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HomeMy WebLinkAboutRegular Commission Meeting January 19, 2016 REGULAR MEETING COMMISSION CHAMBER JANUARY 19, 2016 Augusta Richmond County Commission convened at 2:00 p.m., January 19, 2016, the Hon. Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Sias, Frantom, M. Williams, Smith, Fennoy, D. Williams, Hasan and Davis, members of Augusta Richmond County Commission. Mr. Mayor: Good afternoon, we’ll call this meeting to order. What a great day it is in Augusta. Madam Clerk. The Clerk: Yes, sir. I’d like to call your attention to the invocation portion of our agenda which will be delivered by Reverend Christopher J. Waters, Pastor of the Thankful Baptist Church after which we’ll have our Pledge of Allegiance to the Flag. Please stand. The invocation was given by the Reverend Christopher J. Waters, Pastor of Thankful Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Pastor Waters, on behalf of the Augusta Commission we thank you for your spiritual guidance and civic leadership as they do serve as an example for all of us as citizens. Thank you. (APPLAUSE) Madam Clerk. The Clerk: I call your attention to the consent portion of our agenda which consists of items 1-34, items 1-34. For the benefit of any objectors to any of our Planning petitions once those petitions are read would you signify your objections by raising your hand. I call your attention to: Item 3: Is to approve with conditions a change of, Comprehensive Zoning for to establish a Family Personal Care Home on property located at 4562 Pineview Lane. Item 4: With conditions a request for a change of zoning from a Zone B-1 (Neighborhood Business) with conditions to a Zone B-1 affecting property known as 101 Avondale Drive. The Clerk: Are there any objectors to any of those Planning petitions? I call your attention to the Public Services portion of our agenda. If there are any objectors to any of the alcohol petitions would you please signify your objections by raising your hand once the petition is read. I call your attention to: Item 6: Is for a retail package Beer & Wine License to be used in connection with the location at 2701 Washington Road. th Item 7: Is for a retail package Liquor License in connection with the location at 307 8 Street. 1 The Clerk: Are there any objectors to those alcohol petitions? Mr. Mayor and members of the Commission, our consent agenda consists of items 1-34 with no objectors to our Planning petitions or alcohol petitions. Mr. Mayor: Thank you, Madam Clerk. The Chair will entertain any motions at this time. Mr. Guilfoyle: So moved. Ms. Davis: Second. th Mr. Mayor: All right, the Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. I’ve got a couple of items I’d like to get some clarity on. I know we’ve got a motion and a second but I thought we were trying to find out whether we had something to pull. Mr. Mayor: We were, that’s what I was asking for. Mr. M. Williams: Okay --- Mr. Mayor: If you would do me this small favor, tell us which ones you’d like to pull. Mr. M. Williams: --- I’d like to hear some clarity on items 3 and 4. I don’t have a problem with either one of those but I do have a question and I’d like to make sure that it gets answered. I mean and if we can it may not be able to, we may not have to even pull it, Mr. Mayor. Mr. Mayor: Let’s just pull it so we can have some debate and discussion about it and then --- Mr. M. Williams: Okay, items 3 and 4 I’d like to --- Mr. Mayor: --- (unintelligible) items three and four, Madam Clerk, pull from the consent agenda. All right, any others. All right, there being none the Chair recognizes the Commissioner th from the 6. Mr. Hasan: Mayor Davis, mine is not to pull or to add anything to the consent. Mine is simply to make a comment if you don’t mind on item 16 on the agenda. As many of my colleagues realize last week I had quite some concerns around the Laney Walker area. I wanted my colleagues to know that I had an opportunity Thursday morning at 7:30 a.m. to have a conversation with Director Welcher and one of his staff I think it’s Shawn Edwards and we had a great conversation around those issues. I’m at peace with the direction that they’re heading and as a result of that I want my colleagues to know moving forward I’m at peace with some of the things I had questions about previously. Thank you, Mr. Mayor. CONSENT AGENDA 2 PLANNING 1. FINAL PLAT – HAYNE’S STATION, PHASE IV – S-850 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Cranston Engineering Group, P.C., on behalf of COEL Development Company, requesting final plat approval for Hayne’s Station, Phase IV. This single family residential development contains 35 lots and is located on Copse Drive, east of Hayne’s Station Drive. DISTRICT 3. 2. FINAL PLAT – LONGPOINT TOWNHOMES PHASE 3 – S-792-III-III – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by ATC Development Co., requesting final plat approval for Longpoint Townhomes, Phase 3. This residential townhome development is located off Old Waynesboro Road and contains 17 lots. DISTRICT 6. PUBLIC SERVICES 5. Motion to approve the 5 Year Renewal with Sterling-Retail, Food and Beverage Concessions Contract with the Augusta Regional Airport. (Approved by Public Services Committee January 12, 2016) 6. Motion to approve New Ownership Application: A.N. 16-6: request by Venumadhav Machha for a retail package Beer & Wine License to be used in connection with AVN Ventures located at 2701 Washington Rd. DISTRICT 7 7. Motion to approve New Application: A.N. 16-7: request by Cullene W. Schneider for a retail package Liquor License to be used in connection with Aficionados, LLC located at th 307 8 Street. District 1. Super District 9. (Approved by Public Services Committee January 12, 2016) 8. Motion to approve award of the design/build contract for replacement of the HVAC system at the DFACS Building in the amount of $1,001,258.00 to Coleman Mechanical Services of Harlem, GA. (RFP 15-180) (Approved by Public Services Committee January 12, 2016. 9. Motion to approve a request for the Augusta Richmond County Commission to accept the Beams Contracting SE Development Project Change Order #4 that was approved by the Aviation Commission on December 03, 2015. (Approved by Public Services Committee January 12, 2016) 10. Motion to approve a request for the Augusta Richmond County Commission to approve the McCarthy Construction Change Order #3 as approved by the Aviation Commission on December 03, 2015. (Approved by Public Services Committee January 12, 2016) 11. Motion to approve selection of Daniel Field airport consultant to W.K. Dickson. (RFQ 15-203A) (Approved by Public Services Committee January 12, 2016) 12. Motion to approve Golf Cart/Utility Vehicle Bid/Purchase as approved by the Augusta Aviation Commission at their October 29, 2015 Meeting. Bid Item 15-219. (Approved by Public Services Committee January 12, 2016) 13. Motion to approve a request for the Augusta Richmond County Commission to accept the Mutual Aid between Columbia County and the Augusta Regional Airport as approved by the Augusta Aviation Committee on October 29, 2015. (Approved by Public Services Committee January 12, 2016) ADMINISTRATIVE SERVICES 3 14. Motion to Fix and Publish the 2016 Qualifying Fees for Local Offices. (Approved by Administrative Services Committee January 12, 2016) 15. Motion to approve Housing and Community Development Department’s contract procedure relative to authorization of agreements/contracts/HUD forms for the various federal programs administered by the Department for program/calendar year 2016. (Approved by Administrative Services Committee January 12, 2016) 16. Motion to approve Housing and Community Development Department’s (AHCDs) use of the same procedure (as 2015) relative to authorization of agreements/contracts for the Laney Walker/Bethlehem Revitalization Project and the Hyde Park Drainage Improvement Project for program/calendar year 2016) (Approved by Administrative Services Committee January 12, 2016) PUBLIC SAFETY 17. Motion to approve acceptance of Governor’s Office of Highway Safety Grant in the amount of $25,000 for the State Court Accountability Court Program. (Approved by Public Safety Committee January 12, 2016) 18. Motion to approve Grant Award for $50,000 from the Bureau of Justice Administration for treatment services for DUI court participants. (Approved by Public Safety Committee January 12, 2016) 19. Motion to approve Grant Award from the Community Foundation of the CSRA for $15,000 to assist participants in our DUI court who are indigent and cannot afford substance abuse treatment. (Approved by Public Safety Committee January 12, 2016) 20. Motion to approve Grant Based Contract for Drug Court. (Approved by Public Safety Committee January 12, 2016) FINANCE 21. Motion to approve Fleet Management’s request to replace 1-E350 work detail van for Augusta Engineering Department-Maintenance Division. (Approved by Finance Committee January 12, 2016) 22. Motion to approve the request from the Augusta Utilities Department – Administration Division for the purchase of one Ford Explorer for their division at a cost of $27,579 as a replacement for a vehicle that was reassigned to the Water Quality – Laboratory after their vehicle was totaled in a vehicle accident. (Approved by Finance Committee January 12, 2016) 23. Motion to approve the Augusta Utilities Department – Fort Gordon Division request to purchase two vehicles for their division, a Ford Explorer and an F-350 Utility Body Pick Up Truck. (Bid Item 15-182) (Approved by Finance Committee January 12, 2016) 24. Motion to approve property insurance coverage for 2016 offered through Affiliated FM, current carrier, for a premium of $408,000 for full blanket coverage and limited flood coverage in flood prone areas. (Approved by Finance Committee January 12, 2016) ENGINEERING SERVICES 25. Motion to approve an Easement Deed to Atlanta Gas Light for a Gas Regulator Station. (Approved by Engineering Services Committee January 12, 2016) 26. Motion to approve award of Construction Contract to Blair Construction in the amount of $5,938,494.60 for Belair Road Improvement Project as requested by AED. Award is 4 contingent upon receipt of signed contracts and proper bonds as requested by AED. (Bid Item 15-196)(Approved by Engineering Services Committee January 12, 2016) 27. Motion to approve entering into an agreement with Georgia Power, stating that Augusta, GA will pay for the Transmission Facility Relocation Costs on the Druid Park Road Improvements Project in accordance with the estimate totaling $849,328.00. Also, approve the Utility Relocation Agreement to be executed by the Augusta, GA Legal Counsel and the Mayor, and approve payment upon completion of the work as requested by AED. (Approved by Engineering Services Committee January 12, 2016) 28. Motion to accept notification of emergency water main relocation at First Presbyterian Church by Blair Construction, Inc. in the amount of $90,477.40. (Approved by Engineering Services Committee January 12, 2016) 29. Motion to approve entering into an agreement with Georgia Power for relocation of distribution facilities associated with the Mark Church Road Improvements Project; approve the Utility Relocation Agreement in the amount of $154,448.00 to be executed by the Augusta, GA Legal Counsel and the Mayor, and approve payment upon completion of the work. (Approved by Engineering Services Committee January 12, 2016) 30. Motion to approve entering into an agreement with Georgia Power for relocation of distribution facilities associated with the Windsor Spring Road Phase V Improvements Project; approve the Utility Relocation Agreement in the amount of $259,497.00 to be executed by the Augusta, GA Legal Counsel and the Mayor, and approve payment upon completion of the work as requested by AED. (Approved by Engineering Services Committee January 12, 2016) PETITONS AND COMMUNICATIONS 31. Motion to approve the minutes of the regular meeting of the Commission held January 5, 2016 and Special Called Meeting held January 12, 2016. APPOINTMENT(S) 32. Motion to approve the appointment of Mr. Leon Maben to the Augusta Housing & Community Development Department’s Citizens’ Advisory Committee representing District 1. 33. Motion to approve the appointment of Mr. Robert L. Hones to the ARC Historic Preservation Commission representing District 2. 