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HomeMy WebLinkAboutCalled Commission Meeting July 10, 2018 CALLED MEETING COMMISSION CHAMBER July 10, 2018 Augusta Richmond County Commission convened at 11:00 a. m., Tuesday, July 10, 2018, the Honorable 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: All right, good morning, everybody. We’re going to call this meeting to order. The Chair recognizes Attorney MacKenzie. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. MacKenzie: I would entertain a motion to go into an executive session to discuss pending and potential litigation and real estate. Mr. D. Williams: So move. Mr. Jefferson: Second. Mr. Mayor: Voting. I’ve got some personnel matters that we’ll talk about. Mr. MacKenzie: And personnel as well. Mr. Fennoy and Mr. Guilfoyle out. Motion carries 8-0. \[LEGAL MEETING\] Mr. Mayor: All right, we’ll call this meeting back to order. The Chair recognizes Attorney MacKenzie. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. MacKenzie: I would entertain a motion to execute the closed meeting affidavit. Mr. M. Williams: So move. Mr. D. Williams: Second. Mr. Mayor: Voting. 1 Motion carries 10-0. Mr. Mayor: All right, the Chair recognizes Attorney MacKenzie for a motion. Mr. MacKenzie: I would entertain a motion to approve a resolution authorizing the settlement of all claims with Vicky Wallace in the aggregate amount of $105,765 to resolve a Workers Comp case and to authorize the Administrator to distribute this amount. Mr. Hasan: So move. Mr. Fennoy: Second. Mr. Mayor: A motion and a second. Voting. Mr. D. Williams votes No. Motion carries 9-1. Mr. Mayor: The Chair recognizes the Mayor Pro Tem for a motion. Ms. Davis: I’d like to make a motion to approve the sale of the drug forfeiture property located at 3751 Bansbury Place in the amount of $149,000 and to authorize the Mayor to execute appropriate closing documents. Mr. Fennoy: Second. Mr. Mayor: A motion and a second. Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes the Mayor Pro Tem for a motion. The Chair st recognizes the commissioner from the 1 for a motion. Mr. Fennoy: Mr. Mayor, I’d like to make a motion to approve renovation service agreement for the Municipal Golf Course with the Warrior Alliance Inc. Mr. Sias: Second. Mr. Mayor: A motion and a second. Voting. Motion carries 10-0. Mr. Mayor: All right. Attorney MacKenzie, recognize for a motion. Mr. MacKenzie: Is this the motion for the Depot? 2 Mr. Mayor: Yes, it is. Mr. MacKenzie: I think the Administrator has the language. Ms. Jackson: Approve the authorizing Resolution as recommended by the General Counsel on July 10, 2018 with the attached Intergovernmental Downtown Development Contract and pending the incorporation of the Administrator’s recommendations relative to the eleven items of concern as listed in the attached document. Mr. Mayor: Would you restate that please? Ms. Jackson: Approve the authorizing Resolution as recommended by the General Counsel on July10, 2018 with the attached Intergovernmental Downtown Contract and incorporation of the Administrator’s recommendations relative to the eleven items of concern as listed in the attached document. Mr. Fennoy: So move. Ms. Jackson: And that attached document would be the one I handed out. Mr. Jefferson: Second. Mr. Mayor: We’ve got a motion and a second. The Clerk: Who? Who seconded? Mr. Jefferson: I second. The Clerk: You made the motion. Thank you. th Mr. Mayor: The commissioner from the 5. Mr. M. Williams: (inaudible), Mr. Mayor. Mr. Mayor: All right. State your inquiry. Mr. M. Williams: Yes, sir. Ms. Jackson, can you explain just to me that motion includes one or both structures being built? Is that in there? How is that – Ms. Jackson: Yes. The Administrator’s recommendations in the eleven-item document that I referenced recommendation one is that the entire project be constructed as a single-phase development. th Mr. Mayor: Okay. The Chair recognizes the commissioner from the 7. Mr. Frantom: Thank you, Mr. Mayor. I’d like to make a substitute motion -- 3 Mr. Sias: Mr. Mayor, excuse me. Mr. Frantom: -- for the resolution approved by Mr. Earl Taylor. th Mr. Mayor: Hold on, everybody suspend. All right, commissioner from the 4, I recognized him for an inquiry and I think what your posture is you were going to make a substitute motion under the premise that what Administrator Jackson just