhere else. Now that’s public information there’s nothing hidden about that. There’s no agenda there’s nothing to make anybody move. I want to know how much money that we are sending out of another county that ain’t paying taxes in this county. Now I don’t care whether he likes it or understands it or appreciates it that --- Mr. Johnson: Mr. Mayor, excuse me. Mr. Mayor, you don’t have to like it. Mr. Mayor: No, you all come on. Mr. Johnson: I mean the bottom line of it is --- Mr. Mayor: Mr. Mayor Pro Tem. Mr. Johnson: --- I understand, Mr. Mayor, but --- Mr. Mayor: Mr. Mayor Pro Tem. Mr. Johnson: --- what I’m saying is do you understand what it does to the morale of the employees by requesting this type of information publicly? Be cognizant enough about the employees. Mr. Williams: If the employees don’t want to work here, Mr. Mayor, they don’t have to work here. That’s all I can say. They can take another job. Mr. Mayor: I’ve had enough of ya’ll going back and forth. Now come on. Commissioner Fennoy. Mr. Fennoy: Yes, Mr. MacKenzie. Mr. MacKenzie: Yes, sir. Mr. Fennoy: What does the law say about employees that live in one or work in one county and live in another county? Mr. MacKenzie: There’s a Georgia law that restricts a government from having as a condition of employment a residency restriction. In other words you can’t hire a person and say you’re only going to get this job if you live in this jurisdiction unless there is a compelling governmental reason to support the government needing to have them there. For example if they were in law enforcement and you needed a fast response time then you could use that as a 9 reason. But as a compelling reason there’s a law that prohibits a residency restriction on employment. Mr. Fennoy: Okay and to your knowledge does the outside of the Fire Department and the Sheriff’s Department is there any other departments that have a compelling justification for us requiring citizens that work in Richmond County to live in Richmond County. Mr. MacKenzie: I can’t think of a law off the top of my head. There could be an investigation done to see if there may be some other emergency services that fall within those two departments that could fall within that realm. Mr. Fennoy: Okay and I guess my last question is to your knowledge does the Sheriff’s Department and the Fire Department require that their employees work and live in or live in Richmond County? Mr. MacKenzie: I’m not aware of any restrictions of that nature. Mr. Fennoy: Thank you. Mr. Mayor: Okay. Commissioner Guilfoyle and then Commissioner Lockett. Mr. Guilfoyle: Thank you, Mr. Mayor. Now I’ve been sitting here listening and this has been brought up before as far as where the Directors and the employees live. To be truthful there’s a state law that governs that we cannot dictate where they do live. I don’t know why we’re chasing this rabbit. The only person that’s required is anybody that has a contract for example the former Administrator is was that was part of his requirement. Now for us to sit here and pay these directors the amount of money that we do then we question why they don’t get anything done because we’re steadily chasing these false rabbits, and what good is the information going to be once we receive it. We can’t change the outcome. Why do we waste the government time and money? Mr. Mayor: Thank you, sir. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. The demonstration we put on today is one reason why our population is not growing like it should. In this day and age someone that contemplates moving to Augusta Richmond County or bringing their business here all they have to do is go online and they see this kind of activity then they go somewhere else. And I’ve said before what our job is, is to make Augusta Richmond County so attractive until everybody wants to come here as opposed to leaving here. And this we wasted so much time on this small trivial thing and our major things that we should be taking care of as a body we’ve been unable to do it. And something that goes on the agenda once or twice shouldn’t be continuously brought back, brought back brought back. I mean we got to stop that. We got to start acting like educated professionals on this body. Thank you, Mr. Chairman. Mr. Mayor: Thank you. Can I get a, ya’ll please hold your applause. Can I get a motion to receive this as information? 