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HomeMy WebLinkAboutRegular Commission Meeting December 1, 2015 REGULAR MEETING COMMISSION CHAMBER DECEMBER 1, 2015 Augusta Richmond County Commission convened at 2:00 p.m., December 1, 2015, the Hon. Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Sias, Frantom, M. Williams, D. Williams, Hasan, Davis and Smith, members of Augusta Richmond County Commission. st Mr. Mayor: All right, we’re now at the place of the December the 1 meeting. I hereby call this meeting to order. Madam Clerk. The Clerk: PRESENTATION(S) A. Ms. Brenda Durant and Mayor Hardie Davis, Jr. presentation of City Arts Grant Awards. Ms. Durant: Thank you very much. I’d like to introduce Mary Jones, Executive Vice- President of the Arts Council who handled our City Arts Grant Program this year. Ms. Jones: Good afternoon, Mayor Davis, Commissioners, Ms. Jackson, citizens. On behalf of the arts based organizations that are non-profits in our community the Greater Augusta Arts Council Board and Staff thanks you for your continued support of the Arts. Funding through the 2015 Annual City Grant Program enables organizations to provide programming and educational opportunities throughout Augusta Richmond County. It helps promote metro Augusta as a cultural destination, it builds the capacity and stability of Augusta’s art and cultural organizations and it provides arts programs and activities to underserved audiences. This year 15 grants totaling a little more than $71,000.00 will be awarded to deserving arts based organizations that are rooted in Augusta Richmond County. You’ll find additional information in your packet. These organizations train, teach, coach and motivate current and aspiring artists and bring more than $4 million dollars in revenue to our great city. They’re essential in enhancing the economic development of our community as well as the quality of life for our citizens. Before we award the grants I want to express my personal appreciation and appreciation of the Arts Council Board to those persons who served on our selection committee. I saw one person here, Daniel Evans, and so we really appreciate that support. You’ll find additional information on those who served in your packets as well. And now for the big moment, ready, okay, okay. First up is the Augusta Ballet. The Augusta Ballet is organized for cultural and educational purposes. One if its objectives is to enhance the cultural experience of the citizens of the CSRA by providing the highest quality dance performances by culturally enriching the lives of children including those who otherwise would not have access and by providing artistically aberrational opportunities with other cultural arts organizations. Accepting this award is Mr. Larry Borrato who is the Executive Director, thank you, Larry. The Augusta Choral Society, ACS is the symphonic chorus of the CSRA. It provides the opportunity for talented singers in this area to sing great chorale works and for residents of this community to get to enjoy performances of great chorale literature. Thanks again, accepting this award is Ms. 1 Carolyn Dolan who is the president of the Augusta Chorale Society. Thank you, Carolyn. Augusta Concert Band. Accepting this award is Mr. Larry Fetters who is the treasurer of the Augusta Concert Band. This band is the community organization made up in entirely of volunteers who give generously of their own time and their talent to provide musical entertainment throughout Augusta Richmond County at no charge. Thank you, sir. The Augusta Mini Theater. The mission of the Augusta Mini Theater, Inc. is to provide affordable arts instruction and performances to develop the artistic and life skills for use in our community. Accepting this award is Ms. Judith Butler who is the Artistic Director of the Augusta Mini Theater, thank you. The Augusta Players. The Augusta Players produce musical theater productions of the highest quality providing extraordinary opportunities for aspiring artists to perform and gain proficient training. Accepting this award is Mr. Jack Swaggart who is the President of the Augusta Players. Dance Augusta. Accepting the award is Mr. Chad Fowlers who is a board member. Dance Augusta provides professional quality dance performances for the community encouraging and enhancing a greater public awareness and appreciation of dance as an art form, thank you, sir. Gertrude Herbert Institute of Art. Since 1937 the guiding mission of the Gertrude Herbert Institute of Art has been to provide opportunities for visual art education and to develop visual art awareness and appreciation throughout the greater Augusta community. With 78 years under its belt I’d like to think of Gertrude Herbert as the grandmother of art in our community. Accepting the award is Ms. Heather Williams who is the Executive Director. Thank you. Harry Jacobs Chamber Music Society. Harry Jacobs Chamber Music Society brings world class international chamber music to the Augusta area for six concerts annually. Additionally talented local musicians are invited to perform in concerts in private homes. Also, performing in Augusta the world class musicians visiting our community conduct outreach clinics in our schools to inspire young music students. Accepting this is Mr. Quentin Carver who is the Executive Director. Thank you, Mr. Carver. Imperial Theater, Inc. The mission of the Imperial Theater, Inc. is to preserve the historic Imperial Theater in downtown Augusta and provide a classic venue for performing arts groups, artists and audiences from Augusta and the surrounding area. Mr. Charles Scavullo. I probably did that wrong, okay I got that right? Okay, is the Executive Director, thank you, Charles. Jessye Norman School of the Arts, JNSA develops students to become creative, caring, visionary responsible citizens through the transformative power of the arts. Accepting the award today is Mr. Gary Dennis the Executive Director. Thank you, Gary. Le Chat Noir. Le Chat Noir’s mission is to strengthen and enhance our commitment and ability to provide quality entertainment to the CSRA. Le Chat provides an outlet for all forms of performing arts and fosters and develops new programs to assist in personal development of artists, writers, performers and directors. Chris Bailey is their Executive Director. Morris Museum. The Morris Museum of Art introduces the world to the visual culture of the south through art and ideas that inspire, educate and engage all people. Accepting the award is Mr. Kevin Grogan, the Executive Director. Thank you, Kevin. Sacred Heart Cultural Center. Built in 1898 Sacred Heart is a staple in our community. Once a Catholic church the facility was rescued and reopened in its present format in 1987. Today Sacred Heart is listed on the National Registry of Historic Sites and functions as a center for cultural activities. Accepting the award is Ms. Sandra Fenstermacher who is the Executive Director. Thank you, Sandra. Story Land Theater. Story Land Theater presents live quality theatrical productions performed by adults for children and family especially those who otherwise might not have the opportunity to experience the magic of theater. We dramatize excellent locally written original plays and musicals with fairy tale themes and imaginative sets, costumes, lighting and special 2 effects to expose children to the finest theater in the Central Savannah River Area. Accepting the Award is Ms. Barbara Feldman, the Executive Director. Symphony Orchestra of Augusta. The mission of the Symphony Orchestra of Augusta is to share the joy of great musical performances with our audience together we are music. Founded in 1954 by Mr. Harry Jacobs, Symphony Orchestra of Augusta is the only professional orchestra serving more than 600,000 residents of the CSRA. Accepting this award today is Ms. Anne Catherine Murray, the Executive Director. Okay that concludes again we want to thank you, sir and Commissioners and Ms. Jackson for your support of the arts, thank you. (APPLAUSE) Mr. Mayor: I want to take an opportunity and thank all of our arts community for the great work that they do and the impact that they make in our community. Also want to thank the commission, the commission for their leadership in making these things possible along with the support of our Administrator. Anybody else who would like to make comments with regards to that I’d be happy to entertain that at this time. All right. The Clerk: DELEGATIONS B. Mr. Bobby G. Hankerson regarding street lights on Barton Chapel Road due to increased traffic. Mr. Hankerson: Good afternoon to Mr. Mayor, Mayor Davis, to our Commissioners first of all thank you for the privilege to come before you and I thank you for serving the City of Augusta in your districts. Thank you for all your daily sacrifice. We come today, I come with a delegation of citizens from the Barton Village Community, Barton Chapel, Cherry Hill are very busy sections of Augusta, Georgia. I come today because of the fact for those two areas, the center line on Barton Chapel Road one side of District 5 and the other side of District 4 so that makes us fortunate to have three commissioners to represent us and they’re working very hard, Commissioner Lockett, Commissioner Sias and our senior Commissioner Marion Williams and also our Mayor so we’re starting off real good with my request. And I know that they recognize the problem that I’m about to talk about but the seriousness of it you have to be there every day. I didn’t come today to for political posture or to accept glorifications. I came today because I do have other delegates I ask that you stand with me from Breeze Hill Subdivision and Barton Village as well as these are property owners, thank you, taxpayers. I come to make it known to you of a very serious problem that we have on Barton Chapel Road. I don’t know whether you’ve been down Barton Chapel Road lately like 6:00 a.m. in the morning or 5:00 p.m. in the evening, the traffic is bumper to bumper. Barton Chapel Road has become a very congested dark road from 6:00 a.m. daylight to 4:30 to 6:00 a.m. daily. We have at least we’ve had at least three fatalities in the last two years most recently just a few months ago on Barton Chapel Road. We believe that these fatalities occur mainly because of darkness and the absence of street lights to see the pedestrians crossing the street. The children and adults are crossing Barton Chapel Road going to the convenience store, adults going to the package store, children going to school, and citizens going to church Broadway Baptist Church. We have new