articulated was not included. Now your substitute as you said you wanted it to be constructed in a single phase. That is included in this document that she just referenced. Mr. Sias: I fully understand that. But I wanted to be recognized though. Mr. Mayor: Okay, before or after the commissioner? Mr. Sias: Before. I was before, the nine too. th Mr. Mayor: Okay, very good. All right, so does the commissioner from the 7 yield? Mr. Frantom: Yield. th Mr. Mayor: All right, the Chair recognizes the commissioner from the 4. Mr. Sias: Thank you. I have a question for the Administrator. Mr. Mayor: All right, the Chair recognizes Administrator Jackson for response to a question. Mr. Sias: The concerns that were raised, Ms. Jackson, I know within that motion that you all just made, was all those concerns in its totality addressed? Ms. Jackson: The motion I just read to you include my recommendations on all of those items so yes, that does address all of my concerns and to be extremely clear, just want to make sure when we talked about a single-phase project, we mean the entire $93 million dollar project being constructed at one time. Mr. Sias: Thank you. th Mr. Mayor: Okay. The Chair recognizes the commissioner from the 7. Mr. Frantom: Thank you, Mr. Mayor. Due to the fact that the developer didn’t have any prior knowledge of this, I’d like to make a substitute motion that we approved the resolution approved by Earl Taylor. rd Mr. Mayor: All right, the Chair recognizes the commissioner from the 3. 4 Ms. Davis: Mr. Mayor, can we just get some more details on that resolution just so everyone’s clear of the differences, I guess, of the two motions? Mr. Mayor: All right, Attorney MacKenzie, speak to the original resolution. Mr. MacKenzie: Sure, I’ll be happy to do that. The original resolution included no additional protections in the attached contract that would allow for Augusta to have separate approvals of some additional documents later on down the road and have some other language changed in the document relating to approvals by the Mayor versus the Commission as well. Mr. Mayor: All right. That sounded like a bunch of legal speak. All right, I think it would be prudent for you at this stage to talk about once again the changes that you referenced, that you made in our previous session. That is the distinction. Okay? And I need you to draw a distinction. Mr. MacKenzie: Okay, sure. Some of the primary changes that were made between Earl Taylor’s version and the version from the primary motion were relating to the authority of Augusta to make subsequent approvals of other documents that are going to be voted on later. Those include the development agreement and some other documents as well. There are also some adjustments made regard to the authority of who approves other documents in this project and the changes that were made were to make sure that the approvals were to be approved by the Commission versus approvals by the Mayor. st Mr. Mayor: The Chair recognizes the commissioner from the 1. Mr. Fennoy: Just, our attorney. Mr. Mayor: Absolutely. Mr. Fennoy: Attorney Andrew, does the other say that it has to be in one phase or two phases or it’s all at one time? Mr. MacKenzie: The Earl Taylor authorizing resolution and attached contract did not require two phases. Mr. Mayor: Okay, so I had a substitute motion. Did I have a second, Ms. Bonner? The Clerk: No, sir. Mr. Mayor: Okay. Mr. Sias: Call for the question. Mr. Hasan: Second. Mr. Mayor: The Chair recognizes the Mayor Pro Tem. 5 Ms. Davis: Mr. Mayor, I think this is just tough when we haven’t seen all of this. I mean, yes, we’ve been talking about different aspects but a lot was discussed today. I wouldn’t feel comfortable with the original agreement from Earl Taylor if it didn’t have some safeguards in there that wouldn’t protect the City of course but my biggest concern was the financing that we talked about and also the one phase/two phase so that’s, those are the sticking points to me I thought. Mr. Mayor: It is the other documents that effectively provide the protections that many of you believe are germane to this conversation. The authorizing resolution again simply effectuates us saying we’re committed to this project. We’ve said that consistently but it is the other documents that are of major significance that as we heard from Attorney Plunkett a moment ago, they’ve included some of those