34. Motion to approve the appointment of Mr. Ronnie Battle to the Augusta Canal Authority representing District 4. Mr. Mayor: Thank you. All right, we’ve got a motion to pull items 3 and 4. No th additional? All right, all right, we’ve got a motion from the Commissioner of the 8 and a rd second from the Commissioner from the 3 for these items minus 3 and 4. Voting. Mr. Lockett: Madam Clerk, (unintelligible). The Clerk: I beg your pardon, sir? We’ll need you to vote again, we apologize for that. Mr. M. Williams: Is it the computer you’re apologizing for? 5 The Clerk: Sir? Mr. M. Williams: The computer? The Clerk: Yes, sir, it’s only as good as the operator. rdth Mr. Mayor: All right, Commissioners from the 3 , 4 --- Ms. Davis: Madam Clerk --- thth Mr. Mayor: --- 5 and 8 vote --- Ms. Davis: --- mine’s still not working so I’m a yes. The Clerk: Okay. Mr. Mayor: Okay so let’s, all right. Madam Clerk, in lieu of that why don’t we take a roll call vote and be able to move on. The Clerk: Okay, we’re having trouble with the others as well? Mr. Mayor: Right, I’ve got 3, 4, 5 and 8. The Clerk: Okay. Mr. Mayor: Let’s just take a roll call vote if you don’t mind. The Clerk: Okay. Ms. Davis. Ms. Davis: Yes, ma’am. The Clerk: Mr. Fennoy. Mr. Fennoy: Yes. The Clerk: Mr. Frantom. Mr. Frantom: Yes, ma’am. The Clerk: Mr. Guilfoyle. Mr. Guilfoyle: Yes, ma’am. The Clerk: Mr. Hasan. Mr. Hasan: Yes. 6 The Clerk: Mr. Lockett. Mr. Lockett: Yes. The Clerk: Mr. Sias. Mr. Sias: Yes. The Clerk: Mr. Mayor Pro Tem Smith. Mr. G. Smith: Yes. The Clerk: Mr. Dennis Williams. Mr. D. Williams: Yes. The Clerk: Mr. Marion Williams. Mr. M. Williams: Yes. Motion carries 10-0. [Items 1, 2, 5-34) Mr. Mayor: All right fantastic. Jeff, 3, 4, 5 and 8 I’m not sure what’s going on but 3, 4, 5 and 8. All right, our position at this point is that items 3 and 4 we’ll have some debate on. Madam Clerk, I’m going to give you an opportunity --- The Clerk: Number three? Mr. Mayor: --- three --- The Clerk: Okay, 3 and 4, okay. Mr. Mayor: --- and four. The Clerk: PLANNING 3. Z-16-01 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions a petition by Machelle Dawson, on behalf of Candace and James Walker, requesting to establish a Family Personal Care Home, per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .28 acres and is known as 4562 Pineview Lane. Tax Map 179-4-051-00- 0 1. The home shall be staffed in 3 shifts on a 7-day 24-hour basis with no staff sleeping in the home. 2. No more than four (4) clients are permitted that reside in the home based on the spacing requirements in Section 28-F-3 of the Comprehensive Zoning Ordinance. 3. 7 The driveway of the property must be widened to accommodate for an additional one (1) off-street parking space to meet the required parking in Section 28-F-3 of the Comprehensive Zoning Ordinance. 4. A fence shall be constructed to enclose the rear yard of the property to ensure the safety of the clients and provide opportunities for outdoor activities. 5. All conditions must be met before a business license shall be issued. th Mr. Mayor: The Chair recognizes the Commissioner from the 9, Administrative Services Chair and Director Wilson. Mr. M. Williams: Thank you, Mr. Mayor. I don’t have a problem with this item in fact I’m in support but I wanted to make sure that we were clear on a couple of things. First of all that there will not be any signage on the building. Will there be a sign that says -- Ms. Wilson: No, there will be no signage at all and I will be glad to read the conditions if you would like. Mr. M. Williams: Well, I just that was my only question. Like I said we could’ve passed it with the consent but I just wanted to make sure because we do have several that’s got a sign on the in the neighborhood advertising business. I spoke with Mr. Sherman about a couple I know but I just wanted to make sure we don’t put anything on the community that’s going to Mr. Mayor, since there’s no issue take away from the community so I just had that question. the other conditions are fine I just wanted to make a motion to approve. Mr. Mayor: Are you making that motion at this time, sir? Mr. M. Williams: Yes, sir, I am. Mr. Fennoy: Second. Mr. Mayor: All right, we’ve got a motion and a second to approve item 3. Any additional discussion? Voting. The Clerk: Well, we just do the roll call? I think their consoles --- Mr. Mayor: I thought he just came up to fix it. Mr. Guilfoyle: What about the computer screens? Mr. Sias: The screen’s still out. Mr. Mayor: Mr. Mayor Pro Tem? All right very good. I think we can work on the screens, Jeff. Can you, all right I think the voting has taken place. Motion Passes 10-0. Mr. Mayor: Fantastic, outstanding I love it this is team work at its best. 8 The Clerk: PLANNING 4. Z-16-10 – A request for concurrence with the Augusta Georgia Planning Commission to approvewith the following conditions a petition by Elizabeth Citko, requesting a change of zoning from Zone B-1 (Neighborhood Business) with conditions to Zone B-1 affecting property containing .35 acres and known as 101 Avondale Drive. Tax Map 011-1-001-00-0 DISTRICT 7 1. Limit uses on the property to a bakery ship and delicatessen or those uses permitted in the R-1A and P-1 zones. 2. Ensure that the property complies with all aspects of the Tree Ordinance and applicable landscaping standards. 3. Site plan must comply with any other ordinances and regulations in effect at the time of construction. 4. Site must comply with current parking regulations. 5. Current access must be used. th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. I just needed to hear some clarity. I know my colleagues understand this but I didn’t. When you’re going from Zone B-1 to a Zone B-1 and then at the bottom it says R-1A so what’s the difference in the B-1 to another B-1? I know Neighborhood Business what’s --- Ms. Wilson: Right. When this property was initially rezoned it was rezoned for B-1 with one specific use and that was for a bakery and or R-1A which means that it could be used for a bakery of for some sort of residential use. The applicant came forth to see if we could make an amendment to that zoning which would mean that they’re adding more uses. So the new uses that are added is to allow for the P-1 which is Professional Offices and to allow for her to operate a delicatessen in addition to the bakery. Those are the only changes. The rest of it is still B-1 zoning. Mr. M. Williams: And again when you talk about neighborhood businesses and when I read that I’m thinking that we’re in a neighborhood. I’m thinking we’ve got people who are subjected to the traffic and everything else that goes with that. And I’m not against it again I say but when I saw B-1 and then changed back to Zone B-1 then it’s saying a neighborhood business if they’re adding additional usage who would know what those uses are I mean would come through Planning and Zoning or are they just --- Ms. Wilson: Yes, when they come in to get their licensing and permits if they decide that they want to, for example, if this property got sold to someone who was going to open up an office, real estate office or a regular office, medical office, then they still would have to come in to get a site plan approved for that use. But it would be something that would be allowed based on the zoning that’s in place right now. The previous zoning had conditions on it that addressed parking, signage, things of that nature. Those conditions are still in place. Mr. M. Williams: Again, Director Wilson, I’m in support but I want to do whatever the conditions that need to be done. I just want to make sure that we don’t put something off on 9 I make a motion to somebody that don’t know what’s coming there and they’re surprised but approve this one as well, Mr. Mayor. I got a little clarity on it. Mr. Frantom: Second. Mr. Mayor: All right, we’ve got a motion and a second from the Commissioner from the th 7 Madam Clerk. Any additional discussion? There being none, voting. Motion Passes 10-0. The Clerk: I believe that takes us to the regular agenda, Mr. Mayor. We’re starting out with number 35. Mr. Mayor: Before doing that, Madam Clerk, I want to draw everybody’s attention to the additional information. These were revisions to the commission agenda it should be at your desk stop. I appreciate the Clerk for putting this together. I want to make sure everybody’s got a copy of that with regards to items 40 and 41. We all have a copy of that. Thank you. All right, Madam Clerk. The Clerk: PLANNING 35. Z-16-05 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Sunny Patel, on behalf of Shrryia Enterprises, Inc., requesting a change of zoning from Zone A (Agriculture) to Zone B-1 (General Business) affecting property containing .97 acres and is part of 2651 Tobacco Road. Part of Tax Map 140-0-706-03-0 DISTRICT 4 Mr. Mayor: The Chair recognizes Director Wilson. Ms. Wilson: Thank you. This is a request from Mr. Patel to rezone property located at 2651 Tobacco Road. The size of the property is approximately .97 acres and the rezoning request is to go from an Agricultural zone or a Zone A to a B-2. With the B-2 zoning all uses that are allowed in B-2 must be considered when looking at this request. This is an aerial which shows you the smaller portion of property that is being subdivided from a larger tract of R-1A. Here you can see the surrounding zoning and where you’ve got a professional office across the street but it is surrounded by R-1A. This is looking at the subject property. This is looking east along Tobacco Road and looking west along Tobacco Road. Again another view. This is the alignment near Fairington Drive which is kind of offset from the subject property. This is an Augusta Utilities map which shows you where the water lines are located and sewer lines are located. The applicant came in and submitted a sketch drawing for a convenience store but again the drawing that was presented did not meet the minimum requirements for the request. They were off with regards to parking. The applicant as I said is requesting to rezone this property to at this point establish a convenience store. This store size is approximately 4, 500 square feet. The location of the building while it currently complies with the setbacks it does not meet the requirement for parking. The main driveway would need to be aligned with Fairington Drive 10 and that is a signalized intersection. At this point no traffic impact study was done for this property but we’re anticipating based on the use that there would be approximately an additional 1,100 to 1,200 customers per day. As we look at our analysis for zoning and land use we look at things such as where all the uses that would be allowed once you allow a zoning to move forward. Land uses must be suitable as property along Tobacco Road transitions into commercial uses. Certain uses that are permitted in the B-2 General Business are successful while others are not so there’s currently vacancies located in the B-2 portion on Tobacco Road. Convenience stores that are not successful they become brownfields and end up costing a lot with regards to cleaning up. In addition the property based on a B-2 zoning would be able to support an apartment building and other retail uses that may not be suitable for this area. The convenience store also requires fuel storage tanks and the nearest public sewer line from this site is 195 feet. The applicant initially as submitted was planning on using a septic field to provide sewage for the site. There are four convenience stores along Tobacco Road that are in close proximity to this site. Such a proximity provides them with better access to public utilities and are more in keeping with the clustering of having existing commercial around the current utilities. The findings for this request are as follows: The subject property is located north of Tobacco Road and Fairington Drive. Tobacco Road largely serves as a dividing line between the commercial and residential land uses along this section of the street. 3. The property has no access to public sewer. 4. The concept plan which is proposed has a detention pond in the rear of the property although it does not have public sewer. 