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HomeMy WebLinkAbout05-06-1997 Regular Meeting AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL REGULAR MEETING Commission-Council Chambers May 6, 1997 2:00 p.m. AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL MEETING Meeting commenced at 2:05 p.m. Members of the Commission-Council present included Mr. Beard, Mr. Bridges, Mr. H. Brigham, Mr. J. Brigham, Mr. Kuhlke, Mayor Pro Tem Handy (presiding), Mr. Mays, Mr. Powell, Mr. Todd, and Mr. Zetterberg. Mayor Sconyers was absent. Also present were Lena Bonner, Clerk of Commission-Council; Randy Oliver, Administrator; and James B. Wall, Augusta-Richmond County Attorney. MR. EASTERBROOK: ...the Imperial Theater, it has been very difficult for us to make any capital improvements in the facility. In 1985 there was a significant renovation done of the Theater, however, that renovation was cosmetic only: paint, plaster, and carpeting for our audiences. We don't diminish the importance of that, however, the product that we produce relies upon the production capacity of the Theater. Our access to our fly loft is the third page of the photographs. This is a ladder that is uncaged. It is deteriorating from the wall of the Theater. This is where our technicians spend a great deal of their time going more than sixty-five feet over the stage floor surface. It needs to be upgraded to protect the public safety. I also have provided you with two photographs of the Theater seating and its state of disrepair. This is where we ask our consumers to spend sometimes an hour and a half/two hours seated in these conditions. More than thirty percent of the seating in the facility appears exactly as you see it before you. We have come to you with a proposal, and that has been distributed to the Commission. We have additional copies here as well. We are requesting $541,450 from the special one-percent sales tax, phase III funds for the urban district be allocated to the Imperial Theater. We have put forth a proposal as well that pledges and agrees that we will document our expenditures, if we are awarded these funds, through bids and invoices provided to the Consolidated Government. The Theater also pledges to continue with its capital campaign in an effort to match these funds. The capital campaign right now has a goal of $800,000. We would use the remaining capital campaign funds to cover any overages in our renovation project, and we would also use those funds to create an endowment specifically tagged for the perpetual care and renovation of the Imperial Theater. During the term of the agreement, also the Theater agrees to provide comprehensive certified financial audits. In light of this, the Theater sees this as a unique one-time opportunity to approach this body for this significant and this type of funding. We would utilize this funding to leverage private contributions to our capital campaign and also provide the much-needed infusion of renovation cash that we need to have to support the work of all of the groups that you see listed here in this proposal. Taking a quick look at our budget, we have a line item by line item budget for the expenditures. This is a bare bones, essential budget for the needed renovations in the Theater. There is no padding here whatsoever. And we can expect variations within these line items, but we feel that these are accurate figures. You also have distributed to you some new charts. The operating results of the Theater show an increase in attendance over Fiscal Year 93 through Fiscal Year 96. The number of events in the Theater cited here are public events and by no means include the months of rehearsal time consumed in the rehearsal and the numbers of private conferences, meetings, and social and professional functions that we hold at the Theater. The supportive documentation, a detailed listing of events for the last three calendar years of the Theater show an increase in audiences and also in the percentage of minority participation in our programs, moving from thirty-nine percent to this year, to date, a percentage of fifty-nine percent participation in our programs. Clearly our audiences have grown and diversified a great deal. I have also provided this body with the operating results of the Theater showing our net gain and loss on the operational side of our budget and some effort to document that we can maintain operations of the Theater. We are sorely in need, though, of the hardest money to raise, which is for capital improvements. I've gathered some figures, with the help of others, to let you know about a couple of other theaters in our area that have benefitted from renovations. The Tift Theater in Tifton, Georgia, renovated in about 1994, showed doubling in the number in attendance, the number of events held, and the number of gross income. I also have a letter from a member of the board of the League of Historic American Theaters and also a consultant in the field. Based upon the Imperial's activities, based upon it's renovation, hopeful renovation, over a three-year period it is projected that economic activity, economic impact, would be in excess of seven million dollars in this community. I hope that this has made some kind of a case for our Theater. There is a great deal of information here. You also have a listing of our board of directors. One thing also that I'd like to share with you are the initial artist renderings of what we hope our Theater will look like. Even in the audience space we include production capabilities. With that I might ask Ed Presnell if he'd like to say a few words, and I would be happy to take any questions that you might have. MR. PRESNELL: Thank you, Norman. I think Norman has done a more than thorough job in detailing our presentation and we would ask you to consider it. If you think as we do, that the Imperial is an integral part of the downtown area, the inner-city of downtown Augusta, we'd appreciate your favorable consideration. And we'll be glad to answer any questions that you may have either now or later on. MR. TODD: Mr. Mayor? MAYOR PRO TEM HANDY: Yes, Mr. Todd? MR. TODD: I'd like to get a motion on the floor, then I possibly have a question. I'd like to make a motion that we receive the report as information and we refer the request for funds to the special committee I believe headed by Mr. Ulmer Bridges over at Finance. MR. ZETTERBERG: Second. MAYOR PRO TEM HANDY: Okay, we have a motion and a second. Any other discussion? MR. TODD: Yes. I guess, Mr. Mayor, that I'd want to know what other sources of funding other than the private sector; are they receiving any funding from community block grant, et cetera. MR. EASTERBROOK: No, this year we were denied funding through the Community Development Block Grant program. One of the things that's in some ways unique about the Theater is that the management organization is a relatively young management organization. It's only about nine years old. The Theater has been in operation for eighty years. Public monies of this nature would be critical to the Theater securing federal funds. And, also, I've heard some commentary from the state funding sources that they do look to the amount of money and the amount of support that come from local government when they make their funding decisions. It would be a significant leverage for additional funds. MAYOR PRO TEM HANDY: Any other comment, questions? If not, all in favor of receiving this as information, vote by the usual sign. MOTION CARRIES 9-0. [MR. POWELL OUT] MAYOR PRO TEM HANDY: Next item, Ms. Bonner? CLERK: Yes, sir, Mr. Mayor. On the recommendation of the Planning Commission, they present to you as a consent agenda all items pertaining to Planning with the exception of Item 1, 5, and 8. And for the benefit of any objectors to the consent agenda I will read a portion of each zoning matter. If you are here in opposition to any particular one, would you please raise your hand to indicate your objection. 2 is a zoning request, to concur with the Planning decision to approve a petition from Reverend Willie Rivers, on behalf of the First Dayspring Baptist Church, requesting a Special Exception to expand an existing church as provided for in Section 26 of the Comprehensive Zoning Ordinance. 3 is a request for concurrence with the Planning Commission to approve with conditions that a six-foot privacy fence be installed on property along Wildwood Drive. 4 is a request for concurrence to approve a petition from Connie Force, on behalf of Barbara Sims, requesting a Special Exception to allow mineral exploration as provided for in the Comprehensive Zoning Ordinance. 6 is a request for concurrence to approve a petition from Carrick B. Inabnett, on behalf of Carlton E. McFerrin, requesting a Special Exception for the purpose of establishing a telecommunication tower on Mike Padgett Highway and Clark Road. 7 is a request for concurrence with the decision of the Planning Commission to approve a petition from Sherman & Hemstreet regarding change of zoning from a Zone B-1 (Neighborhood Business) to a Zone B-2 (General Business) on property located on the southeast right- of-way line of Gordon Highway, Barton Chapel and Gordon Highway. 9 is a request for concurrence to approve a petition from Owen A. Corley regarding a change of zone from a Zone R-1A (One-family Residence) to a Zone R-Mobile Home Residential on Cornelia Drive. 10 is a request for concurrence to approve a petition from Jimmy Howell on behalf of a change of zoning from a Zone R-1A (One-family Residence) to a Zone P-1 (Professional) at the corner of the intersection of Rosier Road and Peach Orchard Road. 11 is a request for concurrence from the Planning Commission to approve a petition from Ruth Jones, on behalf of Ruth and Ollie Jones, requesting a zoning change from a Zone R-1C (One-family Residence) to a Zone R-Mobile Home Residential on property located on Horton Drive. 12 is a request for concurrence to approve a petition from the Planning Commission with the conditions that the petitioner shall keep only ten children at a given time and that such time as this use shall cease, the zoning of the property shall revert back to a R-1A (One-family Residence). A petition from Benjamin Allen, on behalf of Mamie Reese, for property located on Grand Boulevard where it intersects with Ninth Avenue. Item 13 is a request of concurrence to approve a petition from Kenneth Daniel, on behalf of Lillian Brush, requesting a change of zoning from a Zone A (Agriculture) to a Zone B-1 (Neighborhood Business) on property located on Wrightsboro Road, the intersection of Cresent Drive and Wrightsboro Road. Any objectors? MR. TODD: Mr. Mayor, I'd like to pull Number 4 and [inaudible], but I'd like to hear more on it. MAYOR PRO TEM HANDY: Any others? MR. TODD: Mr. Mayor, I so move that we approve the others. MR. KUHLKE: Second. MAYOR PRO TEM HANDY: We have a motion and a second. Any discussions? If not, all in favor, vote by the usual sign. MOTION CARRIES 9-0. [MR. POWELL OUT] MAYOR PRO TEM HANDY: Item 1? CLERK: Item 1 is a request for concurrence with the decision of the Planning Commission to deny a petition from Leroy Tyler, on behalf of Louise Mayberry Jordan, requesting a Special Exception for the purpose of establishing a juvenile home group as provided for in Section 26-1, Subparagraph (g) of the Comprehensive Zoning Ordinance for Augusta-Richmond County on property located on the northwest right-of-way line of Lumpkin Circle (Lumpkin Court), 97 feet, more or less, north of the northwest corner of the intersection of Lumpkin Road and Lumpkin Circle (2331-33 Lumpkin Circle). MAYOR PRO TEM HANDY: George? MR. PATTY: Mr. Mayor, the petitioner is here and I believe the objectors are here. They want to establish a home for juveniles, eight to ten juveniles, and they are affiliated with Juvenile Court and Family and Children Services. And it's sort of a transitional area. It's zoned Professional; it's one of the old duplexes that are numerous in that area. And we did have objectors and by a close vote they were defeated. MAYOR PRO TEM HANDY: Okay. Could we hear from the petitioner? Give us your name and address, please. MS. COLE: Okay. I'm Louise Cole; I'm located at 2327 Lumpkin Court. I'm a real estate agent there at Tips real estate company. The building next door, 2331 Lumpkin Court, is the one that they're talking about today about rezoning. I do -- I've been in that area about fifteen years and I do not see a problem with having a group home in the area. I wasn't at the previous meeting, but they've mentioned that parking was a problem in the area. In the front there is enough like for two cars, but I've got the dimensions of the lots on the side and the back and there's ample space there for parking several cars. It's like 108 on -- well, one side is 129 feet, the other side is 100, and in the back is like 110. In the very front it's like 15 --55 feet. There is enough for like two cars. But I don't find a problem with me, with my office right next door, having a group home in the area. I think it might benefit it to some extent. At least leaving late at night, knowing someone is there, might not be a problem to me. And Leroy, he mentioned that the people will be well supervised so that they won't be running in the streets and they'd be -- and they would have someone with them at all times, and I felt that something like that in the area [inaudible] it couldn't hurt the area. REV. SHINE: My name is Reverend Shine. I live at 402 Aiken Street, however, Mr. Tyler came to me as a former teacher of his and he showed me a proposal which I thought was a valid proposal. It proposes to address and help trouble kids and stop them from getting in trouble, and I think that's a noble idea. He's planning to do this by more or less a structured environment and set up a program that these kids will be able to work in, and if nobody can show cause that it would disrupt the community, I strongly recommend that his proposal be approved. Thank you. MR. ALLEN: Mr. Mayor Pro Tem, distinguished members of the Commission, my name is Sam Allen. I have been employed by facilities in charge of YDC for twenty years, and I assure you, any doubt that's in your mind of any sort of disruption of the neighborhood and the community will not falter on any misrepresentation of Mr. Tyler nor the members that's going to be conducting this group home. There seems to be a voluntary movement in communities as far as juveniles are concerned. Well, my saying to you is this: If communities are going to have an on-hand in community action one day, presentation of the juveniles in their community, such a group home is needed. And I assure you that if anyone has any doubts about disruption of juveniles, just go to Krystal's around two o'clock in the morning. This is needed in every community. We don't have one here in Augusta, and I assure you there will be an outstanding representation with Mr. Tyler and his group if given a chance. Thank you. MAYOR PRO TEM HANDY: Anyone else? Do we have anyone opposed to this particular request? MR. TODD: Mr. Mayor? I'd like for the County Attorney to read the zoning statute as far as the requirements as far as any financial benefits. I think that's appropriate anytime that you're doing a zoning before we have individuals in support or opposed to. I know this is done at the Planning and Zoning, but, you know, there's a possibility that some folks is involved that was not at the Planning and Zoning level. MR. WALL: Mr. Todd, I did not bring my zoning ordinance with me. I'll be glad to send that, because I don't really know if George has his copy of it or not. MR. PATTY: If you're referring to the zoning disclosure law, I can tell you what it