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HomeMy WebLinkAboutRegular Commission Meeting January 20, 2015 REGULAR MEETING COMMISSION CHAMBER JANUARY 20, 2015 Augusta Richmond County Commission convened at 2:00 p.m., January 20, 2015, the Hon. Hardie Davis, Mayor, presiding. PRESENT: Hons. Sias, M. Williams, Fennoy, D. Williams, Hasan, Davis and Smith, members of Augusta Richmond County Commission. Absent: Hon. Lockett, member of Augusta Richmond County Commission. Mr. Mayor: Order. Cease all conversation. The Commission will come to order. We will have the invocation and instead of Dr. Mike Cash I believe we have someone else here with us today. Mr. Holloway: Troy Holloway. Mr. Mayor: Dr. Troy Holloway at this time. Mr. Holloway: (inaudible) right here? Mr. Mayor: Yes, if you’ll stand on the opposite side of that podium, sir. Madam Clerk, Commissioners. The invocation was given by Rev. Troy Holloway, Trinity of the Hill United Methodist Church. Mr. Mayor: Pledge of Allegiance. The Pledge of Allegiance to the Flag of the United States of America recited. Mr. Mayor: Dr. Holloway, if you will stand. I’m not known for being one to make good jokes but we could use a Georgia Tech HVAC Engineer right now. Madam Clerk. The Clerk: Yes, sir. Are we going to proceed with the delegations or do you want to do the addendum? Mr. Mayor: We’ll move forward with the delegations --- The Clerk: Delegations, okay. Mr. Mayor: --- at this time. The Clerk: I call your attention to our Delegation portion of the agenda. DELEGATIONS 1 A. Mr. Walter C. Sprouse, Jr, Executive Director Richmond County Development Authority regarding amending Resolution adopted by the Commission on December 16, 2014 to construct a Road in Augusta Corporate Park. (Requested by Commissioner Wayne Guilfoyle) th Mr. Mayor: Mr. Sprouse, if you’ll just pause there. Commissioner from the 8, Commissioner Guilfoyle, can you speak to this first before we receive Mr. Sprouse? Mr. Guilfoyle: Yes, this is actually for the Starbuck’s area for our Corporate Park that we have within our Augusta Richmond County. Walter Sprouse and his staff has been diligently trying to get new companies to come in. And in order to proceed they are asking us for an extension as well as the new resolution that’s on the floor. So from here I’d like to, Walter to take over. Mr. Mayor: (inaudible) from the Chair, sir. Mr. Guilfoyle: Yes, sir. Mr. Mayor: Mr. Sprouse. Mr. Sprouse: Thank you, Mr. Mayor, members of the Commission. Back in December th the 16 you were gracious enough to unanimously approve a resolution to build the new access road through the Augusta Corporate Park to work with us on a project that we continue to work on. At that particular point in time we had hoped that they would making a decision in late December or early January. Unfortunately the weather got caught up with them and they had to postpone the meeting. I don’t know if you remember that cold snap we had here a while back especially in the northern cities. So basically what we’re doing today is just asking you to essentially just as the Administrator said just to move the window back a little bit. Originally we st had the company make a decision on February the 1 with construction starting September the stst 1. We’re asking if those dates be moved back to April 1 for the company to make a decision with construction to start by the end of the year. Mr. Mayor: The Chair will entertain inquiries. Commissioner Fennoy. Mr. Fennoy: Yes, I don’t have a problem with this. And I guess my only concern I will probably address it with the Attorney is does this need to be an agenda item or does it need to be an item on the delegation before we could take any action. I would like to ask our Attorney. Mr. MacKenzie: You can take action on an item that is presented to the Commission on delegation as has been done in the past. Mr. Fennoy: Okay. th Mr. Mayor: The Chair recognizes the Commissioner from the 9. 2 Mr. M. Williams: Thank you, Mr. Mayor. I’m in support of the road building Walter there. I’ve got a couple of questions and first I think we still have how much some 1700 acres of that? Mr. Sprouse: Approximately we have about 1796 acres total acreage out there. Starbuck’s has a hundred. They have about fifty optioned. Then with the energy company there Georgia Power with there with their new substation that’s probably about another 30 or 40 acres so I’m guessing about 1600 acres out there of which is usable. Keep in mind there are some pretty steep areas that’s not usable out there. I’m guessing probably somewhere around 11/1200 acres. Mr. M. Williams: Okay and that answers my first question. I do know that from watching engineers and watching construction they can fill those drop offs. I mean that’s not going to be filled so that’s shouldn’t be an issue but I guess my question my next question would be we had a million plus dollars set aside for infrastructure out there. Would that be usable monies to use for to help with that or --- Mr. Sprouse: Yes, sir. Mr. M. Williams: Okay. And my next question, Mr. Mayor, if I can continue one more. Mr. Mayor? Mr. Mayor: You may. Mr. M. Williams: Okay. When the road is constructed, Walter, I’d like to see what is going to be constructed and how it’s going to be configurated I guess as far as you know I mean I’m still in support. I think we need to do something what’s those sayings. Mr. Sprouse: If you build it they will come. Mr. M. Williams: If you build it they’ll come? Mr. Sprouse: Yes, sir. Mr. M. Williams: I’m in support of that. I think that we had those 1700 acres close to that. We’ve done had it for quite some time and I think if we put a road there that’s going to enhance and give us at least the opportunity for somebody to ride down to see. The entrance to the corporate park goes a little ways and then kind of makes a circle and stops in there so if we could open that up and get down in there I think it would help it a lot. So what do we need to do, Mr. Mayor, I mean to continue this or to get this process in process? Mr. Mayor: Thank you, Commissioner Williams. The Chair would like to entertain a few questions and what is the amended language that is before us today? Can you point that out to us? 3 Mr. Sprouse: Yes, the resolution that was agreed back in December would remain stst exactly the same except where it says February the 1 would move to April the 1. Where it said st I believe construction to begin on the project September the 1 that date only would change to st December 31. So those would be the only changes. Once again as the Administrator said it’s just, we have that certain window in there for the announcement and construction to start and we’re just bumping it back a little bit simply because we’ve allowed the company to have a little bit more time to make a decision due to circumstances beyond their control. th Mr. Mayor: Thank you. Commissioner from the 8. Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Mayor, I’d like to make a motion to accept this resolution and move forward. Mr. Fennoy: Second. Mr. Mayor: Voting? (unintelligible). Mr. Williams: Yes, sir. Mr. Mayor, may I ask one more question? I’m support again I mean I’m on board but I still need to know how it would be configurated with 1700 acres of land. You can build a road straight down a road or you can carry it to the right and left and anywhere. I would like to see something proposed for us before that construction takes place as to how it’s going to be set up. And I guess you all got the staff and all to do that but I’d just like to I mean I’d like to know on which way we can come in or can’t come in or which and how it’s going to be used and egress and all that stuff that’s going to play a big part in my mind. So I don’t want to vote and say okay do it but, you know, I don’t have an understanding about how it’s going to be done. Mr. Sprouse: We do have some preliminary drawings on where the engineers suggested that we have the best and maximum use for the remainder of the property there to make sure that we maximum the usage of the property there. So we do have that and I’ll be more than happy to send that all the members of the Commission here and the Clerk for distribution if you’d like. Mr. Mayor: Thank you, Mr. Sprouse, we appreciate that. Let me also let the Chair also add that this resolution should in fact be drafted from the Legal Department. I believe that’s your posture, Andrew? Mr. MacKenzie: We do coordinate with the Attorney for the Commission. We do have input in putting this together and we approve the form. Mr. Mayor: Okay, there are a few changes that need to be substantially made. thth Commission from the 9 from the 6. Mr. Hasan: Mr. Mayor, I really didn’t have a question. You must be in the mind reading business. I’ll come up with one if you don’t mind. I didn’t understand the Attorney’s response. Mr. Mayor: Attorney MacKenzie. 