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HomeMy WebLinkAboutRegular Commission Meeting June 3, 2014 REGULAR MEETING COMMISSION CHAMBER JUNE 3, 2014 Augusta Richmond County Commission convened at 2:00 p.m., June 3, 2014, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, D. Smith, Williams, Fennoy, Johnson, Jackson and G. Smith, members of Augusta Richmond County Commission. Absent: Hon. Davis, member of Augusta Richmond County Commission. The invocation was given by Rabbi Robert Klensin, Congregation Children of Israel. The Pledge of Allegiance to the Flag of the United States of America was recited. rd Mr. Mayor: --- example for all of the faith community. Given under my hand this 3 Day of June 2014. Deke Copenhaver, Mayor. (APPLAUSE) Madam Clerk, on to the presentations please. The Clerk: PRESENTATIONS A. Presentation Augusta, GA’s official AARP Network of Age Friendly Communities Destination. Augusta, GA’s certification as a member of the World Health Organization’s Global Network of Age-Friendly Cities and Communities. (Requested by Commissioner Bill Lockett) The Clerk: Yes, sir. Commissioner Lockett, Mr. Mayor, could you please come down, come forward. Presentations regarding Augusta’s official AARP Network of Age Friendly Communities designations as well as Augusta certification as a member of the World Health Organization Global Network of Age Friendly Cities and Communities. Commissioner Lockett will make the presentation the Mayor will receive on behalf. Mr. Lockett: Good afternoon. Augusta Richmond County, we’re in the big leagues now. We’re one of twenty-five cities in the United States of America that has been designated as an Age Friendly City. We’re recognized by the AARP and the World Health Organization. We’ve had these presentations previously at the Kroc Center but it’s extremely important that we get this on our official record. It’s important that the media, the Chamber of Commerce, Downtown Development Authority and others that try and recruit businesses and people to this community to let them know that Augusta is indeed an Age Friendly City. You know it fluctuates as to whether Augusta’s number two or number three in the state but let me tell you something, when it comes to age friendliness Augusta’s number two, Macon is number one and the big city of Atlanta is number three. So this something that we need to be proud of, celebrate it put it in all of your correspondence. I would be remiss if I did not thank our Mayor and my colleagues for their unanimous support because without them this could not happen. Without out you we’re not 1 going to be successful. This is everybody in a big tent working together to make Augusta Richmond County a better place in which to live. The first one, Mr. Mayor, this is the AARP, the AARP Network of Age Friendly Communities and Institution Affiliate of the World Health Organization Global Network of Age Friendly Cities and Communities. This is to certify that Augusta, Georgia has committed to becoming more age friendly under the criteria established by AARP and the World Health Organization and has been accepted as a member of the AARP Network of Age Friendly Communities. This certification is valid until January 17, 2016. And this was signed by Harold R. Barker, Executive Vice President Office of State and Communities AARP Washington, DC. Mr. Mayor. Mr. Mayor: I was just going to shake your hand actually. Mr. Lockett: Thank you. I have one other that’s just a little larger. This is the World Health Organization, Geneva, Switzerland. Now you think Augusta is only noted for the Augusta National and The Patch? We’re also known throughout the world as an Age Friendly City. This reads: World Health Organization, World Health Organization of Global Network of Age-Friendly Cities and Communities. This is to certify that Augusta, Georgia has been accepted as a member of the World Health Organization Global Network of Age-Friendly Cities and Communities. Network membership is valid until 1 April 2016. Dr. John Deer, Director Department of Aging and Life Course World Health Organization Geneva Switzerland. Mr. Mayor. Mr. Mayor: Thank you, Commissioner. Well, Commissioner, I’d just like to thank you for leadership role on getting this designation. This is a program that Commissioner Lockett learned about on a trip to Chicago to accept an award on behalf of the city. But what we’ve discussed is more livable more walkable cities are friendly for any age. So the AARP designation is a great marketing tool us. It shows that we’re being proactive and as we continue to have baby boomers retire I think that that will lead to long term economic prosperity for the city as well. So once again I applaud your leadership. Thank you to the Commission for being so supportive as well. Mr. Lockett: Thank you, Mr. Mayor. This just goes to show that this governing body sometimes we disagree but we have learned to agree to disagree amicably. And we do work together but sometimes the issues are so out there until you think we are feuding and fighting but really aren’t. We’re just trying to do the best for the community. Thank all of ya’ll and I hope that between the Mayor’s office, the Administrator and the Clerk’s office that these two certificates can be placed where people coming into this building will know that indeed we are Age-Friendly. Thank ya’ll so very much. (APPLAUSE) Mr. Mayor: Madam Clerk, on to the delegations. The Clerk: DELEGATIONS B. Mr. Alveno Ross regarding the 2013 United Way Campaign. 2 Mr. Ross: Mr. Mayor, thank you very much. Good afternoon everyone. On behalf of the United Way of CSRA particularly the Augusta Richmond County Committee we would like to share with you at this time (inaudible) report. Mr. Mayor, it has been my pleasure and honor to serve as the Chair of the Committee but thankfully for a host of people whom names many times are not spoken without their support these matters would not have happened. The display that’s coming up now will give you a picture of the last three years of the employees of Augusta Richmond County totaling just under $97,000.00 over the last three years of activity and in the effort to get there special departments who have participated to assist us along the way. With the support of everyone in the county these dollars are achieved but as always in the midst of activity there are those who step above and we’d like to recognize at this time the divisions of the county at 100% participation in the 2013 campaign. As I call out the department if the representative would step forward and Mayor Copenhaver will be kind enough to do the presentation. First being the Board of Elections. Cooperative Extension Division. EEOC, excuse me EEO. Disability Business Services. Environmental Services. Housing and Community Development. The Law Department. Parks and Recreation. I’d like to point out that Parks and Rec made up a large group of employees that are part time. After two years running they have been very supportive. Thank you so much to say they wish to be part of it and that 100% contribution of full time and part time employees (inaudible). Procurement Department. Tax Assessors. Traffic Engineering. In addition to the 100% participants we also recognize that the 2013 Campaign we established what is known as the $3,000 Dollar Club Membership. That would be those departments that raised a minimum of $3,000 dollars in this (unintelligible) and we’d like to acknowledge at this time the $3,000 Dollar Club Membership to the Environmental Services Department. (APPLAUSE) Large departments have a challenge with participation percentages and we established also because they are the larger number of employees at those divisions we offered up the top dollar contributors for the 2013 Campaign. I’d like to acknowledge at this time that that would be the Sheriff’s Office. They did a tremendous job in increasing their participation in dollars in excess of 330%. (APPLAUSE) And if you would remain with us because you show outstanding services as a model campaign, give the Sheriff a hello and for one year we would like to present you with the trophy that passes along to the department this year for their contribution (inaudible). (APPLAUSE) Again on behalf of CSRA and the ARC United Way Campaign it has been my pleasure to serve as Chair but in all things there must be an ending and therefore it is a privilege for me to announce to this Commission, Mr. Mayor, that the 2014 Campaign a willing volunteer the Director of the HR Department, Ms. Tanika Bryant, will represent all of us as we move forward. And we’re committed to her support. Thank you so very much. (APPLAUSE) Mr. Mayor: Madam Clerk, next delegation please. DELEGATIONS C. Ms. Valerie Mirshak: Seeing final approval of lease agreement between Augusta, GA (Augusta Parks & Recreation) and the Imagination Station Steering Committee relative to the Hickman Park Community Building. The Clerk: Mr. Mayor Ms. Mirshak has requested that this item be referred to the Public Services Committee for consideration. 3 Mr. Mayor: I don’t think we’ll have a problem with that. Madam Clerk, on to the consent agenda please. The Clerk: Yes, sir. Our consent agenda consists of items 1-18, items 1-18. For the benefit of any objectors to our alcohol petitions once those petitions are read would you please signify your objections by raising your hand. I call you attention to: Item 1: Is a petition for a retail package Beer & Wine license to be used in connection with Golden Pantry located at 1959 Kissingbower Road. Item 2: Is a request for a retail package Beer & Wine license to be used in connection with In-N-Out located at 2749 Barton Chapel Road. Item 3: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with Shannons located at 300 Shartom Drive. Item 4: Is an on premise consumption Liquor, Beer & Wine license to be used in connection with Beamie’s At the River located 865 Reynolds Street. The Clerk: Are there any objectors to any of those alcohol petitions? Mr. Mayor, our consent agenda consists of item 1-18 with no objectors to our alcohol petitions. Mr. Mayor: Gentlemen, do we have any additions to the consent agenda? Commissioner Jackson. Mr. Jackson: Item number 31. Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. Madam Clerk, can I consent items number 23, 24 --- The Clerk: 23, okay 24. Mr. Guilfoyle: --- 25, 26, 27, 29 and 30 if any of my colleagues don’t have a problem with that. Mr. Williams: Mr. Mayor, I’ve got no objections --- Mr. Mayor: Commissioner Williams. Mr. Williams: --- I need to know some information about item 25 and 26. Just some clarity on that. I mean if we need to discuss it now let’s discuss it whenever but I need to just, just a couple of questions. Mr. Mayor: Do we have somebody that could bring some clarity to those two agenda items please? Commissioner Williams. 4 Mr. Williams: Ron, I just need to understand a little bit about the two the three vehicles that we’re replacing. Twenty-four says in there a 250 and a 350 but the replacement of the 25 and 26 what automobiles are those? What, I mean is that because of the age, mileage or what’s the replacement? Mr. Crowden: For code enforcement it would be the natural replacement based on age, mileage and accumulated maintenance. Mr. Williams: What vehicles was that on? Mr. Crowden: Hang on just a second. Code enforcement, all right I was on, on code enforcement vehicles the 4X4 is used by an Environmental Inspector that goes out and from time to time she has tires off the side of the road back in the woods where she’ll do an initial inspection for the recovery of those tires and possibly identify the person who put them there. She has other requirements as well that’s why we’re asking for a 4X4. She currently is in a 4X4 and it served her well. That’s for the pickup truck. Ms. Wilson has requested that one of their vehicles be replaced by a Ford Explorer and the reason for that would be that she from time to time is required to take, if you will, a rolling consult with more than two people. This could assist in that regard rather than using a privately owned vehicle. They could take this vehicle around, have this consultation with the inspectors or with other people that she deals with. And that’s why we’ve asked for the Ford Explorer. Mr. Mayor: Are you okay with that, Commissioner Williams? Mr. Williams: No, I’m not okay with that, Mr. Mayor, at all. I mean I’ve been down to Ron’s shop too many times because I know how many vehicles he has and I’m not so much opposed to it but when we specify the automobiles and we’ve got equipment that we still can use we’ve got other vehicles that are still used to run around in. And I’m thinking you know we try to change from the from the Crown Vics and Ford and even came up with a smaller, I think a 500 version car I think it’s a FairLane 500 that which is a smaller car which I think we’ve been going to. Some of the Sheriff’s cars are even smaller than what we used to run and I’m wondering why we’re requesting those type cars and stuff now. I’m not going to hold you up, Mr. Mayor, but I just think we need to be mindful of what we’d be asking for and why we’re asking for it. Just because it’s an Explorer as far as what’s out there now if we would and Ms. Wilson and anybody else is in a car that much I don’t think they want to ride just in an Explorer. So I don’t think the need is there but I’m not going to oppose it. I’m going to support it. My colleague pulled, put it on the consent agenda I’m going to let it go too so. Mr. Mayor: Thank you sir. Commissioner Smith, Donnie Smith. Mr. Smith: I’m satisfied, Mr. Mayor. You can disregard me. Thank you. Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: Mine’s not in reference to that but as far as the pulled items I want to pull Item 10 just so that we’re consistent with Item 28 because they’re the same. 5 The Clerk: Yes, thank you. Mr. Williams: Are we pulling --- Mr. Mayor: No, we had not yet started pulling yet but do we have any further additions to the consent agenda? Commissioner Lockett. Mr. Lockett: Thank you, Mr. Mayor. I’d like to add agenda item number 22, two, two. The Clerk: To the consent agenda? Mr. Mayor: Any further items to be added to? Mr. Williams: Mr. Mayor --- Mr. Mayor: Commissioner Williams. Mr. Williams: --- I need a little dialogue. I mean maybe Mr. Lockett’s got some understanding but I need to know what I’m approving. I’m not going to sit here and, I need to hear something about you know a little information on that if I can, twenty-two. Mr. Mayor: On twenty-two? Commissioner Lockett. Mr. Lockett: Mr. Mayor, in reference to twenty-two the young lady was here at the committee meeting and she gave a very thorough presentation as to what they want to do with the old school. They want to make it for senior housing. Is she here today? The Clerk: Yes, she is. Mr. Mayor: She is. Mr. Lockett: Mr. Mayor, if it’s okay I’d like her to come up so my colleague can be briefed to what she’s trying to do. Mr. Mayor: If we could hear from you, please, ma’am, just right quick if we can clarify this. And if you could state your name and address for the record. We need to get some folks roller skates. Ms. Young: Mandy Young, Americus, Georgia. I was here last year also. Which Commissioner was asking? Mr. Mayor: Commissioner Williams. Ms. Young: Yes, sir. 6 Mr. Williams: I just need to know I wasn’t here --- Ms. Young: Yes, sir, you weren’t here. Mr. Williams: --- at the last committee meeting. And I’d just like to know what involvement we have and exactly what are you doing? Ms. Young: We’re just asking for a Resolution of Support to construct Davidson Senior Manor which will be affordable housing for seniors, 55 and older. We were hoping to rehab the former Davidson School but it’s, I showed some pictures when I was here and it’s in such horrible disrepair. We have a contract again this year with the school board Richmond County Board of Education. They agreed to move forward with us again contracting with us for the purchase of the property. So we’re hoping it gets funded this year and with your Resolution of Support definitely will help that we have definite support. Mr. Williams: Thank you very much. I have no problem with that but I didn’t want to vote for something that I didn’t --- Ms. Young: Sure, thank you for asking. Mr. Mayor: Okay. With no further items to be added to the consent agenda, do we have items to be pulled for discussion? Commissioner Mason, did you? Madam Clerk, did you already pull those two? The Clerk: Item 10, 28 is on the regular agenda. Those are companion items. Item 10 was approved in Engineering Services, however, we didn’t have a quorum for Finance so it’s on the regular agenda. So that was a good observation on Mr. Commissioner Mason’s part too for those items. Mr. Mayor: Okay, so 28 was added to. Is that correct Mr. Mason? The Clerk: No, sir, he’s asked that it be pulled --- Mr. Mayor: Okay. The Clerk: --- because 28 is on the regular agenda. Mr. Mayor: Okay. Okay, I got you now I’m clear. Commissioner Jackson. Mr. Jackson: Thank you, Mr. Mayor. I wanted to see if we could send back 34, 35, 36. I know Commissioner Williams has 37 on there. The environmental director Mark Johnson is on th vacation until the 16. He would have all the information. The Clerk: Items 34 and 35, sir? 7 Mr. Jackson: Yes, ma’am, 34, 35, 36 and depending on if Mr. Williams wants to send that back as well. The Clerk: Just to refer back to committee? Mr. Jackson: Yes, ma’am. Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor, I don’t know what we’re doing because we’ve been in committee with it and we came out and it came to the floor last time and it was sent back to committee. Now we’re going to bring it here and go back again. I wanted it on the agenda. Mr. Johnson don’t necessarily have to be here. I guess somebody, I hope he’s got someone in his stead if he’s on vacation. The city don’t stop because he’s not here. I’ve got phone calls even today about some of the garbage. And I’ve got some photographs that I didn’t bring that I’ve been taking around town to show how this garbage is not being picked up like it needs to be. Now we’re paying a lot of money for that services that the people are not getting and someone just needs to give me as a Commissioner an opportunity to hear what their reasoning is, why it’s not been picked up. Now if ya’ll want to put it back to committee you have that right but I’m going to put it back on the agenda because I have that right. And I think we need to address it here now or if we address it next time, Mr. Mayor, whatever this body wants to do but we will talk about it on the floor out here. I’m not going to take it to committee and keep hashing it out there and we don’t get anything done. Mr. Mayor: Okay, that sounds like we don’t have unanimous consent to send 37 but are we good with 34, 35 and 36? Okay. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Mayor. My colleague Commissioner Williams was not here at the last meeting as he indicated. I believe the Mayor Pro Tem advised the Director of Environmental to save his stump speech until the Commission meeting because there were only a small amount of Commissioners here. And I wholeheartedly agree with Commissioner Jackson because the Director is the one that should be here because he is the one that got us in the position that we’re in. And I don’t think that our aggravation should be directed to his assistant. And what, the motion that I was going to make before Commissioner Jackson was is that we send it back to the full commission to make sure that we’re all present because if I’m not mistaken the Mayor Pro Tem when he made the recommendation at the committee meeting the Director did not indicate that he wasn’t going to be present for this meeting which I think he should have. Mr. Mayor: Okay, Commissioner Williams, are you okay to allow for that to happen to move it to the next full Commission agenda? Mr. Williams: Yes, sir, Mr. Mayor, I’m going to agree with that but let me make this comment. I think the buck stops with us. We keep talking about the elected body and who’s supposed to be in charge but if that director was not going to be here and it was on the agenda he should’ve made it his business to be here. And I think we’re the ones that should be finding out 8 why he’s not and why his vacation came up at the same time. Now we’re all entitled to a vacation. It’s something I don’t get but most of us are entitled to a vacation but I don’t mind discussing it on the floor. If we want to bring it back before the full Commission I’ve got no problem with it. I’m not going to hold it up. Mr. Mayor: Okay. Madam Clerk, if we could send 37 to the next full Commission meeting. The Clerk: Yes, sir. Mr. Mayor: Commissioner Jackson. Mr. Jackson: We might want to send 34, 35, 36 to the full Commission. That’ll will be thth the 17 and I think he’s due back on the 16. The Clerk: Thirty-six? Mr. Jackson: 34, 35 and 36 yes, ma’am. The Clerk: Yes, that’s what they agreed to. Mr. Mayor: Send 34 and 35, 36 and 37 to the next full Commission meeting. The Clerk: Okay item, just so we all can have clarity and me as well. Our consent agenda will consist of items 1-18 with the addition of items 22, 23, 24, 25, 26, 27, 29, 30, 31. Item 34 will be forwarded to the full Commission. Item 35 will be forward to the full Commission. Item 36 will be forwarded to the full Commission. Item 37 to the full Commission next meeting. Mr. Mayor: Yes, ma’am. Mr. Brown. Mr. Brown: Mayor, Commissioners, just prior to this meeting I received a call from the Engineering Director. He’s requesting that Item 15 which is road abandonment South Boundary Lane be pulled. I have discussed it with the outside participant which is outside requester which is Augusta Housing Authority. They’re in agreement. The Engineering Department needs to make sure that before we abandon this road it does not interfere with the Twigg Project. The Clerk: Do you want to defer it to the next meeting? Mr. Brown: No, Engineering and the Law Department will place it back on once we’ve gotten the proper platting. We don’t want a date. Mr. Mayor: Okay. Commissioner Mason then Commissioner Williams. Mr. Mason: Thank you, Mr. Mayor, I just want to make a point of concern here. In relation to items 34-37 if I’m not mistaken I heard my colleague Commissioner Jackson say that 9 th Mr. Johnson will be back on the 16 and now I’m wondering in my own mind with the meeting th being on the 17 is that going to be an appropriate amount of time for him to address those four issues. And I don’t know but it’s just a point of concern from that perspective yes I mean, Mr. Mayor. Ms. Allen: Mr. Mayor --- Mr. Mayor: Ms. Allen. Ms. Allen: Yes, Mr. Mayor and members of the Commission, Mr. Johnson was prepared to deliver that information on that actual date. He did send someone in his stead to address any of those concerns so his vacation of course was prescheduled but he did send someone here that th could’ve addressed those items if necessary. So he will be prepared on the 17. Mr. Mayor: Okay. Thank you. Commissioner Williams. Mr. Williams: Two things, Mr. Mayor. First of all, that should’ve been brought up a few minutes ago when we were discussing that. Now we done decided to send it back and the Clerk th done registered that and we going to send it back to the next, the 17 meeting. And I got no problem but that should’ve been brought up at that point because I asked that question and Mr. Lockett quoted me after I said that whether somebody else is here or not and he said Mr. Johnson needed to be here himself and I agreed. So we’ll just if it’s all right with my colleagues to leave it where it is. The other thing is item 15. I want to know a little bit about item 15. When you’re talking about abandonment of the streets in that area, I want to hear from the Housing Authority or someone because I’ve got a couple of questions myself. If that’s going to happen at any point I’ve got a couple of questions as to how myself if that’s coming back next week, next month whenever it’s coming back. So I’d to hear from them if I can. Mr. Mayor: I agree with you that it would be at that point appropriate to have a representative of the Housing Authority here to speak to that issue. Mr. Williams: Okay. Mr. Mayor: Okay. Okay, I believe we’re there. Can I get a motion to, um Commissioner Fennoy. Mr. Fennoy: Yes, I’d like to pull item 6 from the consent agenda. Mr. Mayor: Okay. Commissioner Williams. Mr. Williams: Mr. Mayor, if we’re on our pulling train now I want to pull item 7. I think 10 has already been pulled. Is that right? Item 12, 14 and 16. The Clerk: 12, 14 and 16? 