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HomeMy WebLinkAboutRegular Commission Meeting March 4, 2014 REGULAR MEETING COMMISSION CHAMBER MARCH 4, 2014 Augusta Richmond County Commission convened at 2:00 p.m., March 4, 2014, the Hon. Corey Johnson, Mayor Pro Tem presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, D. Smith, Williams, Fennoy, Jackson, Davis and G. Smith, members of Augusta Richmond County Commission. Absent: Hon. Deke Copenhaver, Mayor. Mr. Mayor Pro Tem: All right, I’d like to call the meeting to order. The Clerk: Yes, sir. Mr. Mayor Pro Tem: I’d like to call on Rev. Andy Menger, Assistant Rector, Church of the Good Shepherd for our invocation. Please stand. The invocation was given by the Reverend Andy Menger, Assistant Rector, Church of the Good Shepherd. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Thank you for that invocation, Reverend. We do have a token from the Mayor’s office for you. By these present be in known that Rev. Andy Menger, Assistant Rector, Church of the Good Shepherd, is Chaplain of the Day for his civic and spiritual guidance demonstrated throughout the community. Serves as an example for all of the faith community. th Given unto my hand this 4 of March 2014. Deke Copenhaver, Mayor. Madam Clerk, we do have an item to be added? The Clerk: Yes, sir, we do. Did you want to do the recognitions first? Mr. Mayor: Yeah, we can. We can go on and do that first the employee of the month. The Clerk: That’s correct. RECOGNITIONS Employee of the Month A. Congratulations! Ms. Avis Brown, Code Enforcement Officer, Environmental Services Department as the March 2014 Employee of the Month. The Clerk: And while she’s coming forward I’ll read the accolade. The Employee Recognition Committee has selected Avis Brown as the March 2014 Employee of the Month for the City of Augusta. Ms. Brown is a Code Enforcement Officer of the Environmental Services Department where she has been employed since October of 1999. She was nominated by Laurie Videtto. Avis Brown recently demonstrated what a caring employee can do. In the aftermath of 1 the ice storm she was assigned to work long days often ties alone at the sites where the storm debris was being staged. This involved managing the location, answering questions, assisting citizens, handling the placement of the debris, completing documentation of the trucks dumping and directing those drivers where to dump the materials. Ms. Brown handled these tasks flawlessly and even took the initiative to provide support at other locations. Representative of Avis’ leading by example style and not waiting to be asked attitude when she was provided with a break from the drop off location to return and perform some of her regular tasks she took time to go again back and support her fellow staff members at the drop off locations. She covered lunch breaks and other needs without having to be asked to do so. Avis knows what to do and does it well. One of the key tasks that had occurred at the debris drop off locations was to keep the debris stacked neatly in order to maximize space and allow trucks to get in and out easily. Instead of waiting for an equipment operator to come each day to push and pile the material up Ms. Brown took the time to learn how to run the front end loader stationed at her location. She saw an opportunity to learn saw an opportunity to save time and money and jumped right in. The equipment operator that was saved from having to drive across town multiple times per day to move the material was then able to be reassigned to clearing debris from neighborhood streets. Avis Brown exhibits what resourcefulness, initiative and an unselfish employee can accomplish to the betterment of their department and their community. The Employee Recognition Committee felt that based on this nomination and Ms. Brown’s service above and beyond we would appreciate you joining us in recognizing her as the March 2014 Employee of the Month. (APPLAUSE) Mr. Mayor Pro Tem: I’ll tell you that was awesome. We knew we had some great employees working on behalf of the citizens of this county during the ice storm and this is just a testament to show that we have some folks who really go beyond measures to do what is necessary to help when it’s necessary. But we have a letter from the Office of the Mayor. Dear Ms. Brown. On behalf of the City of Augusta it is with great pleasure that I congratulate for being recognized as Employee of the Month for March 2014. Your contribution to your organization and Augusta Richmond County Government and the citizens of Augusta has earned you this recognition. And I appreciated your willingness to go beyond, above and beyond the call of duty and your outstanding work ethic. You are truly an asset to the Environmental Services Department and the citizens of Richmond County. Please accept this personal congratulations on your wonderful award. You are truly deserving of it. Sincerely yours, Deke Copenhaver, Mayor. (APPLAUSE) All right, Mr. Chairman of Environmental Services, would you like to say anything? Mr. Jackson: No, just thank you very much. Mr. Mayor Pro Tem: All right and Ms. Brown, how about you? Ms. Brown: Well, I will thank Jehovah God for this opportunity and I thank my department heads Mark and Lori for recognizing me and for working at the best department in Augusta Richmond County, Environmental Services. Mr. Mayor Pro Tem: Well, we have some more hardware here for you, a little token here. Congratulations again. 2 Ms. Brown: Thank you. Mr. Mayor Pro Tem: Thank you. Okay, Madam Clerk, if we could move on to our delegations please. The Clerk: DELEGATIONS B. Mr. Jimmy Smith regarding SPLOST. (Requested by Commissioner Wayne Guilfoyle) Mr. Mayor Pro Tem: Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor Pro Tem. Can we remove Item B off of the delegation please? Mr. Mayor Pro Tem: Yeah, I guess. Mr. Attorney, do we need to a motion to remove this item? Mr. MacKenzie: You don’t need to have a motion as long as there’s consensus (inaudible). Mr. Mayor Pro Tem: Okay, we’re good. Okay, we’ll move on to item ‘C’. The Clerk: DELEGATIONS C. Ms. Maggie Douglas regarding traffic and safety issues on Highland Ave. (Requested by Commissioner Mary Davis) Mr. Mayor Pro Tem: Okay, Ms. Douglas? Come up and state your name and address for the record. Ms. Douglas: My name is Maggie Douglas. Mr. Mayor Pro Tem: And your address? Ms. Douglas: 2710 Hillcrest Avenue. Mr. Mayor Pro Tem: Okay and keep it to five minutes. Ms. Douglas: All right. We passed out a diagram; I hope ya’ll got it down here. And on the diagram that you’re going to look at you’ll see the highlighted area that’s become a very dangerous area for pedestrian’s motorists. Since January of 2009 there have been 100 accidents on Highland Avenue between the area of Walton Way and Central according to the Richmond County Police Department reports just within the past five years. Our family personally 3 experienced our 17 year old daughter being hit trying to cross Highland on Hillcrest Avenue around the hour of 3:00 p.m. Her car was totaled and two passengers were taken by ambulance to be treated at University Hospital. A few years later our six year old was struck by a car in the same manner when walking home with his older brother from school. He spent four days at MCG two of which were in the Pediatric ICU being treated for a head injury. I can’t begin to tell you how devastating it is to see your child lie lifeless in the street not to awaken until several hours after the accident. This stretch between Central and Walton Way is all residential. It’s bordered by GRU, St. Mary’s School, Richmond Academy, Episcopal Day School, Aquinas High School, Lake Forest and Monte Santo. There are approximately 450 plus homes within the area between Arsenal and Lake Forest and Central and Walton Way. Other stretches of Highland Avenue and Berckman Road are broken up by traffic lights but don’t have near the congested area of residents. In the past few years ASU now GRU has added dormitories a field house, a basketball gymnasium on Wrightsboro Road and GRU students travel back and forth to which has increased the amount of traffic in this area on Highland Avenue. This traffic along with Aquinas, St. Mary’s, Richmond Academy, Lake Forest, Langford and the hour of convening and dismissals has increased the chance of pedestrian and car accidents on Highland Avenue in this residential area. The danger of accidents not only present during these hours but also people rushing home from work in the late afternoon and evening. Highland Avenue is treated by many as an expressway with no regard to the speed limit of 35 mph and no respect that this is a residential area with many families and children present. We don’t live far off Highland Avenue and we can hear the car engines roar as they turn off Walton Way heading to Central Avenue with nothing to stop them until they reach Central Avenue. And many speed down Walton Way to catch the light before it turns on Walton Way. Presently following Kevin’s accident a pedestrian crosswalk was installed. This only offers false confidence to pedestrians since the law is you’ve got to step in the street before they stop and they attempt to, you know it’s a false confidence. Motorists rarely stop much less slow down to allow pedestrians to cross. They often throw their hands up in the air in confusion when a person is courageous enough to walk into the street. As you can see over 200 petitions we have signed just this past weekend on a short notice that I would be able to speak. One to two days collecting and not able to reach everyone. There is a desire and desperate need to increase safety on Highland Avenue. The 450 plus households in the area would greatly appreciate this matter on safety to be taken seriously and actions to follow. We can request a four way stop and ground reflectors to highlight the stop. We understand that much thought goes into traffic control and there are guidelines but areas change, populations change and change is a part of life. We trust that our engineers and leaders of our great Augusta community will put the safety of lives first in this matter. And we also trust that they will place the best option here on Highland Avenue to control the speed in which cars travel by viewing this to allow our residential area to function as such and offer our residents confidence and safety when crossing Highland Avenue. As a permanent lawyer here in Augusta Pat Rice recently told me I would stop any day for an extra few minutes to insure the safety of a child. It would be a great tragedy to wait until someone dies to take action. The numbers are clear. Please we beg you, make traffic on Highland Avenue slow down be it a four way stop, a traffic signal or some kind of speed bumps (unintelligible) anything to make traffic slow down and Highland Avenue safer for everyone. Mr. Mayor Pro Tem: Thank you. Commissioner Davis. 4 Ms. Davis: Thank you. Maggie, thank you and Pat for being here today. I know that this has been a concern of theirs for many years and they had talked to our previous Commissioner in their district Commissioner as well as me and I know that you know Steve Cassell and I have gone out to Highland and tried to see the visibility in that area so I’m very familiar with it. Of course I drive it every day. I agree that the blinking light isn’t doing its job because when you’re out there no one even pays any attention to it. So I don’t know if, Steve and I have had many conversations so I was going to see if you could come up here and give us the latest analysis of what the options are. Mr. Mayor Pro Tem: Mr. Cassell. Mr. Cassell: Yeah, we looked at Highland Avenue over the years. I met with Ms. Douglas several times (inaudible). The area that she’s talking about was that she wanted a four way at Bellevue and Highland. There’s only certain types of accidents that are correctible by a four way stop (unintelligible). Most of the accidents we found on Highland Avenue were rear ends. There are some angle accidents out there. We had two there in the last few years. We’ve looked at Bellevue I think we’ve had seven total accidents at Bellevue over the last two years. Highland at Helen Street we had two and McDowell one, well actually one in each area so we had two. Most of these were rear ends. We also looked at Central Avenue. This is where we had it at all the signalized intersections and Central got a signal. Here’s the accidents at Central. A signal does not correct everything. Roundabouts actually work really well. We don’t have the right of way for it. I put the rapid flasher out there. I put a flasher out at the crosswalk. I’d like to upgrade that to a rapid flasher which is a little more pedestrian actuated. In addition to that we’ve got some sight distance issues with the mature trees. To identify the other issue is when school lets out you know when I was out there with Commissioner Davis I know traffic backs up from Walton Way to Bellevue. So what’s happening is people are trying to turn left out of Bellevue kind of have a sight distance issue. I have signal upgrade project along Walton Way. It’s actually under design right now. It should be under construction in the next two years. I can do a lot more with that signal once I get it to the modern technology. What I want to look at is time of day, have some plans to really keep that side street cleared so we don’t have a sight distance but in addition to that we really need to look at removing some trees, bringing up the sight distance and then