developments coming into this area the housing Augusta Housing is building a new Auburn Development is on the way now and also a new Family Dollar store is being erected as I speak right in the same area which will increase the pedestrian traffic crossing Barton Chapel Road. During the dark hours we cannot 3 see pedestrians crossing the street, the traffic as I say it again you have to come through there in the evening time and it is bumper to bumper. The citizens in Barton Village are having problems even coming out of London Boulevard on to Barton Chapel Road now problems that did not exist before but they’re having problems and having to wait for long periods of times and sometimes just turning around and trying to find another route. There’s a great need for street lights on Barton Chapel Road before another tragedy happens and we don’t want to see that tragedy happen. It could be a child, could be an adult but pedestrian lives matter to all of us and I know they matter to you. So therefore we are making a request for your help that you would help us that we’ll be proactive before another tragedy happens. And we’re asking that you erect street lights on Barton Chapel Road and make sure that the lights are from Deans Bridge Road to Gordon Highway which is an artery that from south Augusta Deans Bridge Road traffic is coming through Barton Chapel Road going over to Gordon Highway. We’re close to Fort Gordon and traffic is just increasing. Also we’re asking that you would erect pedestrian signs on Barton Chapel Road, crosswalks to designate places for the citizens to cross, they’re crossing everywhere. At night time you come through you almost hit someone in dark clothes that they’re trying to cross the street going to the convenience store, children and so forth. Also the citizens on Barton Chapel Road would like to see a traffic light at London Boulevard and Barton Chapel Road. We also to help eliminate the problem we would love to see that our sidewalks to be cleared of debris and overgrowth that would encourage the pedestrians to use the sidewalks instead of using the street. We have nice sidewalks that were well built back some time when I was on commission, Commissioner Williams, when we did the construction of Barton Chapel Road widening it so we have nice sidewalks we just need the debris the grass the overhanging south Augusta we just need that cleaned up so we can use the sidewalks. We’re not asking for bicycle trails, we just asking for sidewalks so the citizens can walk. And as my time is winding up if I had a little more time in my closing the funding source that I’m sure that if we look hard enough if we look at SPLOST IV, SPLOST V some of the other SPLOSTs there’s some maybe some unspent money in there. Let’s not wait for this to happen again. As the watchman said, Mr. Mayor, warning the people is a danger if we don’t warn them the blood will be on our hands and I know that our commissioners will help us in this effort. Thank you very much. Mr. Mayor: Former Commissioner Hankerson, I think you’re going to have a few st questions. I’m going to recognize the Commissioner from the 1 the Engineering Chairman Commissioner Fennoy and then I’m going to go down the line. Commissioner Fennoy. Mr. Fennoy: Commissioner Hankerson --- Mr. Hankerson: Yes, sir. Mr. Fennoy: --- has this issue been addressed with our Traffic Engineer, have you talked to our Traffic Engineer about safety issues along Barton Chapel Road and the need for lights? Mr. Hankerson: Well, when I was a commissioner I used to do that but now I just call my commissioners and hope I’m pretty sure that they have asked and looked into that but I do respect my commissioners first now as a citizen --- Mr. Fennoy: Okay. 4 Mr. Hankerson: --- so I don’t know whether they know about it. Mr. Fennoy: Okay. th Mr. Mayor: All right, the Chair recognizes the Commissioner from the 5. Mr. Lockett: Thank you, Mr. Mayor. You refer to as Commissioner but I’m going to refer to you as Reverend because I think that is a pay grade higher. Mr. Hankerson: Thank you, sir. Mr. Lockett: Reverend Hankerson, I do understand and agree completely with what you said. Some people want to believe that south Augusta, some people don’t like to hear the word south Augusta but they say it’s dead but it’s not dead, it’s thriving. But we need to have some maintenance not only on Barton Chapel but on Milledgeville where it intersects with Barton Chapel. Thank God I was able to get a red light put there but we do need some more red lights, and I can assure you that coming up in 2016 because we’ve got the storm water fee and SPLOST that passed and so forth we’re going to have a major cleanup in this city. And there’ll be no excuses anymore for the overgrowth to cover the sidewalks and so forth. And there’s many, many places out there and I personally and I know Commissioner Sias and Commissioner Williams will give me their support in getting with the Engineering Department and see if we can make sure that these things are done because they are needed and like you said we were fortunate enough to have the community development to be building those facilities out there by Broadway and we have the school there. So we’re trying to bring that area up to what it could be because the better we do there the property values are going to go up and in turn more taxes will be paid. So that’ll be a win for everybody and I thank you for appearing before us. Mr. Hankerson: Thank you, thank you very much and let me commend you and the Commission and the state for those lights up Deans Bridge Road coming up to Wal-Mart, it sure would look good on Barton Chapel Road. Mr. Mayor: All right, you’ve got one more, Commissioner Sias. Mr. Sias: Thank you, sir. Reverend Hankerson, I’m glad to see you make that presentation today and what some of the members from mine and Billy’s desk I don’t want to say my crew over there but we’ve had some talks about Barton Chapel Road. The problems getting out of London Boulevard and we worked on some issues with that but at this point, Mr. Mayor, I’ll be short. I just ask that our Traffic Engineers that we will look into this and come back to us with some information on that and we’ll just cut through the chase and ask them to look at that. We got that back there? Thank you, thank you, Mr. Mayor. th Mr. Mayor: The Chair recognizes the Commissioner from the 8. Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Hankerson, thank you for coming up here before this body. It’s probably on your last paragraph that you did not get to is I actually work 5 off Barton Chapel Road and the red light right there at Gordon Highway and Barton Chapel is a dangerous intersection with no turn signals. If we had that to the list, Mr. Cassell, if that’s possible to get DOT on that 5:00 o’clock all the way to Wrightsboro Road that road’s backed up because of that turn signal. Thank you. Mr. Mayor: Reverend Hankerson, do you have a list that you shared with us of what you just communicated to us do you have that written down? Mr. Hankerson: Yes, I have it written down. Mr. Mayor: Okay and that includes a list of where those intersections are where the lights need to be, is that correct? Mr. Hankerson: Well, the lights as I stated from Barton Chapel Road to Deans Bridge Road to --- Mr. Mayor: Do you mind sharing --- Mr. Hankerson: --- to Gordon Highway. Mr. Mayor: --- do you mind sharing that with the Engineering Director Mr. Cassell? Mr. Hankerson: (inaudible). Mr. Mayor: Okay, thank you so much. Mr. Hankerson: Thank you very much. Mr. Mayor: Madam Clerk? DELEGATIONS C. Mr. Moses Todd regarding rescinding Dr. Charles Smith proclamations/comment on 2016 budget. Mr. Todd: Mr. Mayor, members of the Commission my name is Moses Todd. I reside at 2115 Nolan Connector. This is a request. Back when I sat on the Commission we recognized the (unintelligible) sound of the south Josie and the Band and Dr. Smith, the band director. And I think it would be appropriate in the sense that his teaching accreditation has been rescinded by the Professional Standards Board of the State of Georgia that this government to no part of yours, none of you was here, rescind any proclamation, accolades, et cetera to Dr. Smith and I make this as a request to the Commission to look at. Also when I requested that it be put on the agenda I copied to the Clerk, I copied the Administrator, Legal Counsel and the Mayor’s Office in the sense that I know that you won’t be able to do that today. It’s something that would need to be looked at and possibly done later and I certainly appreciate your consideration there. My other comment is on the 2016 budget which you put money into contingency so I’m not that concerned but there is a possibility per the Constitution of the State of Georgia that there’s going 6 to be a special election or a ballot issue in 2016 and that’s to repeal the storm water fee. And I think it would be appropriate that you guys and when you’re doing the budget especially the probate judges’ budget and the Election Board that you consider that. We’re working to try to make sure that it’s not a special election but we don’t have a whole lot of control when we turn this petition drive up when we finish it and turn it over it over to the probate judge there will be limited time per the Constitution, well there’s a specific time per the Constitution for the probate judge to call in the election and that may be a special election. And I’d like to at this time thank you for all of your hard work on the budget. We’re never going to totally agree on a budget. I would certainly you know and this is a problem that we have so this when I was there so this is constructive criticism is that I attended the budget sessions and it seems to me there was a great deal of time spent on two budget issues, one was travel pay and the other was what was going to do with the unslated funds the $500,000 dollars. And I think that maybe this happens sometimes because we don’t look at the overall budget or we depend on the Finance Director for most of it. But certainly I think that it would be appropriate to say that when I was on the board we had this problem and it seems that it continues in that maybe we can improve upon that and do a better job of going through the budget and discussing the budget issues. Thank you for your time and I’m going to have to run to union election so I won’t be able to stay so it’s not that I’m not interested in what you’re doing all the fine work ya’ll do. Mr. Mayor: Thank you, Mr. Todd, I appreciate it. Mr. Lockett: Mr. Mayor, I had my hand up. Mr. Mayor: All right --- Mr. Lockett: I want to get him before he runs out. Mr. Mayor: --- Commissioner Lockett, just one minute. All right I’m going to start on this end I saw a hand down here first and then I’m going to come all the way to your end. The th Chair recognizes the Commissioner from the 6. Mr. Hasan: Thank you, Mr. Mayor, I appreciate that. Mr. Todd, a quick question. I understand your request in terms about Dr. Charles Smith but I also might be making mindful that there were young people in those bands that participated in that, it was not just singling him out in terms of recognition. And I don’t know whether the government ever done how that was done I don’t really know if that was during your tenure but I just wanted you to be conscience of that that there’s was young people that was in that band that that may concern. It would be more appropriate I would think that some of those young people who actually participated in that band and came down here and ask us to consider that I don’t know how much legal we have but I’m just conscious of them as we consider or even be considered in terms of your request. Mr. Todd: Yes, Commissioner. th Mr. Mayor: The Chair recognizes the Commissioner from the 5. 