10 Mr. Mayor: Do we have any further items to be pulled? Hearing none can I get a motion to approve the consent agenda? Mr. Mason: So moved. Mr. Johnson: Second. CONSENT AGENDA PUBLIC SERVICES 1. Motion to approve New Ownership Application: A.N. 14-18: request by Ramabhai P. Patel for a retail package Beer & Wine license to be used in connection with Varahi Enterprises, LLC DBA Golden Pantry located at 1959 Kissingbower Rd. There will be Sunday Sales. District 2. Super District 9. (Approved by Public Services Committee May 27, 2014) 2. Motion to approve New Ownership Application: A.N. 14-19: request by Urvashiben Patel for a retail package Beer & Wine license to be used in connection with In-N-Out located at 2749 Barton Chapel Rd. District 5. Super District 9. (Approved by Public Services Committee May 27, 2014) 3. Motion to approve New Ownership Application: A.N. 14-20: request by William D. Brewer for an on premise consumption Liquor, Beer & Wine license to be used in connection with Shannon located at 300 Shartom Dr. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee May 27, 2014) 4. Motion to approve New Ownership Application: A.N. 14-21: A request by David M. Webb for an on premise consumption Liquor, Beer & Wine license to be used in connection with Beamie’s At the River located at 865 Reynolds St. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee May 27, 2014) 5. Motion to approve extending the lease with the US Navy for the Naval Reserve Center on Central Avenue through June 2015. Lease payments are $1 per year, Augusta has no financial or maintenance obligations under this lease. (Approved by Public Services Committee May 27, 2014) 8. Motion to approve an upgrade for the current Electronic Warrant Interchange system from Palatine Technology Group. (Approved by Public Safety Committee May 27, 2014) ENGINEERING SERVICES 9. Motion to authorize condemnation to acquire title of a portion of property for right of way permanent easement, (Parcel 053-0-007-00-0) 3741 Belair Road. (Approved by Engineering Services Committee May 27, 2014) 11. Motion to approve funding final phases of Augusta, Georgia’s existing Design Services Agreement with Kimley-Horn and Associates for the Druid Park Avenue Road Diet Project (RC07-001219) $328,581. This project is on the approved Ban 1 list of Richmond County’s Transportation Investment Act of 2010 (aka, TIA, TSPLOST) projects as requested by AED/TE. (Approved by Engineering Services Committee May 27, 2014) 13. Motion to approve Supplemental Agreement Two, CPB 371041110/T13047139 with LPA Group in the amount of $61,190 to render design services for fiber optic communication lines that will be part of the River Watch Parkway Adaptive Signal Systems Project (RC07-000139). This project is on the approve Band 1 list of Richmond 11 County’s Transportation Investment Act of 2010 (aka, TIA, TSPOST) projects. This supplement will also be for the design and coordination with utility companies and Georgia DOT, as requested by AED. (Approved by Engineering Services Committee May 27, 2014) 15. Motion to determine that South Boundary 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 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 direct by the Augusta Engineering Department and Augusta Utilities Department and adopt the attached resolution. (Approved by Engineering Services Committee May 27, 2014) 17. Motion to approve Supplemental Agreement Eighteen, CPB 323-041110-296823309, Change Number Twenty One with Atkins North America, Inc. in the amount of $71,417 to prepare Use on Construction Plan Revisions for submission to GDOT for the design of two (2) limited access median openings, changes in access for parcels 93 and 95, and design of landscape plans and an irrigation system on the project to improve Wrightsboro Road from Jimmie Dyess Parkway to I-520. (Approved by Engineering Services Committee May 27, 2014) PETITIONS AND COMMUNICATION 18. Motion to approve the minutes of the regular and Special Called Commission meetings held May 22, 2014 and May 27, 2014) ADMINISTRATIVE SERVICES 22. Motion to approve a Resolution supporting the construction of Davidson Senior Manor as an affordable housing for older persons residential community. FINANCE 23. Motion to approve the replacement of 2 cars for Augusta Richmond County Correctional Institute. 24. Motion to approve the replacement of 1-F-250 and 1-F-350 Crew Cab pickup truck for Augusta Engineering Department-Maintenance Division. 25. Motion to approve the replacement of 2 vehicles for Augusta Richmond County Code Enforcement Department. 26. Motion to approve replacement of 3 vehicles for the Richmond County Tax Assessor’s Office. 27. Motion to approve agreement with Rachel Longstreet Foundation, Inc. (Jessye Norman School of the Arts) for funding as authorized in SPLOST VI. 29. Motion to approve a request from the Richmond County Sheriff’s Office to apply for and accept the JAG 2014 grant award and increase the 2014 budget in the amount of $92,103. 30. Motion to approve adjusting the funding level provided to Augusta’s Accountability Court. ENGINEERING SERVICES 12 31. Motion to determine that the ally between 1264 Greene Street and 1255 Telfair Street, as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. 32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and Augusta Utilities Department. 34. Discuss the ESD approach for tire collection in residential areas. (No recommendation from Engineering Services Committee May 27, 2014) 35. Environmental Services Department Update on Solid Waste Collection fees for the Urban Services District. (No recommendation from Engineering Services Committee May 27, 2014) 36. Environmental Services Department Update on Solid Waste Collection fees for Vacant Lots. (No recommendation from Engineering Services Committee May 27, 2014) 37. Discuss the weekly garbage and yard waste pickup(s) associated with the Solid Waste Contract. (Requested by Commissioner Marion Williams) Mr. Mayor: We have a motion and a second. Oh, Commissioners will now vote by the usual sign. Excuse me, it’s been a little confusing today. Motion Passes 9-0. [Items 1-5, 8, 9, 11, 13, 15, 17, 18, 22-27, 29-31, 34-37] The Clerk: And for the record Ms. Davis will not be in attendance for today’s meeting. Mr. Mayor: Madam Clerk, let’s go to the first pulled agenda item please. The Clerk: PUBLIC SERVICES 6. A motion to approve the amended scope of service for HEERY International Staff for Augusta Public Transit’s Operation and Maintenance Facility for Augusta, Georgia. (Approved by Public Services Committee May 27, 2014) Mr. Mayor: Commissioner Fennoy. Mr. Fennoy: Yes, I guess one of the problems that I have with this item is that I received conflicting information about who was supposed to have been the project manager for this project and how it got to be where it is. And I just want to hear from the different parties involved if possible so that I’ll be able to make an informed decision and to make sure that everything that was done was done properly and correctly. And to, so that’s why I had the item pulled from the --- Ms. Dottery: Okay, Commissioner Fennoy. The reason I put this back on the agenda again is because it was, Heery was already approved back in November but you did the contract for the CM at Risk it asked for an owners representative. At that time we had a discussion, 13 myself and Heery and they said they could not represent me as the owner because I’m over the project. So I couldn’t be that representative but I needed that person to be over that. And so we had a discussion on it and he said well we still have monies left over and so I’m not asking for any more dollars because you all had approved a certain amount for them to begin with. So there was monies left over that they could utilize to become the project manager over the CM at Risk that you all also approved to come aboard. And I asked for them to do that for me and in the interim they did the contract that you see attached to this agenda item and they forwarded that to Ms. Allen. Mr. Fennoy: And was Dukes ever a part of this process? Ms. Dottery: (inaudible) answer that for you better than me because I’ve been dealing strictly with Forrest. Mr. Mayor: And if you could state your name and address for the record, please, sir. Mr. LaGatta: Yes, Dennis LaGatta. I’m the project executive for Heery International for the program management for the SPLOST dollars and this additional project that we’ve been asked to help the Transit Department with. The question is? Mr. Fennoy: Was Dukes ever a part of this process. Mr. LaGatta: When we started the project Dukes, Edward Dukes as a subcontractor to our team provided an individual who worked through the earlier phases of the work. That work stopped in January and of course bonded with the individual who was appointed to a bishop position in his church where he could no longer function on site. At that time we decided that we would not spend any additional money until the project actually started because if we did we would very quickly run out of the money that is allocated and available to finish the project. With no specific time for the project to start up we held from placing anyone on the project. At the time when Michael Paten resigned we were given a substitute resume for another gentleman, a Walter Poe. And we indicated that we thought he was an acceptable fit and we did not want to bring anybody on until the project moved forward. More recently as the project came to look like it was going to get through the governmental processes here out of expediency we have people who are still on site that we put into the proposal that would ultimately save the contract and the community funds that are within the approved amounts of money here. We still are not prepared to put anyone on site at a full time/part time basis until there is a need to do so in order to maintain the fiscal responsibilities that we have here. Mr. Fennoy: In accordance to our the information that I received in my agenda book a th person had I think the letter dated April 24 an individual had been identified to work as a project manager part time at the bus depot. Mr. LaGatta: That is correct. Mr. Fennoy: Okay. 14 Mr. LaGatta: And that person is currently here and is working on projects here and is finishing up and can be available on a day to day basis to support the Transit group until more full time representation is required. We feel that this is the most fiscally responsible thing to do with the funds available and not just sit somebody here clocking time. Mr. Fennoy: Mr. Mayor, I know several of my colleagues have their hands up but before this discussion is over is it possible that we could hear from a representative from Dukes today? Mr. Mayor: That’s fine with me. Mr. Fennoy: Okay. Mr. Mayor: Okay Commissioner Mason then Commissioner Williams. Mr. Mason: Thank you, Mr. Mayor. And I’m going to look to our legal counsel to help us answer this question because quite frankly, Mr. Mayor, and I know you’ve presided over many of these. I think we’re getting into the weeds. I’m not sure that this body is responsible for determining who our subcontractors are on a prime contract. And I would caution us very seriously and very closely into continuing on with that line of conversation and offering opinions from individuals that have no real authority in my opinion to speak to this particular issue. So I would look to Mr. Brown to give us some guidance on the Commission and dealing with subcontractors and their work with the prime contractor that we that we contract in with. Mr. Mayor: Mr. Brown. Mr. Brown: Mr. Mason, could you ask me your specific question? Mr. Mayor: We are discussing the staff or the prime contractor that this body has contractor in with. And so my question then is, is it appropriate practice and procedure for us to talk about, dictate to or determine whom our contract vendor our prime contract vendor uses in their operation of their duties within the contract that was signed? Mr. Brown: That Commissioner Mason that would be I’m trying to remain in the mike, okay. I think that would be determined by the contract that we would have. In this case with Heery whether that contract was negotiated based upon the existence of a sub or a particular sub or not or if there is any kind of input provided for it in that contract by Augusta as to their sub. If a contract was awarded based upon a certain relationship that may have been deemed important by the commissioners the commission may possibly evaluate Heery’s request based upon the presentation they originally made to the government that allowed them to have the contract. If that is absent then it would be no binding legal authority to require them to have a particular sub. But a Commissioner still could vote as they chose with the selection of the sub. Mr. Mason: Okay, I’m a little concerned with the verbiage that you used when you say may possibly. And I’m looking for something a little more concrete. And so I’m just trying to get to the bottom of this. I know we’ve had some previous discussions on other contracts and of course absent yourself you weren’t the lawyer of record on that was sitting there. We were told 15 that, you know, dealing with subcontractors and/or determining a scope of work as it related to that from a prime contractor to a sub was out of our jurisdiction and was not something that we should be operating within. So I’m just trying to get some clarity. Mr. Brown: My advice at this point is not inconsistent with the previous advice. My opinion at this point is that it depends upon the content of the original contract and the presentation that Heery made to this government as to who would be their sub or the expectation. But Heery is before you at this point because you do have authority to vote the request up or down. Mr. Mason: Now I have to ask you a question out of for a point of clarity and disclosure. It was mentioned about Dukes. Is there some relationship that you may have with Dukes? Mr. Mayor: I’ll give you two more. Mr. Brown: Yes, I’m aware of that firm. They have been operating here. I know the primary owner which is State Representative Winfrey Duke who also is in my family. But my opinion still remains, he’s a cousin of mine, my opinion remains the same. What authority this government has, has the input in a subcontractor depends upon what this government negotiated in that contract. The previous contract that you’re referring to I believe was the Solid Waste Contract. What the Commission failed to do at that time even though some members had an intention they failed, the Commission failed to preserve the right to have an input as to who was the sub of that contract. However, that contractor did not have to come back before this Commission in order to employ their sub. The distinction here is that this contractor had to come back to you to get this approved. So therefore the Commission by its vote automatically has influence as to who this sub will be. If Heery can hire this sub without the Commission’s input, the Commission cannot stop them from hiring the sub. But if Heery has to come back to this Commission each and every commissioner can vote their own conscience and their own opinion up or down on this contract. Mr. Mason: Thank you. Mr. Mayor, let me just kind of finish my thought process here. I think I’m not denying anything that you said or whether it’s correct or whether it’s not. It seems to be somewhat conflicting and I’m not just talking about that Solid Waste Contract. I’ve been here to deal with several contracts as it related to subs but I do just feel in the interest of disclosure first of all putting that out there which should have been in my opinion came from the very beginning but secondly because there is that relationship there. I just don’t feel like you should be the one to address this particular situation given the fact that we have disclosed, and now of course I disclosed it but I just don’t feel like that would be appropriate in this particular case. Mr. Brown: I have no problem --- Mr. Mayor: Mr. Brown, go ahead. Mr. Brown: --- I’m sorry. I have no problems in not rendering an opinion on it. There are other lawyers who are here from the Law Department. And Mr. MacKenzie will be back for 16 the next committee meeting or the next commission meeting if you wish to defer this. So I have no particular desire to give an opinion but since you asked I’m giving you my opinion which at all times remains independent. Mr. Mason: I appreciate that. Mr. Mayor: Commissioner Williams then Commissioner Donnie Smith. Mr. Williams: Thank you, Mr. Mayor. We have engaged in contracts before and specified who would be working with, what, when, where. So that’s not unusual. I don’t know what this, what was put in this one and how it was put together. I’m hearing the conversation but I remember when Heery got here and I’m taking ya’ll back a while when they was approved for a sales tax that didn’t pass. And we kept them here and we found work for them to do. We kept them going. And I’m hearing that there was nothing for this other contractor to do so, you know, we said we weren’t going to hire nobody. We’re not going to pay nobody like we got paid so to speak so if it’s good for the goose it’s good for the gander. And my thinking pattern on this is that I need to see what the contract says like Mr. Mason brought out. I need to see was that person’s name in that when it came about because we’ve done it for some folks then when we get to the other folks we change our minds. So let’s look at what the contract stated and I guess, Mr. Mayor, I’m going to have to send it somewhere or get somebody to bring it to us and see exactly what was there so we’ll know. But now there’s been a lot of stipulations that we agreed to use and somebody mentioned Solid Waste. We had a solid waste contract come up and the man signed it the day and the next day he was out of it. He came back before this body and because he put him out he brought them back in too. So let’s play the same game all the time. Let’s don’t change it. Mr. Mayor: Commissioner Donnie Smith. Mr. D. Smith: Thank you, Mr. Mayor. I’m, I don’t know how to ask this question other than just be straight forward. How much money are we talking about that you’re intending on saving us by not hiring Mr. Dukes’ firm at this time, sir? Mr. LaGatta: I think the total value is about a hundred and forty some thousand dollars. $145,000 dollars for full value of the services. Mr. D. Smith: All right, now let me make sure I understand because I don’t I think that’s a, I want a clear answer about this. How much money are we saving because that position is still going to get filled. Are you going to have that position do some work that you’re going to pay for at some point? So we’re not saving the whole $145,000 dollars, are we? Mr. LaGatta: No, we’re just, we’re not putting the position into active play. Mr. D. Smith: Okay, so now my question again is how much money are we saving by not hiring Mr. Dukes at this time because the total amount you just told me for that position is $145,000. What are we saving? 