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HomeMy WebLinkAboutRegular Commission Meeting May 5, 2015 REGULAR MEETING COMMISSION CHAMBER MAY 5, 2015 Augusta Richmond County Commission convened at 2:00 p.m., May 5, 2015, the Hon. Hardie Davis, Mayor, presiding. PRESENT: Hons. Guilfoyle, Sias, Frantom, M. Williams, Fennoy, D. Williams, Hasan, Davis and Smith, members of Augusta Richmond County Commission. Absent: Hons. Lockett and Davis, members of Augusta Richmond County Commission. Mr. Mayor: Good afternoon. I hereby call this meeting to order. Madam Clerk. The Clerk: Yes, sir. For our invocation we’d like to ask the Reverend Larry Fryer, Sr., Pastor of Hudson Memorial CME Church to come forward for the invocation followed by the Pledge of Allegiance. Mr. Mayor: I do not see Rev. Fryer. I do not see Rev. Fryer. We have a pinch hitter, I see Rev. Melvin Ivey. Rev. Ivey, the Lord calls on you today. Would everyone please stand. Rev. Ivey: If I had known I’d have cleaned up a little better. (Invocation given by Rev. Ivey) Mr. Mayor: Madam Clerk, what I think we’d like to do at this point is do our recognitions. The Clerk: Yes, sir. I believe the first recognition is for Years of Service Awards for city employees. Ms. Elam: Good afternoon, Mr. Mayor, Commissioners. My name is Michelle Elam and I’m your Interim Human Resources Director. Today we are happy to recognize our Years of Service Recipients. For the month of April there are 17 5-10 year recipients and 13 with 25-50 year recipients of which four are here this afternoon. With 25 years of services Donna Tyra with Planning and Development Department. (APPLAUSE) With 30 years of service Tamala Branham with the Recreation Parks and Facilities Department. (APPLAUSE) With 35 years of service William A. Elliot III with the Utilities Department. (APPLAUSE) With 35 years of service Lance Peeples with RCCI Department. (APPLAUSE) Once again, a big congratulations to our Years of Service recipients. Thank you. (APPLAUSE) ADDENDUM 31. Congratulations! Laney Lady Wildcats for capturing the Class AAA Georgia State High School Women’s Basketball State Championship. The Clerk: Our next recognition is the Lucy C. Laney 2014, 2015 Women’s Varsity Basketball Team. Congratulations to the Lady Laney Wildcats for capturing the Class AAA 1 Georgia State High School Women’s Basketball State Championship. (Requested by Commissioner Marion Williams) (APPLAUSE) Mr. Mayor: We’re excited to celebrate the Lucy C. Laney Craft, the Lucy Craft Lady Wildcats for an awesome season as they are the Class AAA State Championships. We’re excited. Would you please stand at this time. We’re joined by Commissioner Ben Hasan Laney th Alum and Commissioner from the 9 who has place this on our agenda. (APPLAUSE) We want to recognize the tremendous efforts of an illustrious coach who has been in the community for many, many years. And so we recognize you for your hard work and dedication as the head coach of the Lucy C. Laney High School Lady Wildcats, Coach Martin. (APPLAUSE) Congratulations Coach. I think what we’re going to do we’re going to get all of them on this side and then we’ll ultimately take a picture. Commissioner if you’ll come on down as well. st Commissioner Fennoy is the Commissioner from the 1. The school was situated from right in his district. We also recognize today Ms. Carlotta Fields for her hard work and dedication as an Assistant Coach. (APPLAUSE) Congratulations. I’ll tell you what I’ll do. Why don’t I have all of the Commissioners stand on this side greet them and shake their hands and I’ll send them that way. How about that? All right we also recognize Assistant Coach Ms. Jackie Gibbons for her hard work and dedication as well. (APPLAUSE) Fantastic this is a great day in Augusta Georgia. We’re celebrating champions. We recognize Ms. Taquesa Williams. Did I do that well? Jessica Williams (APPLAUSE) Jessica Williams, congratulations. We recognize Ms. Jasmine Bartlett. (APPLAUSE) Also Ms. Abrianna Bartlett for her hard work (APPLAUSE) and sportsmanship. Congratulations. We also recognize Ms. Cordasia McBride. (APPLAUSSE) Congratulations. We also recognize Ms. Jemia Bowman. Congratulations. And Ms. Aleia Collier. (APPLAUSE) Yes, she’s going to Clemson. Go Tigers. We also recognize Ms. Keller (APPLAUSE) and Ms. Donna Whitehead. (APPLAUSE) Ms. DeShay Benjamin. (APPLAUSE) Ms. Talia Newsome. (APPLAUSE) Ms. Stephanie Burston. (APPLAUSE) Congratulations. Ms. Jamal Young. (APPLAUSE) Ms. Regina Kelley. (APPLAUSE) Ladies and Gentlemen these are fine student athletes as well. They’re joined today by their Principal Dr. Taylor. (APPLAUSE) We also recognize Ms. Jasmine Hollman (APPLAUSE) Ms. Tenia Johnson (APPLAUSE) congratulations. Ms. Newsome is not here, Ms. Newsome is not here but we have two more that we don’t have names for? Is that? Mr. Fennoy: Who are we missing coach, we’re missing a couple of students? Mr. Mayor: Absolutely, we are absolutely going to recognize these young ladies. (APPLAUSE) All right Tania Washington and Ms. Tanita Baker. Congratulations. Ladies and Gentlemen would you give them another round of applause. (APPLAUSE) Fantastic. Coach Smart, would you please say something? Coach Smart: Good afternoon everyone, panel, Mayor, it’s a great pleasure for you all to invite us here today. And we appreciate it and we thank you for standing behind us the City of Augusta. And we thank you for blessing us today to be here. And each one of these young ladies (unintelligible) to be the best so I want to thank Mr. Williams and everybody. I appreciate it and we go Wildcats!! (APPLAUSE). 2 Mr. Mayor: I couldn’t quite do that like Coach did. Dr. Taylor, would you like to say something as well to your students? Dr. Taylor: I would also like to thank the Mayor and the Commissioners and the City of Augusta for having us here today. I’m so very proud of these students of their legendary coach, Coach Smart and assistant coaches and all of the support of cast. It’s just such a wonderful experience. Our motto is Excellence in Academics and Athletics at Laney and continuing the pride and legacy back to the Boulevard. So thank you so very much for having us here today. This is one of the very, very highlights of what these young ladies have done this year. Graduation is in a couple of weeks, we’re looking forward to that and we’re looking forward to another great season next year. And thank you for honoring us with your presence today. Thank you Mayor very much. (APPLAUSE). Mr. Mayor: The Chair recognizes Madam Clerk. The Clerk: DELEGATIONS A. Ms. Mary Elizabeth Pennington Slicerz Restaurant RE: Ordinance amending Augusta, Georgia Code Title 6, Chapter 2, Article I, Alcoholic Beverages, Section 6-2-1 through 6-2-145. Ms. Pennington: Good afternoon. Thank you for allowing me to speak on behalf of all of the Richmond County businesses that sell alcohol. First and foremost I would like to just inform you guys that we are not interested in extending the sale of alcohol hours we are actually just looking to extend the business hours for food sales. We actually, our food sales are about 70% of our profit at Slicerz Restaurant. We are pushing for the late night business for all of Richmond County not just for our business alone. We do target some of our FNB workers our factory workers or retail workers as well as some of the patrons of Richmond County. We have hired private security and we have recently employed the Richmond County Sheriff’s Office to insure that nothing out of the ordinary happens on our premises. We are Serve Safe Alcohol Certified. We have one proctor in our building. Right now we actually have several employees that are also Serve Safe Alcohol Certified and we are looking at pushing for 100% of our front of house to be Serve Safe Alcohol Certified to insure that we are not breaking any of the rules or regulations and insuring that the safety of our patrons is upheld and making sure that nobody is being served past the hours that Richmond County has enforced on us. So we would like you guys to consider readdressing and voting again on the and to reverse the decision that you guys made a couple of weeks ago or a couple of months ago actually at this point. Mr. Mayor: Thank you, Ms. Slicerz, I’m sorry, Ms. Pennington. Madam Clerk. The Clerk: DELEGATIONS B. Ms. Vivian P. Rosier 3 RE: Basketball goals in the streets. Mr. Mayor: Mrs. Rosier, the Chair recognizes you at this time. Mr. Rosier: Thank you for allowing me to speak to you this afternoon. To the Honorable Mayor Hardie Davis the Richmond County Commissioners, first of all let me tell you my name again. I’m Vivian Rosier, citizen of Augusta Richmond County for 53 years, taught in the public school system for 30 years and at a college for 10 years. But I come before you today to address a serious public safety issue that greatly concerns me as a citizen of this fine city. Being a mother and grandmother I have given serious thought to this issue and I come to this conclusion and recommend that we take a broader approach that may affect some positive change in our neighborhoods across the city of Augusta. That we reach a resolution regarding the serious needs and locations for community parks with the consideration of the parks equipment within the centers so that children will not go to empty spaces. Let us make parks that are accessible to promote the health and public safety for all communities. Let us work together to build stronger neighborhoods throughout the city and also have school embrace the schools and the cities our city together to make this happen. Our overall goal is to have livable let me say that again, livable communities deterring crime, violence and other matters of immoral behavior. We must hold ourselves accountable for what happens within this community. Therefore