7 Mr. Lockett: Thank you, Mr. Chairman. Mr. Todd, a couple of things. The allegations that were made against Dr. Smith are extremely serious allegations. But in this country one is innocent until proven guilty. And so if I understand what you are recommending that we take an action against him based on allegations that have been unfounded I don’t think that’s the way we should go and that’s all I’m going to say about that. But let me say about this you acknowledged and I appreciate the fact that you acknowledged that when you were a commissioner you all didn’t do many things that you should’ve done as far as infrastructure is concerned. And there were many commissions after you and before you that didn’t and now we are trying to play catch up. With the storm water fee that was passed according to the consultants and the Engineering department with the amount of money we’ll collect will possibly bring us up to a grade of B+. Everybody is talking about economic development. We’re trying to bring people of this community where we’re going to have to make those tough decisions but when we’ve got people out there that’s second guessing everything we’re doing and going to the media with it that does not help us at all. Thank you, Mr. Mayor. Mr. Todd: Mr. Mayor, a correction --- Mr. Mayor: All right --- Mr. Todd: --- we possibly have a miscommunication that wasn’t what I said in reference to the previous commission. Mr. Mayor: --- Mr. Todd, we had this conversation before we aren’t here to debate these matters. We recognize folks from the community that want to come and speak but what we don’t want to do is we don’t want to debate these matters. Okay, thank you, sir. The Clerk: I call your attention to our consent agenda which consists of items 1-26, items 1-26. For the benefit of any objectors to our alcohol petitions once those petitions are read would you please signify your objections by raising your hand. I call your attention to: Item 1: Is a request for a retail package Beer & Wine License to be used in connection with Super Express #2 located at 1502 Central Avenue. Item 2: Is a request for a retail package Liquor, Beer & Wine License to be used in connection Steven Creek Wine and Spirits located at 1061 Stevens Creek Road. Item 3: Is for a request for a retail package Beer & Wine License to be used in connection with Wal-Mart #2465 and Wal-Mart Fuel Center located at 3697 Windsor Spring Road. The Clerk: Are there any objectors to any of those alcohol petitions? Mr. Mayor, members of the Commission, our consent agenda consists of items 1-26 with no objectors to our alcohol petitions. Mr. Mayor: All right at this time I’ll entertain any motions to add to the consent agenda th or remove items from the consent agenda. The Chair recognizes the Commissioner from the 8. 8 Mr. Guilfoyle: Thank you, Mr. Mayor. Underneath the Finance Committee I’d like to consent items number 31, 32, 33 and 34, Madam Clerk. The Clerk: Thirty-four sir? Mr. Guilfoyle: Yes, ma’am --- The Clerk: Okay. Mr. Guilfoyle: --- if my colleagues don’t have a problem with that. th Mr. Mayor: All right, the Chair recognizes the Commissioner from the 5. Mr. Lockett: Thank you, Mr. Mayor. I would also like to consent agenda items number 28, 29, 30 and I’d like to pull agenda item number 10. Mr. Mayor. All right, I’m going to let him get that. All right, Madam Clerk, you have those? The Clerk: Yes, sir. th Mr. Mayor: Okay the Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor, I’d like to add item 35 to the consent agenda. Mr. Lockett: No consent. Mr. Mayor: Well, are you raising an objection? Any other motions? Mr. Guilfoyle: Motion to approve. Mr. Lockett: Second. The Clerk: Who was that, Mr. Guilfoyle and Mr. Lockett? Thank you. CONSENT AGENDA PUBLIC SERVICES 1. Motion to approve New Ownership Application: 15-59: request by Ritaben S. Patel for a retail package Beer & Wine License to be used in connection with Super Express #2 located at 1502 Central Ave. District 1. Super District 9. (Approved by Public Services Committee November 24, 2015) 2. Motion to approve New Ownership Application: 15-60: request by Keith L. Axelson Sr. for a retail package Liquor, Beer & Wine License to be used in connection with Stevens Creek Wine & Spirits located at 1601 Stevens Creek Rd. District 7. Super District 10. (Approved by Public Services Committee November 24, 2015) 9 3. Motion to approve New Application: 15-61: request by Chad Emory Lord for a retail package Beer & Wine License to be used in connection with Wal-Mart #2465 and Wal- Mart Fuel Center located at 3697 Windsor Spring Rd. District 4. Super District 9. (Approved by Public Services Committee November 24, 2015) 4. Motion to approve Augusta Port Authority Rental Application and Fee Schedule. (Approved by Public Services Committee November 24, 2015) 5. Motion to approve an increase to the 2015 Augusta Public Transit Budget in the amount of $700,000.00. (Approved by Public Services Committee November 24, 2015) 6. Motion to approve a request by Melissa Scott for a Dance License to be used in connection with Harpo’s located at 2864 Deans Bridge Rd. There will be Dance. District 2. Super District 9. (Approved by Public Services Committee November 24, 2015) 7. Motion to approve a recommendation by the Planning & Development Department to amend Augusta, Georgia Code, Administrative and Regulatory Fee Structure, Section 2-1- 3©, so as to establish the regulatory fees for temporary consumer fireworks sales and consumer fireworks special use permits, and to provide an effective date. (Approved by Public Services Committee November 24, 2015) ADMINISTRATIVE SERVICES 8. Motion to approve the revocation of the contract with Cigna for Universal Life and to negotiate an agreement with a vendor to offer the coverage elected by employees as well as new enrollments without requiring an Evidence of Insurability (EOI). (Approved by Administrative Services Committee November 24, 2015) 9. Motion to reauthorize the ordinance designating the Laney-Walker Enterprise Zone. Originally approve by Commission May 21, 2002. (Approved by Administrative Services Committee November 24, 2015) PUBLIC SAFETY 11. Motion to approve a request by the Richmond County Sheriff’s Office (RCSO) to accept an award from the Department of Homeland Security (DHS) in the amount of $12,500.00 to participate the statewide CBRNE program. This program is administered through the Georgia Emergency Management Agency (GEMA). (Approved by Public Safety Committee November 24, 2015) 12. Motion to approve the allocation of funding for the Richmond County Sheriff’s Office (RCSO) in the amount of $105,200.00 to implement the Governor’s Office of Highway Safety HEAT Grant. (Approved by Public Safety Committee November 24, 2015) 13. Motion to approve a request by the Richmond County Sheriff’s Office (RCSO) to purchase ballistic vests for the agency. The agency will need to replace approximately 198 ballistic vests. The agency will purchase the vests from DGG Tactical of Jacksonville Florida, (Bid #15-186) 87 vests for 2015 - $99,615.00; 111 vests for 2016 - $127,095.00; Total dollars $226,710.00. (Approved by Public Safety Committee November 24, 2015) 14. Motion to approve the selection of R.L. Wiley Electrical Contractors to perform upgrades to Information Technology’s Uninterruptable Power System (UPS) (Approved by Public Safety Committee November 24, 2015) 15. Motion to approve a three (3) year continuation for AT&T service contracts to provide upgrade flexibility and reduce operating costs. (Approved by Public Safety Committee November 24, 2015) 10 16. Motion to approve purchase of desktop radio console equipment using funding originally approved for laptop radio console and additional E911 funds. (Approved by Public Safety Committee November 24, 2015) ENGINEERING SERVICES 17. Motion to approve award of Construction Contract to JHC Corporation in the amount th of $871,733.20 for Transportation Investment Act (TIA) Project, 11 Street Bridge Rehabilitation over Augusta Canal as requested by AED. Award is contingent upon receipt of signed contracts and proper bonds. (Bid 15-211A) (Approved by Engineering Services Committee November 24, 2015) 18. Motion to approve award of Construction Contract to JHC Corporation in the amount th of $1,704,045.90 for Transportation Investment Act (TIA) Project, 15 Street Bridge Rehabilitation over Augusta Canal as requested by AED. Award is contingent upon receipt of signed contracts and proper bonds. (Bid 15-211A) (Approved by Engineering Services Committee November 24, 2015) 19. Motion to approve Professional Services Change Order in the amount of $122,000.00 for a route realignment and re-design of the 36” sewer main to WK Dickson. (Approved by Engineering Services Committee November 24, 2015) 20. Motion to approve award of Construction Contract to JHC Corporation in the amount of$1,124,388.80 for Transportation Investment Act (TIA) Project, Broad Street over the Augusta Canal (Bridge Repair & Restoration) as requested by AED. Award is contingent upon receipt of signed contracts and proper bonds. (Bid 15-211A) (Approved by Engineering Services Committee November 24, 2015) 21. Motion to approve contracts with Woolpert and Azteca for the implementation of Cityworks Software and associated hardware for the Augusta Engineering Department. (Approved by Engineering Services Committee November 24, 2015) 22. Motion to approve landscaping budget in the amount of $45,000 for improvements to the James Brown Plaza. (Approved by Engineering Services Committee November 24, 2015) 23. Motion to approve award of Construction Contract to JHC Corporation in the amount of $470,995.00 for Transportation Investment Act (TIA) Project, Milledgeville Road Bridge Maintenance at Rocky Creek as requested by AED. Award is contingent upon receipt of signed contracts and proper bonds (Bid 15-211A) (Approved by Engineering Services Committee November 24, 2015) 24. Motion to approve award of Construction Contract to Reeves Construction Company in the amount of $245,136.00 for Transportation Investment Act (TIA) Project, North Leg Road Improvements Project-Phase 1 as requested by AED. Award is contingent upon receipt of signed contracts and proper bonds. (Bid 15-222) (Approved by Engineering Services Committee November 24, 2015) PETITIONS AND COMMUNICATIONS 25. Motion to approve the minutes of the Special Called meeting of the Commission held November 24, 2015) APPOINTMENTS 11 26. Motion to approve the reappointment of Thomas Robertson to the Augusta Canal Authority representing District 3. PUBLIC SAFETY 28. Motion to accept 2015-2016 VOCA Continuation grant award in the amount of $30,000 from the Criminal Justice Coordinating Council (CJCC) to the Solicitor’s Office for the Victims/Witness Assistance Program. 