4 Mr. MacKenzie: Yes, sir. This was the resolution that was put on the agenda. And actually the resolution was I think passed and distributed out to everyone. And this was at the request of the Development Authority. We have reviewed it as to form but obviously the substance is a decision that the Commission would make with respect to the substantive terms and conditions of it. But essentially the resolution is a form that has additional information. As to the form it’s in sufficient form but the substantive position is something that ya’ll would have to make an opinion on. Mr. Hasan: And so the question, Mr. Mayor, would he be, I think your question would he be the one that structures that though? Mr. Mayor: I believe that’s true. Mr. Hasan: Okay. We’ve got a motion and a proper second for amending the previous resolution that was drafted. At this time we’re prepared to vote. All those voting yea, please do so and those nay likewise. Motion Passes 9-0. The Clerk: That motion passes unanimously. And Mr. Mayor and members of the Commission Commissioner Bill Lockett will not be in attendance at today’s meeting. Mr. Mayor: Thank you, Madam. Mr. Sprouse: Thank you, Mr. Mayor, and thank you members of the Commission. Mr. Mayor: Thank you. The Clerk: DELEGATIONS B. Mr. Joel Gresham, Founder Not 1 Forgotten Men’s Cancer Awareness regarding Resolution of Support from Augusta, GA relative to the Not 1 Forgotten Men’s Cancer Awareness for the month of June. Mr. Mayor: Mr. Gresham. Mr. Gresham: Yes, thank you, Mayor, and to the Commission. I created Not 1 Forgotten in 2013. I was inspired by the loss of two good friends to cancer in Atlanta within a six month period. After doing research I discovered throughout the nation we had absolutely almost zero support for Men’s Cancer Awareness. And after doing further research CDC estimated that 300,000 men die each year from cancer and the majority of those men are African-American men. I created Not 1 Forgotten Men’s Cancer Awareness for all cancer in men for all races. One of the things that we are excited about we made history in the State of Florida last year 2013 to 2014 with a passing of a resolution in the City of Fort Lauderdale that June would be Men’s 5 Cancer Awareness Month. Last June we got the city of Miami, Dade County to pass a resolution that June is Men’s Cancer Awareness Month, 32 cities that make up Broward County. Tomorrow I’ll be flying out to Chicago. Chicago is passing a resolution that June would be Men’s Cancer Awareness Month and for the remainder of this year we have New York commitment, Houston commitment, Miramar, Florida commitment. I’m here today because we have an epidemic going on in our nation with cancer and especially cancer in men. For the first time in history we have an advocate that’s been fighting 100% to change that number. In addition to the resolution’s been passed we have been able to do presentations, one here recently in Augusta, Georgia Regents University. They became a partner we became a partner with them and they became a partner with Not 1 Forgotten. That was an honor. It’s an honor here today because we are fighting to pass a resolution in tribute and celebration honoring men with cancer. Today I’m asking for your support to make June Men’s Cancer Awareness Month here in the city of Augusta. Thank you. Mr. Mayor: Thank you, Mr. Gresham. Any questions from members of the Commission? Mr. M. Williams: I’d like to make a motion. If there’s any questions go ahead. The Clerk: Commissioner Guilfoyle. Mr. Mayor: Commissioner Fennoy. Mr. Fennoy: Yes, Mr. Gresham, thank you for your concern. I retired as a Health Educator with the Richmond County Health Department and I was just amazed at the number of especially African-American men that don’t go to the doctor, don’t go for regular checkups. The only time they go to the doctor a lot of times they go to the emergency room. I was just also amazed at the number of preventable cancers that are out there if discovered in time. The only way they’re going to be discovered if you go get a checkup. The African American men are disproportionally represented by the number of men that are infected with cancer and we are disproportionally represented by the number of men that recover from cancer. I support what you’re trying to do and in addition to awareness we need to do some type of encouragement and maybe this is a part of the resolution some type of encouragement to encourage men to go get checkups regularly. So I support your resolution. Mr. Gresham: Case in point, yes, because we changed the word from getting a test to checkup. Mr. Fennoy: Okay. Mr. Gresham: We found that men receive that very, very well. In addition to that we created a symbol. I’m a nationally acclaimed artist and I created a symbol which is a blue and black necktie. If you don’t mind I would like to show it to you. The blue represents hope and faith the black is for healing. We needed a symbol in addition to the month so that we would have something to rally around. Thank you very much. 6 Mr. Mayor: Mr. Gresham, we do have other questions. The Chair will pose one question. Typically when folks bring things of this magnitude to us they provide us with draft language. Do you have language for a draft resolution that you might be able to submit to us that we can then review? And if there’s support for that we can adopt that and or, okay. We have that? Okay that’s in our agenda books there? The Clerk: Yes. th Mr. Mayor: Okay. All right. Commissioner from the 4. Mr. Sias : Thank you, Mr. Mayor. Mr. Mayor, my question to Mr. Gresham is if his resolution has what he expects of us and it will be my motion that if we adopt that with any So I move to accept. feedback with him to exactly what that will be. Mr. Mayor: We have a motion to approve. We need a proper second. Mr. M. Williams: I’ll second it. Mr. Mayor: We have a second from --- Mr. Guilfoyle: Mr. Mayor? th Mr. Mayor: --- Commissioner from the 8 (unintelligible). Mr. Guilfoyle: I’m sorry I didn’t. Mr. Mayor: Inquiry? Mr. Guilfoyle: Yes, sir, I’d like to make a statement. With GRU fixing to put up the, they probably already started on the Cancer Center here in Augusta which will be known nationwide to be truthful. And right here in this room we’ve got a cancer survivor and his name thth is Cecil Herron. And on February 7 this is to tag on to what you are promoting on February 7 the Heartland Legends is coming and Cecil has been promoting it and had over 50 people that signed up to support them as far as donations. And I’m part of the team and hopefully I’ll be the th water boy or the towel boy one. But anyway it’s going to be on February 7 and I know that Mr. Gresham you had spoken with Cecil and I applaud you for coming before this body in promoting that it’s just not one person or one generation it affects all. Mr. Gresham: Yes, yes. Mr. Guilfoyle: Thank you so much. Mr. Mayor: We’ve got a motion and a second. Voting at this time. All those in favor will vote yea and all those opposed will note nay. Motion Passes 9-0. 7 Mr. Gresham: Thank you very much. Mr. Mayor: Thank you, Madam Clerk. The Clerk: Our consent agenda consists of items 1-25, items 1-25. For the benefit of any objectors to our Planning petition once the petition is read would you please signify your objection by raising your hand. I call your attention to: Item 1: Is a request for a Special Exception to establish a Family Personal Care Home on property located at 1864 Central Avenue. The Clerk: Are there any objectors to our Planning petition? None noted. I call your attention to the Public Services portion of the agenda. Item 2: Is a request for a retail package Beer & Wine license to be used in connection with E. Boundary Chevron Food Mart located at 202 East Boundary Street. The Clerk: Are there any objections, objectors, I’m sorry, to our Alcohol petition? Mr. Mayor, our consent agenda consists of items 1-25 with no objectors to our Planning petition nor our alcohol petition. Mr. Mayor: Thank you, Madam Clerk. If there are no objections to the consent agenda at this time we’ll adopt the consent agenda. Are there any requests to move items from the consent agenda? Commissioner Fennoy. Mr. Fennoy: Yes, I just have a question about 19, 20, 21 and 22. The Clerk: 19, 20 --- Mr. Mayor: 21 and 22. Mr. Fennoy: Yes. Mr. Mayor: Okay. Are there any motions to pull items from the consent agenda at this time? All right. Commissioner Fennoy. Mr. Fennoy: May I address Mr. Wiedmeier? Mr. Mayor: You may. Mr. Fennoy: Mr. Wiedmeier, these projects do we have any local participation in any of these projects? 8 Mr. Wiedmeier: Mr. Mayor and members of the Commission, number 19 is a firm that’s headquartered not here in Augusta but they have an Augusta office. 