also have a pedestrian actuated rapid flasher. You know the flashing light it becomes, it’s just like everything else it becomes a part of the scenery. So if we get something pedestrian actuated with a rapid flasher sensor light it gets more attention. And it’ll show a lot more success than the typical flasher and it’s the scenario I would recommend. Mr. Mayor Pro Tem: We have Commissioner Fennoy, Commissioner Williams and then Commissioner Donnie Smith. Mr. Fennoy: First of all I’d like to say I’m very grateful for bringing your concerns before the Commission. And I’m sorry that your children were involved in accidents in those areas. I guess my question to Mr. Cassell is that is the same amount of traffic on Monte Santo is nothing like (unintelligible). Mr. Cassell: Yeah, Highland Avenue is really, you know it’s a leg in an arterial street, really begins at Berckman Drive at Washington and it cuts all the way down to Deans Bridge 5 Road and ends at Highland. And then it turns into Wheeless on the other side of Gordon Highway. And it’s really the only north south side connection between Washington Road and Deans Bridge Road so there is a lot of commuter traffic. You know there’s no doubt there’s eight to nine thousand vehicles a day out there. I don’t dispute that there’s just a lot of traffic out there though I do dispute whether it’s a residential street. It’s an arterial street and they’re designed to carry traffic. You start throwing four way stops out there stopping 8,000 vehicles a day when you look at the side streets on Bellevue it’s very light. People are going to start disregarding that stop sign. You will start to see an increase in accidents and probably severe accidents. Somebody comes up on Bellevue expecting somebody to stop that’s used to running a stop sign. It’s not a perfect solution. You know if you want to do anything I would rather you put a signal there instead of a stop sign. It’s going to be a $250,000 dollars investment is what you’re looking at right now. It will require a lot of trees to be removed for a four way stop but you know that’s what we’re here for. I mean I’ve looked at several things. I mean unfortunately we try to get (unintelligible) the best thing to do is nothing. You know I’ve looked at the accident numbers and I mean I can show you several intersections that are a lot worse than what you’re looking at out here. Out there during peak times of school I’m not seeing some of the issues that I’ve been told. You know they were stopping for me when I was trying to get into the crosswalk. You know I’m not disputing this. We are dealing with children and I’m just not seeing a lot of what I’ve been told. Mr. Fennoy: A presence by the Sheriff’s Department in that area, would that help to decrease the number of accidents that occur? Mr. Cassell: Enforcement is always your first key whether it be the speed limit and you know or stop sign. That would be the key. And I would also suggest that possibly consider talking about one of the schools in the areas about funding a crossing guard. You it would cost to put a pedestrian there. It is the heaviest traveled route by the school. You know the stop sign is going to be there 24/7. It’s only needed during certain periods of time. I heard there’s a noise issue with people pealing out. You’re going to get a lot of that with a four way stop I can tell you. It’s going to get worse. They’re going to stop unnecessarily you’re going to hear gunning the engines all night. Ask me why they’re doing it all that’s another thing but you know I think if we can make the pedestrians more visible with the rapid flasher. You know we kind of want to do a step process but you know right now I mean the number of accidents I’m seeing they’re just not there. Mr. Fennoy: What about a sign along that stretch that says watch out for children or, I mean, would that? Mr. Cassell: Well, the Children at Play signs are from the eighties as kind of, you don’t do those since 1987. It kind of gives the impression that the kids can play in the road and we don’t want that. We do have pedestrian warning signs with flashers. We actually have a pedestrian symbol in the road. We have the crosswalk (inaudible). But like I said with the rapid flasher will bring more attention to when a pedestrian is actually present because it has two heads on it. I wish I’d have brought a picture of one. It’s had a tremendous amount of success with that. 6 Mr. Fennoy: And that would be your recommendation? Mr. Cassell: Yes. Mr. Fennoy: Okay. Thank you. Mr. Mayor Pro Tem: Commissioner Williams then Commissioner Donnie Smith then Commissioner Guilfoyle. Mr. Williams: Thank you, Mr. Mayor Pro Tem. Steve, while you were there I heard you mention the trees. I talked about those trees and (unintelligible) for a long time, that’s the old trees. Mr. Cassell: Right. Mr. Williams: Can anything we do to trim them back to give some vision along there to help? I heard the Commissioner talk about the Sheriff’s presence. So that would be up to the Sheriff being out there. I don’t think the street is wide enough to have a car stationed somewhere along there. But I’m concerned about the low hanging limbs that there, trees going over the curb a long time. They’re old trees and they’re beautiful but with the ice and other stuff I’m thinking we need to replant and change up. But my question to you is you’re an engineer, can we trim back and leave a clear view so people can see so we can maybe get a license number or something to help out? That’s the only thoroughfare you said coming from Washington Road over to Gordon Highway on that side because people use it quite frequently so -- Mr. Cassell: Right. We removed two trees just in that immediate area to try to free up the sight distance for that crosswalk. People were coming from the south headed north (unintelligible) in the crosswalk. The tree issue, you know, over attrition over the years, I don’t know, the tree crew has been reduced down to one four man crew, basically requested funding every year. But we had a tree contract under the previous SPLOST. We exhausted that money. We’re looking at a future SPLOST to provide more tree money. The tree management is an issue in this town as you probably saw three weeks ago but we can prune. We’ve pruned there before. Spring’s coming we’ll going to be able to prune again. Our urban forest is (unintelligible) and you’re right, there’s replanting effort in Lake Forest over there but to answer your question we can do some pruning. Mr. Williams: And I guess we need to try to find a way to do something. It’s too late after you lose any person and stuff like that. Accidents happen every day but we need to do all we can. I hear you say about the funding. We talk about monies all the time but we find money for what we want to find money for. And I think that’s something we need to look at just the road we have the right of way to widen the road to do anything of that nature because it’s an old neighborhood that we couldn’t and it would be really costly to do that. So I think the best thing to do is to make it as clear as open as possible so we can see. I guess my next question is has anybody talked with the Sheriff’s Department to see if they can get somebody to ride through, to have a presence? 7 Mr. Cassell: We’ve touched base with them over the years. They have limited resources. They just dedicate one street for a while. They’re kind of (unintelligible). Yeah, we’ve reached out to them (inaudible). Mr. Williams: Okay, that’s all. Mr. Mayor Pro Tem: Okay. Commissioner Donnie Smith then Commissioner Guilfoyle and Commissioner Mason. Mr. D. Smith: Thank you, Mr. Pro Tem. Mr. Cassell, a hundred accidents over five year period means 20 a year which is one about every two and a half weeks. And we’re not talking about we don’t know whether those are occurring at Highland and Wrightsboro or whether they’re occurring at Highland and Walton Way or Long and Mill. So to me that seems a little bit skewed because we really don’t know. But one of my concerns or should be concerned about is that maybe we should put a no left turn out of the side streets out of this neighborhood which I think would help because that would stop some people pulling out in front of other folks (unintelligible) and then we were to be able to put some signage up and some enforcement practice about commercial trucks. Truck traffic along there, you know we limit the size and weight of commercial vehicles in the old county prior us being consolidated because of the weight load on roads and once we became incorporated and became a consolidated government those weight limits went out on county roads. To some extent we need to stop trucks that are over 50,000 pounds for using Brown Road for instance and some others and so on and so on. So you know since I’ve been in law enforcement for thirty years I --- Mr. Cassell: I was (unintelligible) over six wheels is actually the limit. Mr. D. Smith: So if we could, it would take an action by this government to limit truck traffic. And I’m specifically talking about no trucks, large trucks like that that are using it as a cut through because it is the only north/south route over to Bobby Jones and Jackson Road that comes between the west side headed south. What’s your thought on this? Mr. Cassell: I would take caution in running the trucks because they’ve got to go somewhere because they’ve got a destination south. They (inaudible) use Monte Santo. th Really what they want to use is 15 Street. If we’re going to do it on one road we’ve got to do it on all of them. Like I said it is an arterial designed to carry heavy traffic but we can definitely th look at (unintelligible). 15 Street would obviously be the best route. Mr. D. Smith: And Jackson Road because it’s wide and it goes into four lanes down there at Wrightsboro and it dumps out on the Gordon Highway so we could move some of that commercial truck traffic off of there because many days I commute back and forth through there during my regular course of employment and then when I come to Commission I see trucks coming from Washington Road from Sibley going from one direction to the next and they get down there to Highland and Walton Way which is that offset intersection and they get stuck half in and half out and block up traffic in the afternoon and that’s rather irritating. That’s two thoughts for me is that we stop left turns out of those neighborhoods which I think would be a good idea and then the second part is maybe we go see the schools, you know, GRU is always 8 looking for an opportunity to police somewhere and put them over there as a crosswalk guard in the morning time and in the afternoon. We don’t need somebody there 24/7 but certainly when school is out. If we can’t, if the Sheriff can fund a crossing guard program maybe we can go partner with GRU. These are my thoughts. I appreciate your time, Steve. Mr. Mayor Pro Tem: Commissioner Guilfoyle and Commissioner Mason. Mr. Guilfoyle: Steve, I was listening to what you said but I think I heard Ms. Douglas speaking about, you know, with 8,000 vehicles that ride up and down Highland Avenue every day (unintelligible) mostly children that’s going to these public schools having to cross Highland Avenue (unintelligible). But really in Ms. Douglas’ words in one day she had two hundred residents sign a petition that there were two hundred residents (unintelligible). Mr. Cassell: I’ve had several calls against it. Mr. Guilfoyle: In one day two hundred residents signed it. So her main concern is one, safety for the children just not only her child but for all of them. Two, for the residents getting on to both sides of Highland Avenue and three is the speeding. In that five-block section we’ve got to figure a way to slow the vehicles down. That’s where we need your help. Mr. Cassell: That gets into enforcement. Even if you wanted to do speed bumps (inaudible) Mr. Guilfoyle: But the four way stop sign (inaudible) I heard that real quick. I like Mr. Smith’s idea about no left turns. Mr. Cassell: I think the rapid flasher is the new technology. It’s a lot easier to (inaudible). Mr. Guilfoyle: The only thing I don’t want to see is a parent coming in here because they lost their child. Mr. Cassell: We’ve had that, Commissioner Jackson (inaudible) a week prior to (inaudible) Plantation Road. It’s never easy to read the reports; it’s even harder to (unintelligible). Mr. Guilfoyle: It’s hard to look at a mother in the face. This has been going on for two years; I had spoken to you about this and that’s where that flasher came up (unintelligible). Like you said it became part of the scenery. Mr. Cassell: That’s where the technology (unintelligible). It has shown tremendous success all over the country. Mr. Guilfoyle: Maybe you can come up with some ideas from your past experience to slow this traffic down. It would be great for all the residents (inaudible). 9 Mr. Mayor Pro Tem: All right. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor Pro Tem. Steve, can you step to the left just for one second there? Ms. Douglas, I just want to say I empathize with your situation there. I certainly heard you voice and understand that safety’s paramount. I believe that’s what you’re looking for. Steve, at the end of the day quite frankly the day that you went out there this could’ve been a good day and then all days are good days but obviously there’s been some bad news. The question becomes in my mind whether we’ll be proactive or reactive to a situation. I want to try and come to some solution here as much as we possibly can. I don’t think it’s going to happen right here today but I think we need to put a path forward on how we’re going to get to where we need to go. I’ve heard a number of accidents what it actually is out to and how many weeks and all that. I’ve heard you talk about residential versus arterial roads and we know that Highland is more arterial than it is a residential. It’s meant to move traffic. So we do have to keep that in mind as we’re making a decision. Commissioner Smith brought up what is a possible I won’t necessarily say a solution because I don’t know that there’s an absolute solution to anything as it relates to traffic but you want to get as close well make sure you’re dotting your ‘I’s and crossing your ‘T’s as much as possible as it relates to safety because that’s my number one concern. So, Donnie, no left turns out of there is certainly a possible solution. And I witnessed that road quite a bit there’s a lot of truck traffic and it’s meant to do that so I want to make sure that those residents and citizens understand that that is an arterial road. You may think it’s a residential road but by our standards it is an arterial road. Steve, on my saddle here isn’t there some sort of something in the road that kind of restricts how fast you go down that road (unintelligible) or a little circular? Mr. Cassell: There’s some crosswalks down there that’s really a school essential. That is why that is carried throughout that side. And we had Monte Santo --- Mr. Mason: What kind of road are you considering on Monte Santo? Mr. Cassell: Monte Santo is (inaudible). Mr. Mason: Okay, so you wouldn’t consider that arterial or anything like that from that perspective. Mr. Cassell: (Inaudible). Mr. Mason: Okay, so we need to hear, what I see here in a nut shell we’ve got to I don’t know, Mayor, if maybe we can, Steve, if you can look at three options of what it is that we can do potentially do in the particular case we heard. Top of left turn, we heard a talk this double flasher, we heard a request for a four way stop and I’m seeing your face but at the end of the day I just want you to present something to us that are potential options or preferential options or no options at all so that we can really address this the way it needs to. This is on the agenda today is not really being addressed the way that we need to be. We need time to make sure that we are doing what we need to do. But at the same time we want to give it the time that it deserves because all it takes is one person to be affected for it to be a serious issue. And clearly at least one person has been affected and so we can’t you know totally disregard that. So I don’t --- 10 Mr. Mayor Pro Tem: Do you want to make a motion? Mr. Mason: --- I will make a motion that we, Steve, if you could come with three potential options of what we can do. What kind of time --- Ms. Davis: I was going to add to your motion. Mr. Mayor Pro Tem: Commissioner Davis. Ms. Davis: Also with a funding source? Mr. Mason: Yes, a funding source. Yes, absolutely, we got to put you to work. Don’t tell me now but come and do your homework. So it’s easy to say we can but I want to hear somebody say you know what is possible. Mr. Cassell: Okay. Mr. Mason: You take that ‘T’ off of can’t you got can. Ms. Davis: Commissioner Mason, I’ll just ask for one more please. Steve, are you th bringing that back to the 24 to committee? comfortable with Mr. Cassell: Actually it’s pretty much 2 ½ weeks. I mean I got a new hire that’s (inaudible). Mr. Mayor Pro Tem: So, Commissioner Mason, you made that a motion? Ms. Davis: I’ll second it. Mr. Mayor Pro Tem: Okay. We have a motion and a second. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Mayor Pro Tem. All I want to say is I’m very supportive of your request. I thought that it would be terrible if everybody else here said something and I didn’t say anything. I didn’t want ya’ll to feel I wasn’t concerned but I am but almost everything else has been said. So I’ll just say I support ya’ll, okay? Mr. Mayor Pro Tem: And just for the record we all up here are concerned with your numbers and we’re definitely going to do what we can to make everybody safe, okay? Thank you all. We do have a motion and a second on the floor. If there’s no further business, can we, no further questions can we vote by the usual sign of voting please? Motion Passes 10-0. Mr. Mason: Mr. Mayor Pro Tem? 11 Mr. Mayor Pro Tem: Yes, Commissioner Mason. Mr. Mason: I just want to make sure that Ms. Douglas and their crew understand what’s happening from this point and if not, the Administrator or a designated rep can --- Ms. Davis: I’ll tell them. Mr. Mason: Oh you’re tell them, okay, Mary. Okay. Fantastic I just wanted to make sure what we all did what that means moving forward. Mr. Mayor Pro Tem: Absolutely. Okay, Madam Clerk, I think, Mr. Attorney I think we have a need for a short brief legal meeting? LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. Mr. MacKenzie: Yes, a very short legal meeting. I have outside counsel here for one case that shouldn’t take long. Mr. MacKenzie: I entertain a motion to go into a closed meeting to discuss pending and potential litigation and personnel. Mr. Mayor Pro Tem: Okay, can I get a motion to that effect? Mr. Fennoy: So moved. Ms. Davis: Second. Mr. Mayor Pro Tem: Okay, we’ve got a proper motion and a second. No further discussion. Vote by the usual sign of voting. Mr. Guilfoyle out. Motion Passes 9-0. Mr. Mayor Pro Tem: We’re now in legal. [LEGAL MEETING] Mr. Mayor Pro Tem: I’ll call the meeting back to order. Mr. Attorney? 17. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. 12 Mr. MacKenzie: I would entertain a motion made to execute the Closed Meeting Affidavit. Mr. Mason: So moved. Mr. Fennoy: Second. Mr. Mayor Pro Tem: We have a proper motion and a second. Any further discussion? Okay, now vote by the usual sign of voting. Mr. Guilfoyle out. Motion Passes 9-0. Mr. Mayor Pro Tem: All right, Madam Clerk --- The Clerk: Yes, sir. Mr. Mayor Pro Tem: --- we have one consent item --- The Clerk: Yes, sir the --- Mr. Mayor Pro Tem: --- to be added to the consent agenda. The Clerk: Yes, sir, the Addendum item is to abandon, it’s for the abandonment of a th portion of Telfair Lane. This was actually approved by Engineering Services on the 24 and it was inadvertently omitted from the consent agenda by our office. Mr. Mayor Pro Tem: Okay, do we have unanimous consent to add it on the consent agenda? Mr. Williams: You did not have because Nancy just explained how it got off. I know to do that, I think the Clerk did an outstanding job with what we got. I’m really against adding anything but since she explained how it got left off so you have --- Mr. Mason: Permission. Mr. Mayor Pro Tem: Thank you for that Mr. Williams. Thank you, Madam Clerk. The Clerk: Yes, sir. Mr. Mayor Pro Tem: Yeah, he gave permission. Yeah, everybody consented. Yeah everybody consented to add to the consent so we’re good on that. Okay, Madam Clerk, we do have a consent agenda. The Clerk: Yes, sir, we do. Items 1-7 and I don’t believe we have any Planning or Alcohol petitions in this group so that’s 1-7. 13 Mr. Mayor Pro Tem: All right. And including the consent --- The Clerk: Yes, sir, including that consent item, right. Mr. Mayor: All right, can we have a motion to approve the consent agenda? Mr. D. Smith: So moved. Mr. Lockett: No, no, you haven’t given us the opportunity to pull anything. Mr. Mayor Pro Tem: I’m sorry. Do we have any items to be pulled from the consent agenda? We only have seven items so I don’t --- Mr. Lockett: I don’t need to pull all of them. I just need clarification on number four. Number four was confusing at the last meeting because I asked the Clerk several times. I had an agenda item and Commissioner Jackson made a substitute motion on my agenda item and I thought his substitute motion was acceptable and I said I agree with it. And I was under the impression that there was unanimous consent on the substitute motion that Commissioner Jackson made. Now if I’m in error I wish somebody would correct it. Commissioner Jackson? Mr. Mayor Pro Tem: Commissioner Jackson, do you want to reply to that? Mr. Williams: Mr. Mayor Pro Tem, are we going to pull or we going to discuss it now? Are we going to pull it? Mr. Mayor Pro Tem: No, he actually was trying to get some clarity on it. And I think he was just going to go ahead and move with it. Mr. Lockett: If he’s not ready, Mr. Mayor Pro Tem --- Mr. Mayor Pro Tem: Do you want to pull it? Mr. Lockett: --- pull it yeah. Mr. Mayor Pro Tem: Okay. All right, we’ll pull item four. Do we have, Commissioner Williams? Mr. Williams: I’d like to have item pulled five so we can discuss that too. Mr. Mayor Pro Tem: Okay so items four and five. Any other items? Do we have any to be added to the consent agenda? Mr. Lockett: I’ve got several I’d like to add but I don’t think I’ll get unanimous support. Mr. Jackson: Throw them out there, Bill. 14 Mr. Lockett: Eight, nine, ten, eleven, twelve. Mr. Mayor Pro Tem: We don’t have any to be added to consent? Ms. Davis: Mr. Mayor Pro Tem? Mr. Mayor Pro Tem: Yes, Commissioner Davis. Ms. Davis: Item 13. Mr. Mayor Pro Tem: Do we have consent to add 13 to the consent agenda? Mr. D. Smith: I can explain that if somebody wants me to. Mr. Mayor Pro Tem: For the Fire Department? Mr. D. Smith: Correct. Mr. Mayor Pro Tem: (Inaudible). Mr. D. Smith: It’s for the fire trucks. When they ordered they needed this amount of money. Mr. Lockett: That’s all in our packet. The whole thing. CONSENT AGENDA PUBLIC SERVICES 1. Motion to approve the selection and contract between Avfuel Corporation and the Augusta Regional Airport as approved by the Augusta Aviation Commission at their January 30, 2014 meeting. (Approved by Public Services Committee February 24, 2014) 2. Motion to approve the Customer Charge (CFC) Ordinance as approved by the Augusta Aviation Commission at their December 19, 2013 meeting. (Approved by the Commission February 18, 2014 – second reading. ADMINISTRATIVE SERVICES 3. Motion to approve the Housing and Community Development Department (on behalf of Augusta, Georgia) to execute Indemnification Agreement with the Augusta, Georgia Land Bank Authority related to Retention Pond for the Auber @ Barton Chapel Rental Housing Project. (Approved by Administrative Services Committee February 24, 2014) FINANCE 6. Motion to approve award of Construction Contract to Beam’s Contracting, Inc., in the amount of $1,328,099.80 for GDOT LMIG funded resurfacing projects, subject to receipt of signed contracts an proper bonds as requested by AED. Bid 13-197 (Approved by Engineering Services Committee February 24, 2014) 15 PETITIONS AND COMMUNICATIONS 7. Motion to approve the minutes of the regular meeting of the Commission held February 18, 2014 and Special Called Meeting held February 24, 2014. PUBLIC SAFETY 13. The Augusta Fire Department is requesting and adjustment of $64,769 for Bid Item #13-187A, P232653. For informational purposes. ADDENDUM 16. Motion to determine that Telfair Lane, 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, and to receive as information the results of the public hearing held regarding the issue of abandonment 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 and adopt the attached Resolution. (Requested by Augusta Law Department) Mr. Mayor Pro Tem: All right we do have item 13 added to the consent. Any others? All right, can we have a motion to approve the consent agenda? Mr. Lockett: So moved. Mr. Mason: Second. Mr. Mayor Pro Tem: All right we have a motion and a second. Any further discussion? Okay, now vote by the usual sign of voting. Mr. Guilfoyle out. Motion Passes 9-0. [Items 1-3, 6, 7, 13, 16] Mr. Mayor Pro Tem: Okay, Madam Clerk, we can since we have people waiting for, we’ll go ahead and take item 15 and then we’ll go back into the usual order. The Clerk: ENGINEERING SERVICES 15. An update from Storm Debris Removal Contract regarding cost per cubic yard and local participation. (Requested by Commissioner Joe Jackson) Mr. Mayor Pro Tem: All right. Commissioner Jackson. Mr. Jackson: Thank you, Mr. Mayor Pro Tem: Steve and Abie and I guess AshBritt and Leidos, I just wanted to get an update. We’ve never been through this before about where we’re 16 at where we’re moving forward, participation, finishing up just kind of a whole review and so the public knows what we’re doing and we’re trying to move in a most studious manner out there. Mr. Cassell: We’ve got to get Ralph Natale with Leidos and he’ll give an update on their monitoring activities and what they’ve seen out there as far as part of their removal activities. Mr. Mayor Pro Tem: All right. Mr. Natale: I’m Ralph Natale, Director of Operations from Leidos. We’re the sponsoring recovery division. I’ll give a brief overview and if you have any questions, please interrupt me. We’ll go over what has been done so far projection of the future schedule and where we currently are. Current resources, AshBritt has 57 (inaudible) containers out in the field right now, 37 cutting crews, nine more are expected to be added today. Below that you’ll see a chart with the ramp up of crews as we went through the last four/five days. Leidos has taken in 290 local applications. We processed those applications and hired 183 of those local employees. We have 118 working today. We are averaging about 92 employees a day and expect it to increase with the addition of new trucks. Currently the collection has been 72,000 and change. That’s cubic yards and that’s all at the