things in there. I think it’s a better document today. I think that’s a fair statement, it’s a better document, but I also would submit to you that either of the resolutions I could support. What I have pause with is this idea of taking what the developers have brought to us as perhaps one of the most significant projects in our city’s history from a private sector standpoint and mandating through a document that it have to be built all at one time. That was never the intent. Not only was that never the intent but they’ve articulated to us at the point in time that we engaged starting with the November conversation where this body agreed to support the project in principal to the tune of $14 million dollars. We then went from November of 2017 to May 29 of this very year where this body here again in unanimity of those who were in attendance made a motion to authorize the Commission to enter into one, the installment purchase agreement with the DDA for approximately $8.2 million and an IGA which is the documents that the attorney has referenced for a combined level of support of $14 million dollars with the grant agreement between the DDA, the developers and then that document also include any reasonable due diligence. That is where we were, Mayor Pro Tem, on the May 29 time frame and I think while the again “recommendation” that Ms. Jackson has brought forward for us to now codify and/or mandate that we have a single project many in this body have taken the Cyber Center of Innovation and Training and tried to parlay that into this same type of narrative and I do not believe that’s prudent. The initial investment that the state made was for $50 million dollars. They then came to the City of Augusta and said would the City engage in making an investment. We agreed to that, we meaning this body agreed to the tune of $12 plus million dollars, again fees and all of those things. What we did not know was that on the basis of the success of that that somewhere down the road the Governor would find an additional $35 million dollars of One Georgia money that they didn’t have to bond and say we’re going to construct a second phase of that which was a shell and that’s effectively what phase two will be. It will not be built out. It will be a shell to the tune of $35 million dollars and they in turn then came back to us and said well, will the City give us another amount of money to expand the parking deck and we gave them another four and a half, almost $5 million dollars. Our total investment is roughly about $16.5 million dollars in what has now become a hundred million dollar project but we had no knowledge that there would be a phase two and so to the degree that we’re now again parlaying these conversations to some degree that that’s how we should view this I think that’s wrong. I think that’s not prudent and it’s inconsistent with how the project was th brought to us and so to that end I fully support here on this site the 5 and Reynolds site that has been there for 50 years vacant, we’ve spent one and a half, almost $2 million dollars on putting a prize parking space over there and we now have an opportunity where everybody’s comparing 6 the work that’s going over in North Augusta with SRP Park to they’re outpacing Augusta. You know the Evans Towne Center, $75 million dollars, they’re outpacing Augusta. The reality of it is Augusta still is the engine that drives this bus in this region and we have an opportunity today to make a decision to say we’re going to support a project that ultimately could be a hundred million dollar project, $93.6, $92, whatever the numbers are that would completely transform the th 5 and Reynolds location that everybody drives by and looks at today and they’ll see a few cars there and again, it’s a very expensive project that we have but this right here could completely th transform downtown and close that other book end that’s on Reynolds Street. 