5. No curb cuts or sidewalks are located near the property. The proposal does not meet the minimum off street parking requirements. Tobacco Road has an average of 19,400 vehicles per day. No traffic impact study was conducted for the property and the property if this is approved must comply with the Tree Ordinance and other applicable developments standards. The staff recommendation along with the Planning Commission recommendation is as follows: We recommend denial of this request however if the petition is approved we recommend that the parking lot and security lighting be directed away from the residential properties located to the west of the subject property. We recommend that we ensure that the property complies with all aspects of the Tree Ordinance and other applicable development standards. That the site plan development plan must comply with all of the development regulations that are in place as the time of construction. Any new curb cuts for the site on Tobacco Road are subject to approval from Augusta Engineering. And I’ll be glad to answer any questions. th Mr. Mayor: Okay we’re going to go to the Commissioner from the 4 and then I’ll come thst to the Commissioner from the 9 followed by the Commissioner from the 1. Mr. Sias: Thank you, Mayor. Mr. Mayor, may I direct my comment --- Mr. Mayor: You may. Mr. Sias: --- to Ms. Wilson? Ms. Wilson, we’re not, during you all’s planning and development hearing that a large group of citizens were here to oppose this particular rezoning and their number one concern was traffic because you have Fairington subdivision, Pinnacle Place subdivision along with Quail Hollow subdivision all right there in the immediate vicinity of this. And there’s already a serious traffic congestion problem coming out of Fairington Drive. There’s no left turn arrow or anything so we’ve had we have serious traffic issues between 11 Fairington Drive, Pinnacle Place Drive and that intersection there. And with that store coming there you would need a four-way traffic light for that particular property along with some turning lanes, turning arrows for the Fairington Drive. That is a huge amount of traffic that comes out of there every business day and Saturdays and Sundays as well. And with that being said there was no allowances or anything made for that particular issue of traffic. Secondly is it not true that we’re trying to eliminate as much septic tank uses as we can and with this being a commercial property coming up additional uses of septic tanks that is a serious concern for at least myself and the residents of that particular area. So there was very strong opposition there. There were several other reasons but that was the two that was in my mind resonated the most and can you respond to that please. Ms. Wilson: Well, the answer is yes I did not go into a lot of detail with regards to the opposition. I thought that some of them may have attended the meeting today but yes there were several people that attended the meeting had very strong concerns with regards to a number of things one there being another convenience store located right down the street when there are several right up the street. The volume of traffic and the traffic movements and more importantly this was not on public water or on public septic. Mr. Sias: Thank you, sir. th Mr. Mayor: All right, thank you. The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. I heard some history on some cases before but I don’t think I ever heard one as long as this one was against this petition. Now in my mind the petitioner’s got nothing to do with the sewage. That’s what we ought to be doing. That’s our job to provide the line or the sewage for that area. I want to go by whatever the rules say but I don’t understand how we allow them on one side but on one side we’re going to say no, we can’t do that. We end up paying a lot of money in legal where we had to go back and pay folks because we decided we didn’t want them to be on that street. But the growth is coming and if you live in any city that’s progressive you’re going to find that traffic is a part of the problem. We don’t ride horses no more. When we were riding horses they thought it was too many of those now we’ve got automobiles so it’s going to be an issue. But I’m just trying to figure out what’s legal. Ms. Wilson: The legal the issue is that this property is zoned Agriculture. Agriculturally zoned property basically allows for one house per acre and the reason is because usually it is developed on septic and you know well. In this particular case the applicant is coming in making a request --- Mr. M. Williams: Hold on, Ms. Wilson, hold on please let me just finish. I’m not debating you about it --- Ms. Wilson: --- okay. Mr. M. Williams: --- I’m just telling you that we have people come every day to change zoning to something else that’s what this I think this constituent is trying to do is change zoning in order to put something there. Tobacco Road was all at one point in time agriculture. At one 12 point everything out there in fact you can, well, but the change is coming and if there’s a legitimate reason or legal reason we can’t do that I don’t see us do what we’ve done so many, many times because we don’t like it. If it meets the guidelines of the law and the septic shouldn’t be a problem. I don’t think we’re allowing him to put a septic tank but then we ought to make sure that the utilities is run in every facet of this government so people could tie into it if they need to. There’s half of this county still off of it right now and we ain’t doing nothing about that. So my comment, Mr. Mayor, was that do we have a legal ground to stand on, Mr. Andrew, to not allow this petitioner to have the change of zoning they want to have. Mr. Mayor: Okay so I’m going to try to take this one. You have a question to the Attorney about whether we have a legal standing to deny this position, is that not true? Is that your question? Mr. M. Williams: That’s my question. Mr. Mayor: All right the Chair recognizes Attorney MacKenzie. Mr. MacKenzie: Sure based on the information provided from the department I would say yes. st Mr. Mayor: All right the Chair recognizes the Commissioner from the 1. Mr. Fennoy: How you doing, Ms. Wilson? Ms. Wilson: (inaudible). Mr. Fennoy: To your knowledge the, I think you had said there’re already four convenience stores within that area. Ms. Wilson: Yes. Mr. Fennoy: Do those four convenience stores operate off of septic tanks? Ms. Wilson: To my knowledge, no. In fact development that we hear here if it’s for commercial we basically check to make sure that they’ve got public utilities because we don’t want to end up being in the position where we’ve approved a use that’s more intense and we don’t have the infrastructure to support it. The other reason for denying this in addition to that is that the applicant came in and made a request for a B-2 General Zoning. There is a variety of things that can go in to the B-2 so just because you’ve got a concept plan doesn’t mean that they can’t come back and say they want to do some sort of multi-family or something else that wouldn’t increase the volume or impact of traffic in addition to the utilities. But at this point in time the reason that the agriculture is still there for the zoning is that there are no utilities extended that far. The closest utility line is about a 195 feet from or the closest sewer line is about 195 feet from this property. And the applicant who is here was asked at the meeting if he had any intentions of extending water or at least the sewer system and the answer to the Planning Commission’s question was no. But we do look at when we give zonings we look at everything 13 utilities, traffic and what the current surrounding zoning is. And then we also look at what we listen to what the neighborhood has to say with regards to input but that’s not the final decision that is used when we make our recommendation. We’ve already made it from the standpoint of basing it on the analysis that we do when we go out and look at the property. Mr. Fennoy: One more question, Mr. Mayor? Mr. Mayor: Continue. Mr. Fennoy: And, Ms. Wilson, to your knowledge have you had a discussion with our Utilities Director concerning sewer lines in that area? Ms. Wilson: We had a copy of the sewer map. Usually we will either talk with the Director or talk with someone on staff. That’s how we knew that the closest line was 195 feet. I don’t know if they’ve got any intention of extending that line but if they do then that’s when we would do a new analysis of that whole agriculture strip to see if it is something that, see what the highest and best use is based on what the infrastructure and based on what the need is. One of the things you don’t want to have happen especially for a road that has had the improvements that have been done on that area is I know the Washington Road condition where you’ve got a lot of commercial that’s grouped up, you’ve got some that’s accessible, some that’s not. You already have multiple convenience stores that are in the area. You also have some vacant commercial that is in the area that could be utilized by the applicant. The other piece of this is that this is a subdivision from a larger parcel of property. The applicant made a request to zone only .97, not even an acre, and based on what was presented it doesn’t meet the requirements for the use that is being presented for parking and things of that nature. So we look at everything, it’s coming before you because the convenience store is one of many uses that could occur on that property but there are a lot of uses that are allowed in a B-2 zoning district. Mr. Fennoy: Thank you. th Mr. Mayor: All right, the Chair recognizes the Commissioner from the 4. Mr. Sias: Thank you, sir. I just want to make you clear along the Tobacco Road corridor no one is against growth. We are looking for growth, we are looking for a way to manage growth, we’re looking for proper growth and right now with the present petition there, there’s some real problems with that. Once these problems are addressed and straightened we’ll At this time, Mr. Mayor, I move that we deny this petition as be happy to look again at these. presented by the Planning and Development. Mr. Fennoy: Second. Mr. Mayor: All right, I’ve got a motion and a second to deny the petition. All those in support of that motion or who are opposed to it you are now voting. Mr. M. Williams votes No. Motion Passes 9-1. 14 The Clerk: ADMINISTRATIVE SERVICES 36. Discuss the evaluation of the Administrator. (Requested by Commissioner Marion Williams) th Mr. Mayor: The Chair recognizes the Commissioner from the 9, the Chair from Administrative Services. Mr. M. Williams: Thank you, Mr. Mayor. I had this put on the agenda so we can discuss whatever tool or whatever we’re going to use to do an evaluation for the Administrator. This is th the 19 of January and in a few more days this month will be gone so I wanted to at least get a conversation started so we can find out where are or what we’re going or what we’re going to do in order to do the evaluation for our Administrator. So someone ought to have, I’m asking I guess for some guidance, Mr. Mayor. I mean somebody needs to let me know, I don’t know if Ms. Jackson has the tools or some other department may have the tools but I’m trying to figure out are we not going to say anything or just let it ride on or are we going to address it. Mr. Mayor: I appreciate you doing that, Commissioner Williams, and I believe there’s probably a lot of discussion that needs to take place with regards to this. I want it to be civil as I know it will and I believe there’s certainly a mechanism for us to be able to move forward with this and do it in a manner that is both professional and allows us all to be able to do that. I’m going to go down on the end. The Chair’s going to recognize the distinguished Commissioner th from the 5 Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I agree with the Chair of Administrative Services this is something that needs to be done but the part I don’t agree with I think we should take this in Administrative Services before it gets to the full Commission. Thank you. Mr. Mayor: Well, I know you can. Mr. M. Williams: I’m in agreement with that. Mr. Mayor: Right, I’m going to go in order. I’ve got a light up here, it’s a mental one th and I’m going to go to the Commissioner from the 4 and then I’m going to go to the st Commissioner from the 1 and then I’ll come back to you, that’s the order the lights showed up. Mr. Sias: Thank you, sir. Reference this agenda item we, I believe we all received some advanced information from our Administrator which is a good platform for us to start the planning. So it would be my suggestion and my motion that we refer this back to the Administrative Services Committee to utilize and review the information that the Administrator provided us as a template and that could be our starting point. st Mr. Mayor: Thank you for that. The Chair recognizes the Commissioner from the 1. 