fairgrounds site. They have cut almost 6,000 trees. And in addition to those numbers today 10,000 more cubic yards have been collected and 1,000 more trees have been cut. Below is the, and I’ll leave a copy of this PowerPoint for anyone that wants to look at. Below is the production by day (unintelligible) and the ramp up. I will say that this level is probably expected for the next seven days or so in which case the amount of collection will be dependent on stuff coming to the curb. So it will decrease and so will the level of the stuff in the trucks for this project. The live feed of what has happened, what is currently happening. This is the where all the trucks are throughout the county and where they’re working. I will show you what’s been collected so far. These are the areas that have been collected. The greens are dots where the trucks have stopped and actually taking stuff off the road. As far as, basically we’re looking at another week to finish out. I’ll go over this in the next slide, another week to finish out collection of the debris on the first pass and three more weeks to finish up the project. Here are the trees that have been cut. The bulk of the work is where there’s more I mean the southern part of the county has wider roads and less roads. There are all the cuts that have been done so far. If anyone wants to play with this live feed just let me know and I’ll give you access to it. So the Engineering Department, Leidos and AshBritt have gotten together and put together this three phase approach. It’s industry best practice, it’s the most efficient way of completing this project. Right now we’re in Phase One our initial collection to insure that we touch every resident once to allow them to either bring more debris to the right of way and for the upcoming weeks while Phase One is being completed, cutting crews are going out to address the hazardous trees. Phase Two will be a continuation of the cut crews working and more debris as it comes out to the right of way from residents. Phase Two will be completed when an announcement, eventually there’s going to be an announcement with the date of last pass, your last chance to get debris out to the curb. When that happens and we’ll leave that day we’ll start a final pass so it’ll be after the cut crews are done cutting those hazardous trees. We’ll make that pass within 14 days and approach, the actual physical work will be completed. The audit work will take years and years but (inaudible). Mr. Mayor Pro Tem: Mr. Jackson, you still have the floor. 17 Mr. Jackson: Thank you very much for the update. It’s just something we’ve not been through and it’s such a task at hand I know it’s miniscule to you guys and AshBritt but to us it’s we’ve got the golf tournament coming up in a couple weeks so thank you for the update on that. Mr. Mayor Pro Tem: Commissioner Guilfoyle, sorry Commissioner Fennoy then Commissioner Williams then Commissioner Lockett and Commissioner Davis in that order. Mr. Fennoy: You know what would be, I looked at the illustration that you gave about the various zones but those zones doesn’t mean a whole lot to me because I don’t, I don’t know what the boundaries are. So in the future what would be helpful for me when you identify zones if there are major streets that you could, that four or three zones so I could get a better picture of where you’re working. Mr. Natale: We have detailed zones now. So if you want them just let me know and we’ll give you a copy. Mr. Fennoy: Okay. And I think originally we were talking about anywhere from 30-45 days before this debris is cleaned up. How far, are we on schedule or behind schedule or ahead of schedule, where are we with the? Mr. Natale: Yeah, the projected collection rates are happening now. It shows up completing over 200,000 cubic yards in a few weeks. Now again production will go down and that timeline will extend but to be honest with you and it’s felt with the Engineering Department after 80,000 cubic yards have been collected you drive around and it almost looks like more debris is out there. So I’m not sure if that 250,000 yards estimate was 100% accurate. We’ll see. It may be more debris than we thought but in terms of our collection rate versus our schedule we’re on target. Mr. Fennoy: Okay. All right, thank you. Mr. Mayor Pro Tem: Commissioner Williams. Mr. Williams: Thank you, Mr. Pro Tem. The chart looks good and that was fine. I can them look (unintelligible) though. But I’ve got some questions that you can’t put them on the map I guess. And that is how do we get to the contract that we, I mean I’ve got calls from a lot of folks about what the guideline says and I need the Administrator, the Attorney or somebody to tell me how we first got to this contract because there’s some guidelines that obviously that FEMA says that we ought to go by. So I’m trying to figure out how do we get to that point, that’s the first question to be asked. I know you’re comparing us to Chatham County but somebody needs to tell me how do we get to this contract with this organization? You might be able to answer that but somebody else I think would be able to tell us those things. I mean I don’t care who tells us --- Mr. Mayor Pro Tem: Mr. Ladson, I think he may be more equipped to answer first and foremost. 18 Mr. Ladson: Mr. Mayor, I’m sorry, Mr. Mayor Pro Tem and members of the Commission when we actually started when the, during the storm when we started we actually started with local on call and our staff. After about half, during the storm and after the storm we realized and actually talking to FEMA that we actually needed a consultant. We needed a consultant for monitoring and we also needed a consultant, a contractor for the debris. So at that point we were given a certain amount, FEMA gave us a certain amount of time before you can actually before you go over a certain limit. And we looked at consulting and contractors and AshBritt and Leidos was one of them and this is one where we felt we we’re going to go by and it was an emergency. And so that’s how we came about Leidos and AshBritt and thus far --- Mr. Williams: Abie, I guess I didn’t make my question plain enough. I’m trying to find, I’m trying to figure out the process that says that any time you spend over $5,000 dollars in government money you bid it out. Let me (inaudible) so we’re on the same page. I’m trying to figure out how did we get this particular contract or the contractor to this table without going through the bid process? And I heard you say it was an emergency. Now in an emergency case and I called Ms. Allen I said to her that we should have bid and she said we didn’t have time to go for 60-90 days bid. And I certainly understand that. But we did have time to go out for a five to ten day bid and I’m trying to figure out did we not get that process done before we hired out because I’m getting calls and I’m sure you heard some of those calls, I’m sure Ms. Allen had some conversation because I had some conversations with her about some of the calls that I’ve gotten about why we didn’t do the bid process. I also heard we had, we used the pattern after Chatham County, is that right? Mr. Natale: We used their contract. Mr. Williams: Okay, you used their contract. Well, tell me how we got to this contract in the first before I get to my next question. I got another question but I don’t want to get involved right yet because I’m going to get confused myself. I need you to tell me how we get there without going in an emergency type situation not 60-90 days for an emergency situation that we get back in 5-10 days. Mr. Mayor Pro Tem: I think that Ms. Sams would probably be more suited to get us where we need to be on this. Ms. Sams: Good afternoon Commissioners, Mayor Pro Tem. Mr. Mayor Pro Tem: Okay, Ms. Sams, you can explain the protocol in this particular situation here. It was unique but you can explain how we got there. Ms. Sams: Thank you, Mr. Mayor Pro Tem, for giving me that (unintelligible). As it relates to this particular contract, Commissioner, the, Augusta looked at the seven sources of procurement. After reviewing all seven sources it was determined that this was in fact an emergency procurement and --- 19 Mr. Williams: By who, Ms. Sams? It was determined an emergency situation and we all agreed. But who determined that? Ms. Sams: The Governor of Georgia and the Mayor of Augusta, Georgia determined that is was an emergency, state of emergency. From that and the storm we looked at all seven types of procurement. And the seven types of procurement for Augusta, Georgia would still be a process (inaudible) proposals as Special Services “informal” sole source emergency procurement annual bids. Of the seven which will be the most applicable in this particular situation was an emergency procurement. And the reason that it was determined for an emergency procurement is because had we chosen a sealed bid process -- Mr. Williams: Let me stop you right there. I mean you’re not talking about seven bids, you not talking about best bids you’re not talking about, are we talking about now how we get to that point and your answer was that the Governor and the Mayor declared an emergency and I agree with that. I’ve been waiting to get to the point about how we determine because this governing body should have been the ones to determine whether or not we went out for an emergency bid process whether it be five or ten million or whether it be a one day or whether it be no. But I’m trying to find out from you who, who decided that we’re going to emergency bid for this governing body. Now I know about the Governor, I understand about that. I understand about the Mayor and I need to know from somebody who made that decision who was not brought to us. And there was a Called Meeting Friday. I missed that one but I ain’t missed many of them so I wasn’t here. Ms. Sams: Okay and thank you for that, Mr. Commissioner. But under the Code, the Augusta Richmond County Code under Article 6 and the definition of emergency procurement it so states not withstanding --- Mr. Williams: Can you put it on the screen? Ms. Sams: I’ll be happy to. You have on the screen Article 6 Section 1-10-57 Emergency Procurement so that’s your method. And we use that method to go along with the Mayor and the Governor of Georgia as it relates to emergency procurement. And I’m paraphrasing but if you consider emergency procurement you have to consider the public health, welfare and safety as it relates to the citizens of Augusta. Of course with the ice storm being that severe those were the first things that came to mind. I think also in your question to me was why didn’t you go out immediately with the process? Do you want me to elaborate on that? Mr. Williams: I hadn’t got --- Ms. Sams: Okay. Mr. Williams: --- you gave me Article 6 Section 1.7 and I understand what statement, kind of read that (unintelligible) and I understand about the safety. I understand about all of those things but I’m trying to figure out who gave that authority, who has that authority and this governing body did not have any input on. 20 Ms. Sams: This particular body if I could answer that would be Ms. Allen --- Mr. Mayor Pro Tem: Ms. Allen. Ms. Allen: If I can clarify and hopefully I’m going to address your question, Mr. Williams. We actually at that Special Called Meeting brought forth two resolutions. So we did come before this body before taking any action. The emergency process was part of that resolution as far as how we were going to get to those two consultants. But --- Mr. Williams: And I remember that, Ms. Allen. I was here at that meeting when you brought those resolutions to us. But to the fact that we still didn’t get an approval to, to not go through the process where we had the opportunity as elected officials (unintelligible) to say well you know you don’t need to do that. If time didn’t permit and there’s some things that FEMA required and time didn’t permit that but time certainly did permit it. In fact stuff was still on the streets we hadn’t got up. And I’m sure we got a lot of stuff up. We’ve got stuff that’s still out there so it’s not like the emergency had a road block and we couldn’t, the government gave a warning about the ice storm coming in. We had trucks rolling in here to get the power back on. Now we got to clean it up. This is after the storm, this is not during the storm. This is after the storm. So I’m trying to see now how we got to that point of time because I’ve got calls and I called you about it, Ms. Allen, because I didn’t want to, I done told you the young man I talked to that I couldn’t elaborate much because I didn’t know very much about it. I wanted to make sure we done the process right. So I got calls from local haulers who said they was to stop working, Ms. Sams, and you talked about that. The local haulers said that they some was, everybody was supposed to stop. Some did and some didn’t. So this is a big elephant. You got to take one bite at a time. You can’t eat the whole elephant at one time. You got to piece him one bite at a time. Ms. Sams: And I agree --- Mr. Williams: So my bite right now is how we got to that point, who gave that authorization whether it was the Administrator or the committee, who gave that authorization? Ms. Sams: The authorization, Mr. Commissioner, to the best of my knowledge was given through resolution and the resolution adopted contracts that you have before you today. Mr. Williams: Okay, so I need to get the minutes of the resolution to see what was presented to us so I can reassure that we approved that we did understand what we’re doing. Because from what I understand was the resolution was because it was, because the need for the cleanup was so bad that we were in the process of getting some things done. But now what you’re saying is we gave an okay to not to do emergency bids. Not just regular bids but emergency. Ms. Sams: No, sir. What I’m saying, what let me kind of clarify that for you. I --- Mr. Williams: I can’t hear because Mr. Smith’s got a conversation down there and I want him to hear. This is very important and I need to hear what you’re saying. 