10 Mr. Guilfoyle: So moved. Mr. Johnson: Second Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioners will now vote by the usual sign. Mr. Williams: Madam Clerk, I’d like to have my agenda item please on the agenda. The Clerk: Yes, sir. Mr. Mayor: Madam Clerk, on to the regular agenda. The Clerk: Yes, sir, let me get this vote, Mr. Mayor. Mr. Mayor: Oh, excuse me. Mr. Mason and Mr. Grady Smith out. Motion Passes 7-0. The Clerk: PUBLIC SERVICES 5. New Ownership Application: A.N. 14-01: A request by Catherine Jones for an on premise consumption Liquor, Beer & Wine license to be used in connection with Ms. Kitty’s Bar & Grill located at 3179 Gordon Hwy. There will be Dance. District 3. Super District 10. Mr. Mayor: Mr. Sherman. Mr. Sherman: Okay, this is Mrs. Jones. If you could state your name and (inaudible). Ms. Jones: Catherine Jones and my address 331 Brandywine Place Augusta Georgia. Mr. Sherman: Are there any objectors to this alcohol application? There are no objectors present. The Clerk: Okay. Mr. Sherman: The Sheriff’s Department and Planning and Development recommend the application be approved. Mr. Guilfoyle: So moved. Mr. Johnson: Second. 11 Mr. Mayor: We have a motion that’s been made and properly seconded. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Mason and Mr. G. Smith out. Motion Passes 7-0. Mr. Guilfoyle: Good luck, Ms. Jones. Ms. Jones: Thank you so much. Mr. Mayor: Madam Clerk, on to the next agenda item. The Clerk: ADMINISTRATIVE SERVICES 6. Discuss the Augusta Law Department. (Requested by Commissioner Marion Williams) Mr. Mayor: Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. The Law Department has not lived up to the job that they should have done and I guess we talked about some personnel issues. I’ve got some heartburn with some things that was done with the contract we just voted on earlier. We talked about that we talked about the Law Department --- Mr. Mayor: And, Commissioner Williams, if we do get into job performance by any individual within the Law Department I would recommend that we go into Legal to discuss that as that would be a personnel issue. Mr. Williams: Well, when we was in Legal no one had any conversation. Now we can talk about it in Legal or we can talk about it on the floor, Mr. Mayor. I mean we will talk about it so however you want to do it. I’m going to leave it up to you, do you want to talk about it in Legal or talk about it on the floor. Mr. Mayor: You can say whatever you’d like to say and you know if people want to respond or they want to discuss it but if you get I mean if you start, I’ll leave that up to you. Mr. Williams: Well, I mean it’s already out, Mr. Mayor, that we have not gotten what we we’re supposed to be getting with the present attorney. There’s a no vote of confidence on last year. The Law Department has not done the things we asked them to do. There’s some situations that happened back with the TEE Center and the parking deck and all that other stuff. That’s just hindsight. But even in the last very last meeting that we had when the motion was put out the Law Department did not step to the plate to try to correct us. We put it out as if the Mayor and Mayor Pro Tem was going to be acting as Administrator which was put out as if that was the case and that was not. And nobody addressed that. The first meeting we had in last year we Mr. Jackson made a motion to nominate the Mayor Pro Tem and closing the nominations. 12 The lawyer sat there and didn’t say a word about it. I mean somebody had to correct him. In fact I had to correct him. I mean if we’re paying for a situation we’re paying for services we ought to be getting those services. Now if I need to make a motion Mr. Mayor whether I get a second or not it doesn’t make a difference but I’m going to keep this on the burner. This is a new year and we’re going to continue to talk about it. Some things hadn’t been done and not done professionally --- Mr. Mayor: I give you another two --- Mr. Williams: --- or done right. Mr. Mayor: I’ll give you another two minutes. Mr. Williams: I don’t need any more, Mr. Mayor. I just want to make a motion we put a no vote of confidence of this legal staff that we have. And that’s a motion. Mr. Guilfoyle: Mr. Mayor. Mr. Mayor: There’s no second for that motion? Mr. Guilfoyle. Mr. GuilfoyleMr. Attorney, can I make a : I need to ask the attorney something. motion that anytime that we bring up any personnel it should be brought up in the Legal not up here onthis floor? Or do we need to set a policy? Mr. MacKenzie: You can make that motion. It would be my recommendation to task the H.R. Director with including that in the next draft of the Policies and Procedures Manual Amendments. Mr. Mayor: Would you like to put that in the form of a motion? Mr. Guilfoyle: Mr. Mayor, I sure would if I could have somebody second me on that. Mr. Mayor: Madam Clerk, can you repeat --- Mr. Guilfoyle: Madam Clerk, did you get that? Mr. Mayor: Can you repeat the motion, Madam Clerk, or, Mr. MacKenzie, the way the motion should be structured? It would be a motion to task the H.R. Mr. MacKenzie: Sure I’d be happy to do that. Director with including an amendment to the Policies and Procedures Manual to only allow for discussion relating to personnel matter to be done in a closed legal meeting. Ms. Davis: I’ll second --- Mr. Mayor: We have a motion --- 13 Ms. Davis: I’ll second that. Mr. Mayor: --- we have a motion that’s been properly seconded. Commissioner Williams, I will recognize you for your second time --- Mr. Williams: Yes, sir, I appreciate that. Mr. Mayor: --- (unintelligible). Mr. Williams: This is not a personnel issue. This is a department issue. And no one Commissioner can tell another Commissioner what to put on or what he can’t put on. Now Mr. Guilfoyle may not like it, he may not want to appreciate it, I understand it. I can’t limit him and he certainly can’t limit me as to what I can put on this agenda. He needs to go back and check the rules himself now and the attorney should’ve advised him of that. This is not a personnel issue this is a department issue. And anytime I’ve got a department issue I’m going to put it on the agenda. Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Mr. Mayor, when I hear somebody say a vote of no confidence that’s attacking somebody personally. Personnel issues need to be handled in the legal room not out here on the floor. It don’t matter if it’s Andrew, Tameka or any other director, personnel should be handled in legal in privacy outside of the media to where we do not affect the family, friends of the person that’s being questioned. It should not be brought out here on the floor here or in the future. I have a second? Mr. Mayor: You do. Mr. Mayor: If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Lockett: Mr. Chairman, could you read the motion again? Mr. Mayor: Yes, sir, Commissioner Lockett. The Clerk: The motion was to task the Human Resources Director to include an amendment in the next Policies and Procedures Manual for personnel matters to be discussed in the Legal sessions. Mr. Mayor: Commissioners will now vote by the usual sign. Mr. Fennoy, Mr. Johnson, Ms. Davis, Mr. Lockett, Mr. Jackson, Mr. Guilfoyle vote Yes. Mr. Mason and Mr. Williams vote No. Mr. G. Smith out. Motion Passes 6-2. 14 Mr. Mayor: Thank you, Madam Clerk, next agenda item please. The Clerk: FINANCE 7. Motion to authorize the Mayor to begin the process preparing the SPLOST VII referendum and receive tentative timeline. (Requested by the Finance Department) Mr. Jackson: Motion to approve. Ms. Davis: Second. Mr. Mayor: Commissioner Guilfoyle. Okay, we have a motion to approve. Is there a second? Commissioner Guilfoyle. Mr. Guilfoyle: Mr. Mayor, we actually (inaudible) this process. I look at them as the seasoned Commissioners that we’ve got to rely on to go through this due process correctly and do it in an efficient way. I know we’re under a time constraint but I would like for somebody to actually expand on this to tell us the ones who’s never been through this before what’s the due process? What’s the procedure what can we expect? Mr. Mayor: And, Commissioner Guilfoyle, it’s very, I’ll just say as with so many things th right now we’re in unchartered waters. We’re anticipating an election May 20 which will take th legislative action that has not happened yet so we’ve never had and we’ve never had a May 20 vote. There should have been a timeline and I’m looking included in the packet. But it does call for and I will if that was not included in the packet I will get you that, there are public meetings, there are presentations to the Commission. The Commission would have to approve the final th package I believe by February 10 of next month. So it’s, but we’re under a very compressed timeline. Go ahead. Mr. Guilfoyle: And so this public meeting will these people have an opportunity to speak before this body or during the workshop sessions? And I know we’re going to have a lot of the GRU and other entities come before this body. Mr. Mayor: That has always been the process in the past and I, you know, departments heads and I know I’ve heard that this is rushing. Department heads have been working on their lists for a good while before coming in. Obviously we have an interim administrator that will be helping with the process. It’s kind of all hands on deck at this point but it’s just a difficult situation to be in to be shooting for a date that we don’t have set yet that’s earlier than anything we’ve ever had set before. Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Mayor: Commissioner Lockett then Commissioner Williams. 15 Mr. Lockett: Thank you, Mr. Chairman. I have some major, major concerns with this. Simply this body is always in a hurry to do something without very much though being given to it. Now I don’t see any urgency at all dealing with trying to get a SPLOST VII passed. I’ll tell th you why. Our election is going to be May the 20. We have another election that’s going to be in November, both in the same year. Now if we did this and complied with the official code of Georgia annotated that relates to Special Local Option Sales Tax we will have a good nine or ten months to meet with our constituents. The department directors aren’t the ones that tell us what our constituents want in this community. This is for us to do and the only way we can find out what our constituents want is by conversing with them. And with this