I speak these words, some are factual and some from my perspective. The streets are paid for and maintained by public funds. Streets are for driving or parking on not to be used as a basketball court or a baseball diamond. That’s why we have schools, public parks, community centers to enjoy sports in a safe and secure environment. Local streets are our most important public space. If this were on a major artery that would be one matter but since it’s a local street for use by local residents who live on the block to access their homes, the movement of automobiles or automobile traffic should not be the priority or should be the priority I’m sorry. When my neighbors come home from work should they have to deal with ten or twelve kids blocking the roads? Half of them don’t even move so you have to zigzag through them. To be hard working taxpayers to have to deal with balls bouncing off our cars hitting our homes ruining gardens we work so hard on. What if one of the kids trespasses on my private property to get the ball and gets hurt and he gets hurt. Who do you think would get sued? Who is going to pay to fix my car or house if they damage them? Should my family --- Mr. Mayor: You have (inaudible). Ms. Rosier: --- have to listen to the swearing and yelling and to see some kids with their underwear striking out of their pants? This is a quality of life issue. Whether some of us support streets being used as a playground and other support parks, community green spaces and comprehensive recreational facilities hopefully we can achieve our common purpose. Mr. Mayor: You have less than 30 seconds now, Mrs. Rosier. Ms. Rosier: Thank you. As voters, community leaders policy analysts we can have some say over how money is allocated and how rules or ordinances are made. Let us recognizes our interdependence knowing that we are caught in the words of Martin Luther King Jr. in an 4 inescapable network of neutrality together we can be sustained by the conviction that we have the resources, materials, intellectual and spiritual will to do this. Thank you. Mr. Mayor: Thank you. Thank you, Ms. Rosier. The Clerk: Consent agenda? Our consent agenda consists of items 1-16 and that will be 1-16. No Planning or Public Services items within that group. Mr. Mayor: The Chair will entertain any motions to either or remove from the consent th agenda. The Chair recognizes the Commissioner from the 8. Mr. Guilfoyle: Thank you, Mr. Mayor. If my colleagues does not have an issue with any of these, I’d like to consent items number 19, number 26, number 27, 28, 29 and 30 Madam Clerk. Thank you, Mr. Mayor. th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. I’ve got a couple of questions about a couple of those. And I guess if I can get some answers to those I have no problem letting them go through the consent. But 28 and if I can ask my question now, Mr. Mayor, I believe I can do that. Mr. Mayor: The Chair will recognize you for that purpose. Mr. M. Williams: Yes, sir, I have no problem with these reappointments but how did they get to this body. There’s no name associated with it, they didn’t come through a committee so did they get to this body to be voted on? Everything else in this agenda does have a name associated and I’m not against. I talked with some people who’s in favor of this and I’m not against it but like anything else it just don’t pop up on the agenda. So where did this come from? Who initiated this to be placed is my question. Mr. Mayor: Very appropriate question. The Chair recognizes the Commissioner from th the 8 Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. As far as these appointments for the URA last year when we redone the URA we had appointed who is actually a combination of all the Commissioners say for commission number one and two selected somebody, three and four and so and so. Their reappointments are up at this time so I guess the URA Board or the Clerk had done this but it wasn’t, these were the same people that was on it from last year if that gives any help to it or it might have disturbed it. Mr. M. Williams: Mr. Mayor, my question was not about the list of names that we’re addressing. My question was how did it get placed, what body, what Commissioner what Mayor what Clerk, Administrator? How did it get on this agenda is what I’m asking because I thought that anything that didn’t come through committee that was sent through here should at least be named. And I’m just looking out for because if that’s the case I can I don’t have to use my name 5 I’m already criticized about bringing stuff back Don Grantham but I got no problem with bringing it back. At least I can face my accusers I don’t have to put a blank name. So I’m asking how did it get here that’s my question how did it get to, 28 get on the agenda? th Mr. Mayor: The Chair recognizes the Commissioner from the 8 once more. Mr. Guilfoyle: Thank you. Hopefully this answers my colleague’s question. Lynthia st Owens had sent the email to the Clerk’s office on April 21 in regards to as a request from the former Mayor Bob Young had asked about having Amanda Bryant and Isaac McKinney st reappointed to the Board. Their terms expired on April 1 of 2015. I hope this gives him. Mr. M. Williams: Yes, sir, that helps me a lot, Mr. Mayor. Now we just had a situation come through the committee and that’s where the process works. If we’re going to follow these rules and I’ve just been here too long. I just wish I could forget some of them but because I’ve been here and I know the process and I try to go by that and I want everybody else to go by that too. So if whoever supported that should have came through committee then be forwarded on this not straight to our agenda. So that’s, I’ve got no problem with it, Mr. Mayor, I can support it. Mr. Mayor: I appreciate that, Commissioner. Mr. M. Williams: I labored all this time for knowing what’s right so if my focus is wrong I need to that to be known too. th Mr. Mayor: I appreciate that. The Chair recognizes the Commissioner from the 4. Mr. Sias: Are we in any (inaudible). Mr. Mayor: We are in the adding or pulling state. It’s up to you. Mr. Sias: I’d like to pull item one. Mr. M. Williams: Mr. Mayor, I’d like to pull items 4 and 5 for --- Mr. Mayor: I ain’t got to you yet, Commissioner --- Mr. M. Williams: Okay. th Mr. Mayor: --- we’re still at the Commissioner from the 4. Mr. M. Williams: Okay, I’m sorry. Mr. Sias: Thank you, Mr. Mayor, I’m finished. Mr. Mayor: Okay. The Chair will entertain another motion to pull or add the chair the th Commissioner from the 9. 6 Mr. M. Williams: Four and five I need some clarity on four and five please, Mr. Mayor. Mr. Mayor: You are pulling from the consent agenda. Is that correct? Mr. M. Williams: That’s right four and five. Mr. Mayor: Items four and five pulling from the consent agenda. Are there any other motions to pull or add from the consent agenda? The Chair recognizes the Commissioner from th the 4. Mr. Sias: Move to approve. Mr. Hasan: Second. CONSENT AGENDA PUBLIC SAFETY 2. Motion to approve Capacity Agreement for FY2015 for state inmates being housed in the Richmond County Correctional Institution. (Approved by Public Safety Committee April 28, 2015) FINANCE 3. Motion to approve the request by the Executive Director of Augusta Regional Airport for replacement of one older emergency response vehicle to update the Augusta Regional Airport Fire Department’s fleet. Approved by the Augusta Aviation Commission on 26 March 2015. (Approved by Finance Committee April 28, 2015) 6. Motion to approve receiving as information financial reports for the period ended March 31, 215. (Approved by Finance Committee April 28, 2015) ENGINEERING SERVICES 7. Motion to authorize condemnation to acquire title of a portion of property for right of way, temporary construction easement, and one driveway easement (Parcel 041-1-110-00- 0) 3390 Tanglewood Drive. (Approved by Engineering Services Committee April 28, 2015) 8. Motion to approve award of Bid Item 14-238, Storage & Site Improvements, to Gearig Brothers Civilworks, LLC for the Environmental Services Department. (Approved by Engineering Services Committee April 28, 2015) 9. Motion to award bid to Georgia-Carolina Paving for repairs of asphalt and concrete which has been removed for repairs to Utility lines. (Approved by Engineering Services Committee April 28, 2015) 10. Motion to approve funding for the final phases of the Consultant Services Agreement for the ADA Self-Evaluation and Transition Plan to Cranston Engineering Group in the amount of $235,796.00 as requested by Augusta Engineering Department. (Approved by Engineering Services Committee April 28, 2015) 11. Motion to approve award of the Construction Contract to E.R. Snell Contracting, Inc. in the amount of $11,291.651.80 for Transportation Investment Act (TIA) Project, Berckmans Road Widening & Realignment, Phase 1, as requested by AED. The Award is 7 contingent upon receipt of signed contracts and proper bonds. (Approved by Engineering Services Committee April 28, 2015) 12. Motion to approve application to Georgia DOT for Local Maintenance and Improvement Grant in the amount of $100,000 to be distributed to Georgia Regents University for the Laney Boulevard Project as requested by AED. (Approved by Engineering Services Committee April 28, 2015) 13. Motion to approve award of Construction Contract to Reeves Construction Co. in the amount of $828,451.66 for the Transportation Investment Act (TIA) Project, Pleasant Home Resurfacing from Riverwatch Parkway to Walton Way Ext. The Award is contingent upon receipt of signed contracts and proper bonds as requested by AED. (Approved by Engineering Services Committee April 28, 2015) 14. Motion to approve Procurement of Replacement Parts for Hypochlorite Generation Equipment. (Approved by