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HomeMy WebLinkAboutCalled Commission Meeting September 1, 2015 CALLED MEETING COMMISSION CHAMBER September 1, 2015 Augusta Richmond County Commission convened at 12:00 Noon, Tuesday, September 1, 2015, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Guilfoyle, Sias, Frantom, 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: All right, we hereby call this meeting to order. The Chair recognizes Attorney Brown. Special called meeting. Okay, the Chair recognizes Madam Clerk. Our first item on today’s special called meeting is to approve an The Clerk: Okay. Intergovernmental Sales Tax Agreement among Augusta, Georgia, the City of Blythe and the City of Hephzibah. Mr. Hasan: So move. Mr. Fennoy: Second. Mr. Mayor: Motion and a second. Hasan with the motion and Commissioner Fennoy with the second. Voting. Ms. Davis out. Motion carries 8-0. The Clerk: And for the record Commissioner Lockett will not be in attendance at today’s meeting. We’re going to Legal? Mr. Mayor: Yes. 1.LEGAL MEETING A.Pending and potential litigation B.Real estate C.Personnel Mr. Brown: Mr. Mayor, I’d like to request we go into legal session for real estate, litigation and personnel. The Clerk: Wait a minute. What was it again now? Mr. Brown: Real estate, litigation and personnel. 1 Mr. Mayor: Again I think it’s appropriate that we go into executive session. It’s sufficient for the record. The Clerk: Well, we need to take a vote, Mr. Mayor. I need a motion. Mr. Mayor: All right. Suspend. Suspend. Before we do that, I think we’ve got one more matter that we do want to take up before, that’s an addition. Madam Clerk, we’ve got an addition. You have it before you. Each of you have it before you as an addition to the agenda. th All right. Okay. I’m going to recognize the commissioner from the 8 first and then I’m going to come back to you, okay? Mr. Hasan: Thank you, sir. th Mr. Mayor: All right. Chair recognizes the commissioner from the 8. Mr. Guilfoyle: No, Mr. Mayor, I was just holding this up (inaudible) Robert Hagler in the room. I didn’t know if you wanted to proceed with this. That was just capturing your attention on that. th Mr. Mayor: Okay. All right. The Chair recognizes the commissioner from the 6. Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor, one of the reasons why we just dealt with the intergovernmental agreement, there might have been various reasons but one reason for sure, an intergovernmental agreement, a request from Commissioner Lockett last week, bringing to our attention once again, getting things of this nature at the last moment and so we want, to his point, he’s asked that we be mindful of that, things that when we have a chance to look over and discuss and take and put in our hand and once again, we’re back at that just a week later with this agenda item for this resolution here and so just want to bring that to our attention that we’re back at the same place again. It’s just something that we were cautioned about last week that I think was a very valid point by Commissioner Lockett. Mr. Mayor: I believe the gentleman knows of that of which he speaks. I was not privy to that conversation but again, I’m sure you know what you’re speaking of. The Chair recognizes st the commissioner from the 1. Mr. Fennoy: Mr. Mayor, if I may ask Mr. Hagler a couple of questions. Mr. Mayor: Mr. Hagler, if you’ll approach the podium. Mr. M. Williams: Mr. Mayor, a point of order, please. Mr. Mayor: State your inquiry. Mr. M. Williams: Are we going to add this to the agenda and then discuss it or are we going to discuss it before we add and it says addition so it needs to be added, is that right? 2 Mr. Mayor: That’s correct, it does. Mr. M. Williams: So do we have unanimous consent to add it? I don’t want Mr. Hagler to speak and then got to come back and speak again so I guess that will be my question do we have unanimous consent to add this? Mr. Mayor: Well, we can do it one of two ways. We can vote on it since it was requested by the Mayor, I think it’s appropriate for me to add it. Mr. M. Williams: But you still have to have unanimous consent I think, Mr. Mayor, even though you requested it. I’m just asking the question. I’ve got no problem with it but if some of the commissioners here feel like it’s something that should have been brought earlier then they’ve got a right to object to it. Mr. Mayor: Well, you have a right to object to it but I think we’ve been down this path before that I can add items to the agenda and it’s happened several times. You stated the inquiry. Are you objecting and you’d like to raise objection? Mr. M. Williams: No, I think if we’re going to do this I think you’ve got a right to add as well as any elected official at the proper time, not at the day of the meeting, and if I’m wrong I’d like the attorney to clarify so I