13 and Reynolds you’ve got the Cyber Innovation and Training Center that we’re going to resoundingly all walk in and cut a ribbon and be excited today and now we have this opportunity to take another major step forward in the City of Augusta with this project that could be catalytic in nature. That is what is in front of us. That is what is before us from the resolution standpoint that then gives the City of Augusta some protections, the document that Attorney Plunkett representing the City of Augusta made some changes to. I think it is relevant and that’s what I would suggest we recommend and move forward with. We’ve got a main motion before us that the commissioner th from the 4 is supportive of that ties the two together and says that it has to be a single-phase project. I think if we’re going to do injury today that would be the significant injury we would make by codifying that and tying it together as opposed to letting the recommendations from Attorney Plunkett and what I believe to be the changes that Attorney MacKenzie has made to the authorizing resolution that while the developers’ emissary Kirby Glaze and the DDA have not a chance to completely vet but they will be the superior items today to vote on. That will be my posture. Mr. Hasan: Mr. Mayor. th Mr. Mayor: All right, I’m going to go back to the commissioner from the 4. I see your hand. Mr. Sias: Thank you, sir. Mr. Mayor, I appreciated your walk through the history of the Cyber deck and some of the other significant changes here in Augusta. But I just want to remind you that this particular project is a lot more complex and the finances are different than what we did with the Cyber deck. We had defined, recognized sources of revenue for debt service. This particular project is a little bit different. Secondly, when we talk about phase one and phase two, this motion simply asks that they continue to build. In other words they need a resolution that says the City is committed. The only thing that I see different in this resolution is that we say, yes, we’re committed but we’re committed for you to keep right on building into phase two, not to come back and say, now we’ll start searching and looking for phase two. This resolution gives them from the time that it’s passed and the commitment there. They can start recruiting for the office space that phase two was supposed to encompass. And with the opening of the Cyber Center as you mentioned some members up here feel like that’s a great addition and a great add- on to what they’re doing, I’m most certainly am one of them that feel that way. So if they’re looking for Class A office space, attendees or participants, I think they’re right in the right market. And based on our parking space there, that parking lot we built, that parking lot was built for another company that is engaged in cyber. So I say to you I think this motion that we’re considering is the right motion. It’s the right motion for the time and it protects a $14 plus 7 million dollar investment that the City is making in this project. So and I thank you for the time and I appreciate it and I hope this resolution passes. th Mr. Mayor: The Chair recognizes the commissioner from the 6. Mr. Hasan: Is there a substitute motion on the floor or just the main motion? Mr. Mayor: Just the main. Mr. Hasan: Just the main motion? We’ll vote and I won’t make no comments. Mr. Mayor: You want? Mr. Hasan: No, no, I won’t make no comments because I think you’re misrepresenting the facts but I’ll leave it alone. th Mr. Mayor: The Chair recognizes the commissioner from the 7. Mr. Frantom: Thank you, Mr. Mayor. I want to amend my motion and make a substitute motion that we approve the resolution with the changes that Andrew MacKenzie discussed in legal. Ms. Davis: I’ll second that. Mr. Hasan: Mr. Mayor, I’d like to have a comment if they’re going to make a substitute motion. Mr. Mayor: I’ve got a substitute motion and a proper second. Mr. Hasan: Mr. Mayor, I’d like to make a comment please. Mr. Mayor: Well, I haven’t recognized you yet. Mr. Hasan: Okay. Mr. Mayor: Thank you. All right, I’ve got a substitute motion with a proper second. th And that substitute motion, all right, commissioner from the 7, would you restate your motion? Mr. Frantom: I’d like to make a substitute motion on the resolution that Attorney MacKenzie discussed in legal and I think takes out all the mandates that were discussed. Mr. Mayor: All right, we’ve got a substitute and a proper second. Mr. M. Williams: Roll call vote, Mr. Mayor. Mr. Hasan: Mr. Mayor, may I make a comment? 