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HomeMy WebLinkAboutRegular Commission Meeting October 6, 2015 REGULAR MEETING COMMISSION CHAMBER OCTOBER 6, 2015 Augusta Richmond County Commission convened at 2:00 p.m., October 6, 2015, the Hon. Hardie Davis, Jr. Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Sias, Frantom, M. Williams, Fennoy, Hasan, Davis and Smith, members of Augusta Richmond County Commission. ABSENT: Hon. D. Williams, members of Augusta Richmond County Commission. Mr. Mayor: A wonderful afternoon, the sun is shining. Commissioner Williams, I’m excited about that we have escaped the storm. We continue to certainly extend our prayers to the folks over in South Carolina as we were able to escape the severe weather and many friends over there in that area. All right, we’re here to do the business of the people. All right, the Chair recognizes Madam Clerk. The Clerk: Yes, sir, we have our invocation delivered by Reverend Doctor Melvin Lowry after which we’ll have the Pledge of Allegiance. Please stand. The invocation was given by Reverend Doctor Melvin G. Lowry, Northeast Georgia Presbytery. The Pledge of Allegiance to the Flag of the United States of America was recited. st Mr. Mayor: All right, the Chair recognizes the Commissioner from the 1, state your inquiry. Mr. Fennoy: Yes, I think that it’s only fitting and proper that we observe a moment of silence for the victims up in Oregon who lost their lives. Mr. Mayor: I couldn’t agree with you more. At this time we’ll observe a moment of silence. Mr. Fennoy: Amen. Mr. Mayor: Reverend Lowry, we have, we want to recognize your efforts. If you’ll approach the podium we recognize and thank you for your spiritual guidance and your civic leadership all of that serves as an example for the citizens of Augusta. And thank you for coming to be with us on today. The Clerk: Mr. Mayor, at this time we will recognize our service employee, Ms. Elam along with the Administrator and the Mayor. Ms. Elam: Good afternoon, Mayor and Commissioners. My name is Michelle Elam, your Interim Human Resources Director. Today we are happy to recognize our Years of Service 1 Recipients. For the month of September there are 20, 5 – 20 year recipients and six 25 – 50 year recipients of which one is here this afternoon. With 40 years of service Theresa Choat Finance Department. (APPLAUSE) Once again a big congratulations. Thank you. Mr. Mayor: Madam Clerk. The Clerk: At this time I call your attention to the delegation portion of our agenda. DELEGATIONS A. Overview of the Age-Friendly (Livable Communities) Program, by Communications Domain Committee Member. (Requested by Commissioner Bill Lockett) Ms. Allen: Mr. Mayor, members of the Commission, today I am here to give you an overview of the Augusta Age-Friendly. Prior to starting I would like to introduce or have shown the committee the members of the Domain Committee that are here today. I would ask that they stand up. They’re the ones that have helped put this presentation together as well as the survey information. (APPLAUSE) Now I’m going to ask that everybody that you see in that beautiful color of red and some members of the AARP Volunteers do not have on their red ask that each of you stand up because they have done an awesome job in helping put all this together as well. (APPLAUSE) Just a couple of things in regards to the Overview for Augusta Age-Friendly and where we are. According to AARP Age-Friendly Communities help to advance the efforts to help people live easily and of course comfortably in their homes and communities and encourages our older residents to take an active role and have their voices heard. And of course we all realize one day we will all be a little older so I want to make sure everything is in great shape for when we get to that point. There are eight domains that have been identified in regards to the livability. The first domain is our outdoor spaces. These are the areas that we need to start focusing on and concentrating on to make sure that our community is listed as an Age-Friendly agency. And when you talk about outdoor spaces and buildings they’re talking about making sure that we have safe and accessible recreational facilities for our seniors. The second one is transportation. We’ve talked about transportation abundantly in here when it comes to Transit and one of the things they want to look at is making sure that we do have safe and affordable modes of private and public transit. The third is housing, making sure that we have a range of housing options for older residents and their ability to age in place and have some home modification programs. The fourth being social participation making sure that we have access for older adults to have leisure and cultural activities. The fifth being respect and social inclusion making sure that we have programs to promote ethnic and cultural diversity. The sixth being civic participation and employment making sure that we have paid work and volunteer activities for older adults and opportunities to engage in creation of policies relevant to their lives. Seven, communication and information making sure they have access to technology so that they can help other people connect with their community, friends and their family. And of course lastly but not least community support and health services. We need to make sure that we have access to home care services, health clinics and programs that will promote wellness and active aging. So let’s look at where we are in regards to the State of Georgia currently. As of July 15, 2015 we have three communities that have been enrolled in the Age-Friendly Livable Communities Program. Those communities of course are Macon-Bibb, Augusta of course and Atlanta. We have over 9 million people that actually live and reside in Georgia and when we 2 look at the households with members that are over the age of 65 we’re talking about 11.5% of those. And when we look at Augusta Richmond County there are 11.8% of the people of the 9 million people or what have you that are considered to be over the age of 65. So how do we get to make sure that we are really a true Age-Friendly Community? Well step one that has already been accomplished. I think Commissioner Lockett has done an awesome job in bringing this concept to the City of Augusta and the Commissioners have done an awesome job in supporting him in making sure that we enter the network. So we are already completed the step one and entered into the network. Step two planning the phase. That’s the first thing that you the second thing that you do for the first two years establish mechanisms to involve older people. That has already been initiated and has already been started. The next thing which is something that I’ll be talking about a little bit more is baseline assessment of communities Age-Friendliness where are we now we have to get a baseline of where we currently stand as it relates to how we are taking care of our age population. Development of three-year community action plan and identify indicators for which we need to monitor. Then we’re going to engage in step three implementation and evaluation implementing the plan that we actually set up and so that we can see where we’re going. And step four is a continuous cycle of improvement. We’re going to continue to work on it, continue to monitor where we are and continue to monitor the program. All these great volunteers that are out here they’re going to keep pushing everything and making sure that the community is Age-Friendly. So baseline assessment how we’re going to do that? We’re going to do a survey. The survey has been developed like I said by this group of people that is in here today and the survey is available online. We are going to do everything that we can to promote that the survey be taken online but if it can’t be taken online if we have some people that just does not want to touch that computer we’re going to have some printed copies. We have some out front now; we also have some available in the Mayor’s office. Tonya Gibbons has done an awesome job in making sure that she distributes that from the Mayor’s office. And we have the rest of the community who has put things together and they’re going to be located at various recreational sites and other communications from the other volunteers that are out here in the crowd today. So with all that being said we’re encouraging our citizens to get involved and help us do an assessment of our community so we’ll have something to start off with so that we can work and improve how we prepare ourselves to be an Age-Friendly Community. With that being said I’ll address any questions that anyone may have. Mr. Mayor: There being none thank you, Ms. Allen. Ms. Allen: Thank you and thank you, guys. Mr. Mayor: Each of our delegations when you come forward at the point that you’re called you have five minutes and if you would state for the record your name and address. Madam Clerk. The Clerk: DELEGATIONS B. Ms. Romell Cooks, AARP Volunteer – presentation on how AARP’s Livability Index may be utilized to enhance the quality of life of all ARC Citizens. How your community or 3 neighborhood may be ranked with other communities or neighborhoods in regards to quality of life concerns. (Requested by Commissioner Bill Lockett) Mr. Lockett: Mr. Mayor, point of personal privilege. Mr. Mayor: State your inquiry. Mr. Lockett: Since this information is so vital for our economic development and growth if they went over a minute or two I would appreciate it if we could waive that today. Mr. Mayor: Thank you, sir. Ms. Cooks: Thank you. I’ll talk fast and try to stay within my five minutes, I’ll do the best I can. I’m going to talk about the Livability Index. This index was developed by World Health Organization and AARP using lots of scientists and very sophisticated resources to come up with what it is and that’s because we want to have a livable community. Tameka told you what that means to have a livable community so I’m not going to waste time on that one. And when we think about our community how do we how do people decide to stay where they are as they age. They decide to chose a community where they could live based on whatever the limitations are whether that is affordability or availability or where they can find things to do as they get older and want to continue living great lives. And you say why do they create the Livability Index which is a two and a half year process to actually get the Livability Index done because this country is aging. And she talked about where we are in Augusta but the whole nation is going that way. In 2010 there was 918 million 908 million people in this country. Today in 2020 there’s 918 million. And if you could see