29. Motion to accept 2015-2016 VOCA New Funding Grant Award in the amount of $30,000 from the Criminal Justice Coordinating Council (CJCC) for the Solicitor’s Victim/Witness Assistance Program. 30. Motion to accept supplemental VOCA grant award in the amount of $54,400 from the Criminal Justice Coordinating Council of Georgia relative to the District Attorney’s Office Victim/Witness Assistance Program. FINANCE 31. Motion to approve a request by the Augusta Fire Department for the purchase of one F-250 with Utility Body to replace a vehicle totaled on July 2, 2015) 32. Motion to approve the acquisition of one Chevrolet Tahoe Police Vehicle for the Sheriff’s Office, Civil Transport Division, using Phase VI of the Sales Tax Account funds. 33. Motion to approve the purchase of 2 mid-sized hydraulic excavators with transport trailers for Augusta Utilities Department – Construction & Maintenance Division. 34. Motion to approve the purchase of mid-sized hydraulic excavator with transport trailer for Augusta Utilities Department – Facilities Maintenance Division. Mr. Mayor: Voting. Motion Passes 10-0. [Items 1-9, 11-26, 28-34] The Clerk: Mr. Mayor, we’re headed for the pulled items? Okay. The Clerk: ADMINISTRATIVE SERVICES 10. Motion to reauthorize the ordinance designating the Rocky Creek Enterprise Zone. Originally approved by Commission May 21, 2002. (Approved by Administrative Services Committee November 24, 2015) th Mr. Mayor: The Chair recognizes the Commissioner from the 5. : Mr. Lockett Thank you, Mr. Chairman. Mr. Chairman and colleagues, I would like to pull agenda item number 10 because the designated, designation Enterprise Zone which is been that way since 2002 hasn’t been effective at all. But I and some of the other people that I’ve spoken with feel that if we have a combination of an Enterprise Zone or a TAD that we can probably get some movement in this particular area of Rocky Creek. And so I would hope I would get the support for us to delete this today and come back I guess prior to the end of the year with a plan. 12 th Mr. Mayor: All right. The Chair recognizes the Commissioner from the 4. Mr. Sias: Motion to delete item 10. Mr. Lockett: Second. Mr. Mayor: We’ve got a motion and a second. Mr. M. Williams: You have an objection, Mr. Mayor, I need to hear --- th Mr. Mayor: I understand. All right the Chair recognizes the Commissioner from the 9, state your objection. Mr. M. Williams: Yes, sir, Mr. Mayor, I need to hear from the Housing Neighborhood Director who or has some expertise more so than my colleagues up here who know a lot about a lot of things but nothing about enterprise. Mr. Lockett: I would appreciate it if you didn’t do that, Commissioner. I mean you’re making yourself look bad. Mr. Mayor: All right, all right. Mr. M. Williams: Mr. Mayor --- Mr. Mayor: No, no, we’re going to maintain --- Mr. M. Williams: No, no, I had the floor. I didn’t attack anybody --- Mr. Mayor: Commissioner Williams --- Mr. M. Williams: --- I did not attack anybody. Mr. Mayor: --- I know you didn’t. Mr. M. Williams: I asked for an expert to come up who supposed to have the knowledge to tell us what we need to know, not people who think they know. Mr. Mayor: You did. Mr. M. Williams: Okay so if you can’t stand the heat you all not be in the kitchen. Mr. Mayor: All right, pursuant to the rules we’re going to maintain the quorum and be professional. There will be no personal attacks pursuant to the rules. The Chair recognizes Director Welcher. 13 Mr. Welcher: Mr. Mayor and members of the Commission, your question is related to the Enterprise Zone versus TAD. Enterprise Zones, what they are is investment tools that are a great benefit to homeowners and/or to small business owners where an Enterprise Zone provides a tax break, tax exemption or a tax credit to a particular parcel homeowner and/or to a particular small business owner. In order to be able to apply or be I guess acknowledged to be an Enterprise Zone you have to for a homeowner you have to increase the property value and improve it by five homes. In order for a small business owner to realize the tax exemption via Enterprise Zone a small business owner must create five full time jobs. So Enterprise Zones are normally looked at on a one off parcel and they are investment tools that look at it on a smaller scale. If you’re doing larger projects tax allocation districts is the acronym is TAD. Also you have what is known as TIF Districts and what a TAD is it’s an investment tool wherein the increment property taxes are normally paid at the normal rate. But based on growth in a particular area that you have defined as a TIF or as a TAD the increment or the growth in and above that particular property that property tax what happens is the increment goes into a pot and it’s seen as a special fund. The special fund can be used to reimburse said developer for cost (unintelligible) development. So as it relates to Enterprise Zones and TADs you can have both, they’re not inclusive of each other you can have both in one area. Mr. M. Williams: Mr. Mayor, can I follow up? Mr. Mayor: You may. Mr. M. Williams: So, Mr. Welcher, what I’m hearing is that if a homeowner builds in an Enterprise Zone to a certain dollar level and I’m going to leave it like that that would help him by being an enterprise. Can he do the same thing without being an enterprise if it’s a TAD if he builds a home and I’ve got several areas that I know have built homes in the enterprise area and been tax exempt because they had a substantial investment in that particular area and they met the guidelines. So my question to you is would that benefit more businesses or would that benefit more homes to have either one? Mr. Welcher: A homeowner would benefit via an Enterprise Zone . Mr. M. Williams: Okay. Mr. Welcher: And a small business would benefit if they qualify via Enterprise Zone. A TAD which costs about $50,000 to create must be, you have to define the area and the defined area has to, it has to create growth in and above the existing property values. That funding goes into a special pot. There are two different types of TADs. You have what is called a Property Specific TAD, case in point Cabela’s that is known as Cabela/COSTCO that is a Property Specific TAD where you’re taking, you the Commission you’re taking five or seven different parcels and you have defined a specific area. So initially when that was developed all you had was raw land and then from there, you, the growth of construction of Cabela’s and/or COSTCO created an exceeded value. So from the land to the buildings you had a gap of funding so that value went into a special pot that you were all able to use to reimburse the developers up to a certain percent. 14 Mr. M. Williams: And my last question, Mr. Mayor, is do we have any substantial land that we could do a TAD specifically because I’m hearing that Rocky Creek is a residential is more residential area than a commercial. Mr. Welcher: It would be my desire to work with whoever the team is to create a defined a very calculated defined area because what you want to be sure if there is no growth realized then we don’t have any funding to actually reimburse developers so I would state let us work together collectively, meet through the Administrator to create a very calculated defined area in south Augusta where you can have one TAD or two TADs. That way we’re very strategic to be sure that growth is realized because it’s an investment tool so you want to be sure that growth is realized so that you have something in discussion to talk to various developers about when you bring them to the table. Mr. Mayor: All right, the Chair recognizes, I’m going to come to this end and then I’m st going to come back. The Chair recognizes the Commissioner from the 1. Mr. Fennoy: My question’s already been answered, Mr. Mayor. th Mr. Mayor: Thank you, sir. The Chair recognizes the Commissioner from the 5. Mr. Lockett: Thank you, Mr. Mayor. Mr. Welcher, you and I had this discussion. I came in as a student. I asked you questions. You lectured me on what the TAD and Enterprise Zones were and so forth. We even talked about nodes we talked specifically about Rocky Creek. You gave me your suggestions. Based on the suggestions you gave me that’s what I brought to this body. I’m not an expert in this but I am smart enough to go to the people that have the answers and that’s what I always try and do. So this is the reason why that I asked that we delete this so we’ll have an opportunity for further discussion. Thank you, Mr. Mayor, and thank you, Mr. Welcher. th Mr. Mayor: Thank you as well. The Chair recognizes the Commissioner from the 4. th Mr. Sias: Oh no, I was pointing to the Commissioner from the 5. Mr. Mayor: Okay. Mr. Sias: I’m ready to vote. Mr. Mayor: We’ve got a motion and a second to delete the item. Any further questions? There being none, voting. The Clerk: Would you like to vote on this, this item is to delete this item from today’s agenda, Commissioner Hasan? Mr. Hasan: Yes, ma’am. Mr. M. Williams votes No. 15 Motion Passes 9-1. The Clerk: PUBLIC SERVICES 27. Discuss bus service on holidays. (No recommendation from Public Services Committee November 24, 