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HomeMy WebLinkAboutRegular Commission Meeting December 18, 2012 REGULAR MEETING COMMISSION CHAMBER DECEMBER 18, 2012 Augusta Richmond County Commission convened at 5:00 p.m., December 18, 2012, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, Hatney, Aitken, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hon. Smith, member of Augusta Richmond County Commission. Mr. Mayor: Okay, I’m going to go ahead and call the meeting to order, the regular meeting and like to call on Reverend Michael McCoy, Assistant to the Pastor of Beulah Grove Baptist Church for our invocation. Please stand all those who are not already standing. All right Commissioner Williams, Reverend Williams. The invocation was given by the Reverend Marion Williams, Pastor, Friendship Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Marion, thank you so much. I was going to say is there a Pastor in the house and there was one sitting on the front row. That’s a beautiful thing this season. Madam Clerk, I’m going to call the presentations and then do the recognitions then hold up on the delegations just so I know we’ve got one agenda item that in particular I think it’s #32. So we’re going to go in that order. Presentations, please, ma’am. The Clerk: PRESENTATIONS A. Presentations honoring out-going members of the Augusta Commission, the Honorables Mayor Pro Tem Joe Bowles, Matt Aitken, Jerry Brigham and J.R. Hatney. Mr. Mayor: And Commissioners in the interest of time and due to the fact that they will be here until the end they’ve agreed to do that at the end and receive their plaques at the end. The Clerk: PRESENTATIONS B. Retired Military Police Association presentation of an appreciation award to the Honorable Ronnie Strength, Sheriff, Richmond County Sheriff’s Department. Mr. Speaker: Mr. Mayor, Councilmen, ladies and gentlemen of Richmond County and other surrounding areas. We are the representatives of the Retired Military Police Association United States Army and we are here this evening to make a presentation to our out-going Sheriff. On behalf of the members of the Retired Military Police it is our distinct honor to call retired 1 Richmond County Sheriff Strength to come forward. Sheriff Strength has served with the Richmond County Sheriff’s Department for quite some time. I believe it’s somewhere in the vicinity of 35 years if I’m not mistaken. And it spans from April of 1977 through January 1995 is when he became Sheriff. Sheriff Strength many years of service in the performance of his duty has always been very, very high performance individual and excellent manner in all of which he’s been involved. Sheriff Strength for many years of service performed his duties in an excellent manner. Sometime ago I had an opportunity to sit down with Sheriff Strength in his office and we discussed various items. And at that meeting I asked him a question. What can we do or what is one of your main goals within your organization that you feel that you need some support. And without hesitation he indicated that the Swat Team was lacking an adequate bullet proof vest. So at this time on behalf of our organization locally we would like to present to the Sheriff a small donation to contribute to his bullet proof vest program and get our officers on the street these high performance duties a little bit more safety than they currently have. And today we’re please to present Sheriff Strength the donations I said. In addition to that we want to give him something that he can take home with him. And we have fabricated within our organization what this gentleman right here incidentally is our Chaplain of our organization, this handmade trophy for Sheriff Strength to help commemorate his long tenure of service. And with this sir we are very pleased to present this to you and wish you many, many years of happiness in your retirement. But believe me it ain’t all it’s cracked up to be. This leads me to the next and last item. As I said your duties are going to change and we here have you a hat from the Military Police Organization for when your wife gives you the honey do list and working you outside you’ll have something to cover your head. With that ladies and gentlemen Sheriff Strength congratulations and I appreciate your service. And I’m in here all at your service and we thank you again. And before I close out I don’t know I don’t see the gentlemen here our new Sheriff elect Mr. Roundtree. If you’re in the service we wish you all the best and longevity in the office. Thank you very much. (APPLAUSE) Sheriff Strength: Thank you. Definitely thank these guys. We go back a lot of years. They’ve been so supportive like our community has to me over my 36 years tenure, not just the last twelve as Sheriff. But these guys have always been there for us, they’re always checking to see how they can help us and they’ve always been there. I’m going to just say a couple of things. Ya’ll didn’t come here to hear me I know that. I want to personally, I don’t get to thank every citizen in this community like I’d like to but I owe two different groups for my success and I’ve been very fortunate. Number one the citizens of this community. They have been great to me and for that thank you. And number two the men and women of the Sheriff’s office. That’s who made it. Not Ronnie Strength. Those folks that work around me made me look good and they’re out there serving you folks each and every day and my hat’s off to them also. Thank you very much. (APPLAUSE) Mr. Mayor: Thank you, gentlemen. That was a very appropriate honor for a wonderful man. Madam Clerk, on to the recognitions, please. The Clerk: RECOGNITIONS 2012 Augusta-Richmond County United Way 2 C. Acknowledgement and presentation to high achieving ARC departments for their 2012 United Way participation and contributions; and thanks to all departments for their hard work. Mr. Ross: Mr. Mayor, Commissioners, I was elected, selected I should say by the CAO for this most honored opportunity to serve as Chair of the 2012 ARC United Way. And the purpose of my standing today is to report to you the good work of this ARC Employee Team. First I’d like to acknowledge that we have with us Ms. Stephanie (unintelligible) from the CSRA who’s here to also acknowledge what we define as Departmental More, Agent More I am yours truly Agent Give Me More. On behalf of the entire team we’re pleased to announce that the contributions for 2012 were up by 27.05% for contributions unaudited at $36,286.00. We’re more pleased to announce to you that the participation of employees were up by 75.76% for a total of 580 employees and of the authorized work force we were up 84.3%. I believe that is worth a note of applause. (APPLAUSE) We’d like to give some kudos and shout outs if I might. The top four performer’s dollar wise Tax Assessors Office $3,063.00. Housing and Community Development $3,148.00. Environmental Services $3,381.00. And your top dollar contributor this year is the ARCCI at $4,007.00. (APPLAUSE) We’d also like to before we present the actual participation for those above the 70% departmental level we also engaged this year by the process of overall improvement measurements taking the percentage of dollar increase percent and the percentage of employee participation percentage with a weighted (unintelligible). We’d like to give noted honorable mentions that were overall performance percentages of at 74.5% to the Marshall’s Office, 76.4% to the Mayor’s Office. We also would like to acknowledge the four top performers RCCI at 76.6%, Superior Court Judges at 286.67%, Library 203.5% and this year’s top overall performer is the Procurement Print Shop at 404.6% and we’d like for a representative to come forward (APPLAUSE) the head of the department Ms. Geri Sams on behalf of the ARC United Way. Ms. Sams, this plaque (unintelligible) will be hanging in your office for a period of twelve months at which some point in time we will come to retrieve it. Unless you do the same it will move on to another location. Thank you so very much. (APPLAUSE) Commissioners we’d also like to call forward representatives from the following departments, those at the above 70% measurement. The Finance Department, The Human Resources Department, the Marshall’s Office and the Law Department if they will come forward. The following departments that achieved a 100% participation level or as follows and if they will have a representative likewise to come forward. Board of Tax Assessors, Board of Elections, Disadvantaged Businesses, Environmental Services, EEO Department, Housing and Community Development, Information Technology, Law Department, Parks and Recreations Department, Procurement Print Shop and the Tax Assessors Office. On behalf of the Board of Commissioners Fred Russell’s CAO Office, ARC United Way, CSRA I know that your commitment made the complete difference on what would be used to move forward to make a difference in our community. I’d like to thank you personally as well as for your service and what you’ve done to show the caring hearts of the employees of the ARC. You are the life that shines upon everything that we do to see all the good that’s in us. Thank you so very much and hope to see you back with fellow employees this time next year. (APPLAUSE) Mr. Mayor: Thank you, Mr. Ross. Thank you for doing a great job chairing the campaign. I think particularly during these difficult economic times it’s speaks to the value of 3 our organization and how much we support the United Way. Madam Clerk, on to the next recognition. The Clerk: RECOGNITION(S) Augusta Christian’s Football Team D. Recognize the Augusta Christian’s football team for their state championship. (Requested by Commissioner Jerry Brigham) Mr. Mayor: I have the sneaking suspicion I’m about to be dwarfed. I was wondering why the crowd was so big. I thought it was only for the zoning issue. Okay well I’ll go ahead and get started. You know it’s always been our goal as a city I think to be a city of excellence at all levels, athletically, academically in our business community. So we always want to take the opportunity to recognize excellence in our community. And definitely this year through their state championship Augusta Christian has achieved that. So we want to congratulate you so much for that. Thank you for representing the city and the community well. It means the world to us just being a group of fine young men. So with that Office of the Mayor. Certificate of Recognition given to Augusta Christian Schools. Lines Varsity Football Team 2012 South Carolina Independent Schools Association Class AAA Champions. The City of Augusta recognizes and applauds your athletic achievement and excellent sportsmanship displayed during the 2012 football season. Your athleticism and determination inspires others to perform at their best. We congratulate you for participating in clenching the state title with an outstanding record of 13-0. Let’s give them a round of applause on that. (APPLAUSE) You can’t get better than perfection I don’t think. 2012 South Carolina Independent Schools Association Class AAA Football Championship Columbia South Carolina November 17, 2012. Given under my hand th this 18 Day of December 2012. Deke Copenhaver, Mayor. (APPLAUSE) Mr. Walton: I’m Coach Walton. I’m representing these young men I say represent us as well. On behalf of Augusta Christian Family, Administration, Head of School and Board we would like to present you with a t-shirt as you are now an honorary Lion. (APPLAUSE) Mr. Mayor: Thank you all so much and I will wear it proudly. Madam Clerk, I think we’ve got another and I brought that plaque down there too I thought. Next recognition. The Clerk: RECOGNITION(S) United States 2012 Olympic and Paralympics Games E. Mr. Lantz Lamback. (Requested by Mayor Pro Tem Joe Bowles) Mr. Mayor: Once again to be able to recognize an achievement of excellence from somebody from our community which Lantz definitely is that I, you’ll get all the medals that he’s won when I read through this. But just what an amazing guy for the Summer Paralympics Games. Thank you for representing this area so well and thank you for being a true champion and just a fine person as well. With that, Office of the Mayor. A Certificate of Recognition 4 given to Lantz Lamback, United States Paralympian. For your outstanding achievement and excellent sportsmanlike conduct displayed during the 2012 Summer Paralympics Games in the sport of Para Swimming by earning gold in the 50-meter Freestyle and Bronze in the 100-meter Freestyle. Earned three medals during the 2010 World Championship Games and First Place in the 100-meter backstroke in the 2008 Paralympics Games. The City of Augusta recognizes your commitment to athletic excellence and congratulates you for participating in 2012 London th Paralympics Games. Given under my hand this 18 Day of December 2012. Deke Copenhaver, Mayor. (APPLAUSE) Mr. Lamback: (inaudible) I know that everybody but I want to say thank you and it was my pleasure to go and race in London, Beijing and Athens. I mean it’s my pleasure and I really appreciate the support from the Augusta area. Thank you. (APPLAUSE) Mr. Mayor: And that recognition was requested by Mayor Pro Tem Joe Bowles. Joe, would you like to say anything? Mr. Bowles: You know, Mayor, I don’t have much to say other than you know not only is Lantz a tremendous athlete to overcome his challenges but for his parents not only have they worked diligently you know to get him involved in daily activities you know Mr. Lamback, Lantz’s father is still actively involved with the local children at the aquatic center. And you know it’s just a tremendous attribute to Lantz and his family. And you know with a lot more people like them you know it just makes us a great community that we live in. And I’m very thankful to have them part of it. (APPLAUSE) Mr. Mayor: Okay, Madam Clerk, I’m going to switch around just to try to clear a few people out and go to leave the one that people are here for is agenda item number 32 on the regular agenda. The Clerk: PLANNING 32. Motion to rescind the decision of the Augusta Commission on June 19, 2012, to deny a petition by James B. Trotter on behalf of L.P. Mays Family Partnership requesting a change of zoning from Zone A (Agriculture) and Zone B-1 (Neighborhood Business) to Zone R-3B (Multiple-family Residential) and to take such other action as deemed appropriate on the applicant’s original petition. Mr. Mayor: Commissioner Jackson. Mr. Jackson: Thank you, Mr. Mayor. I’d like to make a motion to rescind the decision th on June 19 and send it back to Planning and Zoning for further recommendation on the applicant’s original petition. Mr. Lockett: Second. Mr. Mayor: Okay, we have a motion and a second. Commissioner Mason. 