Engineering Services Committee April 28, 2015) 15. Motion to approve tasking the Administrator with contacting the companies enumerated by Mr. Lockett who utilize solar energy to set up a date for a workshop with the Commission to discuss this issue. (Approved by Engineering Services Committee April 28, 2015) PETITIONS AND COMMUNICATIONS 16. Motion to approve the minutes of the regular meeting of the Commission held on April 21, 2015 and the special called meeting held on April 21 and April 28, 2015) PUBLIC SERVICES 19. Approve contract in the amount of $116,115.00 to the low bidder on the base bid, Gold Mech Services, to replace the air cooled chiller at Diamond Lakes Community Center as outlined in RFB 15-138. This price includes the base bid only. Staff is working with the contractor to develop a scope and pricing for appropriate automation controls to present to the commission. (No recommendation from Public Services Committee April 28, 2015) FINANCE 26. Approve development agreement with HIX Broad Street, LLC in the Downtown Tax Allocation District (TAD 4). (Requested by Commissioner Hasan) APPOINTMENTS 27. Motion to approve the appointment of Mr. Steven Kendrick to the Development Authority of Richmond County replacing Ms. Peggy Golosky. (Requested by Commissioner Hasan) 28. Motion to approve the reappointments of Ms. Amanda Bryant and Mr. Isaac McKinney to three-year terms on the Augusta Urban Redevelopment Agency Board from April 2, 2015 to April 2, 2018. 29. Motion to approve the following appointments representing District 2: Elmyria Chivers, Board of Zoning Appeals; Trazanna Armstrong, Augusta Port Authority; Brenda Brown, ARC Citizens Small Business Advisory Board; Levert Lane, Housing & Community Development Citizens Advisory Board; Arbernice Rouse, ARC Personnel Board; Mary Hamer, Public Facilities Board; Patricia Jefferson, ARC Planning 8 Commission; Paul Thompkins, ARC Tree Commission; Shirmaine Ivey, ARC Sheriff’s Citizens Advisory Board. (Requested by Commission D. Williams) ADDENDUM 30. Reappoint Charles Paschal to the Board of Zoning Appeals. (Requested by Commissioner Ben Hasan) Ms. Davis and Mr. Lockett out. Motion Passes 8-0. [Items 2, 6-16, 19, 26-30] Mr. Mayor: All right, here’s our posture, Madam Clerk. What we’ll do is I’d like to take items four and five. The Clerk: FINANCE 4. Motion to approve the replacement of 4 public safety vehicles for the Marshal’s Department using Phase VI Sales Tax designated for public safety vehicles. Bid 15-130. (Approved by Finance Committee April 28, 2015) 5. Motion to approve the replacement of 27 Public Safety Vehicles for the Sheriff’s Office Road Patrol Division, Traffic Division and Sheriff’s Administration for 2015. Bid 15-130. (Approved by Finance Committee April 28, 2015) th Mr. Mayor: The Chair recognizes the Commissioner from the 9 the distinguished Chairman of Administrative Services. Mr. M. Williams: Thank you, Mr. Mayor, I appreciate that. I just my question is how is it that we say we don’t have any monies and I’m in support of the Sheriff and I support the cars but how do 31 cars go out at the same time? I mean we’ve got to replace 31. How is it that and I understand but I’m just trying to get us to be more fruitful about how we spend 5, 6, 7 8 but 31 cars need to be replaced at the same time? And but we say we don’t have any money we want to do some other things to bring revenue in. Mr. Hasan: Mr. Mayor, are we discussing both of these items together? Mr. Mayor: Yes, we’re going to vote on them separately. We are, we absolutely are but he asked to pull them and I wanted to give an opportunity to discuss them. The Chair recognizes st the Commissioner from the 1. Mr. Fennoy: Yes, is there anyone here from Fleet Maintenance? Mr. Mayor: Do we have anyone from Fleet Maintenance? The Chair recognizes Ron Crowden. Mr. Fennoy: Mr. Crowden, we have certain regulations that our vehicles must adhere to in order for them to be placed on the road. 9 Mr. Crowden: Yes, sir, that’s correct. Mr. Fennoy: And these regulations are set by who? Mr. Crowden: It’s a policy that was approved by this Commission in 2004. Mr. Fennoy: Okay and once the vehicle reaches the say number of mileage that they’re scheduled to reach y’all request new vehicles to replace them with? Mr. Crowden: No, we request some because sometimes there’s not enough money to replace all of them. Mr. Fennoy: Okay. How many with the Sheriff’s Department and the Marshal’s Department how many vehicles do we have on the road? Mr. Crowden: There’s 32 vehicles assigned to the Marshal’s Department used by Marshal’s deputies. The Marshal has one car but all others are deputies which serve eviction papers, court papers and any other legal documents required by the Judge. They primarily support all the Judges of state, state court, magistrate’s court. The Sheriff has an excess of 500 vehicles in all nine divisions. The Road Patrol which is primary focus has over 300 cars. Right now the cars that are going out of service are hitting around 140 to 160,000 miles. Mr. Fennoy: Now some of these vehicles are still drivable. Mr. Crowden: Yes, sir, but you, they’re very expensive to keep on the road and their down time increases because of those repairs. Mr. Fennoy: And would there be any liability issues if we have a vehicle that should be pulled in and we keep them out on the road? Mr. Crowden: If you have a catastrophic failure of say a brake system, yes, sir, we would. Mr. Fennoy: Okay. All right, thank you. th Mr. Mayor: The Chair recognizes the Commissioner from the 4. Mr. Sias: Mr. Mayor, you say we’re doing these items four and five at a time? Mr. Mayor: We’re going to vote on them independently. Mr. Sias: Mr. Mayor, I move approve item four. Mr. D. Williams: Second. 10 th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. Ron, while you’re there can you help me out like you helped Mr. Fennoy. First of all what happens to those vehicles that we take off out of the road? I think we paid $3 million dollars for preventive maintenance on those same cars that we’re taken off the road. In other words we oil change them and we do the brakes, we keep the tires up even though you say 150,000 miles but we maintain those through a fleet service that we paid $3 million. What happens to those cars that we take off? Where, we junk those cars or we scrap them? Mr. Crowden: Well, we strip them and then --- Mr. M. Williams: When you say strip them now when you say strip them that’s a dangerous word. Mr. Crowden: --- we take the emergency equipment off the car --- Mr. M. Williams: Okay. Mr. Crowden: --- so it’s just a plain car. Mr. M. Williams: Okay. Mr. Crowden: We take it and have it painted a single color. Mr. M. Williams: Okay. Mr. Crowden: And then we offer it at auction on a GOV Deals website. Mr. M. Williams: And do the smaller cities such as Sandersville, Georgia places like that and the reason I use Sandersville, we had a black and gray, Mr. Mayor, I pulled up beside in Sandersville and I thought it was one of our own. The only thing the name different on the car was the name because they use that same car to do what we do with it. They chase crooks in Sandersville. I guess the crooks are a little bit slower than ours I don’t know but they do the same service that we do with it. And this is no knock on Ron. I’m just trying to get us to understand that we just can’t spend the money because we got the money and that’s something we always did. Those cars are offered up on like you say the GOV Deals and I’ve been down there and I purchased a few of those cars that I bidded on myself. But I do know the process that we just can’t buy cars because it’s another year. Now maybe the Jones down the street might do that but if that car will be servicing I don’t want our deputies or anybody else to hold the doors together and ride down the road trying to hold the steering wheel in one hand and the door in another hand. I’m not suggesting that but the mileage to me doesn’t equate to spending the money we spend on vehicles and what we’ve been doing. You’re Fleet Management, it’s not your baby so you don’t have to rock it. I just want to, I wanted these Commissioners to understand something. When we do 30 and 35 cars at a time when we ought to be doing four or five as they need it. But 11 either we don’t pay the $3 million dollars for preventive maintenance that don’t make good sense to me if you’re going to do preventive maintenance and still sell the cars, Mr. Mayor. Mr. Mayor: I understand, Commissioner, and I appreciate your passion for this issue. We’ve got a motion and a second. Voting on item four. Mr. M. Williams votes No. Ms. Davis and Mr. Lockett out. Motion Passes 7-1. Mr. Mayor: Item number five. Mr. Guilfoyle: Motion to approve. Mr. D. Williams: Second. Mr. Mayor: We have a motion and a second. Voting. Mr. M. Williams votes No. Ms. Davis and Mr. Lockett out. Motion Passes 7-1. Mr. Mayor: We’ll go to item number one. The Clerk: ADMINISTRATIVE SERVICES 1. Motion to approve tasking the Administrator with developing and bringing back in 60 days an evaluation tool for department directors and deputy administrators who report to the Administrator and direct reports who repost to the Commission. (Approved by Administrative Services Committee April 28, 2015) Mr. Mayor: Okay, this came from Administrative Services. The Chair recognizes the Committee Chairman. Mr. M. Williams: Mr. Mayor, this is an item that Mr. Lockett who is not here today asked this to be placed and sent forward. I’ve got no problem with the Administrator with the Department heads but direct reports that report to this body is something that we ought to be putting together. If she’s going to give us something or a tool that we can use to handle those direct I’ve got no problem with it and I can support it. I just don’t want because she’s a direct report to us and if she’s going to prepare something herself to a direct report and we don’t just use that as a guide, I’ve got no problem with it. But this is something that Commissioner Lockett had asked to be brought forth. Mr. Mayor: The Chair will entertain any motion. 