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HomeMy WebLinkAboutRegular Commission Meeting March 18, 2014 REGULAR MEETING COMMISSION CHAMBER March 18, 2014 Augusta Richmond County Commission convened at 2:00 p.m., Tuesday, March 18, 2014, the Honorable Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, D. Smith, Williams, Fennoy, Johnson, Jackson, Davis and G. Smith, members of Augusta Richmond County Commission. th Mr. Mayor: And with that I’ll go ahead and call to order the March 14 edition of the Commission. We have lost our Pastor. So I would ask that everybody stand for a moment of silent prayer and then join me in the pledge. The Pledge of Allegiance to the Flag of the United States of America is recited. Mr. Mayor: Okay, Madam Clerk, on to the delegations. The Clerk: DELEGATIONS A. Mr. Barry White, Augusta Convention & Visitor Bureau regarding tourism update. Mr. Mayor: And, Mr. White, if you could keep it to five minutes, please, sir. And I apologize for keeping ya’ll waiting out in the hall for so long. Mr. White: Is the clock running, Mr. Mayor? Mr. Mayor: You tell me when you want me to turn it on. We’re waiting for your presentation to get set up. Mr. White: Okay, thank you very much, Mr. Mayor and members of the Commission, for allowing us time to present a brief tourism update today. I would like to recognize a couple of people actually a past board member. Corey Johnson has been on the board of the Convention and Visitors Bureau. It’s been a pleasure working with him. Currently we have Wayne Guilfoyle and Commissioner Fennoy on the board of the CVB. And I’m joined today by Brinsley Thigpen the CEO of the Sports Council and Ms. Brinsley and we also I have a couple of board members from the CVB and the Sports Council in the audience who we appreciate them being here today. At the end of our comments Brinsley and I will both share in the annual report and the tourism report from the two organizations. And we’ll also share our city guide that we publish every single year. I’ll pass those out at the end. You know visitors to Augusta may be here for business, they might be here for leisure, they may be here visiting friends of family, they may be here for a convention event or a sporting event. Last year an average of about 5,000 people per day spent the night in our hotels in Augusta. And last year according to the Georgia Department of Economic Development those visitors spent $1.2 million dollars every day in Augusta. Hotel business was good overall and 2013 was another banner year. There was 5% increase in total hotel revenue and that equates to a 5% increase in sales tax paid on those hotels 1 so that’s a plus to the city and the tax totals. Tourism supported 4,300 jobs and direct spending was about $460 million dollars for the year. And that includes $12.8 million dollars in local sales tax total generated each year. Again, positive news for the City of Augusta. A new exhibit hall generated $17.5 million dollars and benefits to the city. That’s $9 million dollars in direct visitor spending the meetings and events that were held there plus the credit of an additional $8.5 million dollars of private investment in the new hotel, The Holiday Inn Express downtown. We installed another section, another portion of the city’s Way Finding Signs around the medical district, again one of largest economic generators in the area. The city’s sign system, this portion of it was $140,000 dollars and was paid for by four hospitals that committed funds to this project, GRU Medical Center, The VA, University and Walton Rehabilitation Health System. So visitors spend a lot of money when they’re in Augusta every single day. They bring new money in and we have some citizens here that helped make that a reality. Last year thousands of visitors came to our city and as a result of some of our people our local residents here that helped coordinate that. We call those people our Augusta Champions. Ms. Thigpen: Thank you, Barry, and thank ya’ll for having us. So an Augusta Champion is someone who works with the Augusta Sports Council or the Augusta CVB and they bring their meetings, their event, their sporting event or reunion to Augusta. They’re considered champions because a lot of times they work without getting a thing. And they bring a lot of people here. And these people come to our town and they spend money. And after they spend money we hope that their event was very successful which I’m sure it was and then they go home and talk about it, how great it was and how what they’re positive experience was in Augusta with friends and colleagues. Mr. White: Last year the CVB and the Sports Council worked with more than 90 Augusta Champions whose groups helped contribute more than $20 million dollars in direct visitor spending into our local economy. Many of them are here with us today and of course we did have a few that had to leave for some other reasons. But for those that are here with us today if you would please stand and be recognized. (APPLAUSE) Ms. Thigpen: Again it’s often a thankless job so we appreciate it. If everybody could please come forward right now and we would like to invite the Mayor to join our Champions to present a check to the City of Augusta for $20,252,385.00 that yielded in direct visitor spending based on their events. (APPLAUSE) Champions, come over for your picture real quick, hurry, hurry. Mr. White: Again go to the website Augusta Champions.com and learn more about the Champions and their contributions. And I’d like to thank the Mayor and the Commissioners for their time. I’d be glad to answer any questions if possible. Mr. Mayor: Commissioner Fennoy. Mr. Fennoy: How you doing? Mr. White: I’m good, thank you. 2 Mr. Fennoy: Some of the comments that I’ve been hearing lately concerned the events that are taking place in Augusta around the Masters time. The concerns that Rock for Dough had moved from the chief center to the Columbia County and that the Mayor he said that was going schedule this year would not take place. And their concern is to whether the events that would normally take place in Augusta is moving elsewhere and the impact of these events moving elsewhere have on the economy of Augusta especially the merchants downtown. Is there any way that you could address that issue? Mr. White: Well, first of all, we hate to see events not happen. We hate to see that. But the organizers of those events don’t continue them for various reasons. Hopefully some of those are temporary and they’ll come back. We found that spending during Masters Week overall we had never seen a down year, year over year. There were a few years when spending had its change whether events were going on or not. During a bad economy we saw businesses like caterers and transportation companies not do as well as they had previous years because of the less corporate hospitality taking place. But at the same time one year we saw that those same years we saw businesses in downtown Augusta simply a restaurant almost double during that week. But overall the spending was at an all-time high for that year. So it shifts around and again I think people will be spending money. I hope they’ll be finding some pleasant things to do while they’re here and we’ll just keep plugging away and if organizations need assistance we’ll try to help. Mr. Mayor: And, Commissioner Fennoy, I just want to speak directly to the Mayor’s Masters Reception. There’s a group working on trying to do something that Monday night and the issue that we had was being able to find an honoree because most of the older Champions have been honored. And the guys that can still contend kind of felt like we were putting them out to pasture and to honor them. So it’s just a difficulty where that unique situation of trying, sometimes guys have got to get a little older I think. But I think that (unintelligible). Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. I need some clarity on that. Are you saying that the event still can be held but we just wouldn’t have anybody in the ‘a’ group to get honored. But the event, and that’s what I’m hearing, I wanted some clarity from you now. Mr. Mayor: The event has always been organized by a committee that’s had a chairman. But the Mayor has, you know, been there to support it and everything. The committee who does all the work decided they couldn’t have a champion, you know, like in years past to where it was so quality that they didn’t want to move forward with the event. But there are other local groups that are looking to do another, you know, maybe change up the format a little bit but an event that evening. So --- Mr. Williams: Yeah and you may have talked with her, too, Sharon --- Mr. Mayor: Gordon? 3 Mr. Williams: --- Gordon who had made some conversation. I thought that was something we still could do because I think there’s people in Richmond County especially in Augusta who really look forward to doing that. Mr. Mayor: Believe me, my last year in office I sure didn’t want to not be able to find another aide so if I could’ve made it happen I’d have made it happen. Thank ya’ll so much. Madam Clerk, on to the next delegation. The Clerk: DELEGATIONS B. Mr. Les Morton regarding Special Purpose Local Option Sales Tax (SPLOST). Mr. Mayor: And if you could keep it to five minutes, please, sir. Mr. Morton: Mr. Mayor, Commission members, first I’m addressing this Commission as formally to request that you consider rescheduling SPLOST VII Referendum until the 2015. To support the basis of my request I will cover four particular areas of SPLOST Referendum, county outlay projects, auditing and reporting, reimposition and continuation of SPLOST and citizens redress. I also make reference to Georgia Code for SPLOST 48-8-110 gives a description of what the capital outlay projects are which are major projects which are permanent and long lived in nature. The expenditures that will be properly chargeable to a capital asset account as distinguished from current expenditures or ordinary maintenance expenses. Now 48-121(b) defines which types of projects are eligible under these expenditures such as roads, streets, bridges, sidewalks, bicycle paths, et cetera. 48-111 B-K specifically talks about the level one projects which are capital outlay projects that are for the use and benefit of the citizens in the entire county or municipality and they outline the particular types of level one projects such as courthouses, civic centers, local and regional jails, correctional institution facilities, public safety facilities, airports, things of that nature. Now in these two particular Georgia Codes you want to pay particular attention to 48-11(c) and 48-111(d). 48-8-11(c) states that a capital outlay project or projects must be operated by a joint authority or authorities of the county or municipality. 48- 8-1111(d) states that capital outlay project or projects must be owned or operated or both either by the county or municipality. Now in reviewing these state codes that I just talked about SPLOST laws specifically states that a county or municipality may not use SPLOST proceeds for operating expenses or maintenance of SPLOST projects or any other county or municipality facility. However 48-8-121(b) allows for the maintenance and renovation of level one projects which I previously spoke of in 48-8-111(0). It also states that you can use SPLOST funds for maintenance on roads, streets, bridges, bicycle paths for the improvement such as water drainage for roads, streets, bridges. You could also use it for patching but you cannot use SPLOST funds for operations. Now that brings up two particular types of questions. One, can SPLOST money be used to fund capital outlay projects on non-profit charitable or for profit organizations? Georgia Constitution 1993 Article 9 Paragraph 8 states the gratuities clause for the Georgia Constitution bars local governments from using SPLOST or any other public funds on capital outlay projects for non-public entities. This also includes for profit as well as not for profit organizations including charitable organizations. Now after examining the list of approved projects for SPLOST VII there are nine entities that fall into one of the categories previously 4 listed. One was even designated as a Special Purpose Government on a House Bill 942 in 1989 which gives them the power to enter into contracts, issue funds and receive federal funds and grants. That same charitable organization or that same organization or entity received $10 million dollars from SPLOST funding between 2006 and 2012. And that same entity is listed as the owner of King and Sibley Mills which is slated to receive --- Mr. Mayor: Okay, sir, I’m sorry your five minutes is up. Mr. Morton: Okay. Mr. Mayor: Yes, sir, Commissioner Lockett. I do, Commissioners, feel free to comment but I do want to be fair to everybody. Mr. Lockett: I’ll only take a, I understand that. I would just to how much more time do you think you need, two? Mr. Mayor, I would ask for an exception to allow him two minutes, no longer than two more minutes to finish. Mr. Mayor: That’s fine. Mr. Morton: Okay, the other part is about auditing. 48-121 talks about that all SPLOST funds are to be audited annually by independent CPA firms. And those reports are to be reported to the public. The other part talks about 48-122 talks about recording and reporting the findings from the independent CPA firm. Now one of the most important parts about this is 48-1112 which is the reimposition and continuation of SPLOST which states that no two SPLOSTs can exist at the same time. 48-8-112 states that any time no more than a single 1% tax or the part may be imposed within a special district. Then it goes on to say that you can have a referendum to approve SPLOST within one year so that there will not be a gap so that retailers do not have to recalibrate their registers. But it specifically states that no two SPLOSTs can exist at the same time. It also states that if you have a SPLOST Referendum it has to follow the original law which states that on the first calendar date or first quarter following 80 days after the election th SPLOST is to be implemented which means that if you have a SPLOST May 20 on the first calendar day 80 days after it’s approved, that means that in August or September you will have no SPLOST at the same time this SPLOST is operating which it clearly states that you cannot have. Now what redress do the citizens have? There are different types of redresses. One talks about Superior Court which you can file an injunction. A person or entity can file an injunction of which the Attorney General would have to investigate. Now where I get all my information -- - Mr. Mayor: Okay, sir, I’ve given you seven minutes which is extenuating what I usually give everybody so --- Mr. Morton: Right. Mr. Mayor: Commissioner Mason. Mr. Mason: Huh, yes sir. Mr. uh --- 5 Mr. Morton: Morton. Mr. Mason: --- uh, no MacKenzie. Um, --- Mr. MacKenzie: Yes, sir. Mr. Mason: --- the assertion here of dual SPLOST and the 80-day requirements to implement from a legal perspective what is your opinion of that statement? Mr. MacKenzie: Well, first I’d have to look at the details and exactly the timing. I think what this law prohibits is the collection of two SPLOSTS overlapping one another. So you can’t have more than 1% collection rate at a given time. It allows you to hold referendums and do the voting and all that but the table starts sequentially and so I don’t think that any activity that the government’s anticipating doing will ever come to the point where there will be greater than a 1% collection. And that’s what the law is designed to prevent. Mr. Mason: Okay, I get that. That actually wasn’t my question. My question was in reference to the SPLOST actually starting and being implemented I believe you mentioned about 80 days --- Mr. Morton: Yes. Mr. Mason: --- from the vote. So for instance so just that we’re clear if you can answer th this question. May 20 would be the election. So if what I’m hearing 80 days beyond that it would have to be, start to be implemented in terms of collection. Now what is your opinion as far as that goes in terms whether that’s a factual statement or whether that is law because what we’re looking at we know that our SPLOST goes into what March of 2016 or April? So that then that would, based on his statement that would be contradicting terms of when we would be able to start implementation of that tax. So what is your thought as far as that goes? Mr. MacKenzie: Sure. I would have to look at the specific laws and track out the calendar and look at it. I think what its saying is you can’t start it less than the given time required by law. You have another SPLOST that’s going. The law allows you to go and do your SPLOST vote and vote for a future SPLOST. You don’t start collections until you complete the collection period for your other SPLOST. Mr. Morton: Let me say this. I did not come up with this idea myself. I contacted the Attorney General’s office and the Georgia Municipal Association and the Association for Commissioners to get clarity because they’re the ones that wrote the legislation. And that’s from the 2004 and the revised edition in 2011. Mr. Mason: Well, if you don’t mind this is just a personal but I need a copy of what you have --- Mr. Morton: Sure. 6 Mr. Mason: --- and so I can kind of address it from a different angle and get some information since we don’t have a specific response at this point. And then we want to be able to make sure that our Legal can address the situation based on the information that’s given as well so we can be sure that we’re doing what the law requires us to do. Mr. Mayor: Do you need another two? Mr. Mason: No. Mr. Mayor: Okay. Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. From my previous conversation earlier about the SPLOST and we’re already committed, you know, we’ve been hearing that we need to fast track or we need to go ahead and be supportive. But if what we’re wanting to get a copy of I’m sure I could’ve had a copy or ought to have a copy of that. I’m waiting to hear something from him as to whether or not this is a smoke screen that we’ve got there because in his position I’m sure he’s got some form of explanation that we can use. Because that didn’t go sixteen that we already scheduled and we ought to get something and vote on it now. That ought not to be something to look up. That’s what we need ya’ll to have. And if you don’t have it, I’m surprised that you don’t have it. Do you have anything to respond, Andrew, on that? Mr. MacKenzie: Well, what I can say to that is this is consistent with an old process that we’ve utilized on other SPLOST with the SPLOST that’s expired. I don’t see anything on its face; I’ll review the newer law to make sure there’s nothing else in there. Also familiar with the ACCG guide on that as well. Ya’ll probably have a copy of that. And this is consistent with the process that’s been utilized in the past and as I’ve stated these are audited as required by law on a regular basis too and any inconsistencies with the process that’s in review will come up in those audits as well. Mr. Williams: So what you’re saying we broke the law before, it’s all right to continue to break the law. Mr. MacKenzie: I didn’t say that at all. It’s --- Mr. Williams: Well, I’m asking questions because if it was wrong, then that’s what I’m trying to find out. I don’t know if it was wrong. From what he just stated now if he got documents from the agency he contacted somebody’s wrong and like with Mr. Mason I’d like to have a copy as well but I thought our Attorney could tell us whether or not he was right or he was wrong. Mr. Morton: Well, actually you all should have copies of it because all my information comes from Special Purpose Local Option Sales Tax the guide book for the county officials. Mr. Williams: Mr. Morton, let me interrupt you. I agree we ought to have a lot of things and we don’t have them. I’m saying now I’ve got an attorney we pay to do that part for me. I 7 mean I’ve been to a lot of classes but he’s paid to do what I’m asking now so I understand that. And I’m not hearing anything from him so I really need to look at what you got so I can begin to compare to see just where we are. Mr. Mayor: Thank you, sir. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Mr. Morton, I want to say thank you. And I am familiar with the references you made, the official code of Georgia annotated. I’m familiar with Georgia Municipal Association on SPLOST and I’m also familiar with the Association of County Commissioners dealing with the SPLOST. And I think if you look at the minutes you will see where I’ve made comments that almost all the comments I’ve made over the past weeks are pretty much consistent with what you’ve said. I just want to thank you for taking the time to appear before this body. Mr. Morton: Thank you. Mr. Mayor: Thank you. Madam Clerk next, on to the consent agenda. The Clerk: Yes, sir. Our consent agenda consists of Items 1-21. And I’ll read the items under the Planning portion of the agenda and if there is anyone who has an objection to an item would you please signify your objection by raising your hand. Item 1: Is a request to approve with a condition a petition for a change of zoning from Zone LI (Light Industry) to Zone B-2 (General Business) affecting property located at 602 Taylor Street. Item 2: Is a request to approve a petition requesting a Special Exception to establish a Bureau of Prisons Residential Re-entry Center on property located at 602 Taylor Street. Item 3: Is a request to approve a petition for a Special Exception to establish a Family Personal Care Home affecting property located at 2275 Hampton Court. Item 4: Is a request to approve a petition for a Special Exception to establish a recreation field as an addition to a private school affecting property located at 3037 Wheeler Road. Item 5: Is a request to approve a petition for a change of zoning from Zone LI (Light Industry) to Zone HI (Heavy Industry) affecting property located at 2901 Gun Club Road. Item 6: Is a request to approve with conditions a request for a Special Exception to expand an outdoor shooting range affecting property located at 2901 Gun Club Road. The Clerk: Are there any objectors to any of these Planning petitions? Mr. Mayor: None noted. The Clerk: Under our Public Services portion of the agenda I’ll read the alcohol petitions. And if anyone has an objection would you please signify your objection by raising you hand. Item 7: Is to approve a request for a retail package Beer & Wine license to be used in connection with Circle K Store #1875 located at 3011 Gordon Highway. 8 Item 8: Is a request for a retail package Beer & Wine license to be used in connection with National Hills Amoco located at 2701 Washington Road. Item 9: Is a request for an on premise consumption Liquor, Beer & Wine license to be used in connection with M and W Holding doing business as Kitchen 1454 located at 1454 Walton Way. th Item 10: Is a request for a Special Event license Liquor, Beer & Wine for April 5 th through April 13 014 to be used in connection with Hooters Restaurant located at 2834 Washington Road. There will be a tent in the parking lot and Sunday Sales. th Item 11: Is a request for a Special Events Beer & Wine license for April 7 through th April 12 2014 to be used in connection with Wild Wing Café located at 3035 Washington Road. The Clerk: Are there any objectors to any of these alcohol petitions? Mr. Mayor: None noted, Madam Clerk. The Clerk: So that makes our consent agenda Items 1-21. Mr. Mayor: Lady and gentlemen, do we have any additions to the consent agenda? Commissioner Jackson. Mr. Jackson: Thank you, Mr. Mayor. I would like to add 27, 28, 31, 32, 33, 34, 35, 36, 38 and 39. Mr. Mayor: Okay, does anybody have a problem adding number 40? Commissioner Williams? Mr. Williams: 41, I’d like to add 41. Mr. Mayor: Do we have any further items to be added to the consent? Mr. Speaker: Can we add item 26? Mr. Williams: I’ve got some problems with twenty-five. You can’t add that one just yet but you can talk about it. Mr. Mayor: But you’re okay with 26? Mr. Williams: Yeah, I’m okay with 26. Mr. Mayor: Okay, we’ll leave 25 off. Do we have any further items to be added? Do we have any items to be pulled for discussion? Hearing none, I would look for a motion to approve the consent agenda. Mr. Jackson: So moved. 9 Mr. Fennoy: Second. Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner Lockett. CONSENT AGENDA PLANNING 1. Z-14-12 – A request for concurrence with the Augusta Planning Commission to approve with the condition that the following uses shall be prohibited – convenience store, liquor store, tavern and/or nightclub; a petition by Dismas Charities Properties, Inc., on behalf of John D. Moretz, requesting a change of zoning from Zone LI (Light Industry) to Zone B-2 (General Business) affecting property containing approximately .62 acres and is known as 602 Taylor Street. Tax Map 047-3-314-00-0 DISTRICT 1 2. Z-14-13 – A request for concurrence with the Augusta Planning Commission to approve a petition by Dismas Charities Properties, Inc., on behalf of John D. Moretz requesting a Special Exception to establish a Bureau of Prisons Residential Re-entry Center per Section 26-1(p) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately .62 acres and is known as 602 Taylor Street. Tax Map 047-3-314- 00-0 DISTRICT 1 3. Z-14-14 – A request for concurrence with the Augusta Planning Commission to approve a petition by Valerie A. Hobbs, on behalf of Auben Realty, 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 .46 acres and is known under the present numbering system as 2275 Hampton Court. Tax Map 071-1-138- 00-0 DISTRICT 2 4. Z-14-15 – A request for concurrence with the Augusta Planning Commission to approve a petition by Bill Wright, on behalf of Westminster Day School Inc., requesting a Special Exception to establish a recreation field as an addition to a private school per Section 26- 1(b) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 3.10 acres and is known as 3037 Wheeler Road. Tax Map 025-3-033-00-0 DISTRICT 7 5. Z-14-16 – A request for concurrence with the Augusta Planning Commission to approve a petition by Gun Club Road LLC requesting a change of zoning from Zone LI (Light Industry) to Zone HI (Heavy Industry) affecting property containing 1.75 acres which is being added to 2901 Gun Club Road. Being added to Tax Map 008-0-002-00-2 DITRICT 7 6. Z-14-17 – A request for concurrence with the Augusta Planning Commission to approve with the conditions below: a petition by Gun Club Road LLC requesting a Special Exception t expand an outdoor shooting range per Section 24-2(a)(17) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 1.75 acres which is being added to 2901 Gun Club Road. Being added to Tax Map 008-0-002-00- 0 DISTRICT 7 1. that the shooting range shall be surrounded by a minimum 20 foot high berm; 2. that no 50 caliber of fully automatic weapons be allowed on the range or any weapons or ammunition that cannot be legally permitted; 10 3. the applicant will record a plat combining the subject 1.75 acres into the adjoining 6 acre tract known as 008-0-002-00-0 before a business license for the outdoor shooting range is issued and; 4. the hours of operation for the range shall be Monday through Saturday 10 a.mm to 7:00 p.m. or dark (whichever comes first) and Sunday 1 p.m. to 7:00 p.m. or dark (whichever comes first) PUBLIC SERVICES 7. Motion to approve New Application: A.N. 14-10: request by James E. Miller for a retail package Beer & Wine license to be used in connection with Circle K Store #1875 located at 3011 Gordon Hwy. District 3. Super District 10. (Approved by Public Services Committee March 10, 2014) 8. Motion to approve New Ownership Application: A.N. 14-11: request by Ravi S. Rajput for a retail package Beer & Wine license to be used in connection with National Hills Amoco located at 2701 Washington Rd. District 7. Super District 10. (Approved by Public Services Committee March 10, 2014) 9. Motion to approve New Application : 14-12: request by Edward Mendoza for an on premise consumption Liquor, Beer & Wine license to be used in connection with M and W Holding DBA Kitchen 1454 located at 1454 Walton Way. District 1. Super District 9. (Approved by Public Services Committee March 10, 2014) 10. Motion to approve a request by Brett Althoff for Special Event license Liquor, Beer & th Wine for April 5 thru April 13, 2014 (Masters Week) to be used in connection with Hooters Restaurant located at 2834 Washington Rd. There will be a tent in the parking lot. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee March 10, 2014) 11. Motion to approve a request by Jan Scholer for a Special Events Beer & Wine license th for April 7 thru April 12, 2014 (Masters Week) to be used in connection with Wild Wing Café located at 3035 Washington Rd. Event will be in the parking lot, District 7. Super District 10. (Approved by Public Services Committee March 10, 2014) 12. Motion to approve proposed Mothball ordinance amendments so as to provide regulations to better address the concerns with boarded up nuisance properties and waive second reading. (Approved by Public Services Committee March 10, 2014) 13. Motion to approve a park caretaker residence agreement to be utilized by the Department of Recreation, Parks and Facilities. (Approved by Public Services Committee March 10, 2014) PUBLIC SAFETY 14. Motion to approve agreement between Effingham County Extended Care Facility of Springfield, Georgia (“ECECF”) and Augusta, Georgia (“Augusta”). (Approved by Public Safety Committee March 10, 2014) FINANCE 15. Motion to approve using Motorola to find a buyer for the Motorola Gold Elite Consoles that have been replaced at the 911 Center. (Approved by Finance Committee March 10, 2014) 11 16. Motion to approve the hosting and support agreement between the Richmond County Board of Elections and the SOE Corporation to provide online poll worker training to supplement existing training. (Approved by Finance Committee March 10, 2014) 17. Motion to approve the transfer of $10,000 from the Sheriff’s Department (Fund 273) to Accountability Court (Fund 204) for Drug Abuse Treatment & Education (DATE). (Approved by Finance Committee March 10, 2014) PETITIONS AND COMMUNICATIONS 19. Motion to approve the minutes of the regular meeting of the Commission held March 4, 2014 and Special Called Meetings held March 6 and 10, 2014. APPOINTMENTS 20. Motion to approve the appointment of Mr. Garry R. Kerr to the Board of Zoning Appeals and Jonathan Areves to the Transit Citizens Advisory Board representing District 1. 21. Motion to approve the appointment of Terrence Dicks to the Transit Citizens Advisory Board representing District 2. FINANCE 26. Motion to approve a request from the Garden City Rescue Mission regarding a refund of the shelter’s annual property taxes. (No recommendation from Finance Committee March 10, 2014) ENGINEERING SERVICES 27. Authorize continued funding of a U.S. Geological Survey (USGS) Gage on the Augusta Canal. 28. Award the purchase of three bulldozers to Flint Equipment Company, the lowest compliant bidder, for the Environmental Services Department. 31. Approve award of the Design Consultant Services Agreement Contract to Civil Services, Inc. (CSI) in the amount of $38,866.00 for Milledgeville Road Bridge at Rocky Creek – Bridge Maintenance, subject to receipt of signed contracts and bonds if applicable as requested by AED, (RFP 13-182) 32. Approve award of the Design Consultant Service Agreement Contract to Civil Services, Inc. (CSI) in the amount of $284,602 for Old Waynesboro Road Bridge over Spirit Creek – Bridge Replacement, subject to receipt of signed contracts and bonds if applicable as requested by AED. (RFP13-210) 33. Motion to determine that any and all roads, or portions of roads within Cherry Tree Crossing, as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. 34. Motion to determine that South Boundary Lane, as shown on the attached plat/legal description, has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the 12 best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies), as provided by law and restrictions and easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. 35. Authorize to execute Feasibility Cost Share Agreement with US Army Corps of Engineers and approve Capital Project Budget Change Number One (CSP 324-041110- 209824002) for the Augusta Regional Flood Control Feasibility Study in the amount of $318,950.00 to complete the Rocky Creek Flood Risk Management, Section 205 Feasibility Study in the amount of $318,050.00. Funding is available in the project contingency account for the AED. 36. Approve award of the Design Consultant Service Agreement Contract to Cranston Engineering in the amount of $100,780.00 for Scotts Way Over Rae’s Creek – Bridge Replacement, subject to receipt of signed contracts and bonds if applicable as requested by AED. 38. Request authorization to allow temporary employees to operate Utilities’ vehicles on Fort Gordon. 