5 Mr. Mason: Thank you, Mr. Mayor. I was hoping Mr. Guilfoyle would make it back so everybody could weigh in on this. Let me say this in the fairness of the residents that have come out and to address this agenda item. First of all I think it would be appropriate to give some sort of explanation as much as we can on what this motion truly means so that they’re not left leaving here not knowing what’s going on when you try to be as transparent as we can in this process. th And secondly I wholeheartedly endorse the motion that we made on June the 19. I don’t see any reason to do anything different than what we’ve already done. So I’m going to stand pat on that but I think at the end of the day I think they need some sort of explanation as to what that motion means that Mr. Jackson’s making. Mr. Mayor: Mr. MacKenzie. th Mr. MacKenzie: Sure, I’d be happy to try and clarify that. On June 19 2012 there was a decision by this Commission to deny a petition by the applicant to get the property rezoned. The action being taken today is to rescind the denial. It does not the effect of approving the request for change. The motion that was read by Commissioner Jackson would be to send it back to the Planning Commission for further recommendation and review. So the property will not be rezoned as a result of the motion that was made. It would just be rescinding the previous th action on June 19 2012. Mr. Mayor: Thank you, Mr. MacKenzie. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I just want to indicate that I’m in complete support of the residents of that community. I think that they have a right to decide what they want in their community. Thank you, Mr. Chairman. Mr. Mayor: Thank you, sir. We have a, Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. I just hope that you know if this does go back that we keep the residents informed. I’ve been getting phone calls on a daily basis. You know they haven’t, you know this shows up on the agenda and nobody’s been out there to talk to them. You know in my opinion you know the city made the right decision in protecting their property values back in June and you know if you’re going to revisit this I recommend the neighborhood come again and get an attorney to get involved and if the city won’t fight for you have your attorney fight for you. Mr. Mayor: Thank you, Commissioner Bowles. We have a motion that’s been properly seconded. Commissioner Guilfoyle, did you? Mr. Guilfoyle: Yes, is George Patty here? Mr. Mayor: Mr. Patty. Mr. Patty: Yes, sir. 6 Mr. Guilfoyle: Thank you, Mr. Mayor. George, some things, if it does make it back to the Planning and Zoning Board some things we need to be aware of is one do we have the infrastructure set in place to receive an apartment complex? Two, traffic control is a big issue for the residents of Hill Creek plus we have to look at their diminished property value. Another concern of the neighborhood is public safety, the school system how are we going to address the school systems to take in all these children. Can they handle it and if we zone it to professional to coexist with the existing surroundings is that possible to keep it offices? Mr. Patty: Is that a question or? Mr. Guilfoyle: Yes, sir that is a question or --- Mr. Patty: --- to consider these things? Mr. Guilfoyle: Right instead of zoning it for an apartment complex leave it as Professional B-1. Mr. Patty: I think that the fact that you’ve got pending, you’ve got a pending law suit that me commenting on what us rezoning the property in a manner we think might be constitutional would not be --- Mr. Guilfoyle: Okay. Mr. Patty: --- something that you want me to do. Mr. Guilfoyle: All right. Final question. How many approved un-built apartment complexes do we have currently? Mr. Patty: I can give you that number. We don’t have any pending site plans that I’m aware of that haven’t moved forward to construction. We’ve got one pretty close to this one that I believe is under construction or about to be under construction. Mr. Guilfoyle: Okay. Thank you, Mr. Patty. Mr. Mayor: Okay, we have a motion that’s been properly seconded. Mr. Mason: Mr. Mayor? Mr. Mayor: Commissioner Mason. Mr. Mason : Thank you, Mr. Mayor. Mr. Mayor, I’m going to make a substitute motion. The bottom line is we’ve discussed this previously a decision was made. I feel very confident in And I’m going to make the the decision I made. I’ll defend my position all day long. th substitute motion that we go ahead and approve the rescission that we did on June 19 of 2012. 7 Mr. Lockett: I’ll second that, Mr. Chairman. Mr. Mayor: Just for clarification that would not be approving --- Mr. Mason: Approve the, go ahead, Mr. Mayor. Mr. Mayor: --- not approving because the, we didn’t rescind then we denied. Correct, correct, Mr. MacKenzie, just to make sure we’re? motion to reaffirm the decision made by the Mr. MacKenzie: I would recommend a Commission. Mr. Mason: That’s my motion. Mr. Lockett: And I second that motion. Mr. Mayor: Okay, we have a substitute motion that’s been properly seconded. If there is no further discussion and, Madam Clerk, just always for the point of clarity if you could read back the substitute motion please. The Clerk: Yes, sir. The substitute motion was to reaffirm the decision that was made by the Commission. Mr. Mayor: Commissioners will now vote by the substitute sign of voting. Mr. Aitken, Mr. Johnson, Mr. Bowles, Mr. Mason, Mr. Lockett, Mr. Jackson, Mr. Guilfoyle and Mr. Hatney vote Yes. Mr. Brigham votes No. Motion Passes 8-1. Mr. Mayor: Thank you, Madam Clerk. Mr. Russell: Mr. Mayor, it might be --- Mr. Mayor: Mr. Russell. Mr. Russell: --- appropriate to have the lawyer explain to the crowd what that, what just happened there because I’m sure there will be people asking that question when they walk out the door. Mr. Mayor: Mr. MacKenzie. Mr. MacKenzie: Sure, I’d be happy to. No action was taken on the original motion because a substitute motion was made. The original motion would be to rescind an action that had previously been taken by the Commission. Instead what has happened, the Commission has 8 th reaffirmed the decision that they made on June 19 2012 of which is to deny the petition made by the applicant to give zoning that would allow for apartments in that area. Mr. Mayor: Thank you, sir. And, Madam Clerk, if we could now and we might give it a minute and see if anybody’s clearing out. I don’t want to, you know I’d love to spend part of the holiday season with ya’ll but if I was ya’ll I wouldn’t want to hand around. Juggling everything around but Reverend Hatney needs to get out of here by 6:15 so in deference to him we’re going to do the outgoing Commissioner presentations. Then we’re going to go to the two delegations that are here to speak on the BID District then we will address the BID District item because some people got to leave too. Okay we want to go ahead and recognize our outgoing Commissioners for their service to our city and our community. And if I could get everybody to come down as I read your plague. First off: Augusta Georgia salutes and sincerely thanks Matt Aitken, Commissioner District 1 for his outstanding dedication and service on the Augusta Commission January 1, 2009 through December 31, 2012. Presented by the Augusta Commission December 18, 2012. (APPLAUSE) The same recognition for Commission Joe Bowles. (APPLAUSE) Commissioner Jerry Brigham. (APPLAUSE) and Commissioner Reverend Johnny R. Hatney. (APPLAUSE) Mr. Aitken: I just want to give thanks for the constituents in District 1 to give me an opportunity. We had to fight hard on a lot of progress in this district. As we know this district has a lot of opportunities. A lot of times we don’t see eye to eye on a lot of things and I think that’s for discussion as we continue to bridge the gap. I think unity is a very important part of this district and the diversity of this district as we celebrate that. As I go in a lot of people the big question is what am I going to do next. I really don’t know. I’m going to trust God for that as he’s brought me a mighty long way. I’ve got a six year old daughter that lost her first tooth yesterday and so I’m going to engage in my family right now. They moved my release date up from (inaudible) to the end of January so I’ll have to be looking for another line of work. But I know God’s got some plans for me in this city. And I want to thank my colleagues that I’ve been able to work with, our department heads that have done a good job as we raise the bar with you guys and our employees. I think that’s where we’re looking at going. And we’ve got to continue to build a team. And as we look at the CADI program today and what we’re going and how we build a team that’s going to be inclusive that’s going to benefit all citizens. And so I want to do my part as I did before I became a Commissioner now as I leave as a Commissioner. So I thank my wife and daughter for coming in a little late today and I thank you all for giving me these couple minutes. (APPLAUSE) Mr. Mason: I think that’s the quietest we saw those three in the whole eight years they’ve been up here. We could’ve used a little more of that. Mr. Mayor: Okay, as we’re continuing to jump all over the map. As I say I know we’ve got two delegations. First I believe its F and J. And I’d like to, I know there are a lot of people here for the bid district agenda item so if we could go to those delegations first then we’ll go to that agenda item, then we’ll come back and finish out the delegations. The Clerk: 9 DELEGATIONS F. Mr. Brad Owens regarding opposition to the Business Improvement District (BID) as the Property Manager for the Dorris Building LLC, 930 Broad Street, Suite 2006. Mr. Mayor: And if you could keep it to five minutes, please, sir. Mr. Owens: You bet. Do I need to state my address or since it’s already on the record we’re good to go. Mr. Mayor: Go ahead just for --- Mr. Owens: 1425 Hickman Road is my address. I’d like to thank the Commissioners Mr. Mayor thank you for hearing me today. I stand before you to speak in opposition of renewal of the Business Improvement District Tax. At some several meetings I was at the one that happened last Monday where a lot of questions were raised. But there’s three simple reasons that my partner and I don’t chose to support this and ask you not to support it. The first reason is because the current BID was hired CADI. And CADI did not live up to the expectations. It didn’t do what we were told it was going to do. The number one thing that’s highlighted in the July 2007 minutes where the first BID was passed it says that the generally the services are security as well as cleanliness and sometimes promotion and advertising. But I think as it was stated at the Committee meetings there was no real security aspect to it. Some of the CADI folks have received some training but it wasn’t very specific as to what type of training it was or how it was going to go. So that’s one. Two was how the Board of Directors was elected. In the notes from July of 2007 it said that the Board of Directors would be elected from the property owners that pay the tax not the property owners that supported the tax but 100% of the property owners that were in the district. And I can speak for the owners of the Doris Building and tell you they were never contacted to vote on this or to nominate anyone or to elect anyone. So this Board of Directors that sits now that controls this well I guess over $1 million dollars worth of tax money and how it’s spent downtown really is not answerable to anyone. We’ve looked for it, we can’t find out who’s on the Board. We can’t find out how to contact them and have the issues addressed. That’s one. Two, a disproportional tax rate. It was, we found out later on that the Marriott and the Riverfront LLC was able to negotiate a lower tax rate than the rest of the property owners in the district, there’s two zones. That was not something that I remember hearing about in the beginning of it and certainly it wasn’t in any of the 2007 July notes where it was passed. So being that every property owner is willing to provide the services that CADI was providing wasn’t able to negotiate their own tax rate. We see that as a, well a problem with the way it works and we don’t agree with it. And the third is for pure economics. As a property manager I’m newly appointed to that position and I’m finding it very difficult to find tenants for the buildings downtown that we own. One of the problems is, is that you know you’ve got to give someone time with a new business to get in and get their head above water, incubator. So we’re willing to negotiate you know graduated lease rates and things like that. But this is a third level tax. It’s a third tax put on us downtown so we have two choices. We can either pass this along to our client or we can take it out of our very small profit on these buildings which were very expensive to refurbish. So those are the three reasons that we opposed it and we would ask today that, it doesn’t matter how many people would sign the petition we’d like to see a copy of 10 the petition. We can’t get a copy of that to see who signed it. But we would ask you to deny it and deny it based on the actions of what’s happened in the last five years. Not what was promised because we have no control over what was promised but we know what was promised last time and what was delivered. So we would ask you to deny this regardless of the number of petition signers that you’ve got. And I’ll take any questions. DELEGATIONS H. Ms. Elizabeth Nash, Hillcreek HOA regarding the rezoning of the Mays property. Mr. Mayor: Okay, thank you, sir. Going to delegation ‘J’. And just for clarity I noticed that ‘H’ was Ms. Elizabeth Nash from Hillcreek Homeowners Association. I believe that, has she left or? Mr. Russell: She’s withdrawn her request to speak, sir. Mr. Mayor: Okay. On to ‘J’ please. DELEGATIONS J. Ms. Robin Schweitzer regarding BID/CADI. Ms. Schweitzer: Mr. Owens pretty much said what I had prepared to say but I will add to it. Five years ago the proponents of this BID were so sure it would spread like mayonnaise that they were convinced that it would go to the five, six and half of the 700 blocks that were eliminated and are still eliminated as of today. The only thing that I can ask is that from what I’ve been told only four votes have pushed their petition. I ask that you consider the other 49% of us before you recommend passing this. Thank you. Mr. Mayor: Thank you, ma’am. Commissioner Lockett. Mr. Lockett: Ms. Schweitzer, this is either for you or Brad or whomever would like to respond to it. But I have official Code of Georgia annotated 36-43-5 for 2012 and it deals with the Business Improvement Districts. And it says that at least 51% of the municipal tax payers as shown by the most recent list of taxpayers billed by the municipality of the districts proposed for the creation or extension. And I’m assuming since this is already in existence as this is an extension. And it goes on to say in