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HomeMy WebLinkAboutRegular Commission Meeting March 21, 2017 REGULAR MEETING COMMISSION CHAMBER MARCH 21, 2017 Augusta Richmond County Commission convened at 2:00 p.m., March 21, 2017, the Hon. Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Jefferson, Guilfoyle, Sias, Frantom, M. Williams, Davis, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. Mr. Mayor: Well, good afternoon, everybody. We are here to do the people’s business. Madam Clerk --- The Clerk: Yes, sir. Mr. Mayor: --- they tell me it’s the beginning of Spring and Daylight Savings Time is upon us and we’re here to do good today. The Clerk: That’s right. Mr. Mayor: I think we’ve got our Sheriff in the audience. I want to acknowledge him here today. It’s good to have Sheriff Roundtree, good to have him here with us and --- The Clerk: That’s a good omen. Mr. Mayor: --- well, we know we’re going to be safe. The Clerk: That’s right. Mr. Mayor: And we’ve got Col. Partain with him as well, okay very good. I think if I were to, you know they say everybody has a twin I’m Morris McDowell’s twin as the gentleman who says you’re in good hands with Allstate. All right, Madam Clerk. The Clerk: Yes, sir, at this time we’re going to ask Reverend Rick Sosbe He’s going provide our invocation and divine intervention on our behalf. He’s the Pastor of the Church of Our Redeemer Metropolitan Community Church. Please stand after which we’ll have our Pledge of Allegiance led by our General Counsel. The invocation was given by the Reverend Rick Sosbe, Senior Pastor, Church of Our Redeemer Metropolitan Community Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Reverend Sosbe, we want to acknowledge you today. Thank you for being our Chaplain of the Day for your spiritual guidance and your civic leadership in this community not just your parishioners so thank and may God bless you. Would you join me in thanking him today. (APPLAUSE) 1 The Clerk: Still enjoy that red door. He has the church across the street with the red door so he’s right at home here. The Clerk: DELEGATIONS A. Ms. Lynda Barrs, CSRA Equal Opportunity Agency (EOA) regarding Augusta’s new Marion Barnes Resource Center for the Homeless. Ms. Barrs: Good afternoon. Thank you for taking time to hear about our project. This is really for informational purposes only --- Mr. Mayor: Ms. Barrs --- Ms. Barrs: --- we’re up and running --- Mr. Mayor: --- would you pause for just a moment? Ms. Barrs: --- certainly. Mr. Mayor: I one want to thank you for coming I think all of us know Mr. Marion Barnes our School Board President I think it’s probably appropriate Ms. Bonner for her to at least give here address yes? The Clerk: Yes. Mr. Mayor: Okay, it’s our protocol to if you’ll just, again we know your name if you’ll give us your address and your representative of the CSRA EOA. Ms. Barrs: I am and this program is at 730 East Boundary. Mr. Mayor: You have five minutes. Ms. Barrs: The name of the program is Essential Intake and Assessment Project and it was started because of the need for approved access for those persons who were experiencing housing instability in Augusta Richmond County. And it was also in support of those providers of those homeless services through the CSRA EOA. Part of the purpose of this program is not just to serve homeless people but to try to prevent those people from becoming homeless in the first place. If you can prevent them from going into the shelter system, you’ve stabilized that family and helped that family so that’s one of the purposes also. Something that is interesting for you to note is that this agency meets the regulatory requirements set down in the Hearth Act. And the Hearth Act actually stands for Homeless Emergency Assistance and Rapid Transition to Housing. And I have to say very proudly and you can be proud also because Augusta by opening this project is way ahead of the game and we are getting calls from other communities within the state and outside the state to learn how we have implemented this program and I think that’s something that our city 2 should be proud of. The Resource Center serves as a common point of access and assessment and service and referral. It’s for persons who are experiencing housing instability and those are classified by at risk of becoming homeless or are already homeless living in cars or in shelters. We have some awesome key partners and one of those key partners is Housing and Community Development and they have been phenomenal in helping us get this project off the ground. HUD is funding the project so it’s nice not to ask anybody for any money in town. We also the COC is one of the partners but we also have community partners like the police department is helping us. The Board of Education is helping to serve the homeless children when they come through our center and Family and Children Services as well as a number of agencies serving homeless people. Our program operations are Monday through Friday at 730 East Boundary at the Marion Barnes Center as the Mayor already spoke and it’s staffed by a Director which is Mrs. Beard, two case managers, two intake workers and a lot of other staff and volunteers. I would like to invite you to th our open house. It’s going to be Tuesday March 28 from 3:00 to 5:00 at the Marion Barnes Center. We hope that you’ll take a moment out of your very busy schedule to come and see this phenomenal thing that we’re doing in our town for those who are just the most vulnerable of our citizens. Thank you very much. If you have any, if you need any more information, if there are questions about the center itself you can contact myself and for information about the Augusta Richmond Continuum of Care Daniel Evens who is with Housing and Community Development. Thank you very much. Ms. Davis: Thank you, Ms. Barrs, we appreciate all that you do for the community –-- Ms. Barrs: Thank you. Ms. Davis: --- especially for the homeless people that you serve. Ms. Barrs: Thank you. Ms. Davis: Thank you. The Clerk: I call your attention to our consent agenda which consists of items 1-41, items 1-42. For the benefit of any objectors to our Planning petitions once those petitions are read would you please signify your objection at the time of the reading. I call your attention to: Item 2: Is a request for a change of zoning from a Zone A (Agriculture) to a Zone R-MH) (Manufactured Home Residential) to a Zone R-1 (One-family Residential) affecting property at 2795 Gordon Highway. Item 3: Is a request for a Special Exception for property located at 2975 Gordon Highway. Item 4: Is for a request with conditions requesting a Special Exception to establish a Special Events Venue on property located at 5122 Neely Road. The Clerk: Are there any objectors to any of those Planning petitions? I call your attention to the Public Services portion of the agenda if there are any objectors to any of the alcohol petitions would you please signify your objections at the time of the reading. I call your attention to: 3 Item 6: Is a request for a retail package Beer & Wine License to be used in connection with the located 1675 Olive Road. Item 7: Is to deny a request for a Sunday Sales for the location 1505 North Leg Rd Suite A. Item 8: Is for an alcohol Special Events License at property Tin Lizzy 2821 Washington Road. Item 9: Is for an alcohol Special Events License 277 Robert C. Daniel Pkwy. Item 10: Is for an alcohol Special Events License for 3035 Washington Road. Item 11: Is for an alcohol Special Events License for a location 2834 Washington Road. Item 12: Is for an alcohol Special Events License location 2819 Washington Road. The Clerk: Are there any objectors to any of those alcohol petitions? Mr. Mayor, members of the Commission, our consent agenda consists of items 1-41 with no objectors to our Planning petitions or alcohol petitions. Mr. Mayor: The Chair will entertain any motion to add or remove from the consent agenda. th The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. I’ve got two questions on two items. I really don’t, I mean I need to pull them but whatever you think is necessary. Mr. Mayor: Yeah, let’s just go ahead and pull them. Mr. M. Williams: Item 4 and Item 41. th Mr. Mayor: Okay. The Chair recognizes the Commissioner from the 8. Mr. Guilfoyle: Mr. Mayor, can we add to the consent agenda Item number 44 and I would like to thank Mayor Pro Tem as well as yourself and Sean Frantom. Mr. Mayor: Okay. The Chair recognizes Mayor Pro Tem Davis. Ms. Davis: Move to approve. Mr. Frantom: Second. CONSENT AGENDA PLANNING 1. FINAL PLAT – SPIRIT POINTE, SECTION 3 – S-832 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by H&C Surveying Inc. on behalf of Hossein Golabchi, requesting final plat approval for Spirit Pointe, Section 3. This residential subdivision is located on Vantage Way, adjacent to Spirit Point, Section 2 and contains 49 lots. Reviewing agency approval 3-6-2017 DISTRICT 8 2. Z-17-12 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by COEL Development Co. Inc. requesting a change of zoning from Zone A (Agriculture) and Zone R-MH (Manufactured Home 4 Residential) to Zone R-1 (One-family Residential) affecting property containing 95.28 acres and known as part of 2795 Gordon Highway. Part of Tax Map 064-0-008-00-0 DISTRICT 3. 