the difference in the color of the map the dark, dark blue says that that’s the age group that’s going to be over 65. And look at what has happened with the nation in just 10 years. In Augusta 21% of our population will be over 65 by 2020. And so the Livability Index went out and they measured, looked at all these measures or metrics of things like an inner transportation in all these eight domain areas. They interviewed 4,500 people to get their input on that and they then came up with an index that they can say what’s going on in a community. And that index is an index of 100 so when you see the number for your community or your zip code or your street or your neighborhood we’re saying that that is based on a measure of 100. Wouldn’t it be great if we were 100 I don’t know that anybody will ever get there but that’s what you’re striving for. And those metrics actually measure against national databases like what’s in the census and what’s in the National Health Survey and what’s at CDC and what’s at all of the other environmental issues. All those agencies take national surveys and then they look at those and they’ve applied them across the board to our cities. So let’s see where we are in Augusta. Augusta Richmond County out of 100 we scored 51 over all as a community. That’s looking at all of the neighborhoods, all of the zip codes and that’s how we scored. And if you can see where we are right down the side like in housing we did 61. That’s good when we think about you know where we are in nationally being 52. Environment is 63. Some of the others are not so great like neighborhoods and health. So we want to look at those and what we do is take for example transportation. The transportation domain index we scored a 44. You see the little red dots there. That means we’re not doing quite so good in those areas that are red or maybe this yellow we’re doing okay but we could do better. The areas that are green are where we’re doing really, really wonderful. So I say that we 4 have some good guidance on what things that we need to work on based on this index. And it’s really nice to have somebody else do it so we didn’t have to come up with this. The World Health Organization and the Institute at the AARP helped develop this. We looked at it we’ve all been to Washington and got trained on it to know how it works and how we can use it down to the street address of a house to say what is the measure for transportation or one of the other domains outdoor spaces for those areas. So we look at now this one is 44. Let’s look at the health domain and this is one that really, really floored me that Augusta scored a 41 as its index number when it comes to health. And I’m thinking this town has more medical centers, doctors, people who are very talented in those areas at training hospitals. How did we score a 41? Well there are lots of measures of what makes that 41. It’s not just where we have access to medical treatment and people can get to it there are lots of other things like how healthy is this city based on how many people are obese or how many people have certain diseases and how many people smoke. Those things and what kind of policies does the city have in place to prevent smoking in public places or in restaurants. Those things affect that number. So when we look at healthy behaviors tobacco is 23. That’s really, really, really, really low. Obesity for example is 33 also very low. Are we putting in place programs and these are things we hope to see in the plan that we develop some programs and educational systems that will help to make our city healthier in those areas. How can the index be used to catalyze communities to talk about what they need in their community and it talks about all of those other areas. And we can go and sit with that community with this index and tell them look at these streets in your area and this how they rate and look at these areas and this is how they score so then people can help to make decisions about what they want. I look at the overall index by zip codes for the city and you can see we range from a high of 54 to a low of 49 and then when you say I don’t know which you know the zip codes or whatever is represented by different commissioners but you can take this index and go back and talk to the people in your community and we can actually identify the streets that are issues in your areas for you we can actually do that so this is how we looked at overall as a city. We know we can do better. That’s why we’re still working on developing a plan and coming up with programs. There’s lot of resources out there to help us with this. AARP I’m a volunteer with them. We’ll come to us will help us we can go to Washington for resources. These are areas where you can actually go and study about the index yourself see how you can use it or come to any of us the commission myself anybody in the area or our mobility task force. I say it’s a great tool. Let’s take advantage of it. I thank you. Are there any questions? Mr. Mayor: I do have a question, Ms. Cooks. I appreciate you bringing this information th forward and I the Commissioner from the 5 has championed this issue and --- Ms. Cooks: Absolutely. Mr. Mayor: --- he’s just brought us all along and I appreciate his leadership on that. My question with regards to the scores that we see have you all done walk scores for our community as well? Ms. Cooks: Augusta very luckily has had a Walk Ability survey and we identified through that survey and I know that there’s Americans with Disabilities survey that I’m working with them there. Also looking at how what kind of curbs do we have. Do we have curb cuts, do we need them? Are sidewalks buckled? Are there trees that are ruining sidewalks? How walk 5 able is our community? This is something that is very critical when we look at that in comparison with transportation. Can I walk or should I take the bus or can a ride my bike? All of these things work together for making a city a great place to live especially for the elderly. Mr. Mayor: I agree 100%. It’d be very helpful to us to have that data shared with the city that we can begin making some data driven decisions as it relates to transportation and where we move people in and out of the city. So thank you very much. Are there any other questions for Ms. Cooks? All right, thank you so much. Ms. Cooks: Thank you. The Clerk: DELEGATIONS C. An analysis of the economic impact of being designated as an Age-Friendly Community. (Requested by Commissioner Bill Lockett) Mr. Lockett: Good afternoon, everybody. First of all I want to thank all of the people that have worked the last couple of years with me on this Age-Friendly Initiative. This initiative is extremely, extremely important. We get a lot of negative publicity but I must say the two plus years that we’ve worked on this we’ve had quite a few people. They all have stayed with us. There has not been any dissention at all. And the one thing we have in common is all of us want to make Augusta Richmond County a better place to live. The previous speaker provided an overview of the Livability Index. It’s extremely important because people of all ages want to reside in livable communities. Her presentation provided data to support my contention that all communities in Augusta Richmond County are not treated equally and this was proven by the overall index by zip codes that she showed us a few minutes ago. Now in reference to the Mayor asked a question about walk ability study. We did a Walk Ability study back I think it was in October. The AARP recruited professionals from out of state to come here. They invested about $14,000 dollars into it for us to do a walk ability study of parts of downtown and to Milledgeville Road and we have copies of that and it was online, it probably still is on line. And you may want to ask the question how does having a livable community impact the potential economic growth of a community? Well, livable communities bring financial benefits to homeowners to business and of course to the local government. How does this happen? Property value increases. You have your homes close to parks in livable communities, you have open spaces and so forth. In Philadelphia they found that having a livable community property values increased by 33%. Elizabeth, New Jersey 64% Oakland, California 145% increase in property values because of livability. And a walk score increase of only1% can improve the value of a home by as much as $3,000 dollars. And you know the more valuable the property is, the more tax money we’re going to get in and more this government can do for the people that live here. And something that we need to be mindful of, it’s been alluded to already but one in three American’s is now 50 or older one, out of every three is 50 or older. The vast majority of people that are 50 plus they want to stay in their own homes and communities for as long as they possibly can. By 2030 we’re talking about approximately 15 years from now one in five adults in the United States will be 65 or older, that’s one out of five. Now you’ve got your boomers, that’s the group that was born 1946 to 1964 and those fellows are turning 65 at a rate of 10,000 a day. In the millennia 6 1980 to 2000 they’re expected to outnumber the boomers by 2028 by about 78 million. Now we talked about transportation. I have fussed and screamed and hollered about the lack of good public transit in Augusta Richmond County but let me tell you something transportation drives development. People of all ages are living a car free life and those with automobiles are driving less. In many cities it’s easier for Americans to live without a car than during anytime over the past 60 years. Millennia who are getting drivers licenses are buying automobiles at lower rates than previous generations. Many older Americans that grew up when the car wasn’t even a necessity are taking advantage of the opportunity to save money improve their health and enjoy the communities more by driving less. That means they’re walking if walk ability is there, they’re riding their bicycles. At least one out of five adults over the age of 65 do not drive. Now we want these people with 65 to come downtown and spend their money. If they don’t drive and we don’t have a good public transit, how are they going to get downtown? Driving peaked in 2003 for those drivers under 25. More Americans are riding buses and trains. Ridership increased 37% since 1995. Now trips on buses and trains by older adults jumped to more than 1 billion in 2009 and that’s a 55% increase for 2001. The millennia and the boomers have similar preferences for walkable mixed use neighborhoods. And I’ll be brief on this. 72% of boomers and 54% millennia want to be near shops, restaurants and offices, that’s where they want to live. 62% of boomers, 49 millennia want to move into a smaller home for a shorter commute. We have a daytime population in Augusta of about 400,000 night time, population 200,000. We need to keep it at 200,000 here in Augusta. We talk about the longevity economy, longevity economy that’s a growing population of over 50 is one of the most significant contributors to overall United States economic activity. By 2032 it is projected to make up about 52% of the United States growth domestic product. 