says. It says that anybody having paid a contribution to the campaign of anyone sitting on this board of over $250 has to disclose that [inaudible] on the board. And we do read that at the public hearing. It is required to be read. We have not done that here in the past; it's not required by law to be done. MR. TODD: Thank you. MR. BEARD: Mr. Mayor? MAYOR PRO TEM HANDY: Yes, Mr. Beard? MR. BEARD: I would like to hear from the Planning Commission as to why this was denied at this time. MR. PATTY: Well, let me preface what I'm going to say by telling you I'm over here to present the Planning Commission's position on it, and their position was to deny it. Now, my personally -- the objectors -- there were a few objectors and they seemed to be business people from the area that were concerned about the disruption. I think the other side of this is, you know, this is something I think we all recognize is needed in the community, but I don't think you'd ever find a place that nobody would object to it. And while this site, in my opinion, is not --obviously not ideally suited for it, it's an old duplex on a busy street, you know, I don't know where you'd ever site something like this that you'd have less objection to it. And the petitioners seem to think the site is suitable. MR. BEARD: Do they meet all the requirements, local and state requirements for this type facility? MR. PATTY: The -- well, I can tell you what the size of the building, but I don't guess that's really relevant. It's a four-bedroom, two- bath building, and they want to have eight juveniles. The state is going to fund it, and I would assume they would regulate it as far as the space per person and that sort of thing. I think our role is to look at the way that it fits into the community, and that's what the basis of the zoning is. I think you could make a case that they do. MR. TODD: Mr. Mayor? MAYOR PRO TEM HANDY: Yes, Mr. Todd? MR. TODD: I believe on the land use authority that we have, that we can put stipulations to the number, and if we have four bedrooms we don't have enough room for possibly eight juveniles. And I would be concerned about the other floor space in the house, and certainly if --you know, I can understand from that point of view, and I would assume that the juveniles would be all male, you know. And certainly I think that, if I understand the zoning statute correct, that, you know, we have some discretion when it's dealing with special exceptions as far as whether it's going to have a negative impact or create a environment that is not in harmony in the community. So -- and I stand to be corrected if I'm wrong there, but I just wanted to point out, you know, those points now. I would like to hear from the objectors if they are here because I need to know why or what reasons and what fears or realities that they feel that's there as far as rezoning it. MAYOR PRO TEM HANDY: Jerry? MR. J. BRIGHAM: George, since I wasn't at the Zoning Commission when y'all did turn it down, would you give me a flavor of why it was turned down or some of the objections the objectors raised at that time? MR. PATTY: People -- keep in mind it's been a month ago since we had this meeting. MR. J. BRIGHAM: Well, I understand that. MR. PATTY: The way it was lined up, it was the day before your meeting. I recall that the people that objected were business owners in the surrounding community and that they were afraid of vandalism and disruption of their business, littering in parking lots and -- you know. And every one of them prefaced their remarks by saying "We realize these facilities are needed, but." That's the way I recall it. MR. J. BRIGHAM: Did you have any residential objectors? MR. PATTY: I don't believe so. MAYOR PRO TEM HANDY: Mr. Mays? MR. MAYS: Yes. Mr. Patty, you all are still -- and I know what you said about bringing the Planning Commission's vote recommendation. That's your message-carrying job is to go do that. MR. PATTY: Yes, sir. MR. MAYS: You all are still doing staff recommendations, I believe, on every one that you do; right? MR. PATTY: Yes, sir. MR. MAYS: Okay. The difference in Number 1 and I believe in Number 12, which we approved on the consent agenda -- and I voted for Number 12. But in terms of the neighborhood impact as far as staff recommendation, did you all not find any difference there in the one that the Planning Commission approved in terms of the ten kids on Ninth Avenue and the situation we're constantly working in? And I voted for it and I notice that we approved it, but I was wondering, from staff side of it, how did that fit into the comparison. Because we're talking about eight young people in one area in terms of state financing and trying to help it as well as people who are working with it who do that on a day-to-day basis, and yet we also in another high-risk area, which we just approved on a consent agenda, even though I know the age limit may differ in children, but we're almost facing a situation now where we got to start almost from a cradle standpoint of where you're working with young folk. Was there any difference in the staff -- MR. PATTY: No. Actually, the staff recommended the one on Ninth Avenue be denied, and the basis for that was it's a seven hundred square foot house in the middle of a residential area and it requires rezoning as opposed to special exception, which this one could be done under a special exception. MR. MAYS: So the staff report -- where you all recommended that we deny, the Planning Commission approved it. MR. PATTY: That is correct. MR. MAYS: And the one basically where you all may have seen a lesser impact, the Planning Commission voted to deny it. Mr. Mayor, I'm going to make a motion that we reverse the decision of the Planning Commission. I'm going to make a motion that we approve Item Number 1 for a special exception. MAYOR PRO TEM HANDY: Okay. I have a motion, do I hear a second? MR. TODD: Mr. Mayor, I'm going to second the motion to get it on the floor and possibly will have an amendment. MAYOR PRO TEM HANDY: Okay. We have a motion and a second to reverse the action of the Planning Commission. Any discussion? MR. TODD: Yes. Mr. Mayor, I guess my question to the petitioner, what age are these youth going to be in range; you know, from eleven to twenty or from nine to nineteen or? MR. TYLER: The age group would be no higher than seventeen years of age. MR. TODD: No higher than seventeen? MR. TYLER: Yes, sir. MR. TODD: And I would assume that what your organization is doing is housing some of the youth to relieve some of the overcrowding situation out at YDC, so they're not going to send you the hardcore folks out there, are they? That's the next question. MR. TYLER: That's correct. MR. TODD: Okay. And you're going to have a monitor person in the house at all times that's going to deal with that? And that's, I guess, the follow-up. MR. TYLER: Yes. All of the staff that will be employed here will be certified law enforcement officers either through law enforcement training school or correction officers in Forsyth, Georgia. MR. TODD: Right. And you will have alert staff on twenty- four hours a day [inaudible]. MR. TYLER: That's correct. MR. TODD: Okay. I'm not going to amend the motion; I'm just going to let it stand, Mr. Mays. MAYOR PRO TEM HANDY: Mr. Bridges? MR. BRIDGES: That answered my question. MAYOR PRO TEM HANDY: Okay. Mr. Powell? MR. POWELL: No, sir. MAYOR PRO TEM HANDY: Mr. Beard? Zetterberg? Henry Brigham? Mr. Kuhlke? Mays? Mr. Jerry Brigham? Okay. All in favor to reverse the Planning Commission's decision, vote by raising your hand. MOTION CARRIES 8-2. MAYOR PRO TEM HANDY: Next item, please? CLERK: Item Number 5 -- 4: A request for concurrence with the decision of the Planning Commission to approve a petition from Connie Force, on behalf of Barbara Sims, requesting a Special Exception to allow mineral exploration as provided for in Section 7-2 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County, on property located on the north right-of-way line of Gordon Highway. MR. TODD: Mr. Mayor, I'd like to hear more from Planning and Zoning on this one. I guess we've run into some problems with minerals extractions before, and I want to know where it's at -- a better concept of where it's at. MR. PATTY: Okay. This is the people that are operating at the current location off of Belair Road that's been such a problem for a couple of years, and if this is approved they will relocate forever their operation from that site to this site. This site is off Gordon Highway. It's got frontage on Gordon Highway. It's out west of Gate 2 -- it's west of Gate 2. We didn't have any objectors. I don't foresee any problems for the residents of Richmond County. MR. TODD: No residential subdivisions adjacent to this site? Okay. I'm going to so move that we approve. I just wanted to make sure. MR. KUHLKE: Second. MAYOR PRO TEM HANDY: Okay, we have a motion and a second to approve. Mr. Zetterberg? MR. ZETTERBERG: Yes. I'd like to just clarify something. This -- we saw the Buckhead Community in here over a year ago, and this is the case where the Force Trucking Company had been penalized so they had to move right through the residential area. We've been working for almost a year now to try to find an alternative site, and this is the alternative site, and I request that y'all approve it unanimously to relieve this problem and put my work to a close. MR. TODD: Yes. Well, I would also like to -- you know, can we change the zoning of the other location when we're doing this? MR. PATTY: Well, the other location was never zoned. They were in there as not for the use. And it was deemed mining prior to the zoning ordinance being adopted, so it was never actually zoned. MR. TODD: Okay. So once they leave, if they wanted to go back they'd have to come and get it zoned? MR. PATTY: After two years they could not come back. MR. TODD: Okay. Well, I'm going to at least depend on their good faith to not go back. MAYOR PRO TEM HANDY: Any other discussion? If not, all in favor of the motion, vote by the usual sign. MOTION CARRIES 9-0. [MR. POWELL OUT] MR. ZETTERBERG: Mr. Handy, I think Ms. Force wants to -- MS. FORCE: Mr. Todd, I can answer your question right here. At the time we close the pit that we are using now, the mineral pit we're using now, and we move to this new location, Dr. Fred Sims will own this property. It is going to be part of a commercialized zone in a residential zone. No, we will not go back. MR. TODD: Thank you. MS. FORCE: Thank you. MAYOR PRO TEM HANDY: Excuse me. Could you tell us your name and address for the record, please? MS. FORCE: Connie Force, 929 Fieldstone Road, Grovetown, Georgia. MAYOR PRO TEM HANDY: Thank you. Yes, Mr. Zetterberg? MR. ZETTERBERG: I'd like just to thank Ms. Force for cooperating in this. It's been a long ordeal for both Force Trucking and the Buckhead Community, and I'm glad that Dr. Sims was able to come through and solve this issue and you all agreed. Thank you very much. MAYOR PRO TEM HANDY: Okay. Item 5, Ms. Bonner? CLERK: A request for concurrence with the decision of the Planning Commission to deny a petition from Terry and Daphne Cantlow requesting a Special Exception for the purpose of establishing a family personal care home on property, Willis Foreman Road. MR. PATTY: Okay. This was presented to us as a request to have six elderly folks live in a mobile home on the lot adjoining these people's house on Willis Foreman Road. We had a substantial number of objectors, and it was defeated. MAYOR PRO TEM HANDY: Okay. Is the petitioner present? MS. CANTLOW: Uh-huh. MAYOR PRO TEM HANDY: Okay. Could you state your name and address for the record, please? MS. CANTLOW: Yes. My name is Daphne Cantlow and I live at 2676 Willis Foreman Road. The purpose of this personal care home -- in the beginning when I went down to rezone it I explained to them that there was a possibility that it could be a trailer or it could be a structured home. And I asked them what was my right, and they told me -- the land was not rezoned. It's not agricultural land, so they told me I do have the right to put a mobile home there. So I asked them would it be okay if I operate it temporary out of that mobile home, and they told me -- their stipulation required one person to live there and two non-family members to live in it, which would be a total of three. So when I -- before I purchased this land I went down and I talked to Mr. Jackson at the Zoning Commission and told him what my reason was for this, and he said he didn't see a problem with this. And then I had a conversation with Mr. Austin and Mr. Austin, he told me pretty much before I even paid the money to be rezoned that he would not refer me to do this, and I asked him did he know something that I didn't know. He said, well, it's just no way you can have one there, and I said how come, because there is a personal care home already there out in that area that people is operating out of their home. And the people that was against this, which is in Walton Acres, live at least about seven hundred feet -- or seven hundred to eight hundred feet distance away from me. Now, there was a lot of people that was for me, but they was not able to come because of their jobs, so I did present their letter that they wrote to them. And the people that live within three hundred feet to five hundred feet approved of this. They didn't have any objection to this. Now, there is a ranch across from me where people breed horses. There is two trailers in the back of me and there is a trailer in the front of me, and I just don't understand. And my purpose is to help the elderly people. I mean, we know elderly people -- there's a waiting list for these nursing homes. These people have no where to go and they just move from place to place, from place to place, and this was just my goal that I wanted to do something as a citizen for the people that, you know, need this type of help. MAYOR PRO TEM HANDY: Okay. Do we have any objectors present here today on this petition? Okay. Could you come to the mike and give your name and address for the record, please? MR. LANDRUM: My name is Mr. Landrum, I'm a resident of Walton Acres, and we continue to object to the idea of moving the trailers in that area. I'm representing the approximately twenty-five other families that signed the petition at the first meeting. MR. TODD: Mr. Mayor? MAYOR PRO TEM HANDY: Just a minute, Mr. Todd. Do we have any other objectors? [None noted] Yes, Mr. Todd? MR. TODD: Mr. Mayor, I'd like to make a motion that we deny. I guess that's going along with the decision of the Planning and Zoning. MR. BRIDGES: Second. MS. CANTLOW: Can I say something? MAYOR PRO TEM HANDY: Sure. MR. CANTLOW: You know, he's saying he denied the motion of a trailer. I have a petition here that I have the right to put a mobile home on my trailer [sic] regardless. They're worrying about bringing on depreciation of their homes, but I have here in my hand that gives me the right to put a mobile home on the same area that I want to operate from. And no one can stop it, that is my right. And my intention is to still put a trailer there, and the law requires that I can have three people, and that's my intention and what I'm planning to do. MAYOR PRO TEM HANDY: Okay. Any other discussion? If not, all in favor of Mr. Todd's motion, let me see -- usual sign of voting by raising your hand. MOTION CARRIES 9-0. [MR. POWELL OUT] MAYOR PRO TEM HANDY: Next? CLERK: Item 8 is a request for concurrence with the decision of the Planning Commission to approve a petition from Bobbie Jernigan, on behalf of J.F. Clements, requesting a change of zoning from a Zone R-1A (One-family residence) to a Zone B-2 (General Business) on property located on Harding Road. MR. PATTY: This is significantly back in the neighborhood from Highway 25, and it got approved because there's another spot zoned back there even though it's in a residential area. And the petitioner -- there were no objectors. The petitioner wanted to fix lawn mowers back here, and in the confusion the condition did not get put into the motion, and I would like y'all to consider adding the condition to the zoning of this property that the use of this property shall be limited to a lawn mower repair shop or the uses allowed in the R-1A Zone, and that if the lawn mower repair shop ceases to operate, then the property would revert to R-1A. MR. TODD: Mr. Mayor, I'm going to make a motion that we disapprove the rezoning. MAYOR PRO TEM HANDY: We have a motion come from Mr. Todd to disapprove. Do we get a second? If not, the motion dies for lack of a second. Mr. Bridges? MR. BRIDGES: I want to know if there are any objectors to the recommendation with the condition in there. MS. JERNIGAN: I'm not an objector, I'm Bobbie Jernigan. The reason that I'm here is because my husband does want to work on lawn mowers, and -- I don't know his name, but he -- MR. H. BRIGHAM: George Patty. MS. JERNIGAN: Y'all approved the people next door to me last year for a detail shop. On the other side of me is also a lawn mower shop. I'm right there in the middle. Like you said, I had no objections last time. It is closed off, there is no lawn mowers in the front yard. I was told that I was not allowed to have them out in front in the open. MAYOR PRO TEM HANDY: Okay. Mr. Beard? MR. BEARD: I move that we approve this with the stipulation that Mr. Patty injected into this. MR. ZETTERBERG: Second. MAYOR PRO TEM HANDY: We have a motion and a second. Any discussion? MR. TODD: Yes. George, what is the zoning along the road there? MR. PATTY: The predominant zoning, you know, away from the commercial strip on Highway 25 is R-1A, I believe. Now, the adjoining property is zoned B-2 with a condition, a similar condition that we're recommending on this one. MR. TODD: Yes. And where is those properties located? Is it facing 25 or is it -- MR. PATTY: No, they're back in the neighborhood facing Harding Road. MR. TODD: Yes. You know, we have a comprehensive zoning that we approved to go in and mix where we have predominantly zoned One-family Residential. I can't support and I will so vote that way when it come up. MAYOR PRO TEM HANDY: Any other discussion? If not, all in favor, usual sign of voting. MR. TODD VOTES NO. MOTION CARRIES 9-1. MAYOR PRO TEM HANDY: Next item, please? CLERK: Under the Finance portion of our agenda, Items 14 through 31 were approved by the Finance Committee on April 28th. [Item 14: Motion to approve refund of prior year taxes (1995) for Henry L. Kent (personal property account no. 1338400.02). Item 15: Motion to approve refund of prior year taxes for A.J. Kellos Construction Company (personal property account no. 2026364). Item 16: Motion to approve refund of prior year taxes (1996) for Ella Mae Mark (Map 314, Parcel 15). Item 17: Motion to approve refund of prior year taxes (1996) for Roy E. Williams (Map 45-3, Parcel 96). Item 18: Motion to approve refund of prior year taxes (1996) for David E. Hall (Map 122-3, Parcel 61). Item 19: A request from Dora G. Hamilton (Sheriff's Department) to purchase 6 years 0 months prior years service in the 1977 Pension Plan. Item 20: Motion to approve refund payment of ad valorem taxes paid on mobile home for the tax years 1994, 1995, and 1996 in the sum of $400.22. Item 21: Motion to approve recommendation of the subcommittee for annual project allocations of the Urban Special One-cent Sales Tax, Phase III, subject to quarterly review. Item 22: Motion to approve amendment to Professional Services Contract between AMCVB and Augusta- Richmond County - 42.2% of total mixed drink taxes January 1, 1997 through July 31, 1997. Item 23: Motion to approve intergovernmental agreement between Richmond County and the Augusta Canal Authority providing for the sale of water from the canal and for the employment of the Executive Director. Item 24: Motion to approve contract between Augusta-Richmond County and Immaculate Conception School which is part of the Capital Improvement Plan of Phase 3 of the 1-cent Sales Tax. Item 25: Motion to approve Agreement between Augusta-Richmond County Commission and Olde Town Associates, L.P., for sale of 50 buildings in Olde Town Neighborhood. Item 26: Motion to approve advertising for Home Rule amendment to amend purchasing procedures. Item 27: Motion to approve Administrator pursuing creating a regional record retention facility in Augusta-Richmond County. Item 28: Motion to authorize distribution of pension funds (including interest) in the amount of $1,377.66 for pension contribution made by former employee. Item 29: Signing of contract with the State of Georgia (Department of Children and Youth Services) for the period July 1, 1997 to June 30, 1998 (funds to be paid from General Fund Contingency). Item 30: Motion to approve Organizational Chart for Information Technology including deleting Computer Operator position and adding Application Developer position. Estimated financial impact, exclusive of salary study impact - $7,804 plus benefits. Item 31: Motion to approve Telecommunications Technician in the annual salary (plus benefits) in the amount of $43,750.00 to perform telephone work in-house.] MR. J. BRIGHAM: Mr. Mayor, the Finance Committee brings these to you as a consent agenda and we ask the committee to -- ask the Commission to approve all items. MR. BEARD: I second that motion. MAYOR PRO TEM HANDY: I have a motion and a second. Any discussion on Items 14 through 28? CLERK: 31. MAYOR PRO TEM HANDY: Okay. Mr. Kuhlke? MR. KUHLKE: Mr. Mayor, I'd like a little discussion on Items 21, 22, and 27, please. MR. ZETTERBERG: I'd like to have Item 31 removed. MAYOR PRO TEM HANDY: Okay, we're going to pull those. Do you have any other problems with the rest of them? If not, all in favor of the motion, show by raising your hand. MOTION CARRIES 10-0. CLERK: 21 is a motion to approve a recommendation of the subcommittee for the annual project allocations of the Urban Special One-cent Sales Tax, Phase III, which would be subject to quarterly review. MR. J. BRIGHAM: Mr. Mayor, the subcommittee made a -- and I don't have it in front of me, but a schedule of --we had just a list of projects, and basically what we did was have the subcommittee put them into a time phase over the remaining period of Phase III sales tax. The committee still stands with the recommendation that we approve this as presented. MAYOR PRO TEM HANDY: Any other discussion? MR. KUHLKE: Mr. Mayor? MAYOR PRO TEM HANDY: Yes, sir, Mr. Kuhlke? MR. KUHLKE: I don't know that I have an objection to any of these items that I asked to be pulled, but my problem is that I read the background but I don't have a copy of the schedule that you refer to, Mr. Brigham, and I'm wondering if we as Commissioners are going to get a copy of that. MR. BRIDGES: That's in the detail for the committee meetings. MR. KUHLKE: I'm not on the committee. CLERK: It was passed out in the agenda book for committees, Mr. Kuhlke. MR. KUHLKE: I don't remember seeing a copy of it. MR. ZETTERBERG: I also have a problem -- the same problem Mr. Kuhlke does, and I'd like to see us administratively include them in this package so that we don't have to keep cross-referencing those things. MR. OLIVER: I agree. MR. TODD: Mr. Mayor? MAYOR PRO TEM HANDY: Yes, Mr. Todd? MR. TODD: Mr. Mayor, I guess I have a couple or three questions. One is, are we deviating from what was in the resolution that called for the referendum which, therefore, was in the referendum as far as projects go? Are we deviating from that -- the dollar amount, the projects, or the time schedule? MR. J. BRIGHAM: The problem is the urban service -- old urban services side, they did not have a time schedule. And what we're doing is -- we have not increased the dollar value, all we have done is assigned a time schedule to it. MR. TODD: Yes. And I think that in the culture part they didn't have a dollar amount designated to what culture projects, so did y'all do anything there? MR. BRIDGES: There is dollar amounts designated for that, and that -- it was the historical and cultural area that -- we sent out letters to the different entities involved, told them what our payment schedule would be over five years, asked them if they wanted to make any recommendations, any changes, or could they live with the payment schedule. We took their -- what they had to say in light of the plans for payment for these projects, and that's where we -- and that's the recommendations we made. Because we want everybody -- all these entities to understand that as we've got it paid out for the next five years is how it's going to be so we won't have these groups coming back to us asking us for all their money up front or a portion of their money up front or anything like that. So everybody in all the groups involved understand the pay schedule over the next five years, and we're basically asking for approval as recommended. MR. TODD: Mr. Mayor, I don't have a problem with it. And I know back in '95 when we were trying to pass the one-penny that, you know, we worked with the former city on making sure that all the projects and money was identified, and as far as I can remember there was only culture and possibly, you know, others. Most of the projects was identified, and so I'm on board and can support it. MAYOR PRO TEM HANDY: Okay. Mr. Kuhlke, did that answer your question? MR. KUHLKE: Yes. MAYOR PRO TEM HANDY: Okay. Mr. Zetterberg, do you have a question? MR. ZETTERBERG: I'm just trying to recall, is this some of the monies that we had initially talked about for the Woodrow Wilson house? Was that included in this part or was that separate? MR. J. BRIGHAM: That's separate. MR. ZETTERBERG: Okay. I have no further questions. MAYOR PRO TEM HANDY: Okay. Do we have a motion and a second on the floor? MR. J. BRIGHAM: If not, I'll make the motion again for the committee to approve. MR. BRIDGES: Second. MAYOR PRO TEM HANDY: Okay. I have a motion and a second to approve. Any discussion? If not, all in favor of the motion, usual sign of voting. MR. MAYS ABSTAINS. MOTION CARRIES 9-1. MAYOR PRO TEM HANDY: Jerry? MR. J. BRIGHAM: Mr. Mayor, on Item Number 22 there is a -- due to the way that the contracts were written in the past between the old City of Augusta and the County of Richmond through distribution of the excise tax on mixed drinks is the necessity of this motion. This motion was made to give us -- we've got a subcommittee working on trying to resolve some funding issues. And we were trying to make sure that the Convention and Visitors Bureau got their allocation of funds from the first of the year, which I understand we are not currently paying them, and this is a method of trying to keep it revenue mutual at this point till we can have that subcommittee report back on the distribution of funds, and therefore the committee would recommend that we approve these items -- Item Number 22. MR. BRIDGES: Second. MAYOR PRO TEM HANDY: Okay, we have a motion and a second on the floor. Any discussion? If not, all in favor, vote by the usual sign. MOTION CARRIES 10-0. CLERK: Item 27 is a motion to approve the Administrator pursuing creating a regional record retention facility in Augusta. MR. J. BRIGHAM: Mr. Mayor, this motion, which I will make again on behalf of the committee, is to pursue the creation of a regional retention center. We are all knowledgeable on the committee that we are now looking at our own record retention center. There was a bill that was passed in the last legislative session that allows counties to store their records within a hundred miles outside of the county, and what we was hoping is while we were looking at the development of our own record retention center, that possibly we could become a regional record retention center and have some offsets from some of the other areas if they so wish to participate. MR. BRIDGES: Second. MAYOR PRO TEM HANDY: We have a motion and a second on the floor. Any discussion? MR. KUHLKE: Mr. Chairman? MAYOR PRO TEM HANDY: Yes, Mr. Kuhlke? MR. KUHLKE: Mr. Brigham, I wonder if you would amend your motion so that it reads that whatever recommendation the Administrator comes back with, that he would coordinate the results of his recommendation to be coordinated with the consultant that we are probably in the next two weeks will be hiring to come back with recommendations on space needs. And I mean the early recommendation, which I think, Mr. Oliver, is July of this year? MR. OLIVER: July/August. MR. KUHLKE: And the reason I say that is that we've been -- we've got a serious problem with record retention right now, and I don't -- this thing has drug out for almost eight months and I would like to see it brought to a conclusion. MR. J. BRIGHAM: I'll accept your amendment. MR. KUHLKE: Thank you. MAYOR PRO TEM HANDY: Any other discussion? MR. TODD: I guess not, Mr. Mayor, because I was going to come along the same line as Mr. Kuhlke, is that -- and I think that possibility of our request for proposals as far as the requirements didn't mention regional, but maybe we need to amend that before we select a consultant, that we look at doing a regional in Richmond County. MAYOR PRO TEM HANDY: Okay. All in favor of the motion, vote by the usual sign. MR. ZETTERBERG: Mr. Handy, I have a question. MAYOR PRO TEM HANDY: Okay. Go ahead, Mr. Zetterberg. MR. ZETTERBERG: My question is, what does pursuing mean? MR. OLIVER: To me what pursuing means is that I will contact the cities and the counties within, you know, a one-county area and find out whether there's any interest with them. There may have been -- MR. ZETTERBERG: Okay. This is a study. This is not a commitment to man, pay for -- MR. OLIVER: No. It'll -- just basically do you have an interest in doing this and it'll be yes or no. MR. ZETTERBERG: Well, I commend the Administrator for taking that action. I think there's a lot of places where we can save money by regionalizing and I'm in full support. I just want to make sure before we pursue something and commit to something, that we do get an opportunity to look at it. Thank you. MAYOR PRO TEM HANDY: Any other discussion? If not, all in favor, vote by the usual sign. MOTION CARRIES 10-0. CLERK: Item 31 is a motion to approve a Telecommunications Technician and the annual salary plus benefits in the amount of $43,750 to perform telephone work in-house. Approved by the committee on April 28th. MR. J. BRIGHAM: Mr. Handy, I'm trying to remember, I thought we received this is as information. CLERK: We approved it. Finance approved it. MR. J. BRIGHAM: All right. In that case, the committee stands with its recommendation. MR. BRIDGES: And I'll second. MAYOR PRO TEM HANDY: Okay. We have a motion and a second. Do we have any discussion on Item Number 31? MR. TODD: Mr. Mayor, I'm kind of up in the air like I was in committee meeting on whether we needed to do this, but certainly we brought a professional in from industry and this is his recommendation along with the Administrator, so I guess I'm going to eat crow and support it. MAYOR PRO TEM HANDY: Okay. We have a motion and a second on the floor. Any discussion? Mr. Zetterberg? MR. ZETTERBERG: I'm going to continue to object to this, and I object to this for a couple of reasons. First of all, when we consolidated the government we created an enhanced retirement program. We took a hundred and twelve people out of the government. To this day we have not been told exactly how many people have been added to the payroll. Second of all, there is no trade-off at all. I'm assuming