2015) st Mr. Mayor: The Chair recognizes the Commissioner from the 1. Mr. Fennoy: Mr. Mayor, one of the reasons I had this item placed on the agenda is because we have a number of residents in Richmond County that is dependent upon public transportation even on holidays like the day after Thanksgiving, Veterans Day, Memorial Day, Good Friday and even though these are holidays for the city the residents still need a means of transportation to get backwards and forward to work, the day after Thanksgiving to do their shopping. Just this past weekend I went home to Spartanburg, South Carolina for Thanksgiving and buses in a town like Spartanburg were running on the day after Thanksgiving. I think our Transit Director did a presentation at the last committee meeting where we saw most of the holidays in cities like Augusta that public transit still operates. I feel like we’re doing a great disservice to our citizens when we do not provide public transportation on some of these holidays. One of the questions that was asked like why do people why do businesses and industry look at what they think about coming to a city one of the things they look at is transportation. And in order for this body to take Augusta to the next level I believe that we have got to provide public transportation if not all of the holidays with the exception of Christmas and Thanksgiving then we’re doing our citizens a great disservice. So I would like for my colleagues to consider providing in 2016 that we provide public transportation to the residents of Richmond County. Mr. Mayor: All right, I couldn’t agree with you more. Progressive cities have progressive transit systems and they are a viable way of moving people in and around the entire community. I couldn’t agree with you more. The Chair recognizes the Commissioner from the th 4. Mr. Sias: Thank you, sir. In reference to what my colleague is saying about bus transportation on the holidays here’s one thing that, I’m a little disappointed. We, when this issue came to us we have a public transit advisory board and the various things that work on this I’m a little surprised that we couldn’t get some information earlier to tell us about this to see what kind of surveys had been taken so we would have the ability to make a good decision. So I don’t necessarily disagree with you, Commissioner, but I would love to see us get some good information to make a decision. We’ve already did it one transit situation; it was a good idea, it was a good thought but it didn’t work out and we spent a lot of money doing that. That’s not a criticism, it’s the fact that sometimes we want to do what’s right. We know what’s right but we just got to make sure we do the homework to make it work. So for that reason I would like to see a little bit more information and some things defined areas from my transit. If I’m not mistaken I believe we have ten holidays for the City of Augusta ten or eleven. How many, Ms. Bonner? 16 The Clerk: I’ll leave it at that. Mr. Sias: So with that being said do we need to do all the holidays or certain of those holidays or whatever. I just think we should have a little bit more defined information and then make a decision and go forward. Thank you, sir. Mr. Mayor: Commissioner, are you making a motion or are you giving direction to a particular person? What is it you expect to have happen and what is it you want brought back to us? Mr. Sias: That’s a fair question, Mr. Mayor. With that I move that we in support of this item that we request some defined information about the holidays that we feel would be most needed to serve on this rather, some of them or all of them and we get some information not just at this meeting but before this meeting so the commission has a opportunity to digest it, take a look at it and then if we need to pay for it. Mr. Mayor: I’m not sure, I’m not sure I follow what you just said. What is it that’s going to be brought back to us? Mr. Sias: Well, let me repeat that, Mr. Mayor. Mr. Mayor: I want to make sure we clearly know what’s going to be brought back to us. Mr. Sias: Request that in support of this item as I said that we get some information from our Transit folks on the data of how many holidays we have, do we want to support all the holidays or a certain of those holidays that we want to support. And then we will have the information to make a good decision and that gives us the information before we get in a commission meeting or a committee meeting and then we’ll digest it. So let me clarify the motion again. Move that we get some defined information from our Transit folks on the holidays that we feel best serves whether that be all of them or some of those days and we get that as soon as possible. Mr. Frantom: Second. Mr. Mayor: We have a motion and a second. The Chair recognizes the Commissioner th from the 5. Mr. Lockett: Thank you, Mr. Chairman. You know it’s mind boggling how we can come up with some things up here. Just a few minutes ago without any debate we approved approximately $45,000 for landscaping for James Brown down on Broad Street. We’re talking about the same amount for three days; we didn’t ask for all ten days, we asked for three days of transit. Now a couple of years back I took my cars keys out and laid them up here and asked all my colleagues to do the same and I said leave your keys here until the next meeting. And former Commissioner Joe Jackson said if I do that I can’t get home. That’s the point, that’s the point. We have people that don’t have car keys; they don’t have cars. They have to rely on the bus and 17 we’re being very inconsiderate and we’re only talking about forty some thousand dollars. Let’s look at the three days that’s been requested, okay? I mean this is utterly ridiculous. We are the worst in the state of Georgia as far as public transit is concerned and Commissioner Fennoy indicated that when you’re trying to attract business and new people to your community one of the top three things they’re concerned about is public transit. We can talk about economic development all we want to until we get the infrastructure, the public transit, and the education on par we’re going to continue to be a third rate city and I’m tired of it. And one last thing, one last thing, those of you that are extremely transparent and conservative and don’t feel that we should spend money on transportation the Transit Director last meeting came up and said there was a seven hundred thousand dollar mistake. This is why they don’t have the funds to do what they want to. And didn’t a single person ask him about the seven hundred thousand dollar mistake. That was money that came in for transit that went into the general fund. If we had that money we wouldn’t be begging for forty plus thousand dollars now. Thank you. Mr. Mayor: I appreciate it. I think that this is good conversation. It is conversation that needs to be had. It’s high time for us to do something and quit talking about transit as if it were a redheaded stepchild. We need to take care of all of our citizens. The Chair recognizes the st Commissioner from the 1. Mr. Fennoy: Mr. Mayor, in the back of our books Tab 27 there’s a list of like cities such as Athens, Atlanta, Chatham, Cobb, Columbus and Macon and it talks about the services that they provide on holidays. On the page before that it gives a cost to run bus services for ten holidays all the way down to four holidays. And I think one of the things that Patrick did at the last meeting to talk about what it would cost for the bus services to run on three holidays. I don’t know what information our Transit Director can bring back that would add to what’s already presented before us. Again I think to prolong this would be a great disservice to our bus riders. I mean I don’t know what else he could bring to us. Mr. Mayor: So, Commissioner, what you’re telling us is that we have the information that we are about to vote on to go find we already have it. Mr. Fennoy: Yes. Mr. Mayor: Okay and what you’re also telling us is that if we took this information we ought to be able to make a decision today. Mr. Fennoy: I would think so. Mr. Mayor: Okay, all right I appreciate you directing us. Tab 27 in your notebooks if you have them that information is in fact available. There’s a chart that does a comparative analysis of what cities similar to Augusta provide bus service, when, what days with specifics around the holidays. And I want to make sure we give everybody and opportunity to take a look at that it is in fact in your notebooks with the associated costs for what that would cost us. All right the Chair recognizes our Transit Director, Mr. Stephens. Mr. Sias: Mr. Mayor, I guess you missed my hand. 18 Mr. Mayor: No, I did not. In fact there’s a hand before yours, the Commissioner from th, the 6 but I want to give the Transit Director an opportunity to speak to this matter. I’m going to give everybody a chance to talk about it. All right, Mr. Stephens. Mr. Stephens: Yes, sir, thank you. Again last week the paperwork it should be your packet shows the considerations for running on the holidays. There’s three or four key points I think’s important and that is as earlier stated by one of the Commission members often a lot of these holidays where you have government, state and often city employees off. Our private businesses continue to operate. What happens is is that leaves our citizens that have no other form of transportation to look for a way to get to work on those particular dates. Now in your larger transit agencies it’s true they run 365 days a year, et cetera but they’ve got a system in order to take and support that. And on those major holidays the smaller transit agencies like Augusta generally do not run and the reason being is because most of your businesses are closed, your ridership is often down on those particular days and there’s a cost consideration in providing transit compared to your resources that come in through the fare box. Last week when I talked to the committee one of the recommendations that I made is for us to run on three holidays. Again that was Good Friday, Veterans Day and the day after Thanksgiving. Again you can see those three days are typical of most transit agencies running on those days and again it provides those our customers the opportunity to get to work, shopping, doctors’ appointments et cetera and especially on the day after Thanksgiving when everybody’s wanting to get out and take advantage of some of that shopping that’s there. And my recommendation was is to go ahead and run those three days and going forward next year let’s look at