timeline here it’s utterly impossible. And if for some reason or another it’s not passed in November 2014 we have March or 2015 and we have November 2015 that can go back before the voters again. So there’s no degree of urgency. SPLOST VI the projection is we will continue to draw forum for that until the end of the first quarter of 2016. So really there’s no urgency. And lastly according to the official code of Georgia, if I read it properly, the Commission is the one that’s responsible for setting this up, not Finance, not the Mayor, not the Administrator. If I read --- Mr. Mayor: I’ll give you another two. Mr. Lockett: --- the official code of Georgia correctly. And this has not been done. Mr. Mayor: And I will tell you, Commissioner, I understand what you’re saying completely. If we could get Tim Schroer. Tim, could you come forward to, to basically give an oversight of why we’re shooting for the early date and when the, yeah I mean it’s the same reason we did it in the early election last time correct that we’d have two bites at the apple or? Mr. Schroer: Yes, sir, that’s correct. We do the election in May of this year then we will if it fails we’ll have another opportunity in 2015. I think that’s the election in 2015 (unintelligible). Mr. Johnson: I think it’s November. Mr. Schroer: Well if, you have to wait a year if a SPLOST question is on the ballot and it th fails you need to wait a year. So if you, if it was on the May 20 ballot and it failed the earliest you could do it I believe it’s June of 2015 you could the next election. We doing it this year so in case it fails we can have as someone said another bite of the apple. Mr. Mayor: With no lapse. Mr. Schroer: With no lapse of collections. Mr. Lockett: But, Mr. Mayor, there’s no June 2015 election. Mr. Schroer: I thought there was an earlier election in 2015. Mr. Lockett: March. 16 Mr. Schroer: March, okay then it would be the November 2015. I apologize for that. Mr. Lockett: Okay, then how about November that same year? Mr. Schroer: If you do --- Mr. Lockett: If you did November of 2014 one year depending on how you count your days you’d be able to go back November 2015. Mr. Schroer: Yes, sir. Mr. Lockett: So my question is still the same. What’s the rush? Mr. Mayor: Would we still have a lapse if it was passed in November of 2015? Mr. Schroer: No, I do not believe that you would. The state projects out the year in advance, a year in advance so probably next year we’ll receive information from the state telling us when SPLOST VI collections will end. And they do that based on projected revenues. So right now the projections are going to end March of 2016 which may if collections may end up growing into the second quarter of 2016 so I do not believe that there would be a lapse in collections if the election were held in November of 2015. Mr. Mayor: Okay. Commissioner Williams. Mr. Williams: Mr. Mayor, this thing says enter a agreement. I don’t know what ya’ll are rd talking about. I mean it’s not easy to confuse me but this talks about December the 23 of last year and January the 1st I’m assuming this year but it’s talking about entering into a government agreement with other counties that’s around us that you as the Mayor I guess is supposed to sit down and talk with those others and try to work out a timeframe. Have you had that conversation yet? Mr. Mayor: Yes. Mr. Williams: Okay. The rules say I think, Mr. Mayor, that the governing body is supposed to approve that before you had that conversation, before you go to talk to any government with anybody else. Now I think this is the governing body up here you know ya’ll got me wound up today for sure but I believe this is the governing body and I’m wondering why is this just coming forth now if it’s supposed to be approved by the governing body. Do the attorney’s know who is the governing body? And if they are, if they do, why hadn’t this been brought to us before we get to the SPLOST? Because this says the intergovernmental agreement that you’ll be able to converse with the other Mayors because they come to the table asking for something they want some SPLOST dollars they got some projects they want to do and they need to do that. But this is getting all out of whack here again. Commissioner Lockett is right nobody wants to talk about it and then when it gets pushed and then it gets wrong everybody wants to know well how did it happen. It happened because we ain’t had no conversation because people ain’t doing the job. 17 Mr. Mayor: Okay, thank you, Commissioner Williams. We have a motion that’s been made and properly seconded. Oh excuse me. Yes, sir, Mr. Mayor Pro Tem. Mr. Johnson: Thank you. What we need to get clarified here today because I don’t know what, what we are on this board right now as far as this SPLOST is concerned moving forward. The two dates that we have to vote on this, the options another words, I understood Tim said 2015 and election that