won’t be out of turn any more like this. I think that if they asked if the agenda be added and that’s why they’re adding it to be considered among the body and if we don’t have to be considered then it’s not an add-on. You can just bring what you want to bring so if the attorney can enlighten me on that then I won’t have any further conversation. Mr. Mayor: Okay. All right. I thought we were starting out a good day today. The Chair recognizes the attorney. Mr. Brown: Yes. Mr. Mayor: The commissioner has a question as to when things can be added to the agenda. I’ll give you an opportunity to speak to that. Mr. Brown: We believe that, the Law Department has reviewed this matter on a previous occasion at the inquiry of another commissioner and we have concluded that the Chair of a committee meeting and the Chair of a commission meeting can add to the agenda without unanimous consent. However, the Chair cannot add to the consent agenda without a unanimous consent. Mr. Mayor: Okay. Mr. M. Williams: That’s satisfactory, Mr. Mayor. Ain’t no problem but I’d like to see that in writing, please, sir. Can I get a copy of that? I’m not objecting to it, I just want to see it. Mr. Brown: Yes, sir. 3 Mr. Mayor: All right. Mr. Hagler. Addendum Item: Resolution of the Commission authorizing the Mayor to execute a Certificate of Approval for the issuance of a revenue bond by the Development Authority of Richmond County for the benefit of the Family Y, Young Men’s Christian Association/YWCO of the CSRA, Inc. under Section 147(f) of the Internal Revenue Code, and authorizing the Mayor to execute such Certificates of Approval for future issuances of revenue bonds by the Development Authority of Richmond County under Section 147(f) of the Internal Revenue Code. (Requested by the Mayor) Mr. Hagler: Good afternoon, commissioners, Mayor. I’m here for the Development Authority. We’re issuing, actually it’s a refinance of a tax exempt bond for the Family Y for the facility over there on Wrightsboro Road and under federal law we’re required to have what’s called a TEFRA notice which stands for Tax Exempt Financing Reform Act of 1986 and what we do is we publish a notice in the paper and we have a public hearing. I’ve had dozens of these and have never had anybody show up. But also what is required before we do tax exempt financing is we have to get the Mayor or the Chief Executive Officer of the City which is the Mayor of course to sign a certificate agreeing to the financing. It’s not any obligation on the state, the city, the county and through the Development Authority. It’s only through the rent that’s being paid on the bond so there’s no liability and so we have to get the Mayor to sign that and we’re just asking permission of the Commission to get the Mayor to sign this TEFRA certificate as well as signing them in the future whenever we do these TEFRA bonds and they’ll come up maybe four or five times a year and it’s really just rubber stamping it. Mr. Fennoy: Mr. Hagler, how urgent is it that this be done today? Mr. Hagler: Well, we have a validation hearing before Superior Court next week and we were trying to close next week. Mr. Mayor: Okay, all right, here’s our posture. Mr. Hagler, would this item have gone through the Finance Committee? Mr. Hagler: You know I don’t think so, Mayor. It’s really like I said rubber stamping something. The county, the city is not issuing bonds. Mr. Mayor: Okay. I gathered as much but I at least want to ask the question. All right, th Chair recognizes the commissioner from the 4. Mr. Sias: Thank you, Mayor. Having with the Development Authority have done all the business they’ve done around here to benefit the city and understanding and I won’t be the first one to say I understand exactly every crystal point that they do, but I will give some credence to the folks that run the organization. I move to approve. Mr. Guilfoyle: Second. Mr. Hasan: Mr. Mayor, I have a question. 4 Mr. Mayor: The Chair recognizes the commissioner from the sixth. Mr. Hasan: Thank you, sir. On the second part of this, Mr. Mayor, I understand what we’re attempting to approve today but also can I get some clarity on the second portion that says “and authorizing the Mayor to execute such certificate of approval for future issuance of revenue bonds by the governing authority of Augusta Richmond County under Section 1-47 of the Internal Revenue Code.” So does that mean that he don’t want to have to come before us in the future and just deal strictly with the Chairman/Mayor’s Office in initiatives of where it would always cross our desks, the commission desk? Mr. Mayor: Well, you know, again I certainly can defer to Mr. Hagler but I think there’s a specific item that is before us today and it is in regards to the YMCA/YWCO of the CSRA. Both are the documents that you have before you, i.e. the certificate of