21 Ms. Sams: Yes, sir. Okay, the resolution adopted the procurement process of those particular counties. So once you adopted the process of those two counties, those are the processes that Augusta went under at that time. I heard you say the government disallowed certain processes. Did I understand you to say that? Mr. Williams: No, I said the government can allow different process. If we can we had the authority to grant emergency bids --- Ms. Sams: Yes sir. Mr. Williams: --- but you have to do a bid. You just can’t assume that because one county or another county does it and I had no idea when you brought the resolution that that’s what we were doing. I thought we needed to do something and it was going to be a process brought. In fact I thought the process went through, I didn’t know a process until I got these phone calls. And I’m trying to make sure now that we dotted every ‘I’ and crossed every ‘T’. I’m not sure now we didn’t that we didn’t go out and do something. I see a lot of out of town workers up and down our roads. Our local garbage haulers that’s another thing. That elephant is so big --- Ms. Sams: Okay. Mr. Williams: --- even the local haulers are not picking up the stuff they couldn’t pick up. I don’t see any of that. So I don’t know where we are but when I walk to Kmart or when I walk to WalMart any of those marts I go to I’m asked questions all day long. Ms. Sams: Yes, sir. Mr. Williams: I got phone calls all day and night about what we’re doing. Ms. Sams: Mr. --- Mr. Mayor Pro Tem: Ms. Sams, hold on one second we’ve got two more questions down here I’d to give them the opportunity to address that. Commissioner Fennoy then Commissioner Jackson then Commissioner Grady Smith. Mr. Williams: So let’s clear up about what you’re doing now, Mr. Mayor, because he said I hadn’t got my questions. Mr. Mayor Pro Tem: Well we, I’ve given you ample amount of time, Commissioner Williams, that they wanted to answer, they wanted to ask a few questions as well so of course you know we’re not in committee so we’ve got a time limit on what we’re doing up here today. We can always put this back on for committee to have further discussion. But I know they wanted to ask a few questions. Mr. Fennoy: My question is for the Attorney. 22 Mr. MacKenzie: Yes, sir. Mr. Fennoy: Are you familiar with the process that Procurement uses for the --- Mr. MacKenzie: For Procurement? Mr. Fennoy: --- for Procurement? Mr. MacKenzie: Yes sir, very familiar with it. Mr. Fennoy: Okay, I mean was anything wrong with the process? Mr. MacKenzie: No. Our department had consultations with both Engineering as well as Procurement before the procurement was let. All the circumstances were explained by the department as well as procurement and a decision was made of what would be the best scenario to present to the Commission as far as options to proceed with this procurement. Because of the nature of this debris and how wide spread it was and all the safety and health concerns with getting off the streets immediately and avoiding accidents, traffic issues and all that and the department could probably speak to that more, it was determined that the best procurement option under our code utilized with these facts was the emergency provisions within our code and those were the ones that were presented to the Commission. That was in a Special Called Meeting. Department explained why we needed to use those provisions rather than use a short duration procurement or something along those lines. Those were options that were available. With the resolutions that were presented to the Commission and approved by the Commission utilization of the Emergency Procurement Procedures were used. That was to adopt procedures from other jurisdictions who have done a competitive selection process and to select just the vendors that were the winners of those processes instead of doing a more competitive bid process. Now I know a lot of the calls y’all are getting are vendors who say hey, you shouldn’t have done that. By the way I can do it a whole lot cheaper but keep in mind this was an RFP process that was utilized in both these other jurisdictions. It’s not based solely on prices to insure you have a qualified vendor that can get it done. Now what FEMA will do is they will look at whether or not how a procurement code was followed and whether or not the pricing that was utilized was reasonable. As long as those two factors are okay then I’m not aware of a single jurisdiction where FEMA funding had been denied even where there was a piggyback contract which was been utilized with this particular process. Mr. Fennoy: Okay. And my next question is for Ms. Sams. Ms. Sams: Yes, sir. Mr. Fennoy: Ms. Sams, have we gone through the normal procurement process to clean up the debris? When would somebody have actually been on the street had we gone through the procurement process? What’s the earliest that we could have gotten somebody out there to pick up the debris? 23 Ms. Sams: Mr. Commissioner, had I gone through a, and we looked at, we looked at time because it was considered in essence to this decision we looked at the time. We looked at the seven procurement methodologies. We took all of that into consideration and had we gone through a normal process it would have been 40-45 days. Or had we gone through an emergency process under the public work laws of the state of Georgia and of Augusta, Georgia it so states that there’s a limited amount of time under the public works contract will be 10-15 days. But of course in this emergency perhaps it could’ve been ten days. But you still would have had to go through a process of advertising or bringing it back to this Commission or doing all of the steps that are required under Public Works regulations. Mr. Fennoy, thank you for that question. If you can just bear with me just a few minutes I would like to share some information with the Commission that I like would be very important because the calls that you all are receiving are from competitive vendors who of course are interested in this contract. And some of the things that I have been hearing because I have not been receiving those calls it could be an interpretation of guidelines as opposed to a misstep of the guidelines as it relates to the city of Augusta. The city of Augusta feels like it has taken the appropriate steps as it relates to the guidelines, procedures and processes governing this city this state and federal ordinances. And one of the things that I’d like to share with you as Commissioners, what you’re looking at here comes directly out of FEMA’s rules and regulations. Mr. Fennoy: Speak into the mike, please? Ms. Sams: What you’re looking at here is what some of the vendors has been talking to you about taken directly out of the FEMA regulations and it so states that it gives the city of Augusta to invoke its own procurement procedure and process. And that’s what we did. As it relates to local participation procedures and protocol we invoke that first, we engage in contracts with our local vendors because it was them, it was the local vendors that assisted us through a process that could have been very devastating to our citizens. After invoking the contracts that we identified within the Procurement Department and within the landfill and Engineering and other available contracts those persons were given an opportunity to work and it was those persons that held Augusta together, addressed the issue of the lines being down or the trees being in the cemeteries or the trees making it impossible for our citizens to pass on our right of ways. So we did in fact address local participation on the onset. But as Mr. Ladson has stated to you and even with FEMA and riding around in the city, it was then and only then we recognized the full impact of the ice storm. And at that time our database did not support any local person who could cover everything and be within the guidelines set by FEMA. So therefore we had to go out looking. That was a long thought out process. That’s how we came up with the two contracts that you have before you. The other thing that we need to talk about another regulation from FEMA. Also in 13-36-5, gentlemen, we fostered everything we could to make sure that the city of Augusta addressed its needs and we accomplished the mission that was set before us as it relates to our citizens. And we are within the guidelines of FEMA. We had calls from some vendors that said oh this is an unconstitutional process. And I’m sure that you heard that because we heard that from you. Now I have not seen, we have gone out and called persons, we spoke with persons who had these FEMA contracts could not find not one that FEMA has denied because of the type of contracts that we have. We’re doing everything humanly possible to make sure that we follow those guidelines. And we have been in contact with and communicated through the Engineering Department that we will probably receive, FEMA’s not going to commit 24 because you have to go through the process. And there will be some auditing provisions that we’re going to do. Our goal is to make sure that when the audit comes that Augusta will be able to receive the reimbursements. But the most important group that I want to share with you as Commissioners and that’s the Rule of Competition taken out of the FEMA guidelines and it so states: Procurement by Noncompetitive Proposals is procurement through solicitation of a proposal by more than one source or after solicitation of number of sources. Competition is determined that that’s the group that they’re getting. But if you look at ‘B’ that’s the one that nobody wants to talk about when they’re talking to you. The public existence or emergency or the requirement will not permit a delay resulting from a competitive solicitation. Now had we gone out for a competitive situation we could not possibly address the emergency situation that given birth to the two contracts that you as commissioners approved through resolution. Mr. Mayor Pro Tem: All right. Commissioner Jackson then Commissioner Grady Smith. Mr. Jackson: Thank you for the update. I make a motion to receive as information. Mr. Fennoy: Second. Mr. Mayor Pro Tem: Commissioner Smith. Mr. G. Smith: First of all what I’d like to see --- Mr. Mayor Pro Tem: Can you pull your mike down, Commissioner? Mr. G. Smith: I’d like to see first of all, thank you for what ya’ll did, Ms. Allen, all of ya’ll, the whole county staff that was involved in this thing. This was something we knew was coming. Thank God we got some warning. We had FEMA in place and I think the plan we had at the meeting I went to with the gentleman from GEMA he was very complimentary. And I think what we went through and plus what we’re going to go through when the Master’s gets here trying to clean up to put our best foot forward and now we’re nitpicking on how it’s being done. Give me the guys that can get out there and perform. You let 25 guys with chain saws and trucks out there you don’t know what you got. At least now we got people in here that have been involved with Katrina and the Long Island fiasco up there, (unintelligible). You know I can cut a tree and everything but I don’t know how long it’ll take and I can take it to a dumpster or over to the neighbors’ yard (unintelligible). You know we got to have somebody come in coordinate this. You know, and that’s basically what it is. It is coordination and completion because we’ve got about 38 days and all of a sudden here comes the Masters. So I applaud ya’ll. I think it’s a job well done and I’m glad to say I’m from Augusta. We’ve got some people that can step forward and make a decision and not worry about somebody coming off and nitpicking everything they do. Thank you. Mayor Pro Tem: I agree with (unintelligible), Commissioner Smith. I think the (unintelligible) technicalities because I did get some of those phone calls and I tried to explain to the contractors exactly the situation based on information that I received. And this is a very unique situation here and it was one that we had to adhere to at that particular time. There was a lot of technicalities in the process and what I think they don’t understand is it’s more to it than 25 just saying okay I have a few trucks and you know and a few bodies that go out here and deal with this. This is a massive situation here and I don’t think anybody could adequately go out there and sufficiently give an estimate on the debris because you don’t know how much debris is out there of course collect. And you can’t do it on the hours based on production so that’s the way this whole contract is designed and set up. And I just wanted to kind of put that out there because I did receive a few phone calls from some of the contractors and their concerns. And it’s not an hourly contract it’s a production contract. Commissioner Lockett and we’ll vote on this. Mr. Lockett: Thank you, Mr. Mayor Pro Tem. First of all I’d like to say that what might be nitpicking to one might be an extremely valuable question by another. So I wouldn’t want to characterize anyone’s comments or questions as nitpicking. I also would like to believe that this storm would’ve come the last week in April that we would’ve been able to put forth the same effort that we’re putting forth now because this was prior to the Masters. I have no problem with what has been done by the people that were called in to do the work. There was in fact there still is a massive job and it’s really nice when you go out and travel around you see those trucks full of those big trailers with that equipment on it you know somebody is picking stuff up. So I want to applaud them for that. But I do have a question. Commissioner Williams indicated that you all use I think an RFP from Chatham County. Was that RFP ever used by Chatham County or do you just have it in case the needs arise? Ms. Sams: It was a contract that was put in place by Chatham County in case the need should arise. I don’t think the contract was ever invoked because they did not have the storm, the emergency that we had here in Augusta. Mr. Lockett: Ms. Sams, you indicated that because of FEMA that we may use our own procurement process and guidelines and so forth. But our guidelines does not supersede or override FEMA. FEMA has certain requirements and I think one of ya’ll mentioned this word a few minutes ago about ‘piggyback’. Is that what it is, piggyback? Ms. Sams: Yes, sir, that’s known term. Mr. Lockett: What is FEMA’s opinion about piggyback? And I think I saw that somewhere before. Is that something they welcome with open arms or is that something that gives them cause to pause? Ms. Sams: FEMA guidelines state that they do not encourage. Mr. Lockett: And what does that mean? Ms. Sams: That they --- Mr. Lockett: You don’t encourage something. What does that mean? Ms. Sams: It means that they will not, they give you a choice of how do you want to proceed without them stating the type of procurement that you need to invoke. 