that we're now increasing the ceiling by one person, and I would object to doing that unless somebody showed me a way to take one person back or give up one person. Another reason for objecting is that this is one position. I understand our costs have been up in the seventy thousand to eighty thousand dollar range. This is one fixed position at forty-three. I maintain that one person can't do all the work that you're going to want to do, and it's going to cost more money to bring in people you're going to have to contract anyways to do things that this individual can't do. I would agree that this does hasten getting work done. Rather than having to wait six or seven days to have your telephone changed, then you probably could get it down to one day--if he wasn't too busy at that particular time. So I would rather see us say okay as a Commission, you can have this one position if you choose, but you have to choose and pick which position you're going to give up. I think there's a mandate from the public that they fully expect that we will reduce the size of government. I've been on the Commission now for a year and a half, I haven't seen one effort to reduce one person on the government. Our ceiling is still approximately twenty-three -- what, twenty- four hundred people? And we have made no effort whatsoever to reduce people. So I think that we as a body, if we approve this action, I think that we are demonstrating poor faith with the public in adding people without reducing the size of the government. MAYOR PRO TEM HANDY: Any other discussion? MR. OLIVER: I would like to make a comment in that regard. Our concern -- and Mr. Rushton is in the audience and prepared to answer any questions. Our concern is that we do not have anybody, if you will, that watches the telephone bill. We currently pay $72,000 a year to procure services from an outside vendor who clearly is not the most cost effective in doing that. I think everyone would agree with that. The services that we obtain from them are principally in the way of software changes; they don't deal with cabling and that type thing. And we believe that because of the advent -- and telephones today are principally computers. Because of the advent of the changes in computer technology we need somebody who represents our best interest when it comes to making changes in the phone system to make sure we are on the best rate plan possible, that we have a phone system that functions to the capability that we believe that it should function to, and clearly I do not think the phone system functions at that level right now. Our concern, again, is that we don't have anybody that knows anything about telephones and that can represent us and can go to various vendors and say we do not think that we are getting what we are supposed to get or cannot contract knowledgeably to get those services with those vendors. MAYOR PRO TEM HANDY: Okay. Mr. Zetterberg? MR. ZETTERBERG: Yeah. I would agree with Mr. Oliver a hundred percent. All I want to do is, if you want one person I want you to give one person up. I think all the things you said are true. I think the current vendor is too expensive, clearly. I think there are ways to save money. I think a lot of ways we could do it with -- maybe with routing software that automatically chooses the best one rather than having somebody doing it clerically. There's a lot of ways to do this, and I think spending it for one person to do --any organization as large as this that has one person doing one job specialized is a target for privatization. MR. BEARD: I call for the question, Mr. Mayor. MAYOR PRO TEM HANDY: Okay. Mr. Todd had his hand up, and then next we'll call for the question. Mr. Todd? MR. TODD: Yes. Mr. Mayor, the point of this argument that made sense to me after I had slept on it is that what we're shooting for is to become more efficient and to look for ways to save that $72,000 that we're spending and they're looking for ways of saving money in other areas. Now, if that's the case, I'm not so hung up on the numbers of personnel we have if we can save money through services, contracts, and in other areas. And I understand this individual is going to be the individual that's going to outsource the parts of this contract that need to be outsourced in where we're spending the $72,000 and in other areas of saving as far as energy and communication go. So if that's the case, then I'm not hung up on the numbers. I'd also like to point out that the enabling legislation did not allow us to do anything other than through attrition as far as the employees go. Now, what I'd like to do -- we're doing a study as far as compensations go, salaries, et cetera, and I think that we need to do a efficiency study along with that to decide whether we need X amount of individuals, at the same time we're doing this other study, in a department, you know. A study on the Sheriff's Department, which is probably a good forty-five to fifty percent of law enforcement of this personnel -- the personnel this county have, public safety, and whether there is smarter ways to police or whether we need to continue to hire folks. That's where most of our numbers has come from in increases is law enforcement, even though we had a responsibility to staff the jail. And look at the efficiencies of any other department and whether those personnel is needed. MAYOR PRO TEM HANDY: Thank you, Mr. Todd. Yes, Mr. Zetterberg? MR. ZETTERBERG: Just one last point. When we add this particular individual at a salary of $43,000 plus, over a twenty-year period we have just now voted to spend a million dollars to solve a telephone problem that we could probably solve for $30,000. I want you to think about that when you cast your vote for this one position, that you could do a better job cheaper and you could save over $970,000 rather than voting for this position. MAYOR PRO TEM HANDY: Okay. All in favor of the motion, vote by the usual sign. MR. ZETTERBERG VOTES NO. MOTION CARRIES 8-1. [MR. POWELL OUT] MAYOR PRO TEM HANDY: Next? CLERK: Administrative item: 32 was approved by the committee on April 28th. [Item 32: Motion to approve loan in the amount of $20,000 for George Jones, d/b/a George's Lawn Care, as recommended by the Augusta-Richmond County Economic Development Loan Review Committee.] MR. BEARD: Mr. Mayor, I move that Item 32 be approved. MAYOR PRO TEM HANDY: I have a motion, need a second. MR. H. BRIGHAM: Second. MAYOR PRO TEM HANDY: We have a motion and a second for Item Number 32. Any discussion? If not, all in favor of the motion, vote by the usual sign. MOTION CARRIES 9-0. [MR. POWELL OUT] CLERK: Under Engineering portion of the agenda, Items 33 through 45 were approved by the committee on April 28th. [Item 33: Motion to amend Tree Ordinance 8-4-11 - (e)(9) to provide for required side yard buffer strips where development other than single- family residential abuts single-family zoning districts. Item 34: Motion to approve Resolution authorizing abandonment of a portion of Walker Street and conveying title to Richmond County Public Facilities, Inc. at no charge. Item 35: Motion to abandon that portion of alley and allow Fatsville Enterprises, Inc. to purchase for $950,000. Item 36: Motion to approve construction contract to the low bidder, Blair Construction Company, in the amount of $254,698.75 to construct the water line extension along Maddox Road and Flowing Wells Road. Item 37: Motion to approve Capital Project Budget Amendment Number Four in the amount of $1,551,000 from Special One Percent Sales Tax, Phase II, and agreement between Central of Georgia Railroad Company. As well as, the right to let for bids. Item 38: Motion to approve bid award to low bidder, Palmetto Gunite, to rehabilitate storm line in Willow Creek at cost of $16,250.00. Item 39: Motion to ratify award of emergency construction contract to Mabus Construction Company in the amount of $12,057.50. Item 40: Motion to approve to enter into an agreement with the Georgia Department of Transportation at a cost of $64,000.00 to construct Handicap Access at 6th Street. Item 41: Motion to approve Organizational Chart of Public Works & Engineering Department and authorization to advertise for the position of Assistant Director of Facilities Maintenance & Construction. Item 42: Motion to approve temporary review of Subdivision and Site Plans by Mr. Scott P.M. Godefroy, P.E., at the rate of $60.00 per hour during the advertising and selection process of a County Engineer. (Funds will be taken from lapsed salary of Environmental Engineer.) Item 43: Motion to approve recommendation to enter into an agreement with the United States Department of Agriculture to perform soil borings for design of a new seawall at a cost of $2,125.00 (25% of total cost) to be charged to the Utilities Department. Future cost would be prorated between the Utilities Department and Special Assessment Tax with the property owners and Goodale Landing. Item 44: Motion to approve the Certificate of Ownership and Agreement from the Georgia Department of Transportation for the 1997 LARP Project. Item 45: Motion to approve to establish a committee to develop policies and procedures for platting of land to conform to GIS.] MR. TODD: Mr. Chairman, I'll so move. MR. BRIDGES: Second. MAYOR PRO TEM HANDY: We have a motion and a second. Any discussion? MR. KUHLKE: Mr. Chairman, I'd like Item 42 pulled, please. MAYOR PRO TEM HANDY: Okay. Any others? If not, all in favor of the motion, vote by the usual sign. MOTION CARRIES 9-0. [MR. POWELL OUT] MAYOR PRO TEM HANDY: Item 42? CLERK: Item 42 is a motion to approve a temporary review of Subdivision and Site Plans by Mr. Scott P.M. Godefroy, P.E., at a rate of $60.00 per hour during the advertising and selection process of a County Engineer. Funds will be taken from lapsed salary of Environmental Engineer. Approved by the Engineering Services Committee on April 28th. MR. TODD: Mr. Mayor, I so move we approve. MR. J. BRIGHAM: Second. MAYOR PRO TEM HANDY: Okay. Mr. Kuhlke? MR. KUHLKE: Mr. Chairman, my -- I don't have a concern here. Obviously we've got a problem about the licensing -- the inspection right now, but what is temporary? Do we have any kind of time frame on that? I'd like to hear from the Administrator. MR. OLIVER: We currently have advertisements out right now for the County Engineer, the Environmental Engineer, and the Public Works Director. We expect -- the applications are scheduled to close because of the publications we appeared them in on June the 6th. I would expect that it would be within sixty days after that, so it will be -- will be sometime in August. MR. KUHLKE: My other question, Mr. Oliver, is that is this a - - strictly a temporary position? I've gotten some feedback where it's taking a tremendous amount of time to get a plan review. And if this is going to be on a part-time basis, do you expect it to create any kind of problem for people trying to get building permits and so forth? MR. OLIVER: I don't expect that. One of the things we discussed in committee was to ensure that this particular person wasn't involved in anything they would be reviewing, and I believe that they can give us an almost hundred percent effort to ensure that, you know, we get to where we want to be very quickly. MR. KUHLKE: Thank you. MAYOR PRO TEM HANDY: Okay. Mr. Todd? MR. TODD: Mr. Mayor, for the last two weeks we've had no plan review or no plans approved. We have some clients out there that this is hurting them, it's costing them money on getting started. This is pretty much a consultant. We've done this before with Jim Swift and Company. We went with this individual because he's just going into private practice, there shouldn't be any conflicts there of interest, and I'd urge my colleagues to approve it because there are some folks out there with some big projects that's been held up two weeks waiting on this body to act. MAYOR PRO TEM HANDY: Okay. You have a motion and a second on the floor. Any other discussion? If not, all in favor of the motion, vote by the usual sign. MOTION CARRIES 10-0. MAYOR PRO TEM HANDY: Ms. Bonner? CLERK: Under the Public Safety portion of the agenda, Items 46 through 50 were approved by the committee on April 28th. [Item 46: Motion to approve appointment of Daniel T. Leonard to the Local Emergency Planning Committee to fill the unexpired term of Deborah Foster, ending April 1998. Item 47: Motion to approve Rural Fire Defense Memorandum of Understanding between Georgia Forestry Commission and Augusta-Richmond County Fire Department. Item 48: Authorize a Telecommunications Technician in the annual salary amount of $43,750.00 (benefits included) to perform telephone work in-house. Item 49: Motion to approve Ordinance appointing Chief Judge of State Court as the Chief Judge of Municipal Court and designating the Solicitor as the chief prosecuting attorney of Municipal Court; assign Municipal Courtroom to Superior Court; assign old Commission Room on sixth floor to State Court; assign two of Municipal Court staff to Solicitor's office and absorb remaining staff into county organization after transition. Item 50: Motion to approve Organizational Chart for Information Technology including deleting Computer Operator position and adding Application Developer position. Estimated financial impact, exclusive of salary study impact - $7,804 plus benefits.] MAYOR PRO TEM HANDY: Mr. Brigham? MR. H. BRIGHAM: Mr. Mayor, I move for approval. These were discussed in committee and we brought them for approval. MR. KUHLKE: I'll second. MAYOR PRO TEM HANDY: We have a motion and a second on the floor. Any discussion, Items 46 through 50? If not, all in favor of the motion to approve -- MR. ZETTERBERG: I have a question. MAYOR PRO TEM HANDY: Yes, sir, Mr. Zetterberg? MR. ZETTERBERG: I will -- MAYOR PRO TEM HANDY: Which item? MR. ZETTERBERG: I'll vote for all of them except for Item 48. CLERK: He wants his vote recorded no on 48. MAYOR PRO TEM HANDY: Okay. That's a good observance, Mr. Zetterberg. All in favor of the motion, vote by the usual sign. MR. ZETTERBERG VOTES NO ON ITEM 48. MOTION CARRIES 9-1 ON ITEM 48. MOTION CARRIES 10-0 ON ITEMS 46, 47, 49 & 50. CLERK: Under Public Services portion of the agenda, Items 51 through 64, with the exception of Item 60, were approved by committee on April 28th. Item 60 was approved to disapprove a alcoholic beverage license on Barton Chapel Road on April 1st meeting. [Item 51: Motion to approve a request for new ownership by Ok Lin Han for a consumption on premises liquor, beer & wine license to be used in connection with Speed Karoke and Restaurant located at 1855 Gordon Highway. There will be Sunday Sales and Dance Hall. (District 5, Super District 9) Item 52: Motion to approve a request for new ownership by Oriel Madden for a consumption on premises liquor, beer & wine license to be used in connection with The Continental Lounge located at 1520 Aviation Way #184. There will be Sunday Sales and Dance Hall. (District 1, Super District 9) Item 53: Motion to approve a request for transfer by Oriel Madden to transfer the consumption on premises liquor, beer & wine license used in connection with Jerry's Caterers located at 1520 Aviation Way. There will be Sunday Sales. (District 1, Super District 9) Item 54: Motion to approve a request by William D. Cook for a consumption on premises liquor, beer & wine license to be used in connection with the Faded Rose located at 2834 Washington Road. There will be a Dance Hall. (District 7, Super District 10) Item 55: Motion to approve contract from EPD which will pay up to $35,972.00 to reimburse Richmond County for costs incurred for the removal of scrap tires during a Scrap Tire Recycle/Roadside Cleanup Event. Item 56: Motion to approve the