issuance of bonds is with regards to that. This is not an attempt or an effort by the Mayor to usurp the authority of the ten commissioners or this body. This is a standard document that does in fact again if there is a certificate it will come before this body. When there’s a resolution that needs to be approved, it will come before this body so I don’t want anyone to perceive that again when any of these entities reach out to the office we bring these matters before this body which is what was done this time, an item placed on the agenda. All right, the Chair recognizes the attorney, Attorney Brown. Mr. Brown: Mr. Mayor, if that’s what you wish, however, the resolution that is before the body does provide for all future issuance to go directly from the Mayor without needing to come to this body even though it may be your intention as Mayor to bring them anyway, however this resolution would authorize the Mayor to sign those certificates without coming before this body. Mr. Mayor: Is that in regards to this matter, the YMCA? Mr. Brown: That’s regarding revenue bonds including the Y but it could be future and other revenue bonds. This is what Mr. Hagler is requesting that this body pass. Mr. Mayor: In this resolution? Mr. Brown: Yes, sir. Mr. Mayor: Okay, all right. Mr. Brown: It’s in the latter part of the last paragraph. Mr. Mayor: All right, very well, Commissioner Hasan. I concur with that. I do. I concur with your position on that. Is that, would you concur with that, Mr. Hagler? Mr. Hagler: Yes, sir, it would be only in the limited situations we’re having to get a Mayor’s certificate under the TEFRA law. 5 Mr. Mayor: Okay. Mr. Hagler: Only when we’re doing tax exempt bond financing that requires the Chief Executive Officer of the entity to approve it and it’s always going to be the same. It’s never been any different on any one that we’ve ever done. It would never obligate the city to do anything other than have the Mayor approve it. Mr. Mayor: Okay, so again I hear what you’re saying and it certainly sounds plausible, but in the climate in which we’re in I think we want to make sure we do our due diligence and give folks an opportunity to see what’s being done. Commissioner Hasan, I appreciate you for seeing that there. Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor: So if we were to go to the resolution paragraph one, two, three, four, five, six and paragraph seven is what you’re referring to, Attorney Brown, is that correct? Mr. Brown: It’s the last paragraph that begins with the word Now, therefore, Mr. Mayor: Now, therefore? Okay. Mr. Brown: It’s the action paragraph. Mr. Mayor: Okay. All right, so there’s a bit of consternation. I want to make sure folks are comfortable. You’ve got a recommendation, attorney. All right, Commissioner Hasan, you brought the issue forward so I’m going to give you an opportunity to speak to it again. I certainly have no intentions on, as I said earlier, I see you down there. If I had a button right here, I promise you. All right, I want you to suspend. I’m going to recognize the commissioner th from the 4 and then I’m going to go to the attorney for a recommendation, okay? All right. The th Chair recognizes the commissioner from the 4. Mr. Sias: All right. Mr. Mayor, if it’s okay with the second, I want to amend my motion, and my motion will be amended as following. Move to approve with all further issuances still coming before this commission for approval as such. The Clerk: So in essence you’re going to delete this paragraph that’s – Mr. Brown: The portion of that paragraph. The Clerk: Yeah, the portion of the paragraph that addresses that? Mr. Sias: Yes, ma’am, basically. The Clerk: Okay. The amendment is to approve the resolution deleting “Mayor to execute such certificates upon approval for future issuances of revenue bonds – “ 6 Mr. Sias: Correct. The Clerk: “-- by the Development Authority of Richmond County under Section 1-47(f) of the Internal Revenue Code.” Mr. Sias: In other words it should be the same as it is today where it was coming before this body to execute this. The Clerk: Yeah, but we just need to modify this resolution that the Mayor’s going to execute – Mr. Sias: I get you now. The Clerk: -- delete that portion. Mr. Sias: Yes, ma’am, if that’s okay with the seconder and the attorney and Mr. Mayor. Mr. Mayor: Well, what I was going to do was defer to the attorney so he can put his legalese in that. All right, the Chair recognizes the attorney. Mr. Brown: Mr. Mayor, before we speak was there a second to the motion? Mr. Mayor: While I think – Mr. Fennoy: I’ll second. Mr. Guilfoyle: Mr. Mayor, I’m going to second once I hear the – Mr. Mayor: Well, that’s why I didn’t want a motion until we got a recommendation. That’s what I was hoping to happen. All right. Here’s our posture. We’re going to receive a recommendation from the