12 Mr. Fennoy: Motion to approve. th Mr. Mayor: All right. The Chair recognizes the Commissioner from the 7. Mr. Frantom: (inaudible). Mr. Mayor: Okay. th Mr. Hasan: Mr. Mayor, the Commissioner from the 4 pulled it. th Mr. Mayor: Okay, all right, the Chair recognizes the Commissioner from the 4. Mr. Sias: Thank you. Mr. Mayor, I’d like to address this question to the Administrator please. Ms. Jackson, is there presently a process for the department heads? Is there presently an evaluation system already in place for them? Ms. Jackson: I understand there is an evaluation form that has been used for all department directors that report directly to the Administrator. Mr. Sias: Did you have any, again, Mr. Mayor, do you have any problem with continuing to use that or do you see that need to be rescinded or replaced? Ms. Jackson: I have not looked into it in detail. I do want to review it to see if I think it meets our needs. Mr. Sias: Okay. Mr. Mayor, my question and concern was that if we were tasking the Administrator to do something that was already in place I didn’t see the necessity that unless the Administrator would question it. Therefore I move that we approved this motion to bring back something for the direct reports as in accordance with Mr. what our Commissioner Marion th Williams just said from the 9. Mr. Mayor: Well? You’re making that in the form of a motion. The Commissioner from the first was --- Mr. Fennoy: Second. Mr. Mayor: --- second. We’ve got a motion and a second. Mr. Hasan: Mr. Mayor, I did have a question based on the motion that was just made, I’m sorry. th Mr. Mayor: The Chair recognizes the Commissioner from the 6. Mr. Hasan: Thank you, Mr. Mayor. Based on my colleague’s motion just now I know Ms. Jackson made the comment that she had not had an opportunity to evaluate the two instruments that currently being used. So do we say based on her approval or either because 13 that’s what I’m trying to see because you moved on to the two that we were governed by and so we’re talking about the two for her. Is that included in this motion? Mr. Sias: No, may I, Mr. Mayor? Mr. Mayor: Hold on. Mr. Hasan: I’m just trying to get some clarity on it to make sure we don’t, you know, just direct to the one and Commissioner Lockett was requesting for both of them. And so I’m looking at how does he evaluating or what is the how does he look at the first one in terms of the ones that she’s going to use? She said she had not had a chance to look at it just yet to evaluate to see if it’s sufficient for what she wants to do. So is that included in this motion? I know the second part of it the first part is what I’m concerned about. Mr. Mayor: The second part being those direct reports to the Commission. Mr. Hasan: To the Commission. So the first part is that she did not have an opportunity so it looked like his motion in my mind is it did not address the first part to give her the leeway to look at it and give her the opportunity that if she wanted to rebuild that instrument she’d also have the leeway to do that. So that was my concern. th Mr. Mayor: The Chair recognizes the Commissioner from the 4 with his expectation if you’ll clarify your motion. Mr. Sias: Thank you, Mr. Mayor. To clarify the motion it was not to include the evaluation from the department directors in this motion. That would then give the Administrator an opportunity to do that at her whatever pace desired. This would take care of the direct reports to the Commission. That was my motion. Mr. Hasan: So you want to split this then. Mr. Sias: Absolutely. Mr. Hasan: I’m sorry, Mr. Mayor, I’m sorry. Mr. Mayor: You know the reality of it is the motion as written is proper. It meets the need and what’s the probably the best thing to do is approve the motion as stated. That’s what I would recommend. Mr. Sias: Mr. Mayor? Mr. Mayor: Yes, sir. Mr. Sias: My motion has a second therefore it stands. th Mr. Mayor: Voting. The Chair recognizes the Commissioner from the 8. 14 Mr. Guilfoyle : Mr. Mayor, over these past three to four years some of the former colleagues as well as the colleagues that still remains on this board we have somewhat of an evaluation process in place but it doesn’t give anything as far as for performance to gauge them on. This has been discussed at the Mayor’s retreat last year with the Interim Administrator Tameka Allen. We see the need for it. If you soften it up it’ll continue because it’ll continue status quo. Right now the directors works at the will of this Commission. And the direct reports which would be the Clerk, the Attorney, the Administrator, EEO and DBE Coordinators. I see what you’re saying about leaving the motion as is because that’s the only way we’re going to get something done is put something with teeth in it to hold people accountable. And it actually, you know, we just had a little issue come up where we terminated this here would be a tool we could So my substitute motion is to approve as stated. use in the future for the better. Mr. Hasan: Second. Mr. Mayor: We have a substitute motion with a proper second. We will take action on the substitute motion. We have a substitute motion with a proper second. We’re taking action on the substitute not what you see in the audience on your screens. This is a superior motion. Mr. Sias votes No. Ms. Davis and Mr. Lockett out. Motion Passes 7-1. The Clerk: PUBLIC SERVICES 17. New Ownership Application A.N. 15-21: A request by Gurpreet Walia for a retail package Beer & Wine License to be used in connection with Pick N Pay located at 3020 Tobacco Rd. District 8. Super District 10. (No recommendation from Public Services Committee April 28, 2015) Mr. Mayor: The Chair recognizes Rob Sherman. Mr. Sherman: We have one alcohol item on the agenda. Do we have any objectors to this alcohol application? Ms. Morawski, there are no objectors. If you could state your name and address (inaudible). Mr. Walia: Hello, good afternoon. Gurpreet Walia and my address is 101 Woodhill Drive, Augusta, Georgia 30909. Mr. Sherman: The Sheriff’s Department and Planning and Development recommend that this be approved. Mr. M. Williams: So moved. Mr. Guilfoyle: Second. 15 Mr. Mayor: A motion and a second. Voting. Hold that the Chair recognizes the th Commissioner from the 4. Mr. Sias: Thank you, Mr. Mayor. This is not an objection, this is a compliment. That particular store has been in cooperation with the neighborhood association in the area for years. They have maintained there was some contingency agreements or conditions that went with this particular application at that site. And I want to compliment the present owner and the new respected owner has said that he will continue that. So that is a success story of businesses in the neighborhood associations and communities working together. Thank you, Mr. Mayor. Thank you. Mr. Mayor: Thank you. Voting. Ms. Davis and Mr. Lockett out. Motion Passes 8-0. The Clerk: Item 18? Mr. Mayor: Madam Clerk, before you go there, let’s go to item 21. The Clerk: PUBLIC SERVICES 21. Ordinance to Amend Augusta Code Title Seven Chapter Four Article Four Section 7-4- 28 relating to the Requirement of Conformance with Certificate of Appropriateness; to repeal all Code Sections and Ordinances and parts of Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (No recommendation from Public Services Committee April 28, 2015) th Mr. Mayor: The Chair recognizes the Commissioner from the 7, the newly elected Commissioner. Mr. Frantom: Thank you, Mr. Mayor. I’d like to make a motion to send this agenda item back to committee for further discussion. Mr. Hasan: Second. Mr. Mayor: We have a motion and a second to send back to committee for further discussion. Voting. While we’re voting, Mr. Montgomery and the members of the HPC fine citizens of Augusta, this matter is important to all of us and we do believe as the Commissioner th from the 7 indicated it needs further discussion. Ms. Davis and Mr. Lockett out. Motion Passes 8-0. 16 Mr. Mayor: Thank you. All right, Madam Clerk. The Clerk: PUBLIC SERVICES 18. Motion to approve reverting back to the hours of operations that were in effect before September relative to restaurants meeting 50% food sales, at the request from Alter Ego’z Sports Bar and Grill regarding the Ordinance amending Augusta, Georgia Code Title 6, Chapter 2, Article 1, Alcoholic Beverages, Section 6-2-1 through 6-2-145. (Approved by Public Services Committee April 14, 2015) (No action taken in Commission meeting April 21, 2015) (Requested by Commissioner M. Williams) Mr. M. Williams: So moved. Mr. Hasan: Second. Mr. Mayor: We’ve got a motion and a second. Voting. Mr. Frantom and Mr. Guilfoyle vote No. Ms. Davis and Mr. Lockett out. Motion Passes 6-2. The Clerk: PUBLIC SERVICES 20. Discussion: A request by Catherine Koons for a Fortune Tellers license to be used in connection “Catherine” located at 1562 Doug Barnard Pkwy. District 1. Super District 9. (No recommendation from Public Services Committee April 28, 2015) Mr. Mayor: The Chair recognizes Rob Sherman and Ms. Catherine Koons. Ms. Koons: Okay, my name is Catherine Elizabeth Koons. I live at 4702 Perry Mill Circle, Grovetown, Georgia. Mr. Sherman: Ms. Koons’ business will be located at Rhodes Flea Market on Doug Barnard Parkway. The Sheriff’s Department and Planning and Development recommend that it be approved. Mr. M. Williams: So moved. Mr. D. Williams: Second. Ms. Davis and Mr. Lockett out. Motion Passes 8-0. The Clerk: 17 PUBLIC SERVICES 22. Update on the status of the