the statistics how our ridership et cetera compares in that. And we can make a decision if we keep going but I would say to this committee as we talk to most of the Commissioners et cetera Augusta Public Transit has got the opportunity to improve. We cannot do it overnight, we cannot throw a bunch of money at services that we expect to come but over a long journey going down we have to improve services and I would state to our customers down there that they have to take and help us do that. They’ve got to get on the bus as well as our community business leaders et cetera. We’ve got to be in this together; there’s some things we will do next year to evaluate our system. We’ll talk more about it but that was the information I presented last week. Mr. Mayor: The information you presented suggested three days Good Friday, Veterans Day and the day after Thanksgiving which typically is the busiest shopping day in the country. Mr. Stevens: Yes, sir, that is correct. Mr. Mayor: Okay, at what cost, Mr. Stephens? Mr. Stevens: That cost would be a total of $47,528.00 dollars; that’s at a cost of $15,842 a day. th Mr. Mayor: All right, the Chair recognizes the Commissioner from the 6. Mr. Hasan: Thank you, Mr. Mayor, I appreciate that. Mr. Mayor, initially I was going to make a substitute motion to go with the one day the day after Thanksgiving but after Mr. 19 Stephens’ reinforced his position and reminded us that probably cities of our size normally does not run but at the same time he felt that it was a worthwhile effort in us doing this. I can support the three days. Also I would like to say in terms of what Commissioner Lockett said I mean I agree with everything he said except his last statement when he mentioned about the $700,000 dollars. I think Mr. Stephens I know for myself and I’m hoping I’m not putting throwing up under the bus literally in saying that I think he reached out to a lot of us to share with us to get ahead of that conversation about that $700,000 dollars so and not saying anything I think he done a great job of informing what the concerns was, how he intended to deal with those shortcomings there and how we could stay in a very positive and productive manner as we move forward. So I have confidence in Mr. Stephens’ vision I will support my colleagues supporting those three days so it has my support moving from the one day. Thank you, Mr. Mayor. Mr. Mayor: I appreciate that so very much I think that’s a good place to have a conversation. All right, so I’m going to do this. I’m going to recognize the Commissioner from thth the 9 and then I’m going to come to you, Madam Administrator. Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. I have always been in support of Transit but let me just go back and remember when we rode out to Fort Gordon and we put a bus on and said if we was going to have a bus service that runs from the mall to Fort Gordon and I said then and I still say now you have to grow that ridership; you just can’t put it out there and start it and say it’s going to work. Now we ended up closing that ride, that point from Fort Gordon off but we spent a bunch of money out there trying it. I said to the director I agree with him that we need to improve and I see the bus moving better I see the bus moving better, but we don’t have a place to get out of the rain we don’t have a sign that says bus stop, we don’t have a place if you go shopping and got your baggage you’re going to stand out there in the heat or in the snow if God forbid it does snow I mean there’s a lot of facets to getting this bus service where it needs to be. It’s been like this for a long time and I see it moving, I see it changing, but that same old elephant, Rev. Thomas, you’ve got to eat him one bite at a time you can’t eat the whole thing. Now I know people who said they’re going to use the service so what are we going to do are we going to provide a service but not provide the shelter to get in if we need that or are we going to provide the transportation and not have the ridership. I think the bus situation has been a problem for Augusta when we compare other cities. Let’s just don’t compare the bus either now, let’s look at everything else they’re doing too. You look at the bus situation in Atlanta and Athens you’re going to see a whole different ballgame but look at the other things they do with the economic development coming in. So we’ve got to do the whole gamut if we’re going to part of it don’t just take the part we like that wouldn’t do us anymore. Now we pick out the stuff we like in church but the rest of it we throw it out so if we’re going to do it let’s do the whole hog let’s don’t do half of it. th Mr. Mayor: So Commissioner from the 9 what are you suggesting? Mr. M. Williams: I’m suggesting, Mr. Mayor, I mean if we did one day it’s one thing one day is one thing but we’re trying to build our ridership, we’re trying to change the stigma that’s been put on Augusta. Our transportation is not to make money. It don’t make money we understand that. Most of my colleagues sitting up here we ain’t making no money. We never make money with transit that’s not the purpose of it it’s to provide transportation from point A to 20 point B to those who don’t have a car or maybe some who do have a car will take the bus. But when our buses have no schedule, when our buses don’t have no shelter, when we don’t have a route that we know that’s going to go and pick us up on we can’t cross the street to the buses there’s a lot of problems with our bus system and we’re working on it and I see the changes but we can’t do everything because somebody’s going to come up with a three wheel bus and next week we’re going to get one too. We got to do it and do it right that’s all I’m saying, Mr. Mayor. If we’re going to support one day I’ve got no problem with that but we can’t act like we don’t see what other cities are doing and they do everything. They ain’t doing the crazy stuff we’re doing. Mr. Mayor: All right so if I understand what you just said you support one day but what we have is a conversation about supporting three days, is that not true? Mr. M. Williams: Yes, sir, I can support one day. Mr. Mayor: Okay and you’re debating the issue of three days. If we have a motion and a second and we take that matter up you will have an appropriate time to vote yes or no. All right the Chair recognizes Administrator Jackson. Ms. Jackson: Yes, I just want to make clear in terms of the financing for it it’s not currently available in the 2016 budget. You could however take that from the contingency that you have in that budget to make those dollars available. I just wanted to make that clear. th Mr. Mayor: All right, the Chair recognizes the Commissioner from the 4. Mr. Sias: Thank you. Mr. Mayor: You’re welcome, sir. Mr. Sias: Point one I’m not against transit. Point two I’m against wasting money. Point three we can make those routes if the information I was talking about the on our agenda item it says bus service on holidays it doesn’t say one, two, three, four or five. Now as the Transit Director came up and said oh I can recommend these three days that’s a whole different ballgame. That’s not on holidays; that is why I counted up how many holidays are we talking about or how many are we going to do. So we need to make it, we need to make it work. There’s no need of just throwing some money at it and say hey, look see we put that out there for th ya’ll and it doesn’t work. So will my colleague from the 6 I think those three days are workable especially based on the strong recommendation from our Transit Director but also I’m going to say and when we’re discussing these things and trying to find the best route and the best way for our city all these things about being mind boggling particularly is not something I desire to hear. I’m going to put it out there the way I think and see the best service that we can get for our money for our city. So with that being said, Mr. Mayor, I will support those three days. Mr. Mayor: Okay, all right so here’s what our posture is. We had a motion and a proper thst second to discuss and go out and get data. I believe the Commissioner from the 6 or the 1 is 21 going to make a substitute motion for three days. That’s what I believe is going to happen. I don’t know that to be true but I think that’s what’s going to happen. Mr. Fennoy: Mr. Mayor, I’d like to make a substitute motion for three days --- Mr. Mayor: Good Friday --- Good Friday --- Mr. Fennoy: --- Mr. Mayor: --- Veterans Day --- Mr. Fennoy: --- Veterans Day and the day after Thanksgiving. And also have our --- Mr. Hasan: Second. and also have our Transit Director to look at some of the issues for Mr. Fennoy: --- shelter and scheduling, which I’m quite sure he’s already doing, that Commissioner Marion Williams mentioned. Mr. Mayor: Okay, all right, I’ve got a motion and a second for the substitute. This is what we’re going to take up first. A motion and a second to provide transit on Good Friday, Veterans Day and the day after Thanksgiving. All right, we’re prepared to vote. Voting. Mr. Fennoy, Mr. D. Williams, Mr. Sias, Mr. Lockett, Mr. Hasan and Mr. G. Smith vote Yes. Ms. Davis, Mr. Frantom, Mr. Guilfoyle and Mr. M. Williams vote No. Motion Passes 6-4. Mr. Sias: Mr. Mayor. th. Mr. Mayor: The Chair recognizes the Commissioner from the 4 State your inquiry. Mr. Sias: I just want to have a question for the Transit Director. Mr. Mayor: All right --- Mr. Sias: Is that permissible? Mr. Mayor: --- Mr. Stephens, if you’ll approach. Mr. Sias: Mr. Stephens, how long, how long, would this how long would it take to put these routes in action? Mr. Stevens: These routes currently for these three days would be our existing routes. What I should point out in the beginning of next year we plan to bring on a firm that is going to look at our current routes to make sure that they’re structured correctly. I expect that study to be 22 completed by June or July and based on that we hope to gain greater efficiency and larger area coverage. But those holidays would simply run where those existing routes would be. Mr. Sias: Thank you. Mr. Mayor: All right, all right, fantastic. Madam Clerk. The Clerk: APPOINTMENTS 35. Motion to approve the appointment of Mr. Frank Middleton to Board of Tax Assessors to fill the seat held by Bernard Johnson. (Requested by Commissioner Marion Williams) th Mr. Mayor: The Chair recognizes the Commissioner from the 9 Commissioner Williams. Mr. M. Williams: This seat Mr. Johnson has held has been there for quite some time. The time has expired for that particular seat. I’m asking to replace him with Mr. Frank Middleton. Mr. Mayor: Okay. Mr. Hasan: Second. Mr. Mayor: All right, I’ve got a motion and a second. All right any further discussion? Voting. Let me you know I should’ve said this before we got to this point. Have mercy I wish I would’ve said this before we got here. All right, let me bring everybody’s attention before we finish voting, thank you. Let’s just hold that open. All right pursuant to statute we understand, we’ve been here before and I think it’s within the right of the Commissioner to request an appointment. That is certainly within his right. I want to remind this body that when we have existing members to the Tax Assessors Board, they can only be removed for a showing of cause. If Mr. Johnson is to be removed then we should at least provide him with notice of the alleged cause and an opportunity to respond. I just want to make sure that we fully you’re at that place th again. It is certainly within the right of the Commissioner from the 9 when it comes to the appointment process based on what the statue says. But if we’re going to move this forward we th should probably do that, all right? The Chair recognizes the Commissioner from the 6. Mr. Hasan: I’ll pass, Mr. Mayor. Mr. Mayor: Okay, thank you, sir. All right the Chair recognizes the Commissioner from nd the 2. Mr. D. Williams: What’s the cause? 