year. March of you said March of 2015? Mr. Mayor: Tim? Mr. Mason: What’s going on now? Mr. Schroer: The dates you can (inaudible) election on any regularly scheduled election. thth So the dates for the next four years to the best of my knowledge are May 20, November 4 of rd 2014, March, first part of March in 2015 and November 3 in 2015. Mr. Johnson: What’s the election in March of 2015? Mr. Schroer: I think it’s a primary. Mr. Mason: For what? Mr. Schroer: I am not sure. I had a conversation with Lynne Bailey and she said that there’s a March election. Mr. Johnson: I’m not sure about that. Right it’s every two years so if you’re going to have one this year and then you’ll have another one in twenty, I mean 2016. So it won’t be one. That’s what I’m saying if you’re going to, if thing’s going to move we have to do it this year. You just have the option to do it in May then again in November if it don’t pass in May. That’s what I understood. Mr. Mayor: Well, and I will say this is, this is thank you state legislature because once again we don’t know when the primary dates are going to be at this point. Are you? Mr. Johnson: Yeah I’m good. I’m just trying to figure out what election is in 2015 because I don’t think there’s any. Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Mr. Mayor, why don’t we do this. I know that some feels it’s being rushed and some don’t feel like we got enough ample time to do this process and do it right. Why don’t we move forward on it and see if we can meet the February. If not, hey, November sitting at the tail at least we got the ball rolling. 18 Mr. Mayor: I agree. I think it’s worth it to, that’s logical to me to go ahead and take a step to move forward. It’s an expedited time line and if we can’t hit it we can’t hit but at least we’ve done the process and it puts us in a better position for November. Commissioner Lockett. Mr. Lockett: Mr. Chairman, I respectfully disagree with you. I know why we want to rush and put it before the voters in May because we don’t anticipate the turnout being as great as in May as in November. I think if we do our job as elected officials and make the citizens, get them involved get their input and come back and collectively put together a package that they can support we’ll have no problem. And I want to indicate or correct something that was said by Mayor Pro Tem. I checked with the Board of Elections today, Ms. Lynne Bailey and she th indicated that we will have an election on May the 20 of this year. There’ll be another election on November 2014 of this year and there will be an election March of 2015. And there’ll be another election November 2015. So we have all of those opportunities all those opportunities. And Tim Schroer just indicated that the projection for SPLOST VI is probably the end of the first quarter. He said but the way it’s looking now it’ll probably be the second quarter. So why don’t we for a change take the time and I’ll use my colleague’s words, do our due diligence and make sure we have everything in place. Because the way this thing has started out is definitely not in accordance with the official code of Georgia. And I think Commissioner Williams hit on that. So we’re starting off on rocky ground. Thank you, Mr. Chairman. Mr. Mayor: Commissioner Fennoy. Mr. Fennoy: You know from my understanding every election that will be conducted in Richmond County will be an election year where we elect a governor or we elect a president. In 2015 there will be no election. If there is some doubt than I will run down to Lynn Bailey’s office before she closes and get a confirmation on that because I think what we are proposing has a lot to do with whether or not there’s going to be an election 2015 or not. So I don’t have a problem with doing that if ya’ll can wait five minutes --- Mr. Mason: Hurry up. Mr. Fennoy: --- then I’ll go down there and see. Mr. Mayor: Well, why don’t we just, why don’t we get somebody to call her. Mr. Fennoy: I can go down there quicker. Mr. Mayor: Okay, Donna can --- Mr. Lockett: Mr. Mayor, she just gave me that information this morning, Ms. Bailey did. Mr. Mayor: And let me just say, hang on Mr. Mayor Pro Tem. That’s here again I get into I get into the fact that when the state legislature hasn’t given us full information and they haven’t fully, it makes it very hard on local governments. Mr. Mayor Pro Tem. 19 Mr. Johnson: Thank you, Mr. Mayor. I think in lieu of what Commissioner Lockett was saying I don’t disagree with us waiting if we can wait. What I’m saying is I’m trying to figure out if we do have an election in 2015 what is the election because we don’t know. We normally have them every two years and that’s why our first term was shortened to three years to get on the cycle as the Governor and the Mayor’s election. And so that’s the question here in theory that we need to find out if that and if there’s going to be a, what is that election because the Presidential