26 Mr. Lockett: Well, would that infer that maybe the decision that we made wasn’t a good decision based on FEMA’s definition of piggyback? Ms. Sams: No, sir, it doesn’t. And the reason is doesn’t is because FEMA in their regulations also said if a jurisdiction decides to use piggyback that they would be scrutinized just like any other procurement method. Now if we had a contract in place, that contract too will be scrutinized in the same manner. So I think that we’re within FEMA’s guidelines and I think that being within those guidelines we will be scrutinized as we would for any other procurement. The only prohibitive contracts that we, that I was able to find in talking to my other colleagues and NITB and other municipalities and in FEMA’s regulations, the only prohibitive contract that FEMA has identified are those --- Mr. Lockett: That’s a contract? Ms. Sams: Okay. The only prohibitive contracts that has been identified in accordance to FEMA’s regulation or again CFR part 13-36f4 and they are saying cost plus percentage cost contract should not be used and that would be an affirmative. That’s the only contract that they’re saying. That contract and any contract that is entered into with the (unintelligible) contract those are the only two they have listed as prohibitive. Mr. Lockett: And my last comment will be I want to applaud you, the Administrator, Engineering even Steve Cassell and all the others for a job well done. Thank you. Mr. Mayor Pro Tem: All right, we have a motion and a second on the floor. If there’s no further discussion vote by the usual sign of voting. Mr. Williams votes No. Mr. Guilfoyle out. Motion Passes 8-1. Mr. Mayor Pro Tem: Okay, Madam Clerk, we can go ahead and take item 14. I know we have an Attorney here. The Clerk: Yes, sir. Mr. Mayor Pro Tem: Tim, I’m going to ask you to explain this item. The Clerk: FINANCE 14. Approve Tax Anticipation Note terms. th Mr. Schroer: Good afternoon everyone. On February 18 the Commission approved us issuing a Tax Anticipation Note. And this morning we sold that note to Georgia Bank and Trust 27 and the resolution before you is authorizing the close of that note. The interest rate was 1.05% which was the low bidder. Mr. Mayor Pro Tem: All right, what’s your pleasure? Mr. D. Smith: I make a motion we approve. Mr. Fennoy: Second. Mr. Mayor Pro Tem: All right, we have a motion and a second on the floor. Any further discussion? Commissioner Lockett. Mr. Lockett: Mr. Schorer, this TAN is for what purpose? Mr. Schroer: We’ll use the TAN to fund the GRU Campus Center if SPLOST VII passes. Mr. Lockett: Then what happens if SPLOST VII Referendum does not pass? Where do the monies come from to pay the interest on this loan? Mr. Schroer: That would come from the general fund, sir. Mr. Lockett: The fund, the fund that we don’t have any money in, in the first place. Mr. Schroer: It would be a fund from the general fund. Mr. Lockett: And at 1.05% interest with the anticipated amount of time what are we talking about in dollars and cents for interest? Mr. Schroer: The gross interest rate would be approximately $47,800.00 however because it would be invested we would receive some interest rates on that. We’re negotiating with the banks right now. Mr. Lockett: I think previously you indicated somewhere about $20-30,000.00 in interest if it wasn’t passed. It’s gone up now? Mr. Schroer: Yes, sir but what we’ll do is we looked at this, and there was a cost analysis. We did not do a rating bond or rating call and we did not prepare an official statement because it’s more cost effective at a slightly higher interest rate. A rating call is typically $15,000 dollars and the (unintelligible) official statement would then approximately $30- 40,000.00 dollars. The net cost is cheaper to just, again we do pay a slightly higher interest rate. Mr. Lockett: Yeah, I can hear the song and dance now if SPLOST VII Referendum doesn’t pass and we got to take it out of the general fund. The employees can just forget a pay raise for next year, right? Thank you very much, Mr. Mayor Pro Tem. 28 Mr. Mayor Pro Tem: All right any further discussion? Hearing none vote by the usual sign of voting. Mr. Mason, Mr. Lockett and Mr. Williams vote No. Mr. Guilfoyle out. Motion Passes 6-3. Mr. Schroer: Thank you. Mr. Mayor Pro Tem: Okay, Madam Clerk, we’ll go on and proceed. The Clerk: ADMINISTRATIVE SERVICES 4. Motion to review the past six SPLOSTs and give us an update concerning the funds that are left open and the availability of the projects left. (Disapproved by Administrative Services Committee February 24, 2014) Mr. Mayor Pro Tem: Okay, who has this item? Mr. Lockett: I did. Mr. Mayor Pro Tem: Commissioner Lockett. Mr. Lockett: I had a question for Commissioner Jackson because there was some confusion on the substitute motion that he made last meeting that was approved. Mr. Mayor Pro Tem: Commissioner Jackson. Mr. Jackson: Thank you, Mr. Mayor Pro Tem. I believe the motion if memory serves me correctly was just to get an update on the SPLOSTs that are open/closed, funds in the account, kind of a one liner spreadsheet of where we’re at with SPLOST all the SPLOSTs and the ones that are closed, the ones that are still outstanding, and the ones that are projects that are ongoing. Mr. Lockett: And Commissioner Jackson in any interests. Would you include interests in your motion? Mr. Jackson: No, if that’s, I don’t why that one is germane but that, I believe that would go into. I don’t know if that would be a Tim question. Mr. Lockett: Well, if not, I can always do an Open Records. I just wanted to do it the easy way. Mr. Mayor Pro Tem: All right. Commissioner Smith and then Commissioner Williams. 29 Mr. D. Smith: This question is for Mr. Jackson. With what you just said, Joe, open and closed projects, would we have a need to do, to get information back if it’s already been built? Mr. Jackson: I think in defense of the Commission that wasn’t here in SPLOST four or five and now we’re going into seven just kind of give you some transparency updates. Just a spreadsheet one liner and should be on somebody’s desktop. I thought that would satisfy where we’re going with a, with the project. Mr. D. Smith: And can I follow up? Mr. Mayor Pro Tem: Go ahead. Mr. D. Smith: Is Tim still here? Tim, we’re standing up and talking about things that you have intimate knowledge of. How much time and effort are we talking about is this going to cause you? Mr. Schroer: Yes, I’m still not quite sure what you’re looking for. We publish an annual th report in October, I’m sorry, in December. As of September 30 that has it’s broken down by phases and project categories. And that was in the paper and it’s online. I don’t know if that’s where we’re, if you’re looking for a specific projects we can give you an analysis of specific projects. Finance can give you the dollar amounts but as far as where we are with the projects itself that’s --- Mr. D. Smith: That was my question for Mr. Jackson. Is the information simply related to money because apparently some people here are concerned about whether we have excess money left over from the SPLOST project. I’m just trying to pull two sides together and get it into one pie so we can figure out what we’re making here. And I’ve got (unintelligible) blocked on the left who’s had some interest and Mr. Jackson on the right and I’m trying to pull this together and trying to figure out exactly what the two sides want. If I can get some input from you two gentlemen. Mr. Mayor Pro Tem: Commissioner Williams --- Mr. Williams: Yes, sir, thank you. Mr. Mayor Pro Tem: --- and Commissioner Lockett. Mr. Williams: I might be able to help my colleague on the left. Nancy, I asked for this information go be given to me and with all of the figures that Mr. Smith is talking about, Donnie Smith is talking about as far as the interest. Finance has got this number. They’ve got the names of projects as well. They ain’t got this money that’s floating out there I don’t think. And so you’ve got some numbers that associated with the projects. So you ought to be able to give us those names that are associated with those monies that were spent, have been spent, or need to be spent with those projects, they got the numbers. I would like to have, Nancy, I requested before I’d like to have those numbers, one liner’s with the money’s that left on the project, the projects finished with those SPLOST dollars, any interest associated with that to that particular project 30 whether there’s money they can use for something else we will, this governing body will decide that. I just need to know what’s left what’s been spent on the project or they don’t do the project or refund the monies. Now I’d like to have those, am I plain, Nancy, what I’m asking for? The Clerk: Yes, sir, I communicated that to Lena. Mr. Williams: Okay, thank you. Mr. Mayor Pro Tem: Tim? Mr. Schroer: I’d like to, the question that keeps being addressed about interest, interest is not earned on specific projects. It’s earned on at the fund level so it’s not allocated to a specific project unless there’s a cost increase that is approved by the body. So if Project ‘X’ is a million dollars we don’t allocate any interest to that project. It goes into the fund. And then if Project ‘X’ goes, needs additional funds, interest can be allocated to cover those excess costs. Mr. Williams: Okay, if I can respond. Mr. Mayor Pro Tem: Yes, Commissioner --- Mr. Williams: Tim, that’s fine with me. I don’t, you don’t have to add that interest to it. If that million dollars is left I mean I may not be able to figure it to the penny but I can tell you how much interest ought to be there for that. I just need those dollars figures, what’s been spent, what’s left or what’s needed to complete the project. And that’s general information any of us ought to be able to get. So I’d like to have that so, I don’t worry about the interest if the interest is not broken down into each project. But if there’s a million dollars left or $10 million dollars or whatever it is, I mean, we got a way of telling what the interest should be because there’s other money that’s sitting there and money’s still money. If the million’s sitting in the bank belongs to any department and accumulates ‘x’ amount of dollars and that million (unintelligible) same amount of money so that’s not a big item to me. I’d just like to have those dollars related to that project so we’ll see what was spent, what’s left if anything. Mr. Lockett: Mr. Mayor Pro Tem, I’m still waiting. Mr. Mayor Pro Tem: Commissioner Lockett. Mr. Lockett: I am concerned about the interest. I’m not concerned about all the age specific projects but if you have a $1.3 million dollars just sitting there that earned the interest I want to know what are you doing with it. Did you use it for general obligation funds or what? I need to know and I would think my colleagues would want to know if and there again find out who has this information, engineers or Dr. Ladson has provided lots of information. You’ve got Parks and Recreation with SPLOST money. Do you have, the engineering, do you have SPLOST money that’s sitting there for GDOT projects but you can’t spend it now because you’re waiting on them but is there anything else that we can use that money for in the interim? We’re the ones that have to make that decision but if we don’t know we can’t do anything about it. Plus last week almost $200 million dollars SPLOST VII or referendum. I’ve seen lots of stuff 31 on that and it looks to me it looks like some of the stuff I saw on SPLOST