Municipal Building completion regarding the Heery contract. (Requested by Commissioner M. Williams) th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. I just need to know where we are. That contract was supposed to have ended I believe. I’m trying to figure out are we up against the wall, do we have to do what. Where are we now, Madam Administrator? th Ms. Jackson: Yes, their contract did end on April 30. I have been in negotiations with Heery’s management to enter into a 30-day agreement for them to provide part time as needed Project Management Services to complete that. Our Law Department has drafted an agreement which is still under review by Heery’s Legal Department Counsel and we hope to have that signed as soon as we get that returned from Heery. And again that would just be 30 days to take us through the end of May. At that point we believe all relevant tasks will be completed. Any tasks that have not been completed at that point will be handled by our Facilities Management Department. Mr. M. Williams: Thank you, Mr. Mayor. Madam Administrator, shouldn’t we have been informed of that which you just stated so we could have said up or down, right or left? Ms. Jackson: Two things, I did inform you by means of the Administrator’s Advisory a couple of weeks ago. It was noted in there that that was the plan to move forward. Because this is on a part time service it will be on part time basis it does not exceed my spending authority. I can do it under the authority that I have the contract which has come in under $25,000 to be exact. Mr. M. Williams: Authority, yes, ma’am, I agree but my question was information I guess inform. This is something that’s been ongoing. And this is no knock on you but this has been an ongoing situation for quite some time. And I didn’t want to as a Commissioner get up against the wall with a 30 day or 60 day or 90 day something that we didn’t have anything ready for. Knowing that not just this one but any of the contracts that’s coming to their completion before they get there I think this body ought to be able to say well this is the direction that we’re going in. And the 30 days I’ve got no problem with. And like you said it’s a part time within the guidelines or the budget that you have that you authorize. I’ve got no problem with that but the information as an elected official I would have loved to have known what we was going to do and how it’s going to process. But no problem, better late than never. Ms. Jackson: And that’s why I did provide written notice. I knew that was a matter that would be of concern to the board so we provided written notice along those lines. th Mr. Mayor: I recognize the Commissioner from the 6. 18 Mr. Sias: Yes, sir. Mr. Mayor I’d like to ask the Administrator a question if you don’t mind please, sir. Ms. Administrator, you said about a 30 day contract. In that 30 days has that you’re trying to get signed and approved by the Attorney, has the scope of work been identified in terms of what they’re doing for the next 30 days? Ms. Jackson: Yes, it’s basically related to the closeout accounting tasks as well as the moving of the remaining departments, completing the move of the IT Department into the new IT building. Installation of furniture, fixtures and equipment and the actual move. They’re overseeing that as well. The Planning Department has to be moved into this building and all of the closeout accounting related functions related to pay applications and also final completion of all punch list items. Mr. Hasan: Okay. Ms. Jackson: A partial list has been done by the architect to be reviewed by our representatives and Heery is to oversee the punch list. th, Mr. Hasan: So is this 30 days I heard you mention, May 30 is that 30 days from them th signing the contract or that’s 30 days period. So in other words we’re on May 5 now. th Ms. Jackson: 30 days from April 30. thth Mr. Hasan: From April 30. Okay, one way or the other May 30 is going to be the cutoff date for this. Ms. Jackson: That should be the cutoff indicated. Our Facilities Management Department is geared up to handle anything remaining at that time. Mr. Hasan: Thank you, ma’am. th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor, a follow up question. Ms. Jackson, I guess what I hearing is that everything is satisfactory I guess. Everything is in order that has been done that there is no, you talked about the 30 days to finish up on some stuff like the moving and stuff but as far as this construction and everything else been done we don’t have a construction attorney or someone to say A, B and C has been done right. I mean there’s some things I totally disagree with but I disagree with everything so don’t be shocked with that. Just know that I understand that the process has been done and the way it was done was kind of off center. I’m going to leave it like that. But even in the back of this building back here with the restroom areas with the storage space behind us there’s some things that still have not been completed. There’s still tape on doors that you can’t walk into because of the lock you can’t get out of them. There’s some things, I don’t want to put them out there but there is some things that I observed myself and just hearing from you that within the next 30 days I think all of that will be taken care of. 19 Ms. Jackson: All of those items should be on the punch list that is now being completed. For everybody’s comfort we’ll make sure that we have a high level review of every punch list item and make sure that those things are indeed addressed. I certainly agree with you that I think this part of it could’ve been done differently but at this point we have to ride with what we have. You know as I’ve said many times the tracks have been laid and the train was out of the station so we’ve just got to ride with what we have. Mr. M. Williams: I agree. Mr. Hasan: He prefers the horses already out of the barn. Mr. Mayor: All right, thank you for the update. Mr. Sias: Move to accept this as information. Mr. Guilfoyle: Second. Ms. Davis and Mr. Lockett out. Motion Passes 8-0. The Clerk: ADMINISTRATIVE SERVICES 23. Reinstate the EEO Director. (Requested by Commissioner M. Williams Mr. Mayor: The Chair recognizes Commissioner Williams. Mr. M. Williams: Thank you, Mr. Mayor. We’ve been told some untruths. Unless there’s been a, from my classes that I took and the Law Department said that unless we’ve been notified of a law suit that anything is possible. But since we have not been as of yet at least no one has informed me of that. And we can discuss any amount of this we want to. My motion is to reinstate hopefully to save us some money down the line and get a person back in office that was doing in my opinion a good job. So my motion is to approve. Mr. Mayor: That motion fails. Failure to receive a proper second. Mr. M. Williams: Personal privilege, Mr. Mayor. Mr. Mayor: You are recognized for that. Mr. M. Williams: Thank you. I’m not going to have the Clerk put it back on today but I don’t know what I’m going to do tomorrow, Nancy. Now it’s been talked about that how many times can we put it on so I’ll call you if I decide to put it on again for a later date. But I’m not going give them the pleasure of knowing which way I’m going right now so let them guess on that one. 20 The Clerk: ADMINISTRATIVE SERVICES 24. Discussion regarding the number of times that an agenda item that has failed can be placed back on the agenda and task the Administrator and the Law Department to develop a procedure/ordinance/rule to handle such situations. (Requested by Commissioner Fennoy) st Mr. Mayor: The Chair recognizes the Commissioner from the 1 Commissioner Fennoy. Mr. Fennoy: Yes, I guess the reason I had this placed on the agenda is that I’m not aware of an existing policy that addresses this issue. And if one does exist and I would like to know what it is. And if one doesn’t exist then I would like for my colleagues to have some discussion around this issue and to task the Administrator and the Law Department that would come with a policy that addresses this issue. To me you know it doesn’t make sense to keep putting stuff on the agenda that’s already failed. Maybe that needs to be a timeline before it comes back. Maybe there needs to be some conversation around once it’s failed whether the people that supported it could bring it back or the people that did not support it could bring it back or maybe there needs to be a number of times that it could be brought back. But if there’s nothing in place I think that it’s only fair to this Commission that we put something in place and bring it to the full Commission for approval. Mr. Mayor: I couldn’t agree with you more. The Chair recognizes the Commissioner th from the 9. Mr. M. Williams: Thank you, Mr. Mayor. I don’t like tennis because I don’t understand the rules of tennis. I don’t, I can’t run that fast I can’t get in a position to be in place to do what people who play tennis do. But these guidelines are here. I’ve been an elected official even the point of voting or abstaining that’s a part of the process and they don’t just do it here in the local government but the state and the federal. The rules say that an elected official you can’t bind an elected official I guess because I could phrase a question a hundred different ways and still bring the same question back. But you can’t silence an elected official who represents the people that he represents. Even the employees are taxpayers and they got a right to the same representation and the same Commission that everybody else has. You cannot bind a Commissioner because you don’t like the subject or you think the subject has been addressed enough. Now we pledge allegiance to the flag every week hopefully we pray every day but we sure pray every week. And I don’t hear nobody saying that, you know, we don’t have to pray on the roster. I mean we ought to do it every day. But my point is that you can’t because you don’t understand the rules of you don’t like what the item is you don’t support it by not getting a second or voting it down. But you can’t limit or tell me because if you tell me when I put it on you can tell me what I can put on. And then from there you’re going to tell me when I can come and when I can’t come. If you want to work this job you need to do like I did and half of this community voted to send me back down here so I’m doing what I’m elected to do. And if you check the state legislative rules I think you’ll find that you cannot bind a Commissioner because you don’t like the agenda item that’s put on the agenda. 