1. The final development plan submitted for review must meet the following conditions: •The lot layout and configuration must produce lots that are similar in size and character to the lots being proposed on the Concept Plan and to the lots for the developing Haynes Stations Subdivision. Note that the Concept Plan submitted with the rezoning application is for illustrative purposes only and the lot layout may differ slightly from the Concept Plan due to potential future phasing of the lots. •Open Space must be a minimum of 30.5 acres and may include the Georgia Power Easement, wetlands and floodplain. •Right-of-way widths must be a minimum of 60 feet and roadway widths must be a minimum of 31 feet back-of- curb to back-of-curb. All new streets within the proposed development must be built to standards of the Augusta Engineering Department for subgrade, base and paving, riding surface width, use of curb and gutter and right-of-way width, at the time of construction. •Access must be provided, via a 60’ right-of-way, to the adjoining vacant property to the south and west, TPN 064-0-004-01-0. 2. Lighting must be installed as each phase of the development is constructed. 3. Z-17-13 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below petition by COEL Development Co. Inc. requesting a Special Exception to allow detached dwelling developed in accordance with Section 13 provided that the density does not exceed three (3) units per acre per Section 8-2 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 95.28 acres and known as part of 2795 Gordon Highway. Part of Tax Map 064-0- 008-00-0 DISTRICT 3 1. The final development plan submitted for review must meet the following conditions: •The lot layout and configuration must produce lots that are similar in size and character to the lots being proposed on the Concept Plan and to the lots for developing Haynes Stations Subdivision. Note that the Concept Plan submitted with the rezoning application is for illustrative purposes only and the lot layout may differ slightly from the Concept Plan due to potential future phasing of the lots. •Open Space must be a minimum of 30.5 acres and may include the Georgia Power Easement wetlands and floodplain •Right-of-way widths must be a minimum of 60 feet and roadway widths must be a minimum of 31 feet back-of-curb to back-of-curb. All new streets within the proposed development must be built to standards of the Augusta Engineering Department for subgrade, base and paving, riding surface width, sue of curb and gutter and right-of-way width, at the time of construction. •Access must be provided, via a 60’ right-of-way, to the adjoining vacant property to the south and west, TPN 064-0-004-01-0. 2. Lighting must be installed as each phase of the development is constructed. 5. ZA-R-246 – A request for concurrence with the Augusta Georgia Planning Commission to approve petition to amend Section 13 (R-1E – One-Family Residential) of the Comprehensive Zoning Ordinance for Augusta, Georgia by adding Special Exceptions in the R-1E Zone-Village Green. PUBLIC SERVICES 6. Motion to approve New Ownership Application: A.N. 17-10: request by Hyong Chin Kim for a retail package Beer & Wine License to be used in connection with Yeung Supermarket located at 1675 Olive Rd. District 2. Super District 9. (Approved by Public Services Committee March 14, 2017) 5 7. Motion to deny a request by Roderick Stokes for a Sunday Sales License to be used in connection with S Bar, Inc. located at 1505 North Leg Rd Suite A. District 5. Super District 9. (Approved by Public Services Committee March 14, 2017) 8. Motion to approve a request by Michael Evertsen for Tin Lizzy’s Cantina located at 2821 Washington Rd. for an Alcohol Special Event License for 7 days, April 3-9, 2017. (Masters Week in the Parking Lot). There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee March 14, 2017) 9. Motion to approve a request by Clay C. Mingus for Twin Peaks Augusta located at 277 Robert C. Daniel Pkwy. For an Alcohol Special Event License for 9 days, April 1-9, 2017. (Masters Week in the Parking Lot). There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee March 14, 2017 10. Motion to approve a request by Jan Scholer for Wild Wing Café located at 3035 Washington Rd. for an Alcohol Special Event License for 6 days, April 3-8, 2017. (Masters Week in the Parking Lot). District 7. Super District 10. (Approved by Public Services Committee March 14, 2017) 11. Motion to approve a request by Tracy Trotter for Hooters of Augusta located at 2834 Washington Rd. for an Alcohol Special Event License for 9 days, April 1-9, 2017. (Masters Week in the Parking Lot). There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee March 14, 2017) 12. Motion to approve a request by David Schultz for World of Beer located at 2819 Washington Rd. for an Alcohol Special Event License for 7 days, April 3-9, 2017. (Masters Week in the Parking Lot). There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee March 14, 2017) 13. Motion to approve proceeding forward with the work on the red-lined recommendations for addressing additional code enforcement, property maintenance and cleanups, illegal dumping, and anti-littering efforts from the Administrator listed on pages 33, 34, 35 and 37. (Approved by Public Services Committee March 14, 2017) PUBLIC SAFETY 14. Motion to approve contracts with Woolpert and Azteca for the implementation of Cityworks Software and associated hardware for the Augusta Central Services Department and the Recreation & Parks Department. (Approved by Public Safety Committee March 14, 2017) 15. Motion to approve Agreement with Harris Computer to Implement Electronic Plans Review Solution and approve for the funding to come from Fund 217 (Building Inspections Fund) Fund Balance. (Approved by Public Safety Committee March 14, 2017) 16. Motion to approve the replacement of obsolete computer equipment (laptops, computers, servers, printers, scanners, switches, routers, VOIP phones, other telecommunication devices and MDTs) as well as the purchase of any required computer software upgrades. (Approved by Public Safety Committee March 14, 2017) 17. Motion to approve the replacement of end of life radios and reprogramming of radios that are currently P25 compliant. (Approved by Public Safety Committee March 14, 2017) FINANCE 18. Motion to approve request from CSRA Agency on Aging to Repurpose 2017 Funds. (Approved by Finance Committee March 14, 2017) 6 ENGINEERING SERVICES 19. Motion to approve Amendment No. 6 to Agreement with ESG Operations, Inc. to establish the final budget amount for 2017. (Approved by Engineering Services Committee March 14, 2017) 20. Motion to approve and authorize the Augusta Engineering Department (AED) to accept and receive Georgia Department of Transpiration (GDOT) Financial Assistance through the GDOT FY16 & FY17 Local Maintenance and Improvement Grant. (LMIG) for Road & Drainage Improvements & maintenance projects as requested by AED. (Approved by Engineering Services Committee March 14, 2017) 21. Motion to approve award of Construction Contract to E.R. Snell Contractor, Inc. in the amount of $8,960,927.08 for the Transportation Investment Act (TIA) Project, March Church Road & Drainage Improvement project – Phase II. Award is contingent upon receipt of signed contracts and proper bonds, and development of LSBOP utilization action plan as requested by AED. (Bid 16-261)(Approved by Engineering Services Committee March 14, 2017) 22. Motion to authorize condemnation to acquire property in fee simple (Parcel 087-4-033- 00-0) – 204 Dan Bowles Road. (Approved by Engineering Services Committee March 14, 2017) 23. Motion to authorize condemnation to acquire property in fee simple interests (Parcel 087- 2-110-00-0) – 201 A Aragon Drive. (Approved by Engineering Services Committee March 14, 2017) 24. Motion to authorize Condemnation to acquire Title of a Portion of Property (Parcel 087- 2-221-00-0) – 2006 Willow Street. (Approved by Engineering Services Committee March 14, 2017) 25. Motion to authorize Condemnation to acquire Title of a Portion of Property (Parcel 087- 4-100-00-0) – 2034 Golden Rod Street. (Approved by Engineering Services Committee March 14, 2017) 26. Motion to authorize Condemnation to acquire Title of a Portion of Property (Parcel 087- 4-164-00-0) – 2024 Leona Street. (Approved by Engineering Services Committee March 14, 2017) 27. Motion to authorize Condemnation to acquire Title of a Portion of Property (Parcel 088- 1-019-00-0) – 1921 Florida Drive. (Approved by Engineering Services Committee March 14, 2017) 28. Motion to authorize Condemnation to acquire Title of a Portion of Property for Right- of-Way (Parcel 061-2-125-00-0) – 517 Fairhope Street. (Approved by Engineering Services Committee March 14, 2017) 29. Motion to approve awarding contract to Cranston Engineering Group, P.C. for RFP Item #16-260 NPDES Storm Water Monitoring and Inspections. (Approved by Engineering Services Committee March 14, 2017) 30. Motion to approve purchase of Q-Matic Customer Service Flow Management System for Augusta Utilities Customer Service to be located at 452 Walker Street. (Approved by Engineering Services Committee March 14, 2017) 31. Motion to approve award for Bid Item #16-243 Electric Motor Bake Oven. (Approved by Engineering Services Committee March 14, 2017) 7 32. Motion to approve Award for Bid Item #16-254 Motor Balance Machine. (Approved by Engineering Services Committee March 14, 2017) 33. Motion to accept/approve proposal from McKim & Creed to perform smoke and dye testing in the Rock Creek Sanitary Sewer Basin. (Approved by Engineering Services Committee March 14, 2017) 34. Motion to approve Professional Services Proposal from WR Toole Engineers, Inc. for the Rocky Creek Force Main Design Project in the amount of $106,145. (Approved by Engineering Services Committee March 14, 2017) 35. Motion to accept/approve Professional Services Proposal from Goodwyn, Mills and Cawood for the Rocky Creek Pump Station Design Project in the amount of $264,641. (Approved by Engineering Services Committee March 14, 2017) 36. Motion to approve Sole Source Procurement of Replacement Pump for Large Wastewater Pumping Stations. (Approved by Engineering Services Committee March 14, 2017) 37. Motion to approve Supplemental Agreement Two for the Phinizy Center for Watershed Assessment & Inventory Project in the amount of $142,000 for the completion of phase three of Task C-Inventory Receiving Streams as requested by AED. (Approved by Engineering Services Committee March 14,2 017) 38. Motion to approve recapture and reallocation of Utilities related SPLOST funding to provide trunk lines to small areas where they are needed or where no sewerage lines currently exist. (Approved by Engineering Services Committee March 14, 2017) PETITIONS AND COMMUNICATIONS 39. Motion to approve the minutes of the regular meeting of the Commission held March 7, 2017 and Special Called meeting held March 14, 2017. APPOINTMENTS 40. Motion to approve the reappointment of Mr. Jerry Brigham to the ARC Zoning Appeals Board representing District 7. 