subparagraph three that the petition shall be presented to the governing authority or the municipality which shall refer it to the appropriate municipal departments for review of its sufficiency, reasonableness of assessment and financial feasibility of the plan. These departments shall submit to the governing authority reports which shall approve of, disapprove of or give qualified approval with modifications to the district plan with reasons there forth. The governing authority shall hold a public hearing on the issues of what assessed districts should be created provided that notice of the hearing shall be placed in a newspaper of general circulation in the community at least ten days prior to the date of the hearing. And it says the governing authority may approve, approve with modification or disapprove the plan. Are you aware of that? Have you seen such a plan? Do you know if these things have been done? 11 Ms. Schweitzer: No, sir. Mr. Lockett: Mr. Owens, are you aware whether or not these things have been done? Mr. Mayor: And actually I’m supposed to call them to the stand. Mr. Lockett: Oh. Mr. Chairman --- Mr. Mayor: Mr. Owens. Mr. Lockett: --- would you please call Ms. Schweitzer, let me ask her a question. I apologize. Mr. Owens: Begging your pardon, Mr. Mayor. No, sir, not that I’m aware of. We’ve never seen it. Mr. Lockett: Thank you, Mr. Chairman. Thank you, Ms. Schweitzer. Mr. Mayor: Commissioner Bowles. Mr. Bowles: We’d just like to thank my retired esteemed colleague for his diligent research. And more importantly, Bill, I think not only have the taxpayers not seen this information but we’re supposed to vote on it. What have you seen? Because I haven’t seen anything. Mr. Lockett: If I may answer, nothing. Mr. Mayor: Okay. Okay, thank you, gentlemen. And, Madam Clerk, now let’s go the agenda item in question. The Clerk: FINANCE 36. Motion for the continuation of Downtown Augusta Business Improvement District by Director of Downtown Development Augusta. (No recommendation from Finance Committee December 10, 2012) Mr. Lockett: Mr. Chairman, move to disapprove. Mr. Jackson: Second. Mr. Mayor: Okay, we have a motion that’s been properly seconded. Mr. Russell. Mr. Russell: Mr. Mayor, members of the Commission I was asked to hold a public hearing in relation to this and did so today after proper notification at 3:00 o’clock. There were ten speakers at that particular hearing and seven of which spoke in favor of the BID three of 12 which spoke against it. Each was given five minutes to do that and that was at the request of Margaret to do that and I did so. Mr. Mayor: Okay. Mr. Lloyd. And if you could keep it five minutes and give your name and address for the record, please, sir. Mr. Loyd: Good evening, gentlemen. My name is Sanford Loyd and my home address is 711 Woodgate Court in Augusta Georgia. I want to thank you for the opportunity to make a presentation of behalf of Clean Augusta Downtown Initiative better known as CADI. This is a program that was put in place to enhance services that already provided by Augusta Richmond County. And this program was voted on initially and approved in 2007 and the program ran through 2008, 2009, 2010, 11 and 12. This program was funded by a tax that was approved by the majority of the property owners in addition to any tax that is currently assessed to them. During that period of time the program itself did all that it could to do the things that were in the initial outline. And just like Mr. Owens has said, we don’t know what’s going to happen tomorrow. The same thing is true of anything that you do. You don’t know what’s going to happen tomorrow. You take what you have to work with and you adjust as you go along. To get this program renewed required again to go back to the property owners, get them to sign petitions and we would not be standing before you today if we did not get 51% of the property owners to sign those petitions requesting the renewal of the current program. We did get more than 51% of the property owners to sign a petition saying they support the renewal of the program which is why we stand before you asking you to honor that request and approve the renewal of the Clean Augusta Downtown Initiative Business Improvement District Plan that we begin in 2013 and run for an additional five years. The supporters of this plan wholeheartedly agree that the benefits that will come to Augusta Richmond County not just for downtown but the whole county included will be a tremendous benefit. There’s been a lot of questions about the plan. There’s been questions about its operation. The plan itself sent out survey’s to request peoples comments in ways that we think will help improve the program. We are committed to implementing any and all things that will make this program better because we know how much benefit Augusta Richmond County will receive from this program’s continuation. We have nothing to hide from anybody, have never had anything to hide from anybody. The program itself is run by the property owners of downtown. That is Board of Directors. They make the decisions. They are responsible for the actions of the program. If there are any questions that myself and Paul King here can answer we’d be more than happy to do that. Both of us are petition signers and both of us thoroughly support the continuation of this Business Improvement District. Mr. Mayor: Okay. Mr. Loyd, what was the actual percentage that was the final percentage? Mr. Loyd: Fifty-two. Mr. Mayor: Fifty-two percent. And I would just say it seems to me if you know we live in a democracy and if 52% of the property owners and that was the property owners not the value property owners but the total property owners. 13 Mr. Loyd: Right the number of total property owners. That is correct. Mr. Mayor: It seems to me that we should go with the will of the people on this one. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I would just like to say for the record I do not have an issue per se with the theory of the CADI program. But I think there’s clearly some things in there that need to be addressed. And I think a lot of them haven’t been addressed here. And I know one of them Ms. Woodard spoke last week about and we asked the question about the bylaws and so forth. We didn’t have any answer and she didn’t have an answer at that time as it relates to I think the new bylaws that she spoke about. And from my perspective I think the downtown merchants, not the building owners but the merchants need to be more involved in the procedures and have a voice if you will to talk about those things that they want to see happen. And secondly I think you know as far as understanding the first five years has been a trial error you know what you can and can’t do. But I think you need to put that on the table and a plan to move forward and say okay we can’t accomplish this however the security aspect of it that you initially talked about you cannot pretty much control or implement. And I think you need to go back to the drawing board and look at that. And from my perspective that’s what I would need to support this is a clear plan and path forward with the revised of plan of bylaws that would include those merchants so they can all be inclusive. Because don’t get me wrong the building owners are the owners of the property but those business owners those are the people who bring the customers into downtown. And they need to be inclusive in the process. So I think that’s where, that’s what I need to be comfortable moving forward. Thank you, Mr. Mayor. Mr. Mayor: You want to respond to that, Mr. Loyd? Mr. Loyd: The response to have of course is naturally that this plan, this program is open to suggestion and coming from anybody. I do have to though make it perfectly clear that the property owners are the people who actually pay the tax. And so it’s them that would have to and by law per the approval of the program by the law that’s who has to be the petitions have to be signed by. But in terms of all of the business owners and I think their Downtown Merchant Association in terms of hearing what their complaints are or their suggestions are in terms of how the program could be improved could give greater benefit. We’re completely open to that. Mr. Owens: Commercial, I just want to add commercial property owners managers like myself want our tenants to be very happy. It’s on the top of our list. You wouldn’t do something that we thought would make them unhappy. I had my tenants have called me and saying please keep this program going. It’s made downtown much cleaner. Mr. Mayor: And just for the, and I’m, Commissioner Bowles, I’ll recognize you then Commissioner Aitken. But just for the point of clarity I think in transparency if this is not approved this year what then happens. I think the Commissioners need to know that. We need to make everybody aware of it. Mr. Loyd: If the program is not extended December 31 of course everything comes to an end, it’s terminated. But then the process will be to determine whether or not there’s a desire to 14 go through the process again in terms of trying to get it approved at a later date or some later start time. Mr. Mayor: Okay. Commissioner Bowles, then Commissioner Aitken. Mr. Bowles: I’ve just got two questions for you, Sanford or Paul, I guess if ya’ll want to help me out. The selection of the board members. How is that done? Mr. King: Well, the original plan this was five years ago so I’ll do the best I can to recall this. I was on the steering committee, I was not on the original board but it was modified that the bylaws, well they weren’t changed going in but the bylaws were set up to be attractive to get the 51% that was needed at that time. But I think that has led to flaws in the organization. And those are flaws that we recognized. And there are three things that we want to change and will change going forward with the program. One is the way the board members are nominated and selected. Currently there’s slots for like a property manager, a slot for retail owner and stuff like that. And it’s just people feel like they’re excluded and we thank that’s wrong. And we want the nominations to be wide open to all property owners, all 214 property owners, 221, pardon me, who are in the district. And that’s what we’re going to do going forward on that item. Mr. Bowles: Okay, so ya’ll will admit that the previous selection process was basically -- - Mr. King: It was flawed. It wasn’t, you know, I’m not going to tell you it wasn’t, there’s no way around it. It was flawed but it was a lesson we’ve learned. The three things we’ve learned going forward are the selection of the board was flawed. It needs to be wide open. We need to make sure everyone feels included. There’s been communication problems from the board tied to the flawed origination process where the board has not, you know announced their meeting. I didn’t know when they were and I’m a significant property owner down there. Mr. Bowles: Question two is are there any tax rate variances for certain property owners. Mr. Loyd: There are. I mean there are two --- Mr. Bowles: Well, you don’t have my support then. That’s completely unfair to every other business that doesn’t like this. Mr. Loyd: (inaudible) give us an opportunity to at least say why there are, I mean I can understand (inaudible) --- Mr. Bowles: I can guess why. Because you want to treat certain property owners different than others. Mr. Loyd: No, that’s not the reason why. Mr. Mayor: Okay, let’s give Mr. Loyd a chance to respond. 15 Mr. Loyd: The reason why there are the different zones is because of the actual services required in a particular zone. That particular zone requires less services and got less services than the rest of the zones. That is why. In fact the property owner in that zone that’s not the only piece of property that that property owner owns. The rest of them are at their regular rate. But that’s the reason why. It wasn’t because we were trying to give somebody else. Mr. Bowles: Okay, I could --- Mr. Speaker: (unintelligible) Mr. Bowles: --- accept that but there are 49% of the property owners that are struggling to get by and they can go out and clean their own sidewalk. So I mean I don’t necessarily like that argument. Mr. Russell, who validated this petition on behalf of the city? Mr. Russell: The only thing we’ve been asked to do, sir, is do the public hearing. We’ve been often asked to validate that. The Clerk has that in her possession. It was delivered today. But we have not looked at it in any form to validate it. Mr. Bowles: I don’t feel comfortable voting on something that is presented to us without a doubt with people who wanted this thing to pass. And I’m not saying anything happened but we need to compare the tax rolls to this petition and verify that there actually is 52%. Mr. Loyd: The roll itself came from the Tax Assessors Office. That’s where we got the information from --- Mr. Bowles: Who’s validated that for me? Mr. Loyd: I don’t know, sir. Mr. Bowles: Because when I have phone calls coming out from government agencies encouraging business owners to support this I have a problem with that to begin with because they’re working for the government and they’re trying to strongly encourage people to approve something that is going to increase their taxes which I think is kind of haphazard. Mr. Mayor: Commissioner Aitken. Mr. Aitken: Mr. Mayor, on behalf of the 49% I think is we unify downtown it’s time for us to, I want to make a substitute motion but I don’t think some of the questions have been answered on behalf of the 49%. As we look at the tax rate I think that’s a real big issue that we need to really get strong clarity on how do we how we justify that in the zoning. I think the communication that we haven’t had with the other 49% that may opposed to it. I think that that’s a, we’ve got to raise the bar in what we’re doing with the CADI Program. I feel like a lot of people may have felt left out of this process and how we do that and I think you know they have not living up to the expectations. You know how do we clear that up? I think 2013 is a very important time in this city. With a lot of things that are coming down the pike I think it’s on 16 CADI board to help us get to that point where we can support you in a way that answers these questions on behalf of those that are here. Mr. King: Commissioner Aitken, I’m sure that you know we would accept in terms or conditions the duration of the program specific things you want us to do like with respect to the st creation, establishment of the board. But as of December 31 we’re going to lay off seven people and seven people who were working hard downtown to keep it clean to get ready to have the TEE Center open next year we want to keep downtown clean. I’m involved with Historic Augusta we have twelve people working with Historic Augusta. Twelve downtown property owners getting ready to do large tax credit projects primarily on Broad Street in 2013. They’re investing in downtown because they like it they like the program and 52% supported it. But we’re open to modifications. We just want to keep it going through the end of the year. Mr. Aitken: Mr. Mayor, I would like to make a substitute motion that we support it with the stipulations that we look at the tax rate, board process and how we do the communication on behalf of the merchants downtown to help clarify and build that team that we need to do on behalf of the merchants downtown. Mr. Mayor: Okay, that’s a substitute motion to approve with those stipulations. Okay do we have a second on that? We have a second --- Mr. Lockett: No, there wasn’t no second. Mr. Mayor: Commissioner Hatney. Mr. Hatney: One other thing I think needs to be added there is there should be only one district, one tax district. There shouldn’t be no for or privileged. Mr. Mayor: Okay, are you including that in your motion? Mr. Aitken: That will be fine. Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. We’ve been trying to get information for quite some time and I think finally I’ve heard you say that there was a flawed system in place which I didn’t hear when I was asking questions last week so I appreciate that. I don’t think there is an individual up on this dais and I don’t think there’s anybody in this room that does not want downtown to succeed. However if we talk about perception for a second there is a negative perceptions as it relates to the CADI program and perceptions become people’s realities. One thing I want to clear up as far as this Commissioner is concerned from the phone calls that I’ve taken and the emails and so forth this is not a referendum against the employees of the CADI program. It’s not that at all. That’s for sure. What it is though it appears to be a referendum against the administration of the program and or the administrators of the program. What I heard you say in reference to the disparity between property zones and the tax rates the question, I asked that question last week and I also asked the question was that something that was offered 17 to all property owners. And the answer was no. And that did not set well with me from that standpoint because I felt as though everyone should have been given an opportunity to say whether or not I would be willing to you know do the extra clean up or whatever and I’ll be taxed but at a lower rate. You made note also of the fact that one of the biggest property owners certainly the wealthiest has chose not to be a participant or did not want to participate even though he’s getting a lesser rate on one of his major properties. That, there’s a lot of questions and there’s more questions in my mind than there are answers. And for me there’s no way today that I could support this with the basically the exact same language that was brought forth five years ago. There’s no one in this room that can tell me that a program, yes, sir, Mr. Mayor. Mr. Mayor: Time’s up, do you want to be recognized --- Mr. Mason: Thank you. There’s no one in this room that can tell me that there would not be any improvements that could take place in the administration of this program. And maybe that’s not even what you’re saying. But the point is, is that with the language currently the way that it is I’m not prepared to move forward in support of that currently. One of the issues I do have and I heard you say that the property owner certainly is the one that pays the tax and I can respect that. But also I want to respect the business owner who’s operating out of that business because even though the property owner has, first of all they don’t have to pay the tax. But even though they’ve chosen to pay the tax it’s the business owners that’s operating out of there and their voice should be heard in some capacity. This is a democracy, it is the United States of America and they ought to have an opportunity to weigh in on some of the things that’s going on because they are in fact just that, business owners. But the main point that I want to make is that this is not a referendum against the CADI employees in any way, shape or form. It’s just unfortunate that you’re going to get caught in the middle and the way that this is written it’s either all or nothing. And so I do want to say this is not a referendum against the employees as far as I’m concerned. Mr. Mayor: But I do want to tag on something that you said Commissioner Mason. When you say it’s a democracy 52% of the property owners have approved this and signed on. And I think we’re in a slippery slope when the vote’s been taken, it’s been counted you know if we approve the SPLOST and then went back and said well there’s only 51% were not going to start collecting monies. But my concern is I’m just going to tell you it’s going to be voted up or down. But we can’t approve a program that’s not in place. And when those property owner’s downtown and businesses start calling when trash is piling up and the sidewalk’s dirty and we don’t have the city, you know resources to supplement it and that’s going to happen. Just mark my words. Mr. Mason: I can appreciate that, Mr. Mayor, but if I can respond because you made reference to me on my statement. Just very briefly want to say this. I agree with everything that you’re saying 100% however what could’ve happened and nothing stops this from happening is those things that we know that are an issue and have been an issue could have been addressed and brought forward today with the plan moving forward. So I understand what you’re saying. But in hindsight if we’d be proactive versus reactive and it’s already out there that there’s perceived and real issues instead of ignoring them and hoping that we’ll fix them sometime down the road we have to start being more proactive listening to the citizens, listening to the 18 business owners and say hey, let’s address these issues because we care enough about you. And we care enough about this city. Let’s address them and here’s the new way that we’d like to move forward who’s all in agreement and I think we would have had some better results. Mr. Mayor: Okay. Commissioner Hatney, I know you’ve got to go. Mr. Hatney: But one of the things that I’m concerned about and then you say it’s not a referendum against the employees and it’s not. But at the end of the day I do believe that it would be good wisdom to simply allow these folks to go forward on a 60-day basis and all those things that need to be corrected be brought back to this body. And if it’s not done then you can discontinue. But to tell folks the day before Christmas that they don’t have no job that ain’t right. At the end of the day it’s not right. Mr. Mayor: Okay, hang on. Would you like, can we legally do that Mr. MacKenzie or do you know? We’re getting into a gray area here because we’re dealing with state law. Mr. MacKenzie: Provisions that authorize the BID do allow for the BID to be modified or even rescinded even after it’s approved. So there could be provisional approval and you could address the issues that have been raised here. And you can amend the plan at any point in time. So it could be approved on a provisional basis subject to revision by this body. Mr. Mayor: Okay, so we can approve it say given 90-day opportunity, they come back and provide the information for us shows they made the changes. And it can then be either not adjusted or rescinded. Mr. MacKenzie: That’s correct. Mr. Mayor: Okay. Mr. Russell. Mr. Russell: That takes care of the technical aspect of either moving forward or not. st What you’re faced with is whether or not on December 31 that the program ends if you’ve done that. If you come back three months from now and say you’re not going to collect the taxes if you assume you’re moving forward you’ve got three months of operations that’s not funded. So you’ve got to be real careful about that. I mean I, you need to be careful about that. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor --- Mr. Lockett: Mr. Chairman, you called on me a while ago. I never had the opportunity -- - Mr. Mayor: I apologize. Mr. Brigham: I hadn’t had an opportunity to speak on this issue yet. I would appreciate that. 19 Mr. Brigham: Go ahead, Commissioner Brigham, and I apologize, Commissioner Lockett. It’s kind of been going all, bouncing all around the room like a ping pong ball. Mr. Brigham: If this was an election which it is sort of an election I didn’t know that 49% automatically became a majority because they were the loudest. I don’t agree with everything that’s been done in the CADI program but we are here to represent the majority of citizens. Now we can modify ordinances we can change methods but we’re here to represent the majority. If we didn’t get a majority we wouldn’t be here. Now I don’t know that these names have been verified. I think they need to be verified. But I don’t think we have much of a decision. We can either approve it subject to verification or not but otherwise we’re going to take this whole system and just say all you’ve got to do is come down be loud, protest, wear shirts, stand up, holler and we’re going to do whatever whatever the person hollers the loudest. But we don’t see the majority of the 221/23 people that voted. They’re not here. How do we know? If they were here we could have them stand up and say did you sign it or not? Then we don’t even know if they’re actually that person. You know actually in Augusta you can vote and live at lots with vacant houses no houses on them. So you know the whole system but we have to look at the results. We have, whether I like it or not we have to represent the majority. Thank you, Mr. Mayor. Mr. Mayor: Okay and just for clarification we could approve it based on Commissioner Aitken’s substitute motion but going into if we wanted to rescind it at any given point next year we have the option to do that. Correct, Mr. MacKenzie? Mr. MacKenzie: That’s correct. Mr. Mayor: Okay. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Mr. Loyd, Mr. King. Mr. King, I think you said you have some properties downtown. Are you passing this tax onto your tenants? Mr. King: Not directly, no. Mr. Lockett: How about indirectly? Mr. King: Every penny I live off of comes from my tenants. Mr. Lockett: You know ya’ll have had five years to tweak this program. Mr. King: Sir, I was not running the CADI program. Mr. Lockett: The CADI program and its leadership have had five years and now you’re at the midnight hour wanting to talk about all of the changes that you contemplate making. You all are costing this city a $1,000 dollars a day, $1,000 dollars a day. You know I kind of look out for the 48% because I know just a couple of days ago ya’ll didn’t have the 52%. I don’t know what you did to get it. In fact I don’t want to know what you did to get it. But I’m supporting 20 the 48%. And lastly I heard the word democracy used several times this evening. Democracy, one person one vote. Donald Trump doesn’t get more votes than Bill Lockett but with your program it hadn’t been that way. Thank you, Mr. Chairman. Mr. Mayor: Okay, Commissioner Bowles, I think I’ve recognized you twice. Mr. Bowles: I just, I’m just glad to say Bill, a life-long Democrat, is now supporting Mitt Romney. Mr. Mayor: Okay, I think we’ve discussed this, wait Commissioner Guilfoyle you. Okay, we have a substitute motion that’s been properly seconded. Mr. Johnson: I’d just like to add I think you said 90 days. It shouldn’t have been 90. I think it should’ve been 60 days. Mr. Mayor: Well, we don’t have to add that in because we have the opportunity at any point next year to see how it’s going. So I mean we can cancel it whenever we wanted. Correct, Mr. MacKenzie? Mr. MacKenzie: Correct, you can modify it at any time. I would suggest though that it is subject to verification of the proper approvals from the property owners so we can make sure the requirement is met. Mr. Mayor: Commissioner Aitken would like to include that in his motion. Mr. Johnson: Well, I think what I’m saying is that we were talking about extending it until we get that information that was requested in the modification. And of course making sure that you know we verify the votes of course those who voted. But from my perspective I think you need to extend it. I wouldn’t say approve but maybe extend it and then based on once they come back with the proper information then we can proceed forward. But that’s why I was looking to --- Mr. Mayor: Mr. MacKenzie. Mr. Johnson: --- go with this. st Mr. MacKenzie: Technically the first five year period BID will expire on December 31 so it will be the approval of a new BID that starts the new-year a new five year period. And so if you want to put conditions on the approval of the new BID you’re not technically not extending the existing BID because it expires. You’re going with a new BID. You’re just subject this motion will be subject to verification that the appropriate signatures as required by the statute have been acquired. And if you want to put a condition on it to make it provisional within the first 60 or 90 days you can do that. As the Mayor says the statutory regime allows it to be modified or rescinded at any point in time. You don’t have to put a 60 or 90 day period because you can rescind it within 30 days or the next time you bring these issues up for discussion which apparently need to be addressed. So I think that’s the issue he addressed with that. 21 Mr. Johnson: What I’m saying is you need to give them a timeline though, correct? They need to know when they need to have this information back to the Commission. That’s why I put it (inaudible). Mr. Mayor: I think how we get there is to approve it and also include in the motion for the CADI team or leadership whoever to provide us a full report and update on the issues to be addresses within a, do we want to say 60 or 90, 60, within a 6-day period. Can you include that in your motion, Commissioner? Okay. Okay, Madam Clerk, do you have all that? The Clerk: The substitute motion was to approve the program with the stipulation that the tax rate zones be looked at, the process of the election of the board, the level of the communication, that the verification of the property owners who voted be checked. And I believe Mr. Hatney had one I missed. I believe you had one amendment I missed. Mr. Hatney: That there be only one zone. Mr. Mayor: That’s in there. Mr. Hatney: There’s two zones now so we really don’t need but one. Mr. Mayor: That’s in there. And then that the leadership of the CADI program report back to this Commission, and I’m going to say within 60 days so that they can if you get it faster than that’s the faster the better. Mr. Mason: Mr. Mayor, how are we paying for this? Mr. Mayor: What’s that? Mr. Mason: How are we paying, what are, where are these funds coming from? No, I mean, because that one’s over so