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HomeMy WebLinkAboutRegular Commission Meeting February 6, 2018 REGULAR MEETING COMMISSION CHAMBER FEBRUARY 6, 2018 Augusta Richmond County Commission convened at 2:00 p.m., February 6, 2018, the Hon. Mary Davis, Mayor Pro Tem, presiding. PRESENT: Hons. Davis, Mayor Pro Tem, Jefferson, Sias, Frantom, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. ABSENT: Hons. Hardie Davis, Jr., Mayor; Guilfoyle and M. Williams, members of the Augusta Richmond County Commission. Ms. Mayor Pro Tem: Good afternoon, everyone. The Mayor will not be here today, so I’ll be presiding. So, let’s go ahead and get started, Madam Clerk, if you’re ready. The Clerk: Yes, ma’am. Our invocation will be delivered by Minister Carl Jones, Pastor of the church at Grace Street Church, Minister Jones are you in the Chamber? Ms. Mayor Pro Tem: I don’t see him. The Clerk: Do you want me to do it? Ms. Mayor Pro Tem: Sure, Madam Clerk. The Clerk: Eternal loving God, we thank you for this beautiful day. We ask for your guidance for all who devote themselves to the common good of this community. We lift up members of the Augusta Commission and staff for special guidance and direction during today’s deliberation. Fill us from our differences and unite us, Oh Lord, with common purpose, dedication and commitment to achieve what is good for Augustans and especially those who are most vulnerable in our midst. In the name of the Trium God, Amen. The Pledge of Allegiance to the Flag of the United States of Amercia was recited. Ms. Mayor Pro Tem: Thank you, Madam Clerk. I’d also like to make a very quick th recognition of our Madam Clerk, Ms. Lena Bonner for today marking her 45 year of service to Augusta Richmond County. (APPLAUSE) And I have to say, Ms. Bonner did not want to be recognized but there was no way that we couldn’t call that to everyone’s attention. So, thank you so much. You are very appreciated and we could not do our jobs without you for sure. Mr. Sias: Speech? The Clerk: Thank you, Madam Mayor Pro Tem. It is heartwarming to see all the congratulation and I thank you all for your heartfelt congratulations. And the fact that I have Ms. Armstrong here and that is special to me because when I first came to work on City Council Ms. Armstrong was there. At that time she was the community activist and then she was elected to City Council. And she really counseled me on several issues pertaining to city government and 1 for that, Ms. Armstrong, thank you so much. And to all of those who have worked with me throughout the years I really do appreciate all your help and just thank you, thank you. (APPLAUSE) Ms. Mayor Pro Tem: Okay, Madam Clerk, on to the delegation please. The Clerk: We have one other recognition. Ms. Sylvia Williams from our Human Resources Department to acknowledge one other Years of Service. Ms. Williams: Good afternoon, Mayor Pro Tem. Ms. Mayor Pro Tem: Good afternoon. Ms. Williams: Good afternoon Mayor Pro Tem, Commissioners, special guests, Directors and citizens of Augusta Richmond County. My name is Sylvia Williams. I’m the Employee Relations and Training Manager of the Human Resources. Today it is my esteemed pleasure to recognize our January Years of Service Recipients. For the Month of January 2018 we have 34 employees celebrating between five and 20 years of service with Augusta Richmond County. This afternoon we would like to recognize our 25 to 50 Years of Service recipients, as I call your name please come forward. Ms. Milly Armstrong (APPLAUSE) Ms. Lena Bonner (APPLAUSE) and we also have Vincent Washington. Once again, a big congratulations to all of our Years of Service recipients. Give them another round of applause. (APPLAUSE) Ms. Jackson: I do want to take a moment to introduce our Interim H.R. Director Ms. Janice Osei is standing at the podium she just came in today. This is her first day as Interim H.R. Director per the approval you all gave last week so I just wanted to let you know who she is so you can put a face with the name. Ms. Osei: Thank you. The Clerk: RECOGNITION(S) MACH Academy A. Congratulations! MACH Academy recipient of 2017 United States Tennis Association (USTA) National Junior Tennis League (NJTL) Chapter of the Year Award. (Requested by Mayor Hardie Davis, Jr.) The Clerk: At this time we would like to offer our congratulations to the MACH Academy being the recipient of the 2017 United States Tennis Association National Junior Tennis League Chapter of the Year. Would you please come forward? (APPLAUSE) Ms. Jones: Mayor Pro Tem, Commissioners we want to just thank you for making this recognition public. This is just a small portion of the students from MACH Academy that work so hard all year long to make, they work hard to make this award possible. And I did give a little bit of brief information to all of the Commissioners about the award. The award recognizes 2 outstanding service on the tennis court as well as off the tennis court. Our academic program was highly praised because we’re constantly looking for opportunities to help our students become better citizens. So, we thank the City of Augusta and the Commissioners for your support and all that you do to help MACH Academy what it is. (APPLAUSE) One of the new programs that we offered, started offering was a Coding Program and this was introduced to MACH Academy a year ago by Tom Patterson from Unisys. And our children took to this program just like they knew it all along and we are so proud of this. In fact, we have Mr. Patterson’s wife with us, where did she go, she’s getting a photo. But anyway, she has been very instrumental in making sure that our Coding Program gives our children an opportunity to, as you all know this is the year of technology. Technology is growing by leaps and bounds. It is here to stay, it’s not going anywhere. So, we want to make sure that our children are, have the access to the arena of opportunity. And we were most impressed with the Governor when he came down in January and did the ground breaking for the second phase of the Cyber Center. And we were mentioned in that piece because of our work that we’re doing with our students in coding so we’re just so elated to be recognized for those efforts. (APPLAUSE) The Clerk: RECOGNITION(S) Special Presentation B. Special Presentation to the Augusta Commission by Mr. Fred Chappell. Mr. Chappell: Good afternoon everyone, Mayor Pro Tem and the Commissioners. At this time I’d like to call Ms. Bonner up here with me. I am here representing Lucy Laney High School Basketball team, Mr. Smith as Principal, Coach Otis Smart as coach and his staff. And also the 2017 Championship, the ladies the Championship 2017. They want to just thank you for what you did last year. You came together and gave them a dinner downstairs in the Beasley Room and they’re still talking about it today. They are so happy. They were unable to be here today because they’re getting prepared for the playoffs this week so they called me to the school and asked me will I do this and I said yes, I’m a Wildcat so how can I turn it down. But they wanted to just present you with something. It’s their love and all the Wildcats love so they want to present you with this Championship Ring (APPLAUSE) from the Wildcats. Put that on, that’s the real deal. The Clerk: I should’ve got my manicure, oh my goodness. Mr. Chappell: Okay, we represent the Laney Wildcats and we’re hoping to do it again but they just wanted to send their love to you, and they couldn’t be here today. The Clerk: Last year when Commissioner Fennoy approached me along with Commissioner Ben Hasan about honoring the Lady Wildcats for having achieved that wonderful victory with that Championship and asked if there was something we could do and if I would assist him. Well, I tried to act as if well I don’t know but inside I was just beaming with wanting to get it done. And when I had the opportunity to meet those young ladies they instilled such pride in me having or still is a Wildcat, that’s something you never get away from. But the politeness, the respect, the team camaraderie, the respect they had for each other and for the community and for the school I found it so overwhelming. And my friends here I called them to assist me and they 3 readily accepted. Brenda, Marsha is a Wildcat, Brenda’s an Eagle but we let her come in anyway as well as my daughter-in-law just to let them see how it could be done and what was done. And we were just so proud and it was such an honor for me to have the opportunity to honor them for such a job well done. And thank you today for this recognition. I mean I had no idea they really did this and I’m was appreciative. And I thank God for giving me the opportunity and the ability to share with all of you all what he’s blessed and graced me with. And thank you so much I’m so humbled by this I really am and again thank you so much. (APPLAUSE) Mr. Chappell: I just have one more quick thing to say. It’s been a great year so far I know we all can attest to that. I just want to say Fly Eagles Fly. And you know I’m a big football fan. I’m going to get out the way. I’m a big football fan but you know what those Philadelphia Eagles really did it on Sunday night. Can we get hand for the Philadelphia Eagles? (APPLAUSE) Thank ya’ll very much. The Clerk: RECOGNITION(S) Hurricane Irma C. Special recognition of the City of Augusta’s internal and external partners for their work during the shelter operations during Hurricane Irma. The Clerk: Chief James. Chief James: Madam Mayor Pro Tem, Commission and Ms. Jackson, I just want to take an opportunity. The efforts that were done by this city during Hurricane Irma this past September in sheltering the citizens from Savannah was outstanding. Our EMA Office had went to Savannah, Statesboro, Gwinnett County, we’ve had the state come here to discuss with us how did you do what you’ve done. There hasn’t been any other communities in the state that sheltered as many evacuees as we did during that event, the past two events