primary is not in 2015 it’s in 2016. Mr. Mayor: But let me just say and something that I just want to agree with my colleague Commissioner Guilfoyle this, this is to start the process. The Commission gets plenty of other opportunities along the way to stop the process but I just, you know I want to be given the option and the flexibility to move forward if possible. If it’s not possible it’s not possible. If we’ve got a better way, but this gives us options which if we don’t go ahead and get started we don’t have those options. Mr. Johnson: I agree, Mr. Mayor, and I don’t have any problem with us doing that. I’m just, I think for the sake of clarity we just need to make sure that we are clear on the time table in which the elections because again there’s nothing wrong with starting a process early because it gives you more time to work on it. But what I’m saying is we don’t know and as far as the date th being May 20 we didn’t set that date the state done set it. The federal government set the date th of May 20 so that’s beyond our control. The state’s yet to even vote on it as of now so until they go into session we still don’t I mean it’s yet to be confirmed in other words. So that’s just something we got to wait and see but likely it will be so again there’s nothing wrong with starting the process. And I agree with that. I’m just saying for the sake of clarity we need to know if there’s an election in 2015 what is the election. That’s all we’re asking. Mr. Lockett: You’ll need it. Mr. Doss: Hi, how are ya’ll? I had to take the stairs. Mr. Mayor: Mr. Mayor Pro Tem, because I believe you had the --- Mr. Johnson: Yes, thanks, Travis, for taking the stairs and coming up here to brief us briefly on this. We had a question, catch your breath. We had a question about a 2015 election and my colleague was told along with Tim that there will be a 2015 election in March. And what is that election? Mr. Doss: No, that’s not correct. The, March is a scheduled possible election date meaning that the Georgia Code allows for a question to be posed to the voters in March in what’s considered and Off Election Year. As of right now there is nothing scheduled for March of 2015 but you could hold a Special Election in March of 2015. But as of right now there’s nothing scheduled for March of 2015. Mr. Johnson: So that would be considered a special election. That’s what I thought and that’s what we needed to be clear on. I understand that. I know we can those dates but I just think and we talk about turnout. That can possible be an issue if it’s just that particular item. 20 However we just need to be clear up here on what is available in 2015 because again I know it was no Governor or primary election in 2015. That would be this year and the next one would be in 2016. So we just need to understand that moving forward these are the options and this is potentially could be the issue going in 2015 if one is not passed in 2014. It would be just that election if nothing else occurs and somebody resigns a seat in a Special Election that we will have it in a nonelection year so turnout will be poor but thank you for clearing that up. Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. Travis, is that the same as November 2015 as well that’s a date that’s set aside? Mr. Doss: That’s correct. Mr. Mason: So those are two dates. Mr. Doss: So the November 2015 is a date that’s set aside to have an election if there is anything that needs to be elected. Generally in all election years the city of Hephzibah and the city of Blythe could hold an election for their city commissioners. And of course you’ll remember previously that’s when the Augusta City Council used to hold their elections. Mr. Mason: Okay, so given that small bit of information but is very powerful bit of information for me because it kind of changes my thought process on this thing. And I say that, Mr. Mayor, to say this I wouldn’t want one to be rushed into this situation. But the second thing but more importantly what I wouldn’t want is a situation where we have one question on a ballot to try to get people to come out to vote on. That’s not good in my mind in under any circumstances. So much to my --- Mr. Lockett: Chagrin. Mr. Mason: --- yeah I would prefer then if that were the case to get the bites of the apple while I have an opportunity. But I’ve been up here for this other SPLOST worked very, very hard as several other commissioners up here did with making it happen and helping it to get passed. We had the opportunity to do our due diligence as they say with our constituents because those are the ones who are actually going to vote on it versus us telling them all these projects that we want to do and we haven’t got input from the citizens who’s going to go cast the vote to determine whether it’s going to happen or not. So somewhere in this process we’re going to have to have a happy medium to where we’ve got this opportunity to get to