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HomeMy WebLinkAboutCalled Commission Meeting April 30, 2019 CALLED MEETING COMMISSION CHAMBER April 30, 2019 Augusta Richmond County Commission convened at 11:00 a.m., Tuesday, April 30, 2019, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. Williams, Garrett, Sias, Fennoy, Frantom, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Mr. Mayor: We’re going to go ahead and call this meeting to order. This portion of our meeting, this is a special called meeting with a start time of 11:00 that you have received notice regarding. We’re going to address the matters of the special called meeting after which point in time I’ll entertain a motion from the Commission to go into executive session. To those who are here regarding zoning matter, zoning request Z-19-06, 2665 Tobacco Road, that matter is not being addressed in this special called meeting. If you’re here for that purpose, that will be handled during the committee meetings which begin at 1:00. It is currently scheduled to be Item #8 on the Administrative Services agenda. Again, if you’re here for the 2665 Tobacco Road zoning matter, that will be addressed during Administrative Services Committee meeting at 1:00. All right. To those who are here for the item on the special called meeting agenda, each of the representatives that are on the agenda to speak will be given five minutes to speak. Upon approaching the dias, podium, if you would state for the record your name and your address and who you are representing in the matter of Item #1 on the special called agenda, i.e. the Hale House Treatment Facility. Madam Clerk. 1. Z-19-08 – A request for concurrence with the Augusta Planning Commission to deny a petition by The Hale Foundation Inc. requested a special Exception to establish an In-patient Drug and Alcohol Treatment Facility per Section 26-1-(g) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately 20.65 acres and known as 3042 Eagle Drive. Tax Map 109- 0-001-00-0 DISTRICT 6. (Deferred from the March 19, 2019 Commission Meeting) Mr. Mayor: All right. This item was continued from our previous meeting at the request of the petitioners to a date certain, that date being today, April 30. At this time we have the petitioner. I want to give them an opportunity to come and speak. I believe it was attorney Jim Trotter who was representing the organization. If you’ll come and speak at this time. You have five minutes. Mr. Trotter: Thank you, Mr. Mayor. Mr. Mayor: All right, suspend for a moment. I’ll recognize the commissioner from the thth 4. All right, I’ll recognize the commissioner from the 6. Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor, you’ve got two representatives. You have Mr. Ed Tarver, attorney Ed Tarver, and you have Howard Bush or Brian Bush. They’re on a separate part to, wanted to address this issue and then at that particular time it gets to the representative. They have made the request like on the delegation part of the agenda. This is the 1 delegation part that they requested to be there and then the representative is going to speak on behalf of Hale House directly I think is State Senator Harold Jones so these two persons, two and three, are actually delegation part of this agenda, that nobody from, what you call them would have had the same opportunity requested to be on the delegation portion of the agenda. Mr. Mayor: So there is no delegation portion of the agenda. What I have before me as presented by the Clerk of Commission are again Item 1 and the petitioner speaking is Attorney – Mr. Trotter: Mayor, I’m happy to wait until after – Mr. Mayor: Okay and then I have as you read here who called and signed up Tarver, Bush and Bush, and so to that end, there’s also a fourth item and that’s a motion to approve a resolution. We’re going to deal with all of these matters here now before we go into executive session. Everybody’s going to get the same amount of time and then we’ll address those matters. Mr. Hasan: Mr. Mayor, can I respond to your comments just then. I do have a problem with what you said, Mr. Mayor, if you take the agenda literally and don’t deem this as being that portion of the agenda as with the delegation part then what happens is the representative from the Hale House would not speak because he’s not on the agenda. Mr. Mayor: Well – Mr. Hasan: Speaking literally. Mr. Mayor: Well, so let me take it as the Chair. All right, attorney. Mr. Trotter: Thank you, Mr. Mayor. I came down here with a flashdrive with a power point presentation, I’ve got handouts, I’ve got pictures, I’ve got facts, I’ve got studies and as I sat here over the last twenty minutes, I’m going to put it all away because ya’ll know all of that. We’ve all talked to you, with people from the Green Meadows neighborhood, I’ve talked to ya’ll, ya’ll know the facts. The facts are important but I think there’s a bigger picture here. I don’t know that the facts are really what are driving this. I