106 million people who are responsible for at least $7.1 trillion dollars in annual economic activity, a figure that is expected to reach well over $13.5 trillion dollars in real terms by 2032. Of course this generation has new opportunities for business. The over 50 population controls almost 80% of the U.S. Aggregate Net Worth. The average wealth of households headed by people over 50 is almost three times the size of those headed by people age 25 to 50. By 2025 75 to 85 households will be childless. Lastly this was very timely. Realistically I am from Houston, Texas, this report came out of Houston, Texas and I guess it was to support my presentation today. And they said Augusta featured in Realtor Retired Magazine October 6, 2015 Augusta, Georgia had been selected a top retirement destination. Now I don’t know much Age-Friendly had to do with that but I would say something. But I want to thank all of you for your support. I want to thank the Mayor and my commission colleagues for their support. This is just the beginning, we’ve got a long ways to go but remember January of 2014 we were number 20 and now there are more than 65 because more and more communities are becoming aware of the economic boost you can get from Age- Friendly. And if everybody’s getting older why don’t we get ready for them? We don’t need the big houses because most of the houses are going to be childless. The kids are going to be gone. Lastly, Mr. Fennoy, I would like for all of the Age-Friendly people if you would please to go out in the lobby they want to take a photo of you a photograph of you and we’re going to use this, okay? So thank you very much, thank you for coming and thank you, Mr. Mayor and Commissioners. (APPLAUSE) Mr. Mayor: Fantastic. I’m going to ask all of you all to come back in February for Go Red for Women Day. I’m going to ask you to do that. Some of you visited us at the capital 7 when we have Heart Health Month and that would be a great opportunity for ya’ll to do that in February, Go Red for Women. The Clerk: They can come back and see the government in action now, they don’t have to leave. Mr. Mayor: All right, I agree Madam Clerk reminds us that you can come back in and watch us do the business of the people, you don’t have to leave. The Clerk: DELEGATIONS D. Ms. Deloris Slade regarding hazardous contamination on Walton Way. Ms. Slade: Good afternoon, county commissioners and everyone out there right here in Augusta. As you know from --- Mr. Mayor: Ms. Slade, suspend for a moment please. We’re going to let them exit and then when I give you the microphone back if you would tell us your name and your address. Ms. Slade: Thank you. Mr. Mayor: Okay, just pause for a moment. All right again, Ms. Slade, again if you’ll state for the record your name and your address and you have five minutes. Ms. Slade: I am Deloris Slade and I reside at 103 East Walker Street right here in Augusta, Georgia. Now as you know this hazardous condition across from Walton Way and th across from People’s Funeral Home, we’re talking about King Street, 8 Street, Taylor Street and we’re talking about there’s a steel, a big steel mill on Hopkins Street all the area. Okay what we have here across from People’s Funeral Home you have this area that you went into the ground and I believe that you sold it to some type of gas company. Well, however this toxic, toxic agent it has returned I don’t believe it ever left. You need to take a survey because as you walk through the community I know that you all are not concerned about it because you don’t live down there in that area across from People’s Funeral Home. But when it rains and when the wind blows the hazardous of the ground comes up and what happens is it gets on your tongue and it gets in your clothes and it gets on your skin. Now how do I know this the same thing is just like Dunkin’s Donut they’re open today a couple of days ago well however I was there this morning and it used to be Jiffy Lube. So what we’re talking about is the hazardous condition on Walton Way is that from Jiffy Lube from the Dunkin Donut there’s still all there. And so when you buy your donuts you can still taste the oil and this is the same thing that when you walk down Walton Way across from People’s Funeral Home you can inhale, what happens is if you’re not walking this concerned it gets on your clothes and it gets in your car. So we need to take a survey because what happens is it spreads in the air and we inhale it and we can breathe it. Now I know you can breathe it but I can smell it all over so we need to take a watch of that that’s very critical. Thank you so much. 8 Mr. Mayor: Thank you, Ms. Slade, for your presentation. I’m very familiar with that site very familiar with it over here right off of Walton Way. And I think it would be appropriate for us to continue to monitor that. I believe that the owner of that property does that even to this day, they’re monitoring that right now. Ms. Slade: Excuse me. Mr. Mayor: Suspend, suspend. We have not time for rebuttal but again thank you, thank you. All right, the Chair recognizes Madam Clerk. The Clerk: We’ll recognize the Mayor at this time. Mr. Mayor: Thank you. I want to remind everyone we’ve reached out to people all across the community. I want to remind our city our local government employees as well there was a communication that went out several weeks ago about the Power Lunch. It’s an opportunity where we as a local government have partnered with Dr. Pringle and the school system to take on two schools Wilkinson Gardens and Copeland Elementary with a goal with trying to get all of our students reading at grade level by third grade. For those of us who are here today in this body commissioners, elected officials, nonelected and/or appointed officials alike tomorrow we begin the Power Lunch where we’re reading to those students at those schools during our lunch hour. I would encourage if you’ve not signed up to volunteer to be a reader, a mentor for a student to do so. It’s a great opportunity and I’m aware that there are other programs that are going on NAACP as well in the community to do that. We want to make sure that we take on that responsibility. It certainly takes a village to raise a child but it takes a community to get behind that village to raise all of our children so I encourage you all to do that, it’s on the website. Madam Clerk. The Clerk: Yes, sir. I call your attention to our addendum agenda. Mr. Eskola, would you like a copy of the addendum agenda? No, okay. FINANCE 12. Motion to approve a request from Augusta Pride regarding a waiver of the usage, cleanup fees for the Augusta Commons and the fee for hanging a banner downtown th concerning the 7 Annual Festival to be held in June, 2016. (Approved by Finance Committee September 29, 2015) The Clerk: There’s a correction to be made regarding the hanging of banners. The correction on that agenda item should read approve the waiver of usage and cleanup fees for the th Augusta Commons for the 7 Annual Augusta Pride Festival which was approved by the Finance Committee. ADMINISTRATIVE SERVICES 29. Motion to approve hiring one of the finalists for the positions of Director of Compliance. (Requested by Commissioner Sammie Sias) 9 The Clerk: Item number 29 Commissioner Sias is asking that item be rescheduled to th October 20 Commission Meeting. FINANCE 31. Purchase of vehicle for the Mayor. (Requested by Commissioner Bill Fennoy) The Clerk: Under the deletion portion of the addendum agenda item number 31 Commissioner Fennoy is asking that that item be deleted. Under the additions to the agenda Commissioner Fennoy is asking that this be deleted. Mr. Mayor: Okay, Madam Clerk, item 1 to be deleted? The Clerk: Yes, sir. Is that correct, Mr. Fennoy? Mr. Fennoy: Yes. The Clerk: ADDENDUM 33. Approve Supplemental Agreement No. 2 between the Department of Transportation, State of Georgia and the City of Augusta for James Brown Streetscape Phase 1 (P.I. #0009126) to extend the completion date for the project to December 31, 2016. Mr. Mayor: Okay, Madam Clerk, let’s pause for a moment. The Chair recognizes the st Commissioner from the 1 with regards to number 2. Is that where you want to be? Mr. Fennoy: Yes. Mr. Mayor: Okay. Mr. Fennoy: Do we need unanimous consent? Mr. Mayor: We do are we at that point yet? I saw your hand going up so that’s why I paused long enough. Mr. M. Williams: Well --- th Mr. Mayor: All right the Chair recognizes the Commissioner from the 9. Mr. M. Williams: I think we need something now. It’s an addition, it had to be approved before we even discuss it I thought but it’s being pulled and changed but I thought it had to have unanimous consent. st Mr. Mayor: That’s what the Commissioner from the 1 is asking for right now. We’re not at that point yet but we were going to get there. So that’s what he’s about to ask for unanimous consent to add it to the agenda which is what you’re asking. 