our constituents find out what are those types of projects that they would like to see within this SPLOST project that they can support because they’re the ones who are going to have to go out and vote for it and assist us in that manner. But as it stands right now, Mr. Mayor, where we’re sitting I think we it is in the best interest with the information that we now have to move forward and try to meet the timeline as best we can. If we can it looks like we’ve got one bite at the apple and that would be in November of 2014 if we’re not able to do it by May. But I’m at the point right now to given the information I’ve heard to try to move forward to try to get us two bites at the apple. But I’m here to tell you if I’m not comfortable I won’t vote for that for May to be put on the May ballot if 21 I feel like I’m rushed and I don’t have the opportunity to address this situation. I just want to share this piece with you and I’ll end it. Mr. Mayor: I’ll give you another two. Mr. Mason: Thank you, Mr. Mayor. Having gone through this before one of the things I’ve learned through this process is, is when we’re building these buildings we do know that SPLOST we cannot use for maintenance and operation costs. And so then we wonder why we become in a deficit with the city government because we’ve got to now take over maintenance and operation costs that we did not have a front sight to address so you won’t be in a deficit. Try that in your household and see how that works. So as we move forward in this process if we’re building things if it’s not revenue generating and a court house is not parse, if it’s not a revenue generating operation than those are the types of things that we might want to stay away from. So that’s why I just say I want to have the opportunity to be able to vet this as much as possible. But given the information that we have right here in my mind I don’t have any other choice now but to move forward with what we’re trying to do here from that perspective. Mr. Mayor: Thank you, sir. And, Commissioner Lockett, I think I’ve recognized you twice. If you’d like another one minute --- Mr. Lockett: If I could. It’ll probably take me less than that, Mr. Chairman. I appreciate it. If you look at the official code of Georgia 48-8-11a and it talks about how you set these things up. And this is for the General Counsel if I may. It said that Commissioners send notice inviting Mayors to a meeting to discuss SPLOST projects (unintelligible) specified time, place and purpose of meeting. And it goes on but from this handout that we have here that it shows the rdrd process began December 23, there was no Commission involvement. January the 3 there was no Commission involvement. And like Commissioner Williams said we are the governing body so we’ve already according to what I’m reading here we’re going in the wrong direction. So, Mr. General Counsel, do you have any comments you can make on that? Mr. MacKenzie: Sure, I’d have to look at that law in detail to see what it refers to when it means Commissioner but it’s my understanding that’s what this is, is a vote to authorize the Mayor to start this process. I’m not sure where this document came from that has a timeline in it but it’s probably just a tentative timeline of when it could be done (inaudible). Mr. Lockett: But it seems to me based on what I have, Mr. General Counsel, the process has already begun. Mr. Mayor: Okay, your minute’s up, sir. Mr. Lockett: Thank you. Mr. Mayor: Yes, sir. Commissioner Guilfoyle, I believe I’ve gotten you twice. You have one minute. 22 Mr. Guilfoyle: Yes, sir. I’m going to do a point of personal privilege at the end of this statement. This body needs to realize one thing. Nobody’s passed two years this body had, part of this body had voted for Hyde Park at the tune of $18 million dollars when we only had $3.2. So we’re in the negative on that. They voted for this building here with a separate IT and extra building at the tune of $40 million dollars and now we’re forty, between Hyde Park and this building together we’re $40 million dollars in arrear at this point. But the point of privilege I would like Mr. Mason hit on a very good subject as far as maintenance and operations of these buildings we don’t need to be building. Madam Clerk, would you put on the next committee meeting on the Finance of alternative ways of doing away with the IT and the other out sourced building please? The Clerk: Yes, sir. Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Mayor: Thank you, sir. We have a motion to approve that’s been made and properly seconded. If there is no further discussion Commissioners will now vote by the usual sign. Mr. Fennoy, Mr. Johnson, Ms. Davis, Mr. Mason, Mr. Jackson, Mr. Guilfoyle and Mr. Grady Smith vote Yes. Mr. Lockett and Mr. Williams vote No. Motion Passes 7-2. 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 January 7, 2014. _________________________ Clerk of Commission 23