21 Mr. Mayor: Well, I appreciate that but having sat in the state legislature for eight years if a matter has been brought before the committee and it fails, it dies. The exception being that if you okayed a vehicle you might be able to attach it to another piece of legislation but the rules are again being from a legislative standpoint and you have duly noted it Commissioner that the rules that we have before us in the local government and this Commission probably should be reviewed and updated because there is no mechanism whereby which an item if it fails in committee it should not in fact move forward. It should die but that’s not happens. And you’re very accurate in your assessment of that. And so I would encourage the Commissioners to give thoughtful consideration to let’s revisit the rules and update them. The Chair recognizes the th Commissioner from the 8. Mr. Guilfoyle: You know I’m sitting here listening and I understand the reason why Commissioner Fennoy put this on. And I understand why Commissioner Williams continues to put things on. But it falls down to respecting time. Time is something that a lot of us don’t have to sit down here to discuss the same thing over and over and over. That’s where it gets bothersome because we get to a point where we get exhausted. And it’s no different than each and every one of us that would continue to put something on an agenda item we would never get out of this building. And I have no desire to be a full time or spend my entire day down here. A lot of discussion could be happening, could happen before we even get to this floor to get things resolved. Mr. Mayor: I appreciate that, Commissioner. A lot of passion in the room about this matter. Again I would encourage that we revisit the rules and we actually update them to reflect how committee meetings should be handled and how matters should move forward. The Chair th recognizes the Commissioner from the 6. Mr. Hasan: Thank you, Mr. Mayor. To my colleagues, Mr. Mayor, I think those opposing positions are both right at the same time because Commissioner Williams definitely has the right to put it back on the agenda whether we like it or not at this point because it hasn’t been voted up or down. So it’s still out there so he can do that. Now once we make a decision on it then it becomes a different matter. So I do think we need to probably construct something in the future in terms of where we just historically do that or put a timeline on it. But I’m not just quite sure whether the Administrator will be involved in that process as much as the Commissioners come to a decision and then allow our Law Department to craft an ordinance that we put in place. I think that’d be a challenge to put her in the middle of something that we want to legislate. I think that’d be a challenge that would be my opinion for discussion for the Commission to have at the end of the day and let our Attorney craft it after we decide exactly what we think is appropriate at the end of the day. So I’m not opposed to either one of them but at this point Commissioner Williams has as much leeway as he sees fit because we have not voted up or down one way or the other. Mr. Mayor: Okay, that’s real good. I would also offer that you probably don’t want to make this an ordinance. I know it’s an ordinance today but again these are just this is a document that quite frankly shouldn’t be an ordinance rather it should be just a guiding document a principle as opposed to having codified it which has the effect of local law which has 22 the effect of being a misdemeanor if you violate it if I’m correct. It’s better handled again as a th Commission guide rulebook. The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Mr. Mayor, I’m listening to my colleagues and you know when you run for this office you know they say it’s a part time but that’s the first lie they told us when they say the part time because it’s nothing part about it. I mean this is all or nothing. But the other part is to make a Charter change you can’t make a Charter change just because the Attorney feels like or some Commissioner feels like. Now we can do an in house rule or we can go back to the legislature but this ain’t Marion Williams rule, this is nothing I decided. I just learned what I had to deal with when I got here. And so I mean I like it but I’m going by what the rules say just like you said it’s a rule and I understand that. But whether you agree or disagree you got to go by what you’ve got to work with and this is what we’ve got to work with. Now if we want to go to the state legislature and get them to craft something and change it I mean that’s another option. I’ve been sued in this government for not voting and I have a right not to vote because that’s one of the rules, that’s a part of the government. Folks don’t like that but that’s a part of it. Mr. Mayor: All right, Commissioner, I appreciate that. This has nothing to do with the Charter this is again local ordinance from this standpoint. All right so the Chair’s going to nd recognize the Commissioner from the 2 and I know in his wisdom he’s going to move us on and receive as information. Mr. D. Williams: Mr. Mayor, I was thinking about the rule. If a Commissioner would like to bring something up on the agenda several times he should be, he or she should be required to provide some type of updated information or a new position or some new material about the subject matter so it won’t seem to be a waste. th Mr. Mayor: All right, the Chair recognizes the Commissioner from the 4. Mr. Sias: Due to the lack of progress on this issue at this time, Mr. Mayor, I move that we accept this as information. Mr. D. Williams: Second. st Mr. Mayor: The Chair recognizes the Commissioner from the 1. Mr. Fennoy: I’ll wait until after the vote. Mr. Mayor: Okay. Mr. M. Williams votes No. Ms. Davis and Mr. Lockett out. Motion Passes 7-1. st Mr. Mayor: All right the Chair recognizes the Commissioner from the 1. Mr. Fennoy: Mr. Mayor, I’d like to get the Clerk to put this on the next agenda. 23 Mr. Mayor: Full Commission agenda? Mr. Fennoy: Yes, sir. Mr. Mayor: Okay. The Clerk: ADMINISTRATIVE SERVICES 25. Presentation by Mr. William T. Bass regarding the repeal and removal of a recorded Resolution that was never presented or voted on by the County Commission involving the sale of property at 819 Camellia Road. (No recommendation from Administrative Services Committee April 28, 2015) Mr. Mayor: All right, the Chair is going to recognize, is this Mr. Bass? Mr. Bass, if you’ll come on to this end down here I think, yeah, if you’ll come on this end. All right, since our last committee presentation is there any new information that we’re receiving on today? Mr. Plunkett: Mr. Mayor, since last week when Mr. Bass was here he made a proposal that may involve moving the easement. Since that time I was able to meet with the surveyor and the Planning Director. On late Sunday, Monday morning I received an email from Engineering raising some issues about the easement in general and I would like the ability to meet with the Engineering Department and the Planning Department about this issue about maybe moving the easement to resolve some of Dr. Bass’ issues. I hope I can do that in the next several days but we did start meeting subsequent to this Dr. Bass’ presentation at that point in time. So if the body would indulge us, you know, a few days to meet and see if we can make a proposal that would be most appreciated. Mr. Mayor: You’d like to have us receive this as information? Mr. Plunkett: I think that would be appropriate. th Mr. Mayor: The Chair recognizes the Commissioner from the 8. Mr. Guilfoyle: Thank you, Mr. Mayor. I understand where the attorney’s coming from but we also been having in house waiting for the adjoining property owner as well as Don Grantham that’s been here that had pertinent information. But we have to be in consideration of this one piece of property. If we close off access to that lake that easement, how are we going to dredge it? Mr. Plunkett: The proposal is not involving eliminating the easement; it was a relocation of the easement. We certainly would consult if it’s the will of the body with the adjoining property owners to make sure there’s no negative impact on them as well. This isn’t to say that the recommendation is to remove the easement. We’re in the process of talking to various departments that have interest in it to make sure that if that’s the proposal or not and a 24 recommendation of this body or not. I just happened to have a chance to fully discuss it with the appropriate departments and maybe they’ll say not to move the easement. So that’s the recommendation I just need a little bit of time to get in touch with everyone. th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Dr. Bass, are you in agreement with waiting? Are you in agreement with waiting to give Mr. Plunkett the time to? Dr. Bass: I did tell Mr. Plunkett that I’ll be more than happy to consider putting the easement there even if