42. Motion to approve the reappointment of Ms. Barbara Gordon to the Augusta Housing & Development Department representing District 9. Mr. Mayor: Ready Ms. Bonner? The Clerk: Yes, sir. Mr. Mayor: Voting. Motion Passes 10-0. \[Items 1-3, 5-40, 42\] The Clerk: Item number four? Mr. Mayor: Hold on just a minute, Ms. Bonner. The Chair recognizes the Commissioner st from the 1 for a Point of Order. 8 Mr. Fennoy: Mr. Mayor, last Tuesday I, Commissioner Sias, Commissioner Jefferson, Commissioner Dennis Williams and our Administrator, Ms. Jackson, had an opportunity to attend an awards ceremony for the Fire Department. And I had a pretty good idea of what the firemen do but I had no idea about how many lives the firemen saved and how many different firemen actually put their lives on the line to not only save the citizens but to save other firemen. It was a real eye-opening experience for me, and this is the second year that they have had this event and I would encourage my colleagues to attend it next year if they have an opportunity to do so. th Mr. Mayor: Thank you. All right, the Chair recognizes the Commissioner from the 9. PLANNING 4. Z-17-14 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below petition by Franklin D. Neely requesting a Special Exception to establish a Special Event venue, per Section 26-1 (i) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 5.33 acres and known as part of 5122 Neely Road. Part of Tax Map 365-0-004-02-0 DISTRICT 8 1. The use of the property shall be limited to special events. The Augusta Fire Department will determine the maximum occupancy. 2. All outdoor activities shall cease at a time to be determined by the Augusta Commission 3. As required by the Richmond County Office of Environmental Health, portable toilets shall be required for all events. Mr. M. Williams: Thank you, Mr. Mayor. I want to address item I think number four. I want to make a motion to approve this item. This item came out of Planning and Zoning to be approved and there was a time limit put on that item. I suggested that when it got to the floor I would at least on this. The item is Item 4 a wedding reception and doing weddings and stuff out in the south side of our county and the time restriction would be 11:00 o’clock. And I told her we should not have a time restriction because if it’s 11:00 o’clock but the time restriction I mean at 10:00 o’clock you’ve got to start getting ready to get out of there. So really I would like to leave it up to the owner to address the time. So I’m making a motion that we approve this item without specifying a time limit on that facility for what they’re proposing. Mr. Jefferson: I second. Mr. Mayor: We’ve got a motion and a second. All right, the Chair recognizes the th Commissioner from the 4, state your inquiry. Mr. Sias: Thank you, Mr. Mayor. I would like to ask Ms. Wilson why were there a time limit. Ms. Wilson: Okay for all Special Events we have a time limit based on the policy that the city you all have approved. It’s a noise ordinance and it sets the time for 11:00, so that is why that time is placed on this particular venue because we’re just basically following the adopted policy that’s in place. It’s Section 3-6-1 and under Regulated in Chapter 6 and it the section that we’re referencing is located in that area. 9 Mr. Sias: If we approve this as the motion’s been made then we’ll we deviating from our policy, I just want to understand that. Ms. Wilson: Yes, and I just wanted to make sure because they’ve been here, the owner is here as well and may want to speak to this issue just to give them an opportunity since they’re in the audience. Mr. Sias: Thank you, ma’am. Mr. Mayor: Okay --- Mr. M. Williams: We have a motion and a second to approve this. Mr. Mayor: --- we do have a motion and a second, yes, sir, we absolutely do and I’m prepared to vote on it quite frankly, I am. Again all right the Chair recognizes the commissioner st from the 1. Mr. Fennoy: Ms. Wilson --- Mr. Mayor: All right, Ms. Wilson. Mr. Fennoy: --- what’s the difference between the Special Events that’s going to take place on Washington Road and the Special Event that the applicant in number four is proposing? Ms. Wilson: The applicant is asking for a Special Event venue and that means that they’re able to operate that venue for a variety uses like if you wanted to have a retirement party if you wanted to do primarily weddings and things of that nature you’d be able to lease this space. They’ve attached a flight-plan that shows that they meet the requirements for parking as well as other requirements as mandated by either the fire department or the code and they do meet those requirements. So, that’s the difference what they’re asking for on Washington Road is kind of a temporary situation. Mr. Fennoy: And how close will this be to residential? Ms. Wilson: It’s located in the rural part of the county. In this particular case there’s not a ton of residential activity out in that area but again, we basically, when we make our recommendations we make it based on approved policy when it comes to things of this nature which is why we attached the timeframe that’s there. We did not feel like we had the ability to deviate from that. th Mr. Mayor: Okay, the Chair recognizes the Commissioner from the 8 and then we’re going to vote on this. Mr. Guilfoyle: Thank you, Mr. Mayor. Ms. Wilson, as far as we’re approving this and the use of the property shall be limited to Special Events the fire department would determine the maximum occupancy. You’re talking about a right at a 560-acre field that’s out --- 10 Ms. Wilson: Basically in this particular case --- Mr. Guilfoyle: --- it’s 5.57 acres --- Ms. Wilson: What the applicant did was they went in --- Mr. Guilfoyle: --- 5.33. Ms. Wilson: --- and they cut out approximately five a little over five acres. In addition to that they built a barn type building where they could host events. Again the applicant is here he can talk a little bit more about what they’d like to do but they did that so that they wouldn’t have to deal with the 500-plus acres. Mr. Guilfoyle: They only thing that I would like to see is we have another Special Event place there off of right next to the city limits of Hephzibah. I want to make it fair for the Neely Farms. And to answer my question to Commission Fennoy, Commissioner Fennoy, the Neely’s has been farmers forever ever since I was a kid, I used to go out there when I was young and they actually owned basically both sides of the road. It won’t be interfering with any other neighbors. There’s no neighbors which is fortunate as far as their venues. I believe it’s going to be first class and if any of us have any kids it’s going to be getting married I would go ahead and make reservations for it. We’ve got a motion and a second on the table to approve. Mr. Mayor: Yeah, all right, Commissioner, all right, we have a motion and a proper second. Commissioner Frantom. Mr. Frantom: Thank you, Mr. Mayor. If we approve as is, is it true that the noise ordinance ends at 11:00 they wouldn’t have to be out at 11:00 just the noise would have to stop at 11:00 is that correct? Ms. Wilson: That’s correct. Mr. Frantom: Okay, I’d like to make a substitute motion that we approve as is on the screen. Mr. Sias: Second. Mr. Mayor: Okay, all right, here’s where we are, Madam Clerk. We’ve got a substitute motion that is to adopt the main motion okay that’s what we have in front of us. The Commissioner th from the 9 had a motion to adopt removing the time requirement okay that’s effectively what he did is that correct? The Clerk: Yes, sir, he was modifying the second recommendation from the Planning Commission to allow the petitioner to determine the time opposed to the Commission. 