17 Mr. LaGatta: Well, we would be saving the difference between having someone here Monday and not having anything substantive for the individual to do until we get this project up and running. Mr. D. Smith: Which is going to be when? Mr. Forrest White: I don’t have the details, I’m sorry. We still have to do some design work and pull the contractor together and the meaningful work that we have left is once we get under construction. What I’m trying to do is to keep the value of the available fee to focus on when we have substantive time on site rather than putting someone on site right now through the end of the job which was part of our original work plan. Mr. D. Smith: I can appreciate that that we don’t want to pay somebody to be here to do something when there’s nothing to do. I just want to know how much money we think we’re saving and then is there going to be an opportunity at that point for Mr. Dukes’ person or his firm to do this particular job when it comes on board. Mr. White: Getting back to your question about the length of time we have a CM at Risk Contract that we’re negotiating right now. We have comments back from the contractor we’re getting ready to have a meeting that would be your attorneys to go over the changes they want to make to the contract. So I’d say we’re probably two weeks to a month out. This position’s been open for a couple of months now so you know that period you know you’ve saved that money by not having somebody here working basically twiddling their thumbs while we’re trying to get these contracts out. Mr. D. Smith: Okay and the second part of my question though now is Mr. Dukes’ firm going to be involved in that? Mr. LaGatta: My answer would be it depends. I’ll go back to in January if we started back up in January absolutely but we didn’t and we didn’t think we would start back up for some time. And as I indicated earlier the individual that was served up by Winifred does not reside here and in order to adequately support this program from the day we’re approved I have a guy that’s here that’s becoming available that can start the work on as an needed hour by hour, day by day basis. That is not full time effort. As Forrest indicated the savings is money we would have saved by not putting someone in place 60 days ago and not putting someone in place until we have a contractor on site 30-45 days. Now what I would say as sort of a concluding remark and I appreciate the questions, I think they’re appropriate is to the contract itself I was not party to the contract. I do not know the substance of the contract. I would like a chance to review it as the legal counsel has indicated. I think that’s reasonable. I don’t know and I couldn’t quote the detail. But what I would say is that I was made aware of this last night and did not know that this was going to be an issue brought in front of this commission today. And I met with Mr. Dukes just outside the door twenty minutes before this started and our conversation about this issue commenced at that time. So in fairness to Mr. Dukes and fairness to whatever questions that are circulating within this group here I think that in less than 24 hours time it’s a little bit unfair to put all of us sort of on the spot yourselves included because I think you’re being pressed perhaps to make some decisions that are a little bit overreaching. My business relationship has 18 always been to do what’s best for this group and do what’s best for this community. And we have continually taken opportunities to reduce our staff, cut back on the number of people, cut back on the number of hours and we have done this not at request but we have done this voluntarily because I’m looking forward to fulfilling our judicial responsibility to this group. We can’t afford to do it and continue to have a responsible financial outcome of these projects. So that’s our motivation and our motivation solely so if I was to ask anything I think it would be appropriate to allow our conversations that are really secondary to the contract basis, I’m not a lawyer but I do appreciate what the line of question is. This is really a business decision between ourselves and a consultant and I’d like the opportunity to work through that. Mr. D. Smith: Mr. Mayor, if I could follow up with a question for our Administrator. Ms. Allen, are you aware of this problem that has crept up here in the last 24 hours concerning this contract? Have you been aware of that prior to today’s meeting? Ms. Allen: I was just actually aware of it just a few minutes ago, Commissioner Smith. And what has happened just to give you a little more direct background on this Heery was actually approved as the project manager back in 2012 to help with the bus barn how we could proceed with the project. However there, and the appropriate funding and everything else was approved by the body. But when it became the process and the CM at Risk project, process was going on and it had to be someone identified as Ms. Dottery stated in order to make sure that everything was going through the legal vested process, we notified the Law Department and of course we were informed just to be on the safe side even though it was already allocated for them to manage this project that we do an amendment to that project. So these funds and everything had already been allocated for Heery to be the project manager for the project. And at that time I do not recall anybody necessarily being identified as the person that was going, you know, the name being listed. But I did just talk to Mr. Dukes a few minutes before the meeting and he brought his concerns to me. Mr. D. Smith: Can I ask you? In your opinion as the, as our Interim Administrator would you think that it’s best for us to take an avenue of let’s bring this back at another time and period when Mr. MacKenzie is here to alleviate Mr. Brown from having to be in a position that he’s in and then allow the two parties to work through their issue and for you to represent the government in this matter? Ms. Allen: I don’t see where that would create any problems based on the fact that right now we’re in negotiation with some of the contract details for the CM at Risk. So I don’t think that delay would cause us any problems and it probably would give us a little more consistency when we come back with a recommendation. Mr. D. Smith: Mr. Mayor, I make that motion. Mr. Mason: Second. Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner Williams. 19 Mr. Williams: Two things, Mr. Mayor. First of all, I heard that this young man said that we need to get with the Attorney to see what changes the Attorney had made. I want to know who gives the Attorney the authority to make those changes and what changes are they going to make? The other part of that is has the contamination issue and all the other stuff associated with the bus barn that we’ve been dealing with. Has anybody talked about it? Has that been resolved, is that out is that, is all that clear? You know we had a big issue with that and that’s the last thing I heard about the bus barn before we, you know, we had all this stuff about the Legal Department didn’t know anything about it. So if there’s some changes and they’ve got to get with the Attorney to make I want to know what changes they’re making and who gives that authority to make those changes. Is somebody from Legal here that can answer that for me? Sylvia Cooper’s sitting out there (inaudible) anybody. Mr. Mayor: Can anybody speak to the contamination issue? Ms. Dottery: Commissioner Williams, the only thing I can tell you at this point I know that there have been remedies done for the contamination out there. And I do know the last thing we received was a letter from the union that is representing the folks at Transit that had some opposition because that representative also represents the employees at the School Board. And he made some allegations and he also requested for a meeting with the ETA. Mr. Williams: If Ms. Bonner don’t have this written down somewhere I said something in that meeting, I can’t remember what I said now but I do know I did mention the fact about the contamination came through and the Attorney said they had no knowledge. And I asked them with all the association ya’ll got with the inaction with the other people why hadn’t this been brought back. So I need to know whether or not that’s been resolved because we might be putting the cart before horse anyway if that had not been resolved. I know you, we’re working together and trying to get this thing moving and it should’ve been moved by now. But because of the contamination because the other issue came up but no one talked about it. Everybody acted like it just disappeared. I mean and I don’t know where the project is or nothing and everybody wants to rush through this thing but I need an answer to that before I can do anything else. And then I’d like to hear from Mr. Dukes if he’s here too I think. Mr. Fennoy said something about it but (inaudible). Mr. Mayor: Excuse me. Ms. Allen? Ms. Allen: Mr. Commissioner, there was some dialogue before in regards to the contamination and the remediation process that was put in place and we also received some documentation from the Board of Education’s attorney as well as Mr. Plunkett actually presented some information. However I don’t have a problem with us bringing that information back to address some of the concerns that you have as it relates to the contamination. Mr. Williams: I guess my only, I just need to know has it been resolved. In other words is it safe, is it okay to go ahead? I mean hearing that the School Board had some concerns (inaudible) but I hadn’t seen or heard anything that it’s okay that we, you know, we remediated and moved through whatever. I know there’s a portion of that property we even talk about a 20 flood zone. Now Ms. Bonner it’s coming back to me now I remember this conversation we had - -- Mr. Mayor: I’ll give you two more. Mr. Williams: --- thank you, Mr. Mayor. We even talked about being on a flood zone in that area and where we are and what we’re going to do. It’s too late once we start the building, start construction like we done some other stuff right here now. Now let’s don’t get started on that let’s stay where we’re at. Ms. Allen: Yes, sir, Jim Plunkett will be able to address some of those concerns. Mr. Mayor: Mr. Plunkett. Mr. Plunkett: The remediation has been accomplished but let me do this. Let me get the information to Ms. Allen and then she can get it distributed to everyone and put this issue to rest. I think that would be the easiest thing to do in that regard. There is some, I believe there’s no further action other than it’s been issued by the EPD but I’ll get that information for Ms. Allen and she can distribute that out. Mr. Williams: Thank you, Mr. Mayor, I appreciate that, that will help me a lot, Jim, to know, is it fixed or not fixed that will help me. But are we talking about something we may not even be talking about. Mr. Plunkett: I’ll be happy to do so, sir. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. This is for Mr. Plunkett. Mr. Plunkett, when you get that information will you please provide information debunking what the architect said about contamination out there and present it to this body? Mr. Plunkett: I’d be happy to do that as well. Mr. Lockett: Thank you. Mr. Mayor: Thank you. We have a motion that’s been made and properly seconded. Madam Clerk, for the point of clarity if you could read that motion back please? The Clerk: Yes sir. The motion relative to the amended scope of services for Heery International for the Public Transit Operation and Maintenance Facility was to delay action on this matter to give the General Counsel an opportunity Heery International, Duke and Duke regarding their concerns to meet with the Interim Administrator to review the existing contract, Mr. Dukes’ concerns and bring the matter back to the Commission for action. 21 Mr. Mayor: Eloquently put, Commissioner Smith. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Grady Smith votes No. Motion Passes 8-1. Mr. Mayor: You should be a ghost writer. Madam Clerk, next pulled agenda item please. The Clerk: PUBLIC SERVICES 7. Motion to approve contract with SimplexGrinnell for RFP 13-222 in the amount of $290,900. (Approved by Public Safety Committee May 27, 2014) Mr. Mayor: Commissioner Williams, I believe this was your pull. Mr. Williams: Yes, sir, I thought I got some clarity on it but can somebody help me as to what this is? Tell me, Donnie. Mr. Barrett: Jeff Barrett with the Marshall’s Office. We covered the specifics as to what the actual security measures are in the Legal meeting. You know I’ll be glad to discuss the process if you have any concerns there and maybe one of your colleagues can fill you in there. Mr. Jackson: Move to approve. Mr. Mason: Second. Mr. Williams: Okay, Mr. Mayor, my colleague who is a specialist and a police officer and knowing all the details kind of enlightened me but thank you. Mr. Mayor: Thank you, Commissioner Smith, that’s two good shots in a row. If there’s no further discussion Commissioners will now vote by the usual sign. Motion Passes 9-0. Mr. Mayor: Madam Clerk, next pulled agenda item please. The Clerk: ENGINEERING SERVICES 10. Motion to authorize the Finance and Utility departments to begin the process of issuing bonds to refund the Augusta, Georgia Water and Sewer Revenue Bonds, Series 2004, currently outstanding in the aggregate principal amount of $160,000,000 and up to $30,000,000 of additional bonds for new water and sewer projects, with PFM, Inc. serving as financial advisor, McKenna Long & Aldridge, LLP serving as bond counsel and Murray 22 Barnes Finister, LLP serving as disclosure counsel. (Approved by Engineering Services Committee May 27, 2014) FINANCE 28. Motion to authorize the Finance and Utility departments to begin the process of issuing bonds to refund the Augusta, Georgia Water and Sewer Revenue Bonds, Series 2004, currently outstanding in the aggregate principal amount of $160,000,000 and up to $30,000,000 of additional binds for new water and sewer projects, with PFM, Inc. serving as financial advisor, McKenna Long & Aldridge, LLP serving as bond counsel and Murray Barnes Finister, LLP serving as disclosure counsel. Mr. Mayor: Mr. Wiedmeier. Mr. Wiedmeier: Mr. Mayor and members of the Commission, this is, we have an opportunity to save some money by refinancing some bonds that were sold in 2004. And we’re asking for authorization to also get up to $30 million dollars in new funding. Mr. Mayor: Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. My only concern with this was as I looked at some of the prior minutes I think there was a discussion as to whether it was refunded or refinanced. And I just want to make sure that our motion reflects the appropriate verbiage. Mr. Mayor: Mr. Wiedmeier. Mr. Wiedmeier: I’m going to ask our financial people that. Ms. McNabb: They’re substantively the same thing so we will be refunding the bonds would be the industry lingo. Mr. Mason: So we’re getting some monies back is what you’re saying? Ms. McNabb: Oh, oh no. Mr. Mason: I’m just trying to figure out --- Ms. McNabb: It’s effectively a refinancing like you refinance your home loan and we just call it refunding. But yeah that’s a good question. Right now just to give you an idea the, based on current market the gross savings will be fifty-two and a half million dollars and the net present value savings would be in today’s dollars $23.1 million dollars so significant savings based on current market conditions. So we’d like to get it moving and get it to market as soon as possible. Mr. Mason: So then are you saying that this verbiage here for refund is okay? I mean I’m getting ready to --- Ms. McNabb: Yes, refund is, would be correct. 23 Mr. Mason: Move to approve. Mr. G. Smith: Second. Mr. Mayor: That’s a nice savings but not a refund. Commissioner Williams. Mr. Williams: Yeah, but Tom help me out now because I’m, if I don’t have my phone or my calculator, Tom, you’ll lose me now but so help me out now. You were saying $160 million and up to $30 million. What, explain that to me a little bit simpler than that. Mr. Wiedmeier: Okay, we’re asking for authorization to sell up to an additional $30 million dollars in bonds because of the efficiencies of doing it when you’re doing a bond refunding it’s much cheaper to do that at this time. Mr. Williams: So what’s the hundred and sixty versus a hundred and thirty? Explain that those two numbers because that’s throwing me off. I don’t --- Mr. Wiedmeier: Okay, the $160 million dollars was borrowed back in or bonds were sold back in 2004. Because the rates are so much lower now we can realize a savings on that by refunding those bonds. Mr. Williams: Okay, but you’re not refinancing a $160 million? Mr. Wiedmeier: Yes. Mr. Williams: Okay, if you did it back whenever you did it shouldn’t it be cheaper now? I mean I got that much my calculator ain’t got to tell me that. Ms. McNabb: When those bonds were originally issued they were issued to mature in 2033 through 2039 so none of the bonds have been paid down yet. You’ve just been paying interest. And that’s because, that is because one issue gets layered on top of the other issue each time you issue new bonds so that the annual amount stays level. Mr. Williams: I mean that sounds like Title Pawn because you don’t go down on that you just keep paying, you keep paying. I mean I’m hearing what you’re saying, Tom, and I understand now you know what you’re saying we’re paying the interest on it but what you should be able to borrow now which should be the same amount I mean what should be refinanced now should be the same amount but you’re going to get back an additional $30 million. Mr. Wiedmeier: If you could address your questions over on that side. Mr. Williams: Well, you’re like me then, Tom. Is that what, we’re going to refinance the hundred and sixty. 24 Ms. McNabb: And add thirty. So theoretically we’ll come out of the transaction with $190 million dollars worth of proceeds. Mr. Wiedmeier: It’s a good deal. Mr. Williams: Okay, it’s a good deal, I’m trusting you. Okay. 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 of voting. Mr. Mason out. Motion Passes 8-0. Mr. Mayor: Madam Clerk, next pulled agenda item. The Clerk: Next item number twelve. Mr. Mayor: And just to clarify was that motion to approve agenda item 10 --- The Clerk: And 28. Mr. Mayor: --- and 28. Okay. The Clerk: ENGINEERING SERVICES 12. Motion to approve the recommendation to exercise option to extend agreement between Augusta and ESG Operations, Inc. for a period of five years beginning January 1, 2015 and ending December 31, 2019. (Approved by Engineering Services Committee May 27, 2014) Mr. Jackson: Motion to approve. Mr. Lockett: Second. Mr. Mayor: Mr. Wiedmeier. Mr. Wiedmeier: Mr. Mayor and members of the Commission at the end of this year we’ll be at the end of our initial five year contract for operation of the, all our waste water plants and we’re requesting authorization for, to renew for the five year second five year term that is allowed in the contract. Mr. Mayor: Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. I pulled this item just to get some clarity on it. And I got no problem I think the firm has done a good job but this says exercise option. I don’t see any other option. I want to know what other option do we have. I need to know about the 25 participation as well as we just had an incident a while ago where we start off with one company saying what we’re going to do and I hear that all the time. But I’m tired of folks singing and I can’t see them singing. I need to know where you’re singing. I listen to the radio, Tom, but I want to see some live entertainment sometime, I want to see some folks live and in living color. Do you know what I’m talking about? Mr. Wiedmeier: Yes. Mr. Williams: Okay, so I need to know what other option do we have and how can we bind another set of Commissioners for five years. A lot goes into this so I need to know what other option do we have. Mr. Wiedmeier: The option would be if the Commission chose not to renew then we would prepare solicitation to go back out and recomplete the operation of the plan. We’re not recommending that. The answer to your second question is are the commitments that were made by ESG when they were coming in I review their reports. I believe that they are honoring their and exceeding their commitments that they made. Ms. Gentry may have more information but as far as I see I’m very happy with the work they’re doing. Mr. Williams: And I’m sure you are, Tom, I mean I’m, we’re in a different seat so I’m sure you are. I’m not against that company by no means but I’d like to hear from Ms. Gentry or somebody else can tell me what. Have they seen her, the same songs I’m hearing? Ms. Gentry how are you doing? Ms. Christler: Good afternoon. I’m Connie Christler, Administrative Compliance Technician for the Disadvantaged Business Enterprise Department. Ms. Gentry’s out of the office this week attending a software conference along with our Procurement Director so I’m prepared to provide you with some information relative the contract. The LSBOP or Local Small Business Opportunity Program participation on this project as utilized by ESG Operations so a number of local companies utilized are 48 local companies. The number of Local Small Business Opportunity Program registered vendors on our list is one and the only reason for that is well, I’d like you to please note that all vendors must be eligible for registration for our program. Mr. Williams: And what do you mean by eligible? Ms. Christler: By eligible I mean that they must be located in Augusta Richmond County that their personal net worth must not exceed $750,000. Mr. Williams: And you only have one? Ms. Christler: Correct, yes, at this time we have one. The percentage of local companies that is not registered with our program but they are local. ESG has utilized in 2013 8.01% and in 2014 year to date 8.6%. And when I say local I mean located within Augusta Richmond County. 26 Mr. Williams: What does that percentage equate to when you say numbers? Now when you say 8%, I mean, you can use 8% of 10 and that’s a lot but you can use 8% of 100 and that’s not very much. So when you say percentage numbers help me. Ms. Christler: I’m saying 8.01 of the companies that they used were local in Augusta Richmond County. Mr. Williams: Okay, but I need a number I guess what I’m asking for because a percentage can I mean it’s like a chart, a graph you can make it say what you want to say can’t you? If I designed a chart --- Ms. Christler: Right. Mr. Williams: --- I can make it good or bad. Ms. Christler: I started out with a number of 48 so 48 local companies. Mr. Williams: Exactly. Well, let me ask one other question I guess to the Administrator. What other option do we have if we choose to do something, if we pass this and chose to do something later we do have an option, Tom, where you at somebody out there to tell me something. I think this contract was written like some of our other contracts and we chose to do something down the road we have an option like what? I mean if this contract --- Mr. Wiedmeier: If we’re not going to renew we need to be making preparations --- Mr. Williams: No, no, Tom, my question to you is what option do we have if we do this now down the road do we have any options that we can use and like other contracts got something written in what’s written in here? Mr. Mayor: I’ll give you another two. Mr. Williams: And I’m trying to get Tom to tell me, Mr. Mayor, so I want need that other two but what option is written in if we need it to. I’m not saying we do. Mr. Wiedmeier: --- termination for convenience, the Commission could chose to terminate this at any time. Mr. Williams: Okay, that wasn’t hard was it, Tom? Mr. Mayor: Okay Commissioner Lockett, Commissioner Mason, Commissioner Smith, Commissioner Fennoy, please come in that order. Mr. Lockett: Mr. Wiedmeier, the work that ESG provides could we just go down on Fenwick Street and people qualified to walk in there and do the job? Mr. Wiedemeir: No, sir, it’s highly technical, high specialized. 