10 The Clerk: The previous items were corrections and deletions, sir. Mr. Mayor: Right. Mr. M. Williams: Corrections and deletions. The Clerk: And this one is now for an addition. Mr. Mayor: Okay, all right so what we’ll do, Madam Clerk, if we will we’ll take them we’ll take them individually just so we can address them as we move down the list. I think that’s probably appropriate. The Clerk: You want to take them individually? Mr. Mayor: Yes, ma’am. The Clerk: Okay. Mr. Mayor: All right item 12. The Clerk: With the correction, is there unanimous consent for that? Mr. Sias: Yes. th The Clerk: Item number 29 to reschedule that item to the October 20 commission meeting agenda. Mr. Sias: Yes. Mr. Mayor: All right, Madam Clerk, I’m going to speak to item 31. The Clerk: Okay item 31, yes, sir. Mr. Mayor: I appreciate that. I think it’s appropriate for me to speak to this matter. What should’ve been a routine fleet vehicle submittal and corresponding action of support no different than any other department or elected office has turned into a distraction. Instead of talking about the economy and job creation we find ourselves not only talking about it but we’ve numerous articles written whether the mayor needs a vehicle or whether or not commissioners agree or disagree with that matter. Today let’s not spend any more time talking about this issue. I asked that it be withdrawn which is what it says today to delete it but I want the request fully and completely withdrawn. I also want to challenge every member of this body to stand with me as we move forward as the conversation about being fiscally responsible and if that be true, give up your gas cards. Some have already made a commitment to be fiscally responsible and have done so. If we’re going to make a bold statement to our constituents let it not be a distraction about whether or not the mayor’s office or staff needs a vehicle any different than any other 11 offices. Also I want to encourage our media professionals to write or report their last story today about the Mayor’s SUV request. In addition to that I’ve also directed my staff to submit the same budget that we operated from in 2015. People are expecting me to be a fiscally responsible steward of the taxpayer’s resources and as such we’re going to do so. This year we’ve already demonstrated how to do more with less, how to be creative about getting the job done. It’s not optimal and we’ll continue the work we’ve already done as many Augustan’s are doing right now in austere times. We’re here to lead Augusta the right way into her best days and so I don’t it deleted, I want it withdrawn. Mr. Sias: So moved. Mr. Lockett: Second. Mr. Mayor: Thank you, Commissioners. All right. Mr. M. Williams: Mr. Mayor? Mr. Mayor: Do you have an inquiry? Mr. M. Williams: Yes, sir, this is not just a red pen I’m holding up here. Mr. Mayor: State your inquiry. Mr. M. Williams: Okay and I appreciate and I heard your statements but I’m little bit confused as to your statement. First of all this agenda item came to this body and on our last committee meeting I think it was I tried to address it or talk about it to at least find out exactly what it was. Whether the media or anybody else having a problem I don’t have a problem as a commissioner with the mayor having a car. The previous Mayor had a car but the agenda item talked about the staff. I do have an issue with that. You mentioned about if we want to be fiscally responsible we ought to give up our gas cards. I don’t make the salary you make or I don’t make the salary your staff makes. I do get a gas card and I plan to use that because I have the people’s business here with me. I don’t I’ve been accused by the media or going up to the limit and I asked them one question did I go over? I mean the rules are the rules. Now I understand what you’re saying but I for one am not giving up anything in fact I’m looking for some more that I duly should have for working for this government. So you who quote can have a car I got no problem with that but I do have an issue when it talks about a issue for the staff. I mentioned to you and I mentioned to the media or anybody else that Ron Crowden sitting over there he’s got a fleet of automobiles. I’ve used one myself when I had to travel out of town. He would bring it down here and put it in the parking lot and have a gas card there with it and fill it up with gas ready to go. So that’s an issue that I’ll guess you decided or someone decided it to put it on the table. But since it’s on the table I thought we ought to talk about it and we could’ve been had this resolved a few weeks ago but because we’re pulling and pushing it back and forth I think that we don’t want to talk about the real issues. But I don’t I take issues with giving up anything that if I was making the salary that your staff makes I could give up my gas card and I probably can get rid of one or two of my cars but I really take that personal I guess because I think that’s unfair for you to say it to this body as if we are not being fiscally responsible and 12 taking advantage of the taxpayers, I don’t think we’re doing that all. Now if you can arrange something in your previous elected official duties and take less to get there it’d be something I’d probably give up some other stuff but I ain’t giving up nothing right now. th Mr. Mayor: I appreciate that Commissioner from the 9. The Mayor’s not questioning whether or not you you’re a fiscally responsible steward of taxpayers’ resources, not at all and I certainly don’t want you to personalize this. I think if anybody can personalize it I can over the last two and a half weeks of frivolity. Thank you very much. I’m sure this will be the last time we talk about it. Madam Clerk. The Clerk: Yes, sir, do you want to carry the vote on item 31 is to add this and approve the withdrawal of the request. Mr. Mayor: I think we’ve got --- The Clerk: Unanimous consent to do that? Mr. Mayor: --- unanimous consent to do so. Mr. D. Williams out. Motion Passes 9-0. The Clerk: Okay. So that leaves us with item number two on the addendum agenda. Is that unanimous consent to add that to the agenda for discussion? Mr. D. Williams and Mr. Lockett out. Motion Passes 8-0. The Clerk: All right, I call your attention to our consent agenda which consists of items 1-27 with the deletion of item 31 and the correction of item number 12 to read the waiver of the th usage and cleanup fees only for the Augusta Commons for the 7 Annual Augusta Pride Festival. I call you attention to the Public Services portion of our agenda. If there are any objectors to any of our alcohol petition would you please signify your objections by raising your hand. I call your attention to: Item 2: Is a request for an on premise consumption Beer & Wine License to be used in connection with the location at 2825 Washington Road. Item 3: Is for a Sunday Sales license to be used in connection the location at 830 Broad Street. Item 4: Is a request for a Wholesale Beer License to be used in connection with the Riverwatch Brewing, LLC at 1150 Fifth Street Bldg 61. The Clerk: Are there any objectors to any of those alcohol petitions? Okay, our consent agenda consists of items 1-27 with the deletion of item 31 and the correction of item number 12. 13 Mr. Mayor: All right, the Chair will entertain any motions to add or pull from the consent agenda. Mr. Sias: Move to approve. Mr. Lockett: Second. CONSENT AGENDA PLANNING 1. ZA-R-241 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend Section 3-12 (Special Building Setbacks) of the Comprehensive Zoning Ordinance for Augusta, Georgia by amending the 45 foot special setback for Pleasant Home Road by removing the section from Bobby Jones Expressway to Professional Parkway. (Approved by the Commission September 15, 2015 – second reading) PUBLIC SERVICES 2. Motion to approve New Application: A.N. 15-51: request by Alexander J H Bentley for an on premise Beer 7 Wine License to be used in connection Bentley Brothers located at 2825 Washington Rd Ste H2. District 7. Super District 10. (Approved by Public Services Committee September 29, 2015) 3. Motion to approve a request by Raiford Dunbar for a Sunday Sales license to be used in connection with Flame Bar & Grill located at 830 Broad Street. District 1. Super District 9. (Approved by Public Services Committee September 29, 2015) 4. Motion to approve New Application: A.N. 15-49: request by Brey R. Sloan for a Wholesale Beer License to be used in connection with Riverwalk Brewing, LLC located at 1150 Fifth Street Bldg 61. District 1. Super District 9. (Approved by Public Services Committee September 29, 2015) 5. Motion to approve Contract Modification #1 to the Dalzelling Design Landscaping, Inc. Contract for miscellaneous landscaping improvements. (Approved by Public Services Committee September 29, 2015) 6. Motion to approve a request by Linda S. Christie for a Therapeutic Massage Operators License to be used in connection with Healthy Interests located at 19 Mulberry Lane. District 7. Super District 10. (Approved by Public Services Committee September 29, 2015) ADMINISTRATIVE SERVICES 7. Motion to approve the appointment of a Commission Rules Review Sub-Committee consisting of Commissioners Mary Davis, William Lockett, Sean Frantom and Sammie Sias. (Approved by Administrative Services Committee September 29, 2015) PUBLIC SAFETY 8. Motion to approve Grant-Based Service Agreement for an Accountability Court Case Manager. (Approved by Public Safety Committee September 29, 2015) 9. Motion to approve entering into an MOU with the State of Georgia Emergency Management Agency to support all-hazards emergency management missions and to 14 authorize the Mayor to execute the appropriate documents. (Approved by Public Safety Committee September 29, 2015) 10. Motion to approve Logicalis to upgrade Augusta’s Unified Communications Application Upgrade from 8.5/6 to 10.6. (Approved by Public Safety Committee September 29, 2015) FINANCE 11. Motion to approve the replacement of 2 automobiles for the Solicitor’s Office. (Approved by Finance Committee September 29, 2015) 12. Motion to approve a request from Augusta Pride regarding a waiver of the usage, cleanup fees for the Augusta Commons and the fee for hanging a banner downtown th concerning the 7 Annual Festival to be held in June, 2016. (Approved by Finance Committee September 29, 2015) ENGINEERING SERVICES 13. Motion to authorize condemnation to acquire title of a portion of property for right of way, permanent easement and temporary driveway easement (Parcel 069-3-003-01-0) 3376 Milledgeville Road. (Approved by Engineering Services Committee September 29, 2015) 14. Motion to approve Professional Services Proposal from Cranston Engineering Group, P.C. for the Alternate Downtown Water Feed 2014 CIP Bond Project in the amount of $379,370. (Approved by Engineering Services Committee September 29, 2015) 15. Motion to approve Johnson, Laschober and Associates (JLA) Design Change Order 5 in the amount of $51,584.00 for the Butler Creek West Sanitary Sewer Upgrades, project number 60106. (Approved by Engineering Services Committee September 29, 2015) 16. Motion to approve of change order in the amount of $49,563.85 to Blair Construction for the Pine Log Road Sanitary Sewer Installation Emergency Task Order Project. (Approved by Engineering Services Committee September 29, 2015) 17. Motion to approve awarding a contract to CSRA Testing and Engineering in the amount of $52,750.00. RFP 15-176 (Approved by Engineering Services Committee September 29, 2015) 18. Consider approval of construction change order in the amount of $156,516.95 for the Gordon Hwy 16” Water Main project by Eagle Utility Contracting, Inc. Bid Item #14-175. 