appointment of a committee to draft Telecommunication Tower Zoning regulations. Item 57: Motion to approve execution of Release and Indemnity Agreement in connection with the removal of scrap tires during a Scrap Tire Recycle/Roadside Cleanup Event. Item 58: Motion to approve contract between B.F.I. and Augusta-Richmond County for removal and disposal of scrap tires pursuant to contract between EPD and Augusta-Richmond County at a cost of $89.93 per ton. Item 59: Motion to approve Ordinance amending Augusta-Richmond County Code to authorize Administrator to approve changes in alcohol license ownership. Item 60: Motion to disapprove a request for alcohol beverage license application by Sun OK Paye for B.C. Mart located at 2749 New Barton Chapel Road. Item 61: Motion to approve game room application request by H.E. Plagwitz for a game room license to be used in connection with Ernest P's located at 5270 Old Savannah Road. (District 8, Super District 10) Item 62: Motion to approve game room application request by Loyce Manuel for a game room license to be used in connection with Beepers & Gifts located at 2326 Lumpkin Road. (District 8, Super District 10) Item 63: Motion to approve increasing budget on Belle Terrace Swim Center by $45,000.00 to cover the anticipated changes required to complete construction of this project (additional funds to come from two SPLOST, Phase III renovation projects in District 5) and approve allocation of earned interest to fund a previously approved change order to the Belle Terrace Swim Center. Item 64: Motion to approve Ordinance amending Augusta- Richmond County Code Sections 7-4-12, 7-4-13, 7-4-14, and 7-4-15 to provide for editorial revisions.] MAYOR PRO TEM HANDY: So we're going to take 51 through 58? CLERK: We're going to take Items 51 through 64, if you want to pull out 60, as a consent agenda. MR. TODD: Mr. Mayor, I don't see any problem -- I don't see why we need to pull out 60. CLERK: Well, I was going to say -- okay, you want to include that. MR. KUHLKE: I'd like to pull 60 out, please. MAYOR PRO TEM HANDY: Okay, 60 pulled. Any others? MR. MAYS: Mr. Mayor? MAYOR PRO TEM HANDY: Yes, sir, Mr. Mays? MR. MAYS: Okay. Does any other Commissioner need to pull anything out in those numbers? I make a motion then we so approve as a consent agenda. MAYOR PRO TEM HANDY: We need a second. MR. TODD: Second. MAYOR PRO TEM HANDY: All right, a motion and a second to approve as a consent agenda. All in favor of the motion, vote by the usual -- MR. MAYS: Mr. Mayor? Providing -- do you have any objectors? MAYOR PRO TEM HANDY: Do we have any objectors to Items 51 through 64? CLERK: For the benefit of any objectors I'll read the locations. Item 51 is for on premises liquor, beer & wine license at 1855 Gordon Highway, Speed Karoke and Restaurant. 52 is for consumption on premises liquor, beer & wine license to be used in connection with The Continental Lounge at the airport. 53 is a consumption on premises beer & liquor license to be used in connection with Jerry's Caterers at the airport. 54 is a consumption on premises liquor, beer & wine license for Faded Rose located at 2834 Washington Road. 55 -- those are the only alcohol licenses. MAYOR PRO TEM HANDY: 59? Do you want to read 59? CLERK: 59 is -- no, that's to give the Administrator authorization to approve liquor ownership transfers. 61 is for a game room license to be used in connection with Ernest P's located at 5270 Old Savannah Road. 62 is for a game room license to be used in connection with Beepers & Gifts at 2326 Lumpkin Road. Any objectors? MAYOR PRO TEM HANDY: No objectors as to Number 60? CLERK: That one was pulled out. MAYOR PRO TEM HANDY: Okay. We have a motion and a second. Any other discussion? If not, all in favor of the motion, vote by the usual sign. MR. BRIDGES VOTES NO ON ITEMS 51, 52 & 53. MOTION CARRIES 8-1 ON ITEMS 51, 52 & 53. [MR. POWELL OUT] MOTION CARRIES 9-0 ON ITEMS 54-59 & 61-64. [MR. POWELL OUT] MAYOR PRO TEM HANDY: Ms. Bonner? CLERK: Yes, sir. Item 60 is a motion to disapprove a request for alcohol beverage license application by Sun OK Paye for B.C. Mart located at 2749 New Barton Chapel Road. The approval for denial was approved by the Public Services Committee on March 24th. MR. TODD: Mr. Mayor, I move that we uphold the approval of the -- uphold the alcohol beverage subcommittee. MR. MAYS: Second. MAYOR PRO TEM HANDY: We have a motion and a second on the floor. Any discussion? Mr. Kuhlke? MR. KUHLKE: Mr. Mayor Pro Tem, I understand we've got people here that are opposed to the license and I also think that we have representation here from people that are for the license, and I think we should give both an opportunity to say what they'd like to say. MAYOR PRO TEM HANDY: Okay. Petitioner for the license? MR. HUGGINS: I'm Tom Huggins and I represent Mr. and Mrs. Kim, who are the owners of this convenience store that's been constructed. You are receiving a map there which will give you the location of where the store is in relation to the areas around there such as Barton Village, Deans Bridge Road, Gordon Highway, and that sort of thing. We have -- I've just given the originals of several petitions containing seven hundred and twenty-six signatures in favor of the granting of this license. These signatures were obtained by three people: Mr. Kim, Mrs. Kim, and a gentleman by the name of John Dean, who is going to speak. They went door to door in this area, all around where the store is in the residential areas to obtain these signatures. And you will note -- you won't notice because you probably don't have time to check it all out, but there are numerous people who signed both petitions. The petitions in favor of the store were taken later after most of the other petitions had been taken. Also, I learned something about petitions, and I -- just as an example, I didn't have the time to go through everything and collate the names, but if you'll look, there's a lady named Jackie Hill who signed the petition that was presented to the subcommittee on March 24th. She signed it on the first page, she signed it on the second page, she signed it on the eighth page; and according to the taker of the names, there were at least eight people living in the same address with different last names, if you'll look down through it. In addition to that, the strangest thing is no one of the signatures is the same. They're all different signatures. So -- and then on the last page in the handout there's a group of seven names that are obviously written in feminine handwriting by one person and are not original signatures. So, I mean, this is what you find when you get in a situation like this, and we would contend that -- we would submit our petitions. I'm not saying everything is perfect. There could be an overlap here or there, I didn't see one. At any rate, Mr. Kim came here to this country in 1981 as an immigrant from Korea. He worked at King Mill for a couple of months and he saved his money and he bought into the Simmons Shoe Shop on Ninth Street. He worked at Simmons Shoe Shop on Ninth Street for five years, and when he got -- then he moved his business out to Wrightsboro Road near North Leg, and he's still there. He works six days a week, about ten hours a day, and then he works at home when he goes home. He has saved his money all these years. I have known him. I was a customer at Simmons, that's where I first met him. He saved his money and he's told me, he said "All I want is a convenience store of my own some day. I want to raise my family here and I want them to go to school and get an education." He has his wife right here, he has two sons that are out in the hall. They have taken their life savings, everything he's managed to save he has put into doing this store. He bought a piece of land out there at the corner of Old Barton Chapel and New Barton Chapel where it splits right before it gets to Deans Bridge. He did that three years ago, and the reason he did that -- he is a soft member of the Korean Methodist Church. The Korean Methodist Church is right up the road from where this convenience store is going in. And he likes the area, he thinks it needs to be improved, he wanted to be a part of the improvement, and he wanted to put a nice new store in at fair prices and take care of the people in that area. So he borrowed the money from First Union Bank, he put all the money he had into it, and he got started. Hired Larry Coulson as his contractor, they started building the store. Somewhere along the line he realized that, you know, you have to apply for these permits and that kind of thing. He applied for an alcohol --off-premises beer and wine license, the same license every grocery store and every convenience store and every chain and every mom-and- pop outfit that anybody else has got in the county. That's all he wanted. He doesn't want any help, he doesn't want any favors, he just wants to be treated fair and equal. That's all we're asking. He submitted, and when he -- he sent his lady that was going to run the store down there and she really didn't understand what was going on, and there was two Korean gentlemen who we contend are connected with S&S Food Store came with the Reverend Blair. They said it was too much traffic and too many alcohol stores there already, so they didn't want it. I think the bottom line is she didn't know what to say and it was denied, so that's why we're here right now. I'm here to give him a chance to ask you to do what's fair. Now, I've got -- so that you'll see what I'm talking about I've got some pictures. The first picture is Mr. Kim's store looking out towards Deans Bridge Road. It shows you it's right there on Deans Bridge. This is commercial property, there's no doubt about it, it didn't have to be rezoned. It's right across from a shopping center, it's got businesses all around it. And what's around it is interesting. Next door to it is a place called Oriental World, and that shows you in the picture there it sells Budweiser. They've got a Budweiser sign, and this is right next door to it. Right across the street, you can see the Bi-Lo store is right across the street from Mr. Kim's convenience store. It sells beer and wine like all the others. And then looking from Mr. Kim's store up Barton Chapel Road you'll see the S&S Food Store, which is an older convenience store that's been there a good while. Here is a picture of the S&S itself. Now, at this point I'd like to call Mr. John Dean to step forward. And tell them your name, where you live, and what you know about this so far. MR. DEAN: My name is Mr. John Dean, Master Sergeant-Retired, 22 years United States Air Force. I live at 2644 Barton Chapel Road, three houses down from the filling station. Mr. Kim came to me with the problem and told me what was going on. I personally went and talked to every one of my neighbors for a block on Barton Chapel Road and they all agreed that it was okay for him to have a station. They all signed the petition. And so they had a meeting for us to come to a meeting last week, and when I got to the meeting they said there was people that was against it, and I'm saying [inaudible] so they tried to throw me out of the meeting. I said "I have my rights, you can't throw me out, this is a public place." So Mr. Todd talked to me, so I left. Mr. Kim is the only one from the Korean Church -- I live directly across from the Korean Church. Mr. Kim is the only one for the last four years that came over from that church and got to know me and my family. That's why I'm here today. This man is a good man, this man is a Christian man, and that's why I went from door to door for five days helping this man get these petitions, because it's not right. And I don't know, you know, how this got started or what, but, you know, I took it upon myself to go out and go against my neighbors -- and I don't know who these people are, but my neighbors, the ones that's living in close proximity to it, they all signed this petition on Old Barton Chapel Road and New Barton Chapel Road. I have every signature. You can check the first page. And that's all I got to say. Thank you. If you could help Mr. Kim, we would appreciate it. MR. HUGGINS: Thank you, Mr. Dean. And I'd like to call Larry Coulson, the contractor, up. MR. COULSON: My name is Larry Coulson, I'm a general contractor for Solar Living, 6708 Green Planation Road in Harlem. My first awareness that his license had been denied was we were out there and one of the Richmond County inspectors came out and said "I understand he got denied a license," and I said "Well, I didn't know that." And later on Mr. Kim had told me he was denied a license. He said that they were taking petitions up at the S&S store [inaudible] get a petition together or not to deny him a license. My electrician also said he stopped over there to get a drink and they were taking petitions up there also. MR. HUGGINS: And did you ever have any contact with anybody from the store? MR. COULSON: The first week we were there an Oriental gentleman come down there from the direction of the store, he was up at the store, and asked me what we were doing and we told him we were doing a convenience store. He said [inaudible] and I said yes. He made the comment "We don't need another store" -- I mean, a convenience store. I told him he needed to talk to Mr. Kim, I work for him, so he turned and went back up to the store. MR. HUGGINS: Do you know a Mr. George Wilson? MR. COULSON: George Wilson is -- he's the inspector for Richmond County that I mentioned. MR. HUGGINS: What did you learn from him about the situation? MR. COULSON: He told me that they were taking petitions up there at S&S, and when you came in there to buy something you just signed it. I have never -- MR. KUHLKE: Could I get you to speak in the microphone, please? MR. COULSON: Yes, sir. Mr. Wilson told me they were taking a petition up at the S&S store against it, and he came in there to buy something and signed it. MR. HUGGINS: Thank you, Mr. Coulson. Let me say that there are some people, I think, that are justly concerned and have right to be concerned about the condition of Barton Village and the area up in there. I think the whole county should be concerned about it. I'm concerned about it and Mr. Kim is concerned about it. He doesn't want a place where drug dealers hang out with his wife there at that store at night, and he will be as good a citizen as anybody in trying to keep that under control and to help with it. All he's asking is that he get a fair chance on this. There are remedies for the drug problems, as you know, that don't involve keeping him from having a beer and wine license at his convenience store. I have -- I guess you know where all this is. Barton Village is about a -- almost a mile up toward Gordon Highway and that area from where this store is. Right across the street there's a package store, which I have a picture of, and you probably know what it's all about. It's got bars on the windows, you go in through a little door. Then around on Deans Bridge there's another package store. Right across from Trinity Manor is where that Barton Village Package Store is, and next to that is a place called One Stop and it has all the bars [inaudible]. Mr. Kim wants to be a vital part of the rebirth of this community. He wants to be a seed and not a weed. He is building a nice store. His family and he will personally run the store. They will be on premises, they will watch for things, they will do the right thing, they will obey the law, they will be good citizens. Now, if you grant him this license and he abuses it or if drug dealers come and hang out at his store, as the newspaper articles said that's what people were worried about, then I'd be the first to