27 Mr. Lockett: Have we been satisfied with ESG’s performance since they’ve been here? Mr. Wiedmeier: Yes, we have. Mr. Lockett: And I think the alternative is to recognize the five year extension of the contract or go out with another RFP or bring it, the process back in house. Is that correct? Mr. Wiedmeier: That’s correct. Mr. Lockett: What is your recommendation? Mr. Wiedmeier: I recommend that we renew for the next five years. Mr. Lockett: Mr. Mayor, I believe then the motion I think is seconded. I’d like to call for the question. Mr. Mayor: Okay, the question has been called for and Mr. Brown we will, Madam Clerk? The Commission will now vote whether they are ready or not to end debate. Commissioners will now vote by the usual sign. Mr. Williams: Not ready to vote? Mr. Mayor: If you are ready to end debate vote yes. The Clerk: Is there any un-readiness here? Mr. Mayor: Is there any un-readiness? Mr. Williams: Exactly I think my colleagues had their hands up to speak downtown but - -- The Clerk: Is there, are you is there an un-readiness, Mr. Williams? Mr. Williams: Yes sir, yes, ma’am I’m sorry. I thought --- The Clerk: --- proceed with the vote (unintelligible) Mr. Williams: Okay, I just wanted to make sure we know what we’re voting on when a couple of colleagues had their hand to speak. The Clerk: The vote now is to proceed to terminate the debate. Mr. Mayor: Yes. Mr. Williams votes No. 28 Mr. Fennoy votes Present. Motion Passes 7-1. Mr. Fennoy: I voted No. The Clerk: Okay, well, that motion carries then with 6-2. Mr. Williams: A point of clarity Mr. Mayor if I have --- Mr. Mayor: Commissioner Williams. Mr. Williams: Thank you, sir. I think all these colleagues need the opportunity to ask questions and to talk. We wasn’t opposing anything but I think everybody ought to have an opportunity and not cut another Commissioner short of his comments or her comments if she needs to make those. This is the place to do it and if we’ve got questions we ought to be able to ask those questions and not take, I take great pleasure in working and doing the things that I do but I hate to see our colleagues think that what we’re saying don’t make no sense and you get six votes to stop at least the conversation about it. Mr. Mayor: Okay. Mr. Williams: It is what it is. Mr. Mayor: Okay, we have a motion that’s been made and properly seconded. Commissioners will now vote by the usual sign. Motion Passes 9-0. Mr. Mayor: Madam Clerk, let’s move on the next pulled agenda item, please, ma’am. The Clerk: ENGINEERING SERVICES 14. Motion to determine that any and all roads, or portions of roads within Cherry Tree Crossing, as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached resolution. (Approved by Engineering Services Committee May 27, 2014) Mr. Mayor: Commissioner Williams, this was your pull. Do we want to --- Mr. Williams: Thank you, Mr. --- 29 Mr. Mayor: --- pose your question to Mr. Cassell? Mr. Williams: Yes, I need to know if we’re going to at any point going to close these roads. From my understanding that this project or this Cherry Tree Neighborhoods going to be torn down and built back. So if it’s going to be built back why, are we closing the roads temporarily? Mr. Cassell: They’re going to close them permanently, redevelop them, and reopen a different roadway down there. They’re redeveloping that whole site and requires the closing, close the roads and rebuild the infrastructure. You know it could be roadway network is what it’s all planning to be. Mr. Williams: Okay, but it will from your understanding will be built back at some point with different roads and whatever. Mr. Cassell: Yes. Mr. Williams: And that was my question, Steve. Thank you so much. Mr. Jackson: Motion to approve. Mr. Johnson: Second. Mr. Mayor: We have a motion that’s been made and properly seconded. Mr. Fennoy: (inaudible). Mr. Mayor: Oh excuse me, Commissioner Fennoy. Mr. Fennoy: Steve --- Mr. Cassell: Yes, sir. Mr. Fennoy: --- okay, once we take this action who will be responsible for the maintenance of those roads and that complete area? Mr. Cassell: The developer will be. Mr. Fennoy: Pardon? Mr. Cassell: The developer will be responsible for the maintenance of the roadway. Mr. Fennoy: Okay, but until that area is developed I know they still have big dumpsters in there and I know there’s a lot of trash in and out of that area. Once we gives it the area to the Housing Authority then they will be responsible for making sure that area is kept clean and --- 30 Mr. Williams: (unintelligible). Mr. Mayor: What’s that? Mr. Williams: (unintelligible). Mr. Fennoy: Yeah, --- Mr. Cassell: Yes, sir, they would be responsible for that. I think he’s going to start development pretty quickly once this is done. Mr. Fennoy: Okay. 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. Motion Passes 9-0. The Clerk: ENGINEERING SERVICES 16. Motion to approve and authorize Augusta Engineering Department (AED) to offer five percent above mid-range salary to a potential candidate for the Traffic Engineering Manager position as requested by the Augusta Engineering Department-Traffic Engineering Division. (Approved by Engineering Services Committee May 27, 2014) Mr. Jackson: Move to approve. Mr. Lockett: Second. Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. I was a little bit confused as to what we’re doing. I know Steve was in that position and I know he’s an assistant now. Are we hiring somebody else to do what, watch it Steve they heard what you said. But, Abie, is that what we’re doing because I was thinking that was a position that Steve had that was probably going back to I guess going somewhere else. I don’t know what. Mr. Ladson: No, sir, that’s actually a vacant position that we actually. This is a position just below --- Mr. Williams: Okay. Mr. Ladson: --- Steve’s position. 31 Mr. Williams: Well, I mean and that’s why I need to know. That’s why I need to ask those questions. We sit up here like we’re smart and we know everything but we don’t ask nothing then we, when the camera gets in our face we look like we done lost our best friend. So I mean I’m going to do my job so I appreciate you, all right. 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. Fennoy out. Motion Passes 8-0. Mr. Mayor: Madam Clerk, on to the regular agenda, please, ma’am. The Clerk: ADMINISTRATIVE SERVICES 19. Discuss/receive clarification from the Interim Administrator the city’s policy/consequences that deals with city employees who misrepresent information to the governing authority (commission). Requested by Commissioner Marion Williams and No recommendation from the Administrative Services Committee May 27, 2014) Mr. Mayor: Ms. Allen. Ms. Allen: Yes, sir, Mr. Mayor, members of the Commission in regards to this agenda item there are two areas that are currently in our Personnel Policy and Procedures Manual that could address the misrepresentation of information. That would be the ones that I have the asterisks beside right now. And it’s also going to be dependent upon the intent of someone to actually misrepresent the information that they’re providing. The ND4 Willful Neglect in Performance of Duties is one item and the ED2 Falsification our Misrepresentation of an Official Document or Record. Mr. Mayor: Commissioner Williams. Mr. Williams: Ms. Allen, can you tell me what’s the penalty? I say what it says but it doesn’t what the penalty for misrepresentation or misleading the elected body. Ms. Allen: Yes, sir, according to our Personnel Policy and Procedures Manual you have a warning, suspension, termination depending on the severity of the incident, sir. Mr. Williams: And you said intent. Who determines the intent? Ms. Allen: That’s a good question. Mr. Williams: That’s right, give me a good answer. 32 Ms. Allen: But if, you know, if someone is presenting something that they believe to be true as opposed to someone presenting something they know not to be true it’s a difference. So, you know, the point is whether or not there was willful intent when the information was provided to the body. Mr. Williams: So I guess you need to bring your, bring the, what’s the word the person who misrepresented this body to the Administrator, to this Commission? What exactly how that process works. I’m still lost. I know what’s in our handbook but several things are in our handbook and they’re not followed through. So how does that process work? Ms. Allen: It’s really going to be dependent upon who that person reports to. If that individual reports to the department, that’s one thing. If that, you know, department head or director if that person reports directly to the Commission of course that would be another avenue of how you would handle it. If you’re saying that a person that works for a certain department misrepresented information to the Commission it would probably be, you know, best for the Commission to bring that person, bring that information to the attention of the respective department director so that director could look at addressing that concern. Mr. Williams: Well, I’ve got several issues that I’m dealing with right now. I’ve got my documents put together I’m just trying to find out what the process is. We always hear about, listen to the employees. We’ve got good employees but when people mislead us and misdirect us and we taking what they say as the gospel and it’s not then we’re the ones that have to face the public out there. And I think there’s too much of that happening here in Augusta and we need to make sure that those guidelines is followed and make sure that you know they understand there’s consequences for that and not just take that and run with it because I mean several cases. I’ve got some stuff to come up pretty soon. Just hold your horses. I just wanted to get some clarity so this body will have it on record as to what is supposed to happen and not’s supposed to happen because there’s some misleading going on I guess is a way to put it. Mr. Mayor: Okay, can I get a motion to receive this as information? Mr. Fennoy: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion that’s been made and properly seconded. If there is no further discussion Commissioners will now vote by the usual sign. Mr. D. Smith and Mr. Guilfoyle out. Motion Passes 7-0. Mr. Mayor: Madam Clerk, go ahead. The Clerk: ADMINISTRATIVE SERVICES 33 Discuss discrimination in the city’s workplace. (Requested by Commissioner Marion Williams and no recommendation from Administrative Services Committee May 27, 2014) Mr. Jackson: Motion to receive as information. Mr. Grady Smith: Second. Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner Williams. Mr. Williams: Ms. Humphries, Jacqueline Humphrey, is she present? Mr. Mayor: She and Ms. Gentry are attending a conference I believe. The Clerk: No, Ms. Humphrey is not attending the conference with Ms. Gentry. She’s out of the office attending a conference but they’re not together. Mr. Williams: Well, Mr. Mayor, I had this item put on for several reasons. And I’ve gotten several calls. Now we talked about it in Legal about discrimination in this city workplace. We’ve got several incidents that I know about and I know the Legal said you can’t call it names but I’ve got a young man who keeps calling me about performing a job for two years in a position that he was supervisor. And I think Tom is sitting out there. Tom, you’re familiar with that and it’s in Legal but it’s never going to come out of Legal. I mean when I’m saying Legal in the lawyer’s office but it hadn’t come out. Tom tried to resolve it. Tom, can you come up for a minute? Mr. Mayor, can Tom come up and at least without calling it a name to tell us? He recommended that we go ahead and do this but I get this call at least twice a week if not more not just one incident on that where we know that people have been mistreated and then we wait for them to suffer and go through that so. Can you enlighten us, Tom, a little bit? Mr. Wiedemeir: I believe you’re talking about the case where an employee was in an interim position but did not receive an official appointment and served in that role for some time. When we became aware of it we recommended that he receive his interim pay retroactive to when he began that position. And I think the Law Department will need to --- Mr. Mayor: Okay, are we beginning to trespass into personnel here, Mr. Brown? Mr. Brown: I cannot see how you can have a meaningful conversation regarding this matter without breeching something that should happen in a public meeting. Mr. Mayor: Okay. Mr. Fennoy: Mr. Mayor? Mr. Mayor: Commissioner Fennoy. Mr. Fennoy: Yes, I guess this question would be to our Administrator. 34 Ms. Allen: Yes, sir. Mr. Fennoy: Ms. Allen, what is the city’s policy concerning discrimination in the workplace. And how do we as a government address that issue when it’s brought to our attention? Ms. Allen: How we address it is through our EEO Office because it has to be considered a Title 7 Infraction. So as far as officially we, discrimination is not tolerated in the workplace. However that has to be dealt with accordingly in regards to the Title 7 Infraction. Mr. Fennoy: Then I guess this question is to our Attorney. Mr. Brown --- Mr. Brown: Yes. Mr. Fennoy: --- from what I understand this is a thin line between being unfair and discriminating and that it’s okay to be unfair to an employee as long as you don’t discriminate against that employee. Mr. Brown: Well, I think if we call it unfair we will be speaking from a legal point of view and, no, there’s not a close line between being legally unfair and legally discriminating. It’s the same thing. But all discrimination is not illegal. You have to fit within the class of activities such as race, sex, national origin et cetera. However if there’s an employee that feels that they have, they are aggrieved they can get instructions from their director. And if the director’s a person that they believe is discriminating against they will go to the Administrator with assistance in how to file their charges. If there’s an employee who believes they have a valid case they really do need to make this known. But in general a legal discrimination is against all policies of Augusta Richmond County. Mr. Mayor: Mr. Mayor Pro Tem. Mr. Johnson: Thank you, Mr. Mayor. I would just like to say I think from the perspective of the Commission we have to be cognizant of I guess the steps that we take. Of course our duties as a Commissioner vary direct. We do have folks call us about issues like that but we do have people in place that should be taking care of these issues before it even gets to the Commission. I don’t think they need to be burdening the Commission directly because there is a chain of command. If it is a director or a department head I think those folks do come before this body up here. But just the general employee we should have people who we are paying to take care of these issues and oversee them. I just don’t like to get into the micromanaging aspect of the government when it comes down to the employee the many employees that we have. And I think it is a proper chain of command that should be followed and pursued. So with that being said I would just say to all of us up here on the board that we need to be very careful and try to guide them in the right direction. If I get a call like that I do try to guide them and then of course if I need to follow up with that person who is in charge overseeing that particular issue follow up with them on it because that’s something that we ought to be very careful about as Commissioners because it’s not our job to do that. It’s only our job to do it when it’s a director 35 or someone who reports directly to this body. So I just wanted to put that out there for clarification because we can’t get burdened down with these things and that’s just not our job to do that. We have other things to do to set policy and make sure that this government budget is met from year to year and we need to deal with those things because they’re a very taunting task at times so I do understand Commissioner Williams’ concern because I get some of those same calls. And I try to direct them and lead them in the right direction but we need to make sure that these folks that we have in place that’s overseeing these issues that they’re doing what they need to do and making sure that they’re carried out and they’re resolved and not just lingering around in Legal or any other department for that matter. So I just wanted to state that for the record, Mr. Mayor, and I hope we can get whoever is in charge of that to make sure that they get these matters resolved. Thank you. Mr. Mayor: Thank you. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Mayor. I agree with what the Mayor Pro Tem said 100%. Being a former military man the chain of command is extremely important. If you allow an employee to bypass his or her supervisor and come to us we’re doing a disservice to that supervisor and to the employee. So like the Mayor Pro Tem said, if an employee contacts you will direct that employee to the appropriate department or appropriate department director. That is not our job. As a last resort it may get to us but by virtue of going through all the steps. And that’s what we need to do if not we’re definitely going to lose control of this governmental operation. Thank you, Mr. Mayor. Mr. Mayor: Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor, let me clarify something. I think the Mayor Pro Tem and my colleague Commissioner Lockett had the one on one class on commission training because I agree with them 100% but this process that I’m talking about has been through every channel through department it’s supposed to get in and it’s in the lawyer’s office now and had not come out. And it takes this body to find out why it hadn’t come out. Now I did it, I don’t have time to get into personal relationships with someone who says they’ve been discriminated against because anybody can say that. But Mr. Wiedmeier just came up a little while ago and verified that he as a director got involved, went through the EEO Department they go involved now it’s in the lawyer’s building or suite or whatever it is and it’s been sitting there. So I’m trying to find out how do we move forward? If it is it is, if it ain’t then it ain’t, so I’m trying to figure out how do we need, what do we need to do? I’m not micromanaging or trying to get involved with the operation but EEO done signed off on it and they was in agreement. The director was in agreement he wanted to ahead fulfill it so somebody needs to tell somebody something because if we keep sitting here it’s going to be sitting here because the people who make decisions who ain’t elected sitting down there in that chair down there. And if they’re going to make that kind of decision they need to take the phone calls too. Mr. Mayor: Okay, we have a motion that’s been made and properly seconded I believe to receive this --- 36 Mr. Johnson : Mr. Mayor, I think, if I may, I think Commissioner Williams is right. That’s the point I was making that these folks are charged to do the job they need to do the job. And he’s absolutely correct as far as getting them to get back to us on an issue that’s been sitting So I think at this point it would be appropriate to make a motion that that idly by. department whoever it is needs to be tasked with the Law Department if it’s in legal to get that back to us by the next committee meeting which is next Monday. th The Clerk: June 9. Mr. Lockett: Second. th Mr. Johnson: --- the 9 and get that back to us so --- th Mr. Mayor: Bring it back to the next Legal meeting next Monday the 9. Mr. Johnson: Right. Mr. Mayor: That’s your motion? Mr. Johnson: That’s my motion. Mr. Mayor: We have a motion that’s been made and properly seconded. If there is no further discussion Commissioners will now vote by the usual sign. Motion Passes 9-0. The Clerk: ADMINISTRATIVE SERVICES 21. Approve a request to retain the services of a full-time Veterinarian for the Augusta- Richmond County Animal Services Department. (Requested by Commissioner Wayne Guilfoyle) Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. I was wondering if I could have the director Sharon Broady from Animal Services come up. Ms. Broady, can you bring the colleagues some of the colleagues that’s already aware of the situation that’s been going on. The loss of the part- time Veterinarian that we did have in the past. I know that before this agenda item is completed if the Mayor would permit this to find out with Legal where is our standing ordinance that’s been in their hands for quite some time. But we’re going to go ahead and proceed with this part of the section and tell us why the, what happened with the Veterinarian, why do we need one please? Ms. Broady: Thank you, Commissioner Guilfoyle. Mayor, Commissioners on, in January of this year our veterinarian informed us that she would be tendering her resignation in th the fall. Her situation changed and in May she, May 14 was her last day. Since that time I’ve 37 been in contact with Procurement. We sent a bid out for a part-time veterinarian. We had no response to that bid. Procurement informed me that I could not contact veterinarians individually or personally because of the process so the next step was to ask for a full-time veterinarian. The reason that we needed a full-time veterinarian is because the Department of Agriculture rules changed. We were before July of last year I believe it was able to send unaltered animals to rescue groups. The law changed and now requires that we track every animal that leaves the shelter that leaves Animal Services. It has to be altered. In the past before our veterinarian we had a certificate or voucher program and with that program we allowed citizens to take unaltered animals. They were required to report back to us within a specified amount of time that the animal had been altered. We had a 20% compliance. That did not work. After we hired the veterinarian seven years ago that changed. We were able to send out all altered animals with the exception of the ones we sent to the rescue group. And again that law changed and we are responsible for tracking everything that leaves. We do not have the staff to track animals that leave the shelter unaltered. The problem with the law change is that it does not differentiate between citizens and rescue groups. If we allow rescue groups to take animals unaltered from the shelter we’re going to also have to allow citizens to do the same thing. That would be a tracking nightmare because no way would the staff that we have that we could track all animals that left the shelter unaltered. And that is why we need a full-time Vet in addition to the animals that we receive that are hit by a car that come in victims of cruelty that we just receive on an annual basis. A full-time Vet would allow us to send out more animals altered and it would allow us to keep down disease within the shelter, make sure that we send out healthier animals. Mr. Mayor: Commissioner Guilfoyle, if you don’t mind you still have the floor but I did want to ask, what is the projected cost for a full-time Vet? Ms. Broady: $65,000.00 would be the base salary and with fringe benefits it would run right below $100,000.00. I believe it’s around ninety. Mr. Mayor: Okay. Mr. Guilfoyle, did you have? Mr. Guilfoyle: Yes, sir, if you would like to continue on I’ll --- Mr. Mayor: No, you’re welcome. You still have the floor. Mr. Guilfoyle: Sharon, as far as the law from the Department of Agriculture it states that all animals have to be altered before they give up for adoption. And citizens in the past citizens have adopted unaltered animals. Only 20% of the citizens complied with the rules as far as having a doctor spay or neutered. Can we put, have we reached out to the Department of Agriculture to see if they would bend the rules for us and we put bigger or bigger grass to have the citizens to