can argue all day long about property values, I can argue all day long about crime stats. They can argue all day long about them. They can give you studies. I can give you studies. None of that is going to make any difference. We can talk about access all day long and we did delay this to show a site plan for access. And as I’ve told several of you and I’ve made it clear to Mr. Brown and I’ve made it clear to Mr. Sherman we do not have an agreement in place with the Board of Education. The Board of Education has said if you obtain the zoning, come back to us for the access. I’m not trying to represent anything by the Board of Education other than that. We believe we can get it if the zoning is approved, but we would like the zoning to be contingent upon obtaining that access. I can show you pictures of the park we would build for them. I don’t know that that makes a whole lot of difference. We’ve tried. I can show you pictures of the seven foot wall and garden we would build at the end of Eagle Drive to block off Eagle Drive. I’ve sent you emails of that. I don’t know that that makes any difference today. This is truly a difficult issue. But let me talk about what’s it not and this is really interesting. A lot of people throughout this process have asked me if it’s a black and white issue and remarkably it’s not. There are really good people, black and white, on both sides of this issue. 2 The Hale House doesn’t just treat white people or black people. There are really good people of both colors in that neighborhood and there are really good people of both colors who support the Hale House. This is not one part of town versus another part of town. Hale House treats people from all socio-economic classes from all over this community. They have done so for over twenty years. They do not discriminate based off of who is coming to them. They treat anyone who wants to be treated by the Hale House and they have done so with remarkable success. So all those things that seem to cloud a lot of issues down here don’t cloud this one I don’t believe. This is about this body having an opportunity to do something that we believe is right for the entire community of Augusta. We’ve heard a lot about One Augusta and this body is presented difficult decisions a lot. I do not envy any of you. I have no desire to be any of you, no desire to be a commissioner because of the difficult decisions you’ve got to make. But many times those difficult decisions involve making a choice to do right by the entire city over the objections of one area, one neighborhood, one group and those are difficult decisions to make. This one is especially difficult. I can’t argue with anything the people from that, from Green Meadows are saying. I understand their concerns. I believe we’ve addressed them all. I believe all of our plans to secure this property, to access this property have addressed their concerns and if this facility is developed there, they will never have a problem with it. Hale House has a twenty plus year history of running a good, clean operation in Olde Town. But I understand their concerns. As I’ve said many times before you and the Planning Commission, it is an awkward piece of property. But it is the Hale House’s piece of property. They have bought it. When they bought it, they knew to do what they wanted to do with it. They had to get it rezoned and are here to do so. But it is their property and there are property rights subject to zoning laws that have to be respected in this state and in this country. We’re asking you to make that difficult decision for the benefit of this entire community today. Thank you. Mr. Mayor: Thank you. Are there any questions for the attorney, Attorney Trotter? Are you prepared for a series of questions? Mr. Trotter: Absolutely. th Mr. Mayor: The Chair recognizes the commissioner from the 4. Mr. Sias: Thank you, sir. Mr. Trotter, I appreciate your comments about the task that this body always has before it. The one thing that has concerned me the most in this process is that there was an opportunity for another development to go there and they were aware and talked with the neighborhood and found out that that was really objectable by the neighborhood. The neighborhood objected to that and they decided not to do that. The first question I have for you is in obtaining this property, or the Hale House obtaining this property, were they completely aware that there was an objection to, by the neighborhood, a strenuous objection to this type of facility going in their neighborhood? Mr. Trotter: Commissioner Sias, I’m not exactly sure what they were aware of when they bought it in December of ’17, but you’re right, there was a prior company from out of town, I think they were from Kansas City, that was trying to open a facility on that property and they eventually withdrew their request. As I’ve explained several times the Hale House is an entirely different organization than that and looking to do an entirely