say take it away and put him out of business. All I'm asking you to do is to give the man a chance. He's worked hard, he deserves it. He has an opportunity to fulfill the American dream as best he can, please don't take it away. Thank you. MAYOR PRO TEM HANDY: And now we'll hear from the -- MR. HUGGINS: One other thing. Excuse me. There are a number of people who came here in support of Mr. Kim. Would you raise your hands, please, all the people that came in support of Mr. Kim. Thank you. MAYOR PRO TEM HANDY: Okay. Against? UNIDENTIFIED SPEAKER: Thank you, Mr. Chairman Handy and to all distinguished members of the council. I think we all should laud Mr. Kim for the type of example he's set as far as working hard and trying to build a business. But the issue here is not whether or not he wants a convenience store, the issue is whether or not a liquor license should be granted. And I think it's laudable also that the community decides to get involved in this type situation and not leave it just upon the Commissioners to decide this issue without some type of input. Probably wish we could get more input from the community on other types of issues. However, what I have here also are some pictures that will show the impact that what alcohol and what additional alcohol will do to the community and what type of businesses that McDuffie Woods, Barton Village, Mt. Zion Apartments, and areas right around, Glenn Hills Elementary, Glenn Hills Middle School, Glenn Hills High School, Meadowbrook not far down, and those twenty additional school buses that go up and down that street as well as all the traffic that is now coming to the area, the type of businesses that they would really prefer to see in this area. They don't have any objections to convenience stores, but they do have objections to additional sales of alcohol in the area, and wisely so. What I have right here is an example of Brenda's, which is a beauty shop in the area, and you can see from the pictures -- and I'll ask Reverend Blair, who's here with me, to pass those along to the Commissioners. What you see is a picture of Brenda's, and it's very well kept, very clean, but right next to Brenda's is a package store. And on the other side of the fence, the privacy fence of Brenda's and the package store, one will see that there is graffiti on the other side of that fence, that privacy fence, and this is what alcohol tends to contribute to the community. Behind Brenda's and behind the package shop is countless numbers of forty-ounce beer bottles behind the store. And this is what the community is concerned about, property values and family values in this area. And if you go a little further back in that area, and if you see on that picture, you'll see that--as well as this additional picture-- is that this trash and these bottles are thrown right next to residential homes. Liquor bottles, forty-ounce beer bottles. And these are some of the things that children and teen-agers are starting to utilize, or individuals, and this is all that they see up and down Barton Village area, up and down Barton Chapel Road, are forty-ounce bottles being thrown about on the street. And, again, so here we're talking about the issue of property value. And we all know the benefits of owning a home and the appreciation that our property gets if we can keep the neighborhood up. But if there is going to be consistent amounts of trash and graffiti along that area, then that investment is going to go down. And that's what's happening in this area because the influx of more and more of undesirable types of businesses, and this is what they are trying to prevent in this area. In addition to that, there is a greater amount of traffic that is starting to impact that area. Barton Chapel Road is in-between Highway 1 and Gordon Highway. There is a lot of traffic in that area. There is also a Bi-Lo and other shopping centers, there's a car wash and I believe a video store also. And what the other merchants have done, have tried to seal off and stop people from cutting through areas before it becomes a dangerous area for traffic. However, with this convenience store here now and with the increase in traffic that may result from additional alcohol sales, you're going to have individuals cutting through this parking lot. You may see an example of some of the pictures on some of the pictures of vehicles making illegal turns to cut through the parking lot. And an interesting story behind all these pictures, while Reverend Blair was out there today taking the pictures, out near one of these package stores that sells alcoholic beverages he witnessed a fight that broke out in one of these pictures. A fight among a group of individuals. We don't know if they were intoxicated or not, but this is the undesirable element that alcohol sales brings to an area and the impact that it has on families and the impact that it has on property value. At the meeting last Wednesday that the other gentleman was talking about, one of the participants stated how we would wake up in the middle of night, he'd just hear rat-tat-tat of automatic gunfire, and he said he dreaded the fact that one day a bullet is going to come through his window or come through his wooden walls of his house and strike a member of his family. This is the type of environment that the citizens of this area are trying to prevent. An informal survey revealed that there are over seventeen establishments in a one-mile radius that currently sell alcoholic beverages. On that street alone, on Barton Chapel Road, you have Broadway Baptist Church, you have Open Door Baptist Church. And, yes, there may have been some problems with collecting the accurate --or stopping signatures from being forged; however, the citizens got out there on Saturday, in the rain, as you'll see from the back of the petition sheet, and you'll see that individuals stopped to sign these petitions. In addition to that, they also signed letters to the Commission through Honorable Mayor Sconyers asking him not to -- or asking the Commission not to approve granting this particular liquor license. In these letters that we have to the Commission that we would like the Commission to take you have participants or members of Broadway Baptist Church, Open Door Baptist Church, as well as individuals from Mt. Zion, from McDuffie Woods, who are asking the Commission not to approve this particular license. In addition to the elementary schools and high schools in that area, we also have some daycare centers. But more importantly, as you can see, as was stated earlier, what you're going to have is increased competition if there is another convenience store selling alcohol in this area. And if you have more competition, what that is going to do is lower the price of alcohol and increase the temptation to sell alcohol to those individuals who are underage or those individuals who do not have A license or identifications to receive alcoholic beverages. What you're going to see is lower prices on those alcoholic beverages and more bottles and cans being thrown up and down Barton Chapel Road. The competition will promote depreciation of property values and degradation of family values. With that in mind, what I would ask this Commission-Council to do is to deny the liquor license or the alcohol license for this particular convenience store. There are certain a number of other items that can be sold where the proprietors can certainly make a very good living without having to contribute to the degradation and depreciation of this area that the citizens -- and a few of them are here today with me, and I'll ask them to stand: Reverend Blair, Mr. Thomas, Mr. Burroughs, Mr. Gramling, Mr. Newsome, Ms. Eunice Harris, if they'll stand. Now, as you know, all of these people live in the area, unlike some of the other -- or maybe just one of the participants, he's the only one that lives in this area. And in reference to him being present on that Thursday night, yes, we did ask him to leave, but we extended him the same courtesy that we would have extended his group. We wanted an opportunity to organize because we knew this was going to be a contested and hot issue. So with that, we ask the Commission to give Mr. -- the proprietor his right to -- of course you can't deny him the opportunity to sell alcoholic beverages at his -- excuse me, his right to open a convenience store in this area, but he does not have a right to sell alcoholic beverages, because it will have a severe impact as far as bringing down property value, trash, undesirable type traffic in the area. Thank you. Oh, I'm sorry. Finally, but more important, think about the message that you're going to send. In Barton Village area there's a Weed and Seed program that I'm aware that the Commission is trying to encourage in that area. If you were to put another convenience store to sell alcoholic beverages to compete against the other seventeen convenience stores in that area, you're going to be sending a contradictory message. At the same time you want to bring up the property value, bring up the family values in that area, but yet encourage more sales of alcoholic beverages. It's contradictory and I don't think that this Commission can swear both those points of view. So if you're for property values, increased property values, and you're for increased family values, then you'll support items like Weed and Seed and you'll reject increased sales of alcoholic beverages in the area. Thank you. REV. BLAIR: Mr. Chairman, I would just like to make one further comment before -- MAYOR PRO TEM HANDY: Okay. Go ahead. CLERK: State your name, sir. REV. BLAIR: My name is Reverend Blair. And there is word on the street that I've been working for Mr. Choi down at the S&S. Mr. Choi don't employ me, sir, I am self-employed, so I just want to set the record straight. I'm not practicing law, I'm practicing truth. MAYOR PRO TEM HANDY: We thank you. All right. We don't have anything to do with that. We're going to strike that from what we just heard. Okay, Mr. Kuhlke? MR. KUHLKE: Mr. Chairman, I'd like to ask Mr. Walker, would you tell us whether this location meets all the requirements of License and Inspection and did it pass the muster of the Sheriff's Department? MR. WALKER: Yes, sir, this application does meet all the requirements of the license ordinance and the approval of the Sheriff's Department and our department. MAYOR PRO TEM HANDY: Okay. Mr. Todd? MR. TODD: Mr. Mayor, I'd like to point out that the Commission have the discretion--and the County Attorney can correct, and I'm not practicing law either--to decide on alcohol beverages license when they may have a negative impact on community, et cetera, and even when they meet the criteria -- minimum criteria of License and Inspection and have the approval of the Sheriff's Department. Certainly, you know -- and I'd also like to comment on what Mr. Dean had to say in reference being thrown out of a meeting. There was never an attempt to throw Mr. Dean out. There were discussions between -- with Mr. Dean and Mr. Hunter, the director of the center. This is a public center and everyone have the right to be there but not disrupt a meeting, and this was a meeting, and I think that Mr. Dean had the opportunity to have his say and I made sure of that. And, yes, I did talk to Mr. Dean after the meeting or during the meeting, then talked to the petitioner. I think the issue here, as I understand it, is the alcohol beverage license and, you know, do this community need another one and will another one have a negative impact on this community. The attorney for the petitioner mentioned Weed and Seed, and the attorney for the opposing side. The Weed and Seed initiative has been going on for approximately a year/year and a half. It, you know, has had a great deal of community involvement. Part of the Weed and Seed effort and part of the effort before Weed and Seed was to watch the number of alcohol beverages license in this community, which in a one square mile there's approximately seventeen, and to address those issues when they come to the board. This effort has been going on since 1988 -- '90/92 when I was president of the Barton Chapel Community Association. The bottom line is that the Barton Chapel Community Association and the communities in there has opposed Sunday sales and a license -- alcohol beverage license for S&S Restaurant and other establishments in this general area, so we are not singling out anyone as far as the community go. And as far as the Commission go, I don't think we're singling out anyone. Basically I'd like for my colleagues to look at this issue of additional alcohol beverages and what impact that that may have on the community and vote accordingly. Thank you. MAYOR PRO TEM HANDY: Any other discussion? MR. HUGGINS: The only thing I'd like to say is that the arguments raised are generic arguments that would apply to any license anywhere in this county basically. And I just think that we're looking at an issue of restraint of trade, denial of equal protection of the laws under the Constitution of the United States and the State of Georgia, and I think this is important. And I don't know how you do your guidelines on what you grant and what you don't grant, I just don't know of anyone in that category that's ever been denied, and that's all I've got to say. MAYOR PRO TEM HANDY: Okay. You need to read the motion, Ms. Bonner. CLERK: Yes, sir. Motion by Mr. Todd and seconded by Mr. Mays that the request for the alcohol license be disapproved. MAYOR PRO TEM HANDY: We have a motion and a second on the floor to deny. All in favor, vote by the usual sign. MESSRS. J. BRIGHAM, BRIDGES, HANDY, KUHLKE, POWELL & ZETTERBERG VOTE NO. MOTION FAILS 6-4. MAYOR PRO TEM HANDY: Denial failing, so I need a motion to approve. MR. POWELL: So move, Mr. Chairman. MAYOR PRO TEM HANDY: We have a motion, I need a second. MR. KUHLKE: Second. MAYOR PRO TEM HANDY: We have a motion and a second on the floor to approve. All in favor, vote by the usual sign. MESSRS. BEARD, H. BRIGHAM, MAYS & TODD VOTE NO. MOTION CARRIES 6-4. MAYOR PRO TEM HANDY: Thank you. Next item? CLERK: Next item, Item 65 is a motion to approve a request by John E. Bodie III for a retail package beer & wine license to be used in connection with John E. Bodie Sons, Inc. (Convenience Store) located at 304 13th Street. No recommendation from the Public Services Committee. [End Tape 1] MAYOR PRO TEM HANDY: Do we have any objectors? Who's going to be the spokesperson? MR. BODIE: I'm John Bodie; I live at 807 Windsor Court. We've been located at 304 13th Street for over forty years, and the EPA is requiring anyone that has underground tanks before 1980 replace the underground tanks, which we're having to do that. As you know, Boardman, which is Texaco, is pulling out of a lot of locations and selling to Smile. We've lost a lot of our customers -- we're full service only. We've lost a lot of our customers to self-service, so we've been forced to go self-service also and rebuild our facility. And when we do that, we go to self-service and build a convenience store so we can be competitive with the Smiles and Pump-n- Shops and Depots and places like that. We are in the same situation with a lot of folks. We did a survey because my brother and myself that own the business wanted to build a convenience store and go to self-service and be competitive. We didn't necessarily want to have alcohol, beer, and wine. We had Bruce Weiss of Ginmark to do a market analysis survey, it cost us $3,600, to see what we would do with and without the sale of beer and wine. Well, without the sale of beer and wine that's approximately twenty percent of the business you won't get. It's not because of the sale of beer and