raise it from 20-80% on the altered animals that goes out for adoption. I’m asking this --- Ms. Broady: No, sir, I have not. 38 Mr. Guilfoyle: Okay. And the law like you said the law that it does not differentiate between the groups and the citizens. I know there’s a lot of rescue groups out there that doesn’t or I know you follow the guidelines through thick and thin. Ms. Broady: Yes, sir. Mr. Guilfoyle: You don’t waiver, I realize that. By reaching out to the Department of Agriculture let’s see if they will at least listen to our needs because there is and ya’ll have no pleasure in doing the job that you do. Ya’ll are always been out of sight and out of mind and that’s one reason I’ve always reached out to your department to check up on you. But I do realize that we need to move forward on this veterinarian and as far as the Law Department as far as the ordinances that we’re trying to get changed, where are we at on that? Ms. Broady: We’re should have a package ready the next commission cycle. Mr. Guilfoyle: Commissioner, I’ll give you another two minutes if you need it. Mr. Jackson: Motion to approve. Mr. Guilfoyle: No, sir, I’m going to pass this --- Mr. Lockett: Second. Mr. Guilfoyle: --- on my colleagues. I know they’re all animal lovers. Mr. Mayor: Okay, we have a motion to approve and a second. I know Commissioner Williams then Commissioner Smith I saw your hand up, Mr. Fennoy. Mr. Williams: I’m just trying to figure out and I’m in support of getting a veterinarian but do ya’ll have any budget money any in the way without going trying to find some more money? Have you thought about how we can do this? Ms. Brody: We have an annual veterinarian budget of $35,000. From that we pay the part-time veterinarian $50.00 per hours once seven hours per week. And that came to $1,750.00. If we were to pay a veterinarian that now, that would run to $95,000 annually. Mr. Williams: Well, can we increase fees? I mean, Tim, is that, how can we get to doing what we need to do because we need the veterinarian. There’s no doubt. I think we’ve got enough support to do that but how we do that is the thing. Everybody’s not an animal lover. Everybody don’t understand so is there any way anybody got. Mr. Schroer: What we’ve done --- Mr. Williams: Now we feed them dogs we feed them and then we water the animals out there now. If they did with water they got plenty of money in water we ought to be able to get it from Tom Wiedmeier. I mean they do it on the fire department they cut the grass (unintelligible) 39 the water. We’ve got to water your dogs so maybe we can get it from that department or some other department I don’t care. Mr. Mayor: Mr. Cassell, you’ve got a smile on your face which tells me you have a solution or somewhat of one. Mr. Cassell: We’ve spoken to Finance and with the budget we have left in the veterinarian but realistically we won’t get anybody on board until the end of the year. So we’re not looking at an $80,000 dollar hit this year. We can budget for it next year but we feel with what we have and maybe in the fund balance just a slight bit and look at raising some fees in the long term then we can get us through this year and move into the next budget cycle. Mr. Mayor: Sounds like a plan to me. Commissioner Smith then Commissioner Lockett the Commissioner Fennoy. Mr. D. Smith: Thank you, Mr. Mayor and if you’ll warn me when my time is up because I’m going to need some more time I can tell you now. Ms. Broady, we’re euthanizing how many animals out there a year? Ms. Broady: Approximately 6,000, 70%. Mr. D. Smith: 6,000 animals, 70%. Ms. Brody: Yes. Mr. D. Smith: And I have just had phone call after phone call about this. And I know we can’t save every animal in the world I understand that. There’s sick and injured animals but I’ve got an email that somebody just sent me that said the North Georgia Inspector’s Supervisor for the Department of Agriculture says it’s at the discretion of the Director of the Animal Control Facility where they choose to adopt out unaltered or altered animals or simply euthanize them. Have you talked to the Department of Agriculture to see if that is indeed the truth? Ms. Broady: I have talked to the Department of Agriculture and that is indeed true. Mr. D. Smith: So the law really now it becomes your discretion and not the Department of Agriculture’s law. Ms. Broady: In order for me to track the animals that we send out I have to have the staff to do that. And I don’t do that right now. What we’re doing is holding all adoptable animals until I can get a veterinarian on board. I have reached out to our supervisor and he assured me this morning that he would schedule some time for us to have animals altered. Also we have a volunteer from Fort Gordon Veterinarian Clinic that has committed to helping us with spay and neuter. 40 Mr. D. Smith: But I guess I’m, my question was that it is your decision not the Department of Agriculture’s. Is that correct given the guidelines? You have the ability to go and make a decision to do something different than what the law says. Is that right? Ms. Broady: Yes, sir. Mr. D. Smith: Okay, all right. I’ll try to because I came to your meeting and I want to try to, we all want to try to help you. And I understand money is the issue out there. And I understand you’ve got some issues with what the Legal Department has or has not done and we want to try to take care of that today too. But I truly, we have to find a solution today about how to proceed to keep from killing 6,000 animals in our community. And I would ask that you look at them and making them in what they’ve done. And you talk about you don’t have enough people to track the animals once they go out. Is there some way that these rescue groups can take on some of that as a volunteer agency to provide some manpower to be able to do that, Ms. Broady? Ms. Broady: That’s a possibility, sir, yes. Mr. D. Smith: Because I --- Mr. Mayor: Commissioner Smith, I’ll give you another two. Mr. D. Smith: --- thank you. I’ve heard from these rescue groups and I’ve got a list of them here that are emailing me as we are sitting here talking. I guess they’re watching this somewhere on TV that they’re willing to take on some of this work if that’s what it takes to track the animals to keep them from being euthanized if we can release them from the animal shelter to some of these rescue groups because they’re willing to do some of the paperwork for us which in turn you tell me is your problem is you don’t have the administrative staff to do that. Is that something that we could possibly look at? Ms. Broady: Commissioner Smith, the only problem with that is that the general public would be allowed to come in and take out unaltered animals as well. I would not be able to specify strictly rescue groups that are willing to come in and take an unaltered animal. I would have to, unless I was violating the law, allow anyone that wanted to come in and take and unaltered animal to take one and then I would have to track that animal. Mr. D. Smith: But I didn’t, the first question I asked you, you said you had the authority to make up the rules. Ms. Broady: Yes, but --- Mr. D. Smith: So wouldn’t you have the ability to, Mr. Brown? Mr. Mayor: Mr. Brown. 41 Mr. Brown: Commissioner Smith, I think the director misunderstood your question. She does not have the authority to do anything other than make the two choices that are provided by law. The law provides Georgia Code annotated 414-3 provides that one she can sterilize all animals. Or two she can allow the release of animals provided that the person who gets the animal provides a signed statement that they would have the animal sterilized within thirty days if the animal is mature. If the animal is sexually not mature they have within thirty days after reaching sexual maturity that animal has to be sterilized. They have seven days after the animal has been sterilized by a licensed veterinarian. The veterinarian has to sign a statement and that statement needs to be returned to Animal Control. The only two choices she has is to sterilize them herself, the department to sterilize them themselves or to hand them out to the public and use that bring your receipt back within thirty days that the animal has been sterilized. She has no other choice and it’s a matter of state law. The Department of Agriculture cannot waive it because it’s a legislative act, it’s not a regulation from the Department of Agriculture. Mr. Mayor: Commissioner Smith. Mr. D. Smith: Yeah, because obviously the email I got says different to that and that came from the Department of Agriculture so we have a conflict here that I would like for somebody to find out who is what you’re saying is correct or whether the agriculture is saying it. Mr. Brown: I believe I don’t really believe that’s different. She has a choice to do what she’s, she has a choice to do something other than she’s doing now. Her department has chosen Option One. Mr. D. Smith: Which is to euthanize 6,000 animals a year. Mr. Brown: No, the Option One is to not release any animals who are not, which are not sterilized. That is what leads to the euthanization of the animals because she doesn’t have the resources to sterilize them all they euthanize them which I know is unacceptable. Mr. D. Smith: To me personally it is but Ms. Broady, what’s Columbia County doing for this. What are they doing? Ms. Brody: Columbia County has a voucher program where they allow the citizens to take the animal unaltered and report back that the animal has been altered or not. Mr. D. Smith: Is there a roadblock to preventing us from doing that? Ms. Speaker: The roadblock would be that we’ve tried that before. When I originally started with Animal Services over ten years ago we spent everything out on the certificate program and had again like I said less that 20% compliance. So that means it’s not working. The people did not follow the law and we did not have the staff to push it through to issue citations and take these people to court to say you have to have this done, it’s state law. And then we tried something different. We worked with all the local veterinarians in the county and we came up with a price and said okay we agree to pay you so much money that if you sterilize these animals whereas all the customer has to do is pay the fee to Animal Control, call make an 42 appointment with the local veterinarian and take the animal in to be sterilized it’s paid for thinking that if somebody paid for something beforehand they’d be more likely to follow through. Again less than 20% compliance on something that was paid for. They do not follow through and our commitment to spay and neuter as a community should be much higher than that. We should want all of the animals that go from animal services to spayed and neutered because what happens is that someone takes the female dog into the community they don’t follow through with spay and neuter she has a litter of twelve puppies. Most of those come to the shelter. It just keeps building on itself and it’s not working. We were doing something great back ten years ago we were taking in over 15,000 animals a year. So the numbers of animals we’re taking in is decreasing because of our spay/neuter program because of the low cost clinics that are in the area. We’re making a difference. We’re going towards the right direction. We’re not there yet. We have a lot of work to do and with a full-time veterinarian on staff we’d be able to complete so many more. And then we could look at doing other programs with veterinary groups such as maybe a foster program where they could still be property of Richmond County until they could be fixed and then would be done and we would be able to facilitate everything being spayed and neutered but that hinges on us having a veterinarian to help free up staff from doing some of the things that a veterinarian really should be doing because they have the training and the license to do so. Mr. D. Smith: Well, I certainly don’t want ya’ll to leave here thinking that we’re adversarial and I’m not I just simply want, I came to your meeting and I didn’t get a lot of positive feedback out there from that meeting. And I didn’t see a roadmap to success. And that’s what I’m asking for is somebody please tell me how we’re going to stop killing 6,000 animals in our community. I want a roadmap for success. Ms. Speaker: I think we have a roadmap and the roadmap is getting a full time veterinarian on staff so that we can facilitate other policies and procedures in place so that we can get more animals and we can work better with the rescue groups so that we can send more animals far and wide and get them new home. We have a plan but it starts with having that veterinarian. Mr. D. Smith: Mr. Mayor, can I inquire or our Chairman of the Administrative Services Committee if he would set up a workshop so that we can get the Animal Control group and the rescue groups in Augusta to sit down in the same room so we can work through some problems? Mr. Mayor: Commissioner Lockett because you had your hand up next and then Commissioner Fennoy and then Commissioner Williams. Mr. Lockett: Mr. Mayor, I was going to ask the Administrator if she felt that this was something that could be done during the retreat or would it better be done during the committee meeting what Commissioner Donnie Smith has recommended. Mr. Mayor: Ms. Allen. Ms. Allen: I would say the committee meeting would be the agenda for the retreat is pretty full right now. 43 Mr. Lockett: Well, we could do it during the committee meeting we could do that. Mr. D. Smith: Thank you, Mr. Chairman. Mr. Lockett: Thank you, Mr. Mayor. I think that pretty much all the questions I had have been answered but I want to make a short statement. I received an email that reflected the number of animals that have been put to sleep and so forth. Very upsetting. I don’t own any animals but I love animals and I know you are going by the book. I appreciate that because I always try to go by the book myself. But in the future if something like this should reoccur rather than waiting for the Procurement process to work bring that do us right away. This is something than when you realize that you no longer had a part time vet and what the ramifications could be because you didn’t have one I think that we need to know here so that we can find the money to stop the killing of the animals. And we may not have much money but I do think that all of us would be in agreement the fact that for something such as this we’re going to have to find the money. And I was going to ask you about Fort Gordon. You mentioned you already had a contact at Fort Gordon. I would imagine Georgia Regents University probably has a vet and do you think it’s a possibility that some of these people that are veterinarians would be willing to work with ya’ll on a part time basis until we either get the new ordinance approved which would change some of your requirements or until we can get the money to bring a fulltime vet on board. Ms. Broady: Commissioner Lockett, we did think of that. We attended a meeting of the local AVMA meeting and solicited veterinarians asking for their help in conjunction with our request of the county. We got no responses as I said to the bid process but we did have some veterinarians from which the Fort Gordon veterinarian came. He was at that meeting that we attended and there have been two other veterinarians that said that they would be willing to work part time or fulltime but were not able to complete the bid packet. Mr. Lockett: Now lastly --- Mr. Mayor: I’ll give you another two. Mr. Lockett: --- I just need about thirty seconds, Mr. Mayor, thank you. With the volume of work that you get would one full time veterinarian be able to keep pace with your work load. Ms. Broady: All right. Thank you very much. Thank you, Mr. Chairman. Mr. Mayor: Commissioner Fennoy, Commissioner Williams then Commissioner Guilfoyle. Mr. Fennoy: Ms. Broady, how are you doing? Ms. Broady: Fine sir, thank you. 44 Mr. Fennoy: The animals how are they being let’s see with the part time vet being on, how are the animals being fed for now? Ms. Broady: The staff that we have takes of them the feeding, watering, cleaning. Mr. Fennoy: I mean if there’s a medical emergency with one of the animals in your care. Ms. Broady: Our supervising veterinarian and if his office is closed then we take any medical emergency to St. Francis. Mr. Fennoy: Okay, and I guess my next question is I haven’t been out to your operations but are you all equipped out there to have goats. Ms. Broady: Yes, sir. Mr. Fennoy: Okay. And the reason I asked this question is that we’re about to embark on a goat program for our detention ponds. And if there’s a possibility where the, you know, we could house them out there and save some money for the city and you know the two programs work hand in hand. Ms. Broady: Yes, sir, I actually have spoken with Commissioner Williams. We recently constructed a barn and during one of his recent visits to the shelter and we showed him the area that we recently constructed in an area that would be able to hold goats. Mr. Fennoy: Okay. All right. Thank you. Mr. Mayor: Always got to get back to the goats. Commissioner Williams, what perfect timing. Mr. Williams: I’m hearing all this Ms. Broady and I appreciate all you do. Some folks do a lot of talking but they don’t do no walking and I try to do all of that. I try to make sure when I sit here I know what I’m talking about. And I think you did a great job with the facility built for the goats out there and I think it’s going to help us save a lot of money since we’re talking about goats. But I want to go back and talk about dogs for a minute. Ms. Bonner met two of my dogs yesterday when she came out the building and I had them on the back of my truck out there. And she kind of got a little frightened but they’re just big they’re not bad. I got all the mouth, they got all the bite. But I just think that people don’t understand and how animals multiply how a litter of puppies can be from three to sixteen. Now I had a dog that had 14 pups. And when people, Commissioner Donnie Smith when he leaves he said something about Columbia County. People who get animals in the inner city especially don’t have the facility or the knowledge about breeding and have (unintelligible) because a dog at eight months old can have a litter of puppies and she’s just a puppy herself. And then those puppies have puppies and they’ll mate with each other. They just, I mean that’s all they know and so you’re problem can be a humongous problem unless we get you that help you need. What I said all that let’s say I can’t think of one thing that this government has done or is doing to bring revenue into Augusta. We keep saying we need some money. This group this body we talk and we talk about goats and 45 everything else but we ain’t sit down one time and said what can we do to attract businesses or not businesses but economic dollars to this city. We talk about everything all but what we need but we never talk about what can we implement that’s going to raise --- Mr. Mayor: I’ll give you two more. Mr. Williams: --- money that’s going to be a help to these entities that need the money that we got. And we’ve got to do something different. It ain’t going to change by itself. When I travel in every city even when we go to Savannah, Ms. Bonner, you put me down up there you’ve got me down I’m going --- The Clerk: (inaudible). Mr. Williams: --- okay, thank you. But when you look at Savannah people come in and they’re spending money. We sit here looking up at the sky and want to know if the sky’s going to fall. So I said all that we’ve got to do some things progressively. I hope we can adhere to that and start doing some things so we can get the funds to help with not just the animals but with every situation we’re dealing with. It costs monies and we spend big money we spend money out but we’re not looking at getting the money back in. So we need to be looking at those things, Mr. Mayor. If we’re going to approve this agenda item we need to go ahead and do that and look at ways of funding it. I think Steve talked about how we can get it funded for next year but we need to go ahead and approve it. That’s my two cents and I know what you’re dealing with, I understand. I see it every day. I see kids walking dogs and kids in fact the dog is walking them. Even when a dog pooey’s down the street you ain’t walking no dog the dog’s walking you. He tells you where he wants you to go. The dog needs to be by your side so leave my dog along --- Mr. Mayor: Okay. Commissioner Guilfoyle then Commissioner Lockett. Mr. Guilfoyle: Thank you, Mr. Mayor. I agree somewhat with what Mr. Williams said. If we put something on the agenda as far as leaders we should have a solution to the problem as I make a motion to hire a vet through professional service and require the law well. department to have this new ordinance ready by the next Commission meeting. Mr. Lockett: Second. Mr. Mayor: Is that a substitute motion because we already had a primary motion? Mr. Guilfoyle: That’ll be my substitute motion if you don’t mind. Mr. Mayor: Okay. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. What I would like to find out is what the funding source is going to be. We have a tendency to approve agenda items that require money and we don’t know where the money is coming from. I mean I’ll give you a good example. The $900,000 dollars we did for the Sheriff’s Department and then we tell the Administrator go out 46 and find it. And so my question would be to the Administrator. Have you found the money for this position? Mr. Cassell: It’s going to come through, I’m sorry --- Mr. Mayor: Mr. Cassell. Mr. Cassell: --- yeah we’re going to take it out of the veterinarian budget for this year and the it’ll be a small amount. Like I was saying earlier we’re not going to have a veterinarian for a whole year. So what it’s $65,000 $100,000 whatever we pay and it’s going to be realistically we won’t have one in here until September which would be a short term funding for the position. So we’d only need maybe $20,000 left in that budget and then an additional amount from fund balance so I think we’re probably looking at a total of thirty-five grand to get us to the end of the year for a full time vet. Mr. Lockett: Is that using the $35,000 dollars that she said that they have in the budget already? Mr. Cassell: Yes, some of that’s going to go to as sort of a stop gap measure to keep us staying with the program going through our outsourcing too. Mr. Lockett: That’s fine, thank you very much. Thank you, Mr. Mayor. Mr. Mayor: Okay, we have substitute motion that’s been made and properly seconded. Madam Clerk for the point of clarity if you could read back the substitute motion. The Clerk: The motion was to approve the request to retain the services of a full-time veterinarian for the Augusta Richmond County Animal Services Department and to task the Law Department to bring back to the next Commission meeting an ordinance that was submitted by Animal Services a year ago. Mr. Mayor: Commissioner Fennoy. Mr. Fennoy: A quick question. Would the full-time vet go through Procurement --- Mr. Speaker: --- go through H.R. The Clerk: Professional Services. Mr. Cassell: We would take it to H.R. It would be a city employee. Mr. Fennoy: Well, again, would it go through Procurement or would it go through H.R.? Mr. Cassell: It would go to the H.R. Department. We would be basically creating, turning an existing position into a full-time position. 