VI. It looked like some of the stuff on SPLOST V but the only way you know is to look at it. We have that responsibility whether we have the interest or not is one thing but we have the responsibility. And, Tim, as many times that I’ve talked with you and ya’ll pretty much know what I’m asking for. And what I’m asking for I don’t feel that I’m unreasonable and I wish all my colleagues would have that concern. Thank you, Mr. Mayor Pro Tem. Mr. Mayor Pro Tem: I guess it would be fair to say, Tim, that we can probably and I know Commissioner Jackson mentioned the last VI SPLOST gave us an update as to the list of the projects whether they’ve been completed or not. But I think we probably need to make it comprehensive overview of the last three SPLOSTs on monies that have been spent or have not been spent and so we can, what Commissioner Lockett is alluding to is that we can kind of interpret whether or not we can use those dollars on like projects somewhere else or whether or not we’re just still waiting based on something else that has occurred. So I don’t know how much time you need to put that together but I think it’d be a good idea to probably put something like that together and get it to us so we’ll know exactly where we are on those projects. Again, I do agree with him we saw some item that was on this SPLOST package that were on SPLOST VI and SPLOST V and we need to know that those dollars are not being allocated to the same project within that particular entity because we had some of our outside entities who request dollars and could not receive them based on the project that they have already received dollars for. So they come to seek more money for that same project. So we need to know that as well. That is just something that’s come to us and I know it’s come to me and of course I do want to make sure we address that issue. So but if you pretty much put something together showing us exactly and maybe from other departments as well but --- Mr. Schroer: We have a spreadsheet that I believe was distributed to the Commission as th of September 30, a list of all the projects. Mr. Mayor Pro Tem: Dating back how far of receiving it --- Mr. Schroer: It would’ve been from SPLOST II through the current. Mr. Mayor Pro Tem: And that has the dollar amount and the department --- Mr. Schroer: Yes they --- Mr. Mayor Pro Tem: --- if they completed it or not? Mr. Schroer: Yes, sir, I mean it has the dollar amount that you’ve spent so far in the budget. I guess I’m not quite sure what additional information you’re looking for. Mr. Mayor Pro Tem: Okay, I’ll take a look this (inaudible). Commissioner Fennoy. Mr. Fennoy: If seeing SPLOST V and they see a nonprofit was given $5 million dollars and they had to come up with 25% max. 32 Mr. Schroer: Yes, sir. Mr. Fennoy: And as of this date they have not come up with their 25% max. Where is the money that was allocated for that project and what happens next to that money? Mr. Schroer: What we’ve done with specifically with outside agencies if they do not meet their match requirements, those fundings would be reassigned within that category. Those agencies have the collection period of SPLOST which is typically five years plus two additional years to raise funds and complete the project. Mr. Fennoy: Okay so --- Mr. Schroer: It’s sitting in our bank account right now. Mr. Fennoy: But who makes the determination on how those funds would be reallocated? Mr. Schroer: The Commission, sir. Mr. Fennoy: And once the, say seven year period has expired and that particular organization has not reached their match, would you bring that dollar back to us and say we have $3 million dollars in SPLOST funds that were allocated for A, B, C, D and they seemed to not meet their match, what do ya’ll want us to do with the, or where do ya’ll want the funds to go? Mr. Schroer: Yes, sir with the match not (unintelligible). Mr. Fennoy: Okay, thank you. Mr. Mayor: Anything further? Commissioner Davis. Ms. Davis: Thank you, Mr. Mayor Pro Tem. The report you handed out I’ll email it back to you. Maybe we can get a hard copy of it. But it talks about every project, estimated costs, prior years, what’s been spent, what’s been completed and what hasn’t been completed. And that the report ya’ll sent us back in January so maybe if we just give everybody a hard copy? Mr. Schroer: Yes, ma’am. Ms. Davis: Thank you. Mr. Lockett: Mr. Mayor Pro Tem, if I may (inaudible). I have the report. I have all of the SPLOST reports. I have looked and studied each and every one of the SPLOST reports since SPLOST I and it does not answer all my questions. And Commissioner Fennoy just asked a very important question that it does not answer. Thank you, Mr. Mayor Pro Tem. Mr. Mayor Pro Tem: Do we have a motion to receive this as information? 33 Mr. Fennoy: Second. Mr. Mayor Pro Tem: I need to hear a motion first. Mr. Fennoy: Motion to receive as information. Mr. Jackson: Second. Mr. Mayor Pro Tem: All right, we have a motion and a second. Commissioner Williams? Mr. Williams: Yes, sir, I didn’t hear what my request is. I mean I hear the motion to receive it. I’ve done received information a thousand times. I need something in my hands. I need the one liner. That’s right, I need the one liner. I don’t need to come back. This should have been on the table by now. Now there’s something wrong when we can’t get the information out of the computer on to the table. Now I need to know if we receive it as information exactly what that’s going to do. Mr. Mayor Pro Tem: All right I guess, Tim, how soon could you get that information? I understand what we do have in an email but obviously that’s not in detail. What’s the deal? Mr. Williams: I mean if I can, Mr. Mayor Pro Tem, I need the names of the projects, I need to go back and look at the project list we put together and write it down and give it to Finance so they can say well this is project we want. All of the projects ought to be on the computer where we’ll be able to look at it and see what’s been spent, what’s left, who matched, who hadn’t matched. What we need to do to move forward and do something else where people hadn’t raised their match funds to go with. I don’t understand, how hard is it? Mr. Mayor Pro Tem: I know basically on SPLOST VI it was information and showing those who had matched and those who didn’t match or met their matches if you will. I’m not sure about the others but and that’s what I’m saying if we can get that information in a nutshell that shows those entities or agencies if you will then I think that will be suffice (unintelligible). Commissioner Fennoy. Mr. Fennoy: If Commissioner Williams will make a substitute motion I will second it. Mr. Williams: Substitute motion as to what? Mr. Fennoy: We already have a motion to receive as information. If you want to make a substitute motion to address what we’re asking for --- Mr. Williams: Well, I’ll put in a motion --- Mr. Mayor Pro Tem: Well, you’ve got to put in a substitute because we do have a motion and a second to for the main motion. 34 Mr. Williams: I need information. I didn’t get that information from Finance to show us what projects had been completed and what had not. What’s the balance of that and I can determine the interest if I know that ‘x’ amount of dollars is there, that’s really what I need to know. Commissioner Lockett wanted to know the interest and I ain’t got no problem with that either but if Tim and Finance don’t have that mechanism of doing it then we have a thousand dollar wait. But if you’ve got that particular way to get the interest I mean I would love to see that as well. Mr. Mayor Pro Tem: Okay, Tim. Mr. Schroer: I got, I’m sorry, I thought that was the information we provided in the past. Mr. Mayor Pro Tem: In January. Mr. Schroer: Yes, sir. Mr. Mayor Pro Tem: I’ll take a look at it again. Commissioner Lockett said he didn’t see any of that information in there as well as the interest so. Well, we’ve got a substitute --- Mr. Lockett: Mr. Mayor Pro Tem if I may if I’m not completely out of order. You know we can do whatever we want to do with this. I’ll just do an Open Records Request and I’ll just be specific as to what I want. I did it in the first agenda item I did but I can do it again. I’ll just do it in an Open Records form. You don’t have to worry about it. Mr. Mayor Pro Tem: Okay. Commissioner Williams, did you want to request the same thing? Mr. Williams: No, I’m not doing an Open Records. I mean Joe Q. Citizen can do Open Records. I’m an elected official. I’m here and I’ll be getting that information by Open Records or anything else. If it’s down there then it needs to be brought to this body through the Administrator or through the Finance or through the Attorney or somebody. But that don’t make good sense. So I’m not going through Open Records. I asking for a request for information I’d like to have that. I gave it to The Clerk and now I’m directing the Administrator. I’d like to have that information from Finance. It only takes a push of a few buttons. Mr. Mayor Pro Tem: All right, Madam Clerk, we have a substitute motion. The Clerk: Yes, sir. Mr. Mayor Pro Tem: Could you repeat that motion? The Clerk: That was to provide the information in that Mr. Williams had requested. But we don’t have a second. Mr. Mayor Pro Tem: Oh, yeah, Commissioner Fennoy. 35 The Clerk: Mr. Fennoy, okay. Thank you. Mr. Mayor Pro Tem: With no further questions vote by the normal sign of voting. Mr. Fennoy, Mr. Johnson, Mr. Lockett and Mr. Williams vote Yes. Ms. Davis, Mr. Jackson and Mr. G. Smith vote No. Mr. Mason, Mr. D. Smith and Mr. Guilfoyle out. Motion Fails 4-3. Mr. Mayor Pro Tem: All right we have a primary motion on the floor. With no further questions vote by the usual sign of voting, substitute motion to receive as information. Mr. Fennoy, Mr. Johnson, Ms. Davis and Mr. Jackson vote Yes. Mr. Lockett, Mr. Williams and Mr. G. Smith vote No. Mr. Mason, Mr. D. Smith and Mr. Guilfoyle out. Motion Fails 4-3. Mr. Williams: Madam Clerk? The Clerk: Yes, sir. Mr. Williams: If I don’t have that information put that back on the agenda. The Clerk: Yes, sir. Mr. Mayor Pro Tem: Okay, Madam Clerk, we’ll go to item five. The Clerk: FINANCE 5. Motion to approve the replacement of one (1) 1994 forklift for Fleet Management and Broad Street maintenance shops. (Approved by Finance Committee February 24, 2014) Mr. Mayor Pro Tem: Commissioner Williams. Mr. Williams: Yes, sir, I guess I don’t have a problem with a ’94 forklift. I guess somebody needs to tell me why we’re buying a 1994 forklift. And the other question I have, Ron, while you’re up there is, where are we with our fleet management, aren’t we on a month-to- month contract, where we’re supposed to have something brought back to us with that before now? Mr. Crowden: Yes, we were coming to you in late February however the ice storm got in the way of getting the agenda into the system on time with the strict regulation, time regulation can get it through the electronic system to all people who have approvals. It’ll be presented to th you March 10. It’s on the agenda. 36 Mr. Williams: Okay and we had discussion on what we’re going to do as, talking about the contract now. Let’s talk about that. Mr. Crowden: That’s what I understood the question. Mr. Williams: Right, I have two questions. That’s what I want to clarify the Fleet Management has been on a month to month for several months now and you say that will come in when? th Mr. Crowden: March 10 on the committee. Mr. Williams: Okay, have we talked in a meeting about what we want to do or do we have to go out for an RFP and try to get another -- Mr. Crowden: Well, Mr. Chairman as a matter of fact Commissioner Smith was the one in committee that made the motion to go out for bids to see what else might be out there. That was done in September/October of last year. So the RFP went out and we’re at the time we’re in the process now of choosing do we want to go with a contract pro or other options. So --- Mr. Williams: Okay, so I guess you’re bringing something to committee for us to consider to look at? Is that what you’re saying? Mr. Crowden: Yes, sir, there were two vendors that were (unintelligible). Mr. Williams: But we hadn’t had any discussion --- Mr. Crowden: There wasn’t any discussions. Mr. Williams: --- made a motion to go out and just to see what was out there and how do we deal with it how we can look at it. But I’m hearing now the decision had already been made to select one of those two. Is that right? Mr. Crowden: No, sir, you’re not locked into any course of action. Mr. Williams: Okay, well I hadn’t heard any course of action, that’s what I’m getting at, Ron. I hadn’t heard. We’ve got two vendors and if I had not mentioned it today I guess the contract would be coming back to us of the two vendors would be coming back to us and then we’d be discussing it. Now I asked that question today. I’m trying to figure out why nothing has been brought to us to even consider so we can look at either going out with one of those, going back in house or doing this. Mr. Crowden: That would be a point of discussion at the time if the agenda comes forward to the Commission. There would’ve been no other suggestions or recommendations or whatever in any of the meetings without looking at any other course of action because we’re in month to month and not pressured into accepting any contracts. 