19. Motion to approve a revision to Augusta, Georgia Code, Title 4 Chapter 2, Section 4-2- 2, to provide standards for unlawful dumping or storing of solid waste, or the accumulation of weeds and noxious vegetation of vacant lots and unoccupied parcels of land. (Approved by Augusta Commission September 15, 2015 – second reading) 20. Motion to approve and receive as information the Emergency Construction Services on the Thomas Lane Drainage System Failure in the amount of $89,939.34 to Sitec LLC; funded from SPLOST Phase VI as requested by AED. (Approved by Engineering Services Committee September 29, 2015) 21. Motion to supplement the city’s contract with RJ Haynie and Associates in the amount of $39,335 to provide traffic signal mast arm repair services for the intersection of Sand Bar Ferry Road and Laney Walker Boulevard as requested by AED/TE. (Approved by Engineering Services Committee September 29, 2015) 22. Motion to approve award of Construction Contract to Reeves Construction Company in the amount of $568,145.00 for Transportation Investment Act (TIA) Project, Marks 15 Church Road & Drainage Improvement Project – Phase 1 as request by AED. Award is contingent upon receipt of signed contracts and proper bonds. Bid Item 15-159 (Approved by Engineering Services Committee September 29, 2015) 23. Motion to approve Resolution to terminate EDA Grant for the Rockwood Pigments Effluent Force Main Extension Project. (Approved by Engineering Services Committee September 29, 2015) 24. Motion to approve Professional Services Proposal from Johnson, Laschober and Associates, P.C. for the Spirit Creek Trunk Sewer Rehabilitation 2014 CIP Bond Project in the amount of $431,500. (Approved by Engineering Services Committee September 29, 2015) 25. Motion to authorize Amendment One to the City of Augusta contract with MEC Foster Wheeler Environmental & Infrastructure, Inc. in the amount of $192,500 for the Stormwater Utility Fee Implementation Project. (Approved by Engineering Services Committee September 29, 2015) 26. Motion to approve award of Construction Contract to R.J. Haynie & Associates, Inc. in the amount of $5,517,131.00 for Transportation Investment Act (TIA) Project, Signal Modernization Walton Way – Phases II & III as requested by Augusta Engineering Department. Award in contingent upon receipt of signed contracts and proper bonds. Bid Item 15-193 (Approved by Engineering Services Committee September 29, 2015) PETITIONS AND COMMUNICATIONS 27. Motion to approve the regular minutes of the Commission held September 15, 2015 and Special Called meetings of the Commission held September 18 & 29, 2015) Mr. Mayor: We’re at the regular agenda, Madam Clerk. We’ve got to vote on the consent agenda with the ones that we have. Mr. D. Williams out. Motion Passes 9-0. [Items 1-27] The Clerk: ADMINISTRATIVE SERVICES 28. Discuss the process/policy for the selection of names of officials listed on the Municipal Building Plaque. (Requested by Commissioner Marion Williams) th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. I asked that this be put on the agenda to get to define the process as to how we arrive at the names that go on a particular building that either the body started or not. On this particular building here and the IT Building there’s several different Commissioners and several different Administrators and even several Mayors. So I was trying to find the process and how that process works. The previous buildings and bridges and all the other stuff we did is not like that so I was just trying to figure out how we arrived at that particular process. 16 Mr. Mayor: Well, I can’t begin to answer that that predates me but I will, okay, all right, the Chair recognizes Madam Administrator. Ms. Jackson: Yes, sir, I can speak to that. There is no written policy on and or formal policy that the government has had regarding that. When the Judicial Center was finished back in 2011 there were a couple of plaques erected which listed all of the Commissioners who served during the time period from the beginning of the project through the end of it. So for the Information Technology Building as well this building’s renovation on the plaques we took that same approach and listed everybody who was in office at the beginning and end of the time period. Mr. M. Williams: I guess, Mr. Mayor, I guess we need to develop a process I mean because and Ms. Jackson is exactly right this was on there but I guess my question is can we, should we develop a policy how to actually work prior previous on other buildings because on other names and I just saw all of those names and really got kind of confusing. So if you was visiting Augusta and you saw three Mayors you wouldn’t know who the Mayor was at that point and who wasn’t. Shouldn’t there be a process or a policy to set that up? And I don’t think we can do it today and I’m not expecting it today but I think there’s something that should be put in place so at that point if we list everybody if that’s the policy I’ve got no problem with that. But I just think it’s different from the other stuff that we’ve done in other buildings that we’ve done here so. Mr. Mayor: All right, I understand. Have you got an action or again we’re just discussing? Do you want a follow up action from this conversation, Commissioner? Mr. M. Williams: I would like to see I follow up action. I would like see it sent to committee for, we to develop something so we’ll have something to go by. Mr. Mayor: Okay, is that a motion? Mr. M. Williams: I make a motion to send it back to Administrative Services, is that the committee? Mr. Fennoy: I’ll second the motion. Mr. Mayor: Okay, we’ve got a motion and a second to have the Administrative Services Committee work on a policy for the selection of names listed on all future government buildings. Does that sound appropriate? Mr. M. Williams: Sounds good. Mr. Mayor: Okay, all right we’ve got a motion and a second. All those in favor will vote aye and those opposed vote no. Mr. D. Williams and Mr. Lockett out. Motion Passes 8-0. 17 The Clerk: ADMINISTRATIVE SERVICES 30. Discuss DBE Liaisons that are written in city contracts. (Requested by Commissioner Marion Williams) th Mr. Mayor: All right, the Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you again, Mr. Mayor. This is an issue that was brought to me several times and I’m really, really trying to figure out how to frame this. But I’ve been told you had to pay to be associated with this government. Now whether that’s true or not I don’t have any proof of that but people are saying they don’t know who to talk to. I guess my question is to Madam Administrator how does people, how do the process work for someone who wants to do business with this government. Who is I guess the contact person, what’s the process for that as well. I asked for some information that I have not, I don’t have my hands on but I do have some information that said that people have been and somebody might have heard this as well. But I just need to know who are agents of this government and who are not agents of this government who’s authorized to tell people to what when and where. If it comes to I know if you’re looking for a job you go to H.R. and H.R. would direct you what they got on available or not and you can fill out an application, I guess you don’t line up there. But who is the go to, where’s an entity to handle that when people want to do business with this government? Mr. Mayor: Before I recognize the Administrator, Commissioner, I want to make sure that we’re clear on item 30. Item 30 says that we’re going to discuss DBE Liaisons that are written in city contracts. What you’ve asked for is different from that. You’ve asked for the mechanism or process whereby which individuals or entities can do business with the city, is that correct? Mr. M. Williams: Well, yes, sir, I might have framed it differently then when I said that but I’m asking for I guess the go to person. I mean there are people that I --- Mr. Mayor: Is this in matters of contracting? Mr. M. Williams: --- this is the matter of contracting. There are people that a lot of people thought was employees of this government that’s not employees of this government that they’re giving directions and I just need to know because when people ask me, I don’t know what to tell them. I mean and I get I had to learn it from my predecessor Willie Mays I get tired of going to Wal Mart at 2:00 o’clock in the morning. I still run into folks out there; they still want to know what happens. They still got a question to ask and when I can’t answer those it makes me feel bad. Mr. Mayor: I couldn’t agree with you more, Commissioner, so I’m going to try and frame this. At 2:00 o’clock if you go to Wal-Mart but you really want to do business at Target and you don’t have anybody to let you in --- 18 Mr. M. Williams: Now I want to go to Wal-Mart but I just don’t want to go at two in the morning. I know where I want to go. Mr. Mayor: All right, Madam Administrator, I think what the Commissioner is really wanting to get to is we’ve got this notion of DBE Liaisons who are telling people how to do business, who can and who can’t do business. Can you speak to some of that and kind of clarify what the protocol is if you want to do business with the City of Augusta? Ms. Jackson: You know I still may be a little confused myself but generally if you want to do business with the city you start at the Procurement Department --- Mr. Mayor: Yes. Ms. Jackson: --- that the Procurement Department issues bids, process orders et cetera and they have listings of all work that’s available. So that’s the starting point. If on the other hand when I read this what I was assuming this made reference to if a firm believes that they meet the criteria to be a certified DBE, you could go to our DBE Office speak to Ms. Gentry and she’ll fill out the paperwork to apply for the DBE Certification. So but based upon those comments I’m not quite sure --- Mr. M. Williams: Mr. Hasan had his hand – Ms. Jackson: --- what your question is. Mr. M. Williams: Okay, I’ve got another question but I’ll yield. Mr. Mayor: You’ll yield Commissioner? Mr. M. Williams: Yes. th Mr. Mayor: Okay. The Chair recognizes the Commissioner from the 6. Mr. Hasan: Thank you, Mr. Mayor. I’m like most of us trying to get a handle around it but I’m going to try to stick to what’s on what’s written here on the agenda item where it says to discuss DBE Liaisons. Mr. Mayor: Commissioner, suspend. Can you speak into the microphone, sir? Mr. Hasan: Oh, thank you, Mr. Mayor. I’m going to try to stick to the agenda item just as it’s written other than the word I’m not going to use contacts I’m going to say contracts. But anyway can Ms. Gentry’s office, I’d like to ask Ms. Gentry to come to the mike if you don’t mind, Mr. Mayor. Mr. Mayor: All right. Okay all right, Ms. Gentry, when you approach I’m going to ask th you to respond to this question. I know the Commissioner from the 6 has the floor but I’m going to ask