39. Approve Renewal of Water Audit Profession Services for 2014. PETITIONS AND COMMUNICATIONS 40. Motion to adopt resolution commending the Association of County Commissioners of Georgia (ACCG) on the occasion of its Centennial. APPOINTMENTS 41. Consider the recommendation of Downtown Development Authority (DDA) to appoint Dennis Welch to the seat held by Steven Kendrick on DDA. Mr. Lockett: I have one request to add an item to the agenda. Mr. Mayor: And do we have unanimous, well, let’s go ahead and vote on this first the consent agenda and then we’ll come to that item. Commissioners will now vote by the usual sign. Mr. Williams: I’m little bit confused now. We’re going to add those to the consent to vote on it but Commissioner Lockett’s got an issue down there that he needs to address because we’re going to take the vote before we do that? Mr. Mayor: Yeah, that’s all we needed. Since I’d already called for the vote we’ll just take the vote and then he’s got an addition to the agenda then we just look for unanimous consent to add. Commissioner Lockett. Mr. Lockett: Mr. Chairman, the Administrator just brought to my attention I think, was item 18 was that a part of the consent agenda? The Clerk: No, sir. 13 Mr. Lockett: Yeah, we need some discussion on number 18. I know that was a past from the Administrator. Mr. Williams: We ain’t done any pulling now. We added to but didn’t --- Mr. Mayor: I did request for items to be pulled for discussion. Mr. Williams: I remember we made the pulls but Mr. Jackson’s pulled this and that’s fine and then when Mr. Lockett had an issue with we want to go ahead and take a vote. Mr. Mayor: No, Commissioner Williams, I did say did we have any items to be pulled for discussion. And when nobody raised their hand I said hearing none can I get a motion to approve the consent agenda. Mr. Williams: Madam Clerk, did you hear that? The Clerk: Yes, sir, I heard him. Mr. Williams: Okay. Mr. Mayor: Okay, so we are now voting on the consent agenda with Item 18 pulled for discussion. Mr. Jeff Lewis: All items that were there before are good. Mr. Speaker: What were they? Mr. Mayor: 26, 27, 28, 31, 32, 33, 34, 35, 36, 38, 39 40, and 41. Then with Item 18 being pulled. Mr. Williams abstains. Mr. Guilfoyle out. Motion Passes 8-0-1. [Items 1-17, 19-21, 26-28, 31-36, 38-41] Mr. Mayor: I don’t think we added 37 but I guess we could come to that one. Mr. Jackson: (unintelligible). Mr. Lockett: Mr. Mayor, did you discuss or did I, you didn’t get unanimous consent of that one. Mr. Mayor: Do we have unanimous consent to add Commissioner Lockett’s agenda item to the commission meeting? Mr. Lockett: If not, I’d like a point of personal privilege. 14 Mr. Mayor: I don’t see --- Mr. Lockett: Can I have a point of personal --- Mr. Mayor: We do not have unanimous consent. Mr. Lockett: Can I have a point of personal privilege? Mr. Mayor: Yes, sir, Commissioner Lockett, I’ll give you two minutes. Mr. Lockett: Mr. Mayor, the only reason I put that on the agenda is I’ve done a lot of research I’ve talked with lots of cities, to be precise Columbus, Macon and I’ve done research on Athens and Savannah as well as their public transit is concerned. This is something that we’re going to have to do because as long as public transit is outsourced we can’t afford to do those things that we need to do. And I have some statistics that will show that to bring the transit in house it will be beneficial economically to this particular city. I don’t know how long we’re going to continue to kick this can down the road and do nothing about it but the longer we do that the more we’re hurting ourselves. I mean if I call in to take the time to go online or make a telephone call to some of these people that have outsourced their public transit but they brought it back in the house. The current company we have now, McDonald’s, had a representative in Athens-Clark County. They got rid of him. Savannah got rid of theirs. Macon and they all do it in house and they all have a much better transit system than we do. And they’re using a mechanism to generate the funds that’s needed so I just would hope that my colleagues would forget about this as Bill Lockett’s idea and go on and do something positive for the community. Thank you, Mr. Mayor. Mr. Mayor: Thank you, sir. Madam Clerk, on to the first and only pulled agenda item. The Clerk: FINANCE 18. Motion to approve exempting the Sheriff’s Department from the proposed 2.4% budget cut and task the Finance Director and Interim Administrator to come back on Tuesday with a recommendation of a funding source. Approve moving the expense of the purchase of a $15,000 IT program for the EMA Dept. to the IT Department relative to EMA’s 2.4% budget reduction. (Approved by Finance Committee March 10, 2014) Mr. Mayor: Ms. Allen. Ms. Allen: Mr. Mayor and members of the Commission. Mr. Mayor: And I would like to recognize the Sheriff who’s in the audience who’s here now. So Sheriff Roundtree, thank you for being here. Commissioner Smith. Mr. D. Smith: Mr. Mayor, I think that these are two separate items ought to be dealt with on two separate agendas. There’s no way we can lump both of those together approving the 15 expense of the purchase for the EMA, that’s a separate line item in the budget. And then the Sheriff’s thing is a line item budget so those ought to be taken individually because they’re not lumped together. Mr. Mayor: Commissioner Williams. Mr. Williams: I’d like to know how they got lumped together. We just went through this last committee meeting separate the Fire Department and the Sheriff. Who put these items together? The Clerk: Mr. Mayor, when Lena did the agenda she used the first item that was on the agenda and then she took the motion that actually passed and put that at the bottom of it. Mr. Williams: Okay, then they need to be separated. Mr. D. Smith: I make a motion that we separate these two motions. Mr. Williams: So moved. 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. Fennoy and Mr. Guilfoyle out. Motion Passes 8-0. Mr. Mayor: Madam Clerk, let’s address the Sheriff’s business first. The Clerk: Yes, sir. To approve exempting the Sheriff’s Department from the proposed 2.4% budget cut and task the Finance Director and Interim Administrator to come back on Tuesday with a recommendation of a funding source. Ms. Allen: Mr. Mayor, members of the Commission, the Finance Director and myself have looked and had a discussion that relates to how we can avoid the Sheriff’s Office being, reducing their budget by 2.4%. Each of you have been presented with a copy of the handout that we’re getting ready to present as you consider two options that we included. I’m going to go in with the Finance Department in the presentation and of course will address any questions that you may have. Mr. Mayor: Thank you, Ms. Allen. Ms. Williams. Ms. Williams: Good afternoon. I feel like I’ve already used my allotted time at the podium. I’ll try to do this pretty quick. This is information that you’ve already seen, the adopted budget that incorporated the reductions that was across the board which has some methodology as some implementation problems associated with it nonetheless, the instructions given on how the budget was adopted. Department directors and elected officials were advised that the reductions had already been taken from their existing funding levels that was approved by this 16 governing body. And they were asked to identify the line items within their budget that these reductions could be distributed to. Again the adopted budget was already released. We’re not reducing it further. It’s part of the adopted budget and it was passed by this governing authority, these reductions were already included to each department in the general funds and those that are subsidized by the general fund through operating transfers. The amount of budget reductions that have not been identified is $1.7 million dollars. The original starting (inaudible) was a little under 3.1. We had responses from operating departments and those were passed out to you in a previous meeting. These are the areas that have not identified reductions. There were some departments, this was also on a previous handout that used some different measures to accomplish their budget reductions. Planning and Development did it through reorganization as fee increases that has already been passed by this body and is in effect. The Tax Commissioner proposes to furlough his employees for six days and close offices. RCCI is planning to eliminate two full time positions. Recreation will eliminate eight full time, five part-time as part of their reductions. They counted the privatization of the golf course around midyear; that will be a decision that will be made by this as well. The reductions that were not identified in the general fund section, just the pure general fund, we’re not talking about the Sheriff’s reductions at this point are here, $267,000 belong to elected officials and other items in the general fund under the $69,000. The first option that we have pertaining to initially making up the Sheriff’s Department’s portion of the reduction which was approximately $900,000 dollars out of the $1.7 million, a couple of slides back. We talked again and again and again about the Energy Excise Tax. The most we can hope to collect if it is implemented at the proper time this year will start the third quarter of this year. We started these discussions back when the budget was being proposed to you. If they had been implemented at that time, we would have collected approximately $2 to $2.4 million dollars. At this point because of timing schedules and the way st that you can implement this, if it is implemented it will become effective October the 1 and you would get approximately $625,000 dollars from that revenue source. Of course it would continue on and we will not continue to lose the sales tax associated with this. What you’re looking at in 2015 is $3 million dollars. So we are trying not to be just reacting to the moment but we are trying to prepare for what is in front of us. Commissioner Smith eluded today to the hole we will find ourselves in when we start the 2015 budget which is kind of difficult to fathom right now that we’re three months into the 2014 talking about a hole in next year’s budget. If st you, if the Energy Excise Tax is implemented, if it becomes effective October the 1 and that funding is applied solely to the Sheriff’s Department on his reduction, we still are, have $265,000 dollars for the reduction that you need to get to. The option one is to ask the Sheriff kindly to come up with $265,000 dollars in his budget that he would identify that he could reduce. To get to the $1.7 million you still have to require all the other departments and elected officials to stay within the budget that was adopted and passed. That’s Option one. Option two still relies on the Energy Excise Tax. $625,000 dollars in revenue allocated to the Sheriff’s Department. To get to the 1.1 you could furlough your employees for five days. Unfortunately that also counts the Sheriff’s Department. If you do not include the Sheriff’s Department in the furloughs the remaining general fund employees would be looking 10-11 days. Back to the Energy Excise Tax. This is just some additional information where we were, how we got to where we are right now. This is not a new tax. We keep saying that again and again and again. House Bill 386 passed an exemption for those manufacturers that use energy in the production of their products. They gave them 4% from the state and 2% that belonged to us. $1 million is phased in, 25% for a year. We are in the second year of that phase right now. Next year is the 17 third year $3 million by the time it is fully implemented, we calculate losing approximately $4 million dollars which is equivalent to one mill on property taxes. This would be the timing to be able to implement that excise tax this year and going forward. There are several required meetings; we didn’t make up these requirements, it was published when the House Bill was passed. Mr. Mayor: Commissioner Smith. Mr. D. Smith: It seems like I’m always in budget discussions with ya’ll. I’m not sure but I’m not the Finance Chairman. I get on Mr. Guilfoyle all the time about that. Listen, I want to recap two things real quick. I talked about earlier this year I saw this coming when we were dealing with the budget and I pleaded with my colleagues to pass that excise tax. It is an existing tax. It is not a new founded tax, it is current money that the state in their wisdom decided to take away from us as an operating instrument and therefore it has caused us to be in this problem that we now face. The second part is let’s look long term beyond today. We have how many millions in the reserve fund or in the fund balance, Ms. Williams? Ms. Williams: Approximately thirty (unintelligible) the total what we probably, that was where we were before we started this year. We planned to use money out of fund balance. Mr. D. Smith: So we’re going to lose $4 million dollars out of fund balance --- Ms. Williams: Approximately four and a half. Mr. D. Smith: --- four and a half which brings us down to twenty five and a half million dollars. We haven’t maxed out on the amount that we’re losing from the excise tax yet. Ms. Williams: You are at fifty percent. Mr. D. Smith: That’s fifty percent so that’s another how many million dollars? Ms. Williams: You will lose, at the end of this you will lose $4 million dollars per year. Mr. D. Smith: So now we’re down to a total, we’re down to $21 million in the reserve fund. And then we haven’t even started to pay for this budgetary cycle that we’re in now which is another $4 million dollars, am I right, that we’re going to be short? So now we’re down to $17 million and then we’re going to work on the budget in July and we’re seven and a half million dollars off of that number. So now we, we managed to get the reserve fund by next January at the current rate that we are, we will manage to get that down to $10 million dollars. Ms. Williams: If --- Mr. D. Smith: If everything stays --- Ms. Williams: --- the budget and no new taxes. 18 Mr. D. Smith: --- and if none of the department heads and elected officials come in and say we need ‘x’ amount more money. Ms. Williams: Nothing happens. Mr. D. Smith: And if we don’t have any more emergencies, catastrophic emergencies. Ms. Williams: No. Mr. D. Smith: So everybody’s that, I’m just here to tell you we are in a position where we have to do something with this budget. This is a serious budget crisis that nobody wants to acknowledge. And as much as I want to support every department head we’ve got and every elected official we’ve got, there comes a point where we don’t have the money --- Mr. Mayor: I’ll give you two more. Mr. D. Smith: I’m done. I just want to point out the seriousness of this problem that we have in our community. This government is looking at being totally broke in three years. Those aren’t, I mean those aren’t made up numbers, they are numbers we have to deal with every day. Thank you. Mr. Mayor: Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. To my colleague this was just a serious emergency as it is today. We talked about budgeting and nobody likes to raise taxes and we knew we needed to do something. We can’t let the horse out of the gate and then go out and try to catch him. I mean you know about horses you got to have him corralled somewhere --- Ms. Williams: They’re easier to deal with. Ms. Williams: That’s right. So here it is now and I understand your frustration and where we are but you’ve got to make some hard decisions and you got to do them within the time to do them. At budget time when we could’ve raised the taxes when we do then we wouldn’t be where we are now. But we listened to other folks and say, okay, we’ll do it another way. I said before and I’ll say it again we have not done it any other Sheriff that come through. If the Sheriff says he needs ‘x’ amount of dollars I’m sure he’s done everything for himself that he can do but if you want to cut public safety you (unintelligible). When you talk about public safety I mean that’s first line. We have got to do what we need to do whether it’s to raise taxes or whatever else we need to do. We’ve been debating the bond issue, talking about it, bond money for fixing a building. Did we think about that when we were doing all this other stuff? Then we should have. I mean the Sheriff can speak for himself. I just don’t think that’s a (unintelligible). I can’t support it because I’m not going to sit here and say that I’m going to support cutting 2.5 I think off of his budget and we say well we don’t have the officers to put on the road so to speak. So what are you going to do are we going to sit here and cry about it. We’ve got to make some tough decisions and I hate it but I’m just --- 19 Mr. Mayor: And I’ll recognize Commissioner Smith in a minute. I just wanted to make a comment. The