and so we have set that standard and they want to know how we’re doing it. And so while we’re going around talking about what we did, we thought it was appropriate, Ms. Jackson and I had a conversation about it and we thought it was appropriate because we could not have done what we’ve done without our partners in the city, our internal partners and our external partners, and we wanted to take this opportunity to show them a token of our appreciation to thank them for assisting us during that shelter operation just to say thank you because it was an outstanding job and like I said it has set the standard on how sheltering is done. They have FEMA coming in talking about a regional plan and they have us first at the table saying how did you do this, how did you accommodate this, how did you handle your special needs and just to attribute that we done a great job and we wanted to say thank you to all our partners. And so, once we call your name if you just come up we will shake your hand and give you a plaque. Mr. Speaker: The Richmond County School System, Augusta Animal Services, Augusta Transit, Augusta Recreation Department, Richmond County Sheriff’s Office, Richmond County Division of Family and Children’s Services, Richmond County Marshal’s Office, The Augusta Law Department, Augusta 311, Trinity on The Hill United Methodist Church, RCCI, The American Red Cross, Salvation Army, South Star EMS, East Central Health District, Augusta 4 University, Augusta IT/GIS, Textron Specialty Vehicles, Water Utilities Department, Augusta Engineering, Augusta 911, Environmental Services, Gold Cross EMS, Planning and Development, Persineas Medical Care, Augusta Convention and Visitors Bureau, Housing and Development. Chief James: And I just wanted to say as you see it takes an entire team of folks to do what took place and for it to be successful. We can’t do it by ourselves in a vacuum. And again, we wanted to say thank you to all you organizations that helped the City of Augusta be so successful at sheltering our fellow citizens from Chatham County while they were in need. (APPLAUSE) Ms. Mayor Pro Tem: All right, Madam Clerk, meeting adjourned --- The Clerk: I know. Ms. Mayor Pro Tem: --- it’s been a good day. Also, Chief James, thank you for all of your efforts too and of course your department. And that was impressive just to see all the work that really does go into an emergency type situation. So we appreciate all of our employees and you as well, thank you. All right, Madam Clerk, on to the next delegation. The Clerk: DELEGATIONS D. Ms. Aligham Brigham, Office of the Richmond County Tax Commissioner regarding the creation of new full-time position. The Clerk: Item D, Madam Mayor Pro Tem, has requested that this item be deleted from today’s agenda and we could address that with the consent agenda. The Clerk: DELEGATIONS E. Mr. Stephen A. Lee-El reading amendment to the Augusta GA Code and O.C.G.A. Section 45-3-14. Ms. Mayor Pro Tem: Okay, Mr. Lee-El, if you would please come up to the podium and state your name and address for the record. Mr. Lee-El: Peace, my name is Brother Stephen A. Lee-El. My family property is located in Augusta, GA 3620 Goldfinch Drive, District 5. Ms. Mayor Pro Tem: Okay, Mr. Lee-El, you have five minutes please to speak, thank you. Mr. Lee-El: First, I would like to say thank you for everybody’s attention, thank you for this beautiful city, for all the officials and all the great work that was done with Hurricane Irma. My request is simple. I’m asking and with the same fervency and with the same integrity that we’re helping other counties I would like to see that done here in this county. It’s been brought to my attention that certain officials within the City of Augusta are violating their Oath of Office and 5 there’s an illegal racket that’s operating in this city that’s empowering non-public officers to arrest the men and women of the city without judicial authority. So specifically what is requested to this Commission is that everyone search their heart, review your Oath of Office and the Constitution to the State of Georgia and make sure that these codes that you all are enforcing please, are consistent with the Constitution for the United States of America and the Constitution for the State of Georgia. I’m going to read the attachments that came along with this request and I’m going to give everybody a little bit of a background of how this code was put in place. Code Section of the Augusta Georgia Code these are the ordinances that govern the city. Several years back under the previous administration of Deke Copenhaver and his commissioners at that time, the only other Commissioner that’s still existing today is Marion Williams who is also part of the commission. An ordinance was passed several years ago that gave the power to arrest people to an everyday citizen. In the State of Georgia we elect judges to do the job of a judge to determine if there’s probable cause and to determine if someone’s liberty should be taken. What I’ve discovered here as being a first-hand victim is that instead of the judges of Augusta, Georgia doing their job, the everyday high school graduate can issue a warrant to have you arrested. They don’t have to be a judge; they can just graduate from Laney High School, Glenn Hills, Evans whatever high school, maybe get an Associate’s degree and all of a sudden they’re now qualified to do the job of a judge. th This is what happened to me on September 28, 2017. I was arrested for allegedly criminal trespassing, allegedly criminal trespassing on my own property. You heard that correctly. I was arrested for allegedly criminal trespassing on my own family property, a property that has been in our family since the 70’s. Now had a judge been in duty that day I probably never would’ve been arrested but because the judges have been replaced by clerks and the Clerks of Court now have the power to issue warrants. If you do a Google search for the Channel 12 News and The Augusta Chronicle it has already been exposed. Several warrants were issued against Daniel Beasley and Judge Jolly’s daughter last year and those charges were thrown out because they had a good lawyer. Somebody like myself who cannot afford a lawyer, I rely on these Commissioners to amend and fix this code that gave Clerks of Court the power to do what the judges do. And I’ll read to you why this code is both unconstitutional beyond their power. In the State of Georgia we have what is called the Uniform Rules of Municipal Court and the Uniform Rules of Magistrate Court. These are the rules handed down from the Supreme Court of the State of Georgia. These rules mandate how courts are to operate and there is no deviation from these rules allowed unless the Supreme Court approves it. So if you turn to the attachments in the agenda request you’ll see that I put a copy of the Council of Magistrate Rules, Uniform Rules of Municipal Court, Rule No. 16 and I read: I quote Administration Oaths, a Clerk of the Municipal Court may administer the oath and sign a jurat for affidavits including those in support of arrest warrants and search warrants. These rules shall not be interpreted as otherwise affecting the responsibilities of a judge in hearing applications for arrest and search warrants. That is the Uniform Rules for Municipal Court. Rule No. 21 these are the Uniform Rules for Magistrate Court. The Clerk of the Magistrate Court may administer the oath and sign a jurat for affidavits including those in support of arrest and search warrants and bad check citations. This rule shall not be interpreted as otherwise affecting the responsibilities of a judge in hearing applications for arrests and search warrants. Ms. Mayor Pro Tem: Mr. Lee, your time is just about up. Mr. Lee-El: So what I’m asking for the Commission to do is to review Section 5-416 and determine whether the Clerks of the Courts and the Warrant Division of this city have their proper 6 Oath of Office, Loyalty Oath and whether the Constitution of the State of Georgia and the Constitution of the United States permits Clerks of Courts to do the job of a judge. I ask that this is amended as soon as possible and I ask that Courtney McCord and Dustin Burdick are removed from payroll because they do not have a Loyalty Oath on file. Ms. Mayor Pro Tem: Mr. Lee, thank you. Mr. Lee-El: Thank you for your time. God Bless America. Ms. Mayor Pro Tem: Thank you for being here today. Commissioner Fennoy. Mr. Fennoy: I’d like to address Attorney MacKenzie. Ms. Mayor Pro Tem: Okay. Mr. Fennoy: Attorney MacKenzie, based on the information that we just heard or the presentation we just heard is there a need for the Commission to make any changes to the existing ordinance that we already have? Mr. MacKenzie: Well, first let me start by saying there’s actually some pending litigation regarding to the allegations that were referenced. What he’s referred to is the code section which is Section 5-146 is actually a provision of the Augusta Georgia Charter which is actually a compilation of what’s called Local Laws. And at the bottom of the section relating to that it has a reference to the Georgia Law so these provisions were actually passed by the State Legislature. The Commission could initiate a process to request that the State Legislators amend this section but in my opinion as your counsel I believe that the process through the courts which are already pending will provide him an opportunity to challenge these. He’s alleging that these are unconstitutional and in a court if they believe in these claims could award a change to these laws and deem them to be unconstitutional which is the remedy he’s seeking. So, my advice would be to let the process run its course through the courts. If there is a need to amend any sections then we could make that request to the Legislative Delegation for this part of the Charter. Ms. Mayor Pro Tem: Thank you, Commissioner Fennoy. Madam Clerk, next delegation. The Clerk: DELEGATIONS F. Mr. John Hayes regarding support of Commissioner