you to respond to this question which I believe will get to where he’s trying to go. 19 We have in front of us again this idea of DBE Liaisons. If you will tell us what a liaison is and speak to how, if or why they are written in the city contracts and then get to the matter. Thank you. Mr. Hasan: Mr. Mayor, I think you done pretty good, think you’re in the mind reading business I’ll let her have it just as it was presented. Mr. Mayor: Thank you. Mr. Hasan: You can answer the Mayor if you don’t mind, that’s my question. Ms. Gentry: Okay, the DBE Liaison is the position that was created prior to me coming on board and then basically that individual was the mediator between this government and the prime contractor. The only individual and person that I’m familiar that had that title was the DBE Liaison for Heery International and they’re no longer with us anymore. Mr. Hasan: So does the position still exist or? Ms. Gentry: Well, once again it was written into the Heery’s contract --- Mr. Hasan: Okay. Ms. Gentry: --- they no longer have a contract with us so I’m not familiar with another contract where the DBE Liaison came up. Mr. Hasan: Okay, thank you, ma’am that’s all I want to know. Mr. Mayor: Thank you. That’s an excellent question. All right, Ms. Gentry, I’d like you th to stay there. The Chair recognizes the Commissioner from the 9. Mr. M. Williams: My question goes back now was that a city position because Ms. Gentry just said that was a Heery position. And I’m thinking and what people are telling me it’s a department within the city and that’s what confused me, it’s what got me thinking that I’m not as sharp as I used to be. So is that a city, yes Mr. Mayor, my question be that is that a city position that we have or that was with a contractor which is no longer? Mr. Mayor: Okay. Ms. Gentry: That is not a city position. And the City Administrator was accurate when she stated my office get involved with all contracts to make sure, you know, they are looking for opportunities or need to become registered or become DBE Certified our office is here to assist with that process. As it relates to a DBE Liaison within the city I’m not familiar with it. Again the only documentation that I read was it was stated in Heery’s contract. Mr. M. Williams: And my last question, Mr. Mayor? Ms. Gentry, you and I had a conversation when you had a workshop at one of our community centers and there was a 20 statement made in there, an open statement in that room and I questioned you about it as the statement was made. I don’t need to reiterate the statement, I don’t need to know anything else but those type things have been shared and people have been misled thinking that it was something that it was not. And I think that we should make sure that we’ve got a clear handle on that and those types that should not be made to mislead the city I guess I’ll leave it there. But you remember that conversation we had. Ms. Gentry: Absolutely --- Mr. M. Williams: Okay. Ms. Gentry: --- and the individual was an intricate part of the Heery contract. Once again it was done prior to me coming on board. Mr. M. Williams: I understand. Ms. Gentry: When they go out representing Heery, that comment has come up. I’ve had individuals to inquire with me as it relates to it but --- Mr. M. Williams: Well, that helps me a lot I don’t need (inaudible). Mr. Mayor: Commissioner? Mr. M. Williams: Thank you, I’ve got what I needed. Mr. Mayor: Okay, thank you, sir. All right. Mr. M. Williams: Motion to receive as information. Mr. Hasan: Second. Mr. Mayor: We’ve got a motion to receive as information and second. Voting. Mr. D. Williams and Mr. Lockett out. Motion Passes 8-0. Mr. Mayor: Thank you, Madam Clerk. Moving forward when we have items of discussion on the agenda it’s not necessary for us to vote on those items. We are simply discussing and receiving as a matter of record for information so it’s not necessary for us to vote on it. All right, Madam Clerk. The Clerk: PETITIONS AND COMMUNICATIONS 32. Rescind the commission’s April 21, 2015 appointments of the legislative delegation’s appointments to Augusta-Richmond County Tax Assessor’s Board in accordance with the 21 constitutional amendment (Ga. L. 1956, p. 453) and (GA. L. 1999, p. 3599) which gives that authority to the legislative delegation. Mr. Mayor: All right the Chair is going to recognize the Attorney --- The Clerk: --- which gives that authority to the legislative delegation. Mr. Mayor: Thank you, Madam Clerk. The Chair is going to recognize the Attorney to speak to this matter so that we can all be fully abreast of how to move forward with this issue. Mr. MacKenzie: Sure I’d be happy to address that. I think the heart of this issue relates to the action that was taken on April 21, 2015. There were four people that were addressed in that item. Two of those were Legislative Delegation appointments and two of those were commission appointments. And I think the issue that needs to possibly be clarified is whether or not it was the intention of the Commission to reappoint the Legislative Delegation appointments. st I think it was clear from looking at the transcript from the April 21 meeting that the commission was well aware that legislative delegation appointments are not appointments of the commission. However it may be in order to do a motion to clarify what the intent of that vote was. I do have a proposed motion if I can read that if this would help I think clear up that matter. And the motion to clarify and acknowledge that the action taken proposed motion I have would be a by the Commission on April 21, 2015 regarding the two sitting Tax Assessors Board members, namely Robert O’Neal and Brian Simkins, previously appointed by the Legislative Delegation was not an effort by this commission to appoint said persons to the Board or create a new term of office for said members as such powers lie solely in the purview of the local Legislative Delegation and such action had no legal or binding effect on the term of office or membership of the Board of Assessors. Mr. Mayor: I think that’s perfect. All right, the Chair recognizes the Commissioner from th the 9. Mr. M. Williams: Thank you, Mr. Mayor. Andrew, on April 15 I think you quoted the date being I asked the question that particular day that those appointments that we was about to do was, had expired. And we was told under no uncertain terms that we was up against the wall; they had sent the information to the Clerk and they had not moved. And we had to appoint not just a delegation portion but the District 9 and District 10 appointments. And I questioned that and I said that those appointments was held over. We had not made those appointments but we was told we had to do that. Now what I’m hearing and I need to get it clear to what you just said is that you’re talking about just the two for the delegation but likewise the other two 9 and 10 appointment was appointed the same time when I asked this body to make sure that we were doing the right thing and I voted against it because it was not the right thing to do. There was a holdover that had been held over for quite some time and it could’ve stayed held over until we appointed somebody else but we went ahead and done it because we was told or we thought we was up against the wall because it was given information to me if I remember correctly that the Clerk did not get it to us like she was supposed to have done. And now I need all that clarified, don’t need to do half a cow do the whole. 22 Mr. MacKenzie: Sure I’ll be happy to clarify. You’re correct. This motion only addresses the Legislative Delegation appointment. I think you’ve also correctly stated there was some confusion relating to whether or not these were holdover positions which created a sense of urgency. Further research has determined that these would be holdover positions so that urgency maybe was not justified in this instance. I don’t think it was intentional on the part of the department but it’s my understanding they’re here if you need to clarify that further but this is only addressing the Legislative Delegation appointments. Mr. M. Williams: And my response to you is that I don’t want to address half of it like you just stated that. I mean the entities are here but you as the Attorney we’re going to clarify, let’s clarify everything now, just don’t do half of it then you come back with nothing. Now if that was done improperly or done wrong then we need to correct that. We was told that quote that they had to qualified, had to be certified or, I don’t want to get the wrong word, Mr. Mayor, that they gave us a while ago I want to make sure I get it right. But they was up against the wall and they could not even set the digest but they don’t set but that was what we was told. And the Commission voted because we didn’t want to be up against the wall in a box or something so that was misleading. And so we did what anybody would do if we was in a tight like that. And this is not the first year from talking to the legislative this is not the first year it happened either, it happened before. So if we’re going to clarify let’s clarify the whole thing and not just do half of it. You’re talking about the legislative side but what about the other two for District 9 and appointment for District 10. Mr. MacKenzie: The Commission did not have the authority to reappoint the two Legislative Delegation appointments. The Commission had the authority to do that with respect to the Commission appointments and I think that’s already been made clear but those need to be clarified in this. It’s not to say that your issue doesn’t need to be addressed but that’s a different issue than what needs to be clarified in this one. Mr. Mayor: All right, so I’m going to give you an opportunity, Commissioner, I will get you all. Mr. M. Williams: (inaudible) Mr. Mayor: Well, I’m going to give you the floor you’ve got it. Mr. M. Williams: Well, thank you, sir, I’ve got me a trick hat I mean I don’t know what to do here. I’m trying to just get it clear in my mind. I don’t want a lawyer’s version of this. I want Steve to keep it simple I want to keep it from Steve here. The process was that we was told that we was up against the wall. We know a holdover position can stay there until they reassign. We reappointed not just the delegation and I said to this body hey wait now don’t do that but we reappointed which was illegal to do in lawyer’s terms to do that. But we did because we thought it was something we had to do. And being mislead was told what we was told and the minutes ought to be there for what everybody said and one thing about it everything’s recorded. So if it was there and we did that not intending to do that, not knowing that that was not right so if we’re going to change the legislative side that we had no authority to do in the first place. The people still can stay there, it’s not like they pull them off the board they’ll stay there until we reappoint. 