11 th Mr. Mayor: Okay and the Commissioner from the 7 has drawn the distinction that the ordinance doesn’t dictate when the person has to stop partying and celebrating. The noise ordinance in its antiquation simply addresses the issue to 11:00 o’clock. I think that’s what I just heard Mayor Pro Tem, is that correct? Okay all right we’re going to vote on the substitute motion would you restate that for the record, Madam Clerk. The Clerk: The substitute motion is to approve with concurrence that with conditions below a Special Exception to establish the Special Events venue, that’s the substitute motion. Mr. Mayor: Okay all right, voting. Ms. Davis, Mr. Jefferson, Mr. Guilfoyle and Mr. M. Williams vote No. Motion Passes 6-4. Mr. Mayor: I’d like to encourage the Commissioner from the, I’d like to encourage the th Commissioner from the 7 to get with the Planning Director and pull that Section of the Code and work on the redlines so that we work on addressing that issue moving forward. Mr. Hasan: Mr. Mayor, can we vote to reconsider that motion, Mr. Mayor? Mr. Mayor: I’ll recognize you in just a minute just raise your hand I’ll come back to you. It’s high time for us in the year 2017 to bring Augusta forward. I know Commissioner Marion Williams, Ms. Bonner, has championed that issue of you know if I’m going to have a party don’t send me home at 10:00 o’clock or 11:00 o’clock if we’re in the second largest city in the state of Augusta. I could not agree with him more. And so I think it’s time for us to address that. All right, th I’m going to recognize the Commissioner from the 6, state your inquiry. Mr. Hasan: Thank you, Mr. Mayor, I appreciate that. I did vote to support the substitute motion simply because my colleague made a great comment in terms of it’s the ordinance at hand. But I would like for us to reconsider the vote we had just taken simply because also I think this is one of those special exceptions in of itself just because of the location of it. It’s a noise ordinance and we’re talking about we’re looking at five point something acres of land there. And since they’re pretty much themselves and I think it fits in what we call a Special Exception just from the location. So I’d like to see us vote to reconsider and vote on this again, Mr. Mayor. Mr. Mayor: All right, well I’m going to, all right you need a proper second for that. Mr. M. Williams: I’ll second. Mr. Mayor: Okay, I’ve got a motion and second to reconsider for the Commission to reconsider its actions that’s what we’re doing right now you’re reconsidering an action you just took on the substitute. Voting. The Clerk: Mr. Fennoy? 12 Mr. Fennoy: Yeah, I’m just trying to out what’s going on. The only thing we’re going to do is vote to reconsider. The Clerk: Yes, sir. Motion Passes 8-2. Mr. Fennoy: All right and then we’re going reconsider the vote that was taken originally. Mr. Mayor: All right here’s our posture all right the motion to reconsider has passed. We’re now going to reconsider the action that it just took. That was a 6-4 vote to adopt the substitute motion okay? You’re effectively voting on the substitute motion again that is what our posture is you’re voting on the substitute motion again okay? All right --- Mr. Jefferson: Mr. Mayor --- Mr. Mayor: --- I’ve got you I got you; everybody just be cool, be cool (unintelligible). th. The Chair recognizes the Commissioner from the 5 State your inquiry. Mr. Jefferson: Thank you, Mr. Mayor. Well, being a consolidated government we adopted a bunch of city ordinances and basically back in the day when bus service was running to like 11:00 o’clock at night and you had events at the James Brown Arena and the Bell Auditorium, I think that was the intent of that at the time in a heavily populated area of downtown in the inner city. But being in a rural suburbs I think common sense should prevail that this is a secluded out of the way in the same manner as you would have a private club, venue or lodge where it is isolated from population, noise. If someone hollered for help you wouldn’t even hear them and that’s the reason why you have deputies on duty as well as firemen for their safety. But I think this should st be like you said brought into the 21 Century that you have an isolated venue for so much like a lodge that should use discretion and common sense and I’ll just leave it at that. Mr. Mayor: Have mercy, have mercy. Mr. M. Williams: My motion to approve, Mr. Mayor, without the time limit that the applicant is to determine the time they need to shut down. Mr. Jefferson: And I’ll repeat my second. Mr. Mayor: All right, very good. All right I’ve got a motion and a second. The Chair th recognizes the Commissioner from the 8. Mr. Guilfoyle: Mr. Mayor, you know we look at our ordinance and we expect them to be cookie cutters what works downtown should work out there in the rural area. Well, it don’t a lot of things in the ordinance package that doesn’t work just in any part of the city. I believe that the th Neelys as a business owner, farmers they own 9/10 of that whole entire road and I think they have knowledge and experience business sense as well as community sense to shut it down when they deem necessary. They ain’t going to be out there at one two o’clock in the morning. I mean 13 nobody in their right mind but for us to put time limits on to be truthful this conversation shouldn’t even be happening. But I believe we should recognize that. I know the area well and if there was a problem I’d be the first one to say it’s a problem but it’s not so if ya’ll would take that into consideration and you know we’re trying to be business friendly and this is one of them. Thank you, Mr. Mayor. Mr. Mayor: Yes, sir I couldn’t agree with you more. We thought long and hard about it. th And this Thursday my son had a 15 birthday out there and we turned up. It was in the country and we turned up. We did, we turned up. We’ve got a motion and a second. Voting. Mr. Guilfoyle: What’s the motion? Mr. Mayor: Madam Clerk, do you want to restate that for us? The Clerk: The motion was to concur with the Planning Commission to approve with conditions below Franklin Neely requesting a Special Exception to establish a Special Events venue to allow the petitioner to determine the time of use. Mr. Mayor: All right, the Chair recognizes the Mayor Pro Tem. Ms. Davis: Mr. Mayor, I was just going to see if we could put this on the Public Services Committee so that we can really have good debate on what we want it to say in the ordinance so that we’re not going against an ordinance. What’s that, Ms. Wilson wanted to add something to that. Ms. Wilson: Just a quick question. I was just going to ask if this is since this was in the public safety if this goes to Legal because that’s the one that we’re referencing that’s all. Mr. Mayor: Well, this issue’s not going to Legal. This issue’s going to be adopted in just stnd a second here. I’m waiting on the Commissioner from the 1 and the 2 I think we were voting a minute ago, is that not true? Mr. Fennoy: Yeah, and Mr. Mayor I support because I think I was out there for Mental Health or somebody had a conference and workshop a couple of years ago and I was out there. This is way out there in the country and I’m not concerned about the noise. I support what it is they’re trying to do and I think that they are a good charity and will make a decision as to when they’ll shut it down. However, we had an issue on our committee agenda whereby a favorite nephew came before the Commission and this Commission said that the rules says and we need to go by the rules. So, either we go by the rules or we don’t go by the rules, that’s my only concern. Mr. Mayor: Well, I appreciate that. All right, we’ve got a motion and a second, voting and we’re waiting on you, sir. Mr. Fennoy: I’m the hold up? Mr. Mayor: Yes, sir. 14 Mr. Sias and Mr. Frantom vote No. Motion Passes 8-2. Mr. M. Williams: Point of Personal Privilege, Mr. Mayor. th. Mr. Mayor: The Chair recognizes the Commissioner from the 9 State your inquiry. Mr. M. Williams: I want to apologize to the Neelys. I’m sorry you had to sit through all of this which should’ve been very simple to me but I’m simple minded. I don’t mind that. But we voted to let the clubs stay open until four in the morning’s around here, until four in the morning to eat food and they couldn’t even let you have a wedding. I just want to apologize. Mr. Mayor: Next item, Madam Clerk. Mr. M. Williams: You’re approved. You can go if you want to. The Clerk: APPOINTMENTS 41. Motion to approve the appointment of Michael Thurman to the Housing and Community Development Department representing District 8. Mr. Guilfoyle: Motion to approve. Mr. Fennoy: Second. Mr. Mayor: We’ve got a motion and a second to approve. Mr. M. Williams: I don’t think they pulled this. They can motion ten times if they want to, Mr. Mayor. I pulled the item, I’d like to address it. Mr. Mayor: I understand if you’ll just pause I’m going to recognize you, just pause. All th right, a lot of passion in the room already. The Chair recognizes the Commissioner from the 9. Mr. M. Williams: I have no problem with Mr. Thurman but here we are talking about rules again and if he lives in that district I have no problem with him serving. But if we don’t go by those ordinances or whatever then that’s fine I just wanted to, I questioned the last time this item came up I had the same question about it. I don’t know what changed. That was my position as far as appointing someone that lives in that district to represent that district. District 8 and Mr. Thurman is totally different so how every ya’ll want to do it, it don’t matter to me. th Mr. Mayor: Well, the Chair recognizes the Commissioner from the 6. Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor to Commissioner Williams’ question in 1997 the Commission had the same concern about whether individuals had to reside in the district 15 to be appointed to different boards. And the Commission adopted a policy that Jim Wall was the counsel the city the Commission counsel at that particular time. He was asked directly by Commissioner Beard and Commissioner Moses Todd at the time about did a person have to reside in the district. And its position was that the Charter didn’t say it necessarily had to be. It inferred that and the answer absolutely was no. As a result of that, the Commission in 1997 adopted a policy that a person say for instance had to be in this instance let’s just say that Mr. Thurman lives in District 1 but he would be on the Housing Board as a representative of District 8. They determined that he didn’t have to live there but he would be deemed to be a representative of District 8 and they adopted it in 1997 and this Commission moving forward has not changed those policies to my knowledge haven’t found anything that changed that the Commission decided to do something different. Thank you, Mr. Mayor. th Mr. Mayor: Thank you and so the question back to you the Commissioner from the 6 do you have a document that references that that addresses that? Mr. Hasan: I do, Mr. Mayor, I have several. Mr. Mayor: All right, do you want to give everybody the same set of common facts? Mr. Hasan: Well, I can read them. I don’t have enough for everybody. Mr. Mayor: Okay, all right I’m going to come back to you all again. Let’s operate from the same set of common facts. It’s everybody the same page you know has been my mantra for the last month, the same set of facts, same set of facts. Mr. Sias: It was in the last agenda time, Mr. Mayor. Mr. Mayor: Okay a lot of chatter, a lot of chatter. We’ve still got business to attend to. st The Chair recognizes the Commissioner from the 1. Mr. Fennoy: Mr. Mayor, during my four plus years on the Commission we have approved the appointments of people that live outside of the district that the person that’s appointed them and it wasn’t a problem then. Even last week we approved people to various boards that were not live in the district that represented them. So, if it wasn’t a big issue I don’t see why it should be a big issue now. Mr. Mayor: Okay, all right, so we’ve got a motion and a second to adopt this. We’re going to let each and every one to determine for themselves the nature of this. Voting. Mr. D. Williams votes No. Mr. M. Williams abstains. Motion Passes 8-1-1. The Clerk: This takes us to Item number 43, Mr. Mayor. Mr. Mayor: All right, Madam Clerk. 16 PUBLIC SERVICES 43. Discuss Jamestown Community Center. (Requested by Commissioner Marion Williams) th Mr. Mayor: All right, the Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. I asked the Attorney to get me a ruling for Jamestown Community Center and which is ran and who’s authority it’s ran up under. I would love to hear from the legal side. Mr. Mayor: The Chair recognizes Attorney MacKenzie. Mr. MacKenzie: Sure, I’d be happy to address that. We did consult with the Department to see what the structure currently is with respect to Jamestown Community Center management and the information received from the Department is that the center is currently under the management of Willa Hilton and she was appointed by a decision vote of the Jamestown Community Center’s Association. th, Mr. Mayor: All right, the Commissioner from the 9 continue. Mr. M. Williams: Thank you, Mr. Mayor, and I think I heard Andrew say Ms. Hilton was appointed by the Jamestown Community Center. She has not been coming before this body I mean do they make that decision on the city facility? We talked about how this facility is ran all of those things two years ago. We asked Ms. Jackson and the Director to look at those contracts and bring them back in and do whatever is necessary. Now that was two years ago now I’m hearing now that the Jamestown Community Center made an appointment that I totally disagree with for sure because this body ought to who the contract ought to be with, with this governing body not with someone else. I mean that should’ve been brought to this body if I’m not mistaken, Mr. Mayor. Mr. Mayor: I’m going to continue to refer to the Attorney. Mr. MacKenzie: Sure and so to clarify your question you’re asking are there any agreements that need to be modified as a result of the decision made by the Commission to ensure that the documents have the proper language in the lease language is that what you’re referring to? Mr. M. Williams: All of the above. Mr. MacKenzie: It’s my understanding that that is currently being reviewed and that process is almost complete and I do believe the Department’s here who may have more specific information regarding the exact timeframe on that. That’s my understanding that that process is almost complete. Mr. M. Mayor: And, Mr. Mayor, if I can follow up? Mr. Mayor: You sure may. 17 Mr. M. Williams: If that process is complete and it had not been brought back to any committee anybody on the elected side or is this going to be handled through some committee or some legal office? Mr. MacKenzie: It would need to come before this board for approval if there’s a document that was approved by this body. Mr. M. Williams: I think you’re asking me a question now, Mr. Attorney, if there’s a document approved by this body. What body would it be approved by if it wasn’t this body I mean is there another one? Mr. MacKenzie: There are two parties to each agreement it would be each one the associations so the association would approve the amendments and would bring it here for final approval by the Commission. Mr. M. Williams: So what you’re telling me that has not been done yet that may be a work in progress but as far as you know from what you just explained to me that has not been done so it’s in the process of being done is what I’m hearing from you but it has not been completed. If it has not been completed then it’s not done or would you disagree with that? Mr. MacKenzie: I can’t disagree with that. Mr. M. Williams: Okay well I didn’t think you could but I still need a legal opinion then from my attorney as to how this stands and how it, now we’ve been skirting around this for a long time and I’m really tired of playing with it. If it’s right, it’s right. If it’s wrong, it’s wrong. Now you have not made a ruling, you have not said anything that will go either way. You’ve been kind of dancing in the middle and that’s what most politicians do but let me tell you, Mr. Andrew, you’re not a politician, you’re an attorney today. I don’t know what you are when you’re off here. I need a ruling yea or nay I mean is it right or wrong or indifferent? th Mr. Mayor: Okay all right I’m going to come back to the Commissioner from the 9. The st Chair recognizes the Commissioner from the 1. Mr. Fennoy: Mr. Mayor, may I ask Mr. Parker a question? Mr. Mayor: I think you’re absolutely within your rights to ask Mr. Parker a question. I think you may already know the answer but you can ask him. Mr. Fennoy: Mr. Parker, we have recreational facilities that’s not really being run by Parks and Recreation but they’re being run by different organizations and neighborhood associations. Mr. Parker: Correct. We have several of those. Mr. Fennoy: Okay besides, is Jamestown one of them? Mr. Parker: It is. 18 Mr. Fennoy: Okay besides Jamestown, what are some of the other ones? Mr. Parker: Eastview, Fleming Tennis, W.T. Johnson it’s a Boys and Girls Club --- Mr. Fennoy: Okay --- Mr. Parker: --- sorry but there’s several. Sandridge. Mr. Fennoy: --- how I mean except for the wording are there any differences between the operations of Eastview than the operations of Jamestown? Mr. Parker: What you task us with and what we have been working on for longer than it should’ve taken is to make those agreements similar. That’s what we’ve done; each of these associations now has those draft agreements to review. As I, I didn’t bring one with me but what they state is that the agreement is with the association and then the association tells us who they elect as their president or whomever to represent that association. I don’t believe we determine that in the agreement that we have with the different groups. Mr. Fennoy: Okay, has this type of arrangement been beneficial to the City of Augusta and the communities where the facilities are located? Mr. Parker: Absolutely. I mean if we didn’t have these agreements in place we would need to come to you and ask for 25-30 employees to staff these facilities --- Mr. Fennoy: Okay. Mr. Parker: --- these different facilities and then program them and those kinds of things, absolutely. Mr. Fennoy: Thank you. Mr. M. Williams: Mr. Mayor, may I? Mr. Mayor: I’m going to come back to you. All right, anyone else? The Chair recognizes th the Commissioner from the 6. Mr. Hasan: Yes, Mr. Parker. I might have misunderstood you and I might have, one thing is in terms of codifying or making legal arrangements or the relationship between the neighborhood association and the governing body. How is that normally done through your office directly or does that come back to the Commission. Mr. Parker: It will come back to the Commission for approval; we have sent those agreements to the different associations. I don’t want to bring something to you that the group wouldn’t agree with --- 19 Mr. Hasan: Right. Mr. Parker: --- so I’ve had the groups, they’re reviewing those now to get back to us and then they would come to you. Mr. Hasan: Okay, what if a group does not agree with it does you come to inform us that you no longer have an agreement with that organization anymore? Mr. Parker: That hasn’t been the case at all; we haven’t heard any of that from the different groups. Mr. Hasan: No, I’m just asking the question if that happens. Mr. Parker: We would probably need to look at either someone new to operate the center if the association didn’t want to do that or the city would have to take that responsibility back on if you know say a neighborhood association chose to not operate the center. Mr. Hasan: Thank you, sir. Thank you, Mr. Mayor. Mr. Mayor: Okay thank you, Commissioner. All right the Chair recognizes the th Commissioner from the 9 for final arguments, two minutes. Mr. M. Williams: I’m trying to think two minutes, Mr. Parker, let me ask you this any other elected official involved in any of those other facilities you’ve got? Mr. Parker: No, sir. Mr. M. Williams: Okay Mr. Parker is any of those other facilities do the city pay all of the expense as far as utilities and whatever with those buildings does the city pay all of those? Mr. Parker: Yes, sir, we have a budget for each individual location. Mr. M. Williams: Okay, have there been any audits done at any time with those ones that get those city dollars you said you pay expenses on? Mr. Parker: Since I have been here there have not. That is in the new agreement. Mr. M. Williams: Since you’ve been here do you know whether or not there have been