15 Mr. Fennoy: And Commissioner Sias just expressed my sentiments but, Mr. Mayor, if you’re going to remember folks in order the way you just did we may not need a system up here, save a lot of money. Mr. Mayor: All right, let’s hold on for a moment. All right, here’s what I want you to do st Commissioner from the 1 I want you to restate your motion. Mr. Fennoy: It was Commissioner Sias. Mr. Mayor: Okay all right I want you to restate your motion but then I’m going to th. recognize the Commissioner from the 9 All right, restate your motion. Mr. Sias: Move that we utilize the template that the Administrator has provided to us and once we agreed on to review the template to have an agreement and start this at Administrative Services understanding that once we get to the grid of it that becomes a legal issue or an executive session issue with that understanding. But Administrative Services referring it back that will be to agree on the template. That would be the motion. Ms. Davis: I’ll second that, Mr. Mayor. th Mr. Mayor: All right, Madam Clerk, we’ve got a motion from the 4 and a second from stth the 1. Okay all right now, I want to hear from the Commissioner from the 9 the Chair of Administrative Services. Mr. M. Williams: Thank you, Mr. Mayor, and in view of this transparency I brought this to the full Commission to at least start a conversation or dialogue. I could’ve put it on Administrative Services then someone would say well no one knew anything about it. I don’t think we ought to be making any kind of decision. I don’t think anybody is trying to evaluate today but I did want to bring this, this item won’t go away until we address it. So I thought by putting it on the Commission everybody would have a voice or comment. And we can send it to Administrative Services but in Administrative Services all we’re going to be doing is selecting a process but we cannot use a process in that committee meeting. We will have to go into an executive session where we’ll have to spend some time among ourselves in order to do that. So you know I just wanted to let my colleagues know I agree with what’s been said. This wasn’t to address it today; this is to get the conversation started. It ain’t going to get up and walk off this agenda by itself unless somebody takes it off. Mr. Mayor: Well, let me speak to this and then we’re going to move very quickly. I applaud you for bringing it forward. I think you have support from your colleagues to do what you just said, one there’s a tool and I want to make certain that is not going to be some big conversation. We have a stellar Administrator who’s done a fantastic job in working with us and as such I want to make sure we handle this in that same manner. Having said that we’ve got a motion to refer this to committee but use the tool. I don’t know if everybody’s had a chance to review that, that’s right, to select a tool. We’ve got some recommendations or suggestions out there. All right and that’s what we’ll do. All right, voting. All right as we do that I want to suspend for a moment beyond when we finish voting. Mr. MacKenzie. 16 Motion Passes 10-0. Mr. Mayor: Suspend just for a moment. All right let me, let me have everybody’s attention, this is our posture. All right the Commission will stand at ease for five minutes. We’ll stand at ease for five minutes. Mr. M. Williams: What’s that mean, Mr. Mayor? Mr. Mayor: That means that you’re not going to take any action or do anything. All right, let me tell you where we are. Item 35 that we just took action on I’m trying to explain it to you now. Item 35 we need to give consideration to reconsidering our action. The petitioner by law has a right to speak to this issue; the petitioner did not get an opportunity to speak to this issue. Okay they are not here all right we will move forward. Okay we’ll move forward on the next item. This is what our posture is. The Chair’s asking the Commission to reconsider its action on Item 35 for the express purpose that the petitioner did not get an opportunity to speak to this matter. What we will do is ask to reconsider our actions and then we’ll refer this to the next full Commission meeting. All right the Chair’s going to recognize the Commissioner from th the 4. Mr. Sias: Thank you, sir. In consideration of that what was brought to our attention that I submit, I move that we reconsider our the applicant did not get an opportunity to speak motion, the action taken on Item 35 along with referring it to the next full Commission meeting. Mr. Lockett: Second. Mr. Mayor: All right, we’ve got a motion and a second to refer this. All right we’re going to do one thing first, Commissioner. Mr. M. Williams: You’ve got a motion and a second. Now is the time for any questions or comments I believe now. If the rules state different --- Mr. Mayor: You don’t have to spell out the rules. I know the rules, I’m going to give th you an opportunity to speak. All right the Chair recognizes the Commissioner from the 9. Mr. M. Williams: Mr. Mayor, I need to know why we wasn’t informed of that by the Legal Department when that was taking place. Now we done dismissed that action, we went on to another one and we got a Legal Department, a legal representative sitting there now we got to go back and redo something then send it back. So I need to hear why that wasn’t brought up then. Mr. Mayor: The Chair recognizes Attorney MacKenzie. 17 Mr. MacKenzie: Sure I’d be happy to address that. I was not aware that he was actually present in the chambers. I was only notified of that after the vote. If I had been notified sooner I would have certainly let you know. Mr. Mayor: Okay I think that’s certainly appropriate. All right we’ve got a motion to reconsider our action and a second. Voting. Mr. D. Williams abstains. Mr. M. Williams votes No. Motion Passes 8-1-1. Mr. Mayor: Thank you, thank you. All right thank you. All right we’ve got that action. All right now I think what’s proper, Mr. MacKenzie, is for us to have a motion to refer this back to the next full Commission meeting or did we do all of that in the same motion? Mr. MacKenzie: It was all in the same motion. Mr. Mayor: All right very good, fantastic. Item 37. The Clerk: ADMINISTRATIVE SERVICES 37. Motion to approve dividing the 2016 Commission’s travel and training budget $29,020.00 equally between the ten Commissioners with the following conditions. a.) Each Commissioner’s allocation is $2,902.00. b.) Commissioners may elect to share part or all of their allocation with other Commissioners. C.) Any monies requested from another budget requires Commission approval. D.) The Administrator’s budget will not be used t support Commission travel and training. (No recommendation from Administrative Services Committee January 12, 2016) Mr. Mayor: Well, we received no recommendation from the Administrative Services Committee and as such the Chair’s going to recognize the Chairman of Administrative Services, Commissioner Williams. Mr. M. Williams: Thank you, Mr. Mayor. I disagree with dividing the money equally among each Commissioner. If we do that are we saying that’s money that I can decide to go to weaving baskets and training to do that I can decide to go somewhere I want to go or do we have guidelines that we have in an association like the ACCG, GMA and the NLC the National League of Cities that we pay dues into to affiliate with. Now if we divide this money up equally and everybody’s got an amount and it’s your amount or my amount, Mr. Mayor, and I decide to go and not to go don’t you think that’s going to create, I’m just asking you a question don’t you think that’s going to create some discord at least to say well I’ll let you have mine if you vote for A, B or C. I just think that’s the wrong way to do it. I just think that we ought to have a better way of doing that then trying to divide the money equally. The money is for training and travel, everybody’s been talking about travel but if you don’t go to training then you don’t need to travel so you ought not get none you not besides the Mayor I’m talking about elected persons. If 18 you divide the money up I ain’t got to go to training because I’m going to say the money’s already mine. The money ought to be designated for what it needs be done with and that’s going to further education in order to help do some things. Those folks who laughed at those goats, Ms. Bonner, are the same folks who ain’t laughing no more but I saw that somewhere else. It don’t take no rocket scientist to come up with all this stuff by yourself all you got to do is look across the aisle, across the river, across the room, somebody else had done something that you’re dealing with and it helps you a great deal if you just network with them. So that’s my comment, Mr. Mayor, I don’t think we ought to be dividing the money up equally among the Commission and then they’re going to use it at their discretion it ought to be mandatory we go to training. Mr. Mayor: Well, I think you’ve directed your comment to me and I’ll give a general comment now and maybe after there’s discussion I’ll weigh in on this matter but I too share your grave concerns. I don’t know of any other elected body that I have been a part of nor had a relationship with any of the other elected officials where that approach was taken. It could prove injurious from an elected official standpoint. It’s almost like casting lots for Jesus’ robe, I don’t think that’ what we should be doing. But having said that I want to hear from your colleagues and I think the rest of them do too so I’m going to weigh in at the appropriate time. The Chair ththst recognizes the Commissioner from the 4 then the 5 and then the 1, in that order. Mr. Sias: Thank you, sir. You know maybe it’s a maybe it’s a disservice but from my time in the United States Army and doing my own budget I lived on a budget and your budget serves whatever purpose it’s been designated for. We’re talking about the training and travel and I’m not going to make a long story and a long speech here but it’s simple what it says this is just to give everybody an opportunity to do the training. I’m not sure when it became a travel thing or a vote selling thing but I don’t think you need to have your travel or training budget to be able to do your legal vote. And I don’t think that’s the problem that’s relegated to training and travel budget. If you’re going to do something wrong you’re going to do something wrong, the thing I did here was is just make it fair. So with that being said understanding that conversation and things will continue on this particular agenda item but with that being said I move to move for approval. Mr. Mayor: I appreciate that but I’m going to ask you to hold off on that. I hadn’t recognized you for a motion at this time. I gave the order upon which I was going to hear from th speakers that it was going to go to you and then the Commissioner from the 5 and then the st Commissioner from the 1. I will come back to you at the appropriate time. The Chair th recognizes the Commissioner from the 5. Mr. Lockett: Thank you, Mr. Chairman. During the committee I thought that I really explained why training with or without travel and traveling and just sort of as a coincidence we’re trained but basically you’ve got to travel in order to get to your training. We have three out of ten Commissioners that are certified. Certification is extremely important because you have taken classes you participated in classes that teach you what you are supposed to do as a member of the governing body. And it’s kind of mind boggling and upsetting that some of the people that are pushing this have only been on the Commission about one year and haven’t attended the training whether it be local or whether it be at the national level. At least you need to go one time and find out is it worth the effort. Studies show that where governments and 19 businesses make mistakes is when there’s an economic downturn or budget shortfall fall the first thing they want to do is cut training and that’s the very worst thing that you can do. And this number I mean sure you will convince some taxpayers that hey we cut it or limited to $2,000 we’re doing a good service for them but we are not. And myself in particular I serve on the board for Georgia Municipal Association and there are three times a year that I need to travel and one would be this weekend to Atlanta, okay? I brought Age Friendly initiative for Augusta Richmond County once or twice I need to go to Washington DC. Now if you want me to resign or step down from my position with the Municipal Association, if you