different type of facility than what they were 3 doing. This is not a halfway house. This is not somewhere where the judges of our circuit send people where they have to go. This is an entirely voluntary facility for people who want to get clean. Mr. Sias: My last comment on that at the moment will be, Mr. Trotter, you’re exactly right about protecting the property rights of and respecting the laws of Georgia and this country but I also bring to your attention that many of the decisions this body makes if it were not to have this subjective type concept, this body would not operate because if it were simply cut and dried, it would not be necessary to come before this body. It would simply be adjudicated or based simply on what the law states. But this is a subjective process when we deal with the community and the needs and requirements of a community. That is subjective, many things are subjective so just want to remind you of that as well that we have to do that and that means listening to the groups, neighborhood folks and other folks who have issues and concerns about what is going on in this city and I have great respect for you and I also have great respect for the folks in Green Meadows as well. My upbringing was neighborhood associations and fighting for what’s best for a neighborhood. Thank you, sir. Mr. Mayor: Thank you. All right, Attorney Brown, if you’ll share that information. Mr. Brown: Just for the record, Mr. Trotter, so that the board will be clear, your request has been amended, if I’m correct and I’m asking you to verify it, had been amended by a change in your preliminary development plan, so you’re presenting that to the board? Mr. Trotter: Yes, it’s the one I submitted to the Planning Department on March 26 or 27 I believe. Mr. Brown: If I may I’ll verify so we can mark it. Mr. Trotter: That’s correct. Mr. Brown: We will mark it by the Clerk as Exhibit 1. It may be helpful if you make it clear to the board where the entrance is and exit would be on that plan and how the neighborhood would be closed off if that is the case. Mr. Trotter: That plan we submitted after the March 19 meeting shows a proposed driveway off of the Board of Education property that currently has the Technical School on the back up along Bobby Jones Expressway. We have shown it to the Board of Education through their attorney and again, if we obtain the special exception today, we would then go to the Board of Education to work with them on obtaining that access and as I’ve said before if that access is ultimately not granted for any reason or can’t be worked out for any reason, then we would lose our special exception and we’d have to go to plan B, whatever plan B and C may be. But we have shown a proposed access and we’ve shown closing off the access through Eagle Drive. Mr. Brown: Thank you. 4 Mr. Mayor: All right, thank you. All right, our next speaker is Mr. Ed Tarver. You have five minutes. 2. Mr. Ed Tarver regarding opposition to the Rezoning Application for a Special Exception submitted on behalf of The Hale Foundation, Inc. for the following property address 3042 Eagle Drive. Map/Parcel#: 109-0-001-00-0. Mr. Tarver: Thank you, Mr. Mayor and members of the Commission. I’ve been contacted by the Green Meadows neighborhood to look at this issue from some of the legal issues involved. My name is Edward J. Tarver. Office address is 3540 Wheeler Road, Suite 312, Augusta, Georgia 30909. And I want to begin by acknowledging the Green Meadows neighbors acknowledge and commend the Hale Foundation for its 28 years of supporting treatment of those with addiction and substance abuse. Their objection to the application for rezoning has nothing to do with the quality of the service or their commitment to addiction and support for those who are suffering from substance abuse. We recognize that this is an issue that is important to the city of Augusta and we know that that’s seen by the fact that Augusta is participating with hundreds of municipalities across the country and their response to the opioid epidemic. That the city has taken great steps to address those who are suffering from these conditions. However, the Green Meadows neighborhood believes that the responsibility for waging this war against substance abuse and addiction should be shared equally and that no one community should suffer the burden any more than any other community, and that this application as proposed would place a disproportionate burden on their community and the response or the results from allowing that facility to be constructed in the Green Meadows neighborhood. The residents challenge the proposed land use as inconsistent with existing zoning. You know one of the things that’s challenged is the procedural method that we are encountering with this matter. It was my understanding that one of the reasons that this matter was continued initially was to provide the Hale Foundation with an opportunity to work out the access issues. I appreciate