20 and 22 are both the low bidders were have Columbia County offices. Mr. Fennoy: Okay and my next question, Mr. Wiedmeier, do we have any minority either subcontractors in any of these projects? Mr. Wiedemeir: I don’t know but I can find out and get back with you on that. Ms. Gentry: Good afternoon, Commissioner. On 19 the local, what we have is projects specific goal of ordinance that is in place currently in place. 19 there’s 3% goal for local participation, 20 is 2%. There was no participation on 21 simply because they’re purchasing it from a manufacturing company so the department requested not to place a goal on that particular project. And 22 there’s no goal on that particular project. This is more of an RFQ which is a Request for Qualification and the department will get with the DBE Department at a later date to assign goals once they get to a point where they can assign goals and have the identified trades. As it relates to minority participation at this time we have no ordinance or program to encourage minority participation. What we have in place is a project specific goal and the department has adhered completely to that program. Mr. Mayor: Commissioner Williams. Mr. M. Williams: Ms. Gentry, before you sit down let me ask you about the percentage. Now we know with the Disparity Study and we hadn’t got very far with that as of yet. It is still in limbo I think to put it nicely but the percentage, the 2% and 3% sound really low to me. Why hasn’t anybody addressed that point if nothing else since we’ve been having these issues for quite some time? Why is the percentage still under the radar or something like two or three percent when you’re talking about these contracts what a million, a million one hundred and three on one and another million something else on the others. The lowest I think is $697. So can you address that for me? Ms. Gentry: Yes, sir. The user department and I based on the trades we identify the trades we find and we utilize the DOT methodology in calculating the percentage goal. The goal is based on the trade but the dollar amount assigned to the trade and the availability. The availability on these utility projects are very small when we start looking at the various trades. So that is how the percentage goal is arrived based on availability of local companies here in Augusta and we get that information not only from our census data bureau but we also utilized our License and Inspection data base also. Mr. M. Williams: That don’t help me very much, Ms. Gentry. And I heard what you said but that just doesn’t help me very much because the two to three percent is still very low. And we’ve been voting to move on $2 to $3 million dollars projects and above and that percentage is still going to stay down. I guess my question is how can we or do we need to have this discussion maybe in committee to talk about, we can’t do certain things but at the same time things we can do. And we sit here and focus on the things that we can’t do and we don’t try to find anything else. If nothing else that percentage ought to be changed in my mind. When 9 you’ve been giving out these contracts for as long as we’ve been doing business in this city and continue to. And I think we’re in the process of growing even more with those things so I’d just like to know maybe for another discussion maybe not in this meeting but in not the next meeting we need to get with Utilities and the Engineering and look at how we can move that stick further towards that mark. So, Mr. Mayor, I thank you for the comment but that don’t help me very much from what I got. Mr. Mayor: Thank you, Commissioner. At this time the Chair will recognize nd Commissioner from the 2 Commissioner D. Williams. Mr. D. Williams: Yes, Mr. Mayor, I’d like to pull agenda item number three please, we need to discuss that one. Mr. Mayor: Madam Chair, we’re pulling item three from the consent agenda. At this th time the Chair will recognize Commissioner from the 4 Commissioner Sias. Mr. Sias: Mr. Mayor, I move to the previous question. Mr. Mayor: Move to the previous question. At this time there’d be no objections to moving to the previous question we’ll vote on the consent agenda. The Clerk: I need a motion. Mr. Mayor: That is what his motion was. Mr. Sias: Move to approve the consent agenda. Mr. Fennoy: Second. CONSENT AGENDA PLANNING 1. Z-15-02 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by James D. McMonigle requesting a Special Exception to establish a Family Personal Care Home per Section 26-1(h) and 20-2(b) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing .17 acres and known as 1864 Central Avenue. Tax Map 045-3-116-00-0. DISTRICT 1 PUBLIC SERVICES 2. Motion to approve New Ownership Application: A.N. 15-02: request by Barjesh Kumar for a retail package Beer & Wine license to be used in connection with E. Boundary Chevron Food Mart located at 202 East Boundary St., Ste B. District 1. Super District 9. (Approved by Public Services Committee January 12, 2015) 4. Motion to approve Change Order submitted by the Construction Manager at Risk (Turner Construction Company) for Asphalt Milling on Greene Street, as required by GDOT. Associated with utility work for the New IT Building. (Approved by Public Services Committee January 12, 2015) 10 5. Motion to approve the Closeout Change Order #2 with Reeves Construction for the Airport Credit Card Lot Repairs Project as approved by the Augusta Aviation Commission at their December 18, 2014 Meeting. (Approved by Public Services Committee January 12, 2015) 6. Motion to approve the Ground Power Unit Bid/Lease Purchase Request as approved by the Augusta Aviation Commission at their November 25, 2014 Meeting. Bid Item 14-187A (Approved by Public Services Committee January 12, 2015) 7. Motion to approve the renewal of the Intergovernmental Agreement with the Georgia Department of Health, East Central Health District for Trailer Storage as approved by the Augusta Aviation Commission at their November 25, 2014 meeting. (Approved by Public Services Committee January 12, 2015) ADMINISTRATIVE SERVICES 8. Motion to approve Housing and Community Development Department use the same procedures as they used in 2014 relative to authorization of agreements/contracts for the Laney Walker/Bethlehem Redevelopment Project, the Housing and Community Development Department and the Hyde Park Drainage Improvement Project along with monthly reports on the Hyde Park Project by the City Administrator and Mayor for program/calendar year 2015. (Approved by Administrative Services Committee January 12, 2015) 9. Motion to approve 2015 annual bid award for various departments for the purchase of annual bid items. The following annual bid items require the Commission approval: 15-038 Uniforms & Accessories – Fire Department 15-063A Athletic Clothing & Equipment Recreation, Parks and Facilities Maintenance Department 15-065 Chemicals – Utilities Department 15-118 Tires – Environmental Services Department. (Approved by Administrative Services Committee January 12, 2015) PUBLIC SAFETY 10. Motion to approve the purchase of two(2) MCC7100 consoles and task the 9-1-1 Director to research the matter of a mobile stand alone 9-1-1 operation should the main center be unable to function with funding left over from 2014. (Approved by Public Safety Committee January 12, 2015) 11. Motion to approve payment to New World Systems, Inc. for the Standard Software Subscription Agreement for the period covering January 1, 2015 – December 31, 2015. (Approved by Public Safety Committee January 12, 2015) 12. Motion to approve Contract with Municipal Code Corporation for the implementation of a Forms Management System for Augusta. RFP 14-157 (Approved by Public Safety Committee January 12, 2015) 13. Motion to approve Contract with Logicalis regarding the implementation of an IVR solution for the Human Resources Department. (Approved by Public Safety Committee January 12, 2015) 14. Motion to approve Rural Defense Memorandum of Understanding Between Georgia Forestry Commission and Augusta, GA. (Approved by Public Safety Committee January 12, 2015) 11 FINANCE 15. Motion to approve the replacement of 1 passenger van, used by Departments for transport to various training activities, for the Fleet Management Division. Bid 14-195. (Approved by Finance Committee January 12, 2015) 16. Motion to approve property insurance coverage for 2015 offered through Affiliated FM, current carrier, for a premium of $419,750 for full blanket coverage and limited flood coverage in flood prone areas. (Approved by Finance Committee January 12, 2015) 17. Motion to approve the continuation of the GPS annual tracking service subscription with GPS North America and task the Administrator to come back in 30-45 days