I need to know how we’re paying for moving forward. Mr. Hatney: The taxes are going to be collected. Mr. Mason: I need somebody to tell me though. Mr. Mayor: Okay, Mr. MacKenzie, do you want to? Mr. MacKenzie: Sure, this would be the implementation of a new Business Improvement District which would authorize tax collections similar to the previous BID. So it will be paid for by additional tax funds for this program. Mr. Mayor: Okay. Mr. Russell, you’re shaking your head. Mr. Russell: That’s assuming that it goes forward. My concern is if we after 60 days have decided that it doesn’t work at that point or we can’t come to an agreement on what we do 22 we’re 60 days into a program that has not been funded. I had talked to them and they say they have 30 days of reserves that they can cover. And I would be more comfortable if we did this within 30 days so that we’re not creating an obligation to the city or anybody above and beyond the payment that would be available. So --- Mr. Mayor: Okay, could we amend that to say within the first 30 days of the new year? Mr. Hatney: We’ve got to get it done. We’ve got to get it done. It’s not an option. Mr. Mayor: Okay. Mr. Brigham: Mr. Mayor, point of inquiry. Do we also include the validation of signatures? Mr. Mayor: Yes. Mr. Brigham: Because I missed that. Mr. Mayor: Okay, we have a substitute motion that’s been properly seconded and discussed a lot. Commissioners will now vote by the substitute sign of voting. Mr. Aitken, Mr. Johnson, Mr. Bowles, Mr. Brigham and Mr. Hatney vote Yes. Mr. Mason, Mr. Lockett, Mr. Jackson and Mr. Guilfoyle vote No. Motion fails 5-4. Mr. Mayor: Okay, thank you. No action taken. Okay, Madam Clerk, back jumping around. Mr. Russell: Whoa, whoa, whoa, whoa. Mr. Mayor: Excuse me. Oh, excuse me, I need to vote on the original motion. The Clerk: The original motion was to deny or to disapprove. Mr. Mayor: If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Johnson, Mr. Mason, Mr. Lockett, Mr. Jackson and Mr. Guilfoyle vote Yes. Mr. Aitken, Mr. Bowles, Mr. Brigham and Mr. Hatney vote No. Motion fails 5-4. Mr. Mayor: Okay, no action taken. Madam Clerk, back to I guess it’s ‘G’ of the delegations. The Clerk: 23 DELEGATIONS G. Mr. Doug Frohman regarding a petition associated with the realignment of Berckmans Road. Mr. Mayor: Okay and if you could keep it to five minutes, please, sir. Mr. Frohman: My name is Doug Frohman and I live on 404 Lakestone Way in Martinez. I do have a Berckmans coalition with me tonight that represents several very concerned neighborhoods about this project. I have a business on Berckmans Road. I started a petition to protest the realignment of the road, removing the traffic light at Washington and Berckmans and the construction of the circle in front of the subdivision Willow Creek. We have close to 600 signatures of taxpaying citizens many of whom are your constituents. All of these signers are totally against the project. Gentlemen I have been at this location for 21-years and in all of those years we have never had traffic issues, no congestion, no accidents. The only time there’s congestion is during the Masters. For 51 weeks out of the year everything is fine. The traffic light is crucial for Nation Hills Shopping Center and also my business. The proposed circle fronting Willow Creek has upset all the residents and will cause much confusion and probably some accidents. The reasons keep changing as to why we need this realignment. The first one was congestion and the need the second one was a need for a west corridor. The issue with Berckmans Road is not broken. There is no congestion and you can easily go west taking a left onto Washington Road. Now the TSPLOST has passed and you have the money for improving the city and the county. I’ve seen surveyors all up and down Berckmans for months trying to speed this project up. Why does this project take precedent over the other districts? I know of several projects in South Augusta that have been on hold. District 1 has many issues especially downtown with uprooted sidewalks and potholes. I imagine all you Commissioners could use some of those TSPOST funds for your individual districts. This money should be for improvements in the infrastructure of this community. One could question if this Berckmans Road project is an improvement. Who does this project help? Why do the taxpayers have to pay for a road that is not broken and causes no problems? It seems our Commissioner in District 7, Mr. Jerry Brigham has thrown his constituency under the bus. He’s not listening to the taxpayer. This project doesn’t benefit the taxpayer in any --- Mr. Brigham: Mr. Mayor, we --- Mr. Mayor: Sir, if you could please not make it personal, please. Mr. Frohman: I am asking all of you Commissioners to rethink this Berckmans Road realignment project. And look at your districts to better spend this money for projects that are needed to improve this community. You are representing us the taxpayer. You have a duty and have taken an oath to spend our money wisely on projects that benefit this community. The Berckmans Road project is money spent unwisely and does not serve this community well. Gentlemen, there are 52 weeks in a year. Spending 16-20 million dollars for one week in the year is truly taxpayer money wasted and not judicially spent. Mr. Mayor: And you’ve got a minute forty left if you’d like to take the rest of the five minutes. Yes, ma’am. 24 Ms. Mosely: I’m Marion Mosely. I live at 755 Lancaster Road in the Westwick Subdivision off Walton Way Extension. I think there are thousands of people in our neighborhood. I have many friends at First Baptist, Aldersgate, the Lutheran Church, Covenant Presbyterian, Reed Memorial, the Church of Good Shepherd, Trinity on the Hill et cetera. I don’t know a single solitary soul that welcomes this. We are very concerned about the amount of traffic that enlarging that cut through would cause. I never heard a single soul at the Julian Smith Casino hearings that was in favor. I deeply respect the need for our community to improve itself and deeply respect and appreciate the Master’s as a program but it feels like to us ordinary people who live in the neighborhoods for whom this is an artery connecting Walton Way with Washington Road in an easy way to travel back and forth. It feels like to us that the powers that be at the Augusta National are not caring about us. So we hope that you might reconsider. Thank you. Mr. Mayor: Thank you, ma’am. And you were right on time. Thank ya’ll so much. Mr. Brigham: Move to receive as information, Mr. Mayor. Mr. Jackson: Second. Mr. Mayor: What’s that? Mr. Brigham: I make a motion we receive it as information. Mr. Mayor: We have a motion that’s been properly seconded. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Hatney out. Motion Passes 8-0. Mr. Mayor: Madam Clerk, on to the next delegation. The Clerk: DELEGATIONS I. MACH Academy, Inc. RE: Consideration for inclusion in the Augusta-Richmond County Athletic budget. Mr. Mayor: How are you? And if you could keep it to five minutes too, please, ma’am. Ms. Jones: Mr. Mayor, Commissioners, thank you for this opportunity. MACH Academy was established in April 1992 as a non-profit 501C3 Community Organization. We serve children ages 3-18. For more than 20 years we have provided organized after school, weekend and summer activities targeting participants from low and moderate income families as well as disadvantaged youths from throughout the Central Savannah River Area. We believe changes in youth delinquent behavior are achieved by combining a comprehensive approach of 25 personal and social skills development, education, healthy eating and tennis fitness activity. MACH Academy has been able to operate successfully with limited finances over the past 20 years. However changes in the economy, shrinking resources and other factors are making it more and more difficult to continue to maintain our programs and services at the level that we would like to. Sustainability is a critical issue for our out of school programs and services. Time limited grants, narrow funding streams and difficult economic conditions have placed us in a continual struggle to find a stable base of resources to continue our programs and services. Successful students are our most important achievement. Look around you. You can see some of them. During the past 20 years we have assisted hundreds of MACH Academy participants to secure academic and tennis scholarships to colleges and universities throughout the country. From 2008 to the present time MACH Academy has helped students achieve scholarships totaling over $289,000. That’s impressive and we’re very proud of that. MACH Academy programs and services have closed opportunity gaps that many children and youth from low income families face. We need your help to continue to provide program support and opportunities for these children. MACH Academy is requesting to be added to the Augusta Richmond County Athletic Budget to help provide staffing and program operational support. Mr. Mayor: Okay, thank you, ma’am. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Ms. Jones and Michael, glad to see ya’ll. First of all MACH Academy is not in my district but I’ve been by there on several occasions. And their program is so impressive. And they have little toddlers all the way up and it’s just countless number of people that have gone on to college with scholarships because of the MACH Academy. I mean it’s just an outstanding program but what’s happening to them Mr. Chairman is they are having a difficult time keeping tennis pros on the payroll because somebody else has offered them money that the MACH Academy can’t afford to pay them. And they will leave and many instances they’re taking their students with them which is a bad impact on MACH Academy. So I would, I’ve talked with the Administrator about this and I would hope that we would be willing to give them the support because we’re sending young people to college as opposed to Webster Detention Center. And I think this is a big deal. Thank you, Mr. Chairman. Mr. Mayor: Okay, and I will say I strongly support MACH Academy. I’ve been out there and spoken several times. Not been out there to play tennis with ya’ll yet but that is coming. Yes, sir. Mr. Harden: Yes, good evening, Mayor and Commissioners. I just wanted to identify a few of the MACH participants that have come with us today. We have Alisha Ortiz. She’s a sophomore at Florida A&M University. Alisha’s been with us since she was nine years old and she’s on a tennis scholarship at Florida A&M University. Raise your hand Alisha. We have Nyima Simpkins. She’s a sophomore at Fort Valley State University. Raise your hand Nyaima. We have Jessica Taylor. She’s a sophomore at Alabama A&M University. We have Jayla Scott, freshman at North Carolina A&T scholarship. Raven Fair a junior at Columbia College. Okay? Sequia Provost sophomore at Prairie View A&M University and Acquila Provost freshman at Prairie View A&M University. And just wanted ya’ll to see a face to some of the kids that come through our program. 26 Mr. Mayor: Thank you, sir. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. And thank you all from MACH Academy for giving us that brief. Two questions or concerns that I have in relation to your consideration. One you didn’t really say what it was you wanted us to consider in terms of a dollar value. And I think that’s important. You don’t want to leave it up to us. So we kind of need to know what your needs are and obviously what they would be line itemed against. Secondly would be we’ve gone through a portion of our budget process already and I’m wondering was there a request placed in prior to us voting on that budget some month or two ago. Mr. Harden: To answer your second question we did not make that request at that point in time. And we understood that it was appropriate to come and make that request at this point in time. Mr. Mason: Well, you can make it at any point. I do want you to understand that but the likelihood or the better likelihood for us to have had those discussions as we’ve had some budget sessions and different things as well but I still didn’t hear specifically what kind of dollar figure are you referencing so that we can make a decision as to whether or not that’s even feasible or if that’s something we can even take into consideration. Mr. Harden: Yeah, we were requesting $50,000 a year. Mr. Mason: Mr. Mayor, I would ask the city Administrator to respond to that if he could in terms of it that’s something that’s available or if that’s something he would recommend --- Mr. Mayor: Mr. Russell. Mr. Mason: --- the whole deal. Mr. Russell: Obviously with the pressures that they’re facing and we as a city are facing those kinds of pressures also that would be a large amount for us to give. I’m not too sure what we do on a regular basis now. Mr. Harden: We’re currently not in your budget at this time. Mr. Mayor: Historically, haven’t you been though? Mr. Harden: We’ve been with the Housing Authority. We were getting, this past year we got $12,000.00 from the Housing Authority, yes. Mr. Russell: You know obviously with any budget manner at this point there would be either a reduction in something else or increase in revenue stream to get you to that particular determine how we could better point. If you would like for me to meet with them and quantify that $50,000 dollars and determine what that would buy us and move forward I’d be more than happy to do that and look at that and give you a recommendation. 27 Mr. Mason: Would you like to make a motion to that effect, Mr. Mason? Mr. Mason: I will make a motion to that effect, Mr. Mayor. Mr. Johnson: And I’ll second it. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I would just like to say I was going to just encourage that the two parties get together with the Administrator and do discuss a means to maybe being able to help not only now but for the future if you will because you guys do have a great program there Mike and Ms. Jones of course. And I saw it with my own eyes and have been out there as well and what you do for these young people is great because they do go off with scholarships and they don’t have to worry about funding, just the education which is a great thing. We need more productive programs like this. This is where our dollars need to go into investments like this. These young people are going to come back and they’re going to be taxpaying citizens. They’re going to be homeowners you know they’re going to be mothers and fathers and leaders so we need to invest in these. This is our future and we need to invest in it so no dollar amount of course understanding the pressures you know we should be able to come up with something that would be suitable enough to try to help. Not just today but moving forward in the future. So if you will definitely get together on that and I did second that motion, Mr. Mayor. Mr. Mayor: Okay, Commissioner Brigham and then Commissioner Bowles. Mr. Brigham: Mr. Mayor, there’s a lot of worthy non-profits in this county. This is not the first one. If we do this you will see you will see many, many more all with worthy causes and worthy affects that need to have funding. Whether it would be for indigent care, for the homeless, for you they will all come visit you. You need to have a process. You need to have an amount but you don’t need to go willy nilly and fund just anybody that shows up. Mr. Mayor: Commissioner Bowles. Mr. Mayor Pro Tem. Mr. Bowles: Thank you, Mr. Mayor. While I’ll try not to be as blunt as my colleague next to me you know just recently we removed the boxing club off of the athletic budget. And so if I think if we’re going to look at adding people to the athletic budget we need to take a look at an all inclusive approach rather than piecemealing specific groups together. That’s just my warning to you in the future because it seems with the fiscal cliff it’s going to come the end of charitable contributions. Sorry, Reverend, but you’re going to see non-profits and churches losing a lot of revenue in the years to come if they do that. So there will be a lot more people up here for ya’ll. Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. This motion was just to for Fred to get in contact with the --- 28 Mr. Mayor: Yes. Mr. Guilfoyle: --- MACH group. We do have to be conscientious. We have not set a budget yet, gentlemen. Last year Elizabeth Jones came up before us with Shiloh Community Center and we actually as a group actually helped them by doing fish frys to raise money. And there’s other ways than coming before this council to figure ways to make money. Thank you. Mr. Mayor: Okay, thank you. We have a motion that’s been properly seconded. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Brigham votes No. Mr. Hatney out. Motion Passes 7-1. Mr. Mayor: Thank you, Madam Clerk, and thank ya’ll for coming in. And thank ya’ll for being exemplary representations for this city. Thank you. Fine young ladies. All righty, Madam Clerk, I think we’re on to the consent agenda. The Clerk: Yes, sir. Our consent agenda consists of items 1-31. And for the benefit of any objectors under the Planning portion of the agenda I’ll read the item and if anyone has an objection would you please signify your objection by raising your hand. Item 1: Is a request to approve a petition for a Special Exception to establish and Adult Day Care Center on property located at 1899 Central Avenue. Item 2: Is a request to approve a petition for a change of zoning from Zone LI (Light Industry) to Zone A (Agriculture) and Zone R-1 (One-family Residential) affecting property that contains two tracts at 3964 Peach Orchard Road. Item 3: Is a request to approve with the following conditions that the only use of the property be a transportation service as described by the petitioner in his testimony before the Planning Commission or those uses allowed in an R-1C (One-family Residential) Zone for properties located at 1102 Pine Street and 1108 Hopkins Street and P-1 (Professional) Zone for properties located 1001 Eleventh Street. And the second condition the existing chain link fence be fitted with dark colored translucent material known as windscreen or privacy screen. This is a petition for a change of zoning from Zone R-1C (One-family Residential) and Zone P-1 (Professional) to Zone B-2 (General Business) on property located at 1101 Eleventh Street, 1108 Hopkins Street and 1102 Pine Street. The Clerk: Are there any objectors to those Planning petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Under the Public Services portion of our agenda I’ll read the alcohol petitions and if there is anyone who has any objection would you please signify your objection by raising your hand. 29 Item 5: Is a request for an extension of time to purchase the Alcohol Beverage License for Southeastern Foodservice and Event Consulting located at 1204 Broad Street. Item 6: Is a request for an on premise consumption Liquor, Beer & Wine license to be used in connection The Rub it in Lounge located at 2706 Gordon Highway with Dance. Item 7: Is a request for an on premise consumption Liquor, Beer & Wine license to be used in connection with EROS Bistro, LLC located at 1002 Broad Street. Item 8: Is a request for an on premise consumption Liquor, Beer & Wine license to be used in connection with Edgar’s Grill and Conference Center located at 3165 Washington Road with Dance. The Clerk: Are there any objectors to any of these alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: So our consent agenda is items 1-31. Mr. Mayor: Gentlemen, do you have any additions to the consent agenda? Commissioner Lockett. Mr. Lockett: Mr. Chairman, I have two items for resolutions I’d like to add if I could to the agenda. You want me to identify them or what. Mr. Mayor: One and two? Mr. Lockett: That will work, one and two. Mr. Mayor: Do we have unanimous consent to add these two resolutions? Do we have unanimous consent to add and approve. Mr. Mason: Yes. Mr. Mayor: Okay. Any further additions to the consent agenda? Yes, sir. Mr. Jackson: Item number 33 if that’s no issues with that or do we have to read it? Mr. Mayor: Mr. MacKenzie? Mr. MacKenzie: I’m sorry which item? Mr. Jackson: Item number 33. Mr. MacKenzie: You’ll need to see if there are any objectors to it. Mr. Jackson: Will just roll on with it. Mr. Mayor: Okay no further, oh, Commissioner Brigham. 30 Mr. Brigham: Mr. Mayor, I’ll attempt to add item number 35 to consent. Mr. Mayor: Ya’ll all right with number 35? Okay. Do we have any items to be pulled for discussion? Mr. Guilfoyle: Yes, sir, Mr. Mayor, can we pull number 19 for discussion and, Madam Clerk, would you have me abstaining on number 28 please? The Clerk: Yes, sir. Mr. Mayor: Commissioner Mason. Mr. Mason: Yes, Mr. Mayor, I need to pull items 12 and 14 please. Mr. Mayor: Any further items to be pulled for discussion? Commissioner Lockett. Mr. Lockett: Mr. Chairman, agenda item number 4, 15 and 19. Mr. Mayor: Nineteen’s already been pulled. Mr. Lockett: That’s why I put it there. And I would like to vote no on agenda items 12 and 13. Mr. Mayor: Okay. So we have agenda items 33 and 35 added to the consent. Items number 4, 12, 14, 15, 19. Does anybody feel like I’m calling a Bingo game here, pulled from consent. Can I get a motion to approve the consent agenda? Mr. Jackson: So moved. Mr. Mason: Second. CONSENT AGENDA PLANNING 1. Z-12-69 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Jud C. Hickey Center for Alzheimer’s Care, on behalf of Alzheimer’s Disease and Related, requesting a Special Exception to establish an Adult Day Care Center per Section 26-1(e) of the Comprehensive Zoning Ordinance affecting property containing approximately .23 acres and is known as 1899 Central Avenue (Tax Map 045-3-031-00-0) DISTRICT 1 2. Z-12-71 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Shon Sherman McKinnon requesting a change of zoning from Zone LI (Light Industry) to Zone A (Agriculture) and Zone R-1 (One-family Residential) affecting property containing two tracts: Tract A – contains approximately 7.5 acres and is known as 3964 Peach Orchard Road. (Part of Tax Map 195-0-023-01-0) DISTRICT 8 Tract 31 B – contains approximately 6.9 acres and is known as 3964 Peach Orchard Road (Part of Tax Map 195-0-023-01-0) DISTRICT 8 3. Z-12-72 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) that the only use of the property be a transportation service as described by the petitioner in his testimony before the Planning Commission or those uses allowed in an R-1C (One-family Residential) Zone for properties located at 1102 Pine Street and 1108 Hopkins Street and P-1 (Professional) Zone for properties located at 1101 Eleventh Street and 2) the existing chain link fence be fitted with dark colored translucent material known commercially as windscreen or privacy screen; a petition by Troy A. Booker, on behalf of Troy A. Booker et.al., requesting a change of zoning from Zone R-1C (One-family Residential) and Zone P-1(Professional) to Zone B-2 (General Business) affecting property containing three tax parcels totaling .31 acres which are known as 1101 Eleventh Street, 1108 Hopkins Street and 1102 Pine Street. (Tax Map 046-4-599-00-0, 046-4-600-00-0 and 046-4-579-00-0) DISTRICT 1 PUBLIC SERVICES 5. Motion to approve a request by Krista S. Wight for an extension of time to purchase the Alcohol Beverage License for Southeastern Foodservice and Event Consulting, LLC located at 1204 Broad St. District 1. Super District 9. (Approved by Public Services Committee December 10, 2012) 6. Motion to approve New Ownership Application: A.N. 12-50: request by Stuart J. Mohr for an on premise consumption Liquor, Beer & Wine license to be used in connection with The Rub It In Lounge located at 2706 Gordon Hwy. There will be Dance. District 4. Super District 9. (Approved by Public Services Committee December 10, 2012) 7. Motion to approve New Application: A.N. 12-51: request by Deborah Caron for an on premise consumption Liquor, Beer & Wine license to be used in connection with EROS Bistro, LLC located at 1003 Broad St. District 1. Super District 9. (Approved by Public Services Committee December 10, 2012) 8. Motion to approve New Application: A.N. 12-52: request by James K. Stiff for an on premise consumption Liquor, Beer & Wine license to be used in connection with Edgar’s Grill and Conference Center located at 3165 Washington Rd. There will be Dance. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee December 10, 2012) 9. Motion to approve Amendment #1 to Cooperative Agreement FY2013 for nutrition program for Senior Services with CSRA Regional Commission. (Approved by Public Services Committee December 10, 2012) 10. Motion to approve the Mayor’s signature on the letter to the Department of the Air Force requesting the loan of an F-15 Eagle for Static Display at the airport. This item was approved by the Augusta Aviation at their October 25, 2012 meeting. (Approved by Public Services Committee December 10, 2012) 11. Motion to approve a Georgia Power Encroachment Agreement for Easement for the Butler Creek Park Project. (Approved by Public Services Committee December 10, 2012) 13. Motion to approve Reeves Construction Contract Modification #7 for the Airport Front Door Parking Improvements as approved by the Augusta Aviation Commission at their th November 29 meeting. (Approved by Public Services Committee December 10, 2012) 32 FINANCE 16. Motion to provide funding to the Richmond County Development Authority to support retail development in the amount of $200,000. (Approved by Finance Committee December 10, 2012) ENGINEERING SERVICES 17. Motion to approve award of the Alexander Drive Overhead Signage Installation CPB 323-041110-29682315 to B&E Electrical in the amount of $35,275.00. Award will be contingent upon receipt of signed contracts and proper bonds as requested by AED. (Approved by Engineering Services Committee December 10, 2012) 18. Motion to authorize and approve Change Number Three and Supplemental Agreement Number Eight for the Augusta Levee Certification Project (CPB) 324-041110-209824001) in the amount of $69,140.00 for Cranston Engineering Group, P.C. as requested by AED. Funding is available through SPLOST IV Fund Recapture. (Approved by Engineering Services Committee December 10, 2012) 20. Motion to approve the deeds of dedication, maintenance agreements, and road resolution submitted by the Engineering Department for Alexander Drive. Also approve Augusta Utilities Department easement deeds and maintenance agreements for Village at Riverwatch and Costco as requested by Augusta Engineering. (Approved by Engineering Services Committee December 10, 20120) 21. Motion to approve funding source to construct the Frontage Road Extension Project. Funds are available in SPLOST Phase III and SPLOST Phase IV Fund Balance as requested by AED. (Approved by Engineering Services Committee December 10, 2012) 22. Motion to approve application from Georgia DOT for fiscal year 2013 Local Maintenance and Improvement Grant to be used for resurfacing roads as requested by AED/TE. (Approved by Engineering Services Committee December 10, 2012) 23. Motion to approve change in the Maintenance Highway Agreement between Augusta, Georgia and Georgia Department of Transportation to allow GDOT to maintain Guardrails along State Routes in the Old City as requested by AED. (Approved by Engineering Services Committee December 10, 2012) 24. Motion to approve award of the Milledgeville Road at Barton Chapel Road Signal Installation to B&E Electrical in the amount of $128,715.46. Award will be contingent upon receipt of signed contracts and proper bonds as requested by AED. (Approved by Engineering Services Committee December 10, 2012) 25. Motion to approve the notification of payment in the amount of $185,596.52 to Utility Service Co. for executing maintenance to 13 water tanks in 2012 utilizing the Water Tank Maintenance Contract. (Approved by Engineering Services Committee December 10, 2012) 26. Motion to approve a one year extension for On-Call Construction Management, Construction Inspection, and Field Engineering Services Agreement with EMC Engineering, Moreland Altobelli, and LPA Group., as requested by AED. Also, approve CPB Change Number Five in the amount of $300,000 to continue to fund the On-Call Construction Services. Funding is available in SPLOST Ph VI in the On Call Emergency Construction Services account. (Approved by Engineering Services Committee December 10, 2012) 27. Motion to approve a two year extension and $72,000 to continue funding the current On-Call Tree Removal Services with Big Dog Tree and Stump, Arbor Equity, and 33 Southern Arbor Tree Care. Funding is available in the engineering operational account as requested by AED. (Approved by Engineering Services Committee December 10, 2012) 28. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Wayne J. Guilfoyle and Anita Guilfoyle, as owner(s), and Augusta, Georgia, as optionee, in connection with the Windsor Spring Road Phase V Project (STP00-1105-00(004)), (N/A sq. ft.) in fee and (0.003 sq. ft.) of permanent construction and maintenance easement and one temporary driveway easement from the property located at 4940 Windsor Spring Rd. Hephzibah, GA 30815, private, at the purchase price of $500.00. (Approved by Engineering Services Committee December 10, 2012) 29. Motion to award Design Consultant Services Agreement to Kimley-Horne and Associates in the amount of $290,685 for the initial phases of the Roundabout Evaluation and Design Services Project to be funded from for the Capital Project Budget/SPLOST Phase VI as requested by AED. (Approved by Engineering Services Committee December 10, 2012) PETITIONS AND COMMUNICATIONS 30. Motion to approve the minutes of the regular meeting of the Commission held December 5 and Special Called Meeting held December 10, 2012. 