want me to walk away from Age Friendly well then limit me to $2,000 and some dollars and that is what will happen. But I have heard so many of my colleagues go around saying that we need this because I wanted to go to training last year and there was no money. That is not true. There were certain monies in the past that come from out of the Clerk’s Office and there was money that came out of the Administrator’s Office. And after those rumors came out I was still allowed to go to training because the money was indeed available. So let’s stop misrepresenting the truth. Let’s put it the way it is and if you don’t want to go to training don’t deny anybody else that opportunity. Some of us want to learn and some of us want to be the very best commissioner that we can be. Thank you, Mr. Mayor. st Mr. Mayor: Thank you. The Chair recognizes the Commissioner from the 1. Mr. Fennoy: Mr. Mayor, I don’t think the problem is traveling and training. I think the problem is the amount of money that’s allocated for travel and training. I think Ms. Bonner and, did a cost of what it would cost to send two of the state travel and training what it would cost to attend the state and both national training, what it would cost to attend the both state and one national training and based on the allocation we would only have money, and based on the amount of money that’s allocated for training we just don’t have, there’s not enough money that’s allocated for training. What I would like to see is additional monies placed in our budget so that we could attend the ACCG, the GMA Conference and one of the two national conferences. And those that don’t want to go then whatever money is left from their particular budget be turned back in to the General Fund. But I think for me the biggest problem is not having enough money in our budget so that all of us could go and get the training that we need in order to be certified. th Mr. Mayor: All right the Chair recognizes the Commissioner from the 8, Finance Chair. Mr. Guilfoyle: Thank you, Mr. Mayor. You know sitting back listening to everybody and you know if you don’t want to go to training then don’t deny others from learning. But the problem I have found out by pulling the numbers last year we had four people spend a total of $27,468.00 in travel where the five spent a total of $8,153.00 dollars and nine cents. One did not even go. The problem is on the training for the new commissioners I’m not one of the new ones, it’s my fifth year here and the problem that I see is the main thing that we’ve got to do is focus on the new commissioners that has not been certified. Let’s make sure they get their in state training for ACCG and GMA. As far as going out of state I don’t until you’re certified I don’t think you need to focus on going out of state, that’s just my belief. I know that the Option 1 that the Clerk had gave us showing four days which I’ve only went for two nights and you can usually get all your training done on that weekend. So between ACCG and GMA you’ve got a 20 total of $2,400 dollars, $2,403 dollars and twenty-cents so if you set $24,000 dollars aside out of the $29,000 budget that insures that everybody gets to go to ACCG and GMA and then have the commissioners that want to go to NACO or National League of Cities do it on a rotating basis no different than what required, is required of our staff. The whole staff don’t go all at one time either. And just for the Clerk’s position I know that we give out mileage when we travel but if somebody’s using their gas card they should not be paid mileage because they are already utilizing the whole purpose of getting paid the mileage by using their gas card. So if there’s any discrepancy I wouldn’t know but that would save some of the expenditures out of our budget as well. But my motion is to set $24,000 dollars aside and let the commissioners that’s been certified do it on a rotating basis to go to NACO or National League of Cities. That would be the easiest thing I could come up with. Mr. Frantom: I’ll second the motion but I thought we weren’t doing motions (inaudible). Mr. Mayor: I hadn’t recognized anybody for a motion there was a debate going on. I thst went down to the Commissioner from the 5 then to the 1 as I indicated and then I came back to thth the Commissioner from the 8 and if, all right the Chair recognizes all right I said the 4 I will th go back to him. I’m going to recognize the Commissioner from the 4. Mr. Sias: Motion (unintelligible) at this time? Mr. Mayor: If there’s an inquiry --- Mr. Sias: Move to approve the agenda item as displayed . Mr. Hasan: Second. Mr. Mayor: --- all right I’m recognizing him now, Madam Clerk, for a motion. We’ve th got a second from the Commissioner from the 6. The Clerk: We have an original motion and substitute motion on the floor. Mr. Mayor: No substitute there’s an original motion to approve as written. Mr. Guilfoyle: Mr. Mayor, I said a substitute motion, sir. Mr. Mayor: Oh you did give a substitute? Mr. Guilfoyle: Yes, sir. Mr. Mayor: Okay, I didn’t hear that. All right let’s pause. All right the Chair recognizes th the Commissioner from the 8 to restate your substitute motion. Mr. Guilfoyle: Mr. Mayor, I would like to set $24,000 dollars aside so we could actually go and attend the ACCG and GMA Conference. Whatever money’s left over or not used going 21 to these two conferences let the Commissioners that’s been certified utilize that funding on a rotating basis, sir. Mr. Mayor: Okay, all right, I’ve got a substitute motion and a second. All right I’m th going to recognize the Commissioner from the 5. Mr. Lockett: Thank you. I’ll be brief, Mr. Chairman, thank you very much. Finance did the numbers the training that we have now constitutes approximately .0 --- Mr. Mayor: Commissioner, can you suspend --- Mr. Lockett: Oh I’m sorry. Mr. Mayor: --- can you suspend. Do you have information from Finance that you can share with the rest of us? Mr. Lockett: I provided it all during the Committee meeting. Mr. Mayor: Okay, all right thank you. Continue. Mr. Lockett: Basically I wanted to say that the amount of money we spent for training is extremely insignificant if you want to compare it to our General Fund budget. If you want to just point .0 something like 88.1, something like that. If you go out to about ten digits this came from the Finance Director and I presented it during Committee last week. So it’s just a tidbit of our General Fund budget. I mean and I agree with my colleague Commissioner Fennoy and it’s obvious we need training we need all the training we can get. Mr. Mayor: All right, Madam Clerk, I have in front of me now some information that I was not aware of before. I believe it’s the information you submitted to the Commissioners, this right here. The Clerk: Yes, sir. Mr. Mayor: Okay and on it it has estimated travel costs that was a request for you to put that together. Is that correct? The Clerk: Yes, sir. Mr. Mayor: And on that what it does is it takes the four primary events that happen in the fiscal year and you’ve calculated the costs associated with that. Is that correct? The Clerk: Yes, sir. Mr. Mayor: And as such I’m going to direct this to the Administrator. Madam Administrator, we don’t employ zero based budgets in here and as such any monies that are not spent during the course of the fiscal year are simply returned to the General Fund. Yes, no? 22 Ms. Jackson: Yes, it goes into our Fund Balance. Mr. Mayor: Okay and so based on what the Clerk has provided us at a minimum if an elected official were to attend these events because of their role, because of their leadership position or so forth they would at a minimum need about $8,500 dollars for educational purposes. Is that not true based on the calculation that’s in front of us? The Chair has the floor, is that not true? Ms. Jackson: Yes, that’s correct. Mr. Mayor: Okay and in the event that if there was an allocation of $85,000 dollars towards educational purposes for elected officials and if only six of them traveled at all the $85,000 would not be spent but just a portion of that, is that not true? Ms. Jackson: That’s correct. Mr. Mayor: Okay, all right, okay. All right, so I’m going to weigh in on this now. I don’t remember reading an article about how elected officials in North Augusta travel. I don’t remember seeing an article about how officials in Columbia County travel and what we spend, what they spend but yet here it is in the hub of this region we have turned this situation into what I call poppycock and we keep talking about it and we keep talking about it. We’ve got individuals who were duly elected in their districts to represent them. Not only to represent them but to represent the City of Augusta. I don’t read about it. I don’t watch it on television and yet here it is through political posturing we find ourselves at a place of where we’re saying we’re going to tamp down on a particular commissioner because of the perception that he travels too much. I’m not sure where we do that at but at some point we’ve got to make progressive decisions that move this city forward. You know we see a lot of things in Augusta but we go to other places. We learn, we observe, and we glean from those things. There is something they call best practice. I don’t see a best practice in this through fiat deciding that we’re going to th allocate $24,000 knowing without question that the Commissioner from the 5 who is statewide a member of the GMA Board of Directors cannot function in that capacity representing the second largest city in the State of Georgia because we decide, you decide that if you allocate $24,000 he can’t serve in that role effectively. Our community, our city has been recognized nationally for the Age Friendly stuff and that requires you to travel. I don’t know what you’re going to decide to do but at a minimum this is not a conversation that we should be having today, we shouldn’t be debating about it. Elected officials all across this country, the state, they travel they do things to support their city. In fact I was in a conversation with the Mayor Pro Tem and th the distinguished Commissioner from the 9 with the Administrator about taking an Economic Development trip. Are we going to decide that that’s a bad idea because we think it costs too much and the taxpayers will be upset about that? I don’t think so. I think it’s high time for us to do something but not what we’re about to do right now. You can, it’s certainly well within the right of the commission to do that but I would caution us. Nobody else has this conversation but Augusta. I’m not sure why. No one writes about any other community or any other county other than Augusta Richmond County. I believe that you’ve got honorable people who want to do the 23 right thing but the action you’re about to take calls that into question, calls that into question. We’ve got a substitute motion and a second on the amount of $24,000. Voting. Mr. Frantom and Mr. Guilfoyle vote Yes. Mr. Fennoy, Mr. D. Williams, Ms. Davis, Mr. Sias, Mr. Lockett, Mr. Hasan and Mr. M. Williams vote No. Mr. G. Smith abstains. Motion Fails 2-7-1. Mr. Mayor: Madam Clerk, we’re now to the main motion the main motion as presented for a similar amount. My comments apply to this as well. I don’t know what you’re going to do but we will find out. Mr. Fennoy: (Inaudible). Mr. Mayor: Well, the Chair recognized you and you’re certainly in order for an inquiry but I’d like to just tee it up and go on and vote for it and ya’ll are going to take action on it and do what you’re going to do if you don’t mind. I think this can be handled a better way and it takes it out of the media’s hand and you make decisions based on what the media writes or reports. I just believe so, I just believe so. Madam Clerk, we’re ready for voting. Mr. D. Williams, Ms. Davis, Mr. Sias, Mr. Hasan, Mr. Frantom and Mr. Guilfoyle vote Yes. Mr. Fennoy, Mr. Lockett and Mr. M. Williams vote No. Mr. G. Smith abstains. Motion Passes 6-3-1. Mr. Mayor: Item number 38. The Clerk: ADMINISTRATIVE SERVICES 38. Discuss the Compliance Director position. (Requested by Commissioner Marion Williams) th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. This has been an ongoing problem for quite some time, Mr. Mayor. This city spent $500,000 dollars on a Disparity Study that came back and said Augusta Richmond County was discriminating against women and minorities. We have thrown this ball back and forth for so long til I can’t tell you how long it’s been and I am embarrassed to even be addressing it today. We just