23 Mr. Mayor: I’m not able to speak to that. If there is someone who can speak to the cause then I certainly I’m here to hear it but if we’re going to do that we probably should have Mr. Johnson here and have him be able to respond if we’re going to have a showing of cause. Mr. M. Williams: Mr. Mayor --- Mr. Mayor: Yes, sir --- Mr. M. Williams: --- I’m not --- Mr. Mayor: --- let me finish. So that’s my response to your question. Mr. D. Williams: Thank you. th Mr. Mayor: Okay, all right the Chair recognizes the Commissioner from the 9. Mr. M. Williams: If I’m not mistaken, Mr. Mayor, the time has expired on those positions. Those positions are not life positions. Those positions served as a term and anybody can be held over. In fact all of those positions have been held over from day one it looks like there has not been any reappointments so that’s the cause. If I mean even you as the Mayor has term limits and even myself and my colleagues have term limits so the terms has expired on these positions for quite some time and it’s up to the body to reassign or to reappoint either that person or somebody else to that board. So now when you say cause I’d like to know what cause. I mean are you talking about they’ve done something somebody had to do something that’s illegal or something that was immoral I don’t understand that. But the cause is that their time has expired. Nobody stays on a board indefinitely so did that come from our Attorney, is that where that came from? Mr. Mayor: It comes from state law, Commissioner. Mr. M. Williams: Well I mean did you have a state law? I need to see the state law that says that for cause because the body also says that they serve for a term. And I think the local government who’s totally different from what the state says has a different perspective on all of this. So if the local who is unique being consolidated has an aspiration there that you can move forward or back how can we I mean if that’s the case then the state who removed that person had to either reappoint that person and we took the liberty to do that here and I asked the Attorney who is present if we was wrong in doing that one we was wrong in doing them all. So we had to come back and redo that one. We had to undo something we had done which was wrong. But now it’s all right to keep the other one on there but it was good for the state to take this off. That don’t make good sense. Mr. Mayor: So, Commissioner, I think we’ve had this conversation a number of times and I share your concerns. What is not debatable is the fact that when a currently sitting board member is in place through the appointment or reappointment process they can only be removed for a showing of cause. 24 Mr. M. Williams: Okay. Mr. Mayor: And the state law defines what that is. Now given the fact that there have been appointments made, the question before us I believe that you have brought to us is the issue of whether or not those appointments were justified at the time that they took place. To that end, to that end that is a question that your colleagues in their mind believe was appropriate and as such they voted and each time we brought this matter before us not just to support the appointment of Mr. Middleton. So the issue of cause and the issue of whether your colleagues will support you in establishing that and then reappointing someone else or appointing someone new is what’s before us today. Mr. M. Williams: Mr. Mayor, I think those appointments reads and I’m not sure but the Clerk I’m sure can get it clear, it reads that those appointments come from District 9 and Super District 9 and Super District 10. Now it does specify when it comes to the Coliseum Authority that they have to come from the districts, they do not specify that and I’m not saying that it shouldn’t come from but it does in words says about the Coliseum Authority it has to come out of those districts. But my impression and I’ve only got mine says that Super District 9 and Super District 10 make those appointments. No one asked me about being reappointed. No one asked I don’t think my Super District 10 Commissioner to be reappointed and when we went ahead and we was told in this meeting that we was up against the wall the Clerk had gotten the information that she didn’t get to us in time and we had to reappoint these state and local people because we was up against the wall and they had to have somebody that was certified which we found out that was a lie. And a half truth is a whole lie so whether part of it was true or not that was stated and then the state ended up taking opposition and removing someone that we put on the board that we had no authority to put on the board. So I’m trying to find out where I mean I can’t ask my Legal because I done asked him a hundred times and I got the same nothing out of him every time. I need to get somebody to tell me something either so I can leave put this to bed and leave it alone but I’m going to put it back on the agenda every week until somebody comes or until I come out of office. But we’re going to talk about it because we need to get some clarity and I don’t hear anything. How can --- Mr. Mayor: Commissioner, suspend. Is it not true that a series of appointments were made several months ago, is that not true? Mr. M. Williams: That’s right. Mr. Mayor: Is it also not true that this body had no jurisdiction in making the Legislative appointments? Mr. M. Williams: True. Mr. Mayor: And this body then took action to rescind those appointments, is that not true? Mr. M. Williams: That’s right. 25 Mr. Mayor: Okay is it further not true that the appointments that were within the jurisdiction of the Commission they were made? Mr. M. Williams: That’s right. Mr. Mayor: And if you want to remove an individual and place someone else there, there has to be a showing of cause, is that not true? Mr. M. Williams: I can’t testify to that now. I mean I’m going to go with you when you’re right but that’s what I’m hearing. But now is it not true that we was lied to that said that you know because if you want some cause I can give you some cause. Is it not true that we was told in this meeting in this room that we had to have this appointment done and if we didn’t do it done that we’d lose our accreditation and wouldn’t be certified and all this other good stuff? And that’s why we supported it and voted. Mr. Mayor: You’re absolutely correct (inaudible) --- Mr. M. Williams: Okay, if that’s the cause then --- Mr. Mayor: --- I’m trying to help you right now. The conundrum that we find ourselves in is that there is a law, there’s a state law that supersedes your local ordinance and that state law says there has to be a showing of cause. If you provide cause I’m confident you’ll be able to remove this individual and as such we can move on or the Commissioners can agree that the action that you took I believe it was in July, August timeframe that that was the wrong action to take and could go back and potentially rescind the item. I’m not an attorney; I’m going to yield to the parliamentarian who is the attorney at this time. Mr. MacKenzie: Sure I’d be happy to address that. Obviously there’s several different issues that we’re looking at here. With respect to the issue of Mr. Johnson the definition of cause in case law is failure to perform his duties in that job. I understand what happened was having incorrect information being provided to the Commission but that is not sufficient for legal cause to justify removing this particular person from office. It would need to be based on his performance. Now with respect to the rescinding of the action once an appointment is made at this point in time there’s several ways it could address this item. Either you find cause to remove this person or any other person or you could go to the underlined statute that provides for the for cause requirement. That would probably be the easiest way to resolve it at this point. If we were wanting to make a change with respect to how these appointments are done, it would be to maybe present a proposal to the Legislative Delegation to make an adjustment to that statute. If it’s the will of this body not to have these be for cause appointments that you’d have more flexibility in making adjustments if it’s the will of this body to do that then that would probably be the way to address this one at this point. Mr. M. Williams: Mr. Mayor, if I can respond. I don’t need to talk to him I need to respond to you. I’m hearing that once a person gets appointed to that particular board and there’s no, as long as they don’t, as long as they perform their job they’re there forever. There is no changing, is that what I’m hearing? 