Fennoy’s proposed renaming of the John C. Calhoun Expressway. Ms. Mayor Pro Tem: Good afternoon, Mr. Hayes. Mr. Speaker: Good afternoon. My name is John Hayes. I live at 1838 McDowell Street. Ms. Mayor Pro Tem: Okay and if you’ll, you have five minutes please to speak, thank you. 7 Mr. Hayes: I’m an Associate Professor of History at Augusta University, I emailed you last week and yesterday with historical background on this issue. If you had time to read the emails, I thank you for your time and consideration. I want to speak directly today on behalf of Commissioner Fennoy’s efforts because John C. Calhoun wasn’t just any old southerner or a Vice- President who happened to own some slaves. For two decades before his death in 1850 he was the nation’s leading defender of slavery in the face of the abolitionist movement. He was also the nation’s leading theorist of how states with sovereign entities who could nullify federal law and secede from the USA if push came to shove. He was a wealthy South Carolina planner and a very powerful U.S. senator with a long legacy. Slavery and secession were defeated in the Civil War but Calhoun’s core ideas lived on into the 1970’s informing the notion of state’s rights and segregation as a proper hierarchy of two unequal races. A year after Calhoun’s death Augusta City Council honored him with a Calhoun Street downtown and legislation had also created Twiggs and Taylor Streets. Then in 1966 when Walton Way was being extended through Calhoun Street to reach Gordon Highway, the City Council transferred the name to a projected new expressway, but it upped the ante in the process naming the new expressway John C. Calhoun. Why? In the context in the mid 1960’s this was a thinly veiled pro-state’s rights, pro-segregation, anti-civil rights movements gesture with connotations of an old south of slavery and cession. This is the history we’ve inherited, and we can’t change it but we can overturn past political decisions. The past is not a dead weight. Thankfully, in our American system our hands are not tied by the decisions of those who came before us. Commission Fennoy has pushed the issue and the question remains unanswered. Is Calhoun someone who we as a community want to honor in 2018? To my knowledge no one has stepped forward and argued yes. Instead two other arguments have circulated. First why make such a fuss about this? Don’t we have much bigger issues to deal with? Second, changing a name won’t change people’s hearts. It won’t make any difference in the real racial divisions in our community. To those arguments I would say signs and symbols to matter to us. Who we choose to commemorate in visible ways like place name, monuments and statues says a lot about the ideals and values that we hold. Imagine an African-American child growing up in Harrisburg learning one day in school about John C. Calhoun and then realizing yes, that’s the same John C. Calhoun for whom the expressway is named. Surely the child would feel diminished like this was someone else’s city and the child might wonder why the community chooses to commemorate this person. Or imagine a white child growing up in National Hills making the same connection between school lessons and the signs. The child would surely feel that this is okay, that of course we honor people like this. That child would get the most basic and most dangerous lesson that while supremacy tries to teach, that this is simply the way it’s supposed to be. I believe it’s incumbent upon the political ears of this community to say, no, it’s not. Thanks to the Civil Rights Movements and changes it brought, that political leadership is not exclusively white people. But I’d also like to hope that thanks the Civil Rights Movement the hearts of at least some whites have changed, that they cannot endorse Calhoun or his long legacy. Changing the expressway’s name is a small step but hardly a meaningless one. Thank you for your time. Ms. Mayor Pro Tem: Thank you, Mr. Hayes. Okay Madam Clerk, on to the consent agenda correct? The Clerk: Yes, ma’am. I call your attention to our consent agenda which consists of Items 1-34, Items 1-34. For the benefit of any objectors to our alcohol petitions please signify your objections by raising your hand once the petition is read. I call your attention to: 8 Item 4: Is a request for a retail package Beer & Wine License to be used in connection with Amex Mart located at 2579 Tobacco Road. Item 5: Is for an on premise consumption Beer & Wine License to be used in connection with New Ming Wah located at 3415 Wrightsboro Road. The Clerk: Are there any objectors to either of those alcohol petitions? Ms. Mayor Pro Tem: None noted. The Clerk: I call your attention to Item #2 Planning item amending the Code Section (A- Agriculture) (R-MH-Manufactured Home Residential). Are there any objectors to that petition? Ms. Mayor Pro Tem: No, ma’am. The Clerk: Our consent agenda consists of Items 1-34 with no objections to our Planning item or our Alcohol petitions. Ms. Mayor Pro Tem: Okay, so now we’ll take any motions to pull or to add. Commissioner Hasan and then Commissioner Sias. Mr. Hasan: Yes, thank you, Madam Mayor Pro Tem. I’d like to pull Item number 8 and Item number 12. Ms. Mayor Pro Tem: Commissioner Sias? Mr. Sias: I’d like to pull Item 1 and Item 2 and Item 19. Ms. Mayor Pro Tem: Okay, any other motions? Can I have a motion to approve the consent agenda? Mr. Frantom: Motion to approve. Mr. Sias: Second. CONSENT AGENDA PUBLIC SERVICES 3. Motion to approve the purchase of additional weight room/exercise fitness equipment from Innovative Fitness Solutions Bid Item 17-149. (Approved by Public Services Committee January 30, 2018 w/report back from the Administrator. 4. Motion to approve New Ownership Application: A.N. 18-02: A request by Earl Benny Culver for a retail package Beer & Wine License to be used in connection with Eminence, Inc dba Amex Mart located at 2579 Tobacco Rd. District 4. Super District 9. (Approved by Public Services Committee January 30, 2018) 5. Motion to approve New Ownership Application: A.N. 18-01: request by Mann Fai Cheang for an on premise consumption Beer & Wine License to be used in connection with New 9 Ming Wah located at 3415 Wrightsboro Road. District 5. Super District 9. (Approved by Public Services Committee January 30, 2018) 6. Motion to approve the American Airlines Agreement. (Approved by Public Services Committee January 30, 2018) 7. Motion to approve Mr. Dan Vander Meer as the new General Manager for McDonald Transit. (Approved by Public Services Committee January 30, 2018) 9. Motion to approve proclaiming Augusta, Georgia a Purple Hear City. (Approved by Public Services Committee January 30, 2018) 10. Motion to approve Avfuel Aviation Fuel Supplier Second Amendment. (Approved by Public Services Committee January 30, 2018) 11. Motion to approve the final renewal Davis Landscaping Amendment 2 in the amount of $67,992. (Approved by Public Services Committee January 30, 2018) 13. Motion to approve Executive Director’s Purchase Authority in the amount of $25,000.00. (Approved by Public Services Committee January 30, 2018) 14. Motion to accept Departure Media – In terminal advertising Augusta Regional Airport – 5 year contract. (Approved by Public Services Committee January 30, 2018) 15. Motion to approve funding in the amount of $9,600.00 from the Contingency for upgrading the James Brown display at Augusta Regional Airport at Bush Field. (Approved by Public Services Committee January 30, 2018) 16. Motion to approve the Innovative Electronic Design, LLC – PA System. (Approved by Public Services Committee January 30, 2018) 17. Motion to approve referring the Litter Control Ordinance to the Administrator for review and report back in 45-days with the recommended changes. (Approved by Public Services Committee January 30, 2018) 18. Motion to approve Runway Closure Markers (Lighted X’s) Hali-Brite Contract. (Approved by Public Services Committee January 30, 2018) 20. Motion to approve Towable Passenger Stair Bid Award to Aero Specialties in the amount of $63,736.20. (Approved by Public Services Committee January 30, 2018) ADMINISTRATIVE SERVICES 21. Motion to adopt the Augusta, Georgia ADA Self Evaluation & Transition Plan – Final ADA SETP). (Approved by Administrative Services Committee January 30, 2018) 22. Motion to approve tasking the Administrator with analyzing the figures and bring back a report of what it would cost each commissioner after they choose which conferences they want to attend relative to state and national association memberships. (Approved by Administrative Services Committee January 30, 2018) 23. Motion to approve Housing and Community Development Department’s (HCD’s) procedural process relative to agreements/contracts/task orders for the Laney Walker/Bethlehem Revitalization Project (for calendar year 2018) (Approved by Administrative Services Committee January 30, 2018) PUBLIC SAFETY 24. Motion to approve an authorization to accept an Innovation Grant in the Foster Category from Maddie’s Fund in the amount of $5,000. (Approved by Public Safety Committee January 30, 2018) 10 25. Motion to approve entering into a contract with University Health Care System – Occupational Health to provide Baseline Annual & Pre-Employment Medical Exams and authorize the Mayor to execute the contract. (Approved by Public Safety Committee January 30, 2018) 26. Motion to approve Sole Source Contract with ICON Software Incorporated for Contract to implement ICON CMS360 Case Management for Superior and Juvenile Court. (Approved by Public Safety Committee January 30, 2018) 27. Motion to authorize staff to draft amendments to the Augusta, Georgia Code at the direction of the Golf Cart Task Force and for the Task Force to bring recommended changes to the Commission for consideration. (Approved by Public Safety Committee January 30, 2018) 28. Motion to approve entering into a contract with Industrial/organization Solutions (I/O Solutions, Inc.) to provide professional services