heard an awesome prayer and some of it was taken from the prayer that Martin Luther King had prayed but I’m embarrassed to think that we have a problem in this city that we won’t even address and we keep acting as if it’s going to go away. Now we finally got to a point of hiring and getting a Compliance Officer and we keep pushing it back and forth. You know what I think we really want to keep this ball bouncing, we 24 don’t want it to stop not really. We want to keep it like it is so that way we can say we’re not doing anything. But I’m embarrassed to know that we have not done something. I’m really surprised that we don’t have a line of people from that doorway there all the way out to the parking lot filing a lawsuit against this government because of discrimination and the practices that we’ve been having. And everybody acts like it’s going to disappear like in every religion you just imagine that but that pink elephant is in this room and he’s alive and well. He ain’t sick. Out of all the contractors we’ve got and someone got on the agenda to talk about local contractors. Of all of the contractors we’ve got with the City of Augusta we’ve got zero minority contractors. Now we’ve got some subcontractors. We’ve got some people that are doing some work for other people but as far as contracts we’re still on zero. Out of all the money we spend, Tom, I’m looking at you because you’ve got a lot of money I keep telling you that. You tell them to do a lot of work but we ain’t found nobody that can do it but the same four all the time. I got a problem I got a real problem with that, Mr. Mayor, and we’ve been talking about it we act like we’re ready to do something we act like we want to find something and we’ve been pushing this ball back and forth back and forth. You know who I fault. I don’t fault the folks out there. I fault the folks in here who’s always talking to you but we’ve got a lot of rocket scientists up here and everybody talks about what we want to do but you watch their actions. We just took some votes a while ago and it was crazy but we took them. I’m tired of folks saying in my ear about how they love you and all this kind of stuff but their actions don’t say that. And I’m not for one to sit here and let folks think they’re getting away with it either. I may not be able to change it, Mr. Mayor, but I guarantee we’re going to talk about it at least for a few more months anyway I mean the rest of this year and then maybe every year beyond it. The man say vote for change, I might want some change. I ain’t got no problem with that. Change is good because we sure didn’t do it up here. But I’ve got a problem, Mr. Mayor, when we have spent that kind of money taxpayers money. Legal had sit there and told us at one point we didn’t have to do none of that we could’ve done solved this problem. We ain’t been nowhere so I put this on the agenda to find out what are we going to do? It don’t make sense to keep bringing it back and forth and back and forth. If I had my way, Mr. Mayor, I’d make a motion when motion time comes to go out for a new search and just start all over again. If we can get six votes to do that I’ll make that motion when the motion time comes. I know you didn’t recognize me for a motion but I think we ought to be embarrassed to sit up here men and lady and talk about we love everybody and we’re going to do everybody right. Love is an action word and I ain’t seen it yet. Mr. Mayor: Well, you have the floor and I’d certainly recognize you for a motion. This is certainly an appropriate time if you’d like to be recognized for one. Mr. M. Williams: My motion is would be to go out and do a brand new search, Mr. Mayor, for a Compliance Officer for the City of Augusta. Mr. Fennoy: Second. Mr. Mayor: Okay, we’ve got a motion and a second to go out and search for a new candidate for the position of Compliance Director. All right. Mr. Sias: You’ve got a hand down there. 25 Mr. Mayor: I’m going to go down there. I need to make sure my notes are right. The th Chair recognizes the Commissioner from the 6. Mr. Hasan: I’d like to make a substitute motion. Mr. Mayor: Okay. Mr. Hasan: A substitute motion that we hire Carmen Alexander for the Compliance Director. Mr. D. Williams: Second to hire Carmen Alexander. Mr. Mayor: All right, I’ve got a substitute motion to hire Ms. Carmen Alexander and a second. Mr. M. Williams: Mr. Mayor, could we have a roll call vote please? Mr. Mayor: Okay. All right the substitute motion, Madam Clerk, is to hire Ms. Carmen thnd Alexander, motion from the 6 second from the 2. The Chair recognizes the Commissioner st from the 1. Mr. Fennoy: Ms. Alexander is currently serving in what capacity with the city? Mr. Mayor: All right, the Chair recognizes Administrator Jackson. Ms. Jackson: Yes, we contracted with Ms. Alexander to provide EEO services at the point that the former EEO Coordinator was terminated. So at this point that is her only area of responsibility. Mr. Fennoy: And how long has she been in this position? Ms. Jackson: Approximately April of 2015 I believe. Mr. Fennoy: And how much money have we paid her as a contractor? And to follow up on that how much what’s the salary requirement for the EEO position? Ms. Jackson: Her, I’m sorry I don’t have the total amount that she has been paid with me. Her hourly compensation is $100.00 dollars per hour but I’m sorry I don’t have the total amount that she’s been paid since that time with me at this point. Mr. Fennoy: And based on the hourly compensation if we continue the hourly compensation we’ll be ending paying $156,000 dollars a year? Ms. Jackson: I haven’t calculated that much. I will say her average hours per week have been about, excuse me, yes per week have been about 30 hours per week over that time period. 26 Mr. Fennoy: And I think that totals about $156,000. Mr. Hasan: No, sir, Mr. Mayor. st Mr. Mayor: All right the Commissioner from the 1 has the floor let’s stay in order and at the appropriate time I’ll recognize you. Mr. Fennoy: And what’s the salary range for the EEO position? Ms. Jackson: For the EEO position or the Compliance Director? I just want to be clear. Mr. Fennoy: The EEO position. Ms. Jackson: The EEO position the salary range has been approximately $75,000 dollars. Mr. Fennoy: So assuming my calculations are correct we could end up paying Ms. Alexander twice the amount what that position calls for. Ms. Jackson: If you assume that that calculation is correct, that’s true. We also though I want to factor in from budgetary purposes just to be clear when you all approved the proposal to create the Compliance Director position we budgeted salary for the Compliance Director as well as for an EEO position so just to be clear that EEO position is not the only money that’s being used to currently compensate her on that contract. Mr. Fennoy: And we also budgeted for an ADA. Ms. Jackson: Yes, in that position I think we budgeted at five, that office we budgeted five positions and EEO/DBE Compliance Director, and EEO Coordinator, a DBE Coordinator and an ADA Coordinator person as well as a clerical staff person. Mr. Mayor: All right, I’ve got a substitute. All right, the Chair recognizes the th Commissioner from the 9. Mr. M. Williams: I just want to get something clear, Mr. Mayor, and Commissioner Fennoy asked a good question and I guess my question is the position that’s been filled is not a Compliance Director but it’s an EEO position that’s been filled now. Mr. Mayor: All right, so your question is the position that is currently being contracted is the EEO position right? Mr. M. Williams: Am I right? Mr. Mayor: That is correct. Mr. M. Williams: Okay so that position is being paid at that rate because it’s being contracted I’m assuming. 27 Mr. Mayor: That’s not necessarily the case. Mr. M. Williams: Well, I’m trying to figure out how did we get there because I was under the assumption that that was the Compliance that was temporary assigned. I mean I try to hold all this stuff together, Ms. Bonner, but I missed it I really missed that. I thought sure that that was that position but I’m hearing now that’s an EEO position. So the previous person that was in that position didn’t make that hourly wage I’m sure of that but I was thinking that that was, I guess it caused some confusion up here. Mr. Mayor: I understand. To your point the EEO Coordinator position I believe had an annual salary of $75,000 plus. That was what the salary was for that full-time position at the time. You contracted that position out based on an action of this body and that person is under a contractual obligation which is being paid as Ms. Jackson just indicated $100.00 dollars an hour. st The question that’s before us right now and the Commissioner from the 1 has asked these questions but the question that’s before us is there support for a substitute. And that substitute is for the hiring of one Carmen Alexander to fill the role of Compliance Director which in another action by this body would be the directorial position of where DBE, EEO and ADA would fall up underneath that again all based on an action of this body. That’s our posture right now. I’ve got a substitute motion and a second. Mr. M. Williams: With a roll call vote? Mr. Mayor: All right, Madam Clerk, we’re ready for a roll call vote. The Clerk: Roll call on the substitute motion? Ms. Davis. Ms. Davis: Yes, ma’am. The Clerk: Mr. Fennoy. Mr. Fennoy: No. The Clerk: Mr. Frantom. Mr. Frantom: Yes. The Clerk: Mr. Guilfoyle. Mr. Guilfoyle: No. The Clerk: Mr. Hasan. Mr. Hasan: Yes. The Clerk: Mr. Lockett. 28 Mr. Lockett: No. The Clerk: Mr. Sias. Mr. Sias: Yes. The Clerk: Mr. Grady Smith. Mr. G. Smith: No. The Clerk: Mr. Dennis Williams. Mr. D. Williams: Yes. The Clerk: Mr. Marion Williams. Mr. M. Williams: No. The Clerk: Mr. Mayor? Mr. Mayor: We’ve got a tie? The Clerk: Yes, sir. Mr. Mayor: We do? The Clerk: Yes, sir. Mr. Mayor: No. Mr. Mayor, Mr. Fennoy, Mr. Guilfoyle, Mr. Lockett, Mr. G. Smith and Mr. M. Smith vote No. Motion Fails 5-6. The Clerk: Primary motion? Mr. Mayor: Yes. The Clerk: New search for a Compliance Director. Ms. Davis. Ms. Davis: Yes, ma’am. The Clerk: Mr. Fennoy. Mr. Fennoy: Yes. 29 The Clerk: Mr. Frantom. Mr. Frantom: Yes. The Clerk: Mr. Guilfoyle. Mr. Guilfoyle: Yes. The Clerk: Mr. Hasan. Mr. Hasan: Yes. The Clerk: Mr. Lockett. Mr. Lockett: Yes. The Clerk: Mr. Sias. Mr. Sias: Yes. The Clerk: Mr. Smith. Mr. G. Smith: Yes. The Clerk: Mr. Dennis Williams. Mr. D. Williams: No. The Clerk: Mr. Marion Williams. Mr. M. Williams: Yes. Mr. D. Williams vote No. Motion Passes 9-1. Mr. Mayor: Item number 39, Madam Clerk. The Clerk: ADMINISTRATIVE SERVICES 39. Approve Resolution in support of using local labor on SPLOST funded projects. (Requested by Commissioner Dennis Williams) nd Mr. Mayor: The Chair recognizes the Commissioner from the 2, Commissioner Dennis Williams. 