26 Mr. Mayor: That’s not what you’re hearing. What you’re hearing is they’re there pursuant to their term of office. In the event that they fail to perform in that office, that can be recognized as a showing of cause and thereby be removed from that office. Mr. M. Williams: But Mr. Mayor --- Mr. Mayor: So you have two things. You have term limits and again I don’t make appointments but this body and the Legislative Delegation has the ability to appoint and if necessary deem right they can reappoint --- Mr. M. Williams: If they’re not --- Mr. Mayor: --- it can happen for many years. Mr. M. Williams: --- if we had not reappointed them, if we had not reappointed them and the District 9 and District 10 is supposed to be the appointments they may be different from that but because we was told and we voted on the assumption that we had to go ahead and do something. And I said in this body hey you can’t do that, that’s wrong. We need to look at this but the membership of this body decided to vote anyway. Then we find we was wrong for doing what we did so now is the time to fix it. Now I mean --- Mr. Mayor: Commissioner, I agree with you. It is time for us to bring closure to this issue and the question before us is how do we best do that, how do we best do that and I think as the parliamentarian has indicated these are the questions and this is a process whereby which we could obtain that goal which is what you’re wanting to achieve. Mr. M. Williams: If the term limit is up, Mr. Mayor, and they’re held over you can hold over there’s a rule that lets you stay until you’re reappointed not just on this board but all of the boards. We’ve got a held over clause that they’ll serve until, until is the obvious word I think until they are reappointed or somebody else is appointed. Now just because they’re still there after January 1 or whatever don’t mean they stay there. I need to hire --- Mr. Mayor: Commissioner, I agree with you 100% that they stay there until such time until they are reappointed or a new appointment is made. The challenge before us right now as I th move to recognize the Commissioner from the 6 is that that was an appointment in this case a reappointment made, that’s the issue. There was a reappointment made. Whether we agree that it was done under duress or willfully done, it was done. The Chair recognizes the Commissioner th from the 6. Mr. Hasan: Yes, thank you, Mr. Mayor. In terms of your last statement you just made, Mr. Mayor, you said whether it was done I think duress or what have you I know at one time you also mentioned and I’m just paraphrasing --- Mr. Mayor: I was going to say it again but I chose not to say it. 27 Mr. Hasan: --- okay so you know where I’m going, right? Mr. Mayor: Hang on to your head -- Mr. Hasan: Hang on to your head or what have you and so but you also in saying that you also made mention that you have some concerns as well. So kind of moving from the parables at this point I share with your concerns about all this as well. Mr. Mayor: My concern is that in this case we take the proper channels to resolve this matter lawfully and that we do it in a way that responds to the issue that the Commissioner from th the 9 has raised. As I see it you’ve got a couple of things. One the issue of appointments or in this case reappointment being made under perceived or real duress. Number two, the issue of who actually makes the appointments that is a question that has lingered since the time that we got to this point whether it be the Commissioner from the Super District 9 or Super District 10. That question is still before us and I think clarity needs to be provided on whether or not it is a thth singular appointment of the Commissioner from the 9 and the Commissioner from the 10 that’s the question that’s before us. Those are my concerns because otherwise you’re going to see this show up on the agenda next week and the week after and the week after. Mr. Hasan: I’m going to answer part of it if you don’t mind, Mr. Mayor, may I respond to part? Mr. Mayor: You may respond to this, sir. Mr. Hasan: Thank you, Mr. Mayor. Whether, in terms of the appointments the appointment the person must be reside in District 9 and another person who is appointed must reside in District 10 is not the appointment of the District 9 Commissioner nor is it the appointment of the District 10 Commissioner. Mr. Mayor: I think that’s the matter of debate which is why we’re here. Mr. M. Williams: There’s no argument about that, Mr. Mayor, there’s no argument about that. Mr. Mayor: Okay, there’s no argument about that. Mr. M. Williams: If the person is in one of those districts and trust me and we’re talking about nine right now so it ain’t like they’re not in nine. Mr. Mayor: Okay, so with that being said that issue’s taken off the table. The issue that’s before us right now is whether the appointment was made under duress or whether it was made willingly. I mean that’s a simple matter. And this body which has the authority to make the decision based on what took place. This is a moot issue and we need to move on. Mr. Hasan: Mr. Mayor, let me follow up once more. The second part of that I mean well, part of what you just made mention you made mention once again whether the point we’re 28 at now since we disposed of a part of we agreed on that you said the other issue before us now is whether the appointments made or reappointments was made under duress. So from where you sit right now what bearing does being made under duress have on this conversation that we’re having? Mr. Mayor: I don’t think it has any based on what we just articulated. I think this is a moot issue and it’s time for us to move on based on what I’ve heard today. I think that’s where we are; it’s time for us to move forward. The appointment comes from Commission District 9; th the Commissioner from the 9 district agrees with that. I think this is a moot issue. Mr. Hasan: The whole issue now? th Mr. Mayor: I do. The Chair recognizes the Commissioner from the 4. Mr. Sias: Call for the question, Mr. Mayor. Mr. M. Williams: There’s some unreadiness, Mr. Mayor. Mr. Mayor: I understand. Are you stating an objection? Mr. M. Williams: Yes, sir. th Mr. Mayor: All right the Commissioner from the 9 objects. Mr. Sias: Do we have a majority to call for the question? Mr. Mayor: Well, I’m prepared to give entertainment to that. The Chair recognizes the attorney. Mr. MacKenzie: It would probably be appropriate for someone to make a motion to overrule the objection and to vote on the call of the question. This is not a substantive item, it would be to overrule the objection to vote on an underlined item. Mr. Fennoy: Motion to overrule. Mr. Sias: Second. Mr. Mayor: Okay, all right. Mr. M. Williams: Mr. Mayor, we had a vote in process that we didn’t finish. Now we’re going to call for an objection. What kind of kangaroo court are we running here? This don’t make good sense. Everybody voted except three people up or down, now we’re going to call for the question which I had an objection now we’re going to wipe that out and going to vote all over again to see that we want to continue the debate or not. Mr. Mayor: And that’s what your rules state. 29 Mr. M. Williams: We had a vote that took place. Mr. Mayor: Okay. Mr. M. Williams: We hadn’t finished it; we had, I mean up or down, win or lose, we got a vote that was in place and we had the conversation then we left there. Now we’re going to vote on something else. Mr. Mayor: Okay all right so, Commissioner, as I said earlier I’m trying to help you. I’m trying to help you help us resolve this in the most amicable way possible. And so here’s what all right, Attorney MacKenzie, would it be proper for us to withdraw this motion to object and not vote on it and go back to the previous motion? Mr. MacKenzie: You mean the motion to overrule the objection? th Mr. Mayor: So there are two things as the Commissioner from the 9 has indicated. We suspended voting on the motion to appoint Frank Middleton, we suspended that and we had further debate. Mr. MacKenzie: Right and there was a call of the question. Mr. Mayor: That’s correct. Mr. MacKenzie: If there’s no objection then you would then vote on the underlined item but there was an objection. Mr. Mayor: Correct. Mr. MacKenzie: Then there was a motion to overrule the objection which is what we’re voting on now. Mr. Mayor: So we’re going to go back to original vote pursuant to this. All right, we’re going to vote on this. Voting. Now what we’re voting on, Madam Administrator, is the objection not this issue here that you have on the screen. The Clerk: Just put motion. Mr. Mayor: Yes, just put motion up there. All right we’re voting, this is to overrule the th objection. Commissioner from the 9 objected and we are voting to overrule that objection so that we can go back to the base motion the appointment. The Clerk: Technically to end the debate. Mr. Mayor: Yes, that’s right. 30 Mr. Hasan votes no. Motion Passes 8-1. Mr. M. Williams: Now --- Mr. Mayor: All right, Commissioner, hold on, hold on --- Mr. M. Williams: I need some clarity, Mr. Mayor, the vote was 8-1. Mr. Mayor: It was, it was a majority vote. Mr. M. Williams: 8-1. Mr. Mayor: 8-1 that’s correct a majority vote to overrule, you objected --- Mr. M. Williams: That’s right. Mr. Mayor: --- and the majority overruled your objection so that we can now go back to the original motion which is the issue of appointing Frank Middleton to the board in place of Bernard Johnson. That is the matter that is before us and we’re going to open it up and we’re going to vote and as you said you stated we need to move forward with an up or down vote and that’s what we’re about to do. Mr. Fennoy: Mr. Mayor, I’ve got a question --- Mr. Mayor: Yes, sir --- Mr. Fennoy: --- that I’d like to --- st Mr. Mayor: --- recognize the Commissioner from the 1. Mr. Fennoy: --- that I’d like to ask our attorney. Mr. Mayor: All right. Mr. Fennoy: Is that okay? Mr. Mayor: Yes, it absolutely is. Attorney MacKenzie. Mr. Fennoy: Mr. Andrew --- Mr. MacKenzie: Yes, sir. Mr. Fennoy: --- if we vote to approve the appointment of Mr. Middleton and there is no cause to remove Mr. Johnson from the board what happens? 31 Mr. MacKenzie: A procedural point that I’ll make first is that the debate is actually closed on this item. There was a motion to call the question and at this point in time there really shouldn’t be any debate on this item. Mr. Fennoy: Well, I withdraw that (inaudible). Mr. MacKenzie: I’d be happy to answer that for you afterwards of course. Mr. Fennoy: That’ll be fine. Mr. Mayor: Absolutely correct. All right, we have a matter before us, we’re voting. Mr. Hasan and Mr. M. Williams vote Yes. Mr. Fennoy, Mr. D. Williams, Ms. Davis, Mr. Sias, Mr. Frantom, Mr. Guilfoyle and Mr. G. Smith vote No. Mr. Lockett out. Motion Fails 2-7. Mr. M. Williams: Madam Clerk, will you put that back on the next commission agenda again? The Clerk: Yes, sir. st Mr. Mayor: Okay, all right I think that’s all of the business of the December 1 meeting. This meeting is hereby adjourned. [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 December 1, 2015. ______________________________ Clerk of Commission 32