Sheriff and I have these discussions regularly. We are not a small town anymore. You know we are a growing mid-size city and so funding law enforcement in order to help with the growth that’s become the center of all this, you know, people want to have things to do, they want to be safe. And so I just think we need to shift and remember we’re not a small town. Commissioner Smith. Mr. D. Smith: I don’t, thank you, Mr. Williams, I appreciate you being mindful of public safety but I’m not advocating cutting the Sheriff’s budget. What I’m advocating is that we understand where we are in the budget and a two mill increase only gets us $8 million dollars. It only gets us $8 million dollars. It does not change the problem that we have. Two mills, if we pass the millage rate increase, two mills does not get us anywhere, it doesn’t get us flat is what I’m saying. And there has to be some, there has to be some consideration in this budget that we can’t tax our way out of this. We have to look at services that are nonessential that we have to be thinking of getting a reduction in. That’s just the matter. Two mills is not going to get us, it’s not going to do anything for us other than make the citizenry mad. That’s all I’ve got. Mr. Mayor: Commissioner Fennoy then Commissioner Lockett. Mr. Fennoy: Yes, and I guess, my question is what would it take so that when we get ready to budget come up with a budget for 2015, we won’t have this discussion. I mean the Sheriff’s Department has done an outstanding job. He has a track record. And I don’t think it would be fair to cut his budget because of the services that may be lost. But on the other hand we have 2,800 employees that will go without a raise. I think that each department that submitted a budget was a realistic budget and I don’t think it has an effect. This is what they need in order to operate. I don’t have a problem with the two mill increase and the energy tax. I mean what would that, what would that put us as far as our budget? Ms. Allen: We actually implemented the Excise Energy Tax as well as the two mill increase. That would take us where we need to go to be outside of the scope of needing to depend on (unintelligible). Mr. Fennoy: Okay and I guess my next question I know you probably, what do we compare our tax rate in Richmond County compared to other, you know, a lot of times when we talk about what a person makes we all, the salary always goes to a county. And we talk about what does the judge in that county makes, what does the Administrator of that county make. But what does counties that are the same size as Richmond County what is their tax base as opposed to Richmond County? Ms. Williams: As I remember, I haven’t looked at it recently but we were, Augusta Richmond County was in the lower 25% in all the counties in Georgia as to the millage rate that was levied. Now Richmond County is one of only, there’s three counties in the entire state Georgia that have a self-imposed tax cap which means that there’s a lid on the amount of millage that can be taxed in the general fund. In 2013 we were a little over 2 ½ mills under that cap. The cap moves every year and I will not be able to recalculate the cap until we get the digest from the 20 Assessor’s office and I bring you the information so that you can pass the millage rate to support the 2014 budget in July of this year. Mr. Fennoy: What would the 2 ½ increase, I mean what would that equate to --- Ms. Williams: Two million dollars. Mr. Mayor: Give you another two? Mr. Fennoy: --- on a $100,000 house? Ms. Williams: Each mill on a $100,000 house is approximately $35.00 a year. That’s a standard example. The $35,000 is actually an average home value and I think it’s like $104,000 that the math is easier on a hundred. And with a homeowners exemption one mill costs a homeowner $35.00. Mr. Fennoy: So a two mill would be --- Ms. Williams: Seventy. Mr. Fennoy: --- $70.00 a year, a dollar twenty-five, thirty-five cents a week. I mean I think it’s worth it if you, when you look at and our role when you look at the fact that employees have not received a raise, when you look at the services that the citizens of Richmond County is demanding I don’t think that’s being unfair. And at some point in time we’re going to have to again stop borrowing from Peter to pay his share. Mr. D. Smith: Mr. Mayor. Mr. Mayor: Actually, Commissioner Smith, I’ve gotten you two times but I’ll give you one more minute. Mr. D. Smith: I just want to, I certainly appreciate what Mr. Fennoy said but to make one more point about that $70.00 on a $100,000 house is no big deal I don’t mind that. But go give that two mills to the mall more it’s going to cost the mall and what does it cost all the major industries in town. So that’s who, this is all about. I mean they’re the ones who’s going to pay the majority of this. I just want somebody to know that. I don’t want anybody to think well it’s only $70.00 --- Ms. Williams: That’s (unintelligible) is one mill. These are the top twenty-five taxpayers from 2012 I believe. This is information that has to be included in all our documents so it’s readily accessible. The businesses are in blue are the ones that do not benefit from the energy tax exemption but would be paying an increased millage if that former discussion the energy, the money lost by the energy excise tax was to be made up and a property tax increase to most homeowners and business owners that do not benefit from an exemption if they had to make it up. This is the chart that’s been used in previous presentations. 21 Mr. D. Smith: Thank you. Mr. Mayor: Okay, I believe I will echo Commissioner Williams saying that we’ve got some tough decisions to make. I don’t know that we’ll make them today but we very much appreciate your presentation on this. Are there further questions? Commissioner Lockett. Mr. Lockett: You acknowledged me before you did Commissioner Smith but then you (unintelligible) but I appreciate it. You know it seems that every year we talk about cutting pay and every year we cut it. But the companies on this chart here I can assure you that all of them are actually, made a profit, every last one of them. And I can assure you also that over the last 12-24 months the price for their product and services has increased. How do you expect government to work year after year and be effective and constantly cut? I wasn’t supportive of any of the department’s budget being reduced because in my five years up here I’ve seen it year after year after year. And I think my colleague made a comment that there was no pay increase but yes there were now about $4 million dollars worth of pay increases that we didn’t directly authorize. But we’ve got to do better than that. I talked about briefly transit. Transit is a money maker for cities. The statistics show that if you have a good public transit system people tend to spend more money. This is something that could benefit the city. What we’ve got to do is month after month constantly talking about cutting, cutting, cutting what we need to be talking about is what Commissioner Williams talked about. Let’s get some revenue. Let’s bring some people into this community that’s going to spend their money and so forth. We don’t ever talk about that and we wonder what’s come up with a mechanism to increase our revenue it’s a quick no. I don’t want to listen to it. We got to stop doing that. Thank you, Mr. Chairman. Mr. Mayor: Thank you, sir. Is there, okay, I’ll let you make a comment. Mr. Williams: I just know that when you look at the agencies that work for this government well I’ll take that back. When you look at the businesses that we partnership with and talk about public transit and transit don’t make money but it creates an avenue to make money. When you look at how we pay contractors to come in here and they take the money home whether it be Richmond County, Columbia County or outside the state of Georgia. But all of these business folks up here who say they know how to run business I mean I’m really surprised. I don’t see that taking place. I’ve always been told, Mr. Mayor, it takes money to make money. We have money coming in but we make no money with it because we do the same thing we did before. Mr. Lockett mentioned a lot of stuff about Savannah, how they brought the bus back in town, $3 million dollars a year and brought it back in house and paid a million and a half. That’s a million and half we can pay back right there. But we run up and pay a company to come in and they pay employees to do the work when we can be doing the same thing. But (unintelligible) they gave a person a $100,000 a year to get the work done. So we want to pay a company to come in and they say look where we are. So I don’t understand the business mind that’s supposed to be up here knowing how to run business and know how to do things. The Sheriff’s Department it has a unique situation and I just you know with any Sheriff’s Department and I think we should be supportive and make a tough decision we can raise taxes but make sure when you raise taxes that the money is spent for what you raised for not just to raise taxes. And like you say, Mr. Mayor, two mills won’t get us nothing. Out of 150 counties in Georgia we are one of the lowest --- 22 Mr. Mayor: Okay. Mr. Williams: --- and we need to change that. Mr. Mayor: Thank you, sir. If we have no further discussion on this can we get a motion to receive this as information then we’ll go to 911? Mr. Williams: Mr. Mayor, is the Sheriff going to come back again? Mr. Mayor: I mean if you’ve got a suggestion --- Mr. Williams: My motion would be to exempt the Sheriff from the 2.4%, is that what we’re talking about, and let’s go on and find the money to do whatever he needs to do. Mr. D. Smith: I have a substitute motion. Mr. Mayor: Well, has that motion been properly seconded? Mr. Mason: Second. Mr. Mayor: Okay. Commissioner Smith. Mr. D. Smith: In order to satisfy the Sheriff’s, let’s not reduce his budget, I recommend that we implement the excise tax. Mr. Jackson: Second. Mr. Mayor: Okay. Ms. Allen: The excise tax would actually give us $625,000 dollars in 2014 because we have to go through that timeline that was presented --- Mr. D. Smith: It can’t start until October --- Ms. Allen: Yes, sir --- Mr. D. Smith: --- you can’t collect until October. Ms. Williams: You can’t implement it today. We have to start, you have to agree to start the procedure. But until you go through these steps, until the Mayor has the meeting with Blythe and Hephzibah, and they decide whether or not they’re going to honor --- Mr. Mayor: Everything starts with me meeting with Blythe and Hephzibah. 23 Ms. Williams: It does. You have to go through this procedure and we start the procedure with a directive from this body to go forward. Mr. D. Smith: My motion then will be to start the procedure for the implementation of the excise tax and apply the 2014 results of that towards the Sheriff’s deficit, towards the $800,000 dollars that we asked him to cut. That’s my motion. Ms. Allen: And how do we address the remaining amount? Would we continue to reduce that and come back in March with a budget meeting midyear and give you an update on where we are? And at that time the $265,000 dollars that’s remaining will be something that we will look at and address (unintelligible) we have to keep the budget adopted and make sure of everything else --- Ms. Williams: Yes. Ms. Allen: --- continues to be a part of the budget that you propose. Mr. D. Smith: Sheriff, would you be willing to work with us throughout the course of year (unintelligible) the $200,000 dollar difference? Mr. Mayor: Mr. Sheriff. Sheriff Roundtree: Thank you, Mr. Mayor, Commissioners. And I understand the difficult position that we’re in. To answer your question, Commissioner Smith, I would if in fact you’re going to actually try to solve this issue and not just postpone it. What we have to understand is and unfortunately the Sheriff’s Office functions just cannot function as every other department does. To laterally cut every department by 2.4% is not ideal for services. We have eleven holidays because we have $126,000 dollars per holiday. I don’t think other department heads have to work on holidays. Now if you suggest that my deputies can be off on the holidays then I will sit down and lead this Commission because that’s $1.3 million dollars that I can save. But I cannot afford to do that because I’d be taking officers off the street. So that’s what we talked about (unintelligible) and where you come up with 625 and then we are willing to continue this discussion throughout the summer. Then we would do our diligence on our end and try to abide by it. But again coming to the 2015 I think that this is an issue that definitely needs to be addressed that we do not provide the same function as every other department head. We are not a department head, I am not a department head, I am an (unintelligible) of that department and it doesn’t perform the same function (unintelligible). To answer your question again, sir, I’m more than willing to (unintelligible) but not at this time at the risk of jeopardizing public safety. If I feel like I get to that point then other steps will have to be addressed. Mr. D. Smith: Can I make a part of my motion that we come back and revisit this on July 1, Mr. Mayor? Mr. Mayor: Hang on one second because, Commissioner Fennoy, I’ve gotten you twice but I’ll get you for one more minute then I’ll go to one more minute for Mr. Williams. 24 Mr. Fennoy: Again we’re putting bandaids on an issue that we’re going to have to come back and talk about all over again. If we’re going to solve the problem still we need to go ahead and solve the problem. The excise tax and the two mill increase will solve the problems of the city. The staff will be able to properly maintain their budget and other issues that the city have will be able to be addressed. So I think that if we’re going to solve a problem we need to go ahead and solve the problems rather than just put a bandaid on it. Mr. Mayor: Thank you, sir. But I don’t just, Ms. Allen I’ll, but now would not be the appropriate I mean the two mills would be in the overall budgeting process. Ms. Williams: You can’t pass that now. Mr. Mayor: Yeah --- Ms. Allen: You would have to go through the whole entire process but if I could state something, Mr. Mayor and members of the Commission, we didn’t get into this predicament over night and believe me you’re not going to get out of it over night. But we are going to have to meticulously look at how we do our budgeting making sure that we try to look at the various mechanisms. And as you know stated earlier you know we’re one of the only agencies with the self imposed tax. So those are the things we need to look at as we go through the budget process in 2015. The Sheriff is right this is, you know, we’re doing something temporarily that’s going to hold him but it’s not going to allow him to do what he feels is necessary to meet the public safety needs. However, you know, we have employees that have worked and worked and have not been given any raises or anything else so we really need to particularly look at how we’re going to proceed with 2015 in our budget process. And in keeping in mind there are some real tough decisions that’s going to made by this body. But when we come back during the summer and look at this whole group we can get some of those decisions put out there. Mr. Mayor: Okay and, Commissioner Williams, I’ll get you for one more minute then Commissioner Mason. Mr. Williams: I just wanted to say to the Sheriff who he’s willing to work how can hire people to patrol per se if I’ve got to go back in front of the Commission and get, I mean I don’t see how that’s possible. When we look at the enterprise fund that we have around here that we can’t touch that got more money in, I don’t know if it’s got more money in the private funds car. I mean we got plenty of money in the enterprise fund and we get creative at the landfill out there who, we don’t even know. I mean there’s so much there that we need to bring back into this government so that we can make sure you and I guess your Sheriff’s Department but all the agencies get the proper funds to do their work that we want them to do. Mr. Lockett mentioned about economic development and growth. This body has not talked about one thing that would generate money coming into the city of Augusta, not one thing. Barry White just left here -- Mr. Mayor: Commissioner, your one minute’s up. Mr. Williams: Well, thank you, Mr. Mayor, but those are the things you got to do to be business minded in order to get money into the city so you have money to work with. 25 Mr. Mayor: Well and I’m just going to make one request too. Sheriff if you could look and I think you have connections all over the state and all southeast. There’s got to be innovative ways to fund law enforcement. One of the things that I’ve recommended as we’ve discussed downtown and keeping downtown safer if there was a way that you could implement parking meters because that’s a revenue source that we are leaving on the table that cities of our size, you’ve got a Savannah, you’ve got Charleston you’ve got all those other cities, they all have them. That’s a revenue source we don’t have access to and if you could dedicate that funding towards law enforcement in a certain area downtown that would take money, I mean that would provide money to your budget even if it was designating it for a certain area. But those are the discussions we need to have as well. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. Public Safety Chairman I’m not sure why we’re having this discussion right now. And, Sheriff, I appreciate you saying you want to work with us but the fact of the matter is we should be working with you. I know of one priority in my mind is Public Safety taking care of old bridges and those types of things and anything else is secondary. I think what may have gotten lost in this whole discussion is the fact that how should I say you’re being treated like a department head. The fact of the matter is you’ve been elected Sheriff of this county and it’s an office, it’s not a department. Therefore in my mind it shouldn’t be looked at the same way in terms of requirements or prerequisites that were put on department heads. That’s the first issue. So we’re putting, I’m not going to put a bandaid on a situation that requires surgery. And at this time we need to be doctors up here and do the right thing as it relates to the Sheriff’s office not department. You should be treated in that manner or as such as a department head and so we’re making an issue that isn’t an issue to me. That office needs to be exempt from this. Whatever else we need to do as a result of the rest of the department heads and everybody else that’s a whole separate issue. But to me it shouldn’t be treated the same as a Sheriff’s office versus a department head so I can’t support a temporary fix or a bandaid being thrown on this today. Mr. Mayor: Okay, we have a substitute motion on the floor that’s been made and properly seconded. Madam Clerk, if you could read it back for clarity. The Clerk: Yes sir. That was to start the proceedings to implement the excise tax and to apply that funding savings to the Sheriff’s office. And that the Sheriff will work with the city through the rest of the year to try to achieve the difference in the amount that would be needed st and also to come back and revisit the issue on July the 1. Mr. Mayor: Okay, Commissioners will now vote by the substitute sign. Mr. Lockett: Mr. Chairman. Mr. Mayor: Hang on, Commissioner Locket, let her call the vote. Mr. Lockett: I voted no. Mr. Mayor: Oh, you haven’t voted? 26 Mr. Lockett: That’s why I had my hand I need a little clarity there. Mr. Mayor: Okay, Commissioner Lockett and actually the vote had been called for so officially we need to --- Mr. Lockett: I was going to vote but I just wanted to know what I was voting for. Mr. Mayor: She just read back the --- Mr. Lockett: That’s what’s got me concerned. Mr. Mayor: Okay. Mr. Lockett: I just want to know is that just for this one quarter the $625,000 dollars or is that for subsequent years? Mr. Mayor: It’s just starting off for this year. Mr. Lockett: No, I mean but does it continue over to the next year? That’s what I’m wondering. So if we do the excise tax --- Mr. Mayor: Ms. Williams, if you please. Ms. Williams: The $625,000 dollars worth of revenue would be realized for this year for the Energy Excise Tax. The Energy Excise Tax will stay in place until repealed by this body as a whole. The effect that you would receive or a revenue string for 2015 would be approximately $3 million dollars. In 2016 going forward it would be approximately $4 million. Mr. Lockett: All going to the Sheriff’s Department. Mr. Mayor: That’s decided --- Mr. Lockett: I just wanted to make sure that’s all. It would be all right with the Sheriff I know. I apologize for the hold up there. Mr. Lockett, Mr. Jackson and Mr. D. Smith vote Yes. Mr. Fennoy, Mr. Johnson, Ms. Davis, Mr. Mason, Mr. Williams and Mr. Grady Smith vote No. Mr. Guilfoyle out. Motion Fails 3-6. Mr. Mayor: And, Madam Clerk, we have a primary motion on the floor as well. The Clerk: Yes, sir, that was to exempt the Sheriff’s Office from the 2.4% budget cut. Mr. Mayor: Commissioners will, Ms. Allen? 27 Ms. Allen: I guess the question becomes where does that additional $889,000 come from. Does it come from the rest of the departments because then you would not have a balanced budget. And I do understand Mr. Mason’s concerns about that actually being in the Sheriff’s office being included however that was what was adopted by this Commission in 2013. So going forward as part of your budgeting process if you would not let the Sheriff’s office be considered in the adjustment that would take place, but however in order to fix what was currently done or to modify that you have to have a funding source to supplement the eight hundred or take the place of the $889,000 dollars that you’re asking that the Sheriff be exempted from. Ms. Williams: You are required by law --- Mr. Mayor: Commissioner Smith and then Commissioner Fennoy I’ve gotten you three times. Commissioner Smith. Mr. G. Smith: I just wanted to know what was the tax on Public Safety and the (unintelligible) nuisance around this area. And I think the Sheriff’s Department has done a great job zeroing in on. I’d rather be safe than make a few extra dollars. But I think we need to work with the Sheriff. It’s a big department and a lot of headaches and I think that we need to stand behind him and show everyone involved that we’re behind him 100%. Ms. Allen: The other option that you have is if this Commission this body wants to say that we’re going into general fund to you know fund balance to do this which is not what we would recommend because we’re already looking at balancing the budget for $1.5 million dollars from fund balance. That would be the only option or you would have to either receive with some additional cuts from the rest of the departments, maybe some potential employees who’s in positions or other mechanisms to fund that $889,000 dollars. Mr. Mayor: And let me just say because, you know, we’re kind of in a difficult situation. This is in a regular meeting and not a Special Called Meeting where we’re not limited on the amount of time we can discuss it. We have other agenda items. I know we have a primary motion on the floor but would the Commission be amenable to me doing a Special Called Meeting to address this issue specifically? We’ve already had a good bit of discussion about it but I think it needs you know we’ve got to have a, I’m all for fully funding law enforcement but we’ve got to have a revenue source to do it. Would the Commission be (unintelligible) with that? Okay. And, Commissioner Williams, I’ve already gotten you three times on this issue so. Mr. Williams: Mr. Mayor I just, I mean I --- Mr. Mayor: Commissioner Williams, I know. That’s why I do it to be fair to everybody and I hate to (unintelligible) but this issue does deserve our primary attention. Mr. Williams: Point of Order then --- Mr. Mayor: I’ll give you your second Point of Order. 28 Mr. Williams: Yes, sir, my second Point of Order. How can we intelligently make a decision about issues as important as this is when we’re going to put a time frame about how many times you’ve been recognized? So --- Mr. Mayor: Because, Commissioner Williams, when we ask employees to follow policies and procedures and we have set policies and procedures that govern us I think it (unintelligible) and sends the wrong message to our employees when we’re not willing to follow our own policies and procedures, which is why specifically I’m asking for a Special Called Meeting to address this issue because we don’t need to be bound by time limits or a number of times to be recognized. Mr. Williams: We are the governing body, Mr. Mayor. We --- Mr. Mayor: But we have policies and procedures that govern us as well. So we have a, yes, sir, Sheriff. Sheriff Roundtree: Just one additional thing and I think it will not be prudent of me to make the body aware of this. I understand you have to find a funding source. (unintelligible) so we can reduce my budget if it doesn’t interfere with public safety. I want ya’ll to show where those cuts come from and show exactly why you reduced them and exercise them. There is Georgia law, there’s case files in Georgia that says you cannot reduce the Sheriff’s Department’s budget arbitrarily as a part of (unintelligible) across the board. There have been two case files on that. That’s not the direction you want to go but either way a funding source is going to have, for me to properly protect this city that we feel that I have adequate deputies to do it. This is something that’s going to have to be addressed (unintelligible). Mr. Mayor: Mr. Mayor Pro Tem. Mr. Johnson: Thank you. I think what we need to do at this point, I understand the body being concerned about taking out of the fund balance right now and the Administrator but I think that’s going to be the only option we have at this point. But what we probably need to do is have a conversation with (unintelligible) on how we’re going to balance that because at the end of the day he’s absolutely correct. That shouldn’t have even been an option at the time it was voted on. I think we deal with we go ahead and get this out of the way. If we deal with that we deal with how to supplement that $900,000 dollars in a work session. But that’s the only negative that I can say we can put in place to get rid of that and get him going and we deal with that issue. That’s the elephant in the room we need to be dealing with. We don’t need to go back and forth on whether or not we fund that or what have you. That needs to be done. We go on and vote on that today and then we can deal with how to I guess supplement. That’ll be done in the work session. But we’ll just have to dig that out and figure it out. It’s going to have to be up to this body to make that decision and I think that’s going to be the best way to move forward. Mr. Mayor: And if the motion carries today to exempt the Sheriff’s of this then and I will go ahead and the call a Special Called Meeting for later on this week to identify a funding source 29 to get the consensus from the Commission to identify a funding source. Mr. MacKenzie, did you? Mr. MacKenzie: Just recommend to make sure you’re in compliance with the law that says you have a balanced budget that you identify in this motion that the source of funding passed with this motion will be from general funds. Then the Special Called Meeting will be to identify additional sources to increase the general fund. Mr. Mayor: Okay. Does the maker of the primary motion want to include that in the motion? Mr. Johnson: I was the maker of the original motion. Mr. Mayor: Madam Clerk, could you for the point of clarity read back the original motion? The Clerk: The original motion to exempt the Sheriff’s Department from the budget cut. Mr. Mayor: Okay, it did not identify --- Mr. Johnson: I was the one that put that item on the agenda so I mean I guess I will be the maker of that motion but you’re asking me to amend it. The Clerk: I have you making that motion, Mr. Williams. Mr. Mayor: Okay. So you’re fine with amending your motion to (inaudible). So, Madam Clerk, could you now read back the primary motion as amended? The Clerk: Okay. To exempt the Sheriff’s Office from the 2.4% budget cut and identify the general fund as the funding source. Would that be correct? Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: Yes, Mr. Mayor. I would hope that we would take that one step further given information that we obtained today and actually already knew. We’re talking about exempting him from the budget for the 2.4% but not only that I believe he should be exempted period from this point forward as an office and not a department. And that gets us to where we need to be futuristically and we won’t have that as an issue. Just a suggestion, Donna I see your eyes are getting a little big there. I’m not sure exactly what you’re thinking but from that and from budget cuts. Mr. Mayor: I was going to say, Commissioner Mason, I don’t think we can bind future commissions and you’re going to be --- Mr. Mason: The law is clear. 30 Mr. Mayor: But there are going to be three to five new commissioners sitting in here next year so --- Mr. Mason: Well, we’ll all still be the same, Mr. Mayor, and with all due respect I mean we bind this commission to all types of financing (unintelligible) take us to the next five or ten years to get out of it already and we’re continually doing that even with some of the things we did earlier today. So you know I respect what you’re saying there but that really had not been utilized in other instances. So I’m not sure why it was used in this particular instance to bring that particular point up. But I’ll yield to that. Mr. Mayor: Well, 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. Ms. Davis votes No. Mr. Guilfoyle out. Motion Passes 8-1. Mr. Mayor: Now the separated agenda item, Madam Clerk. The Clerk: Yes, sir. FINANCE 18. To approve moving the expense of the purchase of a $15,000 IT program for the EMA Dept. to the IT Department relative to EMA’s 2.4% budget reduction. Mr. Mayor: Yes, sir, Ms. Allen. Ms. Allen: That’s an easy one. That has been taken care of in our emergency meeting fund that we budget for each year so we have taken care of that. Mr. Johnson: Move to approve. Mr. D. Smith: Second. Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioners will now vote by the usual sign. Mr. Mayor: God Bless you, Ms. Allen. When you said that’s an easy one it just was music to my ears. Mr. Guilfoyle out. Motion Passes 9-0. Mr. Mayor: Madam Clerk, on to the regular agenda. The Clerk: 31 PUBLIC SERVICES 22. Consider changing the ordinance dealing with the compensation for the Airport Director. (No recommendation from Public Services Committee March 10, 2104) Mr. Mayor: Commissioner Smith. Mr. D. Smith : Yes, sir, this is mine. I asked that it respectfully be moved back to the th next committee. I’ve talked to the chairman, Mr. Lively, and they’re going to bring it up on 27 So I ask that be moved back to the committee. to their commission and then we’ll meet again. Mr. Mayor: And that comes in the form of a motion? Mr. D. Smith: Yes, sir, it does. Mr. Fennoy: Second. Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioners will now vote by the usual sign. Mr. Guilfoyle out. Motion Passes 9-0. Mr. Mayor: Madam Clerk, next agenda item please. The Clerk: PUBLIC SAFETY 23. Motion to approve allowing the Public Defender to hire four attorneys with available state funds and unspent 2013 city funds rolled forward. (No recommendation from Public Safety Committee March 10, 2014) Ms. Mason: Good afternoon --- Mr. Mayor: Yes, ma’am. Keep it to five minutes please. Ms. Mason: --- basically as I told you when I was here last we had some employees who were at county funded state pay and we’ve had some vacancies and personnel we’ve had some adjustments so we ended up with about $201,000 dollars that the tricounty budget had already allocated to employees. And I asked you for some positions last year that wouldn’t require new money. This does not require new money. There’s about $201,000 dollars in state funds (unintelligible) which would fill out the Superior Court and Juvenile Court positions as county funded, county paid employees. And the distinction between county funded and county state paid employees is the difference in the benefits. The benefits on the state side retirement is going up to 21.6% in July so it’s about a 20% retirement on top of that. 5% is administrative fees, health insurance, we’ll know at the end of June what that goes up to. And all that’s tacked 32 on to the top of salary for a state, (unintelligible) state employment. What I’d like to do is use this money and just start to begin the process of converting all of our funds to county funded county paid employees. Mr. Mayor: Commissioner Smith. Mr. D. Smith: All right, Ms. Mason, since we didn’t get this in committee and you brought all of this stuff down here for all of us to read which most of it is not very germane do you want to ask her all of the questions or would you like me to have this sent back to committee so we can answer them otherwise we’ll be here for an hour. Which one do you want to do? Ms. Mason: Whatever is the Commission’s pleasure. Mr. D. Smith: All right. Do ya’ll want to be here for another hour? You’re wanting us to let you hire four more people and you talk about case load and that kind of stuff. And my notes immediately say affable defenders are defending a case here today, a murder case. Your folks are (unintelligible). Is that right? Ms. Mason: That’s correct. Mr. D. Smith: And you’ve got private attorneys that you hire out, this conflict attorney, right? Ms. Mason: Actually the Georgia Public Defenders Standards Council hires (inaudible). Mr. D. Smith: But my point is we spend money, your office conflicts itself out so ya’ll don’t represent everybody that’s goes down there. It’s in the trial, am I right? Ms. Mason: That’s correct. Mr. D. Smith: And ya’ll don’t represent the people that actually hire an attorney because there’s some people that do that here in the state. Ms. Mason: That’s correct. Mr. D. Smith: So you’re wanting us to fund that you at an even level with the District Attorney’s office who cannot conflict themselves out of any case and who can’t hire somebody to prosecute that murder, that capital offense case and they have to handle all that. And you want, you’re saying to us is that funding ought to be equal? Ms. Mason: I’m saying the positions, I don’t know what positions the District Attorney, that’s up to them. I mean, I can tell you what we do. Mr. D. Smith: Well, at this point it would put you beyond what they have over there. And in Juvenile Court, tell me about Juvenile Court. Which ones can handle cases in Burke, Columbia and Richmond? 