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HomeMy WebLinkAboutCalled Commission Meeting December 13, 2016 CALLED MEETING COMMISSION CHAMBER December 13, 2016 Augusta Richmond County Commission convened at 11:00 A.M., Tuesday, December 13, 2016, the Honorable 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: All right, good morning, everybody. All right, we’ll go ahead and get started. The Chair recognizes Attorney MacKenzie. 1. Motion to approve an ordinance to amend Augusta, GA Code section 1-2-3 Section 1- 2-13 (Rules of Procedure) and Section 1-2-30 relating to adding items to the commission and committee agendas: To consolidate related provisions of these sections; to repeal all code sections and ordinances and parts of code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. Waive second reading. (Requested by Commissioner Sammie Sias) Mr. Mayor: All right, thank you, Madam Clerk. The Chair recognizes Commissioner Sias. Mr. Sias: Thank you, Mr. Mayor. This is nothing more than what we had did in the rules committee. It was a part of the rules and procedures that all came out of the Code book and when we approved it, through some kind of glitch I wasn’t approved to go back into the Code book. So this is nothing more than just to correct it where it came out of the Code book every section of that is in the Code and it’s not been changed through that. So we just need to put it back in the Code book. That is simply what this is and for the clarification, Mr. Mayor, I ask that the attorney also kind of explain that as well. Mr. Mayor: All right, before the attorney does that, the Chair recognizes the commissioner th from the 4 and I’m going to direct this question to you. What you’re indicating is that I think we all know historically this has been a part of the Code and you’re suggesting that we one, adopt this and leave it in the Code. Is that correct? Mr. Sias: That’s correct. Mr. Mayor: When we first established the sub-committee during the retreat last year, one of the things that came out of that discussion in terms of establishing a sub-committee on rules was this broad discussion about taking the rules which generally can and should be evergreen, taking them out of the Code actually. There was a broad conversation about there was no reason for us to codify this because it is simply nothing more than procedural way for us to act and conduct business and what you’re suggesting is putting it back in the Code. Mr. Sias: Yes, but let me clarify that a little further, Mr. Mayor. In the commission, in that sub-committee meetings when we were in discussion, that particular discussion as you 1 mentioned was discussed but it was not adopted. That committee adopted the fact that it would go back into the Code book. Yes, there was a good discussion on it but the discussion was codify those changes because they are all Code excerpts that were in there in the first place. Mr. Mayor: All right. I’m going to defer and I’m going to come back to you again with a question. Is it not true that the Code was cleaned up and these things were stripped out of the Code so that they could be placed in this singular document and as such be put in nothing more than a rules book. Is that not true? Mr. Sias: That is not true. They were not stripped out. They were used to make the rules and things (inaudible). They were not stripped out. They were simply excerpted from the Code that were changed. Mr. Mayor: Okay. Mr. Sias: And let me just further clarify the committee had no authority to strip the Code. That would have required an ordinance change to strip the Code. The Code is actually an ordinance adopted in 2007. Mr. Mayor: Right. We all agree on that. There is no debate about that. But I think the posture of the sub-committee even in its initial conversations was to make this document “what it should be” and that is commission rules of procedure as opposed to local law. I’m going to defer now. I’ll give you a chance to speak to that. Mr. Sias: Real quick. To ensure that, that was the discussion, Mr. Mayor, that you raised and that was a discussion that the committee did not accept. As to the committee’s discussion was that it should be in the Code as the excerpts came from the Code. Mr. Mayor: All right. The Chair recognizes Commissioner M. Williams. Mr. M. Williams: Thank you, Mr. Mayor. We know that we looked at the Code and we’ve changed some things. We added some language to this what we’re trying to adopt today and I’ve got no problem with that. But I do have a problem with waiving the second reading. We send it from the sub-committee to the committee. Committee looked at it and we talked about all the things that (inaudible) and everybody was satisfied with what we had brought forth. So I’ve got no problem approving those things but not waiving the second reading. You don’t have unanimous consent for that. Mr. Mayor: Okay, I’m going to ask you then, so we can do it one of two ways. The Chair th directs this to the commissioner from the 4. Do you yield on waiving the second reading? thth Commissioner from the 4. Commissioner from the 4, do you yield on waiving the second