Mr. Trotter letting us know up front that those access issues have not been worked out. One of the issues that we would raise is that maybe this proceeding is premature in that we’re considering changing the zoning prior to having a viable plan for accessing the property and that would certainly seem to be out of sequence but certainly we would remind the Commission that this matter was initially continued to allow them to gain that access which they were not able to do. But we would point out that in Georgia neighbors have the standing to seek a declaration of the effect that a vote granting a rezoning application would have on the neighborhood. This standing provides the neighbors with the ability to challenge the merits of the rezoning decision. It allows them to identify procedural flaws in the process and it also allows them to pursue claims of conflict of interest. In this matter the neighbors challenge whether the city followed Augusta’s procedures and the city ordinances. The failure to follow its own procedures could result in the rezoning decision being deemed defective. The court has repeatedly required strict compliance with the notice of requirements for zoning ordinances and we don’t believe that strict compliance has been followed in this case. It would be extremely unfortunate if the Commission disregarded the recommendation of the Planning and Zoning Board and also ignored the public outcry from the Green Meadows neighbors by approving the application by the Hale Foundation to allow the use of that property for an in-patient drug and alcohol treatment center. In similar matters in Georgia courts have found that actions of this type would be a manifest abuse of the zoning power to the oppression of the neighbors and there is case law in the state that uses that exact language when 5 addressing matters like this. Undesirable land use has disproportionally damaged the social economic characteristics of neighborhoods like Green Meadows. Historically the characteristics of neighborhoods that are proposed as host locations for facilities like this and that the residents of the neighborhood view as undesirable indicate that there is some manner of unfairness in the process that was used to come to that decision. The residents have a legitimate fear that the proposed land use in their neighborhood will result in the diminution of the value of their property and will drastically change the demographics of the neighborhood going forward. For the reasons discussed the Green Meadows neighbors have asked that the Augusta Commission adopt the recommendation of the Planning and Zoning Board and deny this application. Mr. Mayor: Your time has expired. Are there any questions for Attorney Tarver? All right, there are no questions. All right, our final speaker on this matter will be Messrs. Howard Bush and Brian Bush. You have a total of five minutes. 3. Messrs. Howard Bush and/or Brian Bush regarding general opposition to the Special Exception requested by the Hale House Foundation, Inc. Mr. Bush: My name is Brian C. Bush. My office address is 462 Telfair Street, here in Augusta. I represent Howard Bush. Howard Bush is the property owner of two pieces of residential real estate. Both of those pieces adjoin the property in question on Eagle Drive and Howard Bush does agree with the statements made by Attorney Tarver here just before in reference to the legalities, the procedural matters and so forth and the only things that I can really add, he’s basically hit most of the high points there, is that back in March there was a meeting before the Planning Commission and in that meeting I believe it was Director Sherman read off a portion of the ordinance, same ordinance that’s been in effect for a long period of time here, the Hale Foundation knew or should have known that in order to succeed they had to submit a preliminary development plan and that ordinance section continues to state that that plan must show the location of all curb cuts, driving lanes, parking areas and the location of all walls, fences, screening, plantings that exist or are planned. And so therefore anything that was to be planned to be constructed, if this exception had been granted, needed to be shown on that preliminary plan. And again, I do not believe that the procedural matters for the special exception have been followed so we agree with Attorney Tarver that it should be denied. Thank you. Mr. Mayor: Thank you. Are there any questions for Attorney Bush? All right. The Chair recognizes Attorney Brown. Mr. Brown: If it is the pleasure of the Chair and the board, the Planning Department does have a brief statement to make to help establish the record that the board has considered the advice of its research department. Mr. Mayor: All right, the Chair recognizes Rob Sherman and Ms. Burgess. Ms. Burgess: Good afternoon. Mary Elizabeth Burgess, Development Services Manager. Attorney Brown wanted me to just briefly go over just a couple of