attorney for the language that should be here that will give everybody comfort and set a pause. Mr. Brown: I believe that the issue that we’re addressing now is whether or not this body desires to confer to the Mayor the ability to execute future issuance of revenue bonds of this particular type without having to formally come before this body. There is no, it is legally permissible to grant the Mayor this power, therefore, the only remaining question is one of policy and considering the policy you may want to consider that I believe Mr. Hagler is asking for this just as a matter of efficiency and use of time in that there is no risk of liability to the city. It’s really a signatory function that’s required by state law. It doesn’t require the discretion of the Mayor or the discretion of the board whether the Mayor signs or not so if it is the will of the body, the body could feel free to do so however if it is not the will of the body, the body could require the continued procedure of each and every revenue bond certificate request to come before this body. 7 Mr. Guilfoyle: Mr. Mayor, I’m going to second the motion made by Commissioner Sias. Mr. Mayor: Okay and that is the original motion? Mr. Guilfoyle: I already seconded his original and I’m seconding his sub. Mr. Sias: Amended. Mr. Mayor: So again our posture is the following. We have no motion right now on the floor. We’ve got – Mr. Hasan: We’ve got an amended motion on the floor. Mr. Mayor: Well, okay, that’s not what he stated. Did he state that he wanted to amend his motion? The Clerk: Yes, sir. th Mr. Mayor: Okay, all right. Please restate, commissioner from the 4, your motion. Having heard what the attorney just stated, please restate for us your motion. Mr. Sias: On the addition item to the agenda, the amended motion was to approve this resolution with the exception that the future issuance of this must still come back before this body. Mr. Mayor: So is there a second? Mr. Fennoy: Second. Mr. Mayor: I’ve got a motion and second. You’ve heard the motion stated and any further questions? Voting. Mr. M. Williams votes No. Ms. Davis out. Motion carries 7-1. Mr. Mayor: All right, thank you, Mr. Hagler. Mr. Hagler: Can I get you to sign this while I’m here? Mr. Mayor: I don’t know. I think I better ask the germane question if it’s appropriate for me to sign this now. So, Mr. Hagler, here’s what’s going to happen now. Here’s what I’d like for you to do. I’d like for you to send this via email for legal counsel. We will clean it up and then we’ll get it executed and if you can have a courier stop by and get it this afternoon that would be appropriate. Thank you very much. All right, thank you so much. Have mercy. Have 8 mercy. All right. Attorney MacKenzie, I think we’re at a posture now where we can -- I’m sorry. Mr. Hasan: Mr. Mayor, that’s kind of where we all look alike. One Augusta. Mr. Mayor: You’re recognized at this time, Attorney Brown, for executive session. Mr. Brown: Thank you, Mr. Mayor. We would request a motion to go into legal for the purposes of real estate, litigation and personnel. Mr. Smith So move. Mr. Hasan: Second. Mr. M. Williams: Did we mention execution session, Mr. Mayor? Mr. Mayor: I did. I did. Moving forward our posture is that statutorily should be called executive session and that’s what we want to refer to it as. It’s fine. We’re voting. We’re about to make that happen. Ms. Davis out. Motion carries 8-0. [LEGAL MEETING] Mr. Mayor: All right, we hereby call this meeting to order. The Chair recognizes the Clerk. Madam Clerk. Actually before we do that I’m going to recognize Attorney Brown. All right, let me get everybody’s attention. We’ve got to take care of that first. 2.Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Brown: Mr. Mayor, we would request that the Commission entertain a motion to execute the closed meeting affidavit. Mr. Sias: So move. Mr. Fennoy: Second. Mr. Mayor: Voting. Motion carries 9-0. Mr. Mayor: Okay, we’ve got a couple of things that, Attorney Brown. 9 Mr. Brown: Mr. Mayor, we would request that the Commission entertain a motion to approve renewal of a lease agreement between Augusta, Georgia for its Housing Department between Augusta, Georgia and ANIC for a term of two years ending May 1, 2016. Mr. Smith: So move. Mr. Hasan: Second. Mr. Mayor: We’ve got a motion and a second for the approval of the lease. All those in favor vote yea and all those opposed vote nay. Mr. Fennoy abstains. Motion carries 8-1. Mr. Mayor: The Chair recognizes Attorney Brown. Mr. Brown: Just one moment. Nothing further. Mr. Mayor: I got my law degree from the Augusta Municipal Government and not the University of (inaudible). Ya’ll would take that away next week. All right. [MEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on September 1, 2015. ________________________ Clerk of Commission 10