33 Ms. Mason: No, this is just Richmond Juvenile. Burke and Columbia have made their own arrangements for this year. Mr. D. Smith: And so that’s another point. The DA’s office is again handling Burke, Richmond and Columbia with less people. And you’re wanting us to give you more people and you don’t have those two counties. Ms. Mason: Respectfully, Commissioner Smith, we also don’t have the resources of law enforcement and all that. Mr. D. Smith: That has nothing to do with attorneys. You’re asking for attorneys here. You’re not asking for anything else, you’re asking for attorneys. Ms. Mason: Well, attorneys are ultimately one of the things that move cases in the courtroom. Mr. D. Smith: How many cases, how many I’ve asked this and I’ve yet to get an answer. How many conflict cases get sent out? Ms. Mason: Which conflicts are you talking about? Mr. D. Smith: I’m talking about how many cases do you send out that you conflict out between State Court, Juvenile Court and Superior Court. Do you have a breakdown? Ms. Mason: State Court we send out under conflict contracts we sent out 26 through last September. And then when I worked on the numbers yesterday there about 23 more that have been assigned out on a daily basis. Mr. D. Smith: How about Superior Court? Ms. Mason: Superior Court our conflict rate is running about 10%. Mr. D. Smith: Which is what, how many cases? Ms. Mason: Well, the last year, I can get you those numbers but it’s about 10%. I can give you the numbers --- Mr. D. Smith: Well, that would be important because that shows when you have a need or not. And here’s my point about this. I had two people from your office that were formerly with your office, they called me up and said hey listen, at the end of the year --- Mr. Mayor: I’ll give you two more minutes. Mr. D. Smith: Thank you. At the end of the year we were told to go out and spend money. 34 Ms. Mason: Who told you that? Mr. D. Smith: I mean I can drag them over here. They don’t work for you anymore. But they came, one was an attorney and one of them was an investigator and said they were told to come, we had to spend money at the end of the year. Ms. Mason: That’s absolutely incorrect. Mr. D. Smith: Okay, but my point is you have not demonstrated the need for more people. You don’t have any cases languishing in court that are not being, and this thing about down there in Wilcox and Ben Hill county they have two people. You’ve got 20 something attorneys. It’s not like we’re under funding you. Ms. Mason: Well, we are the third largest defenders office in the state. Mr. D. Smith: I understand but you don’t need, you have not demonstrated that you can’t get your job done. None of the judges are complaining, the Juvenile Court, the Chief Judges are complaining but that’s about something entirely different. He wants out of the system. Ms. Mason: Well, I have no control on what the judges complain about or don’t complain about. Mr. D. Smith: I want you to demonstrate to us how we need more money because the clearly the case load is not that significant over there. Ms. Mason: Well, we have to be there whenever the court --- Mr. D. Smith: I understand. The DA’s office has to be there the Solicitor’s office has to be there too and they can’t opt out. So we can’t be equal funding because it’s not equal work. Ms. Mason: It’s different but it is what it is respectfully --- Mr. D. Smith: I understand but you heard us sitting here trying to save money this county the Sheriff needs $900,000 dollars and you want us to spend $200,000 more and you can’t demonstrate a need. And I ask my colleagues to understand that. There’s no demonstrated need. Thank you, Mr. Mayor. Mr. Mayor: Commissioner Williams then Commissioner Fennoy. Mr. Williams: I’m not as abreast to your job (unintelligible) goes on but I am concerned about your people that come through and making sure they do the representation that they need to do. You said that there was no new money, that this was money that we already have. Is that right? 35 Ms. Mason: This money that you allocated last year, yes, sir. The money that goes up to the state and one year we had to send them $155,000 dollars. The calendar year 2012 we had $12,000 left over. What they do at the end of the year is they send you this is you either owe money or we’re sending you back money. And so but this money wouldn’t all come back strictly to Richmond County because it’s out of the Superior budget and part of it would go to Burke and part would go to Columbia as well if it were refunded back entirely. Mr. William: How many people are you looking to hire in addition? Ms. Mason: Two additional attorneys for Superior Court and two attorneys for Richmond Juvenile Court. Mr. Williams: And the employees would continue next year as well? Ms. Mason: I expect so because we continue to move people from our, people leave in the future, I mean the county funded state paid contract we want to continue to move them to county funded/county paid which will reduce that benefit cost that’s really eating us out. It’s running about a hundred, for every dollar we spend in salary we’re spending about .65, .63/.65 cents on the dollars in benefits to the state. And it just, it’s a cost we have no control over and whenever the Board of Community Health says they need more money, they send the bill to the agency. When the retirement system says they need more money, they pass the increase on to the retirement system and they pass it straight on to the agencies and they say pay it. Mr. Williams: Well, I’m going to make a motion this motion to approve this, Mr. Mayor --- Mr. Lockett: Second. Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner Fennoy, would you? Mr. Fennoy: I was going to make a motion to approve. Mr. Mayor: Okay. 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. D. Smith votes No. Mr. Mason and Mr. Guilfoyle out. Motion Passes 7-1. Mr. Mayor: Madam Clerk, next agenda item please. The Clerk: PUBLIC SAFETY 36 24. Discuss city’s procedures regarding security of electronic and other city records. (Requested by Commissioner Marion Williams) Mr. Mayor: Commissioner Williams, I think this was you. Mr. Williams: Yes, sir, Mr. Mayor. In lieu of what we were talking about with the budget and what was said to the law agency we don’t have anything to go on with those records that are supposed to have gotten from Mr. Russell that he had. I need to know where we are with security as far as making sure this doesn’t happen again. Can somebody --- Mr. Mayor: Mr. Hewitt. Mr. Hewitt: Thank you, Mayor, Commissioner Williams. Currently any items that are deemed to be mission critical we are backing those up. Emails are not being mission critical as they (unintelligible) by the body. We have made security changes in IT to accommodate those. Mr. Williams: Okay, I need to go back here. What I requested from them and I think Commissioner Mason may have requested it too but I’m not going to speak for him. I requested the old hard drive before that was supposed to be secure in a vault somewhere. Is that still --- Mr. Hewitt: (inaudible). Mr. Williams: --- I requested a copy of that that I haven’t gotten. I was told that it was not there so I need to know is it in or is it out? Mr. Hewitt: The physical hard drive we do currently have locked in a safe environment. The copy of the hard drive that you requested can be made available any time. Mr. Williams: Did I or did I not request that from you? In fact the email came from the Clerk that I never got a response from. But did I not request that? Ms. Allen: Yes, sir, you did. But also the information that we received in the past and being here and having a conversation on it because initially when that hard drive was looked at we were advised by I think the Mayor at that time requested that someone from the outside come in and we never did have that information to present to the Commission because an attorney from the outside actually said that it was not feasible for us to move forward. And I supplied you that documentation or what have you. Mr. Williams: I need that documentation. And first of all the Mayor don’t have the authority tell you or anybody else what the Commission requests that we cannot have. Ms. Allen: No, sir, let me clarify. Mr. Williams: Clarify, clarify. Ms. Allen: Not recent, this was a past request --- 37 Mr. Williams: Any time whether it be yesterday or two years from now I’m clarifying for future reference the Mayor don’t have authority if the Commission asks you for something in IT. Now you explained to me in Legal and back that it was not there. I asked you for a copy that you were supposed to have retained it for all this time. And you said it was not there. I think Mr. Mason, I can’t speak for him but he himself asked for a copy. I asked the Clerk to email you to make sure that you understood what I was asking for but I have not received it to this day. Now I hear you said that you emailed and I don’t know what else but who decides what’s important or what’s legal or what’s critical for this governing body? Mr. Mayor: I’ll give you two more minutes. Mr. Hewitt: To make sure there’s no point of misinformation. The hard drive that we have is Mr. Russell’s old hard drive. And you asked can I give you a copy of that. I can give you a copy of that hard drive at any time. The information that Ms. Allen’s talking about or whatever was told to you in Legal session I wasn’t privy to. Mr. Williams: Okay, I asked Ms. Allen because there’s two separate incidents, Mr. Mayor. Now you might give me two more because there’s things I don’t understand. There was two different incidents --- Ms. Allen: Yes, sir, you’re right. Mr. Williams: The first one I’ve got that the lawyer said there’s going to be a voluminous amount of information on and it’s going to take a scientist where with a jet airplane tied to it to be able to get it. And that was a lie. It didn’t do that. I got it overnight like that but it wasn’t nothing there. Ms. Allen: That’s the one that Mr. Hewitt is talking about. Mr. Williams: Okay, but I’m talking about the very first one that was supposed to have been put in the safe. Ms. Allen: That’s (unintelligible) clarify. Mr. Williams: The very first one that was supposed to have been put in the safe that I asked for and had the Clerk to email and I haven’t got that as of yet. Ms. Allen: Just to make sure we clarify. The initial one you that actually used on, that’s why I was referring back to the process that had taken place. We do not have that because at that time there was a legal proceeding provided to the Commission that stated that we were not to provide that information and based on the Commission that was there at that time it was approved and agreed upon. So there was never any information that was provided for the hard drive. The hard drive that Gary’s talking about --- Mr. Williams: No, ma’am, that’s --- 38 Mr. Mayor: Commissioner Williams, just to clarify too the outside legal counsel that was brought on was Quentin Seay out of Atlanta. That was approved by the Commission. That was not at my directive because I can’t just say bring on an attorney. So he issued a legal opinion after reviewing the situation. Mr. Williams: I understand that. That security, that document was supposed to have been secured and locked down in a safe. I was here at that point. I was one of those Commissioners. Mr. Hewitt: I was here then too Commissioner. Mr. Williams: I understand. Mr. Hewitt: (unintelligible) It was not to be (unintelligible) moving forward at that time and we do have that information (unintelligible). Mr. Williams: Well, I need to get a copy about that asp. But, Mr. Mason, I think you was told, I’m not going to speak for you but – Mr. Mayor: And let me just clarify and just share something with the Commissioners up here. Last week my executive assistant, Al Dallas, spent three hours with the Garrison Commander from Fort Gordon who specifically stated that the Pentagon has expressed several concerns with the city of Augusta, one being the commission and in particular the hard drive issue as well as the school system they felt like it was (unintelligible). Well, but we shared that we are as we looked at bringing in Cyber Command they’re looking at us every minute. So that comes directly from the Pentagon. And I did just want to make my colleagues aware of that. Mr. Williams: Mr. Mayor, I understand that. But I’m not going to sit here and break the law, allow someone to break the law because somebody’s looking at us. We ought to be looked at when those types of situations are being handled. So when I asked for something and it was approved right here in this body that you have no right, not you personally, but any elected official can ask for any document in this city that we need to look at. The attorney who put us off for almost three weeks or months saying it’s going to be voluminous and we couldn’t get to it and then find out that we could but by that time it wasn’t nothing there. And I take an issue with that. Mr. Mayor: Commissioner Mason. Mr. Mason: Thank you. My interest in this whole thing and I think I’ve said from the beginning was that, that we’ll still repeat this type of situation, and futuristically we don’t have checks and balances in place for that to happen. And so we still to me have not really answered that question in terms of how do we keep something of this nature from going on in the future and who has password-protected rights to be able to you know to understand what they can do and what they can’t do. So from that purpose and I did request from Tameka, I think you told 39 me something to the fact that was discarded some years ago after the attorney, this William Seay or whoever it is --- Mr. Mayor: Issued a legal opinion --- Mr. Mason: --- issued something or --- Mr. Mayor: --- requested by the Commission. Mr. Mason: --- um, and that was the response I got from you. Is that correct? Ms. Allen: Yes, sir. Mr. Mason: Okay so first and foremost the, I’m concerned and I don’t know that we’re going to you know get the answer here today but I’m certainly concerned about repeated actions as such potentially in the future. So can somebody address that at all or? Mr. Hewitt: I can somewhat. Moving forward as an example last month we processed approximately three quarters of a million emails. If it is the decision of this body that we retain all of that information then that is something we have to address to accomplish that goal and see if there are any costs associated. But moving forward as I talked about in the beginning, emails are not considered mission critical and are not being backed up on the site as far as who can (unintelligible). They are not password protected and if it is the decision of the body to do so. We have the technology of course to (unintelligible). Mr. Mason: Okay so then you’re, I will consider you the subject matter expert in this particular area. Do you not find it a little odd that there wouldn’t be a document on the hard drive at all? Mr. Hewitt: No, sir. The document that’s being referred to originally is the document that the printed by the attorney’s office. They told us it was inappropriate to be (unintelligible) Ms. Allen: I think he’s talking about the document on the hard drive itself. Mr. Mason: I’m not just talking about the emails in general. I’m referencing the emails (inaudible). Ms. Allen: And then we discussed in the past you have a different situation as well. And I know we talked about it and we talked about various documents on the hard drives (unintelligible) or not. In normal conditions when a person is terminated from this organization the Information Technology Department is notified immediately to check to stop access of that employee to be able to delete or what have you that could be in question. However in this instance there was not that same affordability. Now I’m not saying that anybody did anything but what I’m saying is this is a different circumstance of steps that have taken place as it relates to this situation. Normally if somebody is going to be terminated the Information Technology Department is notified immediately and we cut off all access. You’re right, passwords, 40 everything is taken away. All access is taken. This is a different circumstance. Like I said I’m not saying anybody did anything however the Information Technology Department did what was requested of them. We have gone and attempted with several software packages to retrieve any information that could have eventually been deleted from the hard drive. I’ve had three or four different technicians look at it and see, provide result statements regarding what they have done and I trust the employees that work in Information Technology know what they are doing. I’ve also made mention to this Commission that if it’s the will of this body we will proceed with getting someone else to look at it from the outside and, you know, just give us the authority to have that done and paid for. We have done what we could do as it relates to gathering that information off that respective hard drive. Please understand this. We all take our jobs seriously, Commissioner Williams as well as the remaining commissioners, and we believe in being professionals in what we do. Mr. Williams: Mr. Mayor, if I can respond please. Mr. Mayor: I’ll give you one more minute, Commissioner. Mr. Williams: Ms. Allen, I’m really disappointed that your IT Department is not upset about what happened because if someone could go in and do that, erase anything. Now we should have like we said escorted Mr. Russell out of the building, I guess, you know, not waited until the end of the year but that didn’t happen. But now being an award winning IT Department and you bring me something with nothing on it whether it be emails, there were no city documents at all from the top position in this government. And ya’ll don’t find that offensive, you don’t find that alarming that your department, if another department decided to do something whether it be Finance, Engineering or any department --- Mr. Mayor: Okay, Commissioner --- Mr. Williams: What’s in place to prevent --- Mr. Mayor: Commissioner, your one minute is up. Mr. Williams: I need an answer from the IT Department. Mr. Mayor: I’ve recognized you three times. Mr. Williams: I need an answer, Mr. Mayor, from the IT Department. What’s in place to prevent that from happening again? Mr. Mayor: Commissioner Williams, I think that the IT Department and we talked about backing up our staff. They do a phenomenal job. I think she’s answered your question. Mr. Williams: (unintelligible). 41 Mr. Mayor: Let me just say they followed the policies and procedures that we set for them. They carried those out. So if you want to look at it, you know, if you’ve got a problem with policy or procedure it was approved by the Commission. Mr. Mayor Pro Tem. Mr. Johnson: Thank you, Mr. Mayor. I think at this point this is water under the bridge. I think what we need to do now is make sure that IT can come back with a recommendation on how to prevent this in the future. Whatever steps that you all recommend, I know usually in a case like that when the person is escorted out, okay? We did not do that. We dropped the ball if you will. We probably should’ve secured everything at that point. We didn’t do that so if we’re going to take this as a learning experience, but I think at this point moving forward especially with a SES employee, somebody who would have access to, you know, information and things that others may not we make sure that we secure that and you guys can put in place some type of measure that will allow you to do that or forbid anybody from deleting any type of information like that that would be prudent as far as record retention. I think that’s the biggest concern here because from my perspective that’s what we’re dealing with here just the record retention aspect of it. If we need this information based on an open records request and we don’t have it, that’s a problem. So that’s the concern that we have and I think in the future that we need to make sure that it does not happen again and things are put in place to prevent that from taking place. But we got to get that I think at this point. If you guys could bring something back and let us know how you plan to resolve that or rectify it moving forward, I mean, that’d be great. And I think that would suffice for us to move forward at this point but I mean other stuff that’s been deleted or whatever has been removed it’s just gone. And I think we just need to bite the bullet on that and move forward. Mr. Hewitt: One thing that can be done in the future if you are in the process of terminating an employee that you do not intend to escort of the premises, if you’ll let Information Technology know that that action has occurred we can make a snapshot of everything they have available at the time they go and that will prohibit anything from happening in the future whether you leave them on site or (unintelligible). Mr. Mayor: Can I get a motion to receive this as information? Mr. D. Smith: So moved. Mr. Lockett: Second. Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioners will now vote by the usual sign. Mr. Williams votes No. Mr. Fennoy and Mr. Guilfoyle out. Motion Passes 7-1. Mr. Mayor: Madam Clerk, next agenda item please. The Clerk: 42 FINANCE 25. Motion to recommend First Vehicle Services proved fleet maintenance services for Augusta, Georgia. (No recommendation from Finance Committee March 10, 2014. Mr. Jackson: Motion to approve. Mr. G. Smith: Second. Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I’ve got some questions for the Fleet Manager, the Acting Director. I understand the Fire Department represents about 1/3 of the $1.12 million dollar budget. And I’d like to ask you again why is it that no one from the Fire Department was involved with the process? Mr. Crowden: The meeting consisted of a member from the Sheriff’s Department and Recreation, from Planning Department, Procurement Department and myself. As far as why they were not asked to join us I needed five people. I don’t really have a good reason to say --- Mr. Lockett: You would think they provide about 1/3 of the entire budget that they would’ve been given an opportunity to participate. Mr. Crowden: The big budget issues initiated in the Sheriff’s Department, the Fire Department and Recreation. Mr. Lockett: Okay, the Sheriff’s Department has a representative present. Is that correct? Mr. Crowden: That is correct. Mr. Lockett: Okay. But I have a problem with this. I understand that the environmental at one time, their mechanic’s work and so forth was done under your purview. Is that correct? Mr. Crowden: I’m sorry, say that again? Mr. Lockett: At one time the vehicles and equipment for the environmental, Mark Johnson’s operation, came under your umbrella. Is that correct? Mr. Crowden: (inaudible). Mr. Lockett: But they no longer do. Mr. Crowden: That’s correct. 43 Mr. Lockett: And I understand that they are extremely happy with their vehicle mechanics. Mr. Crowden: Yes sir but they do rely on First Vehicle Services to provide services to them. Mr. Lockett: Okay. Now I understand that the Sheriff’s Department wanted to engage in a single venture as environmental. Are you aware of that? Mr. Crowden: Sorry. Mr. Lockett: I understand that the Fire Department wanted to work out an arrangement similar to what Environmental has and employ their own mechanics. Mr. Crowden: That’s been stated but never addressed to me that actually there’s been a desire of the Fire Department since I’ve been with Augusta which is 22 years. Mr. Lockett: Well, who has said that they couldn’t do that? Mr. Crowden: It’s never been presented to the Commission as an agenda item. Mr. Lockett: Okay, so this is a decision that has to be made by this governing body. Is that correct? Mr. Crowden: That is correct. Mr. Lockett: Okay. How did Environmental their divorce from you? Mr. Crowden: It was presented to the Commission after discussion with Mark Johnson and myself and where he was going to take the solid waste department and how fast he wanted to move. And we couldn’t compete with that. Now, Mark, I’d like you, if you don’t mind, sir, I’d like Mark to address that issue. Mr. Lockett: I don’t mind. Mr. Johnson: As the time when First Vehicle, for us it’s more about turnaround time than it was cost. When you have a $600,000 dollar machine that’s broke, you need it up the same day or the next day. The way the contracts were set up you were in the beginning required to take it to one of their shops, they would repair it, it would come back. So to own an extra half million dollar asset to deal with down time wasn’t good. We then moved to a model where they put people at our facility and it improved but we still had down time that exceeded our needs. So then we collectively sat down with the contractor, with Fleet and with ourselves and we worked out a plan and then that was, I came back before this body. But we still used a contractor because we procure our parts through that contractor. And the reason is in our procurement system there is an under carriage. It costs $33,000 dollars. The Administrator can’t sign for that. So you use the contractor as a mechanism to buy parts. And additionally their parts in many 44 cases can be acquired lower than what we could procurement them directly because they’re a much larger entity with better buying capacity. So it works for us. Mr. Lockett: Okay, I can understand that but you mentioned the fact that timeliness was a concern but I would surmise that the Fire Department has some very expensive vehicles. Mr. Crowden: That’s correct and we are very sensitive to the turnaround time of the fire machines. Mr. Lockett: But my question I think is this is why couldn’t the same process that’s being used with Environmental be used with the Fire Department? Mr. Crowden: There’s a little bit of difference with that in that he has his own facility. The fire department in this case would have to share so there’s, you’ve got to do and I don’t think we’ve got enough time to talk about or have that discussion on sharing a location, how the parts are going to be acquired, how you’re going to transition employees or are you going take them. There’s a lot of things that have to be worked out. We are going to schedule a meeting again Thursday to show him what it’s costing him now and then can green up some points about a transition. Mr. Lockett: But --- Mr. Mayor: I’ll give you two more minutes, Commissioner. Mr. Lockett: Thank you, Mr. Chairman. No disrespect but one of the things that the meeting should be held prior to and not after if we’re asked to vote on this. I don’t know how this thing is going to go but I would hope that you would realize the importance of having someone on the Fire Department to be a part of the committee as should it be with the Sheriff’s Department and others. Thank you, Mr. Chairman. Mr. Mayor: Commissioner Jackson then Commissioner Williams. Mr. Jackson: Thank you, Mr. Mayor. Ron, now you probably weren’t part of this conversation. I know that Chris James, Chief James and Mark has heard what I’ve said before about sharing the location because the equipment out there can pick up those heavy apparatus to change tire and what have you. I would like to make a motion moving forward to looking at a joint venture with the Fire Department and Solid Waste at their facility with First Vehicle Services. And before we actually execute this come back with a good recommendation from Environmental Services and the Fire Department. Mr. Mayor: Would you like to amend your initial motion to reflect that? Mr. Jackson: Yes. Mr. Mayor: Okay. Commissioner Williams. 45 Mr. Williams: Ron, while you’re standing there do you remember the agenda item that was, come out of committee to go out and look at other agencies or other fleets that would work along with the in house situation? Mr. Crowden: I did remember that as being part of the discussion last time. I do, I have done --- Mr. Williams: When the bid was supposed be, when you supposed to have went out for bid. You were supposed to come back with the in house recommendation along with whatever else you found out there. Mr. Crowden: It was my understanding --- Mr. Williams: Well, you need to check the records I think, Ms. Morawski might be able to give you those. That was not done, Mr. Mayor. The other thing is when Fleet Management the same vehicle services we’ve got now, First Vehicle Services is the same company that’s been there. We just have issues with, is that right? Mr. Crowden: I have had issues with them. Mr. Williams: I didn’t ask you did you have an issue, Ron, I said did we as a governing body. You had no complaints? Mr. Crowden: No, sir. Mr. Williams: Okay, well, what did you say in committee the other week when we talked about the motorcycle mechanics that I had a discussion with that called all the us and gave us a letter about the parts that were involved. Mr. Crowden: Sir, he wasn’t implying employee. I have information on him but I’d like the General Manager to address that with regards to the employee. Mr. Williams: I’m asking the question right now. Maybe the General Manager --- Mr. Crowden: There was no support, there was no --- Mr. Williams: You did not bring back, Ron, the two scenarios that we asked you to do. We asked you to bring back an in-house scenario along with getting a quote from an outside vendor. You brought the same vendor back and you only brought one (unintelligible) I got to select from. I’m being forced to go back with the same company giving us problems in the beginning. We went on a month to month for several months and you were supposed to went out for an RFP to bring back an in-house situation along with other vendors. And that has not come through. Mr. James, the Fire Chief --- Mr. Mayor: I’ll give you two more minutes. 46 Mr. Williams: --- Mr. James, the Fire Chief, along with Mr. Johnson who had been in the discussion you mentioned about how long you’ve been here. The Fire Department had its own mechanics. The Fire Department had its own shop at one point in Augusta Richmond County. In fact it was on Ellis Street at one point then it moved to Reynolds Street at the new fire station. They had all their equipment to move and change and to build whatever they needed to build (unintelligible). But that means that scenario could have worked had you gotten with the fire chief sat down and had that discussion with him versus just bringing back what you wanted us to have because that’s what I feel like, that you brought back what you wanted us to have. And I can’t support that, Mr. Mayor. Mr. Mayor: Okay, we have a motion that’s been made and properly seconded. Madam Clerk, for the sake of clarity could you read back that motion. The Clerk: Yes, sir, it was to approve the item and to also in addition look at a, have the Fire Department and the Environmental Services look at a joint venture for using that facility and to come back with a recommendation after their discussion. Mr. Mayor: If there’s no further discussion Commissioners --- Mr. Crowden: Mr. Mayor? Mr. Mayor. Mr. Mayor: Oh, yes sir. Mr. Crowden: I’d like to give two minutes to the Regional Vice President --- Mr. Mayor: I have not called him to the podium. I’ll give you two. Mr. Steve Breeden: Yes, sir. We have been here for a good time but I have been, every time we’ve had a complaint of any kind we’ve answered it. I’m not saying that we’re perfect nor am I saying we haven’t made mistakes, but we’ve honored every mistake and made every concession that we aim to make. On the particular incident of the motor cycle mechanic they said we were buying inferior parts. Well, they’re inferior (unintelligible) motorcycle company needs to claim it because they sold it to us and he was (unintelligible). When asked about this why he claimed it was an inferior part he blew up, cussed the manager, the manager calls me and I said relieve him from the building, simple as that. Mr. Speaker: He was fired for insubordination. Mr. Breeden: Yes. Mr. Williams: --- respond to that because I mean I made that statement -- Mr. Mayor: Commissioner, I’ve recognized you twice --- Mr. Williams: (unintelligible). 