access for this body as far as an elected body has the City of Augusta have any access to get into those buildings? Mr. Parker: We absolutely do, yes, sir. Mr. M. Williams: Okay, so that’s with all of those facilities that you’re talking about? Mr. Parker: Yes, sir. 20 Mr. M. Williams: Now, Mr. Parker, I requested a key for one of those facilities and you didn’t have one in fact your staff didn’t one, nobody had one. The only key they had was to the gate. Now you’re telling me now that somebody misled me somebody tricked and now they don’t get no cigar for that because that’s not hard to do but you’re telling me that you always had a key to the facility at Jamestown. Mr. Parker: I have a key to Jamestown, yes, sir. Ms. Jackson: I want to clarify, I believe you got that key about six or eight months ago. Mr. Parker: Something like that yes, ma’am. Ms. Jackson: So the key has not always been in place with Mr. Parker. He’s secured that since he’s been here. Mr. M. Williams: Okay I’m using my lawyer head today I mean that’s why I asked that question and Mr. Parker said he always now I know for sure that it has not always been. But relative to that facility and an agreement was tasked by the Administrator and Mr. Parker to bring that agreement back at least so we could look at it and see what it was and to this day I have not seen any of that as to how it was proposed to be done, Mr. Mayor. The Attorney had not said this it was in violation not in violation. He’s been kind of dancing around it so I don’t know where we are now I don’t know what position to take. I’m saying if it’s right then I’ve got no problem supporting what’s right but if it’s not right then somebody needs to say it’s not right. We’ve been skirting around it as if it’s going to go away by itself and it won’t do that. Mr. Mayor: Okay well you know, Commissioner, you’ve been here for a long time and we’ve talked about this issue we’ve talked about this issue we said we were going to you know dispose of this issue. We tried diplomatic measures and I don’t know if I should feel like one of Trump’s cabinet members where you know you give me the job of being Secretary of the State and you pull everything back from me, I don’t know. Mr. Hasan: You’ve got to have Russian connections. Mr. Mayor: Yeah, I know and I don’t have any of those at this point but --- Mr. M. Williams: I don’t know about that, Mr. Mayor. Mr. Mayor: --- you tell me a week ago you tell me that you know when I said I was going to solve this issue and we didn’t get there and you know I hoped that I could get the two of you all in the same room at the same time and that didn’t happen. But at any rate my question to you, th, Commissioner from the 9 my question to you is you brought this issue forward a number of times a number of times to this body. What is in your mind the problem? Is it number one the fact that a newly elected individual --- 21 Mr. M. Williams: Mr. Mayor, you answered my question. Now don’t give me the answer now you ask me a question --- Mr. Mayor: --- I hadn’t asked --- Mr. M. Williams: --- you asked me a question I can do that part. You want to know what my position is? Mr. Mayor: --- no, I didn’t ask you your position I asked you what the problem was and I was going to list a series of things and you tell me --- Mr. M. Williams: --- I understand but if you ask me the question, I can come up with an answer. Mr. Mayor: --- all right so state for us what the problem is. Mr. M. Williams: The problem is that I believe there’s a conflict when an elected official has that authority over the department heads, over the Administrator, over the entire facility and runs that facility. The agreement was done before Mr. Sias who’s in question here now got elected. Once that changed once the election happened everything changes. You can‘t sit on this board and have the authority that he has and run that facility on a day-to-day operation like he does and not be a conflict. There’s been bids, there’s been work done, there’s no checks and balances on the work or any of that. When Mr. Grady Smith and Mr. Wayne Guilfoyle and someone else I think Mr. Jackson, Joe Jackson was accused of doing work, everybody’s was all up in an uproar I mean he was going through a different process and people comment on that but we act like this just goes away. If you are an elected official you’re receiving money you’re directing monies and you’re doing things even the rental money that comes in, this government don’t know anything about it, this government’s got no deals on it. Mr. Parker just said there’s been no audit, there’s been no checks and balances and now you’re elected that changes things, Mr. Mayor. Mr. Mayor: Okay I appreciate that. All right, Mr. Parker, would you approach? Mr. Parker, are you aware of any audits having been conducted on any of our recreation or park facilities? Mr. Parker: No, sir. Mr. Mayor: Okay. Mr. Parker, how long have you been an employee here with the City of Augusta? Mr. Parker: November of 2015. Mr. Mayor: Okay all right, Ms. Williams, would you approach? Have we conducted any audits of Recreation and Parks facilities that you are aware of? Ms. Williams: Recreation and Parks as a department of the government is included in the government wide financial audit and so they are audited the same as any other department. 22 Mr. Mayor: All right and so again you’ve established for us that they’re included in the annual audit that this organization goes through. From a financial perspective, is that correct? Ms. Williams: Yes, sir. th Mr. Mayor: Okay. All right going back to the Commissioner from the 9 all right you told us what the problem was. You believe one that there’s a conflict of interest. Number two that there have been no checks and balances that bids have been done, there are monies that have gone through Jamestown Community Center with no oversight. All right, those are the issues that you just articulated for us. Attorney MacKenzie --- Mr. MacKenzie: Sir? Mr. Mayor: --- is it not true that you just established for us that the Commissioner from th the 4 is not running the day-to-day oversight of the Jamestown Community Center? Mr. MacKenzie: That is the information I received from the department. Mr. Mayor: Okay, all right. All right so we can strike conflict of interest off because the th Commissioner from the 4 based on information you now presented to us is no longer from a day- to-day perspective managing that facility. Mr. MacKenzie: I would agree with that, yes. Mr. Mayor: Okay all right from a checks and balances standpoint the Finance Director just indicated that annually there’s an audit that takes place of this entire organization. Recreation and Parks included in that. Ms. Williams, would you approach again? In your annual audit of this organization to include Recreation and Parks, would that be a proper accounting of income versus expenditures that come through Recreation and Parks? Ms. Williams: Yes, sir, the external auditors sets the scope of the audit, defines the materiality of transactions, and does a statistical analysis of transactions. Obviously every single transaction that this government undertakes is not examined. That would constitute a forensic audit and a government this size that would take years. But statistically there is a level of assurance defined by the standards of the audit that would give them the level of assurance they need to express and what has been an unqualified opinion for the past number of years. th Mr. Mayor: All right, so what we’ve got, two things here. The Commissioner from the 9 has indicated that the concerns were one, a conflict of interest which we through deduction believe that that has been eliminated based on the information we have that there’s an oversight of the Jamestown Community Center and that oversight has not been provided by the Commissioner th from the 4, all right? We’ve also been told that there is in fact a system of checks and balances in place. There’s an annual audit that gets conducted by and outside entity of our entire organization and there’s a proper accounting of resources to income and expenditures that come 23 th, through this organization. All right, Commissioner from the 9 is there anything else that we’ve missed that is of a concern of yours? Mr. M. Williams: You missed the whole shooting match, Mr. Mayor. The Attorney just said that something was in process it hadn’t been finalized. You know he gave out a name but he said and he can speak for himself that was being done but had not been done and I questioned that. I mean we can say that we give it to the Clerk I mean as far as that’s concerned but until that’s official that’s been done it had not been done. And no one else has officially took that position whether Mr. Sias’ has it or you have it or anybody else nobody has officially done that yet. So that’s potentially a conflict if you’re elected an elected official and you’ve been in that capacity all the previous time who stood there showed us all of the work and stuff that they did and I think they did a good job, I’m not questioning the work but you can’t continue that work; you can’t act like that doesn’t exist. So, the stuff that the Attorney said you know I’m waiting to see some signed documents that his name is on and somebody else’s name is on not just somebody just said something. Mr. Mayor: Okay all right, Attorney MacKenzie. Mr. MacKenzie: Sure, I’d be happy to address that. I think the documents he’s referring to are the lease agreements that the Recreation Department’s indicated that they’re seeking to make uniform. And those agreements do need to be changed especially since there’s a different name of the person with respect to the Jamestown Community Center and the other agreements need to be changed too to