wine, it's because -- it's the sale of one-stop shopping. People come in getting milk and bread and gas and those type things. If you don't have the beer and wine, they don't come to your store for anything. You know, Sacred Heart is right beside us, across the street. They have onsite consumption. That's not what we're asking for, we're only asking for the beer and wine for the off-premises consumption. We've approved -- got approval from Huddle House to build a Huddle House across the street, which would be open twenty-four hours. I mean, they'll be open twenty-four hours, a convenience store eighteen hours, and we just built them a camper shop on the same property. I'm an individual trying to stay downtown, spending approximately a million dollars. And I want to stay downtown and I'm trying to be competitive. I just want to be on the same playing field with the rest of the folks. We meet all the criteria. And it's a hard decision because the folks with Curtis is here. Curtis is one of our customers. My brother goes to Curtis. Pastor Bryan and everyone here, they're good friends of ours. They all trade with us. A lot of them trade with us mechanically but not gas because with full service my gas is at a buck fifty-nine a gallon. I don't know where a lot of people buy gas, but the majority of people stop at a convenience store. This is going to be a mom- and-pop type place. My brother and myself and my wife, we're going to run it and we're going to make sure it's -- if we get approved, that it's sold to the people it should be sold to. We're going to card people, we're going to uphold the law. I've got some other things I could say, but that's really about it, I guess. UNIDENTIFIED SPEAKER: This is a commercial area down there? MR. BODIE: Yes. UNIDENTIFIED SPEAKER: The school that's across the street, the Curtis School, are those children mainly ten and under? MR. BODIE: It's the daycare and -- I think they are. I think they're -- I don't know what grade it stops at. My brother's kids went on through there. I'm going to say fifth grade. UNIDENTIFIED SPEAKER: Sixth. MR. BODIE: Six? Okay. UNIDENTIFIED SPEAKER: And they are across the street and on the other side of the intersection? MR. BODIE: Across 13th Street and the other side of the intersection. UNIDENTIFIED SPEAKER: A lot of people have gotten this confused with the Garren BP. Can you explain where that is and where you are? MR. BODIE: All right. Paul Garren BP, which is closed now, that's another issue real quick. 13th and Walton Way is about to put everybody out of business. It put Paul Garren out of business and we're trying to hang on because there's no traffic. He closed about five or six weeks ago. It's the BP at the corner of 13th and Broad, which it backs up to to Curtis. And a lot of folks was thinking that's the place that we own and are trying to do the convenience store on, and it's not. UNIDENTIFIED SPEAKER: Yeah, he quit because he couldn't make it. MR. BODIE: He quit because he couldn't make it. UNIDENTIFIED SPEAKER: Is that what you're trying to avoid doing by spending a million dollars downtown? MR. BODIE: Right. What happened is, Ryberg that owns a lot of the BP Depots built a BP at 13th -- I mean, excuse me, 15th and Broad and put him out of business. They sell gas cheaper than we pay for it, and he couldn't fight that and 13th Street and closed. UNIDENTIFIED SPEAKER: Now, your competing with the Boardman's head to head, is that right, in their Smile stations? MR. BODIE: Right. UNIDENTIFIED SPEAKER: As far as you can tell, do they operate any of their locations without a beer and wine license? MR. BODIE: Not that I know of. And by the way, Clay and Bray, which are friends of ours, and they knew that Boardman was going to pull out, Texaco Boardman. They came to us and we considered possibly going with them with a Smile station, one of their places. The first thing they said to me was "See if you can get the beer and wine license. Without the beer and wine license we don't want any part of it." And we said why, and they said it won't make it. They've got eighty-seven stores, they know better than anyone. You know, we're an individual, like a lot of people, they're in the convenience store business and self-service gas, and we just want a chance. UNIDENTIFIED SPEAKER: Do you have trouble with homeless people wandering by your business [inaudible]? MR. BODIE: No, no more than, you know, anyplace down there. UNIDENTIFIED SPEAKER: Now, there's a Salvation Army place on Greene Street; is that right? MR. BODIE: Right. UNIDENTIFIED SPEAKER: But you're on Ellis Street? MR. BODIE: We're on 13th and Ellis. UNIDENTIFIED SPEAKER: And not on Greene Street? MR. BODIE: Not on Greene. UNIDENTIFIED SPEAKER: Do you feel like that this store would attract young people in violation of the ordinance? MR. BODIE: No. UNIDENTIFIED SPEAKER: Do you feel like that you and your staff, operating within the law, can card people and can keep it down from those that try to buy it illegally or that are intoxicated? MR. BODIE: Right. We've read the law and, you know, we're going to card everyone regardless of their age. And you read in the paper occasionally an eighty-seven year old person gets offended by being carded. Well, you know, they're going to have to be offended because everyone needs to be carded. UNIDENTIFIED SPEAKER: My eighty-four year old mother was carded the other day and she was really -- thought that was great. MR. BODIE: But it's just an issue where --you know, like I say, my brother, his wife teaches at Curtis. I mean, so you have to realize that we don't want them to build fence here and it's not two sides. I know every one of them and they're good folks. UNIDENTIFIED SPEAKER: Where is Jimmy today? MR. BODIE: Jimmy's at the station working because both of us couldn't come. MAYOR PRO TEM HANDY: Okay. Pastor Bryan? REV. BRYAN: Okay. I'm John Bryan, Pastor of Curtis Baptist, 1326 Broad Street. Mr. Bodie has stated very well that he's been a good businessman and a fine neighbor. I concur with that. And for over a hundred and twenty-two years we have tried to do the same thing at Curtis Baptist Church, trying to stand for what is right and for morality and for the spiritual good of Augusta and beyond throughout the community. We support improvement in downtown Augusta, and we have also poured millions of dollars into our buildings, and we've decided as well to stay in downtown Augusta. We've made a commitment here where other churches have chosen to move out. I don't believe that the character of the Bodies is on trial today, certainly not by me or anyone here. There's no question that they are good businessmen, that they are those that have been supported by our community. It's a matter of the character of those who will purchase and abuse their right to purchase alcohol. I stand in opposition for three reasons, the first is the moral reason, asking the question -- asking you to ask the question personally is it right, not just is it legal. We all want the historical cultural improvement of downtown Augusta. The area has already its multiple problems with alcohol, we know that. I deal with that on a daily basis. Our ministry at our church deals with transient traffic, we will continue to deal with that, but our desire is to bring about reform. Should we feed the opportunity for there to be continuing traffic and abuse of alcohol? Our daily food and counseling services will continue regardless. The second issue I want you to think about, not only the moral reason but for the reason of the community, asking the question is it right and answering that, but secondly asking the question is it best. Is this the best thing that we can do? Is it truly a real improvement? Of course the building will be -- it will be a welcomed addition and we wish the very best for the Bodies in this. I personally took it on myself when Jimmy Bodie shared with me months ago that this may be moving this direction to try to discover alternatives. Fast food chains, I put them in contact with those; other convenience stores that are successful that do not sell alcohol, we gave addresses and telephone numbers and portfolios that could be of help to them in this. And so I wanted to help them to explore the alternatives that were there. Is it best? Time will tell. Thirdly, it's a reason of safety. Surely we are concerned for the three hundred and fifty students that are a part of our Curtis Baptist School. For over thirty-four years we have continued to reach out to the community with educational advancement. The only playground we have is a sandy playground that is at the adjacent corner to where this convenience store will be built. We have had to build safety fences not only because of traffic coming and going but because there has been some harassment by the transient traffic. Yes, it's true that the Salvation Army shelter is on Greene Street, but you know your city well enough to know that Ellis is just a few hundred feet removed from Greene. And so the traffic not only will travel and does travel on Greene Street from the shelter, but potentially could travel to the nearest alcohol sales center, which this will provide, which will be between the shelter and the corner of Ellis and 13th. It can be gained by Greene, it can also be gained by Ellis Street where our school is. Do we put profit over people? Do we allow seventy feet in compliance to the current regulation and ordinance to determine just the legal right to do this? Do we allow market consultants who deal with facts and statistics from other locales and other experiences to dictate and determine the wisdom and the insight and the influence that we should determine as to these three questions: is it right? Is it best? Is it safe? Let me appeal to you as well as these who are here, the headmaster of our school, deacons of our church, concerned parents who have come not to put the Bodies on trial but to simply ask again: Is it right? Is it best? Is it safe? Check your heart as well as your head on this issue, please. It's very important that you do that. And before you would approve this request, answer for your own self and for the community's best what is going to be the advancement of this beyond what we've heard and the best for a community store, what will be the best for the entire community. Thank you, sir. UNIDENTIFIED SPEAKER: Mr. Handy, may I reply, sir? MAYOR PRO TEM HANDY: Sure. UNIDENTIFIED SPEAKER: Gentlemen, the Bodies deserve a chance, a chance to develop their dream down there and help downtown Augusta. It's been hard rebuilding. Up here we've got people who want to stay, who want to fight it out and are putting -- borrowing money and putting a million dollars on the line and to have the right type of facility. It will be lighted, there will be no Sunday sales of alcohol down there, we can -- our police can control any problems, but these people deserve a chance to get down there and fulfill their dream. It's too hard to rebuild the core of a city, a very important city and a wonderful county that now are combined, by applauding good, honest, God-fearing business folks who come in here and try to gut it out. I ask for your support. I ask for you to speak up for the small businessman and speak up for downtown Augusta. They can control any problems along with our police. John Bodie and his good wife and his good brother and family have been here and they've stood for a lot over the years. You need to stand up for them. Thank you. MAYOR PRO TEM HANDY: Yes, sir, Mr. Todd? MR. TODD: I guess my question would be to the Pastor. Do y'all also minister to the transient community? REV. BRYAN: Yes, we do, on a daily basis. MR. TODD: Thank you. MAYOR PRO TEM HANDY: Going around, Mr. Brigham, Jerry? MR. J. BRIGHAM: I don't have anything. MAYOR PRO TEM HANDY: Mr. Mays? MR. MAYS: I pass. MAYOR PRO TEM HANDY: Kuhlke? MR. KUHLKE: I pass. MAYOR PRO TEM HANDY: Bridges -- I mean Brigham, Jerry -- Henry. I'm sorry. MR. H. BRIGHAM: Pass. MAYOR PRO TEM HANDY: Zetterberg? MR. ZETTERBERG: Yeah, I'd like to make a comment. I don't know of the year and a half that I've been on the Commission that one issue hasn't troubled me more than this. Not only do I go to church downtown, but I'm also a professing believer. I have great empathy for your position here. I took it upon myself the other morning to go out and sit outside Curtis Baptist Church for an hour and a half looking at the traffic flow and the -- frankly, looking for a reason to deny the request to the Bodies. And I talked to you, Pastor, for a pretty good length of time today and, frankly, in my considered opinion, I can't bring myself to deny the request after my direct observation. I wish I could. I have great empathy for the situation, but I feel like in this particular case the law, the way it stands -- and I agree with the moral principle. If I could condemn the use of alcohol in our society, I would be the first one to stand up and vote for that, but that's not the issue today. The issue today, in my opinion, is is it legal for the Bodies to operate, is it safe, can it be contained, and I believe that the risk -- for me personally in looking at it, I just couldn't find a strong enough reason to deny it. Thank you. MAYOR PRO TEM HANDY: Mr. Beard? MR. BEARD: Mr. Mayor, this is my district that's involved and this is one of those times that you wish that you had some other choices or you were someone else, because I empathize with both of these groups. But we have been advocating businesses downtown and the growth of downtown and throughout the other corridors of this district, and I think that at this point, you know, I would have to go with extending this to the small business and letting them expand and becoming a part of the area down here. I think it would enhance the area. And I too went down and looked at this situation, and I believe that the Bodies can control this situation and that it would be an enhancement for the entire community since we are talking about growth in the area, and this is -- would be my decision on this one. MAYOR PRO TEM HANDY: Mr. Powell? MR. POWELL: Mr. Chairman, I'd like to hear from License and Inspections to make sure that it meets all the legal requirements. MR. WALKER: This application has been approved by the License and Inspection Department. It meets all legal requirements and has been approved by the Sheriff's Department. MAYOR PRO TEM HANDY: Bridges? MR. BRIDGES: What about other locations in the area that sell alcohol, are there other locations in that area or, say, within the same distance from the church or is this the only -- will this be a new one? MR. WALKER: This will be a new one. There's one at 13th and Reynolds package store and the next convenience store is at 15th and Reynolds, up in that area, and Walton Way -- 15th and Broad. MR. BRIDGES: So how far is that from the church, the closest one? MR. WALKER: The closest one now will be this one, 377 feet. The others, I'm not sure what the distances are, sir. They are much farther. UNIDENTIFIED SPEAKER: Much farther away. Blocks away. MR. BRIDGES: I was interested in the church itself, if you don't mind me asking. As a requirement for membership, do you require that your members not consume alcohol? REV. BRYAN: It's part of our covenant. MR. BRIDGES: Is that adhered to? REV. BRYAN: As much as I'm able to administer, yes. UNIDENTIFIED SPEAKER: He does stand for that. MAYOR PRO TEM HANDY: Okay. Mr. Brodie? MR. BODIE: I have one comment. It's probably relevant, which we've alluded to. Myself, my wife, my brother and his wife, none of us drink or smoke. So, I mean, it's just not -- we're not trying to promote drinking, because we don't drink, I mean, you know, so that's not why we're here today. It's just