30 Mr. D. Williams: Thank you, Mr. Mayor. Basically what this resolution is is to remind the public and to show the public the commitment on behalf of the Commissioners to insure that any contract or projects that come out of SPLOST we’ll make sure that we try to, to make sure that we will use local vendors, local contractors, subcontractors and local laborers in accomplishing that project. And also it would also help to show our commitment to improving the (unintelligible) program that we have on hand to insure that every individual in our community that has a business can do some service with the government, very simple. th Mr. Mayor: All right, the Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor, I’ve got a couple of questions. I’m in support of this resolution, I mean I’m in support of the local labor or business that we can use. But my question I guess, Mr. Mayor, would be to the Attorney. What happens what guidelines do we have or what’s the penalty if we don’t use the rule that SPLOST has already been set up to go by. And if I can make it just a little bit clearer, Mr. Mayor, when we vote on our Special Option Local Sales Tax that there are guidelines and those guidelines are not used or misused what’s the penalty I guess that would be easier. Mr. MacKenzie: Well, if you were to pass a resolution that was inconsistent with those guidelines then you’d be in violation of state law however this resolution is consistent with the requirement. Mr. M. Williams: I’m not talking about the resolution. My question to you was if we don’t follow those guidelines whether it be with this resolution or any time if the SPLOST voted was passed by the taxpayers there were guidelines put in place. And if we’re not using those then we’re breaking the law. Mr. MacKenzie: That’s correct. Mr. M. Williams: Okay, so what’s the penalty I’m asking you if we have, because I’m in support of this resolution but any time that we take the sales tax money and use it for anything then what was voted for then I think we are in violation. So my question to you is who do I turn to? Do I turn to the Legal Department, I turn to the Mayor, do I turn to the state attorney, GBI, FBI, the local Sheriff? I need to know if those rules are being broken. Mr. MacKenzie: I’ll be happy to answer it. If the rules are being broken then you could be subject to a number of different penalties. It would depend on which rule was broken and what the nature of the penalty would be. It would also be dependent on the amount of money involved, which fault it was, what laws were in place for that particular SPLOST. One of the significant penalties could be a requirement to repay the SPLOST funding. That’s typically a significant penalty if you are misusing SPLOST funds. Mr. M. Williams: Okay, okay, that helps me a little bit that don’t satisfy me but helps me a little bit now I can get to where I need to get now. 31 Mr. Mayor: I’m glad that helps, Commissioner, I appreciate you on that one. All right so all the Chair will entertain if you have no further discussion the Chair will entertain a motion. Mr. Hasan: Mr. Mayor, I have a question. th Mr. Mayor: All right, the Chair recognizes the Commissioner from the 6. Mr. Hasan: Yes, sir, Mr. Mayor, per Commissioner Williams’ question I’m trying to remember what rules came with the passage of SPLSOT in terms of does it have an impact on what Commissioner Williams is putting before us today. Can somebody share that with us? My major concern is that if are we are just imposing on what we already have in place and putting us in harm’s way. So there’s two questions there, Mr. Mayor, one may be for Ms. Sams and one may be for Andrew for answering Commissioner Williams’ question if you don’t mind, Mr. Mayor. Mr. Mayor: All right so all right so let me try to frame this. You’ve stepped into the concerns or questions related to Procurement which is appropriate but also the statutory provisions of state law with regards to this. I’m going to bring everyone back and direct everyone’s attention to Tab 39 in your notebooks. This is a very simple resolution as we will call it. It simply is a resolution of support. It in no way changes, impedes or usurps current law whether that be local, state or federal with regards to Procurement or contracting. A very simple th resolution. All right based on the Commissioner from the 6’s question which is in concert with th what we’ve heard from the 9. Attorney MacKenzie, speak to this. Mr. MacKenzie: The question’s pretty broad natured with what laws are applicable to SPLOST funding. There’s a number of different laws and a number of different areas. A nutshell summary would be you have to use SPLOST funds for the purposes for which they were listed on the referendum and approved by the voters in addition to a whole host of other requirements that are established by state law. Mr. Hasan: Yes, can I follow up, Mr. Mayor? Mr. Mayor: Yes, sir. Mr. Hasan: Thank you, sir. Well my question, Mr. Mayor, was in reference to Commissioner Williams’ question in terms of how this is impacting does it in any way put us in harm’s way. On the face of it it does not for me but our Attorney did say it would if this was not probably much imposing on it in some kind of way. I don’t necessarily see that in terms in even what he just said what our Attorney just mentioned. That still does not say there may not be some things Ms. Sams may want to share with us around this area this issue. But in terms of what the answer to Commissioner Williams’ I didn’t see the conflict or the concern. Mr. Mayor: All right, that’s absolutely correct. I’m going to draw everybody’s attention again to Tab 39. Perhaps the most important piece is the last paragraph. Now therefore be it resolved by the Augusta Commission that the local preference provisions and the Local Small Business Program contained in current code shall be used to the maximum extent. What this 32 resolution simply does is say we acknowledge that we have code in place to support the Local Small Business Program and that we are simply urging that we make sure that we do that, nothing more, nothing more. Mr. Hasan: Thank you, Mr. Mayor, there’s no news from Ms. Samms but (unintelligible). Thank you, Mr. Mayor. Mr. Mayor: All right, all right, I’m ready to vote on this. The Clerk: I need a motion. nd Mr. Mayor: We had a motion from the Commissioner from the 2. Mr. D. Williams: Yes, so moved. The Clerk: Who seconded it? th Mr. Mayor: The Commissioner from the 6. All right the Chair recognizes the st Commissioner from the 1 because he wanted to --- Mr. Fennoy: I’m done. th Mr. Mayor: --- all right. The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. For clarity if Ms. Sams would, if I could ask Ms. Sams a couple of questions and it’s got nothing to do with this resolution. I agree with you this resolution is just restating what’s already been stated and we’re just trying to reinforce or stand behind and let this body know that we are in support of that. But the SPLOST question that I asked the Attorney, Finance or either Procurement is totally different because the SPLOST rule is still the rule whether it was this SPLOST or the last SPLOST we don’t add no new rules to them, the rules are there. This resolution is just in support for those rules are still in place. It doesn’t change them like you stated, Mr. Mayor, several times it just enforces that that we are in concert with that we all agree. But those SPLOST rules was put in place from the very first SPLOST and they carry on through whatever SPLOST we have. Mr. Mayor: So tell me your question. Mr. M. Williams: My question is to Ms. Sams is when it comes to Procurement or doing work with SPLOST money I need to ask what’s the process because that has to be and I don’t want to insinuate what it would have to be, I want to hear from her. I need to know what’s the process when you spend SPLOST money on projects there’s a procedure that you have to go by or you’re breaking the law. And there’s some contracts this is not one of them, Mr. Mayor, thank you, sir, but there’s some contracts also that goes along with the SPLOST that was written and comes through the Legal Department that supposed to be identified or go along with those rules. So I need to know from Ms. Sams what help me understand the rest of them understand I just don’t. 33 Mr. Mayor: Okay all right so, Commissioner, I hate to do this, I do I hate to do this but I’m about to do it. We have a simple resolution before us and you’re asking questions that in the Chair’s opinion are not germane to the resolution. You’re asking questions that relate to what are the SPLOST Procurement methods and what the policies are. That really is not germane to the resolution. The resolution says that we would encourage us to use local labor on SPLOST funded projects not what the method of procuring those projects is. And as such the Chair’s going to rule that non germane and we’re going to move on to the next item after we vote on it. All right, we’ve got a motion and a second. We’ve got a motion from the Commissioner from ndth the 2 Madam Clerk and a second from the Commissioner from the 6. Voting. Mr. M. Williams: Point of Personal Privilege, Mr. Mayor, if I can? Motion Passes 10-0. Mr. Mayor: State your inquiry. Mr. M. Williams: Madam Clerk, would you put that inquiry on the next committee cycle so we can get Ms. Sams to answer that question --- The Clerk: Yes, sir. Mr. M. Williams: --- at that point. The Clerk: Yes, sir. Mr. M. Williams: And I agree, Mr. Mayor, I mean I don’t want to, I thought it was germane but since you’re the Chair I’m going to let you carry that on. Mr. Mayor: Thank you, Commissioner Williams. Madam Clerk. The Clerk: With the consent of Commissioner Bill Fennoy items 40 and 41 will be considered as companion items. Is that okay, Mr. Mayor? Mr. Mayor: Absolutely. The Clerk: ENGINEERING SERVICES 40. Approve entering into a Mowing and Maintenance Agreement as well as an Indemnity Agreement with the Georgia Department of Transportation along Sand Bar Ferry Road (SR 28) between I-520 and East Boundary in conjunction with beautification project. (Requested by Commissioner Bill Fennoy) 41. Approve entering into an agreement with The Augusta Beautification Program to provide landscape maintenance along Sand Bar Ferry (SR-28) between I-520 and East Boundary. (Requested by Commissioner Bill Fennoy) 34 st Mr. Mayor: Okay, all right, the Chair recognizes the Commissioner from the 1 to speak to this matter --- Mr. Fennoy: I think --- Mr. Mayor: --- and the Traffic Engineering Director Cassell. Mr. Cassell: Thank you, Mr. Mayor, I didn’t realize that nobody, nobody had gotten the, my computer’s not working. Anyway there’s a project to landscape streetscape some of the work we have on --- Mr. Mayor: Do you have a handout for us? Mr. Cassell: --- I think she’s already --- Mr. Mayor: The one we’ve already got. Okay, all right, we have at our seats the revision to the Commission agenda. Thank you, Madam Clerk. Mr. Cassell: The proposed private group as usual like if you look at Alexander Drive, Doug Barnard Parkway, several other areas have been streetscaped and the next project was going to be on Sand Bar Ferry Road and that’s what we have before us. Sand Bar Ferry Road is State Route 28 so it’s going to require a GDOT permit. GDOT will not allow you to landscape anything in their right of way unless you have a Mowing and Maintenance Agreement. So anyway I just decided to kind of put together what they’ve got since I think this kind of caught a lot of people by surprise. But the area we’re talking about between Bobby Jones and East Boundary. It includes pretty much there’s a pocket median on the Bobby Jones west bound ramp and there’s another median as you get closer to East Boundary as well as the two triangular lots as you get closer. If you look at the project locations, they are outlined right there as you can see outlined in red. The overall plan as you can see is to do some stuff to the east area by Bobby Jones and then also the western area as you get closer to East Boundary there’s some areas over there. They had originally planned to do this in three phases but I think that they feel they have the funding. Internally this is not going to cost, they’re not asking any money from the city for this, this is all privately funded. They’re going to do all three phases at once is my understanding. If you look at the eastern median they’re going to do some stuff in the median add some azaleas, crepe myrtles et cetera and there’s sort of a rendering of what that would look like in the middle of that. And there’s a perspective view sort of what you would like as you come from Bobby Jones towards town. As you get into the western median you know how the two triangular lots I think there’s a Dollar General Store, a dollar store as you get closer into town. When they realigned Sand Bar Ferry Road they cut through a lot it ended up being an uneconomic remnant but basically it’s still a right of way, it’s still maintained so they want to look at doing some improvements of that. This is the area that we’re talking about as you come in there you see the double sided guardrail. They want to turn that into some sort of usable green space, create more of a gateway effect. The purpose for the Mowing and Maintenance Agreement and the Indemnity Agreement is basically to hold the state harmless if something happened. We’re taking over the maintenance duties for that. The Beautification Agreement 35 we’ve done similar to that if you come over the agreement with between us and them that they would provide the maintenance that has been put on us. There’s no money, we didn’t ask for it. It is all privately funded even the maintenance and they’ve agreed to do that moving forward. So anyway that’s it in a nutshell but if you have any questions I’d be more than happy to answer them. Mr. Hasan: Motion to approve. Mr. Fennoy: Second. Mr. Mayor: All right, we’ve got a motion to approve and a second. Let me draw your attention to what would be item 41 I want to draw everybody’s attention to the Augusta Beautification Program document. Paragraph A-1 I believe that there’s an error there that needs to be corrected. It reads last sentence when you beginning 1 