37 Mr. Williams: Okay, well --- Mr. Crowden: And if you want to look at other options that would be the time to discuss it. Mr. Williams: I think we need to discuss it before we get to committee if we’re going to do, I mean, before we get to Commission. And what we should have brought it back to committee so we can look at it. But I don’t have that I just need that added on to our next committee so we can look at those options and come back (unintelligible). Now the other question going back to the 1994 forklift can you tell me why we’re buying a 1994? Mr. Crowden: No, we’re buying, we’re replacing the 1994 --- Mr. Williams: Replacing the 1994. Mr. Crowden: Yes, sir, it’s 20 years old and it’s really having to struggle to stay (unintelligible). It supports the fire shop, the (unintelligible) and Fleet Management all three organizations. It’s supporting all the departments. Mr. Williams: And we’re getting another forklift in place of this one, right? Mr. Crowden: We want it a little heavier than the 6,000 pounds. We’re going for 9,000 pounds. That’ll make sure we cover all requirements of those three shops. Mr. Williams: Okay so moved (unintelligible). Ms. Davis: Second. Mr. Mayor Pro Tem: All right, we have a motion and a second. Any further discussion? Okay now vote by the usual sign of voting. Mr. Lockett, Mr. D. Smith and Mr. Guilfoyle out. Motion Passes 7-0. Mr. Mayor Pro Tem: Okay, Madam Clerk, we’ll move along with the regular agenda. The Clerk: ADMINISTRATIVE SERVICES 8. Approve requesting the Sheriff’s Department to do a preliminary investigation of the hard drive issue relative to the tampering with a city computer. (Requested by Commissioner Williams) Mr. Williams: So moved. Mr. Mayor Pro Tem: Commissioner Williams made a motion. 38 Mr. Mason: Second. Mr. Mayor Pro Tem: We have a proper motion and a second. Any further discussion? Okay now vote by the usual sign of voting. Mr. Fennoy, Mr. Mason and Mr. Williams vote Yes. Mr. Johnson, Ms. Davis, Mr. Jackson and Mr. G. Smith vote No. Mr. Lockett, Mr. D. Smith and Mr. Guilfoyle out. Motion Fails 3-4. Mr. Williams: Point of personal privilege, Mr. Mayor Pro Tem. Mr. Mayor Pro Tem: Yes, go ahead. Mr. Williams: I had this put on the agenda but I already had sent a letter to the Sheriff’s Department to get an initial investigation started anyway. I thought this body would want to know exactly what was missing and what we can replace. There is no need to necessarily have the majority vote, the majority six votes. I just wanted to inform you myself. Mr. Mayor Pro Tem: Thank you for that (inaudible). Commissioner Fennoy. Mr. Fennoy: I guess this question is for the Attorney. Mr. MacKenzie: Yes, sir. Mr. Fennoy: Since the Commission voted not to do an investigation, can Commissioners ask the Sheriff to do an investigation against the will of the body? Mr. MacKenzie: Just to clarify. The Commission did not approve the motion to request that the Sheriff do an investigation. However the Commission did not take an action requesting the Sheriff not do an investigation either. It was just no action taken on that item. But I will say the Sheriff has his own discretion to determine whether or not to investigate a crime. Any person whether it be a Commissioner or any member of the public can make a request for an investigation to be done if there’s a belief that a crime has been committed. The Sheriff can do that or anybody can make that request. The Sheriff has discretion to determine whether or not to conduct the investigation. Mr. Fennoy: All right, thank you. Mr. Mayor Pro Tem: All right we move on to item 9, Madam Clerk. The Clerk: ADMINISTRATIVE SERVICES 39 9. An update from the Interim Administrator regarding identifying a funding source to fund Disparity Study, related IT programs and approve same being done. (Requested by Commissioner Marion Williams) Mr. Mayor Pro Tem: Okay. Commissioner Williams. Mr. Williams: Thank you. The Administrator should be the one to talk on the agenda item. It’s self-explanatory. I need to know where are we with that, (inaudible) the funds to go ahead and get the Disparity Study off the ground. Ms. Allen: Mr. Mayor Pro Tem, members of the Commission I have not had an opportunity to speak to Ms. Gentry as it relates to any expected costs for the Disparity Study nor the IT programs. I know in the committee meeting they were discussing as it relates to some costs but I can assure you if there’s anything that’s related to us spending anything over three or $400,000 dollars at this time it would definitely have to come from our fund balance. There is no other locations in our current budget especially with the 2.4% reduction that we’re experiencing across the board that I can actually locate any other funding to for a Disparity Study at this time other than the fund balance. Mr. Mayor Pro Tem: Do you want to follow up, Commissioner Williams? Mr. Williams: Yes, thank you. Did I understand you said you didn’t have time to even look? It sounds like you already looked. Mr. Allen: Well, I can assure you based on the numbers that were presented at the committee meeting that Ms. Gentry, I have not had an opportunity to sit down with Ms. Gentry. Mr. Williams: All right --- Ms. Allen: But based on the numbers that were given at the committee meeting I can assure you that based on those numbers that would have to come from fund balance. We have no other funding source I guess is the best way for me to put it, Commissioner Williams, other than fund balance. Mr. Williams: All right, I heard that and I’m not too worried about the fund balance as much as I am looking at every aspect. You first stated you hadn’t had the opportunity because I guess with everything going on with the ice and the cleanup. But when lapsed salaries or any other unfilled position that we have not filled, Assistant Administrator, I mean you hadn’t looked at anything, you have looked at anything else except the fact the fund balance. Now we know the fund balance is there but you know there’s got to be --- Ms. Allen: If I can clarify something --- Mr. Mayor Pro Tem: (inaudible). Ms. Allen: --- I’m sorry. 40 Mr. Mayor Pro Tem: No, go ahead. Ms. Allen: If I can clarify as it relates to lapsed salaries, lapsed salaries is actually used as manpower savings that’s calculated also in our budget to balance the budget. So I’m not saying that I didn’t look at that, Commissioner Williams, however that is actually utilized to balance the budget. And that’s always been a form of balancing the budget because you know that at certain times there’s not going to be every position fully filled. You going to have to fund those positions. What you use is manpower savings estimated manpower savings --- Mr. Williams: Ms. Allen, I think you know as well as I do though that this particular agenda item has been back and forth, back and forth and has not been able to move out of this room except in conversation and conversation only. So I’m really disappointed, I’m really upset that we even talk this game about what we’re going to do but when it gets down to, and one of the Commissioners said he could find the money. And I said it was denied and delayed. And that’s the same thing I’m hearing now is denied and delayed if we can’t find it. Now we done found a million dollars around here --- Mr. Mayor Pro Tem: Commissioner Williams --- Mr. Williams: --- for a study before and I hope we can find another million dollars because and I’m not worried about the person who found it I’m worried about the person who lost it. There’s some money in contingency so I think we need to go back look at every aspect to see what’s there because this is a serious agenda item that’s been on this agenda for months and months and months and even years and we have got no further that where we are now. Mr. Mayor Pro Tem: Hold one second. We are about to lose our quorum here. Mr. Attorney, we’ve got to have seven or six? Mr. MacKenzie: You need seven for purpose of a quorum. Mr. Mayor Pro Tem: That’s what I thought. We just lost our quorum so we’re going to have to adjourn. What we can’t even do that without the quorum so the meetings will not be adjourned it will be, Mr. Attorney, we’ll have to just --- Mr. MacKenzie: The procedure for the meeting to end at this point in time, you can’t continue a meeting without, you can have discussion all you want you just can’t take any further action. But the meeting’s automatically suspended until the next regularly scheduled meeting. The remaining persons here could set a time and date to resume the meeting but I would assume it will be the next regularly scheduled commission meeting. Mr. Mayor Pro Tem: Committee or Commission. Mr. MacKenzie: I’m assuming the next commission meeting will be a regularly scheduled meeting unless there’s another Special Called Meeting set before that. 41 Mr. Mayor Pro Tem: So we cannot adjourn this meeting because we don’t have a quorum, correct? Mr. MacKenzie: You cannot adjourn. You can’t take any action. Mr. Williams: And we can set a Called Meeting prior to the committee meeting on Monday. We don’t have to wait until the next scheduled meeting. You can set another meeting. Mr. MacKenzie: You can set another meeting. Mr. Mayor Pro Tem: You can call a meeting, right. Mr. Mayor Pro Tem: All right, Ladies and Gentlemen this meeting is suspended. (March 4 meeting was suspended due to the lack of a quorum; the meeting was reconvened on March 18, 2014) Item 9: An update from the Interim Administrator regarding identifying a funding source to fund Disparity Study, related IT programs and approve same being done. (Requested by Commissioner Marion Williams) Item 10: Discuss job title for the EEO Director. (Requested by Commissioner Marion Williams) Item 11: Discuss emergency pay for city employees who were required to work during the recent ice storm. (Requested by Commissioner Marion Williams) Item 12: Discuss the appointment process for the Urban Redevelopment Agency (URA) as approved by the Commission January 21, 2014 and discuss the residency of URA members. (Requested by Commissioner Marion Williams) The Clerk: All of those were requested by Commissioner Williams. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Mr. Chairman, if I could get the consent of my colleagues I would like to send all back to Administrative Services Committee for the sake of time. Mr. Mayor: Does that come in the form of a motion? Mr. Lockett: That was the motion. Mr. D. Smith: I’ll second that one. Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner Williams. Mr. Williams: Mr. Mayor, I don’t think, my attorney’s sitting here. I wanted him to speak to this but I don’t think that we can send those back when there were items that were left 42 on the agenda that we didn’t take care of in the first place that were requested by myself. Now that had that been just a (unintelligible) and I didn’t want to do that is one thing but I need to hear from the Attorney to see what his ruling is on those agenda items that belong to me as the th Commissioner who put those on there, back in, I think, the 4 of this month for consideration. Mr. Mayor: Mr. MacKenzie. Mr. MacKenzie: Sure, I agree there is a need to resolve all the items that were on the previous meeting which would be done. If it’s, if there’s six votes to do it once these items are on any Commission agenda the commission retains the authority with six votes to dispose of the item in any way they feel is appropriate which would be to hear them on their merits or to put them back into committee or to hear the items at a later date. As long as you have six votes to do that, once they’re on the commission agenda the commission has authority with six votes to control the agenda. Mr. Mayor: Okay. Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. My Attorney didn’t rule in my favor but that’s all right. The process for, what had happened in this meeting that was never closed out, Mr. Mayor, but we needed these items to maintain their positions on the agenda. And what I’m hearing from him six votes and say we go back to committee. Now I didn’t have put on committee, I had them put on the agenda. You can take a Commissioner, you can’t take a commissioner’s item and put them on an agenda he wants them on when he had them placed or she had them placed, Mary, I was looking at (unintelligible) if she had them placed on the agenda and that’s why she needs to address that. I understand, you know, the way some things are done that wasn’t done right before so I’m not going take that issue but I’m totally positive of what ya’ll are talking about (unintelligible). I want here out on the floor on the commission because that’s where I placed them at. 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. Mason and Mr. Williams vote No. Mr. Guilfoyle out. Motion carries 7-2. Mr. Williams: Point of privilege, Mr. Mayor. Mr. Mayor: Yes, sir, Commissioner Williams. Mr. Williams: Madam Clerk, will you put those same items they want to go back to committee on the next Commission agenda for a ruling? The Clerk: Yes, sir. Mr. Williams: Thank you. 43 th Mr. Mayor: With no further business to come before the body the March 4 2014 meeting of the Commission now stands adjourned. Mr. Lockett: Mr. Mayor, may I speak? Mr. Mayor: Yes, sir. Commissioner Lockett. Mr. Lockett: I just want to say for the sake of my colleagues I was not trying to get rid of these items of the agenda. I just said for the sake of time and I said with my colleagues consent so I wasn’t trying to force anything or take away from it. Mr. Mayor: Thank you, Commissioner Lockett. [MEETING ADJOURNED] Nancy W. Morawski Deputy Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on March 4, 2014. ______________________________ Clerk of Commission 44 45