reading? Again, we’ll let it have a second reading. Mr. Sias: If we already know we’re not going to get unanimous consent on that, I don’t have a problem with that. 2 Mr. Mayor: Very good, okay. Mr. Sias: Since it was requested, if I may, I move to approve with deleting waiving the second reading. Mr. Mayor: All right, Madam Clerk. The Clerk: Yes, sir. Mr. Mayor: Attorney MacKenzie. Mr. MacKenzie: Sure. A lot of what was said I think is a little confusing because we had some Code sections that were amended and consolidated with the rules. I do think the discussion related to making the rules book a separate document is something that would need to be addressed in the future because we would have to amend the Code to be able to merge those anyway. The document in front of you does not deal with the issue of separating this from the Code. It still makes it part of the Code but it does make it easier if you wanted to do that down the road. At least they’re all going to be in one place in the Code so it’s exactly the same as what was approved by the Commission as far as the substance of the rules. It just adds the Code amendment language to it. Mr. Mayor: That is correct. All right. Okay. Our posture is the following. It is to approve the ordinance amendment, rules of procedure, and not waiving the second reading. Mr. Lockett: Second. Mr. Mayor: Okay, all right. All those in favor will vote yea and those opposed, vote no. Ms. Davis, Mr. Frantom and Mr. Smith out. Mr. Guilfoyle votes No. Motion carries 6-1. Mr. Mayor: I want to take a moment for all of us, I think everyone is aware at this time that I believe our Mayor Pro Tem’s father passed away on this weekend and that is why Grady is out. I don’t have any information about the arrangements at this time. Tomorrow? Okay. Can we get that information gathered, Ms. Bonner, and send that out to everybody? So let’s take a moment, pause in silence, for Mayor Pro Tem Smith and his family for their loss. (Moment of silence) Mr. Mayor: May God bless the Smith family. All right, Attorney MacKenzie. 2. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel 3 Mr. MacKenzie: I would entertain a motion to go into an executive session to discuss pending and potential litigation and personnel. Mr. Lockett: So move. Mr. D. Williams: Second. Mr. Mayor: We’ve got a motion and a second. Second from the commissioner from the th 5. All right, voting. Ms. Davis, Mr. Frantom and Mr. Smith out. Motion carries 7-0. \[LEGAL MEETING\] Mr. Mayor: Okay, we’ll call this meeting back to order. The Chair recognizes Attorney MacKenzie. 3. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. MacKenzie: I would entertain a motion to execute the closed meeting affidavit. Mr. Smith: So move. Mr. Sias: Second. Mr. Mayor: A motion and a second. Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes Attorney MacKenzie for a motion. Mr. MacKenzie: I would entertain a motion to authorize the purchase of 1803 Marvin Griffin Road in the amount of $299,000 from SPLOST VII records retention funds and to authorize the Mayor to execute appropriate closing documents for this property under the guidance of the law firm. Mr. Lockett: So move. Mr. Hasan: Second. Mr. Mayor: I’ve got a motion and a proper second. All those in favor will vote yea and those opposed will vote no. Voting. Motion carries 10-0. 4 Mr. Mayor: The Chair recognizes Attorney MacKenzie for a motion. Mr. MacKenzie: I would entertain a motion to authorize the purchase of 1482, 1492 and 1494 Railroad Avenue in the amount of $550,000 from the Laney Walker/Bethlehem Redevelopment Bond Fund and to authorize the Mayor to execute appropriate closing documents for this property. Mr. Lockett: So move. Mr. Smith: Second. Mr. Mayor: Voting. Mr. M. Williams votes No. Motion carries 9-1. Mr. Mayor: The Chair recognizes Attorney MacKenzie. Mr. MacKenzie: I would entertain a motion to approve a Resolution authorizing the settlement of all claims in the condemnation for the address of 2744 Washington Road, Civil Action 2015RCCV255 in the aggregate amount $227,300 which will result in the additional deposit of $20,000 more into the registry of the court. Mr. Lockett: So move. Mr. Sias: Second. Mr. Mayor: Motion and a second. Voting. Motion carries 10-0. Mr. Mayor: I would recognize Attorney MacKenzie for a motion. Mr. MacKenzie: I would entertain a motion to approve a Resolution authorizing the settlement of the condemnation for 3378 Milledgeville Road for a right of way as well as permanent and temporary easements for the Civil Action File No. 2015RCCV565 in the aggregate amount of $6,600 which will result in the deposit of $2,000 additional more dollars into the registry of the court. Mr. Lockett: So move. Mr. Hasan: Second. Mr. Mayor: A motion and proper second. All those in favor vote yea and those opposed, vote no. Voting. 5 Motion carries 10-0. Mr. Mayor: Attorney MacKenzie, any further business before us? Mr. MacKenzie: That’s all I have, thank you. Mr. Mayor: All right, thank you. \[MEETING ADJOURNED\] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on December 13, 2016. ________________________ Clerk of Commission 6