in developing and administering promotional assessments for the ranks in the Augusta Fire Department and authorize the Mayor to execute all necessary documents. (RFP 17-245) (Approved by Public Safety Committee January 30, 2018) FINANCE 29. Motion to approve changing Extension employee Winifred Garrett’s status from part- time to full-time. (Approved by Finance Committee January 30, 2018) ENGINEERING SERVICES 30. Motion to authorize condemnation to acquire title of a portion of property for permanent easement (Parcel 099-3-003-00-0) – 2601 Mike Padgett Highway. (Approved by Engineering Services Committee January 30, 2018) 31. Motion to approve the Award of RFP 17-246: Solid Waste Planning Services, Solid Waste Management Plan Update to Geosyntec Consultants. (Approved by Engineering Services Committee January 30, 2018) 32. Motion to approve having a comprehensive study with discussion among the Administrator or her designee as chairman, the Environmental Services Department, the Marshal’s Office, and Planning & Development Department regarding Litter Control Ordinance in association with the proposed increase of fees charged for Vacant Lot Cutting Services for 2018). (Approved by Engineering Services Committee January 30, 2018) 33. Motion to authorize condemnation to acquire property in fee simple interests (Parcel 087- 4-068-00-0) – 2053 Golden Rod Street. (Approved by Engineering Services Committee January 30, 2018) PETITIONS AND COMMUNICATIONS 34. Motion to approve the minutes of the regular meeting of The Augusta Commission held January 16, 2018 and Special Call meeting held January 30, 2018. Ms. Mayor Pro Tem: All right, Madam Clerk. We’ll start with number one please. The Clerk: Let’s carry this vote. Ms. Mayor Pro Tem: I’m sorry, yes, please vote. 11 Motion Passes 8-0. \[Items 3-7, 9-11, 13-18, 20-34\] The Clerk: I believe, Madam Mayor Pro Tem, Commissioner Guilfoyle and Williams will be absent from today’s meeting. Ms. Mayor Pro Tem: That’s correct, thank you. Okay, Item one please? The Clerk: PLANNING 1. SA-53 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Land Subdivision Regulations for Augusta Georgia by st amending Section 106 - Definitions & Section 405 – Flagpole Lots. 1 Reading. (Deferred from the January 16, 2018 Commission Meeting) 2. ZA-R-250 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia by amending Section 2 (Definitions), Section 7 (A-Agriculture) and Section 14 (R-MH- Manufactured Home Residential) by adding flagpole lots as permitted uses and to prohibit st flagpole lots in all other residential zoning classifications. 1 Reading (Deferred from the January 16, 2018 Commission Meeting) Ms. Mayor Pro Tem: Okay, Ms. Wilson? Mr. Sias: Madam Mayor Pro Tem, that was my pull. Ms. Mayor Pro Tem: Commissioner Sias. Mr. Sias: Thank you. Madam Mayor Pro Tem and colleagues, the last time we had these two items, Items 1 and 2 and we’re on one I requested that we bring those back to get and have a meeting with the Director of Planning and Development to talk about some changes that was, I felt was necessary. And from that meeting Ms. Wilson has made some changes but they were not able they were not presented early enough. So, the handout that the Clerk gave us I’d like for us to enter that into the record and have Ms. Wilson explain the changes. Ms. Mayor Pro Tem: Okay, Ms. Wilson? Ms. Wilson: Basically, the first change for ZA-250 because these are kind of companion documents --- Mr. Sias: We’re on SA-53 right now. Ms. Wilson: --- okay, I’m sorry. Okay SA-53 was the amendment. It basically better defined or further defined Flagpole Lots. Basically, it says Flagpole Lots are so named because of the long slender strips of land resembling flagpoles that extend from typically a rectangular main sections of these lots or the flag out of the public or private right-of-way. Each flagpole 12 typically provides legal access to a public or private road and the flagpoles generally share a common driveway inside of an egress and ingress easement for the means of access for each lot. So basically, we went to further define what a flagpole is and we did that in conjunction with working with the Engineering Department. In addition to that this it says that the flagpole lots under another section basically says flagpole lots are also named that. It repeats with regards to them typically being rectangular main sections of a lot. It says each flagpole typically provides legal access to a public or private road and the flagpoles generally share a common driveway inside of an ingress and egress easement for the means of access for each lot. So what happened is that we added this language to the subdivision regulations so that it was better defined. It makes reference to the easement which is the second component of this and is the one that’s defined with regards to what the access portion of that flagpole is like. So in the ordinance which is ZA-R-250 there is, which is the definition section the Flagpole Lot is further defined. It says, the flagpole lot shall mean a lot so named because of a long slender land resembling a flagpole that extends from public or private right-of-way up to typically the rectangular portion of a lot. These Flagpoles generally share the same common ingress and egress easement for the means to access the lot. We also went on to --- Mr. Sias: Ms. Wilson, would you go to Page 40 of the first one and go over that one, I think that’s crucial --- Ms. Wilson: --- okay --- Mr. Sias: --- that is Item I --- Ms. Wilson: --- okay that’s fine, okay. On Page 40 basically this is still within the definition section. We omitted which you got the strike through with regards to and added this. The new language states Flagpole Lots created after the effective date of this ordinance shall have ingress and egress by means of a public street or highway or private street per 405JI not less than 30 feet in width the Flagpole Lots. And then under that it says Flagpole Lots may only be allowed in agriculture or residential manufactured zoning of property. Mr. Sias: Ms. Wilson, these changes here particularly this one was really to ensure that we have proper access for public safety vehicles, am I correct? Ms. Wilson: The changes that are proposed were primarily made for that purpose and to ensure that if the way that some flagpoles are set up you could have the flag being side-by-side so that a lot of times people will come back to the city and ask us to take over the pole part of the flag. By doing this this allows the city to come in if they decide to and have enough right-of-way to do the road (unintelligible). And again, we just basically added to the subdivision section that no Flagpole Lots shall have a width of less than 30 feet at any point. Ms. Mayor Pro Tem: Commissioner Sias? Mr. Sias: Yes, ma’am. Madam Pro Tem, I think Ms. Wilson has kind of explained the gist of it to us and so with these two items if there’s no objection I’d like to treat them as companion items and move to approve --- 13 Mr. Frantom: Second. Mr. Sias: --- with the changes. Mr. Mayor Pro Tem: So Items 1 and 2. Mr. Sias: Yes, ma’am. Ms. Mayor Pro Tem: Okay, we have a motion and a second. Please vote. Mr. Sias: Thank you, Ms. Wilson. Ms. Wilson: Yes, sir. Motion Passes 8-0. Ms. Mayor Pro Tem: Item 8 please. The Clerk: Item number eight --- Ms. Mayor Pro Tem: Hold on one second, Ms. Bonner. Commissioner Hasan? Mr. Hasan: Yeah, I was going to have it pulled, I’m sorry. The Clerk: PUBLIC SERVICES 8. Motion to approve placing the Art Cart in the rear of the Public Defender’s Office at 902 Greene Street. (Approved by Public Services Committee January 30, 2018) Ms. Mayor Pro Tem: Commissioner Hasan. Mr. Hasan: Yes, ma’am thank you, thank you Madam Mayor Pro Tem. I have a couple of questions. Mr. Parker, will a plaque come with this and be posted against the building in any form or fashion to your knowledge or either on the cart? Mr. Parker: It has not been discussed at this point no, sir --- Mr. Hasan: Okay. Mr. Parker: --- we haven’t discussed it. Mr. Hasan: The second has the artwork been done? 14 Mr. Parker: I think it has, yes, sir. I think I saw something this week where they have finished wrapping the vehicle. Mr. Hasan: Okay, okay well the reason I asked about a plaque of sorts because we keep mentioning about the Public Defender’s Office and it’s actually it’s the William, Willie Mays Building. Mr. Parker: True. Mr. Hasan: You know and so definitely that’s where it should be represented there and not the Public Defender’s Office. That’s the building that is actually being behind. And the second thing is what I asked about the had the artwork been done because I think we’ve got several different high-profile Augustans on there. It just only makes sense that we’re at the Willie Mays Building that his name would be on his face will be on the cart as well. But if it’s done, you know, I mean I can see that but I would thought his name on the plaque if there’s going to be a plaque of some sort, I’m sure there’s going to be some sort of identification recognizing the body work of Textron doing what they’re doing and so that should happen at the Willie Mays Building as well as hoping if they have not finished the artwork that we consider what name, what face to remove. We’re definitely not going to take James Brown off of there because we’re on James Brown Boulevard you know. But those are my concerns. Mr. Parker: Let me talk with Ms. Durant. I’m sort of a liaison with them on the Public Arts Committee so let me get with Ms. Durant and see what we can do and get back to you. Mr. Hasan: Okay, thank you. Mr. Parker: Yes, sir. Mr. Hasan: So how do we approve this? If you know because those things are important if there’s going to be a plaque and what language is going to be on it because all throughout the body of work we got here it keeps referencing the Public Defender’s Office. Ms. Mayor Pro Tem: In the book I believe it looks like it’s been completed but I know we can get a definitive on that. I, you know, if we don’t want to approve, well if it’s done I think we’d have to approve it and made a motion for them to move forward. If it’s not done, then of course we can bring it back next week. Mr. Hasan: I can live, if the artwork is done, I will live with that but I think even if a plaque is done I think a plaque will be done appropriately. Ms. Mayor Pro Tem: I’m sure --- Mr. Parker: We can take care, if the artwork’s done we’ll make sure we include Mr. Mays on the plaque. Be glad to. Mr. Hasan: Okay, all right. 