8 Mr. Mayor: I haven’t recognized you yet. Mr. Hasan: All right. I’m just reminding you. You did me that way last week. Mr. Mayor: And you didn’t need to do anything. You’re trying to second guess me. Mr. Hasan: Yeah. Mr. Mayor: Don’t do that. All right, we’re going to have a roll call vote. I’ll recognize th the commissioner from the 6. State your inquiry. Mr. Hasan: Thank you, Mr. Mayor. First and foremost, Mr. Mayor, I’d like for the audience listening and viewers to know that the main motion that was made by the Administrator is that what our staff recommended to this body and we included all that for protection on this government so we’re not trying to put in a hardship on anybody, on the developer or anybody else. To say that we have parsed some hairs with this, this development started out as a $93 million dollar project and that it was going to be done and we were going to contribute $14 million dollars. As of late the project has been that they’re not guaranteed to do phase two, they do phase one to the tune of $50 million dollars and we still contribute $14 million dollars. That’s a $43 million dollar difference. There’s no guarantee they have to do a phase two. So what we’re doing is protection on this government. So to say that we’re doing some injury to them, we’ll be doing injury to the taxpayers if we give away $43 million dollars and that’s what we’ll be subject to do because there’s no guarantee and that’s what they’ve said. There’s no guarantee. So I think we’re doing what we need to do to protect the taxpayers and we’re following the recommendation of staff, of our attorneys, our investment personnel, our Administrator, that’s what we’re looking at doing here, Mr. Mayor. So to say we’re doing injury, we’re not doing injury. We’re protecting the taxpayers and that’s what we’re supposed to be doing here. $43 million dollars is a lot of money. If they choose not to do phase two, then they don’t have to do it and we sit there with six and a half acres halfway developed. So someone has to protect the taxpayers and that’s what we’re here to do. So we have not done anything wrong. We’re doing what we’re supposed to be doing. That’s what we were elected to do and I feel comfortable doing it. We’re doing the right thing. Everybody’s done their due diligence and also what happens is the developer knows where we stand. They can reject it and we can start over and do what needs to be done. But for the most part we don’t have $43 million dollars to give away and that’s what we are potentially doing if we continue down that road. That has never been said as of late between May 29 and now that okay, what we decide to do, we’re just going to do one phase and if we decide to do the second phase, we’ll potentially ask you all for additional money. That ain’t going to happen, Mr. Mayor. We can’t afford to do that. Mr. Mayor: Well, again, as I always say, I’m going to leave that up to each and everyone to determine for themselves and again, for the record, your Administrator provided you with a comparison of how the project started and for the record, it started out on May 9 when it was in again somewhat of a substantial form. It started out as a $75 million dollar project that had no “office space attached to it” with a request from the City of $20.7 million dollars. Again this is a document that is factual in nature that you have a copy of in front of you and the remaining nine of you have the same copy. And then as of last year, November 14 when they came back and it 9 was very clear that they approached the City and said we want to phase this in. It was a $93.6 million dollar investment and the request went from $20.7 million to $14.6 million dollar, the (inaudible) participation went to a $14 million dollar request from the City. That’s a difference of almost $6 million dollars. And to your point again we’ve tasked staff with coming back with a recommendation for us from a funding standpoint and that funding standpoint has gone from we want to tell you how we can pay for this and service the debt to we want to tell the developer that they should build it all at one time. Those are two distinct things. Those are two distinct th things. And so to the degree that as the commissioner from the 4 indicated, as the th commissioner from the 4 indicated, this is an important project. I couldn’t agree more. I think it’s high time for us to speak to that. The Chair recognizes the Mayor Pro Tem. Ms. Davis: Thank you, Mr. Mayor. Can I ask Mr. MacKenzie something please? Mr. Mayor: Attorney MacKenzie. Ms. Davis: Because I agree with Commissioner Hasan. We never want to put ourselves in any danger with taxpayer money and that’s not anybody’s