remain consistent with the approach that this body would like to see which is uniform contracts in that respect. However, that doesn’t have a direct impact on the other issue which is the role of Commissioner Sias with respect to the Jamestown Community Center. I don’t see how the fact that those agreements have not yet been fully executed with the new names on them that fact in and of itself does not create a condition which would impact the potential conflict of interest associated with the Jamestown Community Center. Mr. Mayor: I concur with that. I think this matter again has been fully discussed, vetted and exhausted quite frankly. And I think at some level of certainty this body would concur with that if we were to take a motion and say that one, we believe that there is no real or perceived th conflict of interest between the Commissioner from the 4 and his role as an elected member of this body and the, I’m coming to you I’m going to give you more than ten seconds. I think it’s (unintelligible) to do that. And so God forbid we come back next week and we’re talking about this again and about the same issues. I just don’t think that’s the highest and best use of our time th as a government. So, to that end the Chair’s going to recognize the Commissioner from the 4. Mr. Sias: Thank you, Mr. Mayor. I had a different presentation but I’m not going to go into that one but I’m going to say is what our Attorney did not indicate clearly is that the governing body of the Association made that managerial change in January so that was a signed document, document who is the operation manager. It is not myself and I think that is what the Attorney did not articulate. That document if I’m not mistaken has been provided to the Law Department. So as far as that goes I just wanted to clear up that particular point. I’m going to leave off my other input. But I just wanted to clear that one up that document has been provided which is a signed 24 document from the Board of Directors identifying, clearly identifying in the structural minutes of who the manager is. Thank you. Mr. Mayor: Attorney MacKenzie, do you have a copy of that? Mr. MacKenzie: Yes, sir, I do and I also have additional copies available if the Commission would like to see those. Mr. Mayor: I think I’d like for you to pass those out. A common set of facts, Ms. Bonner, a common set of facts. All right everybody direct your attention to the last page. Well not the last page the second page, the second page I think. All right maybe it is the last page all right the second page, okay. Mr. Fennoy: (inaudible) put in on the screen (inaudible). Mr. Mayor: Yeah, okay, Ms. Bonner, can we put this on the screen? The Clerk: When I get a copy? Mr. Mayor: Here you can take mine. Mr. Sias: Mr. Andrew, we need to --- Mr. Mayor: Hold on, hold on, everybody’s blurting again, hold on. We’re going to th recognize you. I think the Commissioner from the 4 just wanted us to see this paper because it had the words strong water program on it. Mr. Sias: Also if I may add (unintelligible). Mr. Mayor: Okay all right, Attorney MacKenzie, all right that’s good, Ms. McFarley. Attorney MacKenzie. Mr. MacKenzie: Sure. The document that you’re looking at is the minutes from the th, Sandridge Community Association meeting, I believe the day on that was January 5 2017. As you can see about the middle of the page, the motion that was approved by the body was to appoint Ms. Willa Hilton as the manager of the Jamestown Community Center. Mr. Mayor: Okay. Mr. M. Williams: Mr. Mayor? Mr. Mayor: Hold on, hold on. I’m coming back. Save me from going out on a plank again and (unintelligible) asking Mr. Mayor I thought this conversation was over. All right, are there th any questions from this body beside the Commissioner from the 9 with regards to this document? All right okay so clearly we see evidence here there was an action taken by the Sandridge group who has been tasked with the operations of the Jamestown Community Center no different than as 25 you’ve heard from the Recreation and Parks rep as to how we do several of our facilities here in the City of Augusta, no different, okay? All right we’re going to dispose of this matter in just a th second. All right the Chair’s going to recognize the Commissioner from the 9. Mr. M. Williams: Mr. Mayor, this document and I can’t say this document is wrong or right but I don’t see another party here meaning the City of Augusta who Jamestown may have decided that this person is the right person. But there’s no document binding this government or agreeing with this government. I mean I can put something together too and say that you know I chose somebody else and say it came from Sandridge. It looks like the attorney’s and we’ve got about 25 around here it looks like one of them should have been present to say you know this is official or not official. I mean this document is something that somebody can just bring up. Now anybody in a court of law would want to have a second party there as at least a witness or a standby or something but just to bring this document that doesn’t prove anything. Mr. Mayor: Okay, all right, so I know, Ms. Bonner, and this body we’ve taken great time to deal with this issue. All right, Attorney MacKenzie, save a written resolution that could be adopted by this body and I subsequently sign that fully affirming and ratifying it, would it be prudent for us to take a motion adopting the action taken by the Jamestown Community Association or the Sandridge Community Association and us affirming their action effective January 1? Mr. MacKenzie: You could certainly do that, yes. Mr. Mayor: Okay, all right, so that’s what we’re going to do today. Mr. Fennoy: So moved. Ms. Davis: Second. Mr. Mayor: Okay all right, so now we’ve got an official action affirming what has been done by this community association, all right, which I think would bring some sense of closure to this matter. All right so we’re going to vote on this motion and ratify this at this time okay? All right, Madam Clerk, I think we’ve got a motion for that --- The Clerk: Yes, sir. Mr. Mayor: --- I want you to read that. The Clerk: The motion is to adopt a resolution affirming the action taken by the th Jamestown Community Center on Thursday January 5, 2017 appointing Ms. Willa Hilton as the manager of the Jamestown Community Center and authorizing said manager to execute all applicable documents with the City of Augusta on behalf of the Sandridge st Community Association effective January 1, 2017. Mr. Mayor: Okay and that is with the Sandridge Community Association. Okay all right th the Chair recognizes the Commissioner from the 6. 26 Mr. Hasan: Mr. Mayor and I apologize in advance if I misunderstood the motion to adopt a resolution or what have you. Mr. Mayor: Well so my question to the Attorney was save having a written resolution in front of us we could simply motion to affirm the action taken by the Sandridge Community Association which is what we’re doing --- Mr. Hasan: Okay all right, thank you. Mr. Mayor: --- effective January 5, 2017. Attorney MacKenzie. Mr. MacKenzie: That’s great. I think the way the motion was articulated it does have the word resolution I think it was intended as the word motion. Mr. Mayor: Yes, okay all right with that clarification. Mr. Hasan: Thank you. Mr. Mayor: All right, we’ve got a motion and a second. Voting. Mr. M. Williams abstain. Mr. Sias out. Motion Passes 8-0-1. Mr. Mayor: All right, before we go on, Madam Clerk, I want to make an announcement and I want to share that here in this setting. We are pleased to announce the 2017 Mayor’s Masters Reception once again a unique opportunity for us to engage our community and those golf patrons from the world who come into our city. We are certainly excited that we will be honoring on April rd 3, 2017 the following individuals. We’re going to honor our local hometown heroes Laura Coble, Bev Dolan and Jeff Knox for their commitment to our community and their enduring impact on the game of golf. Many of you know Laura Coble. She’s one of the most accomplished competitors in Georgia golf history. A nine-time winner of the Georgia State Golf Association Women’s Match Play Championship, 2013 inductee into the Georgia Golf Hall of Fame, 2017 Georgia Sports Hall of Fame inductee. Bev Dolan the Founder of E-Z-Go who many revere him as the father of the modern golf cart, an Augusta native hometown hero. And without question Jeff Knox who over the last several years has taken on the biggest names in golf and reminded them that they play at his back yard, an accomplished amateur golfer and 2017 Georgia Golf Hall of Fame inductee. Those are our honorees for this year’s Mayor’s Masters Reception; it’s good news for the City of Augusta. (APPLAUSE) Madam Clerk. The Clerk: APPOINTMENTS 45. Motion to approve the reappointment of Mr. Brad Owens to the Urban Redevelopment Board. (Requested by Commissioner Wayne Guilfoyle) 27 Mr. Hasan: Motion to approve. Mr. Guilfoyle: Second. st Mr. Mayor: The Chair recognizes the Commissioner from the 1. Mr. Fennoy: Yes, Mr. Mayor. If you look at, if you look at on the Talent Bank Information Questionnaire under Number 11 it says list boards you presently serve on. The DDA Board is listed, Animal Control Board is listed and URA Board is listed and you could only serve by the rules on one board. This is the Talent Bank that was filled out by Mr. Owens. Mr. Guilfoyle: Mr. Mayor? Mr. Mayor: Hold on, hold on, everybody. Just hold on, just hold on. All right, the Chair recognizes the Madam Clerk. The Clerk: Commissioner Fennoy, I have no knowledge of Mr. Owens being on the Downtown Development Board or Animal Control. I don’t know who made those appointments to my knowledge. And so we only have him listed as a member of the