23 In fact I’ve got the Clerk who’s already got some Talent Banks all ready to go. So they’ll stay there until the reappointment but we can either redo everything I would think as an Attorney. That don’t mean they come off. What’d you say that vote was not good if we redo the legislative and the vote that we did is no good there’s another part is that the same thing? We sure can reappoint for another four years then. Mr. Mayor: All right, thank you, Commissioner Williams. All right the Chair recognizes th the Commissioner from the 6. Mr. Hasan: Thank you, Mr. Mayor. Believe it or not, to my colleagues they’re both on the right our Attorney’s right and Commissioner Williams’ is right as well because there are addresses from two different issues but still they have some similarities. One of the things I’d like to say we didn’t have the authority to reappoint the Legislative Delegation I mean that’s been very clear the Attorney’s acknowledged that. Also Commissioner Williams exact looking at the facts of that we was rushed to believe that we had to do it. And one of the issues that the board and I think I was innocently suggested that we had to do what was advised by the Department of Revenue in terms of reappointing and not allowing their terms to expire because they would lose their certification. So I have an issue here that was kind of addressed not an issue but a statement here. It says a certificate is an issue as a result of the Department of Revenue rule 560-11-2-31 which provides that the end of term of office be used as expiration date of the certificate of the members of the Board of Tax Assessors. This was based upon a change of the general law in 2006 however, now here’s where we come into play here however the Augusta Richmond County Board was established as a result of a local constitutional amendment. And the latest amendment provides that the members of the board serve terms of four years and until their successors are appointed. So with that being said, Mr. Mayor, I would be more inclined to make a motion to what Commissioner Williams’ said that we rescind all of them and give my colleagues from District 9 to choose one that was made as a Commission body because they act in haste assuming that they had to do it and my colleagues from District 10 to reappoint or choose another candidate. So we rescind all the actions that were taken on that date to cover the bases all of us start anew. Let the delegation choose their two and we choose our two at a later time. But in the meantime the board will not be, a couple of questions need to be, the board those persons would remain in place up until the successors are chosen. Also the tax digest all those things were placed, were still in place because those persons have been chosen to serve until the successors are chosen. Mr. Mayor: I think the current state statute allows them to serve until such time --- Mr. Hasan: Thank you, sir. th Mr. Mayor: --- so I don’t think that’s a concern. I believe the Commissioner from the 6 is making an effort to make a motion. Mr. Hasan: Yes. Mr. Mayor: All right, I’m going to recognize him for that and the Commissioner from th the 9 is going to second that motion. 24 Mr. Hasan: I make a motion, Mr. Mayor, that we rescind the action that we take on what th April 24? st Mr. Mayor: April 21. st Mr. Hasan: April 21. Mr. Mayor: All right, suspend. The Chair recognizes Attorney MacKenzie. Mr. MacKenzie: I would have some concerns about that from a legal perspective in the sense that it could have a negative impact on the ability of that board to perform especially if it’s st a retroactive action to rescind the actions of April 21. If a subsequent action was taken by the board I would hope, we’re probably all on the same page in the sense that we don’t want to do anything that would have a negative impact on the decisions made by that board during that time. And I know the board’s attorney is here, the board chairman is here and they could probably speak to that in more detail. But I just wanted to raise that issue. Mr. Mayor: All right so suspend, just everybody suspend. Attorney MacKenzie, you read a motion earlier to clarify the action. Would it be proper for us to expand that to all appointments not just the Legislative Delegation appointments? Would it be proper just to expand it? Mr. MacKenzie: My suggestion would be no and the reason for that is this body had the legal authority to take the action that was taken in respect to the two Commission appointments and that action has been taken. And state law says that once that action’s been taken those two can only be removed from office for cause. With respect to the Legislative Delegation appointments it’s not a power this body had and so we’re, the motion that I was suggesting would just be clarify the issue with respect to that. It’s not to say though that this issue doesn’t need to be dealt with about having sufficient time to properly vet candidates. I would suggest you look at that for future going endeavors instead of trying to go backwards and undo what’s been done. Mr. Mayor: All right --- Mr. Hasan: Mr. Mayor? Mr. Mayor: --- everybody hold on. I want to make that everyone fully understands what the Attorney just indicated. Pursuant to state law which is our Charter to date what’s before us that the proper action would be that the appointments for the Legislative Delegation in effect are non-binding anyway and as such the appointments that were made by this body as it relates to the Commission appointments do have the effect of being binding. That’s what I just heard and unless there’s a showing of cause any action that this body takes to remove them from that position would be injurious. All right? Mr. Hasan: Mr. Mayor, thank you, sir, for are you (unintelligible) I’m sorry. 25 Mr. Mayor: Well, I just want everybody to understand that. Now what I’m going to do commission is go all the way to the end. Mr. Hasan: I’d like to address the cause issue though if you don’t mind. Mr. Mayor: Okay, I will ask you --- Mr. Hasan: Okay. Mr. Mayor: --- to hold because I want them to feel the love down here. The Chair th recognizes the Commissioner form the 8. Mr. Guilfoyle: Mr. Mayor, we have a Tax Assessor, we’ve got a Chairman from the Tax Assessors Board. I would like to hear from them but I do have a couple of questions prior. Who actually put this on the agenda? The Clerk: I did, sir. Mr. Guilfoyle: At the request of? The Clerk: Talking with the Chairman of the Legislative Delegation. He had asked how st could this action taken by the Commission on the 21 be remedied because the authority to appoint the Legislative Delegation appointees rests with the delegation not the Commission. And so the only way we could do it for lack of a better word here is to clean our record because our records indicated that the Commission did reappoint those Legislative Delegation appointments. And in fact they had me to certify a letter to the Georgia Department of Revenue to that effect. So we do need to kind of clean that up. Mr. Guilfoyle: You know after reading the today’s paper where Wayne Howard said there was really no time limit on this. In other words this is an item that did not have to be taken care of today and you would think that somebody from the legislation that requested that this item be put on that they would be here to discuss it instead of us as a body trying to figure out their intent and it’s actually fractured at this point. My suggestion is let’s hear from the Chairman, Tax Assessor’s Board or shoot it back to committee for further discussion because some of the colleagues has information the rest of us don’t. And I don’t want to make a decision at this point in time because we’ll have a ripple effect whether it’s good or bad there’s always repercussions from every one of our actions. And if we make a haste decision it’s going to be worse in the end. And that’s just my sentiments on that one. Mr. Mayor: All right, so everybody suspend. Here’s what our posture is. There are two things that are being discussed here, two things, one is the issue of legislative appointments. Our Attorney has given us clear direction on what needs to happen concerning that. The other issue, the other issue that there appears to be a great deal of angst about is the manner and the urgency at which the Commission appointments were made. Two issues and we’re going to take action on the first action and we’re going to move forward as it relates to the Legislative Delegation’s 26 appointments so that we can get that issue resolved. The other matter as it relates to the Commission appointments and how we arrived at them I understand there’s a great deal of angst about that and how do we repair that, how do we remedy that. We cannot solve that today unless th we take action as a body and do something to the Commissioner from the 8 point that has repercussions that are far reaching and I do not believe that that is the intent of this body. So the th, first matter that needs to be dealt with, Commissioner from the 9 is whether or not we’re going to take this motion and act on it specifically as it relates to the appointments of the Legislative Delegation, that’s what needs to happen, okay? That’s our posture. I’d like to see, I’d like to see that motion and then we’re going to take action. Attorney MacKenzie and I’m coming back to th the Commissioner from the 9. I know your hand’s up and then I’m going to go back down to th the Commissioner from the 6. All right, I want you to read it again, okay? Mr. MacKenzie: I would just add to the, there is no degree of urgency with respect to this item. It could be good to clarify the legislative pieces but the other one it could, further research can be done on that if needed. But the motion that I’m suggesting would be a motion to st clarify and acknowledge that the action taken by the Commission on April 21 2015 regarding two sitting Tax Assessors Board members namely Robert O’Neal and Brian Simkins previously appointed by the local Legislative Delegation was not an effort by this Commission to appoint said persons to the Board or create a new term of office for said members as such powers lie solely in the purview of the local Legislative Delegation and such action had no legal or binding effect on the terms of office or membership of the Board of Tax Assessors. Mr. Mayor: I’d like to get a motion and a second on this. Mr. Fennoy: Second. The Clerk: Who so moved? Mr. Mayor: Again --- The Clerk: I got a second but I didn’t