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HomeMy WebLinkAboutCalled Commission Meeting August 11, 2015 CALLED MEETING COMMISSION CHAMBER August 11, 2015 Augusta Richmond County Commission convened at 12:00 Noon, Tuesday, August 11, 2015, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Sias, Frantom, M. Williams, Fennoy, D. Williams, Hasan, Davis and Smith, members of Augusta Richmond County Commission. Mr. Mayor: We’re going to convene our meeting. The Chair will entertain -- 1.LEGAL MEETING A.Pending and potential litigation B.Real estate C.Personnel Mr. MacKenzie: I would entertain a motion to go into a closed legal meeting to discuss pending and potential litigation, real estate and personnel. Mr. Lockett: So move. Mr. Sias: Second. Mr. Mayor: So before we do, as we move forward, from this point on, Attorney MacKenzie, Madam Clerk, we want to refer to these as executive sessions per statute. Okay? And we’ll make whatever changes or adjustments from a public notice standpoint as well. We’re entering into executive session. Commissioners. Voting. Ms. Davis, Mr. Frantom and Mr. M. Williams out. Motion carries 7-0. Mr. Mayor: All right. [EXECUTIVE SESSION] Mr. Mayor: All right, we’ll call this meeting back to order. The Chair recognizes Attorney MacKenzie. 2.Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. MacKenzie: I would entertain a motion to execute the closed meeting affidavit. Mr. Lockett: So move. Mr. Fennoy: Second. 1 Mr. Mayor: Voting. Motion carries 10-0. Mr. MacKenzie: I would entertain a motion to approve an Intergovernmental Agreement between Augusta, Georgia and the State Properties Commission with respect to 4,141 square feet of rentable space located at 3423 Mike Padgett Highway. Mr. Lockett: Move to approve. Mr. Fennoy: Second. Mr. Mayor: Motion and a second. Any further discussion? All those in favor vote yea and those opposed vote nay. Mr. Mayor: Attorney MacKenzie. Commissioner Davis, we’re waiting on you. Ms. Davis: My button’s not working. Mr. Mayor: It’s not working? Okay, thank you. Motion carries 10-0. Mr. MacKenzie: I would entertain a motion to approve the Subordination Agreement between Augusta, Georgia and Majestic Home Loans on behalf of Jessica Walters of 1109 Chambers Drive, Hephzibah, Georgia in the amount of $5,000. Mr. Lockett: Move to approve. Mr. M. Williams: Second. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Mr. Chair, oh, I’m sorry, excuse me. Motion carries 10-0. Mr. Mayor: Attorney MacKenzie. Mr. MacKenzie: I would entertain a motion to approve an additional Subordination Agreement between Augusta, Georgia and Majestic Home Loans on behalf of Jessica Walters of 1109 Chambers Drive, Hephzibah, Georgia in the amount of $2,500. Mr. Fennoy: So move. 2 Mr. Lockett: Second. Motion carries 10-0. th Mr. Mayor: The Chair recognizes the commissioner from the 5, Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chair. Move to approve the transfer and sale of surplus City-owned property located at 2835 Central Avenue for sale to a potential buyer and authorize the Mayor and Clerk to execute closing documents under the direction of Augusta Law Department. Mr. Mayor: I’ve got a motion. I’m waiting on a second. Mr. Fennoy: Second. th Mr. Mayor: The Chair recognizes the commissioner from the 9, Commissioner Williams. Mr. M. Williams: Thank you, Mr. Mayor. My question would be, I guess, still to the attorney, can we direct a sale since it is city surplus property, can we do that or do we have to advertise that property? Mr. Mayor: The Chair recognizes Attorney MacKenzie. Mr. MacKenzie: I’m glad you brought that point up. This is just to clarify, this is actually a transfer to the Land Bank. It is not a sale of property and if the maker of the motion would like to amend it to reflect that, that would address that issue. th Mr. Mayor: The Chair recognizes the commissioner from the 5 to amend his motion. Mr. Lockett: No, sir, I don’t care to amend my motion. Mr. Fennoy: I’d like to make a substitute motion then. st Mr. Mayor: The Chair recognizes the commissioner from the 1. Mr. Fennoy: Mr. Mayor, I’d like to make a substitute motion. Mr. Mayor: And in order. Mr. Fennoy: And the substitute motion is to transfer the property that Commissioner Lockett just mentioned to the Land Bank. Mr. Hasan: Second. 