47 Mr. Mayor: I have not recognized you, Commissioner Williams. Mr. Williams: He did not answer my question about the motorcycle mechanic. Mr. Mayor: He was not finished. Back off. Yes, sir. Mr. Williams: You back off. Mr. Breeden: We --- Mr. Mayor: I’m sorry. Mr. Breeden: --- we’ve worked with departments and agencies all over the United States. We have the largest buying power of any company that does maintenance. As Mark can tell you that he can’t get within 30% of most of our prices because we have national accounts which we in turn buy the parts through your local vendors. So even though we have national accounts where we have savings, the local vendors in this county get the profits from our purchases and then pay taxes. Mr. Speaker: We purchase $500,000 dollars’ worth of parts through your vendors last year when we reported to the local small business office. Mr. Breeden: And we all of our employees are here. The only thing that I did different from my competitor was my competitor put in prices that could not even be conceived as being justified. And I could see, you know, I mean it’s unbelievable because I cut, parts or parts we can’t no cheaper on parts. We can’t get no cheaper on the labor because the labor is mandated on what we have there. And the only place to cut money so I can come back to this bid was I cut our profit. I cut our profit by 65,000. And I’ve listened to 2.5% being taken out of everybody’s budget that’s been here across the table. I mean if it means staying here in this county and doing ya’ll services, I’ll reduce instead of 65 I’ll reduce it another $40,000 dollars. I’ll get passed that - -- Mr. Mayor: Okay --- Mr. Breeden: --- 25%. Mr. Mayor: --- I --- Mr. Breeden: I just, but I don’t carry here misinformation. I mean we’re a proud, honored --- Mr. Mayor: --- appreciate it. I understand. I understand. Commissioners will now vote by the usual sign. Mr. Williams votes No. Mr. Fennoy, Mr. Lockett and Mr. Guilfoyle out. 48 Motion Passes 6-1. Ms. Williams: Staff needs a directive --- Mr. Mayor: What’s that? Ms. Williams: Staff needs a directive in that the motion as already go back, can you tell us what got approved because we’re confused. I’m sorry. The Clerk: Well, maybe I misstated. I don’t --- Mr. Mayor: It was to approve the agenda item and direct staff to, Madam Clerk, can you read it back please? The Clerk: To direct Mr. Johnson and Chief James to look at a joint venture to and come back with a --- Ms. Williams: --- the contract was approved. Mr. Mayor: Yes. Mr. Speaker: Can you read that again, please? The Clerk: Yes, it was Mr. Jackson’s, to approve the contract and then to also have Mr. Johnson and Chief James look at a joint venture to use the facility there and to discuss it and come back with a recommendation. Ms. Williams: Thank you. Mr. Mayor: Okay, Madam Clerk next, Commissioner Smith, I believe as Ms. Turner --- Mr. D. Smith: I would ask that that item be moved back to the committee. We’ve had Ms. Turner here twice and she’s waited six hours now and we’ve yet to be able to present that so if we can move it back to committee so she can do her due diligence and inform the community about the insurance rates I’d appreciate it. Mr. Mayor: So you’re putting in the form of a motion to --- Mr. D. Smith: Yes, that is a motion --- Mr. Mayor: --- item 29. Mr. D. Smith: Thank you. Mr. Mason: Wait a minute, 26? 49 Mr. D. Smith: Twenty-nine. Mr. Fennoy, Mr. Lockett and Mr. Guilfoyle out. Motion carries 7-0. Mr. Mayor: Madam Clerk, our final agenda item. The Clerk: ENGINEERING SERVICES 30. Presentation by Mr. John D. Hatney, Jr. regarding the illegal use by the City of two parcels of property with an easement for a drainage ditch located at 1537 Wooten Road. Mr. Mayor: And if you could keep it to five minutes please, sir. Mr. Hatney: Yes, sir. My name is John Hatney and I live at 1608 Greenbrier Avenue. In the early 70’s my mother acquired some property from my grandmother, my grandfather and my grandparents. And I was living in New York at the time and when I arrived back from New York my mother asked me would I go over and check on the property and find out why was an easement at this point on the property. So I went over to check the property out and was kind of amazed that they could split my property in half like that going straight through the middle of my property. And I called the then Mayor Ed McIntyre and asked him about it. And he said well it’s a necessity for us to use it because it relieves all the water off of the area of Koger Road and over by the T.W. Josey area it has to come through that area. So I talked with him and I asked him well would you work with me and he covered the ditch and so I could it because in order to get over to the other parcel of land across the 22 I’d have to climb down into the ditch, climb back up the ditch where the lawn was supposed to be on the property. So he assured me that he would check with the engineers and find out what they could do about it. So I asked him I said well the main thing would be just to put a pipe through it and cover it. So I went back to New York. When I came back a few years later it was covered but he had taken an additional three foot of my property and cemented it from Koger Road all the way back to Wooten Road which the water that comes through that area is coming at such a rapid rate it’s keeping the road, Wooten Road, sinkholes. Presently I have maybe four foot to five foot holes on my property close to the roadway which came back in. There’s a 90 year old lady which you addressed an issue for me about her when she was getting down in the ditch to dig out the ditch to keep her property from flooding out. Across the street from that, the water’s coming through so fast it floods out the house sitting on stilts across that there. So I’ve been dealing directly with Mr. Johnson and he’s been doing everything he could to possibly do it because the more he’s doing in the last couple of years the road’s sinking, they’re out there all the time digging it up trying to resolve the issue. The old rebars that they used to take on the influx of water has gotten so antiquated that the water now goes past that goes through the little old lady’s property and floods out that. And, you know, just a massive problem. So I know, I don’t think that y’all can see this off the screen but if I could show you real quick (inaudible). This was the original piece they had going through there, through the property, it’s parcel 21 and 22 and the area’s kind of an octagon-type shape so the water will come through, it’s coming through at such a fast rate of speed it’s just causing massive sinkholes through the whole Wooten Road area on Wood Grove 50 subdivision. After I come back from New York from the line back on Koger Road all the way to Wooten Road he had put a four foot ditch, cemented all the way through my property, which made my property worthless. So then I found out this year that I’m going to be taxed $160.00 for trash pickup on empty property which is a new law that’s been passed. And on top of that when I deal with the issue with the (unintelligible) you sent the crew out, Mr. Mayor, and the crew came out and cleaned that ditch out. But at the same time they cut my grass. They charged me trash pickup for cutting my grass but ya’ll recently refunded that money which took Mr. Johnson an Act of Congress to get it but he kept working to try to resolve that problem. But he really didn’t have the right to do that because Donna, Ms. Donna Tarry I don’t know how he did it he said she knows but let’s say the last ten years I’m constantly taking care of my property. In fact I intend to build a bridge out there so I can get on both sides of the property and keep it cut. My resolution for this thing since I can’t as on a fixed income continue to pay, you know, $160 dollars plus my taxes and city needs this to get that water through the property just to go ahead and sell the property to the city. And I’m not talking about no legal action against the city because that’s really not even necessary. I’m sure that y’all will work with me better than Mr. MacIntyre did. Just go ahead and buy the property and relieve me of the property and I would even go over and take care of and maintain the property for you guys for a minimal fee or whatever to do make sure that the ditch is cleaned out or whatever but, you know, this is just crazy because when I try to sell the property, I had two realtors go over there and they said it was absolutely worthless. You can even cover that ditch now because if you do and you put a building over there on it and it, something caves in then you’ll be liable. Mr. Mayor: Yes, sir. Mr. Hatney: That’s it. Mr. Mayor: Thank you and appreciate your issues. Commissioner Johnson. Mr. Johnson: Yeah, if I could ask Abie, thank you, Mr. Hatney for that. Of course you know we’ve been talking about the property for the last couple three years and we’ve got some issues there but, Abie, if you can could you possibly look at this and see what opportunity that we can have to look at the potential being. Of course I understand that it is highly used for that purpose and I know we talked about this and so forth before. Mr. Ladson: Yes, we actually looked at it and the property, the ditch does goes through the property and really you know that’s where the water goes, where it flows. You can’t put a house there. Mr. Johnson: Exactly. Mr. Ladson: I do agree with him when he said that so --- Mr. Johnson: Could you potentially look at I guess maybe I don’t know whether you all need to probably get together and maybe talk about something that would be comfortable to look at possibly acquiring that property and then bring it back before the Commission? All right if you could do that. What kind of time frame do you think you have? Well, I’ll let you you look 51 at it. You can just get back with us and let us know when (inaudible) because I guess ya’ll can work out the details on that. Mr. Mayor: Okay. Mr. MacKenzie. Mr. MacKenzie: And because this is going to be a potential property acquisition and this could be brought back in any legal meeting. Mr. Johnson: Okay, all right. We’ll do that then we’ll bring it back (inaudible). Mr. Hatney: Okay. Mr. Mayor: Grady? Mr. G. Smith: Mr. Hatney, (inaudible) let me ask you, what is that building to your left or my left? Mr. Hatney: That’s the little old lady’s, that’s her property there that’s right adjacent to my property where the water comes through. And it’s so close to hers it floods her whole land out. And then the ditch fills up with dirt and no one’s been maintaining it and the city won’t come in and clean it out so she gets in there and she cleans out. So the Mayor sent somebody over there to take care if it for me and that was a beautiful thing for him to do. Mr. G. Smith: Okay but what I’m asking I guess is (inaudible). What’s that building right there? Mr. Hatney: That’s her house, that’s the little old lady’s house. Yeah, that’s her house. Mr. G. Smith: Okay and she owns, you own these two pieces right here. Mr. Hatney: Yes, sir. 57.85 and 151.26 and 92.30. Those two parcels. That line comes down on both sides. The old original apartment complex was right there in 57.85 --- Mr. G. Smith: Right. Mr. Hatney: --- and then other was a big vacant lot which I go over and cut that grass. Mr. G. Smith: Okay. Mr. Ladson, let me ask you something. What is backed up on the water flow, which way is it flowing from the front to the back (inaudible)? Mr. Ladson: It’s flowing front to the back. Mr. G. Smith: All right, so 57.85 is flowing to the back (inaudible). Is there a, is there any other line from up here at the start of this property this water could be diverted? Mr. Ladson: No, that’s natural water. 52 Mr. G. Smith: Well, I know that but I mean is there any kind of drainage system close by that we could re-channel the water into it? Mr. Ladson: We could look at it and look at it and see what line we could possibly find but most of the lines out there --- Mr. G. Smith: I just, the reason why I brought it up, what I was thinking about if you diverted that water into a proper drainage pipe it would also clean up his lot and he’d have something to sell. Mr. Ladson: Yeah, we would actually have to fill, I mean if we were do something like that, you would have to have to fill that area in and it would probably cost more money. Mr. G. Smith: Yeah, okay I mean I haven’t seen it. I’m just looking at this here and I just thought if there was a storm drainage system somewhere close by it could take on this extra amount of water to be diverted, they go in there and turn this property into something productive. Mr. Ladson: We can actually look at that but the thing about that is when you talk about tying into an existing line we got to look at the capacity on the existing line. In that area I can tell you that most of the lines there are probably under capacity. Mr. G. Smith: All right. Yeah, we got a problem like that over at a friend of mine’s area. They diverted water from the golf course now he’s having problems with it going in front of his house and his lawn. Mr. Mayor: Corey, can we get you to make a motion to reflect the direction that you gave him? Mr. Johnson: Yes, Madam Clerk, I’d like to put in the form of a motion to have Mr. Ladson get with Mr. Hatney and then he can bring back the recommendation or options to us and we can discuss that in Legal. Ms. Davis: Second. Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioners will now vote by the usual sign. Mr. Fennoy, Mr. Lockett, Mr. D. Smith and Mr. Guilfoyle out. Motion Passes 6-0. ENGINEERING SERVICES 37. Discuss/approve debris removal in private and/or gated subdivisions. Mr. Mayor: And we actually have one more agenda item to dispose of, item number 37. I think we can cover that item quickly and Tameka, did you nod your head? 53 Ms. Allen: Yes, sir, we did. Mr. Mayor: Can I get a motion to approve? Ms. Davis: Motion to approve. Mr. G. Smith: Second. Mr. Mayor: We have a motion to approve that’s been properly seconded. Commissioners will now vote by the usual sign. Mr. Fennoy, Mr. Lockett, Mr. D. Smith and Mr. Guilfoyle out. Motion Passes 6-0. Mr. Mayor: Mr. MacKenzie. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 42. Motion to approve going into a legal meeting. Mr. MacKenzie: We have a need for a very, very short legal to discuss Pending and Potential Litigation. I would entertain a motion to go into a closed meeting for that purpose. Mr. G. Smith: So moved. Mr. Mayor: Is there a second? Mary, do you want to second? Ms. Davis: Second. Mr. Mayor: Commissioners will now vote by the usual sign. Mr. Fennoy, Mr. D. Smith, Mr. Lockett and Mr. Guilfoyle out. Motion Passes 6-0. [LEGAL MEETING] Mr. Mayor: As we’ve got a quorum that’s established, I’ll call the meeting back to order. 43. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. MacKenzie: I would entertain a motion to execute the Closed Meeting Affidavit. 54 Mr. Johnson: So moved. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Fennoy, Mr. Lockett, Mr. D. Smith and Mr. Guilfoyle out. Motion Passes 6-0. Mr. Mayor: Mr. MacKenzie. ADDENDUM Mr. MacKenzie: And the last motion would be: Motion to approve a Resolution authorizing settlement of all claims related to the real property of Mitchell and Gena Kirkendohl located at 1612 Wylds Road, Augusta, Georgia in the aggregate amount of eighty thousand dollars and no cents ($80,000); authorizing the Interim Administrator to disburse this amount of eighty thousand dollars and no cents ($80,000); waiving Augusta, Georgia Code of Ordinances Sections in conflict for this instance only; and for other purposes. Mr. Jackson: So moved. Mr. G. Smith: Second. Mr. Mayor: We have a motion that’s been made and properly second. Commissioners will now vote by the usual sign. Mr. Fennoy, Mr. Lockett, Mr. D. Smith and Mr. Guilfoyle out. Motion Passes 6-0. Mr. Mayor: With no further business to come before the body, we stand adjourned. [MEETING ADJOURNED] Nancy Morawski Deputy Clerk of Commission 55 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 March 18, 2014. __________________________________ Clerk of Commission 56