to determine how to make it a part of disciplinary personnel action for violations going forward that will follow up from the gathering of information through the GPS tracking system and the quarterly reports from the departments be given to the Commission regarding any abuse. (Approved by Finance Committee January 12, 2015) 18. Motion to approve the purchasing of assigned technology equipment to the current outgoing Mayor and Commissioners as outlined in the Depreciation Schedule. (Approved by Finance Committee January 12, 2015) ENGINEERING SERVICES 19. Motion to approve construction contract award to Eagle Utility for services associated with construction of the Highway 56 24 Inch Water Main Project in the amount of $1,130,767.90. Bid Item 14-222. (Approved by Engineering Services Committee January 12, 2015) 20. Motion to approve construction contract award to Gearing Brothers Civil Workers in the amount of $1,811,949.00 for the Utilities Department. (Approved by Engineering Services Committee January 12, 2015) 21. Motion to approve construction contract award to Gridbee/Solarbee in the amount of $328,400.40 for the Utilities Department. Bid 14-194. (Approved by Engineering Services Committee January 12, 2015) 22. Motion to authorize the notification of the award of a contract with Blair Construction, Inc. for services associated with construction of the Fort Gordon New Water and Sewage Connections under the Task Order Program for Infrastructure RFQ #13-194 in the amount of $696,334.89. Bid item #14-215. (Approved by Engineering Services Committee January 12, 2015) PETITIONS AND COMMUNICATIONS 23. Motion to approve the minutes of the regular meeting of the Commission held January 5, 2015 and Special Called meeting held January 12, 2015. APPOINTMENTS 24. Motion to approve the appointments of the following representing District 4: Augusta Aviation Commission, Ms. Willa Hilton, Planning Commission, Ms. Andrena Demmons and Board of Zoning Appeals, Mr. Moses McCauley. 25. Motion to approve the appointment of Cynthia Rhodes to the Small Business Citizens Advisory Board due to the resignation of Mr. Cleveland O’Steen representing District 3. 12 Mr. Mayor: We have a motion and a second. Sign of voting. Motion Passes 9-0. [Items 1, 2, 4-25] Mr. Mayor: Thank you. Madam Clerk, members of the Commission item three was pulled from the consent agenda. It’s something that has been in discussion previously and the attorney, Attorney MacKenzie has language that I believe that has been distributed to each of you. And so we wanted to have proper time for discussion for that item. At this time the Chair nd recognizes the Commissioner from the 2 Commissioner D. Williams. PUBLIC SERVICES 3. Motion to approve tasking the General Counsel to review the Ordinance amending Augusta Georgia Code Title 6, Chapter 2, Article 1, Alcoholic Beverages, Section 6-2-1 through 6-2-145 and draft an amendment that would be applicable to all establishments and bring it back to the committee for review and to suspend the enforcement of the new ordinance to allow the establishments that qualify to stay open until 4:00 a.m. relative to a request by Alter Ego’z Sports Bar and Grill. (Approved by Public Services Committee January 12, 2015) Mr. D. Williams: Okay, well I’d like to have the attorney explain. Mr. MacKenzie: Sure I’d be happy to do that. After this issue was raised at the committee level I consulted with the department and we pulled back the original language before these proposed amendments that are on the agenda now. And what you have before you for Section 6-2-14, 6-2-15 and that was what was distributed today is to go back to the original language with respect these two code sections. The effect of that would be to allow an establishment to shut down their alcohol operations to continue to sell food after that without the time limits that had been discussed at the committee level. If you’d like to hear from the Sheriff’s Department or from the department they have some reasons why they think it thought it should’ve been changed and why they made that proposal to the Commission but in accordance with the direction given at the committee level, we did bring the optional language back to you. So if it’s the will of the Commission to leave it alone you can do that by adopting these sections in place of the ones that are in the book. th Mr. Mayor: The Chair recognizes the Commissioner from the 4 Commissioner Sias. Mr. Sias: Thank you, Mr. Mayor. This question is addressed towards the Attorney. And I would just like to make sure I get an understanding. The language that was adopted in the change in the language that you bring back here, does this still support the original change that was done in the newly adopted ordinance? Mr. MacKenzie: Just to clarify the department brought forth a number of proposed changes. Those are the ones that are in your book, not the one we handed out today. The only thing that’s new that’s being proposed today is Section 6-2-14 and 6-2-15 which would retain the original language that‘s in the code book now. After those sections still would continue to 13 propose all the other changes because those aren’t really the ones that were questioned at the committee level. Mr. Sias: Mr. Mayor, I want to follow up. Mr. Mayor: Proceed. Mr. Sias: This was an idea that we had to support the Sheriff’s Department and the changes made by the Planning and Development. If this changes that, I move to deny. Mr. Speaker: Mr. Mayor, could we hear from the Sheriff? th Mr. Mayor: The Chair recognizes the Commissioner from the 6 Commissioner Hasan. Mr. Hasan: Yes, thank you, Mr. Mayor. Mr. Mayor, do you mind if I ask Commissioner Sias to try to elaborate on how he sees it different because you know it’s getting vague in clarity here so his move to deny, I’m being respectful of that but I want to try to get a understanding of his rationale here how he sees it being different. Mr. Mayor: Okay, all right. Before I recognize Commissioner Sias Commissioner Davis you had your hand up for a question. Ms. Davis: Thank you, Mr. Mayor. I just wanted to ask Mr. MacKenzie to clarify something again. All right so what we’re looking at in front of us now with 6-2-14 the highlighted two areas are new changes or that’s going back to the original changes? Mr. MacKenzie: Let me try to do it this way. Ms. Davis: Yes. Mr. MacKenzie: The department has recommended that all of the sections listed from 6- 2-1 to 6-2-145 be changed. There was some discussion at the committee level with respect to Section 6-2-14 and 6-2-15 as to whether or not to accept those recommendations from the department. And it’s my understanding that Commissioner Sias is saying I don’t want to accept the recommended changes to go back to the original in 6-2-14 and 6-2-15. He’d like to accept the recommendations that were originally in your book which means to make the changes and not leave them in their current form. Ms. Davis: Mr. Mayor, can I ask one --- Mr. Mayor: You may. Ms. Davis: --- more question? So what are those specific changes just the timeframe as far as when alcohol is not being served and then how long the establishment can stay open? 14 Mr. MacKenzie: It wouldn’t affect alcohol, it would be how long the establishment can stay open once they cease serving alcohol if they otherwise have a qualifying license to sell food can they stay open to sell food after they shut down the alcohol operations, that’s the issue. And the proposed amendment would let them stay open and sell food. Ms. Davis: Until 4:00 a.m.? Mr. MacKenzie: Actually it doesn’t have a limit. Ms. Davis: Okay, thank you, Mr. Mayor. th Mr. Mayor: The Chair recognizes the Commissioner from the 10 Commissioner Smith. Mr. Smith: (unintelligible) will you explain to me what you and I discussed about this earlier. Mr. Mayor: If the Commissioners will reserve for the Chair to call --- Mr. Smith: Oh, I’m sorry. Mr. Mayor: --- the members. Thank you. Mr. Smith: He can say it better than I can. Mr. Mayor: The Chair recognizes Mr. Elim. Mr. Elim: Yes, sir I was just trying to get a clarification. If I understand it correctly the way it’s being presented by Mr. MacKenzie it would revert back to the prior to the December 1 ordinance which allows the places selling food that has an alcohol license to stay open until whenever as long as they stop selling alcohol at the 2:30 and 3:00 o’clock hour. Mr. MacKenzie: That’s correct. Mr. Elim: The problem that we would have is if we were understanding that the way it was initially proposed that the Commission was looking for a grandfather clause to grandfather this one particular club in and the way the Sheriff’s Office looks at it if we allowed an exemption for that one particular club is there is that not allowing all clubs with the alcohol, excuse with a