47 The Clerk: The motion was to obtain professional services. Mr. Guilfoyle: Okay so --- The Clerk: There lies the conflict. Mr. Guilfoyle’s motion was to attain --- Mr. Guilfoyle: Professional Services. The Clerk: --- Professional Services. Mr. Cassell: I think we need to move forward with creating a position to hire a full-time veterinarian. Mr. Mayor: Would the maker of the motion like to amend their motion? Mr. Guilfoyle: I will amend it as long as we can move forward. Mr. Mayor: And amending it to? The Clerk: A new hire? So it’s a new hire. Mr. Guilfoyle: Yes, ma’am. Mr. Lockett: It will be a full-time vet. Mr. Mayor: Okay. Mr. Fennoy: So it would, back to my original. So it would go through --- Mr. Mayor: H.R. Commissioner Williams --- Mr. Williams: I need to know what --- Mr. Mayor: --- I’ll give you another minute. Mr. Williams: --- the Law Department is going to bring back. Now we’ve got a state law we just go through going through but what is the Law Department supposed to bring back. The Clerk: Mr. Williams, it’s my understanding that the Animal Service Department submitted an ordinance a year ago to the Law Department for their review. And Mr. Guilfoyle is asking that ordinance be brought forward at the next Commission meeting. Mr. Williams: And why they hadn’t brought it back? The Clerk: I have no idea, sir. 48 Mr. Williams: Well, I’m asking that it be added to the agenda why they hadn’t brought it. The Clerk: Yes, sir. Mr. Mayor: Okay. We have a substitute motion that’s been made and properly seconded. If there’s no further discussion Commissioners will now vote by the substitute sign of voting. Motion Passes 9-0. Mr. Guilfoyle: Thank you, gentlemen and lady. Mr. Mayor: And, Madam Clerk, the next two agenda items I think we can take them together 32 and 33? The Clerk: ENGINEERING SERVICES 32. Discuss the relocated office space for the Commission/Clerk of Commission’s Offices. (Requested by Commissioner Marion Williams) 33. Receive recommendation(s) from the Interim Administrator regarding the relocated spaces for the Commission, Clerk of Commission offices and the location of the Administrator’s Office. Mr. Mayor: Ms. Allen. Ms. Allen: Mr. Mayor, members of the Commission, what I’m going to look at is just an overall Municipal Building space allocation. I’m going to give you some of the facts. You know of course this project started back in 2008. And then we’ll get to the directive that I was given as it relates to the Commission directing me to actually meet with the Clerk of Commission and the Program Manager to kind of discuss what happened as it relates to the space allocation for the Clerk of Commission’s office. Just a brief history of course the programming and space planning were actually developed for each of the respective positions each of the respective positions and each of the respective departments. The initial program as I stated earlier was adopted in 2008. That’s when they had someone come around and develop and work on the actual program for the respective departments that were located not only in the Municipal Building but other departments that were going to be relocated to the Municipal Building. On rd February 3 2009 the Administrator at the time reduced the space standard for the Director’s office unless there was an approval by the Administrator. I also have provided you a timeline from Virgo Gambill that is at the, that you should have in front of you it kind of outlines their respective as of what happened and I have a representative from Virgo Gambill here today if there are any questions. But that goes through the process of when they were first brought on to the project until now. And if you look you know they’ve got these beginning in May of 2010 is when the outline and this is basically, I’m sorry addressed to the Clerk of Commission’s office. th And so in May 28 2010 is when all of the discussions started in regarding the outline of the 49 Clerk of Commission’s space. And then goes all the way through until pretty much what thth happened July 18 2013. And then on March 11 2013 the Commission actually approved for the renovation of the Municipal Building. Currently like I stated you directed me to meet we met th on May 28. I’m looking at the original space that was allocated for the Clerk of Commission, the office space. The original location which was prior to the renovation was 1015 square feet. The new location is 1,293 square feet. There was also some storage in the previous location of 387 square feet and now the new location would be 543 square feet. So based on the original space that the Clerk of Commission was in its entirety you have 1,402 square feet and based on what is currently here on the second floor as well and I’ll show you all the diagram of that as well, you have 1,836 square feet. And the Clerk of Commission’s office itself the original was 186 and were she currently is right now is 165. And we’ll get more into the Clerk of Commission’s request but based on the original location the new location is what she’s looking at as a recommendation to proceed Commission. Mr. Mayor: Commissioner Fennoy. Mr. Fennoy: Is one of the issues storage space because I know going through the clerk’s office I see a lot of pink boxes. Is that --- Mr. Mayor: Madam Clerk. Ms. Bonner: Yes, sir, Mr. Mayor, and for the record this Virgo Gambill timeline there’s issues that I would like to address that I feel that may not appropriately address the issue. And I want to choose my words carefully. In my opinion they’re somewhat disingenuous. So I’d like to have that opportunity to go to this timeline at some point if I may. Regarding the original space in the office when the issue came up and we were discussing the square footage of the office and I don’t know if you all are familiar when this building was built in the 1950’s the then Clerk I think was Thomas Beckham, he had the forethought to make sure that an office vault was thth located on the 8 floor for the storage and the custody of records as well as the 9 floor vault th area. It’s on the 9 floor. Those two areas were purposely built when this building was constructed in the 1950’s. When the relocation and the allocation of space came about I was told by Heery that those spaces would not be reallocated to me. I had an issue with that, they knew that, I took that issue to the Administrator at that time. The issue with this timeline is that they do not, they do not note the communication that I had with them in 2008 along with the Administrator. They started in 2010 which is unfair to you not having all of the information. I have those documents here available for you. Now as far as storage space, yes, Commissioner Fennoy, that is a tremendous problem. Those records are historical we have records dated back to the 1700’s. When the City of Augusta gave us its Charter when we consolidated Augusta was over 200 years old. We have those records here. They belong to the citizens of this community. th In the 8 floor vault we have permanent records that are deemed by the Georgia General Assembly to be permanent documents. We are by law required to keep them. Where I was going to store them apparently Heery they were very dismissive. They apparently didn’t appreciate the historical value of those records so in their minds eye they weren’t necessary so we’re not going to reprogram them. When I had the conversation with Mr. Russell in 2009 I stressed to him the importance of reallocating that space for the custody and the preservation of those records. He agreed with me. He assured me that whatever space I needed to be made 50 available that it would be and that the records themselves would be taken care of. I had no reason to doubt that Mr. Russell would not do that. It was never brought to my attention that the space was not going to be reallocated until I had a meeting with the Mayor in December of 2012 and Heery and the architect at that time. Not only did they not reallocate the space for the records, they did not reallocate space for the Clerk. And I asked them, well, where do I fit in? Is my office going to be on the roof or on the sidewalk, where? They had no answer for me. So this timeline in and of itself is unfair to you, to me but most of all the citizens of this community because the majority of my customers are the citizens. After you come the citizens. But I have to serve you in order for you to serve your constituencies. So at any rate we go back to the relocation of the square footage. Yes, I had my deputy clerk on five different occasions take Heery International, Virgo Gambill, Modern Office a tour of the space that we needed because I needed to reinforce the importance that we be reallocated that space. However it was dismissed, discounted and apparently ignored because the space was lot reallocated. Then when the subject th came up oh, we’ll reallocate your space. We’ll put it on the 7 floor. You’ll be located on the ndth 2 floor but your space will be on the 7 floor. Then when they realized that that may not have been appropriate they deemed an office outside of the Mayor’s office for storage. Where is the efficiency in that that I’m having to access records that I need on a daily basis five floors from me? I ask for the efficiency of that. When I made it known at the beginning that the space, if we were going to do new and improved space, why not make all that available at the same location? I had issues with that and I made those known. Mr. White on May 27 to the Engineering Committee Mr. White, yeah, I’d like to know a little bit more specific about what the concerns are. We heard a concern about the size of the Clerk’s office. That’s the only thing I’ve heard any concern about. If there’s no specific concerns that I can address I’d like to hear them. December 5, 2012 those concerns were made known to Mr. White in his own documents stating th the Clerk needs vault space similar to what’s currently have on the 9 floor. Must be rated nd construction and the same size minimum. Make room for vault on the 2 floor. This was dated th December 5, 2012. These are their records. They currently distance between the Clerk’s office and the Mayor’s office was described as too far. They currently have a lot of paperwork that must pass between these two offices. Layout and constraints of the building space make it understandable why the two spaces are not adjacent to each other. Equipment to be relocated from the current chamber to new space. Clerk of Commission’s office not shown on the plan. We’ll look to see what happened. Okay, but according to Mr. White the concerns were never made known to them. I find this very disconcerting. Mr. Mayor: Commissioner Fennoy, you still have the floor. The Clerk: I’m sorry, Mr. Fennoy. I’m very passionate about this because as it was stated earlier, Mr. Smith, I understand I’m not being adversarial as well. I’m not looking for a fight, I’m looking for facts but unfortunately I have not been able to get any. So hopefully you can run a little interference for me and we’ll receive some today. Thank you. Mr. Mayor: Continue on. Mr. Fennoy: And I’m going to ask both questions at the same time. Will the, I think at our last meeting when it was brought to our attention, Tameka, you all were supposed to have 51 gotten together with the Clerk’s office and Heery and come up with a proposal for the Commission. Ms. Allen: Yes, sir. Mr. Fennoy: And then the second part of my question is that a wall being torn down was considered an alternative and will this wall being torn down satisfy the needs of the Clerk? Ms. Allen: No, sir. Mr. Fennoy: Okay. Ms. Allen: I’m sorry to answer for you. The Clerk: No, you go right ahead, Ms. Allen. Ms. Allen: No, sir. Mr. Fennoy: Okay, and were you all able to get together with Heery and the Clerk’s office to come up with a resolution, I mean a --- Ms. Allen: I’m not going to say we came up with a resolution but we did meet to discuss what had happened. And Ms. Bonner is exactly right she brought up those same facts at the th meeting and presented that document regarding the December 5 2012 meeting that they had. rd Mr. Fennoy: And I guess that the point I’m trying to get at is I mean this is June the 3. rd What is it that we can do June 3 to make everybody happy? Ms. Allen: Okay, let me if I could I’d like to proceed with the --- Mr. Mayor: Please, ma’am Ms. Allen: --- presentation (unintelligible). Okay and I have Mr. White and representatives from Heery here as well as the representatives from the architect. So if you have questions they’re both willing to address any questions or concerns and hopefully to make Ms. Bonner feel more comfortable in their responses. This is actually right now the layout for the second floor. And if you can see it identifies where the Clerk of Commission is as well as the other departments that are scheduled to be moved and relocated on to the second floor. Right now we have some swing space and where the Legal Department is you have your Procurement th Department because of the temporary allocation until the 6 floor is completed and they will be, you know, relocated. But this currently where we stand right now as it relates to the Clerk of th Commission’s office. And this is the 7 floor and that’s the space that Ms. Bonner was referring to where she said the additional storage that has been provided for her records. And also there’s space outside, I’m sorry outside of the Mayor’s office on this floor that is another allocated space, allocation for the records. 52 The Clerk: Are they vaulted areas? th Ms. Allen: The one on the 7 floor. The options that we have and I think this is what Commissioner Fennoy wants to get at. You have three options. Option A is of course relocate the Clerk of Commission to the Law Department space. That was one of the things Ms. Bonner had stated, you know, she’d like to go to the Legal, the Law Department space that’s allocated to them. Option B, engage Virgo Gambill to meet with the Clerk of Commission to review her program to make sure that they get everything that’s necessary in regards to the needs for the Clerk of Commission. And Option C which is you know maintain the current location and space. Just to give you a little bit of the impact on either of these options Option A if we do determine which is what was recommended to move the Clerk of Commission down to the Law Department’s space you have to identify another location for the Law Department. You will potential architectural costs because someone will have to, the architect would have to look at the th design or allocate or you know redesign what is necessary for the 9 floor right now. Right now thth just to give you an update we’re demolishing the 8 and 9 as we speak so you really would not be able to proceed or anything else if you’re going to look at any alternations or changes to what’s being done. So then you’re also looking at the potential construction costs and then project delays because you’re going to have to figure out what’s go down in the Clerk of Commission’s space that’s allocated current. That’s Option A. Option B would be engage Virgo Gambill to work with the Clerk of Commission on her program. That’s the $2,500.00 charge that Virgo Gambill has quoted to sit down and redesign the program for the Clerk of Commission. And that’s merely just to sit down and go over the design with the Clerk of Commission. It does not entail this entire floor or anything else just the Clerk of Commission to reprogram her needs okay and bring back the proposal to the Commission for your approval to proceed on anything else further which may result on those same four things that pending on what’s recommended depending on what’s presented to the Commission and depending on what is approved by the Commission may result in those same four items in Option A. And of course Option C leaving it as it is. You have no financial impact whatsoever but you have a very dissatisfied Clerk of Commission. Mr. Lockett: And Commissioners. Ms. Allen: And Commissioners. The Clerk: And public. Ms. Allen: And public. Those are the three options that we have before us. Mr. Mayor: Okay Commissioner Williams then Commissioner Jackson then Mr. Mayor Pro Tem. Mr. Williams: Thank you, Mr. Mayor. I had this put on the agenda because when I saw the space I was really disappointed. A lot of things are going through my mind but I want to know who designed this floor, who set this up that’s my first question. I’ve got several questions but I guess my first question is who was the one who signed off and I don’t want to hear about Mr. Russell. Mr. Russell is gone, Fred is dead. You can’t talk to a dead man. I don’t want to 53 hear about that. I want to know who designed who signed off on this facility who put the Clerk’s office where it is and did all this. That’s the first thing because I want to know what expertise do they have because it don’t look like to me and I can’t build a dollhouse but I could’ve designed something a lot better than what I’m seeing here, Mr. Mayor. So can somebody tell me who signed off who designed this? That’s my first question. Ms. Allen: The architect on the project is Virgo Gambill, sir. Mr. Williams: Okay, I don’t care who it is. I just want to know who designed it. Whoever did, did a real bad job and I’m being nice because I know everybody’s listening. But they did a bad job in my mind. When the Clerk just stated how she contacted and I called Forrest and he told me he talked to the Clerk. When I talked to him he said he talked to Ms. Morawski and Betty in your office and I said to him that’s not the Clerk, they work in the Clerk’s office. And he said then I notified Ms. Bonner and she had some emails that I acquired to show what she had contacted him to talk about that. Well you mentioned something on one of those options. The Attorney’s office is next door in an office that we bought that was set up for attorneys. It was a three tier firm in that building we bought which is next door to this building. Who decided on moving the attorney in this building? Somebody had to sign off on that. That’s my other question. Who made that decision? Because we just bought a building for him for the attorney and the staff. It’s got all the amenities that a lawyer often would need all the shelving everything a lawyer. It was a lawyer’s office --- Mr. Mayor: I’ll give you another two. Mr. Williams: --- when they went in there. So who signed off on that is my next question. Ms. Allen: I had to resurrect anybody but unfortunately the previous Administrator. Ms. Williams: Yeah, but when the previous Administrator left when Fred died whoever took his place should’ve stepped up to the plate and said look this is what we’ve got. No one has never informed me as an elected official now to say look this is what it’s going to be this is what it’s going to look like this is where we are. Maybe the other Commissioners had the opportunity to look at what was there and know that that was good or that was bad. I was surprised. I heard all the hammering all the work done when I came in it looked nice space galore. Now I’m really disappointed with the architect and with the work that’s being done here. I’m really dissatisfied I am as an elected official. For the money we’re supposed to be spending and all of the sales talk Mr. Mayor we’ve been getting about how good things are and how nice it’s going to look. This dais looks good but not because it’s the Clerk but because anybody who’s put in a box like she is now who everything comes through the Clerk, everything comes through the Clerk’s office. Not the Administrator’s office not even the Mayor’s office and he’s got a great setup. But when you look at when you look at the color charts and see who’s got room it’s embarrassing to think that’s where we put the Clerk’s office at. And we sit here as elected officials and go along with that. I’m, whoever did this don’t ask me for a vote to go to the bathroom because you just can’t get it, nothing. I’m serious. 