intention up here. This resolution, is this saying that we are issuing these bonds for this project? Is that what this is or what is the intent of this resolution? Mr. MacKenzie: It is a resolution that authorizes the execution of the attached agreement which would bind the City to issue bonds subject to a number of conditions which is a due diligence period as well as some other items that are still yet remaining so it still is a contingent commitment that you would have an option later to review your due diligence, the feasibility of the project to include whether or not having one or two phases so if you did that later based on the current motion and decided you still wanted it to be two phases you could still do that at a later time. Ms. Davis: So if during this due diligence something came back to us that we were not comfortable with, would we be able to say no to this project? Mr. MacKenzie: That’s correct. Ms. Davis: Okay. Thank you, Mr. Mayor. Mr. Mayor: All right. We have a substitute motion before us. We’re going to do a roll th call vote as the commissioner from the 9 has requested. Madam Clerk. This is on the substitute motion. The Clerk: Ms. Davis. Ms. Davis: Yes, ma’am. The Clerk: Mr. Fennoy. Mr. Fennoy: No. 10 The Clerk: Mr. Frantom. Mr. Frantom: Yes, ma’am. The Clerk: Mr. Guilfoyle. Mr. Guilfoyle: Yes, ma’am. The Clerk: Mr. Hasan. Mr. Hasan: No. The Clerk: Mr. Jefferson. Mr. Jefferson: No. The Clerk: Mr. Sias. Mr. Sias: No, ma’am. The Clerk: Mr. Smith Mr. Smith: Yes. The Clerk: Mr. Dennis Williams. Mr. D. Williams: No. The Clerk: Mr. Marion Williams. Mr. M. Williams: Present. Mr. Fennoy, Mr. Hasan, Mr. Jefferson, Mr. Sias and Mr. D. Williams vote No. Mr. M. Williams votes Present. Motion fails 4-5-1. Mr. Mayor: All right, we’re now back to the main motion. Mr. Guilfoyle: Roll call. Mr. Mayor: Absolutely. The Clerk: Ms. Davis. Ms. Davis: I do not want this deal to fail so I’m going to say yes, ma’am, to this. 11 The Clerk: Mr. Fennoy. Mr. Fennoy: Repeat the main motion please. The Clerk: Sir, what the main motion is? The motion as stated by the Administrator. Ms. Jackson: You still need me to read it? Mr. Mayor: Yes, please. Ms. Jackson: Approve the authorizing Resolution as recommended by the General Counsel on July10, 2018 with the attached Intergovernmental Downtown Development Contract and incorporation of the Administrator’s recommendations relative to the eleven items of concern as listed in the attached document. Mr. Fennoy: Yes. The Clerk: Mr. Frantom. Mr. Frantom: No. The Clerk: Mr. Guilfoyle. Mr. Guilfoyle: Yes. The Clerk: Mr. Hasan. Mr. Hasan: Yes. The Clerk: Mr. Jefferson. Mr. Jefferson: Yes. The Clerk: Mr. Sias. Mr. Sias: Yes, ma’am. The Clerk: Mr. Smith. Mr. Smith: Yes. The Clerk: Mr. Dennis Williams. Mr. D. Williams: Yes. The Clerk: Mr. Marion Williams. 12 Mr. M. Williams: Present. Mr. Frantom votes No. Mr. M. Williams votes Present. Motion carries 8-1-1. Mr. Guilfoyle: Are you done? Mr. Mayor: No, we’re not done. We’ve got a long day ahead of us. All right, as I understand it, we have a special called meeting agenda that there are a number of items on it and that’ll be our next order of business. Okay. Madam Clerk, we’re going to go top to bottom. 3. Motion to approve Whitewater/Savannah River Design Contract. (Requested by Commissioner Sammie Sias) th Mr. Mayor: The Chair recognizes the commissioner from the 4. Mr. Sias: Mr. Mayor, thank you. This is an item we had on our agenda last time. As far as getting a design approved, a contract approved to move forward on the design work for the whitewater possibility of rafting, I don’t have a whole lot to say on today. The fact that we’ve seen this before as you have stated on several occasions when we see documents and things on more than one occasion, so we’ve seen this. So move to approve. Mr. Hasan: Second. Mr. Mayor: So we’ve got a motion and a second. Voting. Motion carries 10-0. 