restaurant license and also an alcohol license to stay open. I guess we would be reverting back to what we’re trying to get away from which is allowing places to stay open as late as they are. It’d be ideally we’re looking to get some help as far as our response of services and what not and that’s why we’re in support of the new ordinance the way it was originally adopted December 1. Mr. Mayor: The Chair will recognize Commissioner Sias. Mr. Sias: Mr. Mayor, thank you. In answer to Commissioner’s question, Mr. Mayor, my motion stands affirm move to deny. 15 Mr. Guilfoyle: Second. Mr. Mayor: We have a motion and a proper second. Any additional discussion? Mr. M. Williams: Yes, sir. th Mr. Mayor: The Chair recognizes the Commissioner from the 9 Commissioner M. Williams. Mr. M. Williams: Thank you, Mr. Mayor. I’m really I’m trying to figure out where to get started here. We know this came in because we had a customer tax payer business owner to come in and I think Mr. Elim and the Sheriff’s Department didn’t have a problem with the establishment itself it was just that we changed or we allowed the changes and we’ve been allowing changes now that we don’t know what we’re allowing. We voted on some things that changed that to get them in a box where they had already been operating before. Now we’re saying we’re going to vote to go back to that. Now they can take all the alcohol Mr. Sheriff and as far as I’m concerned they can pour it out. I mean it don’t bother me but I do know people do consume and if you catch them on the road drinking and driving I think you’ve got a place for them. But I don’t think we can run a two horse town and tell people you know we’re going to shut you down. The Waffle House is overcrowded every day, Robert, because there’s nowhere else to go. Now I’m not saying you ought to just open this city up and just turn people loose but we’ve got to be a progressive and understand that here it is now 2015 folks are leaving here and if we want to continue to lead that’s what they do. We were the second largest city, Mr. Mayor. I’ve known the Sheriff a long time but people are looking for other places to go because there is no entertainment. There is no night life, there is no place to go to sit down and to listen to some music or to do anything so if we’re going to do what’s right now let’s do the right thing. If you don’t go maybe they’ll just go out of business. I mean we had this problem before when we looked at that book store. We spent a lot of money, Mr. Mayor, that we didn’t have to spend. So I don’t know what to vote on. I’m thinking that we’re trying to keep the city going. Mr. Elim said they had no problem, that there’s no history or anything going on there other than the sale. They’ve been in business before the ordinance changed now we’re changing the ordinance on them and they got to revert back to what they wasn’t doing in the beginning but now they got to go back to doing it. So I’m a little bit confused about these. Mr. Mayor: Thank you, Commissioner. The Chair will entertain one more parliamentary inquiry. We’ve got a motion on the floor with a proper second. Commissioner Fennoy. Mr. Fennoy: I guess my concern, I mean my question is I think Commissioner Williams tentatively is asking that item number three be removed from --- Mr. Mayor: Consent agenda. Mr. Fennoy: --- the consent agenda just the consent agenda? Mr. Mayor: That’s correct. 16 Mr. Fennoy: Okay, that’s fine, okay. Mr. Mayor: To have this discussion. Mr. Fennoy: Okay, all right, I’m fine. Mr. Sias: Move to the previous question, Mr. Mayor. Mr. Mayor: We have a superior motion a motion to move the previous question which cuts off debate. If there is no objection to moving the previous question we’ll be voting. All those in favor will vote yea and all those opposed with vote nay. Mr. Fennoy, Mr. Dennis Williams, Mr. Marion Williams vote No. Mr. Harris abstains. Ms. Davis, Mr. Sias, Mr. Hasan, Mr. Guilfoyle and Mr. Grady Smith vote Yes. Motion Fails 5-3-1. Mr. Mayor: Thank you, Madam Clerk, that motion fails. We’re now into the regular agenda. PLANNING 26. Z-14-50 – A request for concurrence with the Augusta Planning Commission to approve a petition by Hani Mussad requesting a Special Exception to establish a Family Personal Care Home per Section 26-1(h) and 20-2(b) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing .22 acres and is known as 2279 Wrightsboro Road. Tax Map 044-3-109-00-0 DISTRICT 3 PUBLIC SERVICES 27. New Ownership Application: A.N. 15-01: A request by Gurpreet Walia for a retail package Beer & Wine license to be used in connection with Bob’s One Stop located at 3771 Peach Orchard Rd. District 6. Super District 10. (No recommendation from Public Services Committee January 12, 2015) The Clerk: Yes, sir. Mr. Mayor and members of the Commission, item number 26 has been requested to be deleted by the petitioner. Item 27 is being requested to be deleted from today’s agenda from the Planning and Development Department. Mr. Mayor: Thank you, Madam Clerk. Items 26 and 27 being deleted from the agenda. Commissioner Fennoy, parliamentary inquiry? ADMINISTRATIVE SERVICES 29. Consider request from Kim Hines regarding Grow Harrisburg. (No recommendation from Administrative Services and Finance Committees January 12, 2015) Mr. Fennoy: Yes, actually item number 29 can be removed from the regular agenda. 17 Mr. Mayor: Okay. Mr. Sias: So moved. The Clerk: Do you want it deleted or forwarded back to committee? Mr. Fennoy: I want to delete it right now. The Clerk: Delete it from, okay, you want that one deleted. Okay. Ms. Davis: I’ll second, Mr. Mayor. Mr. Mayor: We’ve got a motion and a proper second. APPOINTMENTS 31. Motion to approve the appointment of Corey Johnson to the Development Authority of Richmond County to seat held by Ms. Pat Schaffer. (Requested by Commissioner Wayne Guilfoyle) The Clerk: Also, Mr. Mayor, item number 31 I believe Commissioner Guilfoyle is asking that Item 31 be deleted as well. And we’d like to offer our apology to Ms. Pat Schaffer. Her name was inadvertently placed on the agenda in error and we’d like to offer our apology to Ms. Pat Schaffer. So that would be Mr. Sias and Ms. Davis moving that items 26, 27, 29 and 31 be deleted. Mr. M. Williams: Mr. Mayor? Mr. Mayor: Thank you, Madam Clerk. Are there any additional items for consideration to be removed? Just one moment, Commissioner. Madam Clerk, are any of these items going to be brought back before this body? The Clerk: Item number 26, well, 27 maybe. We do not have the petitioner in the Chamber which is required. And I think his business plan failed so he has requested that his item be deleted. So if they’re not requested to be placed back on, no, sir. Mr. Mayor: I believe the proper motion at this time to be received is to lay on the table items 26, 27, 29 and 31. That would be the proper motion. Mr. M. Williams: Mr. Mayor, before you do that. You don’t have unanimous consent for all these items. That’s why I was trying to --- Mr. Mayor: I recognize that, Commissioner, I’m coming to you. Mr. M. Williams: Okay, well before you put them all on there I wanted to ask a question maybe to get my support with item 29 but I need to know if this is the time I can ask it now or I can wait until you get to me. 18 Mr. Mayor: I was coming to you, Commissioner. I just wanted to clarify for the record that the proper motion would be to lay it on the table. The Clerk: To lay on the table. th Mr. Mayor: Yes. The Chair recognizes the Commissioner from the 9 Commissioner Williams. Mr. M. Williams: I’ve got no problem, Mr. Mayor, with these items that you have been listed and pulled off but I’d like to know if they’re going to come back. This Item 29 I’ve got some information about the land that we wanted to use but if it’s not coming back I think we ought to resolve it today and get it resolved versus. Mr. Mayor: And Commissioner Williams, M. Williams, the motion would be to lay it on the table. There’s no construct for the deleting that item. To lay it on the table which means it can in fact be brought back at a time in the future. That’s means it can be brought back in committee, it could be brought back before the full Commission. That would be the proper motion and what you’re asking for is can it be brought back and the answer is yes. Mr. M. Williams: Mr. Mayor, any Commissioner can put all these back the ones we done vote on today if they so desire. But my question was and I want to help with the situation but I just need some clarity on it. I talked to some entities about the land and I thought if we could get it cleared today we can resolve it and we won’t have to, won’t have to bring them back anymore. Or we can lay it on the table or any Commissioner can pick it up. Mr. Mayor: You are absolutely, you’re right, Commissioner. Mr. M. Williams: I’m just trying to, I’m trying to stay in my lane but --- Mr. Mayor: All right. Mr. M. Williams: --- but I just need to know some clarity because he’s here now and we’ve got entities here --- Mr. Mayor: We do. Mr. M. Williams: --- and I think we can resolve this and hopefully help this Item 29 find another location or something since we’ve got the people here today, Mr. Mayor. I don’t want to hand it off in limbo as to not knowing what is going to happen are we going to bring it back tomorrow or the next day. Mr. Mayor: Thank you, thank you, Commissioner Marion Williams. The Chair recognizes Commissioner Fennoy. 