15 Ms. Mayor Pro Tem: --- and then if we, when we do have a plaque how about we bring that back before it’s made just to make sure that it’s representative of what you’re talking about. Mr. Hasan: Thank you, ma’am. Ms. Mayor Pro Tem: Would that be okay, Mr. Parker? Mr. Parker: Yes, ma’am. Mr. Hasan: Motion to approve. Mr. Frantom: Second. Ms. Mayor Pro Tem: Okay, we have a motion and a second. Commissioner Fennoy. Mr. Fennoy: Mr. Parker, will the golf cart be permanently located at that site? Mr. Parker: That’s their plan right now, yes, sir. Mr. Fennoy: That’s their plan. Mr. Parker: Yes, sir. Mr. Fennoy: And one of the questions that I asked during committee is whether it’s possible to put a pump if not on the cart or somewhere near the cart so when I ride by there with a flat tire I don’t have to take the cart out I can fill my air, with my tire with air. Mr. Parker: The one concern I think there would be is it’s sort of a fake golf cart so there’s probably not a battery at the golf cart which you would need unless you’re talking about a hand pump, I don’t think you are. If you’re talking about you know a real pump, then it would require somehow to charge the battery. Now I could talk to Textron because there is enough solar coming to this thing that they are going to have plug-ins to charge your phone, but I don’t know if it would charge a battery enough to power a --- Mr. Fennoy: I see. Mr. Parker: --- yeah for the pump. Mr. Fennoy: And the only reason I brought the pump up is I’ve been to cities where they have bicycle racks but also they have bicycle pumps, you know, right there with the racks. So if that’s something that can be done, I would like for us to go ahead and do it. Mr. Parker: All right, sir. 16 Ms. Mayor Pro Tem: But, Commissioner Fennoy, while your pumps are dead, you can charge your phone and talk on the phone and call Uber. Okay, we have a motion and a second. Please vote. Mr. Fennoy: Triple A. Ms. Mayor Pro Tem: Tripe A, that’s right. Motion Passes 8-0. The Clerk: Item number 12, Madam Mayor? Ms. Mayor Pro Tem: Please. PUBLIC SERVICES 12. Motion to approve the Host agreement for the Diamond Lake Campgrounds. (Approved by Public Services Committee January 30, 2018) Ms. Mayor Pro Tem: Was this your pull, Commissioner Sias? Mr. Fennoy: It was my pull. Ms. Mayor Pro Tem: Sorry. Commissioner Hasan. Mr. Sias: I was about to say him but I have some questions and, well, it was on my list. He beat me to it. Ms. Mayor Pro Tem: Commissioner Hasan. Mr. Hasan: Yes, thank you, Madam Mayor Pro Tem. Mr. Parker, talk to me for a moment about what is the Host agreement and is the Host, go to the Host agreement first go ahead. Mr. Parker: At Diamond Lakes we will have a campsite just as you come into the campgrounds. It’ll be immediately on the left. We have a part-time employee currently on board and she will be the Campground Host. Her trailer will be at that site. She will be responsible for opening and closing gates, checking the restroom, making sure there’s toilet paper, handling any issues that come up with the campers, basically just like you would go to any state park or whatever and you see the Host of the site. This is what is typical in campgrounds of this nature when they’re smaller like this. You just allow someone to live on site and in turn they do things for you, for us. Mr. Hasan: Okay, so are we also into a contractual agreement for someone? Is there going to be a fee for those campers when we have any events or are there not going to be any fees associated with that? Mr. Parker: Yes, sir, there’s a fee to rent the to rent your space. 17 Mr. Hasan: Okay, and so this person will be responsible for that as well? Mr. Parker: No, sir, you can go to, I know you’re going to ask this today. We’re on an American website that you go onto the website and you book at Diamond Lakes, you book Campsite 12 for certain nights. You can pay by credit card or then you can pay when you get there. We’re hoping to take that at the front desk at Diamond Lakes so this person does not have to handle money. Mr. Hasan: Okay, okay all right, thank you. Ms. Mayor Pro Tem: Commissioner Sias. Mr. Sias: Thank you, ma’am, Mayor Pro Tem. Mr. Parker, I’m a little concerned about another live-in Host. Now at Lock and Dam did we ever finish that or do we still have a person living out there? Mr. Parker: No, sir. Mr. Sias: Okay then we also one in Pendleton King Park --- Mr. Parker: That’s the only one we have. Mr. Sias: --- it’s the only one we have. At one point we had another one at Diamonds Lakes, didn’t we, up by the tennis court? Mr. Parker: Correct. Mr. Sias: Okay, so we’ve gotten into a lot of these kind of agreements and I’m just a little concerned that, I’m not sure if that’s the easiest way or the best way. Tell me why you feel like this is a good agreement for this person but let me say this first. Will that person only be affiliated with the campgrounds versus the other gates that come into the park? Mr. Parker: Trying to get your question --- Mr. Sias: In other words, the gates, are you talking a gate to the campground only or the gates to the park itself? Mr. Parker: --- it’ll be both and this person will be responsible for locking both. There is a gate that gets you into the campground and in our rules it states that you have to be in the campground, I think it’s 11:00 o’clock. You have to be in the campground by 11:00 o’clock or gates close. Mr. Sias: 11:00 p.m. right? 18 Mr. Parker: Yes, sir, and then she would also be responsible for locking the front and the back gate of the park because I know you’ve had some, we’ve had some discussions about people in the park late at night. We hope this will continue to eliminate that problem. Mr. Sias: Well tell me why you think it’s really been beneficial for us to really go into another Host agreement? Like I say I’m really concerned about those because sometimes we get them out there and we can’t seem to get them out. And the one at Lock and Dam was a perfect example with a poor maintained area and the whole nine yards. So, tell me why you think this one is going to work? Mr. Parker: I think this is expected by the campers that are coming in. They look for someone to be there at night if they have an issue. Without this we can’t lock the gate because if they have an emergency during the night and they have to get out, our person needs to be there to allow them access to get out of the campsite. We understand too that you know this person’s not going to be 24/7 there. We’ll have to make some arrangements so if they’re on vacation or those kinds of things we make arrangements with the campers that are there to allow them those accesses. It also provides a level of security to the campers that are there and again I think primarily it’s just, it’s an expectation of campgrounds around the world, around the country. Mr. Sias: Okay, so after we add up the electrical, water, power and cellphone service and all that and the payment to the person which I saw here, approximately what will we be paying this employee in its totality? Mr. Parker: Well, the person is a part-time employee but they’re getting, the only thing they’re getting from us they’re getting rent free if you will we’re not paying them for their off hours that’s why they’re getting rent free at the site, onsite. Mr. Sias: Now you say it will cover, it will compensate them for 25 hours per week in your agreement. Mr. Parker: That’s correct, that’s a part-time employee. Mr. Sias: Okay that’s, so they’re all getting paid in that respect. I’m not sure about that, Mr. Parker, but move to approve. Mr. Frantom: Second. Ms. Mayor Pro Tem: Okay, we have a motion and a second. Commissioner Fennoy. Mr. Fennoy: Yes Mr. Parker, and I agree that we need somebody out there at all times but the only problem I have is the person’s work hours. I know we’re saying part-time but that person will be available 24/7, I mean just about every day? Mr. Parker: They would essentially be on-call 24/7, yes, sir. 19 Mr. Fennoy: Okay and I guess as far as fair labor is concerned, it’s been approved? I know that we have firemen that will go to work in the morning and they’ll be there 24 hours and we have got to somehow pay them. I just don’t want that to be an issue, yeah, with the person at Diamond Lakes. Mr. Parker: I think our rationale behind this is that’s why this person is working and being on call in lieu of paying for a spot there to basically live. That’s where they keep their trailer, we’re not providing the trailer. They have to bring that to the site so they’re providing that and they’re basically living there and that’s the tradeoff if you will. Mr. Fennoy: I just want to be fair to the person that’s working there because I could see somebody knocking on their door at 6:00 o’clock in the morning, I could see somebody knocking on their door at 11:00 o’clock at night. That’s my only concern. Mr. Parker: Okay, I understand. Mr. Hasan: Madam Chair, could I add one more question please? Ms. Mayor Pro Tem: Commissioner Hasan. Mr. Hasan: Thank you, ma’am. Mr. Parker, I’ll be frank with you. I read this you know in haste and in doing that I kind of misunderstood it but I’m still a little bit more confused now when I read Item number 11 it says Security/Pet Deposit. It says Augusta, Georgia may require a security of for the lease/park/Host premises located at Diamond Lakes Regional Park. In addition the lessee may require the lease to pay a pet damage deposit. So I’m trying to figure out and that’s why I was originally looking at this as though we’re entering into a contractual agreement with this person and they’re only a part-time employee so we’re paying them, so are we in a two-fold relationship here? Mr. Parker: In a sense yes. They are a part-time employee of ours but we were asked by Legal to bring this to you, this agreement to you just to make sure you understood that while they’re a part-time employee we’re requiring certain things of them in their off hours that they’re required to do to be in this position to be able to live on site. Mr. Hasan: Do we have the same type of arrangement with the person that’s at Pendleton King Park? Do we have a contract with them as well? Mr. Parker: I don’t, that person’s been there long before me. I don’t think so that one was predicated by the will that we have a person on site there. Mr. Hasan: Okay. Mr. Parker: I do know the person at Pendleton King though locks the gates late at night and opens them early in the morning after hours that they’re off work. Mr. Hasan: And what is the name of the campsite? 