31. Motion to approve the rescheduling of the regular scheduled January 1, 2013 meeting to Wednesday, January 2, 2013. FINANCE 35. Motion to adopt resolution consenting and approving the Industrial Development Corporation (IDS) Conveyance to the Development Authority. (No recommendation from Finance Committee December 10, 2012) ADDENDUM 37. Motion to approve a resolution in support of the Consolidated Government of Augusta, Georgia supporting the growth and development of Georgia Regents University maintaining and expanding its significant presence in Augusta, Georgia. 38. Motion to approve a resolution in support of leasing 600 Broad Street to the Non-Profit Augusta Regional Collaboration (ARC) Project for five years in order to host public gatherings and support economic development in Augusta, Georgia. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Mr. Bowles: Mr. Mayor, for the record I’d like to go down as an abstention on Item 15. Mr. Johnson: It didn’t go on. He pulled it. Mr. Bowles: Guess I don’t need to then. Mr. Hatney out. Mr. Guilfoyle abstains. Motion carries 7-1. [Item 28] 34 Mr. Hatney out. Mr. Lockett votes No. Motion carries 7-1. [Item 13] Mr. Hatney out. Motion carries 8-0. [Items 1-3, 5-11, 13, 16-18, 20-31, 35, 37, 38] Mr. Mayor: Not so fast, Bowles. You’re not out of here yet. Okay, let’s go on to the, I think everybody’s getting loopy. The Clerk: Item four? Mr. Mayor: Yes, ma’am, please. The Clerk: PUBLIC SERVICES 4. Motion to approve the Airport Rescue Fire Fighting Employment Agreement as approved by the Augusta Aviation Commission at their September 29, 2012 meeting. (Approved by Public Services Committee December 10, 2012) Mr. Mayor: And who’s pull was this again? Mr. Lockett: I did. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I have some questions. This is a personnel employment issue. I don’t know why it’s under Public Services but you’ve got some things in there that from my perspective is not kosher. One of the requirements good moral character as determined by investigation under procedures approved by the counsel. But we don’t have anything to document exactly what that is. And when it comes down to nepotism you said made reference to family members full time but you eluded to the fact that if its part time it’s not nepotism. You’ll also indicated they must follow department and county rules. However some of the things that you have in here are in conflict with the Personnel, Policy and Procedures Manual if you’re referring to that as county rules. And lastly you’re talking about fire department personnel and I don’t see a requirement for a valid driver’s license. And the Personnel, Policy and Procedures Manual for our fire department indicates you’ve got to have a high school education or equivalent. But here you are saying that they must attain a high school education or equivalent within if I’m not mistaken twelve months of employment. So --- Mr. LeTellier: That’s a lot of questions to answer but --- 35 Mr. Lockett: No, but the thing about it is this. I don’t believe that you all have the authority to rescind or amend one of our personnel and policy procedures. That’s my question. Mr. LeTellier: Mr. Chairman, it makes a legal question. The Augusta Regional Airport has its own HR Manual as you know and this is supplemental to that. There are lot of certificates and diplomas that are required to be an airport firefighter. What we’re trying to do here is supplement our HR Manual I believe it’s Chapter 8. Now you’re absolutely right on the you know the high school diploma and GED I mean I don’t have a problem with adjusting that to say it’s just, it’s required. If you want me to address each of these. Mr. Lockett: Well, you don’t have to but --- Mr. LeTellier: The moral character thing really goes to the issue of Homeland Security. As you recall we have a different protocol for looking at our employees and how --- Mr. Lockett: No, but I think what would help is if you got minutes or something that shows exactly what the intent is. But what you’re asking us to tentatively approve something and we don’t know what all the circumstances or conditions are. That’s what I have a problem with. I’m not saying that your intent is not good which I’m quite sure it is good. But this is some things that I think could get you all in trouble down the road if one of those employees that you hired under these conditions got in trouble got an attorney or something. I think you may have a problem with this. Mr. LeTellier: This is not an employment contract. This is supplemental to the HR Manual that we have now that sets forth the conditions. So what we’re saying is if we hire and you’re not able to meet all of these requirements you may be terminated. Mr. Lockett: And that’s right. Mr. LeTellier: What we’re asking you to acknowledge that if you’re --- Mr. Lockett: And they have to sign that statement. Mr. LeTellier: Yes, sir. Mr. Lockett: With all the conditions, well more than what I read here. But all those things an employee has to sign off on that. Mr. LeTellier: Yes, sir. Mr. Lockett: And if he or she violates what they signed off on is grounds for termination. Am I correct? Mr. LeTellier: Yes. 36 Mr. Lockett: And if you terminate them based on what you have here I think you’re going to have a problem with the law. That’s the point I’m trying to make. Mr. Mayor: Okay, Commissioner Lockett, are you? Are finished with that? Mr. Lockett: I think so. Mr. Mayor: Okay. Mr. Bowles: Motion to approve. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioner Guilfoyle. Mr. Guilfoyle: Yes, I was just going to add into that motion where we recognize the high school and diploma or equal. Mr. LeTellier: We can just strike everything after possess to --- Mr. Bowles: I’m not amending my motion, Mr. Mayor. They’re his employees and I think he should do as he sees fit. Mr. Guilfoyle: I agree with that. Mr. Mayor: Okay, we have a motion that’s been properly seconded. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Johnson, Mr. Bowles, Mr. Mason, Mr. Jackson and Mr. Guilfoyle vote Yes. Mr. Brigham abstains. Mr. Aitken and Mr. Hatney out. Motion Fails 5-1-1. Mr. Mayor: Mr. MacKenzie actually Mr. Aitken came back into the room as the vote being taken and didn’t get to his. Mr. MacKenzie is there? Mr. MacKenzie: The was taken and the result was announced. So if you want to reconsider it you need to do a motion to reconsider that item. Mr. Mayor: Do we have a motion to reconsider this item? Mr. Bowles: So moved. Mr. Jackson: Second. 37 Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Aitken, Mr. Johnson, Mr. Bowles, Mr. Jackson, Mr. Brigham and Mr. Guilfoyle vote Yes. Mr. Mason and Mr. Lockett vote No. Mr. Hatney out. Motion Passes 6-2. Mr. Mayor: Mayor Pro Tem Bowles, would you like to make your motion again? Mr. Bowles: Motion to approve the item. Mr. Jackson: Second. Mr. Mayor: We have a motion and second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Guilfoyle: What are we voting on, Mr. Mayor? Mr. Mayor: We voted to revisit the agenda item that received no action. So this is to approve the agenda item that was just presented. Mr. Guilfoyle: Okay. Mr. Aitken, Mr. Johnson, Mr. Bowles, Mr. Jackson and Mr. Guilfoyle vote Yes. Mr. Mason and Mr. Lockett vote No. Mr. Brigham abstains. Mr. Hatney out. Motion Fails 5-2-1. Mr. Mayor: Okay, Madam Clerk, while we still have a quorum let’s go to the next agenda item please. The Clerk: PUBLIC SERVICES 12. Motion to approve with a decision on the signage to be made on Tuesday and pending the addition of some language that any future advertising revenues would come to the city; expenditure of SPLOST funds dedicated to the New TEE Center, in the amount of $991,561.00 for design, fabrication, installation and startup of all scope associated with the new Pedestrian Bridge. (Approved by Public Services Committee December 10, 2012) Mr. Mayor: Mr. Russell. 38 Mr. Russell: Yes, sir. After meeting with the Attorney and the Traffic Engineer and representatives from HEERY this morning it’s our recommendation that you do not have a sign on the building that would distract from the traffic signals underneath that. That would adjust the cost of the building by approximately $100,000.00. So you would be looking at $891,561.00 as opposed to the $991,561.00. Mr. Mayor: Gentlemen, what’s your pleasure? Mr. Mason: Well, first of all, that was my pull, Mr. Mayor. Mr. Mayor: Excuse me, Commissioner Mason, like I said we’re all getting a little light headed here. Mr. Mason: Yeah, yeah, yeah it’s getting late. I’m not going to be long. I just want to, well, he answered a couple of the questions because I didn’t hear that being mentioned as we were going through the consent agenda, terms of the dollar value on that sign. The other thing is, is that although there’s probably support here and it will probably pass and I would hope that we would begin to start looking at this contract and various things that come with this very, very closely because we continue to spend money but we have yet to receive anything at this particular point. And I don’t think and I’m not saying it’s a bad idea. I’ve been all around the country at Commission meetings and there is you know thoroughfares to the actual establishment. But if it was that important I’m not sure why it wasn’t up front put in the contract for us to look at and to vote on initially. And then secondly I asked you last week Mr. Administrator in terms of any justification of the million dollars in terms of any foot traffic that would potentially be going on through there, the distance, the new drive through that they have which drops people off right at the front where they can actually just walk in. And then someone can go park whatever the case maybe. So I mean well there’s things that already put in place I would have liked to have seen perhaps us have this open for a year so to determine a need, justify that million dollars that we’re talking about spending of the citizens money and then move forward with that if that was something that was appropriate. But so those are just a couple of my concerns, Mr. Mayor. Mr. Mayor: Thank you, sir. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. With the tragedy that occurred on Peach Orchard Road last night, you know, the ease of adding this with cost savings to the citizens of Augusta I’ll be damned if I’m going to allow a death be on my watch. I’m going to make a motion to approve this item. Mr. Jackson: Second. Mr. Mayor: We have a motion that’s been properly seconded. If there is no further discussion Commissioners will now vote by the usual sign of voting. Mr. Aitken, Mr. Bowles, Mr. Jackson, Mr. Brigham and Mr. Guilfoyle vote Yes. Mr. Johnson, Mr. Mason and Mr. Lockett vote No. 39 Mr. Hatney out. Motion Fails 5-3. Mr. Mayor: No action taken. Madam Clerk, on to the next agenda item. The Clerk: PUBLIC SERVICES 14. Motion to direct the Department of Recreation, Parks and Facilities to enter into a lease agreement with Virginia Beach Golf Management to operate the Augusta Municipal Golf Course with the contract being brought back to the committee for approval. (Approved by Public Services Committee December 10, 2012) Mr. Mayor: Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. I had one, well, I have several concerns but my main concern with this is and I’ve done some research on Virginia Beach. They seem like a very reputable organization and certainly much better than what we’ve operated with in the past. However I’m concerned about those monies that we discussed that was available for capital improvements and how if at all would those be expended if in fact we go ahead and go through with this lease. Because for me I was, I would be more apt to get the golf course fixed up, get everything done and then get a better deal for the city moving forward. And I thought that would’ve been the more appropriate way to go. I’m not necessarily against this right here but so we didn’t give the other folks the money and so what is our plan then to for those dollars that have been identified and targeted that could be used for the upkeep of this facility. Mr. Russell: Mr. Mayor, if I may. We took $50,000 of that and made some immediate repairs to cover some leakage in the air conditioning if I remember correctly. The balance of that is still available to us but we do not anticipate letting anybody do those repairs other than under our control. We are under the assumption once we pick the operator that we would jointly decide what needed be done and then come back to ya’ll with a plan of action to expend those funds. Mr. Mason: Which kind of goes against my basic premise for me in terms of getting it done because we’ve already identified several things through the multiple times that we’ve failed in exercising the various contracts and whatnot. And the thought process or my thought process was we get those things done before we enter into a contract. And then the probability of us getting a better deal for the city would become greater. If we continue to leave it as is as status quo with a minimal fixtures that we did do and I’m glad that we did do something. But I just believe from a contractual standpoint and from the standpoint of strength in the negotiation process I believe we would’ve had a leg up or a hand up if you will negotiating if we had did a few more things and that we had the money to do it before we entered into a contract and then get the strongest possible contract that we could for the city. That was my thought process on that. 40 Mr. Russell: You know I’ve taken a look at that and I think the contracts are a pretty deal for us at this particular point in time. The repairs that we’re looking at are things that we do but I’m not too sure that they would actually strengthen our position at this point. You know it’s almost the chicken and the egg at this point. There’s where we’re at basically. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. This is for Mr. Russell, Mr. Shanahan or whomever. You know we’ve had a quite a few votes on the Municipal Golf Course and each and every time I’ve been on the losing end because I’ve been in opposition to outsourcing this. And my question is if want to do something like this you need to do a Cost Benefit Analysis to see if outsourcing is actually going to provide you a better service at a better cost. I mean just because you’re going to outsource something it doesn’t necessarily mean it’s going to save you money. And then it seems to me what we’re doing here is we have a limited amount of comparisons that we can use. We’re looking at two or three maybe four companies and we’re trying to decide out of them what is the best. That may be the best out of those two three or four companies but it may not be what’s best for us. And this is where I have a problem with that. Now we went down this road before. I was in opposition to it and I was on the right side of judgment because what we got didn’t work. And I’ve been by the Municipal Golf Course lately and it looks one-thousand percent better than what it looked like when we had outsourced it. Now I know the vote is going to be there but I just wanted to say this in hopes that I may come out on the winning side of this just one time. Thank you. Mr. Mayor: Okay, thank you, sir. Mr. Shanahan. Mr. Shanahan: Yes, in reference to the improvements there the Virginia Beach (inaudible) recommendation and as you stated they put $100,000 of their money towards improvements as part of this contract. And in reference to your question we did, one of the things we wanted to look at was just in case it came up what we could do it for. We’ve got some numbers on that we have available. That wasn’t something we were asked to do but it was something we know to be important. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Mr. Russell. Mr. Russell: Yes, sir. Mr. Bowles: What additional burden will it be the taxpayers next year if we do not enter into this lease? Mr. Russell: We would have to cover the operational costs of the golf course and after expenses that’s been running approximately, let me read it here where, it looked like the revenue is looking at $486.50 would be our projections. The total expenses is $613,837.00 with a loss of approximately $127,337.00 at this particular point in time. 41 Mr. Bowles: That’s a pretty good estimate but the last three years we have on average spent about $190,000 dollars in the read on the golf course. Mr. Russell: Will this include the cost shares? Mr. Bowles: No. Mr. Russell: Okay. Mr. Bowles: That’s another $50,000.00 for you. I think we’re losing sight of the big picture here. We’ve got a $4 million dollar deficit we’re trying to find ways to cut costs. This will save the taxpayers and the decision makers up here $200,000.00 towards that balance. You know golf is not a necessity for our taxpayers. Golf is a luxury and it’s called The Patch for a reason because I grew up playing it, it was a cabbage patch. It never had grass in the fairways. You learn how to play golf that way. As long as we provide a golf course for citizens to play who cares who manages it if it’s saving the taxpayers money. I’ll make a motion to approve. Mr. Jackson: Second. Mr. Mason: Mr. Mayor. Mr. Mayor: Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. And I can appreciate the motivation that Commissioner Bowles has there on his last day. But I do just want to remind him one I am looking at the big picture and that’s the reason why I brought up the question. The big picture in my mind I believe that we potentially could have had a better contract. I and I don’t think you were referencing me on this but I certainly did not say that it should not go out and be privatized. I simply said that we ought to look at it very closely do what we can to get it up to speed and then get a better contract out of it. I think that’s a better way to go and I think that is looking at the bigger picture because it would bring back more money. I also want to assure this body looking at the big picture that we have several other entities and you know I’m not going to start going down the list that we are funding that have absolutely I mean their definitely not in need on necessity and they fall up underneath Parks and Recreation and so forth and we’re funding those entities. So if you’re going to use that as your basis for doing this then let’s look at those other entities that we’re funding that don’t need to be funded and that would immediately give us more money. Mr. Mayor: Okay, thank you, Commissioner. Mr. Bowles: Mr. Mayor? Mr. Mayor: Yes, Mr. Bowles then Mr. Russell. Mr. Bowles: I’d just like to respond, Mr. Mason. Stop funding something that somebody else will take over for taxpayers and keep there I don’t see that as an issue. It’s still a service 42 available for the taxpayers. So to say you’re not funding it but it’s still made public you know that’s not really an argument. Mr. Mayor: I think you guys should take that up over a cold beer. Mr. Russell. Mr. Mason: Tipsy McStumbles? Mr. Russell: Mr. Mayor, just to clarify my comments in reference to Mr. Bowles’ question. There is about approximately a $50,000 dollar charge that would go against the enterprise fund that was not included in these numbers. And that’s a shared cost charges that were typical for enterprise funds. That would be based on these numbers approximately another $50,000 or so. So you’re numbers were closer than mine at that point. Mr. Mayor: Okay, we have a motion that’s been properly seconded. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Aitken, Mr. Bowles, Mr. Jackson, Mr. Brigham and Mr. Guilfoyle vote Yes. Mr. Johnson, Mr. Mason and Mr. Lockett vote No. Mr. Hatney out. Motion Fails 5-3. Mr. Mayor: I’m sensing a trend here. Madam Clerk? The Clerk: PUBLIC SAFETY 15. Motion to approve moving forward with the naming of the new Sheriff’s Office Administration Building for Sheriff Ronnie Strength. (Approved by Public Safety Committee December 10, 2012) Mr. Mayor: Commissioner Lockett, I believe this was your pull. Mr. Lockett: Thank you, Mr. Chairman. It’s so very unfortunate that I have to be the bearer of bad tidings. However this agenda item was put on here about a week too early. Sheriff Strength, he’s a good individual. He and I have always had a cordial relationship but the reason why I’m going to vote no on this is not because I have anything against naming the Sheriff’s Administration Building after him but it’s the process that was utilized. We went through this about three or four months ago when we wanted to name Fire Station #10 after somebody. The Administrator was tasked with coming up with a policy and procedure that we could use that would have caused us not to be the position that we are tonight. If you’re going to name a building or something after a person you should make sure that there’s 100% support before it goes on an agenda item before it goes out to the media. Because if anyone like in my case dissents the first thing somebody’s going to say is what has Commissioner Lockett have against Sheriff Strength? Nothing at all. If they would postpone this vote today and make it the first meeting in January I’m quite sure that it’ll be ten Commissioners voting in favor of it. But since you’re doing it and he’s still in office we want to name the building after him for what he has 43 done as Sheriff not what he’s doing even though he’s only got a couple of days to continue doing it. So my motion would be let’s move this from the agenda today, let’s put it on the first meeting in January so there can be unanimous support. Mr. Mayor: Is there a second on that motion? Okay, that motion dies without a second. Does anybody else have a motion? Mr. Mason: Motion to approve, Mr. Mayor. Mr. Jackson: Second. Mr. Mayor: We have a motion that’s been properly seconded. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Aitken: Mr. Mayor, I do have one comment to --- Mr. Mayor: Commissioner Aitken. Mr. Aitken: --- in regards to, thank you Mr. Mayor. Mr. Mason: Do you want to rescind that? Mr. Mayor: Okay, because we had actually called for the vote but then I’ll recognize you for a point of personal privilege after. Mr. Aitken, Mr. Johnson, Mr. Mason, Mr. Jackson, Mr. Brigham and Mr. Guilfoyle vote Yes. Mr. Lockett votes No. Mr. Bowles abstains. Mr. Hatney out. Motion Passes 6-1-1. Mr. Mayor: And Commissioner Aitken for a point of personal privilege. Mr. Aitken: Thank you, Mr. Mayor. I just want to pick up where Commissioner Lockett made reference to the Policy and Procedure about naming buildings because I think we started when Mr. Grantham was here on bridges and these kinds of things. And where are we at with that Policy and Procedure? Mr. Mayor: Mr. Russell? Mr. Russell: We’re still trying to find something that we think is appropriate that would be well received by the group. Mr. Bowles: The next group. 44 Mr. Russell: At this point it’s obvious, the next group, yes, sir. Mr. Mayor: Okay, are we good? Mr. Aitken: Mr. Lockett, I guess you’ll have to fall over that with the next group. Mr. Mayor: Okay. Mr. Lockett: Thank you, Commissioner. Mr. Mayor: The agenda item has been properly disposed of. Madam Clerk, come on get us out of here. Next agenda item. The Clerk: ENGINEERING SERVICES 19. Motion to approve Augusta Utilities and Tag Office Peach Orchard Road Lease Proposal and Design Build RFQ. (Approved by Engineering Services Committee December 10, 2012) Mr. Mayor: Whose pull was this? Mr. Bowles: Wayne’s. Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. I actually reached out to the Administrator the other day in regards to this lease that we have in our agenda as far as the per square foot and plus the additional cost per square foot for its fair share of taxes, insurance and common maintenance. I’d like to thank Mr. Tom and the Administrator Fred for actually going back and renegotiating better terms. It would be nice if they could go back again to see if we could get better with it but my question is I understand your side of the payments is coming out of your enterprise fund. Mr. Administrator, how is Steven Kendrick going to fund his side of the lease payments? Mr. Russell: That money will be allocated out of the general fund. Mr. Guilfoyle: Are they paying any payments at this time for the Tobacco Road? Mr. Russell: That’s the building we own if I remember correctly. Mr. Guilfoyle: Okay. Mr. Mayor: Okay. Mr. Guilfoyle: Mr. Mayor, can we do something with that? 45 Mr. Mayor: Okay. Mr. Lockett: Did I miss something? Mr. Guilfoyle: Yeah, Joe Jackson. Mr. Mayor: I missed him. Mr. Guilfoyle: As far as it coming out of the general fund, Mr. Administrator, how are we going to be able to afford that? Mr. Russell: Well, you’ve got to weigh that against the increased service to the citizens. After looking at this and looking at what they’re going to do I think that’s a good expenditure to actually provide additional services to our people that are paying the taxes and buying their tags. Mr. Guilfoyle: Can we pull anything from SPLOST or anything? Mr. Russell: I would have to go back and look. Obviously the general fund would be the last resort that we’re going to have to pay for anything like that. But since it is a rent I think it would be hard to pull it from SPLOST. Mr. Guilfoyle: Thank you, Mr. Administrator. Mr. Mayor: Okay, does anybody have a motion on this? Mr. Johnson: Motion to approve. Mr. Mason: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Aitken, Mr. Johnson, Mr. Mason, Mr. Lockett, Mr. Jackson and Mr. Brigham vote Yes. Mr. Bowles and Mr. Guilfoyle vote No. Mr. Hatney out. Motion Passes 6-2. Mr. Russell: Mr. Mayor, if I may. Based on the recommendation from Commissioner Guilfoyle we did go back and were able to negotiate a price that was $.50 per square foot less that was we originally had. Mr. Mayor: Well done and thank you. Thank you, Wayne. Madam Clerk, on to the regular agenda. The Clerk: 46 PUBLIC SERVICES 34. Motion to approve Change Order #1 for an additional $473,858.00 in fees to Virgo Gambill Architects on the Augusta, Georgia Municipal Building Renovation and Modernization due to an increase in their scope of work. (No recommendation from Public Services Committee December 10, 2012) Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, as you know we initially began a project here to look at some minor renovations and tried to attempt to do that. Upon moving forward and finding that we had some issues that were a little bit larger than that this body approved the increase to plan ‘D’ that would require additional work in the manner of doing the tower, doing some other things here that would help move us into the next 50 years as opposed to a stop gap. That resulted in additional architectural costs as you see here today simply because we asked them instead of doing a $14 or $15 million dollar building to do one that’s a whole lot more expensive. As you also know we’re still looking for funding mechanisms to do the whole building but the cost of doing the architecture is static at this particular point in time. We’d have to do that at some point or another. Even if we come in phases in the building we needed to do that to move forward. That’s why those costs have increased. That amount of money is still is in the budget that was proposed to do that and it’s, it was our feeling we need to go ahead and approve this, sir. Mr. Mayor: Anybody feel any, you’re not feeling the love? Does anybody want to make a motion? Mr. Lockett: Yeah, I’ll make a motion. Move to approve. Mr. Mason: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Aitken, Mr. Johnson, Mr. Mason, Mr. Lockett and Mr. Brigham vote Yes. Mr. Bowles, Mr. Jackson and Mr. Guilfoyle vote No. Mr. Hatney out. Motion Fails 5-3. Mr. Russell: Thank you, gentlemen. Mr. Mayor: Okay, final agenda item. The Clerk: Thirty-three. Mr. Mayor: What’s that? The Clerk: Item 33, my mistake. I missed that. 47 Mr. Mayor: I thought we added that to the consent. Mr. Lockett: That was consent, yes. Mr. Mayor: Okay, yes, sir. Mr. MacKenzie: Wasn’t there a requirement to read that into the record to see if there were any objectors and we said not to add it to consent. The Clerk: I’ll read thirty-three. The Clerk: PLANNING 33. Z-12-73 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following condition 1) the only use of the property shall be a congregate personal care home or those uses allowed in an R-1A (One-family Residential) Zone; a petition by Wesley Fludd, on behalf of Charles Brazil, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-3C (Multiple-family Residential) affecting property containing approximately .70 acres and known as 2506 Pineview Drive. (Tax Map 096-4-041-00-0) DISTRICT 6 Mr. Johnson: Move to approve. Mr. Mayor: Do we have any objectors? Mr. MacKenzie: None noted. Mr. Mayor: Okay, we have a motion to approve. Mr. Lockett: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Hatney out. Motion Passes 8-0. Mr. Mason: Everyone’s in agreement. I love that. Mr. Mayor: Come on let’s just approve the last one unanimously for all the guys leaving. Mr. Mason: We just did. Mr. Mayor: We’ve still got 35, don’t we? 48 The Clerk: That one was on consent. Mr. MacKenzie: That one was consent. Mr. Mason: We did just that, what you wanted. Mr. Mayor: I got a problem, we all got a problem. Mr. Brigham: Move we adjourn, Mr. Mayor. Mr. Mayor: With no further business to come before the body we thank everybody for coming and Merry Christmas. We stand adjourned. Mr. Mason: Happy Holidays. Mr. Mayor: And Happy Holidays. [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 December 18, 2012. ______________________________ Clerk of Commission 49