19 Mr. Fennoy: Mr. Mayor, I’ve had conversations with members of Grow Harrisburg and the Canal Authority. They are in the process of meeting and trying to work out something that’s going to be agreeable with both parties. They’re also looking at other areas in Harrisburg where the Grow Harrisburg Project can take place. Once they have concluded their meetings and worked out a workable solution to whether Grow Harrisburg will be and have identified an area then we will bring this back before the Commission to approve the land that’s been designated if we can get the consensus of the Commission. Mr. Mayor: Thank you, Commissioner Fennoy, we appreciate that. At this time the Chair will entertain a motion to lay on the table Items 26, 27, 29 and 31. The Clerk: We have one Mr. Mayor, Mr. Sias and Ms. Davis. Mr. Mayor: All right. We have a motion and a proper second. All those in favor laying on the table those items will vote yea and those opposed will vote nay. Motion Passes 9-0. Mr. Mayor: Thank you, Madam Clerk. The Clerk: ADMINISTRATIVE SERVICES 28. Update from Sheriff Richard Roundtree regarding the salaries increases approved for the Richmond County Sheriff’s Office. Mr. Mayor: The Chair recognizes Sheriff Roundtree. Sheriff Roundtree: Thank you, Mr. Mayor and members of the Commission. I’m not going to take a whole lot of your time but I do want to update you on where we are with the again $1.6 that you all courageously approved for our agency on the last budget cycle. We are working diligently now with H.R. to try to get those some odd six, how many, 656 RPA’s done that affects members of this agency. That’s how many people that increase actually affects and wanted to thank you for that. Also just to let you know the direction we’re going. When I told you I asked for the 1.6 it was not part of just one strategy approving the overall performance of our Sheriff’s office and the retention of our deputies it’s actually a three part strategy in which we’re willing to readily share with you today. The 1.6 of course brings us up to a competitive level of salary for law enforcement within this agency. It helps us compete with local agencies at a standard. Another thing that we were able to do that we negotiated we’re always looking for community partners. We are negotiating with Augusta Tech and Dr. Elam. His staff was very gracious with us and we actually negotiated with as you know that the Augusta Tech Academy has two classes a year which they now updated to three classes which in an 18-week class at an approximate cost of $10,000 per student. It is a mandated course just like the Georgia Post. They become post certified but the additions that the person goes through actually to one year college credit. We’ve negotiated to provide instructors, also the use of our training facility and our shooting house with Augusta Tech in order so they will provide us five slots per class free of 20 charge with the exchange of instructors which were already instructing. That is a cost allocation of $150,000 dollars that we have to train additional deputies. Also those deputies of course will receive one year of college credit. The important part of that partnership is the fact that previous our only mechanism for bringing on deputies who were non-certified was to bring them to our jail on an entry level position. We were losing a lot of great candidates especially with Fort Gordon a college student where you have a person who has a degree a four year degree or a two year degree or a person who is retired military who has ten years experience and want to join law enforcement who want to stay in the area I can only bring them in at an entry level position. This now allows me to direct hire straight to the academy class three times a year up to fifteen students which again increases our recruitment capability twofold especially with the addition of Fort Gordon we’ve already seen dividends to that and we’ve already filled two classes with those exact students, those who already have some college classes. And again this will complete their degree and also retired military who again you know I don’t think a person who serves 20 years who serves this country needs to come with my agency and start at an entry level so we’re able to direct hire straight to them. Again that’s $150,000 dollar savings that’s afforded through Augusta Tech. What we see now just to let you know on average now every two weeks we’re seeing approximately 450 applications. They’re now coming through Richmond County Sheriff’s Office through our Human Resources system. And of course all of those are not viable candidates but the fact that we’re getting now every two weeks every fourteen days over 400 applications says a lot about what we can pick and choose the best candidate for the Sheriff’s Office. We also we noticed some of your concerns about retention rate. We also got with our Legal Department and those who we actually send through Augusta Tech Agency we’re drawing up a contract where there would have to be completion of the program, have to stay with the agency a minimum of three years upon completion of the Augusta Tech Academy. So I think you’re seeing great dividends. And I told you it wasn’t just about the 1.6 but it was a total effort. The last thing I want to share with you that we could into production, not production but we actually go into full blown advertisement tomorrow and I wanted to show it to the Commission first. For the last several months we’ve also been creating a recruitment video that will be produced nationwide or shown nationwide of all the media sites to help produce to help produce great candidates for this agency. As you know we’ve just completed our state certification which will be awarded the end of this month and before the end of the year we hope to have national accreditation. So again with that with those three parts and the recruitment video we think we’re going to be bringing in outstanding candidates that we can retain and train and retire in Augusta Richmond County and cut down on the over 75 per year rate that we’re losing. So if you’ll indulge me I will allow you to be the first ones to view our video that actually goes live the first thing tomorrow morning and I hope I’m right if I can get myself (unintelligible). If I can get to the mouse working. Help me out here. The Clerk: He’s on the way. Mr. Mayor: Help is on the way. (Recruitment video shown) Sheriff Roundtree: Again, Mr. Mayor, (inaudible) bring to your attention what we were doing. Thank you. 21 Mr. Mayor: Sheriff, thank you. I certainly applaud you for your efforts and your staff’s efforts. I feel safer already. Commissioner Williams, M. Williams. Mr. M. Williams: Thank you, Mr. Mayor. Mr. Sheriff, you mentioned something about retaining those I guess those students that the graduates are coming from Augusta Tech. Can we legally I guess retain them have them sign an agreement that they’ll give us those three years I think you mentioned? Sheriff Roundtree: That’s correct, that is prior to them going to that class that they will sign an agreement upon completion of the class they will give us three or four years. Mr. M. Williams: Okay, my next question is and this Commissioner always says can we do that same agreement with living in Richmond County? Sheriff Roundtree: That’s going to be a hard one. I don’t know I can’t tell people where to live. Mr. M. Williams: I mean I’m asking the question. You said that --- Sheriff: I don’t think we can tell them where to live. I mean I think it also we do have restrictions on taking home cars the policy that the county has but I seriously doubt that we as employers can direct a person to where (inaudible). Mr. M. Williams: I’m just asking a question so I mean we can retain them one way. I thought (unintelligible) no harm in asking. Sheriff Roundtree: No, sir, it isn’t. But we do ask them we do employ we ask the person where they’re living and why they choose, because the ones we have outside this county we ask them why they want to work with this particular agency so that is a part of our interview process. rd Mr. Mayor: Thank you, Sheriff. The Chair recognizes the Commissioner from the 3 Commissioner Davis. Ms. Davis: Thank you, Mr. Mayor. Sheriff, thank you for this information today. I also wanted to thank you for the academy that you’ve allowed us to appoint people to each year. And you know just people out in the community. That has been, two people that I appointed have just really enjoyed it and they are staying in touch with ya’ll even after they’re off of that year long or I guess it’s a few months really isn’t it the training. Sheriff Roundtree: Yeah, Citizen Police Academy is three weeks but the Advisory Board that ya’ll appoint to is a year long. Ms. Davis: Right. 