20 Mr. Parker: Diamond Lakes Regional Park Campsite. Mr. Hasan: Okay and so what did we name Robert Howard out there? Mr. Parker: Just the recreation center itself. The entire park is still Diamond Lakes. Mr. Hasan: Okay, okay all right, that’s an interesting relationship but okay. Ms. Parker: Okay, we have a motion and a second. Please vote. Mr. Sias: I’m going to hold my hand and vote for this one. Mr. Parker: Thank you, Mr. Parker. Mr. Sias: I don’t like this one, Mr. MacKenzie. I’m going to blame you if it goes wrong. Motion Passes 8-0. The Clerk: PUBLIC SERVICES 19. Motion to approve a request from Ms. Tonya Bonitatibus/Savannah Riverkeeper for $10,000 plus travel expenses to hire McClaughlin Consulting to work toward putting a Whitewater Center at the Lock & Dam Park with funding to come from the Administrator’s and/or Recreation and Parks budget. (Approved by Public Services Committee January 30, 2018) Ms. Mayor Pro Tem: Commissioner Sias. Mr. Sias: Thank you, Madam Pro Tem. First off, I want to say I’m not opposed to this issue not at all. However, I think we’re moving just a little bit fast on it and I think there’s some questions that we need to get answered first, Ms. Tonya. And so don’t get the impression that we are throwing the baby out with the bathwater here. We have some awesome responsibilities up here behind this dais and I just took one that I ain’t that crazy about. And so, I’m definitely not going to step into another one I know I’m not crazy about at the moment of this situation. So basically, what I’m asking this body to do is to delay this until we get some answers on some exact things. One, being the nature of the request that this city with conjunction with a couple of other cities have sent in and/or if that decision has been made and the Corp is ready to roll on what they’re going do. And, thirdly, then we make sure we have some kind of consent or knowledge from the Corp that we are working on this. So, that is the position that I have at the moment and it’s not to knock this project, it’s not to say it’s bad, it’s just to say that I think we’re moving a bit fast on it. That don’t mean we can’t speed up later, but I think there’s still too many unanswered questions. I just want to simply delay this until we get some answers and that will probably be if I had my choice I would say probably 60 days until we get some answers. So, thank you Madam Pro Tem. 21 Ms. Mayor Pro Tem: Commissioner Sias, I’m going to follow up with that too because I agree with you. And, Tonya, I do want you to realize none of us are up here to try to derail any project that you brought to us. We all want the river in Augusta to be successful. I’ve talked to, I think at our committee last week we just didn’t, we weren’t, we didn’t have all the information in front of us from different efforts that are still ongoing concerning the Lock & Dam and so we wanted out of respect for those efforts to be able to make sure we have all the same information. And so I’ve talked to a lot of different people this week. I’ve talked to the Administrator and the Mayor to see how best we can get everybody not to the table but maybe in the Chamber and really just have either a workshop because I think it’s such a big, as you know there’s so many moving parts with this and it’s a complicated thing that’s going on state and federal being involved. So, I kind of think and I don’t know if the Commission wants to move like in that fashion but a workshop might be the best if we can give it time to get everyone here. You as a representative the Corp, the Congress, you know, whoever else is involved. Tom Robertson I know’s been involved so anybody who really wants to come and bring their pieces of information so yeah, please don’t take this as a, you know, just trying to derail the project. We just want to make sure we’re all playing from the same field. Commissioner Fennoy. Mr. Fennoy: Tonya, is there a timeline associated with your request? I mean is there a sense of urgency or when it comes to this particular issue and what your request is? Ms. Bonitatibus: There is. So a couple of things. The NOA Fish and Wildlife Service came out a month and a half ago and stated, already gave an 8-month extension to the Corp of Engineers to be able to move forward with the Savannah Harbor Deepening. Because of this legislation change the one that their folks are trying to repeal that resulted in an 8-month extension in the timetable being able to deepen the harbor. So that’s fine. We can have this meeting but I can promise you that you’re not going to stop the Savannah Harbor Deepening and that law change that you’re referring to would actually do that. It would put the Savannah Harbor Deepening back about a year because they would have to start over again. So I’m not opposed to having a conversation about it but that is the reality. I apologize if some don’t want to face that but that is the reality. The other is there’s very much timeframe. By August/September/October that’s when the Corp of Engineers is going to come out with their plan and that plan is going to be an in-river solution because that’s what federal law dictates, right? We have a choice. We’re going to have to at that point in time either decide we’re going to keep the locks and fight for them or there’s going to be a rock dam that goes in the river upstream. One of those two solutions is moving forward. So my hope is, and the other thing that I want to say specifically about the locks in this proposal is it actually really has nothing to do with the dam itself. It doesn’t mean it couldn’t be a concrete dam and have a whitewater course on the locks. The most important thing to keep in mind is these locks have been closed since 2012 because there is a 70-foot probably more than that because in 2012 it was a 60-foot hole at the south side of the dam. It’s like a diamond on the locks. The lock walls are shaking so we are in imminent failure status so if we don’t come up with a real reason to fix those locks, I’m afraid we’re going to lose them. So I would just urge the Commission to realize that, one, I do I hope some of the documents that I handed out these are both from the Corp. One is the future of the New Savannah Bluff Lock & Dam where they’re explaining why and what’s happening. The fact is that we’re actually really lucky that $36 million-dollars showed up and that we are able to use that to stabilize our dam because what was about to happen is $36 22 million-dollars was going to be spent to route the entire river onto the South Carolina side away from South Augusta and the park and we would’ve never controlled those gates again. So that’s also just a big misnomer. Those gates were dead, they were going to be dead. That was decided in the 90’s. And then the other is the misconceptions the Fish Passage that is, also the Corp of Engineers put out and I’ll be honest with you. Those were complete rebuttal to Tom Robertson’s statements so I would, I just encourage you guys to move forward I mean when and if you can because we’re going to miss the boat. We’re going to if we keep delaying this. Mr. Fennoy: Just to follow up one of my colleagues suggested within 60 days to have something is that? Ms. Bonitatibus: So if you wait 60 days before you hire a company to come in and begin working with Richmond County, I also want to be very clear. This is not $10,000 dollars that would come to Riverkeeper. This is for the City of Augusta to actually hire directly with this consulting firm. If you wait that long and hope that he can make it in I hope that by August or September I mean that’s, you’re cutting it really close, you’re cutting it really close. I mean it’s, that may seem like a long ways away but and again it actually this doesn’t matter. It could be a concrete dam and you could still have a whitewater course in the locks or it could be a rock dam and you can have a whitewater course in the locks. It’s all about trying to save the locks. I don’t know if I answered your questions. The answer is we’ve got to hurry up. Mr. Fennoy: You know, Madam Pro Tem, one of the one of things that I pride the City of Augusta on is the fact that we have very competent people that brings us good information, that have done their research and are experts in their discipline. So is there a motion on the floor? The Clerk: No, sir. Ms. Mayor Pro Tem: Not yet. Mr. Fennoy: Then I would like to make a motion that we go ahead and move forward with this. Ms. Mayor Pro Tem: Okay, Commissioner Sias. Mr. Sias: Thank you, Madam Pro Tem. Ms. Tonya, I’ve got a question for you. Ms. Bonitatibus: Yes, sir. Mr. Sias: In establishing a whitewater course just help me out with this because I’m not clear on this. Are we talking about doing a whitewater through the locks or over the weir? Ms. Bonitatibus: Just the locks, just through the locks. So this is about trying to come up a use for the locks because the fact is that the federal government’s not going to pay to fix those because the river itself has been deauthorized not just the dam between Augusta and Savannah. So that was a transportation lock system so by retrofitting that into a whitewater center it makes sense to actually fix it because it’s not being fixed we’re just twelve to twenty big bucks. 