April 2016 same date and ending March 31st 2016 on the copy that I have in front of me. Mr. Hasan: We can do that up here. Mr. Mayor: I can do that up here? Well, I watched the Michael J. Fox movie as well but I don’t know if we can do that. Mr. Cassell: Yeah, that shouldn’t be too hard I see what you’re saying, sorry about that. I’ll get that corrected before I bring it to you all for (unintelligible). Mr. Mayor: Okay and so to the degree that we are approving this today what should that date be, sir? st Mr. Cassell: March 31 2017. Mr. Mayor: Okay. All right, Mr. MacKenzie, is it proper for us to change that here? Mr. MacKenzie: Permissible. Mr. Mayor: Okay, so it should read beginning April 1, 2016 et cetera and ending March st 31 2017. Okay all right we’ve got a motion and a second motion from the Commissioner from stth the 1 and a second from the Commissioner from the 6 I believe, no or was it the other way. The Clerk: The other way around. Mr. Mayor: The other way around, okay. All right, voting. Motion Passes 10-0. The Clerk: SUBCOMMITTEE 36 Rules & Procedures Review Subcommittee Meeting 42. Motion to approve on a trial basis to start Special Called Meetings (Executive Session Meetings) held on the second and last Tuesdays of each month at 11:00 A.M. (Approved by the Rules & Procedures Review Subcommittee January 12, 2016) Mr. Hasan: Motion to approve. Mr. Fennoy: Second. st Mr. Mayor: The Chair recognizes the Commissioner from the 1. th Mr. Hasan: The 9. Mr. Mayor: I’m sorry. thst Mr. M. Williams: I’m staying for the 9 now I’m staying for the 1. But I got the first two, I got four out of that. Mr. Mayor: Four, that’s right. stth Mr. M. Williams: I got four 1 and 9 okay. Mr. Mayor, I’ve got no problem with another hour coming in but I really think we need to do Legal on a day when we don’t have anything else to do but Legal. If we’re going to have people waiting out here and when you get your Legal agenda from the Attorney you may have some other issues that you need to discuss. We have never had ample time in Legal to discuss to stuff we needed to discuss because some of it’s long and some of it’s necessary. We make some serious decisions on real estate we taking them on personnel, we take them on a lot of different entities in Legal. I would suggest we move Legal to a day rather than a Tuesday because each Tuesday we’ve got something going on either the Commission or we got committees on those Tuesdays. I would make a substitute motion that we move it to a Monday or Wednesday or any other day would be sufficient with me but rather than just to add it and then coming down here and still got to come in here and work on that I think it’d be wrong. I hear my colleagues saying oh we’ve been here. We work one Tuesday out of every week I mean not counting the house calls and the telephone calls I’m talking about coming down to these chambers. I had to come down here for Planning and Zoning plus I come in here for Commission and committees. We ought to just set a day to handle that legal stuff and then once we get caught up maybe we can go back to what we was but there’s a lot of stuff that we need to talk about. We won’t be able to do it in one day I’m sure but I think we ought to do a whole day of it. Mr. Mayor: Okay all right wonderful. The Chair recognizes the Mayor Pro Tem Smith. Mr. G. Smith: This is my opinion. I would rather kill off one day a Tuesday if it’s each week. You know you’re going to have Tuesday tied up but when you get into this thing or that it just kills off more time than you know I’ve got a private business and so you know I have to look after. I know some of us needs to too and I would rather designate a day and I’ll even provide my own lunch. I don’t want to have the county pay for me a thin chicken sandwich, that’s you 37 know kinda bad but I just think I’d rather kill off one day and in that way boom whatever we got to do we do you know. But that’s my opinion and you know what they’re like. Mr. Mayor: Chicken sandwich? The Clerk: A thin one. Mr. G. Smith: I think it was chicken, I was chewing on something I can’t tell what it is, just kidding. Mr. Mayor: All right, have mercy. If you’re going to give us a steak sandwich we can vote. All right we’ve got a motion and a second. Voting. Mr. Sias: What are we voting on? There was no substitute, right? Okay. Mr. Mayor: There was no substitute, it didn’t get a proper second. No, it did not get a proper second. Mr. Lockett and Mr. M. Williams vote No. Motion Passes 8-2. Mr. Mayor: My only caution with this is that when there is a light agenda for legal issues th we’re going to be early and I’m going to be expecting the Commissioner from the 6 to not only bring lunch but dessert as well. Mr. Hasan: I’ll serve it, Mr. Mayor, I ain’t going to bring it but I will serve it. Mr. Fennoy: And I’ll provide the drinks. Mr. Mayor: Fantastic. Madam Clerk. The Clerk: APPOINTMENTS 43. 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. Mr. M. Williams: So moved. Mr. Hasan: Second. Mr. Mayor: All right, we’ve got a motion and a second. Voting. Let me share with everyone that our business is not done there’s a need for us to go into Executive Session after this. 38 The Clerk: Can I publish the results of this? Mr. Mayor: Oh I’m just commenting, Madam Clerk, I’m going to turn it back over to you, I’m just commenting. I don’t want anybody to skirt away and getting squirrelly on us. Mr. Hasan and Mr. M. Williams vote Yes. Motion Fails 2-8. Mr. M. Williams: Madam Clerk? The Clerk: Yes, sir. Mr. M. Williams: I need to put that back on the agenda. The Clerk: Yes, sir. Mr. M. Williams: Thank you, ma’am. The Clerk: Yes, sir. Item number 44, sir? The Clerk: APPOINTMENTS 44. Consider the following recommendation for a four-year term from the Richmond County Hospital Authority: (Deferred from the January 5, 2016 Commission Meeting) For the position currently occupied by James Sherman, M.D. who is not eligible for reappointment: 1. Hugh L. Hamilton 2. Catherine D. Knox 3. Terry D. Elam Mr. Mayor: All right the Chair will entertain nominations. The Chair recognizes the th Commissioner from the 6 for a nomination. Mr. Hasan: Mr. Mayor, I nominate Hugh L. Hamilton. Mr. Mayor: All right. Ms. Davis: Second. Mr. Mayor: All right I’ve got a motion and a second for Hugh Hamilton. Are there any additional nominations? Mr. Fennoy: I’d like to nominate --- 39 st Mr. Mayor: The Chair recognizes the Commissioner from the 1. Mr. Fennoy: --- Catherine Knox. Mr. Mayor: All right, so I’ve got two nominations. We’ve got a nomination for Hugh Hamilton and a nomination for Catherine Knox. All right, we’ll take them in that order. Madam Clerk. The Clerk: Mr. Hugh Hamilton. Mr. Mayor: Voting. Mr. Fennoy and Mr. M. Williams vote No. Motion Passes 8-2. Mr. Mayor: All right if we can hold everybody together for just a few minutes here. I want to give the Clerk an opportunity to capture everything we’ve done thus far. Madam Clerk, anything else with regards to this agenda? The Clerk: No, sir. Mr. Mayor: All right the Chair recognizes Attorney MacKenzie. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 45. Motion to approve going into a legal meeting. Mr. MacKenzie: I would entertain a motion to go into a Legal Executive Session to discuss pending and potential litigation and real estate and personnel. Mr. G. Smith: So moved. Mr. Lockett: Second. Mr. M. Williams: Mr. Mayor? Mr. Mayor: All right. Mr. M. Williams: Before we go into Legal can I just state that the Attorney stated three different things. Now I don’t want to go into Legal and then only address some things that some folks want to address. If we’re going to go into Legal for the purposes that the Attorney read 40 because I’ve got some personnel issues that have been on the table for a long, long time. So I know you say we need to go and I’ve got no problem with going but are we going are we going to have Legal are we going to go in there and try to handle one or two items and then just come out. Mr. Mayor: Well, let me just say this that there’s a lot of business that needs to be addressed and I hope that we can keep everybody together for the duration. All right, voting. Motion Passes 10-0. Mr. Guilfoyle: I wanted to ask the Attorney a question. Andrew, how many agenda items have we got, ten? Ten items. Mr. Mayor: The Chair recognizes Attorney MacKenzie. [LEGAL MEETING] 53. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. MacKenzie: I would entertain a motion to execute the Closed Meeting Affidavit. Mr. D. Williams: So moved. Mr. Lockett: Second. The Clerk: Are we voting, Mr. Mayor? Mr. Mayor: We are. Voting. You’re trying to distract me, Ms. Bonner. Mr. Sias: Are we moving to come back in? Mr. Mayor: So moved. Mr. Fennoy out. Motion Passes 9-1. Mr. Mayor: All right. ADDENDUM 46. Motion to approve the termination of Joey’s Bait and Tackle lease located at the Lock and Dam. Mr. MacKenzie: The next item would be a motion to approve termination of Joey’s Bait and Tackle lease located at the Lock and Dam. 41 Mr. Lockett: So moved. Mr. Sias: Second. Mr. Mayor: Voting. Mr. Fennoy out. Motion Passes 9-0. 47. Motion to approve a Resolution authorizing the purchase of one acre of property located at 3870 Deans Bridge Road in the amount of $12,000. Mr. MacKenzie: The next item would be a Resolution authorizing the purchase of one acre of property located at 3870 Deans Bridge Road in the amount of $12,000. Mr. Lockett: So moved. Mr. G. Smith: Second. Mr. Fennoy out. Motion Passes 9-0. 48. Motion to approve a Resolution approving the settlement of all claims of Augusta, Georgia against Augusta Staffing in the aggregate amount of $50,000. Mr. MacKenzie: The next item is a Resolution to approve a settlement of all claims of Augusta, Georgia against Augusta Staffing in the aggregate amount of $50,000. Mr. Lockett: So moved. Mr. D. Williams: Second. Mr. Mayor: Voting. Mr. Fennoy out. Motion Passes 9-0. 49. Motion to authorize an advance of $100,000 to Hyde Park Wilkerson Drainage Improvement Project account 101-00-000/3952110 with such funds to be repaid with SPLOST VII funds. Mr. MacKenzie: The next item is a motion to authorize and advance of $100,000 dollars from General Fund to Hyde Park Wilkerson Drainage Improvement Project account 101-00- 000/3952110 with such funds to be repaid with SPLOST VII funds. Mr. Lockett: So moved. 42 Mr. Sias: I’ll second that. Ms. Davis and Mr. Frantom vote No. Mr. Fennoy out. Motion Passes 7-2. 50. Motion to approve appointment of Sterling Jones as Interim 911 Director effective January 20, 2016. Mr. MacKenzie: The next item is a motion to appoint Sterling Jones as Interim 911 Director effective January 20, 2016. Mr. Lockett: So moved. Mr. Sias: Second. Mr. Mayor: Voting. Mr. Guilfoyle and Mr. M. Williams vote No. Mr. Fennoy out. Motion Passes 7-2. 51. Motion to approve the hiring of Michael Loeser as Human Resources Director at an annual salary of $100,000 effective February 27, 2016. Mr. MacKenzie: The next item is a motion to hire Michael Loeser as Human Resources th Director at an annual salary of $100,000 starting February 27 2016. Mr. Guilfoyle: (inaudible) Mr. Lockett: So moved, second. Mr. Mayor: Voting. Commissioner Lockett was the second, Madam Clerk. Mr. Fennoy out. Motion Passes 9-0. 52. Motion to authorize an interdepartmental transfer of $25,000 to move such funds in to the salary line item of the Mayor’s budget effective January 20, 2016. Mr. MacKenzie: And finally but not least a motion to authorize interdepartmental transfer of $25,000 to move such funds into the salary line item of the Mayor’s budget effective January 20, 2016. Mr. Lockett: So moved. 43 Mr. Sias: Second. Mr. Mayor: Voting. Mr. Guilfoyle: Point of Privilege, Mr. Mayor? Mr. Mayor: (inaudible). Mr. Guilfoyle: Would you kind of explain since we have a reporter here what that money is being used for so it won’t be taken out of turn? Mr. Fennoy out. Motion Passes 9-0. Mr. Mayor: This action is to allow for the hiring of a part-time person using existing budget dollars. This is no new dollars and it will allow us to take an individual who is currently working through a temporary staffing agency to bring that in house thereby saving dollars from a budget standpoint. Mr. M. Williams: It’s a temporary position though. Just want to make it plain so I won’t (inaudible). Mr. Mayor: Thank you. Thank ya’ll. Ms. Davis: Do we need to close out or are we done? Mr. Mayor: All right, this meeting is 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 January 19, 2016. ______________________________ Clerk of Commission 44