URA Board. Mr. Mayor: Commissioner, a question? Mr. Fennoy: But I’m just going by what he has --- The Clerk: Yeah, what he wrote down, yes, sir, I understand that. th Mr. Mayor: Okay, all right the Chair recognizes the Commissioner from the 8. Mr. Guilfoyle: Mr. Mayor, that was, he had mistakenly wrote that down that was the previous boards that he had served on for Augusta Richmond County as far as that was at the recommendation of the Commissioners at the time. You know when we have set appointments in the past well my past six years it’s always been a gentleman’s agreement to acknowledge and approve. I know we all have concerns or differences with certain individuals. Two weeks ago there was four people appointed and not a word was spoken, and they was not even in their districts. I put something on and it gets underneath the microscope, it gets critiqued and you know I understand about being consistent it’s just maybe next time I’ll just get somebody else to put it on the agenda for me so it doesn’t get questioned. But when Mr. Mayor, the former Mayor Deke Copenhaver, when this URA Board came up it was a gentleman’s agreement that Districts 1 and 2 select one, 3 and 4 select an appointment, 5 and 6 selects an appointment and 7 and 8. Well, this appointment here is through District 7 and 8 which is Mr. Frantom and myself. It’s the same appointment previous that Commissioner Donnie Smith and myself had appointed. And it would be different, I wouldn’t appoint him if Brad wasn’t doing a good job, if he wasn’t knowledgeable about the city, and he cared but I haven’t heard negative about him being on the Augusta Urban Redevelopment Board. And so if we’re going to do away with the gentleman’s agreement that has always been done in the past please let me know now so I could plan for the future. But it’s always 28 I can never question anybody else’s appointment and this one through District 7 and 8 and I would like to see if we could move forward with it. And I do appreciate, I will say this, Commissioner Fennoy, I appreciate you reaching out and telling me your concerns. Mr. Fennoy is one I do as well as rest of the colleagues I do respect and we do have an understanding we can talk about things with each other and I appreciate him for reaching out. Mr. Mayor: You know we have a motion and a second. I thought we were ready to vote and move on, we did we had a motion and a second and you know I’m starting to question that (unintelligible) game, Natasha. I’ll tell you just talked yourself out of a date the Chair recognizes th the Commissioner from the 9. Mr. M. Williams: Mr. Mayor, I just need clarification. Is that District 1 and 2 or 3 and 4 or is that a consensus appointment this URA Board is that 1 and 2? How does that work, Ms. Bonner? Mr. Mayor: You know what, Ms. Bonner, we’d solve all of this if they’d let the Mayor just make all of the appointments on any board (unintelligible) then be done with it, you wouldn’t have this problem, wouldn’t have this problem. Ms. Bonner. The Clerk: At this point Commissioner Williams it is considered a consensus appointment. I do recognize at one point the Commission did take an action to institute that however that was never really implemented. And when we came to the position to actually appoint the initial board that method was somewhat discarded and a motion was taken from the floor to appoint the URA members. But Commissioner Guilfoyle is correct. The Commission did consider that and recommended that action but when we finally got around the making the appointment it was not implemented. And I can send those minutes to the members of the Commission if you like. Mr. M. Williams: So my understanding is it is --- The Clerk: It is a consensus appointment at this point, yes, sir. Mr. M. Williams: --- and that’s what I thought when it came to consensus appointments that we would talk among ourselves and you know and come up with a consensus to say well and some of them you know we don’t really care about some we don’t even participate in but there’s some that we do. But if that’s a consensus appointment I don’t see how we can just handpick. I mean we’ve got and I like Brad, Brad’s been on the board before he served on the URA Board before even before this time. I’m not talking about the time we’re talking about reappointing him (unintelligible) but even before then he’s been around Augusta for a while and think a lot of people support him I think he can do a good job. But I just think we need to hold to the rules again if there is such a thing. Mr. Mayor: Yeah well, you know, I appreciate that. I’ve got a motion and a second on this. We’re going to vote on this and we’re going to dispose of it. Those in favor will vote yea and those opposed will vote no and if it fails then we’ll put somebody else’s name up there. The st Chair recognizes the Commissioner from the 1, state your inquiry. 29 Mr. Fennoy: Mr. Mayor, back in 1998 when Brad was running for House District the Republican Party said that they could not support him because of his association with David Dukes back in 1992 when there was a picture of him clasping hands with David Dukes that was printed by the Augusta Chronicle. The Republic Party said we’ll be damned if we do and damned if we don’t. Because of that situation they would only say that we just can’t sit here and don’t say anything because if we do we look like we’re condoning his actions. I can’t support him, I can’t support him because of his actions. Mr. Mayor: All right, I’m going to go back to what I just said. We’re going to let everyone determine for themselves whether they support it or not by pushing yes or no. Okay, voting. Mr. Fennoy abstains. Mr. M. Williams votes No. Motion Passes 8-1-1. Mr. Fennoy: Can I get a Point of Personal Privilege, Mr. Mayor? I don’t ask much. Mr. Mayor: Well, I know you don’t but I just gave you a personal privilege a minute ago and are you going to say anything different than what you just said? Mr. Fennoy: I might add John C. Calhoun to it. st Mr. Mayor: The Chair recognizes the Commissioner from the 1. Mr. Fennoy: You know, Mr. Mayor, it seems strange that you know we don’t want to change the name of the Expressway because it’s named after a person that was a former Vice- President of the United States but he also used his position as Vice-President to advocate slavery and felt that slavery was the best thing that happened to black folks. Now we turn around and place a person on a position --- Mr. Mayor: Commissioner, I’m going to ask you to suspend --- Mr. Fennoy: --- all right. Mr. Mayor: --- I’m going to ask you to suspend. All right, all right, all right, I know that there’s some issues that are important to you and the conversation around the John C. Calhoun Expressway is an important one and I in no wise will diminish that but what I want to offer today, tomorrow and the days ahead is that it’s a new day in Augusta. I know that there’s some of the same old traditional conversations and issues and challenges that we have but it is a new day in Augusta. It’s 2017 and we will strive for one Augusta not a black Augusta not a white Augusta not an Augusta that continually reminds us of from whence we come and I would ask you to do the same, Commissioner. I would ask you to do the same. All right okay, Madam Clerk, we are going to adjourn here in just a second. I want to remind everyone or at least inform everyone of rd an event that’s taking place on March the 23. You have in front of you the SOGO Redevelopment Summit using SOGO as South of Gordon Highway. That’s what it stands for and it’s taking place rd on the 23 and our convening place will be at the Partridge Inn. This is a summit where we have 30 developers from the Atlanta area. We have the owners of the Regency Mall who are going to be, it is an invitation only event. This is not an event that we broadcasted, and we purposely did that because as a targeted audience with a targeted focus and that is specifically the development and/or redevelopment of the 70-acre site that we refer to as Regency Mall. I’m sharing this information with each of you as elected officials for you to not only be aware of this conversation taking place but to invite you so this is your personal invitation. And if you would respond back to Ms. Jessica Bufkin in my office and let her know if you’re going to be in attendance I would greatly appreciate it, I would greatly appreciate it. All right, Madam Clerk, there be any further business before us today? Mr. M. Williams: I have one other question, Mr. Mayor. Mr. Mayor: All right, you have a question? Mr. M. Williams: Yes, sir, on our agenda commission we’ve got a legal opinion but when we do legal why is it still on our agenda? Mr. Mayor: Well --- The Clerk: It’s standard --- Mr. Mayor: --- it’s standard information. The Clerk: --- information in the event you need a Legal after the Commission. It’s just on there standard. Mr. Mayor: It has been there for many, many years as part of (inaudible). Mr. M. Williams: And we change to Legal that’s why I’m asking why it’s still there we change to Legal to --- Mr. Mayor: Well, from time to time this body has even in full Commission said that there’s a matter we want to address in Executive Session and as such we’ve got it identified on the agenda and from time to time we go into Executive Session. So, it’s not a unique thing. It’s been there and again as you told me on multiple occasions your Clerk but I’m going to take (unintelligible) my Clerk today. She’s done her yeoman’s job in putting this together so all right there be no further business this meeting is adjourned. \[MEETING ADJOURNED\] Lena Bonner Clerk of Commission 31 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 March 21, 2017. ______________________________ Clerk of Commission 32