23 Mr. Sias: So let me say this then ask you this if you do, if the government, if the Corp does a rock weir, will the fish passage be on the side through the locks or will it be on the opposite side? Ms. Bonitatibus: It’ll be where the concrete structure is right now, the dam, so it’ll be on the other side. It will not be in the locks. Mr. Sias: So then one further question. In this analysis for the whitewater issue then if we for lack of a better word take responsibility for the locks to do a whitewater course and are we now the City of Augusta assuming full liability for that entire lock structure? Ms. Bonitatibus: So you decided that in the 90’s. So the City of Augusta and North Augusta when they passed the law in the 90’s stated that they would take ownership of the dam and the lock structure when it was fixed. Richmond County Parks and Rec --- Mr. Sias: Wait. If it was fixed? Ms. Bonitatibus: No, Richmond County Parks and Rec has been maintaining that locks system since that day so when the ownership transfers for the park which you guys will be getting I guess in the next couple of months because I think that conversation’s already begun. But when that transfer happens if the locks are going to be fixed, my understanding from the Corp is they’re going to be yours anyways. So whether you have the locks or not that is not a federal project anymore so if they stay, they will have to be kept up by the city. Mr. Sias: So you’re saying then that the Corp’s point is to remove the dam and leave, just say we didn’t request anything --- Ms. Bonitatibus: Yup --- Mr. Sias: --- so are you saying then that the Corp’s position is to take out the dam and leave the locks to us? Ms. Bonitatibus: --- the Corp’s position is that it would be easier just to go up river put rocks all the way across and get rid of the whole thing and that’s what I’m trying to do is not make it so that the park itself has lost everything and I really think that park deserves a revitalization. I think the overwhelming desire of Augusta’s citizens is to maintain those locks and that was really about, this was about trying to come up with a solution to make sure that we could. Mr. Sias: Okay, so I’m a little clearer now. Ms. Bonitatibus: Yeah. Mr. Sias: So this whitewater plan also includes a saving the lock plan, repairing the lock and all of that. Ms. Bonitatibus: That’s what it’s all about. 24 Mr. Sias: That’s a mouthful. Ms. Bonitatibus: I know. Mr. Sias: Now see this is stuff I didn’t I wasn’t quite clear on. I’m glad we decided to wait a little bit to have this conversation because we, Madam Pro Tem, I’m even more convinced now that we need to really take a moment and see this through because we’re talking, we talking for lack of a better term a bit of money now. Ms. Mayor Pro Tem: Well and again this is great information and like I said there are other individuals that want to sit down and make sure we have all the information and that’s all I’m asking. And maybe 60 days we can do it before I don’t know, Madam Administrator, to try to get the appropriate parties at least invited and give them enough time to try to make it here and be at a like I said a workshop I don’t, this is too much for just committee. So just be thinking on that for a second. Ms. Jackson: Thirty to 45 days we could probably have something. Ms. Mayor Pro Tem: Okay, I know that there it seems like everybody’s ready to sit down because there’s been a lot of different information recently. Commissioner Hasan. Mr. Hasan: Thank you, Madam Mayor Pro Tem. Ms. Tonya, all the information you just shared how do we go about getting our hands on that in terms of them building this brick wall across there cutting off the water and things like that. Is that language there with the decision that the Corp has already made or does that come from a professional trainer I understand that’s what’s happening? Ms. Bonitatibus: So the federal law states that there must be an in-river solution. So in the Werder Bill and I can email you guys that language. I think I’ve sent it to some of you so it states that there must be an in-river solution. Following up on that because of the Savannah Harbor Deepening and other issues they had to start biological consultation again. They’re killing too many fish basically. So they had to go back to Fish and Wildlife. Fish and Wildlife said this is how you’re going to fix it and a big component of that was New Savannah Bluff Lock & Dam. So Fish and Wildlife gave the Corp an 8-month extension so that’s it. You have to break ground by January 2021 I think it is on this structure and because of that you can begin inner harbor dredging 8-months ahead of starting this. And that’s why I’m saying that that law’s not going to get changed again because they’re not going to change that again but I will happily send that information to you. Mr. Hasan: Okay, can you highlight some of the points some of the questions that were asked by you --- Ms. Bonitatibus: Yes --- Mr. Hasan: --- like Commissioner Sias and send it to everybody so we can look at that. 25 Ms. Bonitatibus: --- absolutely. Mr. Hasan: Also do you, when did the Corp make the decision that you’re sharing with us today? When was that decision made? Ms. Bonitatibus: So the Corp of Engineers originally came out with their Environmental Impact Statement in 2015. That was the plan the routed the whole river around the Lock & Dam. In 2016 we started working on the federal legislation change. That was not just Riverkeeper. It was Georgia Ports Authority and your Augusta Consortium that works on the Lock & Dam. Started working on that language change the language in the federal law passed at the end of 2016 that changed the way the Corp had to work their Environmental Impact Statement. So they then came back and now they’re in the process, they’ve come and talked to the City of Augusta the different industries and they’re trying to come up with the different plans right now which is what’s happening in October. So by October/August they’re going to come back and they’re saying all right these are our different alternatives of getting this rock, basically the fish around the Lock & Dam and we have, well the public will have the opportunity for public comment they’ll decide they’ll start making the contracts and run with it. Mr. Hasan: So in saying that you’re saying they made a preliminary position taking a preliminary position on this? Ms. Bonitatibus: So the law dictates an in-river solution so that means that they are now trying to figure out what that means because before they didn’t have that in-river solution. The original federal language actually protected the Lock & Dam not the pool itself. When we shifted that language we protected the pool which is very important so that is federally protected for the very first time. It was not protected before and when we did that that allowed the combination of the projects which is why we did that. th Mr. Hasan: So when we sent out a letter here this body around June the 6, 2017 you’re saying in essence what you’re sharing now the Corp had already came to that conclusion what they was going to do so we was just trying to turn back the tide at that point? Ms. Bonitatibus: So that, so that comment was a month after the comment period ended so I would say that one it was a month too late but two yes, is the answer to that. Actually if you read that letter carefully actually what the City of Augusta is saying is it would be nice if we would fix the Lock & Dam. We realize that’s going to be really difficult so we would rather if anything you fix the locks which is exactly what I’m saying now. So I think there are those within the city that are well aware of exactly what’s going on and realize that we’re butting up against the harbor. Mr. Hasan: Thank you, ma’am. Ms. Mayor Pro Tem: Commissioner Sias. Mr. Sias: Thank you, Madam Mayor Pro Tem. I make a motion that we refer this back not to a 60 days to get the full information to include a workshop and also to bring Ms. Tonya to 26 give us all this great information, so let me just shorten it up. I move that we refer this item not to exceed 60 days to include a workshop. Mr. Hasan: I second that. Ms. Mayor Pro Tem: And we’re asking the Administrator to work on bringing the appropriate people to the meeting, to the workshop, is that okay, Madam Administrator? Ms. Jackson: Yes. Mr. Hasan: I have one more question. Ms. Mayor Pro Tem: Commissioner Hasan. Mr. Hasan: Can I ask one more question please, ma’am? Ms. Mayor Pro Tem: Uh-hmm. Mr. Hasan: Thank you, ma’am. Ms. Tonya, you mentioned much earlier about the different entities that was meeting with the Corp around this conversation was, and I’m not saying it was necessary what I’m asking based on your knowledge base here. Was is it important or did it need to be Augusta was at the table per se? Ms. Bonitatibus: So Augusta kind of was at the table. Mr. Hasan: With who? Ms. Bonitatibus: The Augusta, the Consortium has been working on the Lock & Dam trying to fix it since the 90’s, absolutely has a representation from the city. And that those folks were in constant contact with the elected officials. And in fact I think you would find that that consortium was actually pretty excited about it. Mr. Hasan: Say that again, I’m sorry. Ms. Bonitatibus: I think that you would find that the consortium which are the industries and the municipalities, your water users, were actually excited because the fact is this Lock & Dam is falling down and there was $36 million-dollars about to be spent routing the river around this failing structure and instead we figured out a way to use that money to stabilize the pool. And that’s probably the most frustrating part about this is you guys the pool is actually