54 Mr. Mayor: Okay, thank you, Commissioner Williams and then we’ll get down to this end. But for the record with regards to input into my space I knew there wasn’t, I wasn’t going to there that long so I didn’t really take too much time or effort to give input into it. Commissioner Jackson then Mr. Mayor Pro Tem. Mr. Jackson: Thank you, Mr. Mayor. I think that when we had this discussion certainly this is one of the reasons why I didn’t vote for this. I think two of my colleagues got pushed into it. My point being is we have Heery we have an architect, you know, I don’t think we should pay as taxpayers anymore money to do anymore changing of what needs to happen. I think Ms. Bonner needs to be, it’s up to the architect and Heery to figure that out and move forward at no cost to the taxpayers. I mean there’s one bathroom back here. It’s not even stocked, no dividers. th I mean it’s we’re moving in and we don’t even have, we have to go to the 4 floor to get water. My point being is and maybe Mr. Russell is the one that signed off on it but I think that if there’s documentation going back to, these are the needs that I have and we’re not meeting those needs I’m not going to spend another taxpayer’s dollar on this building until it gets fixed. And the driving point of this is, you know, there’s questions that were asked and there was submitted plans. And we’ve got two individuals that are confident to build a building and now we’re looking at spending more money to remodel? Why do we have Heery and why do we have, you know, the construction? I mean where’s the forethought? Thank you. Mr. Mayor: Mr. Mayor Pro Tem. Mr. Johnson: Thank you, Mr. Mayor. I concur 100% with my colleague Commissioner Jackson. And I think it’s imperative at this point being that they have just barely did the thth demolition on the 8 and 9 floor that no more work is done on that floor until we make a decision as a body on what route we’re going to go with this because at this point I looked at those plans and Commissioner Williams is right I don’t understand. And I am in construction and I don’t build buildings this big but I’m smart enough to know how to design for space. I don’t understand how the Law Department got so much space and the Clerk got so little space. I understand the Law Department has certain things and certain attorneys they need to be in place but I just don’t understand. It’s a lot of unused space on this floor and I think it’s imperative we thth don’t do any more work on the 8 and 9 floor until we decide as a body that we now moving forward what’s going to be done with The Clerk, what are we going to do with the Legal Department and where they’re going to be placed and redesign some of this stuff. And I do believe it shouldn’t be at the expense of the taxpayer’s because at this point we are scrapping the barrel to try to make sure we go back and even borrow the money to finish this building. So we’ve got a lot of issues we need from my perspective dealing with and this is not one of them. It shouldn’t even be a factor. So whoever and I know that the Administrator was the primary the engine in this train but this is poor design it was poorly executed and with the dialogue that was made by the Clerk to Heery and whomever else this should’ve been corrected at that time. So th just stop the bleeding at this point. I think we need to stop all construction as it is on the 8 and th 9 floor and wait until we come back with a comprehensive plan to decide how we’re going to redesign this and get this thing reproportioned to meet the needs of this government. That’s what my motion is, Mr. Mayor. Mr. Mayor: Okay, we have a motion. Is there a second for that? 55 Mr. Jackson: I’ll second it. Mr. Mayor: Okay, we have a motion that’s been made and properly seconded. And I will go Donnie Smith, Commissioner Mason then Commissioner Guilfoyle, Commissioner Lockett around the horn. Mr. D. Smith: Thank you, Mr. Chairman. Ms. Bonner --- The Clerk: Yes, sir. Mr. D. Smith: --- I noticed that down the hall we’ve got two conference rooms not one but two as you go down the hall. I guess my question is is there would if we had could one of those be turned into a vault or something that would take care of your needs? The Clerk: Well, I asked that question at the meeting we had last week what were my options? You all are the subject matter experts you’re the technical people tell me what my options are. Oh, Ms. Bonner, we just need to know what you need. Well, tell me what are my options so that I can make a --- Mr. D. Smith: An informed? The Clerk: --- intelligent informed decision. Well, no, we just want to hear from you what do you want. So I told them and I based my decision on this that came from the Attorney to Mr. Russell. Our office meetings often require tables and desk space to view a large number of documents, exhibits, plats and maps. Lastly due to a lack of staff shortage we keep a large number of files in our office for a quick retrieval and access, convenience and security. If that certainly applies to the General Counsel’s office, would it not certain apply to the Clerk’s office? So if he could just duplicate that that would be sufficient but my point, Mr. Smith, why is it that my storage space, access to my records has to be in four or five locations in this building? Mr. D. Smith: I agree, Ms. Bonner, and I hold the, there’s a certain group of people I think are responsible for that. And I can remember Virgo Gambill coming in here and asking for money from us. And I certainly remember that I was unhappy with their performance then, I’m unhappy with it now. I voted against it then and they are the only people in this room that are responsible for what we’ve got today. And, gentlemen, I am just as disappointed today as I was the first time I met ya’ll. Thank you. Mr. Mason: Mr. Mayor? Mr. Mayor: Actually I had recognized, I was about to recognize Commissioner Fennoy, he had his hand up so do you mind if I, yeah looking side to side Commissioner Fennoy then Commissioner Mason, Commissioner Guilfoyle and Commissioner Lockett. Mr. Fennoy: And I guess my question is we have two overflow areas one on the left hand side one on the right hand side. And I’m just wondering if one of those areas could be 56 converted into office space to extend the office of the Clerk of Commission. And just for the record I voted against the renovation of the Municipal Building. Mr. D. Smith: Yes, sir, I’ll acknowledge that. Mr. Mayor: It seems like everybody up here voted against it now. Who voted for it? Commissioner Mason. Mr. Mason: Then he comes to me. Yes, I’m not happy about the fact that I did vote for it with the results that I’m seeing. And so some of this is just a no brainer when there’s been information brought forward that there were issues documenting information about those issues early on. And I do understand that we unfortunately had a decision maker in place who I did vote to get rid of a long time ago. But here’s a couple of things that run through my mind that I don’t even understand about some of the stuff that’s on this floor. There’s ten Commissioners, one a female, we’ve got one bathroom back here and no divider. I go in the law office and I see two almost private looking bathrooms that you might want to sit down and be in there for a while. I mean I don’t get this. We’ve got, Donnie’s already mentioned we’ve got conference rooms. I’m not sure what’s the need for so many that’s sitting there with nobody doing anything with them yet we don’t have appropriate space for our Clerk of Commission that services ten Commissioners not one, not two or three but ten and the entire public. And there’s space issues. The customer’s unhappy or the client is unhappy and that has to change. And if I were a contract vendor I’m not but if I was I would be looking to see what I could do to rectify that situation and maintain a good relationship with this government and allow our taxpayer’s to see a company --- Mr. Mayor: I’ll give you two more. Mr. Mason: --- thank you, giving back in this particular situation. Ms. Bonner, I’m ashamed for what has happened for a very, very important department one of the most important in this government. When I walk through your office I’m tripping all over crates. I can barely move in there. I don’t see how you stay in there all day or Ms. Murphy or Ms. Morawski. It’s horrible and it’s not conditions you ought to be working in. Part of the reason for us redoing this building was to get our employees out of horrible working conditions being stacked up on each other and that sort of thing. That was one of the reasons why I wanted to do this so fast so we could take care of our employees. And then our end product makes the situation the same if not worse than what is was before. I don’t think that’s good on anybody’s part. So I’m with you Commissioner Jackson I don’t see where I’m going to look to spend any additional money doing anything. And Commissioner Johnson if you made that motion or whatever the case may be in terms of any work stoppage so we can get this thing straightened out I’m in full agreement with it. I’m also in agreement with you our Clerk of Commission that I don’t believe it’s for you to come up with ultimate resolutions when subject matter experts and technicians and technical people, that’s what we pay them very handsomely for. And based on those things that you already said years ago that still exist today it’s something that should’ve been taken into consideration by those subject matter experts and made to happen. And so short of that happening I don’t see supporting anything as it relates to this at all other than making --- Mr. Mason: Do you want one more minute? 57 Mr. Mason: --- this correct and whole. No, I’m finished, thank you, Mr. Mayor. Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. Tameka, as far as the meeting that the Clerk and the general contractor Heery and the architect you all had not come up with a resolution (inaudible). By looking at this floor plan right here I know the Mayor’s on his way out and trying to comes with solutions to accommodate the square footage he ain’t gonna like (inaudible). As far as swapping the offices around. As far as the Mayor’s as well as the Commissioner suites the Commissioners, I promise you that will not get utilized whatsoever. As a matter of fact there’s two rooms back here that’s supposed to be used for something as well. The Clerk: Holding cells, sir, prisoner holding cells. Mr. Guilfoyle: Prisoner --- Mr. Mayor: That’s a talk for another day. Mr. Guilfoyle: But I know we trying to come up with solutions and I’m not, it’s not my job to throw darts. I think everybody realizes the problems that we have and solutions that’s got to be come up with to get this handled. But if the Mayor doesn’t mind by redoing the Clerk of Commission that’s on this blueprint naturally the Mayor is a part-time position where the Clerk is the full-time. I’ll probably be getting some --- Mr. Mayor: Not this Mayor, my friend. Mr. Guilfoyle: --- no I know that. But anyway it’s just a thought I’m going to through out there because I’m looking at the footage. And that’s what we need footage and space that’s continuous from room to room. Ms. Allen: So are saying switching the Clerk of Commission with the Mayor? Mr. Guilfoyle: Yes, but also use the Commission’s suites which we will not as storage areas. Just an idea. I haven’t spoken to the Madam Clerk or anybody about this. It’s just --- Mr. Williams: I’ll second that. Is that a motion? Mr. Johnson: We have a motion but I will say them figure it out. It’s not our job to do that. Mr. Mayor: And yeah, --- Mr. Guilfoyle: Just throwing out ideas to where it’s feasible (inaudible). Mr. Williams: We can adjust that. If we want to do it we’ve got the votes to do it. 58 Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Mayor. My colleague Commissioner Guilfoyle made reference to footage and space. It’s more than footage and space its location. I do believe that there again I’m not an expert in this but the space is allocated projected for the Legal Department. I think that that would be ample space probably for the Clerk and her two employees and hopefully her third employee if we ever fill that vacant position. And also with room leftover the Commissioners could use that because as a Commissioner we don’t need any office space next to the Mayor. Our communications are with our Clerk. And the vaults I got a question about those vaults. Can those vaults be relocated or are they in permanent placement on th the 7 floor or whatever? Okay, well if the vaults can be relocated you’ve got room you’ve got a conference room’s here that’s along that same line with here and that could stretch all the way down into the Commission Chambers because the way the setup is now and this is utterly ridiculous. But I’m not going to point a finger at anybody in particular but that guy that we dug up I see here that he signed off on lots of this stuff. You know he saw a sign going from the Mayor’s office, Chambers office, Commissioner’s office and the Clerk of Court. I don’t know what he was on that day but something wasn’t right there. In order for us to leave here for Legal we got to go back out and go through the Clerk’s office and disrupt whatever’s going on there or we got to walk out through here and as indicated before the one restroom. This is, this is deplorable and I don’t think we should incur any additional costs to get this thing straightened out. And I also agree with my colleagues Jackson, Mayor Pro Tem, Guilfoyle and all the others that said let’s stop this project until we get things ironed out. And if we can’t get it ironed out what we need to do is just shut it down because somebody has made some bad decisions. We’ve had people in the decision making process that obviously were not qualified. And we got, this is st a brand new it’s supposed to be a 21 century structure but we were better off with a building that was built in, what was it the 1950’s I believe? Thank you, Mr. Chairman. Mr. Mayor: Thank you. Commissioner Williams. Mr. Williams: I just need to ask Ms. Allen one question. The law space and I don’t know who designated that space for him or who requested it but and I guess the dead man did it but I need to know what’s going to happen to that space that he come out off because that was a building we purchased from attorneys. What’s going to happen to that building? Ms. Allen: That was going be space for the Engineering Department. Mr. Williams: For Engineering. Ms. Allen: The Engineering Department is going to be allocated over to that building. Mr. Williams: Who, did the dead man sign off on that too? Ms. Allen: Yes, sir. 59 Mr. Williams: Well, and I’m a little disappointed because, Mr. Mayor, that building was like I said designed by an architect for an attorney. And it had all of the amenities that an attorney needs. Now we done turn around and build another building and we’re going to put Engineering over there which you’re going to have to tear out or redo. I mean this ain’t Monopoly money. This is real money that the taxpayer’s paying. And we get criticized by using the gas. I mean I don’t understand that. I mean something’s wrong. Something is seriously wrong, man. Mr. Mayor: Okay, Commissioner Guilfoyle I’ll get you, I think this is your third time so I’ll get you for one more. I’ll give you two. Go ahead. Mr. Guilfoyle: Thank you, Mr. Mayor. The only thing I would ask my colleagues to please understand when you see some work on this building you could put other requirements in but when you stop work on a building everything shuts down. Employees or subcontractors go home. Bills don’t get paid, materials that have been ordered, special order because there’s nothing in this building that you couldn’t go to a local store and get. Everything gets put to a dead halt. I wish the person that is the maker of the motion will reconsider and put something in that would actually hold to where we could get Ms. Bonner taken care of but continue the operations on this building because once we stop it’s hard to get started back and the cost is unbearable. We’re always talking, we were just talking about the costs on everything. Mr. Williams: That’s right. Mr. Johnson: Mr. Mayor --- Mr. Mayor: Mr. Mayor Pro Tem. Mr. Johnson: --- I made the motion, the motion was for them not to start any new construction. I think the only thing they were doing was demolition. The Clerk: Yes, sir. Mr. Johnson: That’s all they should be working on. We don’t want them going up there and doing any new construction until we have decided what we’re going to do because if they go up there and continue on and they start building this office space for the Administrator and that’s not the route we’re choosing to go then now that’s going to be on us. So, no, they can continue with demolition but they should not do any new construction until we have made a solid plan here on what route we want to go. That’s what I was talking about. Ms. Allen: And as part of, I’m sorry, Mr. Mayor. Mr. Mayor: Yes, ma’am. Ms. Allen: Part of one of the agenda items I think it was asked about the Administrator’s office and if we can get clear guidance on how the Commission would like to proceed in that manner as well. I think it was the number 32, 33? 60 The Clerk: Yes, ma’am number 33. That was part of that to receive a recommendation. Commissioner Davis had asked you to look into that. Ms. Allen: Yes, ma’am. Mr. Mayor: Okay. Commissioner Lockett then Commissioner Fennoy I think I’ve gotten you twice. I’ll get you for one more minute. Commissioner Lockett. Mr. Lockett: The Administrator’s office. Ms. Allen: Yes sir. Mr. Lockett: You know we’re on a floor, the Mayor’s office, the Clerk’s office and the Administrator’s office was all in close proximity to each other because you’re sitting up there, there’s a constant flow of traffic between the Mayor, the Clerk and the Administrator. How did th we get with the Administrator going to be on the, what, 9 floor, is that it? th Ms. Allen: Yes, sir, it’s scheduled for the 9 floor. nd Mr. Lockett: And have the Mayor and the Clerk on the 2 floor? Ms. Allen: Yes, sir. Mr. Lockett: What was the rationale behind that? I know that wasn’t a decision made by you but I’m just trying to find out if you know what or was there and rationale at all? Ms. Allen: I --- Mr. Lockett: I’ve been told that the Administrator was trying to get away from us and that’s why he did that. Have you heard that? Thank you, Mr. Mayor. Mr. Mayor: No, and I do just want to touch on that point. From a functionality standpoint that to have, you know, the Mayor works very closely with the Administrator and from a functionality standpoint to have those two positions that close and the Mayor’s office with the Clerk’s office and with, you know, getting documents signed there is a tremendous amount of interaction there. Commissioner Fennoy. Mr. Fennoy: Yes, you know I think that we could sit around here all day and talk about what’s not right and what went wrong. But I think that we need to be able to come up with how we’re going to get the problem resolved and get it resolved as soon as possible. I don’t like the idea personally of trying to shut things down because of the rationale that Commissioner Guilfoyle just said. But we do need to work on getting this issue resolved as soon as possible. And even the idea of asking the Commissioners about the Administrator’s office that could be one of the reasons why we’re in the shape we’re in now because I mean I don’t administrators, I mean commissioners don’t I don’t know that as a Commissioner I don’t know anything about 61 architectural design. And I’d probably be the last person to give a recommendation but we need to talk about how we’re going to get this resolved and how we’re going to get this resolved as soon as possible. Mr. Mayor: Thank you sir. Okay, we have a motion that’s been, Mr. Mayor Pro Tem? Mr. Johnson: Thank you, Mr. Mayor. In lieu of the information just given by the General Counsel what we’ll do at this point is take the motion and hold this motion until Monday we’ll do a Special Called Meeting before committee to hash out exactly how to proceed forward and what we can do. I think at this point they’re probably still early on in demolition so it’s not going to impede on anything outside of what I just stated in the original motion because of legality issues. But I would just like to do that and if you could call that meeting before the committee then we can move forward with I guess a reasonable solution at that time. Mr. Mayor: Mr. Brown, get me through this procedurally. Mr. Brown: If I may Commission, Mr. Mayor, it’s not exactly what I told Mr. Johnson but it does include something I think is very important. But I would ask Mr. Johnson as opposed to shutting down operations which may have implications the Commission may not be thinking of at this point some which were pointed out by Commissioner Guilfoyle. Instead of shutting down operations at this point it would seem appropriate to order an immediate meeting, negotiation or conference tomorrow and every day after that until Monday to come up, to have a solution in place by Monday and place this item on the Special Called Meeting agenda which begins at 12:00 o’clock on Monday, to not resolve this matter right now with a shutdown but to give ample meeting time between now and Monday to come up with a resolution to be presented to the Commission which would involve the Clerk, the Administrator, Heery and the design person. Mr. Mayor: Mr. Mayor Pro Tem. Mr. Johnson: No, I don’t agree with that and I don’t agree with it because we’re not going to be meeting tomorrow and Thursday and Friday until we get this hashed out. This is not our fight when it comes to that. I see what you’re saying but when you’re saying have them have an emergency meeting you mean with who? Mr. Brown: Not the Commission. Mr. Johnson: Okay with them. Mr. Brown: Yes, with Administration, Clerk --- Mr. Johnson: But from my perspective the motion that I originally made basically said that’s what they’re doing. They’re still continuing on with the demolition they’re just not going to proceed on any new construction which gives them the same amount of time to do that. That’s why I was saying continue on. I don’t think it’s going to be done in two days so by Monday of next week I don’t think they’re going to be complete with demolition there and that 62 gives them time to hash out and iron to the differences to come back to us Monday with and answer on what they want to do to proceed forward. So that’s why I made the clarification that they can continue on with demolition because that’s what I understand they’re doing now. So it’s not to say cease and desist all work. They’re not actually doing that they’re actually continuing on with demolition they just won’t start any new construction until we have approved it and we have talked of course something is presented to us that we agree on. I mean I can, yes Ma’am. The Clerk: Mr. Mayor --- Mr. Mayor: Ms. Clerk. The Clerk: --- yes, sir. I would ask that the Mayor Pro Tem if his schedule permits that he be, attend those meetings so that we can all be on the same page and move forward accordingly. Mr. Mayor: I’m fine with that. Okay Commissioner Williams I’ll give you one more point of personal privilege. Mr. Williams: Thank you, Mr. Mayor. I just need to know I need to be clear now. I’m hearing that we’re just going to wait until next week. They’ll continue to do what they’re doing now in that demolition. Is that right? Is that supposed to be the motion? Mr. Johnson: That’s correct. Mr. Williams: And then we’ll make a decision at a Special Called Meeting whether to cease all operations. I mean we do have a clause, I’m hoping we’ve got a clause somewhere like contractors we can get out of this thing because like Commissioner Jackson said this ain’t our baby. We ain’t got to be rocking this one now. Mr. Mayor: Well, on Monday at the Special Called Meeting we will have options for a path forward to either approve or not approve. Mr. Williams: Okay, I just wanted to be clear. Mr. Mayor: Okay. Ms. Allen, did you have anything more to add? Ms. Allen: No, sir. Mr. Mayor: Okay. Point of Personal Privilege? Mr. Lockett: Yes, please. Mr. Mayor: I’m losing track here. 63 Mr. Lockett: I just want to make sure that it’s my understanding that after listening to the Mayor Pro Tem and Legal the construction people will continue as is, the groups will get together including the Mayor Pro Tem and the other entities will get together and they will meet between now and Monday. And when they come before us on Monday they will have a recommendation one for us one that has resolved all the issues with the Clerk or anybody else that has issues for that matter. Is that, was that a correct (inaudible). Mr. Mayor: I think we keep it specific to the Clerk’s office. Mr. Johnson: Right. Mr. Mayor: Just eat the elephant one bite at a time. Mr. Williams: At no cost to us, Mr. Mayor. Mr. Mayor: I think they just present whatever options are available on --- Mr. Williams: Well, okay, let’s do that. I mean it should be no cost to us. Mr. Mayor: And, Madam Clerk, just for the sake of clarity if you could read back that. th The Clerk: The motion was to stop all new construction, demolition only on the 9 and th the 8 floor until this matter is resolved at no cost to Augusta Richmond County. Mr. Mayor: Okay and so it’s just to, everything is as normal but demolition only on the thth 8 and the 9 floor. Okay we have a motion that’s been made and properly seconded. Commissioners will now vote by the usual sign. Mr. Guilfoyle and Mr. Fennoy vote No. Motion Passes 7-2. Mr. Mayor: Madam Clerk, let’s get to the final agenda item which just should be smooth sailing. The Clerk: Well, we have one addendum item we need to address before we leave. The Clerk: APPOINTMENTS 38. Appoint Urban Redevelopment Agency (URA) Members. (Referred from the May 22, 2014 Commission Meeting.) Mr. Mayor: Gentlemen, what’s you pleasure? Mr. Lockett: Motion to approve. 