22 Sheriff Roundtree: And, yeah, we’ve had outstanding success and feedback. And just to be completely honest when we first started you know we get some people who wouldn’t support us on the board. But after that year long process they came and saw exactly what the Sheriff Office did and their input is invaluable in the community like I said before. Yeah, I represent the entire Richmond County and they bring back, we meet once a month and they bring back issues that they people are talking about and they’re able to go back and share that information coming directly from the Sheriff’s Office. Ms. Davis: Yes, and thank you for that. I know it’s time for us to do it again so if each Commissioner will really think about who to appoint because it’s just been a good benefit for whoever served on that so thank you. Sheriff Roundtree: Thank you. I do encourage everyone to participate. I’m not going to call any names but some people did not nominate one for last term. But we do want participation on every district and then that’s the purpose of it that you chose someone who’s already active in your community that’s already working and then they come and represent your district as a reflection of you through the Sheriff’s Office. So thank you very much for taking the time. Mr. Mayor: Thank you, Sheriff. I think we’ll take two more. The Chair recognizes th Commissioner from the 6 Commissioner Hasan. Mr. Hasan: Sheriff, once again a wonderful video you have here. You mentioned much earlier that this was going to be something that you’re going to market the department across nationwide. And you also mentioned that we are, were very courageous in giving that 1.6. Well I’m hoping the 1.6 will do this because we’re not that courageous to go back again. So would you share with us how you’re going to advertise this because it looks about three to five minutes long if I’m not mistaken. So just show us how you plan to advertise it if you don’t mind. Sheriff Roundtree: Absolutely. First, you know, of course we’re going to do a social media site on our website then of course you know we have a person our community service person that’s directed to go out and do recruiting fairs to workshops who especially ones here and also different colleges throughout this particular area that we can drive through. So every bit of chance we have we’re going mass producing this video and going to have copies that are going to be distributed out. And like I said a lot of media there’s going to be social media and then all these jobs sites and job up links in which we can actually job sites on line that you upload these videos that the people can click on and see. And like I say we’ve been having applications now from as far away as Alaska. Mr. Hasan: Thank you, sir. Thank you, Mr. Mayor. Mr. Mayor: Commissioner Fennoy. Mr. Fennoy: Yes, Sheriff Roundtree, I’d like to thank you for the great job you and your deputies are doing but if there’s ever a situation where you need additional people because I have people that are calling me wanting to serve on the Advisory Board. So if there’s a slot vacant then I won’t have a problem filling it. So just keep me in mind. 23 Sheriff Roundtree: That’s appreciated. Thank you, sir. Thank you, Mr. Mayor. Thank you, Commissioner. Mr. Mayor: Thank you and your staff. Madam Clerk. The Clerk: Move to receive as information? Mr. Sias: Move to accept this as information, Mr. Mayor. Mr. Fennoy: Second. Mr. Mayor: We have a motion and a second to receive as information from Fennoy. The Clerk: Commissioner Fennoy? Mr. Mayor: Yes, ma’am. Commissioner Fennoy. Voting? Madam Clerk, as they’re voting I’d like to go to item number 32 next --- The Clerk: Okay. Mr. Mayor: --- and then close with item 31. The Clerk: Okay, item 30? Close with 30. Motion Passes 9-0. The Clerk: So you want to go to item 32, sir? Mr. Mayor: 32 then we’ll close with item 30. The Clerk: Motion to approve, Mr. Mayor Pro Tem, has offered a revised list of Ex- Officio appointments to the various boards as follows: The Richmond County Board of Health, Commissioner Sammie Sias. Augusta Aviation Commission Bush Field, Commissioner Mary Davis and Commissioner Sammie Sias. Greater Augusta Arts Council, Commissioner Guilfoyle. Planning Commission, Commissioner Marion Williams. The Library Board, Commissioner Bill Lockett. General Aviation Commission Daniel Field, Commissioner Guilfoyle. Richmond County Board of Education, Commissioner Dennis Williams. Family Connection, Commissioner Bill Lockett. Richmond County Hospital Authority, Mayor Pro Tem Grady Smith. Emergency 9-1-1 Council, Commissioner Louis Harris. Tax Assessors Board, Commissioner Louis Harris. The CSRA Regional Development Authority, Mayor Pro Tem Smith. Land Bank Authority, Commissioner Ben Hasan. Downtown Development Authority, Commissioner Bill Fennoy. APPOINTMENTS 24 32. Motion to approve the following Ex-Officio Commission appointments to the various Augusta-Richmond County Boards, Commissions and Authorities: Commissioner Dennis Williams, Richmond County Board of Health, Commissioner Sammie Sias, Augusta Aviation Commission and General Aviation Commission, Commissioner Wayne Guilfoyle Greater Augusta Arts Council, Commissioner Marion Williams, Planning Commission, Commissioner Mary Davis, ARC Library Board, Commissioner Louis Harris, Richmond County Board of Education and Emergency 9-1-1 Council, Commission Bill Lockett, Family Connection and Board of Tax Assessor, Mayor Pro Tem Grady Smith, Richmond County Hospital Authority and CSRA Regional Development Authority, Commissioner Ben Hasan, ARC Land Bank Authority and Commission Bill Fennoy, Downtown Development Authority. (Requested by Mayor Pro Tem Grady Smith) Mr. M. Williams: So moved. Ms. Davis: Second. Mr. Mayor: We have a motion and a second. Any additional inquiry? Seeing there were none, voting. All those in favor will vote yea and all those opposed will vote nay. Mr. Hasan votes No. Motion Passes 8-1. Mr. Mayor: Thank you, Madam Clerk. The Clerk: FINANCE 30. Consider a request from Mr. Bill Powell of Halken Investment Properties regarding a waiver of fees on his properties. (No recommendation from Finance Committee January 12, 2015) Mr. Mayor: This came out of the Finance Committee with no recommendation. The th Chair will recognize the Commissioner from the 8, the Chair of Finance Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. I see we’ve got the gentleman here, Mr. Bill Powell. I’m not going to recognize him, that comes before the Chair. But, Mr. Mayor, I would like to ask him a two part question if you don’t mind. Mr. Mayor: I would certainly like for you to do that. It can forward with no recommendation. Can you speak to that Commissioner as to why there was no recommendation? Mr. Guilfoyle: Yes, sir, I can. Under the Finance when people come before this body to ask for a relief on property taxes we look at, well, I look at it as you open up Pandora’s Box when you start giving back money or taxes shall I say. This gentleman here had come before us 25 to ask for relief on penalties and interest. He’s already paid his property tax and my solution is you know this is part of my two part question. He’s actually got 25 rental houses that rents within Augusta Richmond County. He had a motorcycle accident, sir, and he’s asking for a little help because his wife had failed to pay the taxes when they were due. He’s always been paying taxes in the past on time and I know that one of my colleagues had reached out to him and come up with some kind of workable solution. But I do have to ask the gentleman two questions before I make my decision. Mr. Mayor: I appreciate that and I’ll recognize him. The Chair would like to ask, I see the Tax Commissioner in the rear. I’d like to ask the Tax Commissioner if he would approach. I didn’t realize that again as it relates to property taxes that it was in our jurisdiction to determine whether or not we waive penalties and fees. And so I’d like to defer to the Tax Commissioner before we receive Mr. Powell. Mr. Powell, you may be seated there until we recognize you. Commissioner Kendrick, thank you for being here, sir. Mr. Kendrick: Mr. Mayor, what’s the question? Mr. Mayor: The question is considering item 30 on the agenda, a waiver of fees on property taxes. Can you speak to us as it relates to our jurisdiction and our ability to waive and or relieve individuals of those fees? Mr. Kendrick: Sure. The, I’ll speak to you about what happens traditionally and what can happen legally. First of all our office probably receives in the neighborhood of hundreds of requests each and every month from tax payers asking for a waiver of penalties and interest. We’re very judicious in our selection of the ones in which we look at meaning that in situations where there’s been a mistake by our office, the Assessor’s Office or sometimes when it can be verified the post office we find and I’ll find a way to make sure that taxpayers aren’t unfairly penalized for things in which they had no issue with. From time to time taxpayers come in because of hardships and when you are dealing with hardships you’re dealing with a subjective matter. And because of that we routinely ask whenever the amounts are above amounts that we’re not comfortable with we ask them to come to the Commission for those types of decisions. Now the Commission has over my six years has chosen to from time to time offer relief to tax payers as it relates to penalties and interest. My suggestion has always been that when you’re talking about a penalty you’re talking about just what it says you’re penalizing a taxpayer for being late. When you’re talking about interest you’re talking about the cost of borrowing money. So most times if we’re going to look at something we look at penalties as something that we can look to waive, but generally not interest because our government there is a cost of us not having that money for our use every day. On situations like this we generally don’t offer public recommendations as to our position on these types of things. Most of the times our recommendation can be inferred by the fact that we sent them to you. That means we have decided in our office it was not something that we were either comfortable with doing nor or we though the amount was too much for us to do. In this case the situation where a taxpayer had a hardship I explained and I talked to the taxpayer myself and explained that that hardship while we certainly believe that we could not offer any recommendation as it relates to that because as I told you before we hear hundreds of those each month and it would put us in a position where if we start to do that for simply a hardship then I have to compare which hardships are more 26 important that the others. And so it is indeed a tough task to do but as I like to say sometimes to my folks we are human and we all have personal feelings and we have to recognize sometimes there are situations that we have to address. This is one for the Commission to address and so hopefully I’ve answered your question. You certainly have the jurisdiction to remove both penalties and interests for the county portion. You cannot do it for the state portion because the state portion is very small at this point. And you can do it in the form of a refund but you cannot do it in the form of a waiver when you’re talking about taxes as in sales you can only do it with penalties and interest. Any additional questions for me? Mr. Mayor: And additional questions for the Tax Commissioner? Thank you, sir. The Chair recognizes Mr. Powell. Mr. Powell, thank you for appearing. For the record if you’ll please state your name and address. Mr. Powell: Yes, sir. My name is Bill Powell. I live at 4198 Anders Crossing in Evans, Georgia. I was here last week and discussed this situation with myself and I thank you for time again today, Mayor. I appreciate it very much. Unfortunately I was involved in a motorcycle accident. It was a pretty serious accident. Because of that my wife has nothing to do with the business and that’s me and myself and I’m the sole proprietor of that. So I asked her to pay the taxes. She obviously forgot to do it but so that’s where we are and I wouldn’t be here if it was one tax but it’s 23 taxes that I have. So my issue is that it’s a substantial penalty for me at this point and you know I’m currently disabled with the accident. I’ve lost actually lost my job so this a substantial hardship on me because of that. I’m not asking for you know I guess pity in reference to that but that is a factual situation that I wanted you to be aware of. As far as the precedent of everything I think it would be in good situation that if you take a taxpayer that has a good record and I’ve paid over $153,000 dollars in taxes to Augusta. And I’ve been loyal to Augusta. I’ve contributed as far as buying properties, fixing them up, repairing them, having renters in Augusta so my loyalty has been here with Augusta. I would think that if you take a situation like this that occurs that’s obviously an accident it’s not something that I did intentionally and you look at that and you could say okay let’s give this gentleman a break because of this situation and not look at it as a precedent that we’re opening Pandora’s Box and we’re giving everyone an opportunity to not pay their taxes. I loyally have been faithful to Augusta and have paid my taxes religiously every year. th Mr. Mayor: The Chair will recognize the Commissioner from the 8 Commissioner Guilfoyle, your two questions. Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Mayor: Yes, sir. Mr. Guilfoyle: Mr. Powell --- Mr. Powell: Yes, sir. Mr. Guilfoyle: --- I see that you do not reside in Augusta Richmond County is that correct? 27 Mr. Powell: Yes, sir. Mr. Guilfoyle: As far as your properties and where you reside at, have you been before no different than you have been before this body have you been before that body to ask for the same type of relief, sir? Mr. Powell: In reference to what, sir? Mr. Guilfoyle: Late payments, penalties, interest. Mr. Powell: It was a situation last where I didn’t receive a --- Mr. Guilfoyle: I’m talking about this year, sir. Mr. Powell: --- oh, no, sir. Mr. Guilfoyle: Is or do you have I don’t mean to pry but do you have the same conditions here in Augusta Richmond County as you do where you reside? Mr. Powell: Oh, yes, sir we paid the taxes just recently at the same time in Columbia County, yes sir. Mr. Guilfoyle: Okay, did you go before that body? Mr. Powell: No, sir. Mr. Guilfoyle: Just one question. Why not? Mr. Powell: The penalties weren’t substantial. I mean it wasn’t as I indicated when I first came here last week if it was just the one house I wouldn’t ask for assistance but it’s 23 times I’ve been penalized for the same thing. See what I’m saying? I mean it wasn’t, it was on my own personal property, yes, I paid those taxes and I paid them late but it wasn’t anywhere near the penalty that I’m absorbing here you know that’s here in reference to this. Mr. Guilfoyle: Thank you, Mr. Powell. th Mr. Mayor: The Chair recognizes the Commissioner from the 9 Commissioner Williams. Mr. M. Williams: Thank you, Mr. Mayor. Mr. Powell, you say your wife forgot to pay the taxes while you was ill. Is that right? She forgot on all 26 properties is that what you’re saying? Mr. Powell: Yes, sir, we pay them all at one time, sir. 28 Mr. M. Williams: I understand but you’ve got 26 of them so I’m sure you got 26 envelopes in the mail from Mr. Kendrick’s office somewhere to, I mean had it been one or two I could probably be understanding but you’re saying 26. So I’m sure they come separately they don’t come as a package deal. Each property has to be identified and not sent in a bulk like that. Or did you get it in bulk maybe I need to ask that question. Did you get it in bulk? Mr. Powell: Actually, sir, they all did come in one big large, yes, sir. Mr. M. Williams: Okay. Mr. Mayor, I’m going to make amotion that we deny based on that. I would love to help this young man, nearly young man, but I mean we’ve got a, I think we’re going to have to hold to some standard. That’s going to be my motion to deny but (inaudible). Mr. Mayor: We’ve got a motion. The Clerk: Can I (inaudible). Mr. Mayor: We have a motion on the floor --- Ms. Davis: Mr. Mayor, I’ll second that. Mr. Mayor: --- and a proper second. Any additional discussion? Any additional parliamentary inquiry? We’ve got a motion and a proper second. All those in favor of the motion will vote yea and all those opposed will vote nay. Mr. Dennis Williams votes No. Motion Passes 8-1. Mr. Mayor: Thank you, Madam Clerk. Mr. Powell, it’s been denied. Thank you. Madam Clerk? The Clerk: Yes, sir. Mr. Mayor: Mr. Attorney, Commissioners, if there’ll be no further business this meeting is hereby adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission 29 CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on January 20, 2015. ______________________________ Clerk of Commission 30