points that we have regarding the sections that both attorneys have referenced in this case. So with regard to the Hale House and its current location, they are completely correct when they speak about the special exceptions and 6 they are allowed in any zone. That the use is deemed essential or desirable to the public convenience or welfare and are in harmony with the various elements and objectives of the comprehensive plan. Transition homes are allowed by right in a B-1 and by special exception in a professional zone, a residential zone and an agricultural zone. With regards to this property they are proposing the 30-bed in patient drug and alcohol treatment which will last 30 to 40 days in stay. The patients will not be allowed to leave the premises while in recovery and they are projecting about 20 employees. The plan that we had received as part of the addendum has the new entrance and just for the members to see this a little bit more clear. You see the residential development, the sub-division to the east and the proposed new entrance along Georgia Tech Drive. As stated before the Planning Commission did recommend denial because they did not feel that the special exception conditions have been met as part of the criteria for this case so that being said the Planning Commission has not seen this additional plan as it was part of the addendum. If there are any questions, I can address them. Mr. Mayor: Are there any questions for Ms. Burgess? Okay. The Chair recognizes the st commissioner from the 1. Please speak into the microphone. Mr. Fennoy: This is the first time you have seen the changes that the Hale Foundation is proposing? Ms. Burgess: We received the site plan on March 27 and that‘s when we reviewed it after the Planning Commission had already made their decision. Mr. Fennoy: Okay and had you received this earlier, would it have made a difference on, I mean the decision of the Planning Commission would have been any different? Ms. Burgess: I can’t speak directly for what the Planning Commission may have voted but they did represent that if they had an additional plan, things may have been different. Mr. Mayor: Okay, Madam Clerk – Mr. Hasan: Excuse me, Mr. Mayor. Mr. Mayor: No, sir. I’m coming back to you. Madam Clerk, if we could get an accounting of who is here both in support and in opposition to this matter, now would be an appropriate time for us to do that. The Clerk: Okay, those that are in attendance that is in opposition to the special exception request, would you please raise your hand? Our Administrator estimates that there are approximately 48 in attendance in opposition to this zoning request. Those that are in support of the special exception, would you please raise your hand? 23 in support. Mr. Mayor: Okay, Madam Clerk, I also want to draw everyone’s attention to the petition that’s been placed before you to your seats. There is a petition from the residents of Green Meadows and it says the signature represents the residents of Green Meadows who are the constituents of District 6 and Super District 10. The Chair is going to recognize the commissioner th from the 6. 7 Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor, I just want to address the last question by my colleague Commissioner Fennoy to Ms. Burgess. He asked if they had additional information, would it possibly be a different outcome and her response and she can’t speak for the board however she did suggest that if they would have had something different, it may have been a different decision. I would like to say for the record at the Planning and Zoning Board, they voted on the substitute motion and the substitute motion was to consider allowing this to pass for the Planning Board to pass with the very same plan even though it was not on paper at that time and it failed 7-3. So that was talked about. It was the substitute motion and it failed 7-3. Thank you. th Mr. Mayor: All right, the Chair recognizes the commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. I’m (inaudible) at Commissioner Hasan. I serve on the Planning Board and I was there that particular day and I just don’t remember that incident that that conversation may be true – Mr. Hasan: It happened. Mr. M. Williams: -- I just can’t recollect that. When you get my age I guess you start to forget a lot of stuff. Mr. Mayor: Okay, everybody suspend. Mr. M. Williams: I guess my question though to the attorney is that this vote today will not pass if there is not a access through the Board of Education. It’s going to depend on whether or not that does happen so this vote here up or down if it goes out of here as a vote to succeed, it still has to have that access through the Planning and Zoning Board as that continues on or is that still, I mean I’m trying to figure out what we’re voting on. Mr. Brown: I believe and Mr. Trotter can speak for the petitioner but I believe their request is to grant their special exception on the condition that they gain entrance