64 Mr. Mayor: We need the names of, Commissioner Smith. Mr. D. Smith: Yes, sir, I’d like to apologize to my colleagues. I was challenged with getting touch with Mr. Isaac McKinney and I’ve been unable to get ahold of Mr. McKinney to get him, okay all right. He turned, in I couldn’t find him so I appreciate you handling that. Thank you. Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Yes, sir, thank you, Mr. Mayor. I just wanted to verify that I’m showing that Mr. T.L. Clark is appointed on the Animal Control Board. Is that correct, Madam Clerk? The Clerk: Yes, sir. Mr. Guilfoyle: So he will not be able to serve on the URA Board. The Clerk: Unless he resigns. He can only serve on one board so he has to tender his resignation if he chooses to accept the appointment on the URA Board but he cannot serve simultaneously. Mr. Mayor: Let me, so in order to get a quorum we just need one member, correct, and then hopefully get two other members. Mr. Lockett: Mr. Mayor we’ve got talent bank on at least three others that’s excluding Mr. Clark. We have a talent bank form on Mr. Amanda Bryant, Ms. Bonnie Ruben and Mr. William McKinney. Mr. Fennoy: Ms. Ruben already serves on the Riverfront (inaudible). Mr. Mayor: So Ms. Ruben is on the Riverfront Development Review Board? Okay. Okay is --- The Clerk: Well, let me, for point of clarity on our multiple board appointment it is the responsibility of the perspective appointee to notify this Commission that they serve on another board. Once that is determined then that information is forwarded to the Clerk and I would at that point notify them of their ineligibility of being able to serve. So Ms. Reuben is a long expired appointment. I don’t know if she’s still active or if she’s been attending any of the meetings. I don’t have that information but that appointment has long since expired. She’s considered a holdover. Mr. Mayor: Okay, we do have Mr. Kelly. Are you nominating him Mr. Smith? Mr. D. Smith: Mr. McKinney. Mr. Mayor: Mr. McKinney, excuse me. 65 The Clerk: Isaac McKinney. Mr. Mayor: Okay and that’s your nomination. Mr. Lockett: Mr. Mayor, I nominate Bonnie Reuben. Mr. Grady Smith: Second. Mr. Mayor: Okay, do we have second for, do we have a second for --- The Clerk: No, we don’t need a second. We just need the nomination is Mr. Lockett for Ms. Reuben. Mr. Mayor: Okay, so we have Mr. McKinney, Ms. Reuben and --- Mr. Guilfoyle: Amanda Bryant. Mr. Mayor: --- what Mr. Guilfoyle? Mr. Guilfoyle: If my colleagues doesn’t have a problem with that naturally. The Clerk: Amanda Bryant. Mr. Mayor: Mr. Plunkett. Mr. Plunkett: Mr. Mayor, at the same time if you could designate the Chair, the Vice Chair. These are holdover positions and then the proposed motion that I provided last week we basically need to put people in the slots so that we know when the terms expire. So if we could put that in those terms that would be very helpful. Mr. Lockett: Mr. Mayor, I move that Bob Young be nominated as Chair. Mr. Williams: I nominate Bonnie Reuben as Chair. Mr. Mayor: Okay we’ll, I’m trying to think procedurally how. Can ya’ll make this any more complicated? Mr. G. Smith: I thought we were getting out of here. Mr. Mayor: So --- Mr. Lockett: Mr. Mayor, I’ll make it simple. Since my colleague wanted to nominate somebody for Chair I nominate Bob Young for Vice Chair. Mr. D. Smith: I’ll second. 66 Mr. Mayor: Mr. Smith. Okay, an so --- Mr. Fennoy: Mr. Mayor? Mr. Mayor: Yes sir, Commissioner Fennoy. Mr. Fennoy: The names that you have down here Barry White (inaudible). You said you already have two. What are the two we already have? Mr. Mayor: The two that we have that have been approved that don’t concurrently serve on other boards are Brad Owens and Bob Young. Mr. Fennoy: Okay. And Bob Young has already been approved by the board? Mr. Mayor: By this Commission. Mr. D. Smith: Who appointed them? Mr. Mayor: What’s that? That was a nomination by Commissioner Mason and Ms. Davis. Mr. D. Smith: All right. The Clerk: And Mr. Brad Owens by Mr. Donnie Smith and Mr. Wayne Guilfoyle. Mr. D. Smith: And this Commission voted on it. The Clerk: Yes, sir. Mr. Fennoy: Well, this Commission also voted for District 1 and 2 to make an appointment, 3 and 4 to make an appointment, 5 and 6, I mean we all, that’s what we voted on. Mr. Mayor: But it never happened. Mr. Fennoy: But --- Mr. Mayor: And I understand, you know, that’s, everybody was supposed to get together but everybody didn’t get together and come forward. You know, you can’t force folks to --- Mr. Fennoy: No, you can’t but what I’m saying is that you can’t override what the Commissioners have agreed, a procedure that the Commission has agreed to go by. Mr. Mayor: You ultimately and Mr. Plunkett can probably speak to this. It’s what five nominees can get the six votes of the Commission, basically the final say so in the process. 67 Mr. Plunkett: The actual statute provides that the Mayor with the advice and consent shall appoint a Board of Commissioners. The recommendation that was voted on was to provide names to the Mayor as recommendation to this. In the absence of multiple Commissioners not moving forward with that I don’t think that would negate the authority of the Mayor to propose with consent of this body to have these people appointed. Ultimately it’s the Mayor’s, he was gathering information from the body and the body made a slate of names and we’re meeting a slate to be voted upon two of which are there. But we do need to designate the terms of those two individuals as well. Mr. Mayor: The terms of which? Mr. Plunkett: The term for Bob Young when it expires, the term for Brad Owens when it expires and the other three members and the term of their expiration. I’m not sure if I can (inaudible) but basically, this is a staggered board. Every year there’s supposed to be expirations and so what we’re having is the carry over term to follow from that person. And so each person kind of is in a holdover position now. Mr. Mayor: Okay and I’m just going to throw this out there. Because Ms. Ruben is a large stake holder, has large real estate interests downtown and the Urban Redevelopment Authority is there to focus on redeveloping the urban core I mean this is just because anything could happen these days. And we’ve had, you know, this thing work out to well. Would that be a situation where she potentially would have to recuse herself if she was voting on something like a major downtown project that would have a, you know, a significant impact on property values anything like that. Mr. Guilfoyle. Mr. Guilfoyle: You only have two sitting people that’s been on that board. The other three was not part of it for other reasons. You’ve got Brad and Bob basically. Mr. Fennoy: What stake do they have? Mr. Guilfoyle: Sir? Mr. Mayor: Well, I’m not saying a stake I’m just saying just if you’re a major, I mean, a large real estate holder in the urban core I’m saying if you, if you’re doing issuing bonds to do projects in the urban core could it give the appearance that, you know, it’s benefiting you directly? Mr. G. Smith: Well we’ve got that case when you’ve got business people involved with government. I mean we’ve got to have a certain amount of honesty and when she’s appointed we would assume like we do a lot of other people that she is honest and is going to do what’s right for this county unless I wouldn’t be supporting it. Mr. Mayor: I’m just throwing it out there because, you know, people ask. 68 Mr. G. Smith: Well, I know the same situation with, you know, you want our taxes but you don’t want private enterprise and do anything to do with the county. I mean I can see that mentality and it goes a long way. Mr. Mayor: Mr. Mayor Pro Tem. Mr. Johnson: Mr. Mayor, me and the District 1 Commissioner Fennoy we will nominate Kevin Mack. Mr. Mayor: Okay. Yes, sir. Mr. Fennoy: And this is my second or third time but, Mr. Mayor, I really have difficulty with someone serving on that board that has agreed or don’t see a problem with this area being designated as a slum. And it would be I think unfair to the board and the people that live and have businesses in this area to have that person as chairman of that board. Mr. Mayor: So who are you referencing? Mr. Fennoy: Bob Young. Mr. Mayor: Okay, well as of, okay. I’m trying to think of how best to because we now have names. We have names. Yes, Commissioner Lockett. Mr. Lockett: Thank you, Mr. Mayor. I wish my colleague Commissioner Fennoy would read the March 2014 minutes of the URA Board. I think if you read those and if saw how diligent Bob Young, Brad Owens and the others that’s on the committee I think you will change your mind. Mr. Fennoy: I doubt it. I doubt it. Mr. Mayor: Okay. Mr. Fennoy: I’m telling you it won’t happen. Mr. Lockett: Well, let’s put it this way, Mr. Mayor, if I may please. We need to have intelligent people on that board. And I want to tell you that by reading the minutes of the meeting that they had I know much more about the URA Board, the legalities, what’s going on, who’s supporting us and who isn’t supporting us just by reading those minutes. Mr. Mayor: Okay. Mr. Lockett: Thank you, Mr. Mayor. Mr. Mayor: I’m still thinking how we, so we have I guess we can. So Bonnie Reuben has nominated for Chair. 69 Mr. G. Smith: Right. Mr. Mayor: Okay, I’m going to vote on, we’ve got four names. Are you nominating Brad as Chair? Mr. Johnson: I think so. I think it’s the will of this Commission is and he understands you know the movement forward. I mean he’s been there for the last two meetings or whatever they had. He’s more in tune to what’s happening so I think he would do well. I think in spite of differences in the past he understands now where we’re going as a city and he’s supportive. Mr. Mayor: Okay, we have now we have four names, correct? The Clerk: Well, you have four names for appointment to the three vacant seats. And we have two nominations for Chair and one nomination for Vice Chair. Mr. Mayor: Okay, I think what we will do is we will first, oh gosh, I’m trying to think. The Clerk: Well, the nominations are supposed to be voted in the order --- Mr. Mayor: In order. The Clerk: --- when they were nominated. Mr. Mayor: Okay. The Clerk: So Mr. McKinney was the first nominee. Mr. Mayor: Okay, can we get a motion that nominations be closed? Mr. D. Smith: So moved. Mr. Jackson: Second. Mr. Mayor: Okay. We will vote on the nominees as submitted then we will vote on the Chair and Vice Chair as submitted. Okay, Madam Clerk. The Clerk: Mr. McKinney nominated by Commissioner Donnie Smith. Mr. Williams: For what? The Clerk: Appointment to the URA Board. And if you would allow the liberty of Mr. Plunkett and myself we will put the respective nominees in those positions and send them out to you. Mr. Plunkett: That would be great. 70 Mr. Mayor: And please check to make sure none are serving on boards concurrently. The Clerk: Yes, sir. Mr. Mayor: Thank you. The Clerk: I’ll make sure of that. Mr. Lockett: All right, somebody’s holding us up here. Mr. Johnson: Who are we voting on? The Clerk: Mr. McKinney. Isaac McKinney who was nominated by Commissioner Donnie Smith. Mr. G. Smith: I thought Donnie Smith nominated Brad Owens. Mr. Mayor: We’re beyond, there weren’t appointments, it was names came up and were voted on --- Mr. G. Smith: All right you’ve got a board and you’re appointing people he appointed Brad Owen I thought. That’s what (inaudible). Mr. Mayor: He nominated Brad Owen. Mr. G. Smith: Nominated, okay. Mr. Mayor: So he didn’t, nobody’s appointing it’s people throwing out nominations then we’re voting on them trying to get a board in place. Mr. G. Smith: I appoint Elvis. He’s somewhere in the building I know that. The Clerk: Touché, Mr. Commissioner Smith, touché. Mr. Jackson and Mr. Williams vote No. Motion Passes 7-2. Mr. Mayor: Okay, next nomination. The Clerk: Nominee was Ms. Bonnie Ruben, Commissioner Lockett. Motion Passes 9-0. The Clerk: The next nominee --- Mr. G. Smith: Is that Chairman too? 71 The Clerk: No, well, not yet, sir. We haven’t gotten there yet. Commissioner Guilfoyle nominated Amanda Bryant. Mr. Fennoy and Mr. G. Smith vote No. Motion Passes 7-2. Mr. Mayor: Okay, so we now have all five positions filled. We will now vote on the nominations for Chair and Vice Chair. The Clerk: Yes, sir. Commissioner Williams nominated Bonnie Reuben as Chair. Mr. Mason: Question, Mr. Mayor. Mr. Mayor: Yes, sir. Mr. Mason: And maybe we can get some legal advice but the point that you brought up I think is a good point. I’m just wondering from a legal standpoint what would be the recommendation for any guidance in terms of Ms. Ruben. Mr. Brown: Are you asking if she --- The Clerk: We have two nominations, excuse me. Mr. Mason: Yeah, I think he was going with Ms. Ruben first. The Clerk: Right, we have two nominations for Chair, Ms. Ruben and Brad Owens. We vote in order of the nominations. Ms. Ruben was first. Mr. Mason: Right and that’s what I have a question on that the Mayor brought up. Mr. Mayor: Mr. Brown. Mr. Brown: Has Ms. Ruben been voted as a member on the Board? The Clerk: Yes. Mr. Mayor: She has now been voted as a member of the Board. The question that I just brought up was as a major property owner downtown, you know, this, we’re looking to approve bonds for this building but the URA could be used in the future to bond future monies to benefit other projects downtown and I don’t know how that works. Would she have to recuse herself in certain situations or? Mr. Brown: Commissioner Mason. I’m not ignoring you, Mr. Mayor, I wanted to get as much as I, are you asking is she eligible to be a member of the Board or is she eligible to be Chair? 72 Mr. Mason: No I’m not asking is she eligible to be a member on the Board however if you’ve got an opinion that contradicts what we just did I’d like to hear it. Mr. Brown: If she can legitimately sit on the Board she certainly can be Chair. The issue is whether or not she would have so much conflict of interest that she would have to be recused from the majority of items that would come before that body. Mr. Mayor: Then I guess you’ll cross that bridge when you come to it, right? Mr. Mason: Well, I’d like to cross it now since he’s bringing it up. So do you have an opinion on that? Mr. Brown: She will not be allowed to, she should recuse herself and not vote on any matter which she has a conflict of interest. And a conflict of interest is primarily signified by having a financial interest in the outcome of the item on which she would be voting. Mr. Mason: Mr. Mayor, if I could finish. Mr. Brown: I don’t know where her holdings are. Mr. Mason: Yeah, and I would also just like to hear from Mr. Plunkett if I could on that same issue and question. Mr. Plunkett: Commissioner Mason, I think the fact that she may be a stake holder in downtown would not be in of itself a prohibition or conflict. Obviously she has property in the downtown community and therefore she is an advocate for downtown. That in itself would not be a conflict. If she was to vote on a project or vote against a project that may have a direct financial or impact on her. For instance let’s say that she was to have a URA bond that was going to fund a hotel and she voted no against it she could argue that was a conflict. Or she was going to vote for a project that would help renovate her buildings. That could be a conflict. So I think it would have to be (unintelligible) on a case by case basis. The fact that she is a property owner in the downtown community within of itself would not be a prohibition. Mr. Mason: Okay and so I understand that. I’m just thinking how things happen certainly during these seven years that I’ve been in the government. Should we be err on the side of caution versus -- Mr. Plunkett: It would take two different issues I think, sir, to happen. Is one is the URA areas or Laney Walker/Bethlehem and the five areas that we designated that was the old chamber building, the Port Royal site, the depot site and there’s just two others, the old library building. So in that sense she’s not, you know, not involved in those particular properties so it would have to be kind of a conflicting issue there. Now if this body expanded the urban redevelopment area as it was one time proposed then it might heighten the ability to be a conflict. But right now as it stands other than one piece of property all other elements are government owned properties. I don’t see that as a probable but certainly could be a possible conflict. 73 Mr. Mason: Okay, I just wanted to kind of get all this on the record. Mr. Mayor: Okay, well let’s move along with voting on okay the first nomination for Chair is Bonnie Ruben. Mr. Mason, Mr. Johnson, Mr. D. Smith and Mr. Guilfoyle vote No. Motion Fails 4-5. Mr. Mayor: Okay, the second nomination for Chair is Brad Owen. Mr. G. Smith: What does he own anything down on Broad or anywhere? Mr. Mayor: No, he cleared out. Mr. G. Smith: Oh, really, he sold out? Mr. Mayor: No, I’m just saying he, oh, I thought you said what is he on? Mr. G. Smith: Oh no, what he does on his own time that’s his business. I don’t care what he’s on. What does he own, o-w-n? Mr. Mayor: I don’t know. Mr. G. Smith: I mean since we’re going on who owns what business and doing what let’s be fair. Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. I think we’ve got to realize that we had two sitting board members on that URA for the past six months. It’s already got their feet wet and already understood the practice of the URA board. These new candidates coming in they’re going to have to be seated before they get into a position of a Chair person. I think my choice would either be between Brad Owen or Bob Young at this moment. Mr. Mayor: Okay, well no, nominations have been closed. Mr. Lockett removed his nomination Mr. Young for Chair to support --- Mr. Guilfoyle: That’s not what I’m saying, Mr. Mayor. I’m just saying the two people that are seated right now --- Mr. Mayor: Yeah. Mr. Guilfoyle: --- are not. We’re not doing a new nomination. I just --- Mr. Mayor: You can understand it’s been a little bit unwieldy. 74 Mr. Guilfoyle: I understand. Mr. Mayor: So the Commission will now vote on Mr. Owens as Chair. Mr. Fennoy, Mr. Jackson, Mr. Williams and Mr. G. Smith vote No. Motion Fails 5-4. Mr. G. Smith: I nominate Alvin Mason. The Clerk: We have one nomination for Vice Chair, Mr. Mayor. Mr. Mayor: Yes, we have one nomination for Vice Chair --- The Clerk: Bob Young. Mr. Mayor: --- Mr. Bob Young. Mr. Fennoy, Mr. G. Smith, Mr. Mason, Mr. D. Smith and Mr. Guilfoyle vote No. Motion Fails 4-5. Mr. G. Smith: I make a motion we let them when they get together whoever the five are that they decide who will be Chair. Mr. Mayor: And Commissioners let me recognize you first but I want to go by the law. Okay, Mr. Plunkett, it is this Commission that appoints, that approves the Chair and Vice Chair, correct? Mr. Plunkett: Provides that the Mayor or the Board of Commissioners or the other governing body will appoint the Chair and Vice Chair. Mr. Williams: I want to nominate Bonnie Ruben again, Mr. Mayor. Mr. Mayor: What’s that? Mr. Williams: Nominate Bonnie Ruben again for the Chair. Mr. D. Smith: Second. Mr. Mayor: Okay, we have a nomination again that’s been made for Ms. Reuben for the Chair. Mr. Lockett: Mr. Mayor, I nominate Bob Young for Chair. Mr. Mayor: Okay. We will, would anybody like to nominate a Vice Chair? How about Brad Owens? 75 Mr. Lockett: I’ll second that. Mr. Mayor: Do we have a nomination for Brad Owens for Vice Chair? The Clerk: --- nominating Brad Owens for Vice Chair? Mr. Mayor: Okay, we will --- The Clerk: Let me publish this vote the last vote we did on Mr. Young as Vice Chair. That motion carries with Mr., I mean failed with Mr. Fennoy voting no, Mr. Mason, Mr. Donnie Smith, Mr. Wayne Guilfoyle, Mr. Grady Smith. Okay. Now we’re on nominations for Chairman. Mr. G. Smith: How long does Chairmanship last? Mr. Williams: Bonnie Ruben. Mr. Mayor: Yes, sir. Mr. Plunkett: My recollection that it serves until the term is expired. So in this case it would be through April of 2016. It’s approximately a two year term. Mr. Mayor: Okay, let’s vote on the Chair again --- The Clerk: Ms. Ruben. Mr. Mayor: --- as submitted. Voting on Ms. Ruben as Chair. Do you know what they say about the definition of insanity? Mr. D. Smith: We got one now though, Mr. Mayor. Mr. Johnson, Mr. Mason, Mr. Lockett, Mr. D. Smith and Mr. Guilfoyle vote No. Motion Fails 4-5. Mr. Mayor: Okay, Madam Clerk. The Clerk: Mr. Bob Young as Chair. Mr. Lockett: If this doesn’t go through somebody’s going to have to order dinner. Mr. Fennoy, Mr. Williams and Mr. G. Smith vote No. Motion Passes 6-3. Mr. Mayor: Okay, Madam Clerk, let’s try to close it out here with the Vice Chair. 76 The Clerk: Vice Chair, Mr. Brad Owens. Mr. Williams: We ain’t got but one nomination. I have to vote on it even if I didn’t want to. The Clerk: Yes up or down. Mr. Mayor: I’d hate to see ya’ll try to pick a pope. Mr. D. Smith: We got a lot of days to do it though, Mr. Mayor. Mr. Fennoy and Mr. G. Smith vote No. Motion Passes 7-2. Mr. Mayor: And with no further business to come before the body --- The Clerk: We have the addendum agenda. Mr. Mayor: --- oh, we do have (inaudible) The Clerk: ADDENDUM 39. Motion to approve the appointment of Mr. Davis Beman to the Augusta Aviation Commission representing District 10. (Requested by Commissioner G. Smith) The Clerk: It needs to be added and approved though. Mr. Mayor: Do we have unanimous consent to add that? Mr. Johnson: Yes. Mr. Lockett: Mr. Mayor, do we have a talent bank form with him? The Clerk: Yes, sir. Mr. Mayor: Do we have unanimous consent to add and approve. Mr. Williams: So moved. Mr. Mayor: Okay. The Clerk: Mr. Williams, did I get a second on that? Mr. Jackson: Second. 77 The Clerk: Thank you. Mr. Mayor: Commissioners will now vote by the usual sign. Motion passes 9-0. Mr. Mayor: With no further business to come before the body we stand adjourned. And everybody you need to, Commissioners, everybody, can I get your attention please. Everybody needs to exit through the front door. The side door has been shut down. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of The Augusta Richmond County Commission held on June 3, 2014. ______________________________ Clerk of Commission 78 79