4. Motion to request authorization to proceed with drafting edits to the Augusta, Georgia Code, Chapter 3 Street Lighting, Section 7-3 to modify fee structure for the street light system. (Requested by Commissioner Sammie Sias) th Mr. Mayor: The Chair recognizes the commissioner from the 4. Mr. Sias: Thank you, Mr. Mayor. We’ve had a sub-committee that has met on multiple Occasions to talk about the street light issue and this issue is not just about street lights in our city. It is also about how we finance and pay for the existing street lights and any future improvements. And we’ve had several plans but first off, Mr. Mayor, we need to say for myself and my colleagues our understanding. We need to have a clear understanding of the position financially of where we’re at with our street lights and I would like to start with our Administrator and any of the staff that she desires to assist us in briefing on the quagmire that we’re in as far as financing and paying for our street lights. Mr. Mayor: Do we need another full-fledged presentation? Again if I remember correctly what’s being asked is to allow the attorney to proceed with drafting changes to an 13 ordinance which will then be reviewed by this body and ultimately either adopted or rejected. Is that true? Mr. Sias: That is true and basically it was authorization just to allow them to start making, writing up a draft. Move to approve. Mr. Jefferson: Second. th Mr. Mayor: The Chair recognizes the commissioner from the 9. State your inquiry. Mr. M. Williams: Thank you, Mr. Mayor. This has been brought before. The street light committee I thought was purposed to discuss street lights, even the financing of them and how we’re paying. Should have came back to either Administrative Services or Engineering Services or whatever committee it reports to. I’m hearing now that we need to give them authority to negotiate or look at the street light code and bring us something back. But once you bring it back then it’s something to vote on then. They ought to be able to give us something before they codify, before they put it together so we can determine whether or not that’s the direction we want to go in. Now this is not our first time in knowing that street lights have been an issue. There have been problems. We’ve done balanced I don’t know how many budgets and we’ve balanced the budget but the street lights weren’t included, wasn’t taken care of. So how do we surpass that now and then put it out there to have the finance and the attorney and whoever department to coordinate a code to bring back to us because once the code gets back, the next thing, the next step is to vote on it. Mr. Mayor: Well, I think the gentleman knows of what he speaks. That’s been a process that’s been tried and true where you make changes, you come back and review them. If you like them, you support them and if you don’t, you reject them. And so it’s happened with the animal services ordinance, it happened most recently with the smoking ordinance, it happened most recently with the PTV ordinance so it’s a tried and true method that has a little caveat that this body decided to put in as opposed to being able to freely just go out and say I want somebody to go out and draft this and then we talk about it. So what I might suggest is why don’t we just vote up or down and go on to the next one. Mr. M. Williams: Mr. Mayor, it’s kind of like speeding down the highway. Once you get caught speeding, you ought to stop. You ought not to keep doing it because you’ve been doing it for a long time. We may have been doing it that way but that don’t necessarily make it right so and my question is though we’ve put it on a special called meeting agenda, we’ve had it. I don’t understand. The process has already been laid out, how this thing is supposed to work, but now we decide when we want a special called meeting to talk about stuff that didn’t get passed in committee or somewhere and that’s the way we do it? Mr. Mayor: I believe the gentleman knows of what he speaks. The Chair recognizes the st commission from the 1. Mr. Fennoy: I’d like to ask whether the draft includes everyone paying for street light services, non-profits and churches. That the street light fee be treated like the stormwater fee where everybody gets a chance to participate. 