and exits through the Richmond County Board of Education property and to close off entrances to Green Meadows pursuant to their amended preliminary development plan so if you did pass it, it would pass it, they would proceed and receive that as a final zoning decision by this body however it would not take effect unless and until the petitioner actually got the easement from Richmond County Board of Education. If they fail to do so, that would in effect kill their special exception but it would not come back after the Board of Education granted it. Mr. M. Williams: And I think that helped me, Mr. Mayor. I was going to get not so much legal response. This would have to pass through the Board of Education for that easement or it would be null and void. It wouldn’t have to come back, it would be no good if it didn’t get that, is that right? Mr. Brown: Yes. Mr. M. Williams: That’s not lawyer talk. That’s back yard talk with Marion Williams. 8 th Mr. Mayor: All right, the Chair recognizes the commissioner from the 4. Mr. Sias: Thank you, sir. I have a question for Attorney Brown. Attorney Brown, understanding the statement you just made, but can you clarify something for us? In that the Planning Commission has not reviewed this proposed driveway or proposed ingress and egress, then would not with this any kind of conditional approval then would have cut out the Engineering Department, the Planning Commission and everybody who would review a complete site plan? Mr. Brown: It would not have cut out the Engineering Department before, this is a request for a special exception. This is not approval of a site plan. It would be approval or denial of a special exception. Engineering, Planning would still have their say before any development or operations or business license would be issued. However, it would cut out the Planning Commission. Mr. Sias: Thank you and that would be the very purpose of why that organization exists. I move that we uphold the decision of the Planning Commission. Mr. Hasan: Second. Mr. Mayor: All right, we’ve got a motion and a second. Mr. M. Williams: Got a substitute motion, Mr. Mayor. Mr. Mayor: All right. Mr. M. Williams: Substitute motion that we approve this document or this plan to go forward to the School Board to try to gain access and if it doesn’t gain access, then the plan should be null and void. Mr. Mayor: The Chair recognizes Attorney Brown. Mr. Brown: Commissioner Williams, would it be correct that you are making a motion that the petition by the Hale House which was assigned a case number of Z-19-08 their request for a special exception be approved pending and on the condition that the petitioner pursuant to its amended preliminary development site plan is granted by the Richmond County Board of Education an entrance to the site and close off all entrances and exits through Green Meadow and the same would remain closed? Mr. M. Williams: Yes, sir. Mr. Garrett: Second. Mr. Mayor: Okay, I’ve got a substitute motion with a proper second. We’re going to vote on the substitute at this time. Mr. Hasan: Mr. Mayor, I’d like to have a comment please. 9 Mr. Mayor: Let’s just vote first. Mr. Hasan: Mr. Mayor – Mr. Mayor: All right, voting. Voting on the substitute. Mr. B. Williams: Let’s be clear, excuse me, Mr. Mayor. Mr. Mayor: All right, suspend. th Mr. Mayor: All right, the Chair recognizes the commissioner from the 5. State your inquiry. Mr. Hasan: Hold it, Mr. Mayor. How do you do that? You don’t recognize me but you th recognize the commissioner from the 5. Mr. Mayor: (inaudible) multiple times. I want to hear what he’s saying. It’s not going to stop the substitute vote. The vote’s going to happen and then we’re going to move on and go to the next item. Mr. Hasan: It is my district. I should be able to make a comment on it. Mr. Mayor: I gave you that opportunity a little while ago. Mr. Hasan: No, no, you haven’t given me an opportunity to address this now. Mr. Mayor: Okay, here’s what I’d like everybody to do. Continue voting. I’ve got two th outstanding voters that have not voted yet. Commissioner from the 6, commissioner from the th 5, let’s vote. Attorney Brown, you want to restate the substitute so everybody’s clear on what they’re voting on? I’ve heard before that folks aren’t clear. Mr. Brown: With verification from Commissioner Marion Williams, the motion would be to grant the petitioner the Hale House Foundation, Inc. a special exception to establish an in-patient drug and alcohol treatment facility per Section 26-1-Z of the comprehensive zoning ordinance of Augusta, Georgia affecting the property known as 3042 Eagle Drive pending and on the condition that the petitioner pursuant to its amended preliminary development/site plan is granted by the Richmond County Board of Education an entrance and exist easement to the site and that the entrances and exits through the Green Meadow neighborhood would be and remain closed. th Mr. Mayor: All right, and we had a second from the