this resolution is squashed that I’m asking it to be because I don’t believe it’s valid. We did talk about an easement and I don’t have a problem with giving ya’ll an easement but I do, I don’t appreciate being told it’s here without ever talking to me about it. It was never mentioned where it’s going to be, it’s just going to be and I believe I can show you that this resolution is totally invalid. Even if I do convince you of that I’m still willing to talk to Mr. Plunkett about giving you all access to the lake. But I would like an opportunity to show you why I think this entire resolution is just not enforceable. th Mr. Mayor: The Chair recognizes the Commissioner from the 4. Mr. Sias: Thank you, Mr. Mayor. One thing I want to say for this issue if we grant the additional time for Mr. Plunkett to take the easement issue I also want to insure that when we bring when this comes back up again we will be able to address all the issues including Mr. Bass’ contingent about the validity of the resolution or whatever. But we shouldn’t have to come back and forth with this over and over. So whatever departments that are involved in this if the Law Department needs to be involved in this resolution question, Mr. Mayor, I move that we task all parties that represent the issues here to have an answer ready for us. We’re giving Mr. Plunkett the additional time to bring this back. st Mr. Mayor: The Chair recognizes the Commissioner from the 1. Mr. Fennoy: Yes, Mr. Plunkett, will you be in a position to bring back us a proposed remedy to this problem by the committee meeting next Tuesday? Mr. Plunkett: Quite honestly, no, sir, I had some surgery last week and I have a doctor’s appointment next Tuesday. Mr. Fennoy: Okay. Mr. Plunkett: I certainly could do it by the following committee meeting that would be possible. Not committee (inaudible) I certainly could have livable solution. Mr. Fennoy: So you’re talking about three weeks? Mr. Plunkett: Yes, sir, just because of my inability for next Tuesday. 25 Mr. Fennoy: Okay and Dr. Bass are you okay with that? Mr. Bass: I’m not sure what the, what I’m --- Mr. Fennoy: Okay, what we’re saying is that we want you and Mr. Plunkett and all parties to get together and to come up with a possible remedy for to resolve this situation. And you’re saying this could be done, something could be brought back to us within three weeks. Dr. Bass: I’m afraid I can’t agree to that. The reason I’m here today is because I’ve been negotiating with the Law Department since the beginning of 2014. We have made no progress on this issue whatsoever. My position is the resolution is completely invalid, their position is it’s valid and by golly you’re going to be held to it. The only way I can win this battle is for you to listen to my position, listen to their position, and either agree with them or agree with me and override their position. But we, Mr. Plunkett and I have been trying to get this done for over a year and we’re not making any headway. And the only people who can resolve this is the county commission. You’ve got to hear, in other words ya’ll don’t know what happened. Once you find out what happened I believe you will realize a mistake had been made. And I was asking today to be able to present my evidence. Mr. Mayor: All right, here’s our posture. The Chair’s going to recognize the st Commissioner from the 1 for a motion. Mr. Fennoy: A motion to refer it back to committee. Mr. M. Williams: I’m going to second it. Mr. Mayor: We have a motion and a second to refer this item back to committee. The th Attorney has asked for additional time. The Chair recognizes the Commissioner from the 8. Mr. Guilfoyle: Mr. Mayor, I believe Sammy already had a motion and a second. Mr. Mayor: He didn’t get a second. Mr. Guilfoyle: He didn’t get a second? Mr. Mayor: That’s right. Mr. Guilfoyle: How about I do a substitute motion to receive as information? th Mr. Mayor: I like that as well. The Chair recognizes the Commissioner from the 6. Mr. Hasan: Mr. Mayor, I was just going to reinforce. I normally don’t like to do this and be redundant but I think what Commissioner Sias made mention of is what’s important to this process needs to be reinforced in terms of bringing all parties involved to resolve this. But I did hear Mr. Plunkett say he needed about a total of next three weeks, about three weeks. But I would like us to consider having Dr. Bass to come back if not today but the next committee cycle 26 to make his presentation to the body about what his position is. Because what he is saying at this point that his position needs to be heard and he doesn’t feel that one way of the other is going to give him the benefit of the doubt in a smoke filled room per se for lack of a better term. I hope that’s not disrespectful to anybody. That doesn’t mean we’re necessarily hearing for us to agree with him but he do think he can best represent his own position. He thinks that this body is his best advocate to hear that and make a decision about his position at the end of the day. So he’s requesting that we hear him. So if we’re not prepared to hear him today, we at least ought to hear from whether this to be for information until the parties get back together because he wants to be heard about what his concerns are at the end of the day. And I think we just ought to hear him whether we go with him or not. Mr. Mayor: Well again, I’m certainly prepared to do just that. If ya’ll don’t want to do that today than I’m quite able to do that. All right, so here’s our posture. I understand that we want to hear your presentation and I think we’ve got some other petitioners who are here to speak on this matter as well. Here’s what we’ll do first. We’ll hear your presentation and then we’ll hear, we’ve got some others who are here who want to speak on this matter. We’ll give you five minutes. Dr. Bass: Okay. I want to thank the Commission for allowing me to present my complaint regarding this resolution that I believe is invalid. I was asked in the committee meeting last week if litigation is involved. The answer is no. I am here today to ask the county commission to administratively correct this error in order to avoid litigation. First let me give you some background. I bought a surplus parcel from the city in 2006. The resolution in question was never presented to me until two months after the closing. It wasn’t until May of 2012 that I learned what the resolution actually said. When I received a threatening letter from Mr. Patty saying the city would nullify the sale unless I did as he said. I had to hire an attorney to respond and we denied each and every allegation Mr. Patty made. Mr. Patty never responded to our letter and we assumed the matter had been settled. I learned in late 2013 that the city still had the same position when I attempted to sell my property. I have been negotiating with the county attorney since the first of 2014 to resolve this matter but they refused to consider, reconsider, excuse me, they refused to reconsider even in the face of indisputable evidence showing the resolution was and is invalid. The resolution is in violation of the city code at least nine different times, of nine different sections, excuse me. It also violates the city’s policy for surplus property disposition and Robert’s Rule of Order. I have submitted and you should have my full statement in the handout and all the evidence that supports my position. I’d like to briefly summarize but before I do I’d like you to pull out number 9 and 10 in my handout. Number 9 is the resolution, number 10 is a list of violations of the city code. The city code and this resolution cannot coexist because whatever is stated in the city code that something shall be done there is absolutely no wiggle room. It shall be done exactly as stated or it’s in violation of the code. May I point out that there are several penalties in the code for these violations. The city’s code is based on Robert’s Rules of Order and when these rules are not followed you have chaos and an individual can lose their constitutional rights and freedoms. One last point a resolution must be formatted properly in order to be valid. This document is not. There are three parts to a resolution. You have the title, you have the whereas statements and finally the resolved statement. As you can see in that resolution there is no resolved statement. The so called resolution merely states now therefore in consideration of the above recitals Augusta and 27 adjacent landowners will enter an agreement. To qualify as a resolution it should’ve read now therefore it is hereby resolved. This document isn’t even a valid agreement. For an agreement to be valid it must be signed by all parties involved. As you can see it was not. What this document represents is an unenforceable unilateral agreement that cannot stand. Because of this evidence I am asking the Commission to instruct the county Attorney to remove, repeal, or void the unjust resolution on file in the courthouse. And that concludes my statement. th Mr. Mayor: The Chair recognizes the Commissioner from the 6. Mr. Hasan: Yes, sir, Mr. Mayor, I’d like to ask Dr. Bass a question if you don’t mind. Mr. Mayor: Certainly. Mr. Hasan: Dr. Bass, I’m sure you may have it in here somewhere but what date and what year did you purchase this property? Dr. Bass: 2006. Mr. Hasan: What month, I’m sorry. Dr. Bass: September. th Mr. Hasan: September. Is that September the 5? Dr. Bass: No, that was the date of the county commission meeting. Mr. Hasan: Okay. Dr. Bass: I purchased it on 9/21. Mr. Hasan: 9/21. Okay, okay so at what point in time does Exhibit B you have here, th what was your first time that you saw this? Exhibit B that has September the 5 on it as a resolution to authorize the sale of 819 Camellia Road to William