3 Mr. Mayor: We’ve got a motion and a second to transfer again, Attorney MacKenzie, for the record, could you please state the parcel number and the address, if you don’t mind. Mr. M. Williams: Mr. Mayor, I’ve got a question if I can before – Mr. Mayor: I’m going to come to you. I want to get clarification on this first. Mr. MacKenzie: The parcel number is 043-2-153-00-0. Mr. Mayor: Okay, thank you. All right, I’ve got a motion and an appropriate second on the substitute. I’ve got a substitute motion and a second. All right. Mr. M. Williams: Mr. – th Mr. Mayor: I’m coming to you. The Chair recognizes the commissioner from the 9. Mr. M. Williams: Two questions. First of all, is this substitute motion in order? We had a primary motion and didn’t have a substitute and we didn’t vote on it up or down. Now we turn around now and do a substitute motion and we never voted on the first motion and my colleague didn’t want to amend his motion so now we’re going to create a substitute motion when we had only one motion on the floor and we didn’t vote it up or down and the attorney’s sitting there, ain’t nobody said anything and maybe I’m just in another world. But that’s my first issue. The second issue is – Mr. Mayor: Would you like for us to address that one first, Commissioner? Mr. M. Williams: Okay, let’s do that first. Mr. Mayor: Let’s do that first. Okay, the Chair recognizes Attorney MacKenzie. Mr. MacKenzie: Sure. In accordance with the commission rules a substitute motion would take priority over the primary motion and it would be voted on first. Mr. Mayor: Now, now, Commissioner, would you like for us to dispense with the substitute before you go on? Mr. M. Williams: No, sir, my question is still not answered. I understand the primary rule and I understand that. But we didn’t have a substitute motion when the motion was made by my colleague and it was second, it should have been voted up or down. He had a second. If it was lack of a second, we could have went to the substitute motion. Now I didn’t make these rules. These rules are put down here. The attorney ought to know them better than anybody. If it had been voted down, then we could have came back and voted on a substitute motion that my colleague made so until we do that, I think we’re all out of order here. I think we need to make sure that we, he had a motion and a second. There wasn’t a substitute because they didn’t like the way the motion was written, then they’re going to come back and do a substitute. You can’t do that. We should have voted that up or down, win or lose, then you could have had a substitute 4 motion. If Mr. MacKenzie is the legal advisor, if I’m right, I think he ought to say “Amen” or “yes, sir” or “go ahead” or something like they do in the Baptist church. So – Mr. Mayor: We have a substitute motion with a proper second that is before us. It is now the primary motion. Mr. M. Williams: Okay, so my question is, Mr. Mayor, you’re going, if that’s the way the rule is, my question is still knowing what this property is being used for, can we transfer it to the Land Bank or any other bank knowing what the property is being used for? Mr. Mayor: It is within the purview of this body to transfer said parcel of land to the Land Bank Authority. I think that is the matter that’s before us. There is no prohibition that keeps us from being able to do that. Mr. M. Williams: No, sir, I didn’t think there was, but my question is still being asked that knowing that the property would be sold by the Land Bank and it’s another way of going around doing what this body is required to do, can we do that and I guess the answer is yes. We can go ahead and take a vote, Mr. Mayor. I just want to put on the record. Mr. Mayor: I want to make sure you get the opportunity to do that, Commissioner. We have a substitute motion and a proper second to transfer said parcel of land to the Land Bank Authority. All those in favor will vote yea and all those opposed will vote no. Mr. M. Williams, Mr. Guilfoyle and Mr. Smith vote No. Motion carries 7-3. Mr. Mayor: The Chair recognizes Attorney MacKenzie. Mr. MacKenzie: I would entertain a motion to approve a Resolution authorizing the settlement of all claims with Timothy Rainey in the aggregate amount of $50,000 and authorizing Corvel Corporation, Inc. to disburse this amount and for such other documents to be executed as necessary. Mr. Guilfoyle: So move. Mr. Fennoy: Second. Mr. Mayor: A motion and a second. Mr. M. Williams votes No. Motion carries 9-1. Mr. Mayor: Attorney MacKenzie. 5 Mr. MacKenzie: I would entertain a motion to approve a Resolution authorizing the settlement of all claims of Scott Allen relating to his salary to establish his salary as $133,620.47 and backdating that salary to January 1, 2015. Mr. Lockett: Move to approve. Mr. Hasan: Second. Mr. Guilfoyle and Mr. M. Williams vote No. Motion carries 8-2. Mr. Mayor: All right, we’ve got one more matter before us and the Chair recognizes the st commissioner from the 1. 3.Motion to approve 2015 Mill Rates for each taxing district and the accompanying Mill Rate Resolution. Mr. Fennoy: Yes. We’d like to make a motion to approve the 2015 Mill Rates for each taxing district and the accompanying Mill Rate Resolution. Mr. Lockett: Move to approve. Mr. Fennoy: Second. Mr. Mayor: Motion and a second to approve the 2015 mill rates for each taxing district with the associated mill rate resolution. We have that before us. All those in favor will vote yea and all those opposed vote nay. Mr. Guilfoyle votes No. Motion carries 9-1. Mr. Mayor: All right. That gets all the business before us. Committee meetings at this time. [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 Called Meeting of the Augusta Richmond County Commission held on August 11, 2015. ________________________ Clerk of Commission 6