get a --- Mr. M. Williams: I can make a motion, Mr. Mayor, but I’ve got a statement. I can’t --- Mr. Mayor: I’m going to give you that opportunity. Mr. M. Williams: Well, you want me to make a motion and I mean I can one I mean but I’m not going to make a motion without having my comments because I think this is conflicting again. I agree with Commissioner Guilfoyle, we was told something and that’s why we reacted to that. Now I’m hearing from the Attorney that if we do those two for legislative that’s going to be all right but if we do four of them then we’re going to rescind something that happened back when the Board got together and signed the digest or filled out the digest. If that’s going to take place with the four, why is it not going to take place with the two? Now if you’re going to rescind them back then and only going to do two of them that’s all right two of them it ain’t enough for four. Is four too many? 27 Mr. Mayor: All right, let’s just --- Mr. M. Williams: I mean I’m trying to get, I can make the motion to do it. Mr. Mayor: --- I understand. Mr. M. Williams: But he said --- Mr. Mayor: Suspend, Commissioner. We have a very simple matter that’s before us. It is to take this issue as it relates to the Legislative Delegation and their purview to make this appointment and set it to the side and get it out or our business. Mr. M. Williams: So moved. Mr. Fennoy: Second. Mr. Mayor: We have a motion and a second. Voting. Mr. D. Williams and Mr. Lockett out. Motion Passes 8-0. Mr. Mayor: Okay, all right this is what I want to do. I’m going the start with the stnd Commissioner from the 1 and I’m going to go the 2 and Attorney MacKenzie I know you’re going to write this down but there clearly needs to be a little more work on the matter as it relates to the two Commission appointments. I believe that the posture of the Commission is the desire to go back and make the appointments and or consider the people that they appoint. How do we st do that and do it without breaking the law? The Chair recognizes the Commissioner from the 1. Mr. Fennoy: Yes, this question is for our Attorney. When the members are appointed to the Tax Assessors Board for a four year term and I guess that the vote that we took on April the st 21 that was to extend their terms for four more years? Mr. MacKenzie: That’s my understanding, yes. Mr. Fennoy: And they cannot, we can’t replace them unless what I mean if the thth Commissioner from the 9 and the Commissioner from the 10 had someone else that they wanted to put in those positions they would have to wait four more years in order to do that? Mr. MacKenzie: For this position the answer is generally yes. I would ask that you give us the opportunity to thoroughly research this and come back perhaps at the committee cycle to have a clear answer as to what can be done if anything to allow you to open the door back up with respect to these appointments. But the answer for this Board is they can only be removed for cause once they’ve been appointed within that term. Now if they’re holdovers and they’re just holding over until a new person’s appointed then you can just appoint a new person. Their service would end because they didn’t get a full term by just being holdovers. Does that make sense? 28 Mr. Fennoy: Yes, and I guess that’s the biggest difference between the people that serve on that Board as opposed to someone that served on the Coliseum Authority or what you’re saying --- Mr. MacKenzie: They’re all (inaudible) the Coliseum specifically but there are variations in our different Boards. Some of them automatically end when their term is up and some of them have with the Commissioner, during their term of office can remove them for any reason with or without cause for many of our other Boards. That’s not the case for this Board. Mr. Fennoy: Okay, and I guess what will be helpful for me is to know who could be removed for any reason and I mean the Boards and the Authorities then who could be removed for any reason and who can’t so that --- Mr. MacKenzie: I agree with you. Mr. Fennoy: Okay. th Mr. Mayor: All right, the Chair recognizes the Commissioner from the 6. Mr. Hasan: Thank you, Mr. Mayor. At this point I concur with the Attorney what he just said in terms of giving them time to look closely at this, I can support that, Mr. Mayor. But also I wanted to look at in terms of cause and the causes and reasons we acted on what was put before us and it had more to do with the Department of Revenue’s requirement. So I kind of look at that does that create a cause for us in acting in a sense of urgency. I don’t know, you’re looking at it at a broader sense there may be some other case law out there but I’m just saying when you look at it I can support until you having time to look a closer look at it, I can support that. Yes, I make a motion to give him a chance to look at it to give the Attorney a chance to look at it. Mr. Mayor: Okay all right, okay all right just hold for that I’m going to come back to th you okay? All right the Chair recognizes the Commissioner from the 4. Mr. Sias: Thank you, Mr. Mayor. And one other thing I would like while the Attorney’s doing that research one of the things that I noticed in this particular, in the particular ordinance or guidance for the Commission it said this discussion will be going on to us it would be a good time to clarify. It says three of those six members had to reside in District 9 and three had to reside in District 10 which is any one of those eight districts. So is that a Commission appointment or is that a group appointment from the Board itself as ten or from those Commissioners in each one of those related Super Districts. I just need to have that clarified as well while you’re doing the research because many of our Board appointments it specifically says that the Commission appoints them and in this case is says the Board but whatever he resides at. I would just like to know for sure exactly how is that. Thank you. th Mr. Mayor: All right, the Chair recognizes the Commissioner from the 9. 29 Mr. M. Williams: Thank you again, Mr. Mayor, I’m really I guess troubled here with what has been said. Now if they had in place like they had been for a long time and been held over but this body who was gave information that was not true we had to make a decision. And I st spoke at that particular meeting on April the 21 2015 and said we can’t do that but this body chose to listen to what was told to us that we needed to do that because of the digest and all the other qualifications that go along with that. And I said that I was going to challenge that so we were mislead. The Board was held over and had been held over all this time and they could’ve stayed held over until we reappointed, didn’t have to wait until the end of the year because we had the authority to reappoint. But we was told and you can’t trick this Board into voting for somebody for four more years. Now that don’t make good sense. Now I don’t know what lawyer in the country would even consider that that was, we were led falsely. So I don’t see how that could even be a conversation to say that we voted on something that we would normally do when we told we were up against the wall we had to go because the digest was coming up and blasé. So I take issue, I’ve got no problem waiting but I take issue when the Attorney sits there and tries to politic. And I think that’s what he’s doing, I don’t know that I just think that’s what he’s doing. He’s trying to walk down the middle and you’ve got to go to the right or to the left. If it’s right it’s right if it’s wrong it’s wrong and I don’t think he’s doing that. Mr. Mayor: All right, Commissioner, thank you so much. Thank you. All right here’s th where we are. The Chair’s going to recognize the Commissioner from the 6, he’s going to make a comprehensive motion about the research and/or appointments of the Commission and Tax Assessor. All right. Mr. Hasan: Mr. Mayor, I’d like to make a motion that we give the Attorney time to look closely at these and try and look at the cause that we can possibly at this point make in terms of st the appointments that we made on April the 21 for Super District 9 and Super District 10 appointees and get back to this body in a very short period of time. Ms. Davis: Second. Mr. Mayor: All right, so really, Madam Clerk, we don’t have to vote on it. I think this is really a directive that you know we’d like to see happen. We don’t have another agenda item? The Clerk: We have the one on the addendum agenda. Mr. Mayor: Okay, I thought we took that one up. The Clerk: No, sir. Mr. Mayor: That’s was item number two, right, that we added? Okay all right so Attorney MacKenzie you’ve noted it and we’ll follow up on that. The Chair recognizes the Mayor Pro Tem. Mr. Smith: Thank you, I appreciate it, Mayor. Could we get somebody Mr. Ross or someone who’s familiar with this committee come up and just give an overview of what we look for because I think this is the type committee that affects most of the citizens around Richmond 30 County. And we need to be clear on what we’re looking for. I don’t think you, I mean it’s just like putting somebody like me on there on the taxes I don’t know anything about it. Is there something that has to be done special to be on this Board and then plus this Board is paid, you know, fairly well for what they do and I think it should be because I understand again what I’ve heard is they have attend classes and courses to keep up with the latest standards. And so I’d like to get someone to come up and just speak briefly about what we’re looking for. Mr. M. Williams: It’s just like being a Commissioner. Mr. Mayor: Yeah, well, I appreciate that. Mr. Smith: I learned from you, Marion. Mr. Mayor: Here’s what we’re going to do Commissioner Smith when the Attorney gets back with the information that Commissioner Hasan has requested I think at that point in time we’ll bring the appropriate folks forward, not only the Tax Assessor but we’ll bring the Tax Assessor’s Board attorney as well so that they can speak to any and all matters. At this point we’re going to move on to the item that’s been added to the agenda item number two. Thank you, sir. The Clerk: ADDENDUM 33. Approve Supplemental Agreement No. 2 between the Department of Transportation, State of Georgia and the City of Augusta for James Brown Streetscape Phase 1 (P.I. #0009126) to extend the completion date for the project to December 31, 2016) Mr. M. Williams: So moved. Mr. Davis: Second. Mr. D. Williams and Mr. Lockett out. Motion Passes 8-0. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of The Augusta Richmond County Commission held on October 6, 2015. ______________________________ Clerk of Commission 31 32