14 Mr. Mayor: We’ve got a motion and a second. Voting. Ms. Davis, Mr. D. Williams, Mr. Sias, Mr. Hasan and Mr. Frantom vote Yes. Mr. Fennoy, Mr. Jefferson, Mr. Guilfoyle, Mr. M. Williams and Mr. Smith vote No. Motion ties 5-5. Mr. Mayor: Where’s Sylvia Cooper when I need her? Mr. Frantom: You know she’s watching. You’ll be reading about it on Sunday. The Clerk: You need your Snicker bar? Mr. Mayor: I need to be in Texas now. The Clerk: Houston, we’ve got a problem. th Mr. Mayor: Houston, we have a problem. In the words of the commissioner from the 6 I think what he would say is that, Mayor, this is what happens when we’re able to manufacture a situation that you have to vote on and that’s where we are right now. Ms. Davis: I don’t think so. Mr. Mayor: I’m using that word. Madam Administrator, what’s the effect of this matter? Ms. Jackson: The financial impact on us is what I’m most concerned about, sir. At this point the street light fund which is a special revenue fund, I want everybody to understand that, that’s separate and apart from our General Fund. That fund has been running at a deficit so unless we do something to increase the amount of revenue going into that fund, we will further our deficit. Our external auditors have allowed us to kind of float this for the last two or three years. They may decide that that practice is inappropriate and that could have adverse consequences on our audit. You know we’ve had a clean audit for the last several years. This would be something that they would call to our attention as a finding potentially. The Mayor votes Yes. Motion carries 6-5. Mr. Mayor: I really didn’t. You know my apprehension is that voting is (inaudible) the Hardie Davis rule. Mr. Guilfoyle: Yeah, we know that one. Mr. Mayor: You’re right. Mr. Sias: Which of the five are you talking about? Mr. Mayor: Yeah, voting is (inaudible) the Hardie Davis rule which I don’t like. 15 Mr. Guilfoyle: Can we start Public Services now, sir? Mr. Mayor: No, sir. The Clerk: We have one more. Mr. Guilfoyle: We’ve got that on Public Services agenda. Mr. Mayor: Well, why don’t you let me try to dispose of it then? Mr. Guilfoyle: Okay. Mr. Mayor: All right, that would be good. 5. Motion to reconsider the Commission vote taken on June 28, 2018 extending the hours of the Candlelight Jazz Concert Series to 10:30 p.m. (Requested by the Administrator) Mr. Hasan: Motion to approve. Mr. Sias: Second. Mr. Mayor: We’ve got a motion and a second. Voting. Mr. Fennoy: You’ve got a hand up, Mr. Mayor. st Mr. Mayor: The Chair recognizes the commissioner from the 1. Mr. Fennoy: I’d like to make a substitute motion. Can I do that? Mr. Mayor: Sure. Mr. Fennoy: I’d like to make a substitute motion that we leave the hours of the Candlelight Jazz Concert Series up to the administration of the Recreation and Parks. Mr. Mayor: The substitute fails without a proper second. We’re now back to the main motion and that is to approve extending the hours of Candlelight Jazz Concert Series to 10:30. Voting. Mr. Fennoy votes No. Motion carries 9-1. Mr. Mayor: So the underlined motion that we had in front of us was to reconsider the commission vote that was taken. You’ve now agreed that that’s what you want to do. All right, I know we were all thinking we were voting to just extend the hours to 10:30. Now you’ve agreed to reconsider your previous action. Your previous action was to deny that – 16 Mr. Hasan: It failed or it was enough votes? Mr. Mayor: Well, it failed last time so you’ve reconsidered your action. Now the motion that should be before us if anyone chooses to make it is to extend the hours of Candlelight Jazz to 10:30. The Chair will entertain a motion. Mr. M. Williams: So move extending Candlelight Jazz. Mr. Smith: Second. Mr. Mayor: A motion and a second. The Super District commissioners are in alignment. They’re working together. Mr. M. Williams: Always have. th Mr. Mayor: Commissioner from the 10 out of the dugout. Ready to hit the ball. All right, we’re voting and this is to extend the hours. Voting. Mr. Fennoy votes No. Motion carries 9-1. Mr. Hasan: Mr. Mayor, can I ask a question before you adjourn? th Mr. Mayor: All right. The Chair recognizes the commissioner from the 6. Mr. Hasan: Yes, sir, Mr. Mayor. As you know I wasn’t here last week and I know everybody missed me. Item number three, what happened with that last week? Did we have the same scenario? Did it pass or did it fail? Mr. Mayor: Well, let’s just say that last week was a very interesting week in your absence. Let’s just say in your absence we had an interesting week. But what we’ve done now is made amends for that so all right, Attorney MacKenzie, is there any other further business before us? Mr. MacKenzie: No, sir. Mr. Mayor: All right, this special called meeting is over. \[MEETING ADJOURNED\] Lena J. Bonner Clerk of Commission 17 CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on July 10, 2018. ________________________ Clerk of Commission 18