commissioner from the 8. All right, Attorney Brown, is there a timeframe associated with that? Mr. Brown: Planning can verify but special exceptions can lapse within six months but in this case if the condition is not met the special exception would never have been perfected and would lapse if it fails to get the account of the Richmond County School Board. If you want to 10 give them a time period to get that so that is not out there in perpetuity, you could amend your motion to do so. Mr. Mayor: I wouldn’t recommend that. I think everybody knows exactly where they are. Let’s just vote. We’ve got one vote that’s remaining on the substitute. That’s you, commissioner th from the 6. Mr. Hasan: Mr. Mayor, I just want to say for the record that I think you conducted this meeting very unfairly. Mr. Mayor: Well, I listened to everybody. I hadn’t said anything. I listened to everybody. Mr. D. Williams, Mr. Sias, Mr. B. Williams and Mr. Clarke vote No. Mr. Hasan abstains. Motion fails 5-4-1. Mr. Mayor: Now let me state for the record. You’ve talked about you representing the district. I represent the city and I live in the city and I’ve heard from everybody. Everybody’s had nd an opportunity to speak on this matter. The senator from the 22 has spoken on this matter before. We are here to hear the petitioners. We’ve heard the opposition to it. I think everybody sitting up here we don’t need to cowtow, everybody knows where they are. At the end of the day we have a substitute that failed. We’re now going back to the main motion that the commissioner from the th 4 made. (Audience comments) No, it failed 5-4-1. The substitute motion failed. We’re now th back to the main motion and that main motion was made by the commissioner from the 4 with a th second from the commissioner from the 6. That is what we’re voting on. Voting. Mr. Fennoy, Ms. Davis, Mr. Frantom, Mr. Garrett, Mr. M. Williams and Mr. Clarke vote No. Motion fails 4-6. Mr. Mayor: Madam Clerk and to our IT, what I see is displayed here is the commissioner th from the 5 is still listed as Johnny Few. We’ve had a series of meetings and I know Commissioner Bobby Williams would rather be referred to as Bobby Williams than Johnny Few. The Clerk: I concur, sir. Mr. Mayor: All right, that motion fails. There is no action on this matter at this time. Attorney Brown, any direction you want to give me? Mr. Brown: For today the matter appears to be disposed of. Mr. Mayor: All right, thank you. We have one more item on the agenda, special called meeting agenda. Mr. Brown: One other matter. For clarity for the benefit of the community as well as the Commission, any further pursuit of this special exception would require a restart by the petitioner 11 as of I believe May 6 which would be the expiration of the nine months to get a final zoning decision. rd 4. Motion to approve Resolution proclaiming May 3 as James Brown Day in Augusta, GA in perpetuity. Mr. Sias: So move. Mr. Fennoy: Second. Mr. Mayor: I’ve got a motion and a second. Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes Attorney Brown. 5. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Mayor: I’ll entertain a motion to enter an executive session. Mr. Garrett: So move. Mr. Clarke: Second. Mr. Mayor: For purposes of personnel and litigation. Mr. M. Williams: Personnel and what are we going into legal for? The Clerk: Pending and potential litigation, real estate, personnel. Mr. M. Williams: Okay, I didn’t hear real estate. That’s why I wanted to make sure that I heard personnel. The Clerk: I need Commissioner Hasan. ththth Mr. Mayor: -- commissioner from the 6 to vote. Commissioner from the 4 and the 9. Please vote. Mr. Fennoy out. Motion carries 9-0. \[LEGAL MEETING\] 12 6. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Sias: I so move. Mr. Garrett: Second. Mr. Fennoy out. Motion carries 9-0. Mr. Frantom: I call on Attorney Brown for a motion. Mr. Brown: We request a motion to accept the resignation of Glenn Parker and to offer him six weeks of severance in the form of salary and benefit continuation and ask him and require him to provide consultation during those six weeks’ of severance as well as to waive the 90-day notice as provided for under PPM Section 500.311. Mr. D. Williams: Move for approval. Mr. Hasan: Second. Mr. Frantom: Got a motion and a second. Please vote. Mr. Clarke votes No. Motion carries 9-1. Mr. Frantom: Does that conclude all the items before us? The Clerk: We’re good, sir. Are you good, Mr. Brown? Mr. Brown: Yes. Mr. Frantom: Before we call the hearing to order, just want to take a moment and keep Mayor Davis’ father in your thoughts and prayers as he was rushed to the hospital about an hour ago and Mayor Davis has just left to go to that hospital so please keep the Davis family in your thoughts and prayers. \[MEETING ADJOURNED\] Lena J. Bonner Clerk of Commission 13 CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on April 30, 2019. ________________________ Clerk of Commission 14