T. Bass, Lane P. Garrett -- Dr. Bass: That’s the resolution. Mr. Hasan: Exactly. Dr. Bass: Okay, it was never shown to me at the closing and it was not given to me until two months after the closing when it arrived with the recorded deed and plat and all of that. As a matter of fact I frankly just put it in the safety deposit box and never even knew it was in there to tell you the truth until 2012 when I got a very threatening letter from Mr. Patty. th Mr. Hasan: So were you at this commission meeting in September the 5 in 2006? Dr. Bass: Yes, I was and there was no resolution --- 28 Mr. Hasan: So the resolution was not in the agenda book because it was not made mention on the agenda you’re saying? Dr. Bass: --- that’s part of, in my outline. Here’s what we violated. The resolution was never presented to the commission in writing, it was never introduced as a motion, it was never seconded. There was no discussion of a resolution. It was never voted on. The resolution is not in the minutes. The Clerk of Commission does not have no record of a resolution ever existing. Mr. Hasan: Okay, this is my final question, Mr. Mayor. Dr. Bass, in a perfect world from where you sit right now what would you like to what abandon the purchase or what would you hope would come out of this? Dr. Bass: No, I would like the purchase to be done properly. There’s another issue that I’ve been talking to the county. I was given an inaccurate deed and plat on top of all this. Mr. Hasan: Okay, Mr. Mayor, I’m going to go ahead and, my point well I just want to reinforce what I agree with Commissioner Sias’ position because I heard Attorney Plunkett standing before us a few minutes ago and this may be one of the many problems. He spoke to us only about an easement and we can see there are I mean there are numerous issues here that an easement in and of itself would not resolve this. And so that’s why I say in terms of in the long haul I agree with Commissioner Sias in terms of it’s going to take, it’s going to take quite a bit of interest and try to get down to the nitty gritty. And I think we may have the result of some of the other opposing views in terms to get a resolution on this and that may not happen today. Thank you, Mr. Mayor. th Mr. Mayor: Thank you. The Chair recognizes the Commissioner from the 4 Commissioner Sias. Mr. Sias: Thank you, Mr. Mayor. I just have one quick question for Dr. Bass. Dr. Bass, I haven’t been up here as long as some of my colleagues but the one thing I will believe is most of the time when we do something particularly like make a sale of a property it ended up coming out through a resolution sometimes towards the end. Normally you have the motion and stuff and all that that there’s as far as the sale of this property. But I would, this is just a question I have. If we invalidate the resolution, do you believe that that would invalidate the entire sale? Dr. Bass: No. Mr. Sias: I didn’t see any documents that were presented from in your packet or maybe I missed it about the deeds and the other stuff like that. But I’m concerned and I’m not a lawyer but I’m just concerned that invalidating the resolution may in turn invalidate the entire deal. That’s just a concern I have but like I say I’m not an attorney. Dr. Bass: If that’s true I would have that concern myself, however, I believe a remedy for this situation as opposed to whatever that word rescission or whatever it is, is reformation. 29 I’m only asking that the sale be conducted properly. It was not conducted properly and I’m just asking for fairness and that’s all I’m asking for. Mr. Sias: Thank you, Mr. Mayor. Mr. Mayor: Is that a hand up down there? Mr. Guilfoyle: It is. I’m playing catch up on the reading on this. st Mr. Mayor: All right, I’m going to recognize the Commissioner from the 1 then. Mr. Fennoy: Yes, is there a motion on the floor? Mr. Mayor: Not yet, well, there is a motion that when we got a second but it was a desire to have additional discussion. All right, here’s what I’m going to do now. The Chair is going to recognize the DOT Commissioner former Commissioner Don Grantham to speak on this matter. Hold on just a moment Commissioner. All right, thank you, Commissioner. Mr. Grantham: Thank you, Mr. Mayor and Commissioners. This is the first time I’ve been in these chambers and let me tell you, you guys should feel mighty proud to be able to sit in a place like Marion and I did quite a few years and not know the people out in the audience until they got up to speak. Let me say that this is an issue that I think needs to go back to the tales of Paul Harvey. I’m going to give you page two and then the rest of the story. Dr. Bass lived across the lake from me and he had been a very good neighbor, a good friend. We were companions in the Golf Association but Dr. Bass started asking me back, oh I’d say before 2000 could I please get the city to sell him that peninsula. I was sitting on the Commission and he wanted to know if he could buy that peninsula there. And I said, well, I don’t know. I haven’t talked to them but there’s a possibility because we’re trying to sell surplus property. Well, with that being said it was almost an area event that him and I attended that that question was raised to me. Can I get the city to sell him the property. I eventually, eventually convinced the Attorney and the people that we may want to sell this property and in doing so and I’m not positive but Mr. Williams may have not been at a meeting that day but a figure was thrown out as to what Dr. Bass wanted to pay for it and it came back later that’s not enough money, we need to do something else. So we did obtain an appraiser to go and look at the property and it came back with a value of $12,500 dollars. In addition to that an adjoining neighbor who is Dr. Penn who is deceased an no longer there but was Mr. Garrett’s father-in-law was right adjacent to the same property that the city owned. So it was noted that the two of them would be in a position to buy this piece of property and then split it as long as they both maintained the easement that was granted or that was originally there for the city to have access to Lake Aumond. In addition to that Dr. Bass said I want to beautify that point which he has done. He did a very nice job of it. He’s planted some trees there, he planted bushes and he got the approval. All of that being said, once Dr. Bass decided to sell his house he would not sell this piece of property along with his house that he had been living in for a number of years. He wanted to maintain this strip of property in hopes of obtaining a building permit to build him a house on it. So his intention when he purchased that lot was never to maintain beautifications or anything else of that nature but down the road as he matured in years to build him another house on that 40 foot strip of land. 30 So I’ll close because I want to make one final statement. It so states in this resolution and I was sitting there on the chamber when this happened that the property, such property is unique as it is only originally 70 feet wide which was to be dissected on Camellia Road and the widest point as such and property does not meet Augusta’s requirements for a buildable lot. In addition to that one of the items Augusta will retain an easement across and through the property for ingress and egress to other property of Augusta included but not limited to Lake Aumond. So my intentions was always good. I lived up to my commitment to Dr. Bass and personally I don’t think he’s living up to his to me. So I want to thank ya’ll for that. I want to thank you for looking into it. And I would like for the attorney to have the time and the deliberation that he needs and any type of information that I can provide to your attorney or to you I’ll be happy to do so. Thank you, Mr. Mayor. Mr. Mayor: Thank you. All right, so here’s our posture. Mr. Bass --- Mr. Bass: Yes, sir, I would love to respond. Mr. Mayor: --- Mr. Bass, you’ve not been given the floor. Mr. Bass: Oh, I’m sorry. Mr. Mayor: You’ve not been given the floor, thank you. All right, here’s our posture. We have a motion and a second that has been before us. Much of what we’ve heard is matters that should be dealt with in Legal. We find ourselves in a posture right now that much of what has been said should’ve been handled in Legal. What I’d like to see happen is the motion that was on the floor before us, thank you so much Commissioner Grantham, which was to refer back to committee. We have a second for that that will allow Attorney Plunkett the appropriate time to do what’s necessary and then at that time come back to us. That’s our posture. We have a motion to refer back to committee and we have a second. I’d like for us to vote on that. Mr. Guilfoyle votes No. Ms. Davis and Mr. Lockett out. Motion Passes 7-1. Mr. Mayor: All right, well --- Mr. Hasan: Mr. Mayor, (inaudible) last one. Mr. Mayor: --- we do. We have one more. We have a in the words of my good friend Casey Cagle, we have a late arriving addition to the agenda. ADDENDUM 30. Reappoint Charles Paschal to the Board of Zoning Appeals. (Requested by Commissioner Ben Hasan) 31 The Clerk: Yes, sir. We have a request from Commissioner Hasan. He is requesting to reappoint Mr. Charles Paschal to the Board of Zoning Appeals and that will be representing District 6. Mr. Frantom: So moved. Mr. Sias: Second. Ms. Davis and Mr. Lockett out. Motion Passes 8-0. Mr. Mayor: All right is there a motion to continue business or is there a motion to adjourn? This meeting is hereby adjourned if there is no further business. [MEETING ADJOURNED] Nancy W. Morawski Deputy Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of The Augusta Richmond County Commission held on March 5, 2015. ______________________________ Clerk of Commission 32 33