protected for the very first time and we have the opportunity to use federal money and my hope is that the city doesn’t harm that effort. Mr. Hasan: So, Ms. Tonya, let me ask the question again in a different way and I’ll move on and I’ll be through with it. So, in through all of this in sitting down with the Corp you and whoever was with you is to be commended for that but my question was was Augusta being, was the government and obviously this conversation started before many of us were here, were they 27 being kept abreast of what was transpiring around it because the reason I asked that question because I can remember early on we came on board here in ’15 Commissioner Sias and I early on we attended a meeting over in North Augusta with some of the businesses out of Columbia Nitrogen Road down there. We was over there with Mayor Lark Jones and what have you there and we heard what some of their concerns were. They were talking about some of the money that they were spending to try to keep everything afloat per se not knowing what the Corp was going to do at that particular time. So was Augusta as a government being kept informed to any degree to your knowledge? Ms. Bonitatibus: So I was not having any conversations with elected officials within the city. In fact, throughout this entire thing when I was working in DC I only represented working for Riverkeeper and I was with Georgia Ports Authority. However, I know for a fact that those elected officials came back and met with Chamber of Commerce and the Consortium multiple times of which the City of Augusta is a representative and they tweaked that language even further. So you have to keep in mind the person who put this forward was Isaacson so I don’t think there was any person sitting at this body that was regularly updated, no, but I do think that those that represent the city on the matters were. Mr. Hasan: Thank you, ma’am. Thank you, Madam Pro Tem. Ms. Mayor Pro Tem: Okay. Mr. Sias: I guess she’s seen our point. Ms. Mayor Pro Tem: Thank you Tonya --- Ms. Bonitatibus: Thank you. Ms. Mayor Pro Tem: --- and we have a motion and a second. Please vote. Motion Passes 8-0. Ms. Mayor Pro Tem: Madam Clerk, are we --- The Clerk: Item 35, ma’am? Ms. Mayor Pro Tem: --- yes. The Clerk: PLANNING 35. Z-18-07 – A request to amend Ordinance #7597 by adding an additional condition below to a petition by David Harden requesting a change of zoning from Zone R-2 (Two-family Residential) and Zone R-1E (One-family Residential) to Zone B-2 (General Business) to establish a plant nursery affecting property containing approximately 2.96 acres and located at 1813 Kissingbower Road. Tax Map 057-3-137-02-0 and part of 057-3-139-01-0 DISTRICT 28 2 1. The only approved use of the property shall be a plant nursery. Any change of use will require reevaluation by the Planning Commission. 2. The site must be substantially conform to the concept plan submitted with this application dated 12-14-17. 3. Issuance of development permits shall be contingent upon submission of plans meeting engineering, environmental, and all other pertinent development regulations. 4. If development does not commence within 24 months or if the use ceases to exist for a 6-month period the B-2 zoning shall revert to the current R-2 and R-1E zoning. Ms. Mayor Pro Tem: Commissioner Sias. Mr. Sias: Thank you, Madam Mayor Pro Tem. Can we hear from Ms. Wilson on this issue? Ms. Mayor Pro Tem: Yes. Ms. Wilson: Hi. At the last meeting when this item was voted on, a condition was left off that was offered by the applicant Mr. Harden and Mr. Harden is here today. That condition was as follows: If development does not commence within 24 months or if the use ceases to exist for 6 months then the B-2 zoning will revert back to the R-2 and R-1E zoning --- Mr. Sias: Madam Mayor Pro Tem? Ms. Mayor Pro Tem: Yes. Ms. Wilson: --- the other conditions would stay. Mr. Sias: Ms. Wilson, do you have a copy of that condition to provide to the Clerk? The Clerk: It’ll be within in the ordinance --- Ms. Wilson: It’s part of the ordinance that was sent over. The Clerk: --- the change will be a part of this new ordinance. Mr. Sias: Move to approve with the condition included. Mr. D. Williams: Second. Mr. Hasan: I have one question. Ms. Mayor Pro Tem: Commissioner Hasan. Mr. Hasan: Thank you, ma’am. Ms. Wilson --- Ms. Wilson: Yes, sir. 29 Mr. Hasan: --- in terms of the request and the new criteria that you all agreed upon thus far when you have, I don’t think, would this be considered a Special Exception or not really. Ms. Wilson: No, what happened was if you recall there was a lot of back and forth with regards to this use. It’s located in an area and actually surrounds a single-family house that was not part of this zoning request. The applicant reached out to the church and to some others in the community but there was still this concern that he had at least developed a rapport but if something happened to him or if it got sold, you might not have that same condition. So in order to at least make sure that they would come back to this board and there would be public notice, the applicant agreed to basically put in a reversion clause which states that, you know, again he’s going to move forward so it’s not zoning that’s just sitting there to have this done hopefully within 24 months. And that the use itself ceases to exist that it would revert back. It doesn’t mean that he can’t sell it to someone else who’s going to have the exact same use but if it’s just sitting there it’ll revert back to the underlying zoning that was in place at the time of the rezoning request. Mr. Hasan: Okay, but I was thinking there may be some differences that I mentioned there, missing there and that is I was thinking whenever you get into something like that when you’re making a, I will say for lack of a better term Special Exception that it’s always in that clause that you just addressed and I thought that would be standard. Ms. Wilson: No, it’s not actually. It is done --- Mr. Hasan: On a case by case basis? Mr. Wilson: --- on a case by case basis. Mr. Hasan: Okay thank you, thank you. Ms. Mayor Pro Tem: We have a motion and a second. Please vote. Motion Passes 8-0. The Clerk: ADMINISTRATIVE SERVICES 36. Approve a remedy/solution regarding pay differentials between staff attorneys assigned to certain city departments. (No recommendation from Administrative Services Committee January 30, 2018) Ms. Mayor Pro Tem: Commissioner Sias and then Commissioner Jefferson. Mr. Sias: Thank you, Madam Mayor Pro Tem. I move that we delete this item today and this item be further discussed in executive session. Mr. Jefferson: Second. 30 Ms. Mayor Pro Tem: Okay, Commissioner Jefferson. Mr. Jefferson: Well, he pretty much took the words out of my mouth --- Ms. Mayor Pro Tem: Okay. Mr. Jefferson: --- because of personnel I decided to (unintelligible). Ms. Davis: Thank you. Okay, we have a motion and a second. Please vote. Motion Passes 8-0. Ms. Mayor Pro Tem: Next item, please. The Clerk: ENGINEERING SERVICES 37. Approve renaming the John C. Calhoun Expressway – Trump-Calhoun Expressway. (No recommendation by Engineering Services Committee January 30, 2018) Ms. Mayor Pro Tem: Anybody? Any questions or any motions? Commissioner Fennoy. Mr. Fennoy: Madam Clerk, I mean Madam Pro Tem, during the Christmas holidays I had an opportunity to drive up to Baltimore, Maryland to visit my siblings and spend the Christmas holiday with them. And when I got in the state of North Carolina I saw a big rebel flag on 95 and when I got to the State of Virginia I saw the same thing. To me that says something about that particular county that flew that rebel flag. The John C. Calhoun giving that person honor and respect to me it says the same thing. The John C. Calhoun is a major gateway to the City of Augusta and I think that when we have our Red Carpet Tour, people ride down that highway they want to ask the question why are we honoring somebody with the past that he has. I think that it’s time that we do something about this. Most recently I had an opportunity to head down to Jacksonville, Florida and on my to Jacksonville I passed through Burke County and Burke County had a Veterans Highway. When I got in Statesboro, Statesboro had a Veterans Memorial Highway and when I got to the City of Jacksonville the City of Jacksonville also honored the veterans by naming an expressway after them. My main purpose for having this item on the agenda is to take John C. Calhoun’s name off of the expressway. I will probably make a substitute motion to send a resolution to our delegation requesting a name change. The Commissioners themselves does not have the authority to rename a state highway so my motion would be to send a resolution to our delegation requesting that the name of the John C. Calhoun Expressway be named the Veterans Expressway. Mr. Hasan: Second. Ms. Mayor Pro Tem: Okay, we have a motion and a second. Are we ready to vote? Please vote. I pressed the wrong button, Madam Clerk. I was looking down at Grady. 31 The Clerk: Do you need to reset? Ms. Mayor Pro Tem: I do, sorry I couldn’t tell if Grady was raising his hand or he wanted or he was voting, sorry. I apologize I was looking down. I thought he wanted to speak. Mr. Smith: Well, I did but not (inaudible). Ms. Mayor Pro Tem: I’m sorry I couldn’t tell what you were doing. I’m sorry, Madam Clerk. We have a motion and a second. Please vote. Mr. Fennoy, Mr. D. Williams and Mr. Hasan vote Yes. Ms. Davis, Mr. Jefferson, Mr. Frantom and Mr. G. Smith vote No. Mr. Sias abstains. Mr. Guilfoyle and Mr. M. Williams out. Motion Fails 3-4-1. Ms. Mayor Pro Tem: Okay, Madam Clerk, any other business? The Clerk: No, ma’am, that’s it. Ms. Mayor Pro Tem: Okay and just a reminder y’all tomorrow there is the luncheon for the CVB and also the reception for Barry White tomorrow afternoon. Thank you, Commission. \[MEETING ADJOURNED\] 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 February 6, 2018. ____________________________ Clerk of Commission 32