because I cannot make it, borrowing the money I'm borrowing from SunTrust, with a twenty percent reduction in my overall sales. If we could make it without it, I wouldn't get it. MAYOR PRO TEM HANDY: Any other discussion? MR. TODD: Yes. Mr. Mayor, I guess my only question to Brodie would be, you're applying for beer and wine; right? MR. BODIE: Yes, sir, Mr. Todd. MR. TODD: And, you know, what I was thinking in terms of most convenience stores don't sell a large volume of wine, and the volume they sell is usually the cheaper version that street -- well, not necessarily street folks but folks that's going to drink -- that's going to walk the streets and drink it. MR. BODIE: You know more about it than I do. MR. TODD: Yes. Well, maybe been there, done that. But, you know, have you considered just going beer and not necessarily with the wine? MR. BODIE: Had not considered it, because not knowing enough about it -- you got to realize up, until six months ago when we started doing this -- I don't drink, I don't smoke, I own my own service station, I get my own gas, so I don't go to convenience stores. Now, I've gone to a lot of them in six months to see how they're laid out and what's for sale and what's not for sale, but I don't know how --[inaudible] that we paid to do the survey, Bruce Weiss, Ginmark, beer and wine. I mean, you know, that's [inaudible]. Now, I have not gotten the detail of what percentage, what sells and what doesn't sell. I have no idea [inaudible]. MR. TODD: Yes. Would you be willing to accept beer only? MR. BODIE: If the numbers are there, yes, sir, I will. MR. TODD: Mr. Mayor, I call for the question. MR. ZETTERBERG: But what was the response? MAYOR PRO TEM HANDY: Okay, we've first got to get a motion. UNIDENTIFIED SPEAKER: He can't accept the restrictions just to beer. MAYOR PRO TEM HANDY: I understand. Okay. MR. ZETTERBERG: But could we give it? MR. TODD: Well, Mr. Mayor, I'll so move that we deny. If it pick up a second, we'll vote on it. MR. BRIDGES: I'll second. MAYOR PRO TEM HANDY: We got a motion and a second on the floor to deny. Now discussion on the denial. MR. ZETTERBERG: Wait a minute. MR. TODD: Mr. Mayor, I think that when we're dealing with the situation as far as the community environment, the school and the church, in the sense that most churches of the Protestant denomination do, you know, services on Wednesday night, the children is there five days a week, and there is church activities on Saturdays, and we've identified, I think, the concern in the subcommittee as far as the transient situation, and certainly we can appreciate what the Bodies is doing as far as the business plan in the downtown community, but I'm not convinced that the only way a convenience store can operate or survive is with a alcohol beverage license. And a alcohol beverage license, it's the privilege and discretion of this Commission on whether we let them or not. So I take the same position as I took on the previous one, you know, even though I feel that this situation probably warrant more and greater consideration, you know, as far as the license go. But the bottom line is that the transient individuals is going to market -- or the market is going to be there for cheap wines that they're going to drink immediately after they leave the premises and walk back past the school and church area, and it's going to be the malt liquors that is marketed basically to folks that's trying to make themselves whole or struggling in life. And we know [inaudible], you know, the malt liquors, the cheap wines, and I just can't support this, not with that knowledge and the knowledge of knowing that this is going to have a negative impact on this community. MAYOR PRO TEM HANDY: Thank you, Mr. Todd. Yes, ma'am? MS. McALLISTER: Yes, sir, I just wanted to say -- CLERK: Your name, please? MS. McALLISTER: My name is Ruby McAllister. Are you going to be responsible if he can't contain it? Are you going to be responsible if it can't be contained? Who is going to take responsibility for it if it can't be contained? MR. BEARD: Our Sheriff's Department will take that responsibility. MS. McALLISTER: Are you sure? Are you sure? MR. BEARD: That's what they're there for. MS. McALLISTER: But I'm just saying -- but, see, we come to you with a legitimate worry here. These are our children we're talking about here. And he's absolutely right, this church functions not just on school days. We've got Wednesday night service, there's always something going on down there. Are you going to be there to protect the ones in the evening time? Who's going to be there? You know, you sit up here and it's easy for you. I mean, this a lot of money coming in. Oh, yeah. Yeah, it is. And we're just concerned people. But what I want to know is are you going to be responsible. Are you going to take responsibility when something happens, because eventually it will. MAYOR PRO TEM HANDY: Okay. Thank you. Just a note on that, we're responsible for all citizens of Augusta-Richmond County. Everyone. For or against we cannot be, we're for everybody, but we have to make decisions based on procedures and policies and law. Any decisions made, that's what they're made on. No personality conflicts between who's right, who's wrong. The right decision of this government is to govern all citizens of Augusta- Richmond County. MR. MATTHEWS: My name is John T. Matthews; I live at 2222 [inaudible] Avenue. The old measurement, if I understand -- from what I understand, the old type of measurement, the way the city measured distance and the way the new government, the combined government, consolidated government measures is different; is that right? MR. WALL: Yes, that is correct. And what we did -- there was a difference in the way the city measured and the way the county measured and the way the state law provided. What we did was track the state law requirement. And so the measurement, when we consolidated, was to go with the state method of measurement, which is spelled out. MR. MATTHEWS: So we have had those standards in the past. The city standards were tighter; is that right? MR. WALL: I'm more familiar with the county's way of measurement than the city's, but the -- we felt like that the state procedure was the proper one to go to once we did consolidate, and that was the one that was ultimately passed. MR. MATTHEWS: The main entrance to the daycare building--which I think they start right around six o'clock and they leave at six o'clock at night--is at the rear of the building, which is Ellis Street. It's only -- I have no idea, but probably a hundred feet. I think the method is measuring from the front door [inaudible]. They don't enter there. There's some that go in, but the daycare kids that come in, the drop off before preschool kids, dropped off before school starts, they come in the back door at Ellis Street. If you haven't seen the transients walk across there -- the back drops for the Salvation Army Thrift Store is on Ellis Street. Now, they actually have a drop that comes on at Greene Street, but people don't know that. They drop off stuff in back at Ellis. The transients come by and dig through it. When they come through for their liquor, where do you think they're going to go? They're coming through there now, they're not going to detour if they have a bottle of wine. The day labor gets dropped off, where are they going? The closest place to get a drink. What are you guys -- I mean, I understand Mr. Bodie and I'm for him. I don't buy gas where they sell lottery tickets. Do you think that's convenient for me? I have to go two to four miles to a gas station that won't sell lottery tickets so I can buy my gasoline. Since the lottery has come in it's been three times I think I bought gas somewhere else. There's an apartment complex just up the street on 13th. Family live there two blocks away. There's a lot of issues here other than just the law. And the law has been different in the past and it got changed; right? Well, maybe the law is wrong now. You can't just fall and find the easy way out. There are reasons to deny a license. MAYOR PRO TEM HANDY: Okay. Any other discussion? MS. DOUGLAS: Yes, I would like to say something. MAYOR PRO TEM HANDY: Okay, this will be the last one for or against. Doesn't matter, this is the last one; okay? Thank you. MS. DOUGLAS: My name is Virginia Douglas, I'm a member of Curtis Baptist Church, and I teach at Curtis Elementary. And I would like to tell you that our church has paid a lot of money to put those fences up on Ellis Street. Without the gates they would come through constantly. That's why we had to do it. I park my car in the parking lot, and they go through there to get a shortcut if they see it. Children are dropped off in the front, the back, the side, every way that they can to get in. Had to be fenced in the back on Ellis Street. I just want to say that the lives of these children are more important than twenty percent in a convenience store, and I just want to tell you men you are responsible whether you know it or not. God holds you responsible. And this country was founded on principles that the law would be for the people, not convenience stores, not any kind of store, and if we don't stand and help this condition, our condition is going to be bad. That 13th Street runs like wildfire at four o'clock, keeps going till seven o'clock. I've been in and out of that building at different hours because my day might be longer on Tuesday than it is on Monday, and I'm telling you, they don't even stop at the red light, they keep going. You know this, I know this. It will create some problems. And I know that it's a hard decision to make when you've got a law, but your heart ought to be what tells you what to do today. MAYOR PRO TEM HANDY: Thank you very much. We're going around for the last time. MR. ZETTERBERG: I have a question, Mr. Handy. MAYOR PRO TEM HANDY: We're going around, Mr. Zetterberg, for the last time. Mr. Todd? MR. TODD: Mr. Mayor, I think I've already stated where I'm at on this issue and I'm ready for the vote. MAYOR PRO TEM HANDY: Mr. Brigham? MR. J. BRIGHAM: Mr. Walker, since the question of distance has come up, please explain to me how you measure distance or what we require. MR. WALKER: The requirement is a hundred yards measured from the front door of the establishment applying for the license out to the street, the normal way of traffic, down the sidewalk, crossing to the -- either the door of the church or school or the property line, whichever is applicable at that time. MR. J. BRIGHAM: And what was the distance? MR. WALKER: Three hundred and seventy-seven feet to the fence. They did not go to the door of the church or school, they went to the fence on the corner, which was three hundred and seventy-seven feet, which meets the requirement. MAYOR PRO TEM HANDY: Okay. Mr. Mays? MR. MAYS: Yes, Mr. Mayor. Let me just say this from the standpoint of a good owner and business person and also can share in what government disruption can deal with in terms of a family business. I probably can sympathize with John more than anybody at this table because I'm going to be probably moving within the next twelve to fifteen months myself, either moving somewhere else or just moving to the ranks of the unemployed, depending upon what the courts and the government decides, so I can understand that very well. We still have to deal with making a decision. I had asked, Mr. Mayor, whether Mr. Padgett was still here, because one of the things that I brought up -- and I passed the first time because I wanted to see if it was going to come into play in this situation. I asked a question and probably voted to tie it up in committee so that we could come and get this discussion here today and not come out of the committee with a recommendation for or against, and I'm giving everybody an opportunity, the petitioners and objectors, to get here and to deal with it. Like major fast food restaurants, we are basically seeing the tag- along pattern in a lot of ways of convenience operations lately. One of the things that concerned me in that particular meeting with the new configuration or planned configuration of St. Sebastian Parkway and the traffic, and that's to be changed in that area. One of my concerns was not so much with the petitioner because, again -- and you hate to put it personally, but I think you've got good people here that are petitioning. But when you deal with special exceptions, when you deal with zoning, when you deal with alcohol license, I think you also have to be careful with whatever precedent that you set and whatever doors that you open. That is going to be possibly a different configuration in that area. The entrance to River Watch Parkway -- and even though you got two very nice looking convenience situations there side by side, it does not usually stop with one. One of the concerns I think that the city should have in terms of the fact that whether or not there will be other properties within that area -- and this is not to deny people usage of property, but what happens when you get the flooding and infiltration then, another one, or then if there's space to put then another one into that new area. You still have the existing facilities that were there unless you move the school and the church after a hundred and twenty-two years or if you move some of the other facilities that are there. So I do think there is another underlying reason that we ought to consider and the fact that there is going to be other development in that area. And what way it turns out, we can't predict. But we also have to be concerned about what we do put into that particular area, because when you deal with zoning, when you deal with licensing, then you do set an area of precedence. And setting an area of precedence also comes with the responsibility of what you set, and for that particular reason I voted to deny it in that case, and I probably will stay with my same reason that I voted in committee for denial. But if it's got to be one that's put up there, then I think at least from the standpoint of the two existing neighbors that you've got, you've got a situation there where you do have good people. But many times in a lot of cases you don't, and we have to deal with the dos and the don'ts. And I guess if it's a day for confessing, if everybody's going to be honest, no, I don't smoke either; yes, I do drink. So, you know, I'm one and one on both sides, but it's -- and I don't have a problem with those that do, don't have a problem with those that don't. But in terms of making responsibility for when I grant a license for or deny it, I try to be very careful with it and to weigh both sides, and it's a difficult decision to do. MAYOR PRO TEM HANDY: Mr. Kuhlke? MR. KUHLKE: Mr. Mayor, I've got friends at Curtis, I've talked to three of them today, and I think I'm trying to explain what my position on this is going to be, and that is that I'm going to vote for approval of this license. And -- MAYOR PRO TEM HANDY: Mr. Brigham? I'm sorry, go ahead. MR. KUHLKE: All right, sir. Following our committee meeting I spoke to Mr. Walker. I assured myself that they meet all the requirements under the licensing law. I followed up, I talked with Bob Richards who works very heavily with the Salvation Army because it appeared that one of the problems were the homeless that were coming up and down the street. They do have a problem over there. It's their problem, but it's also our problem, and -- but that particular area is not the only place in our community that we have a problem. But as a result of trying to do what I feel like is the right thing to do, and the investment that the Bodies are going to be making in the downtown area, I will be voting to give them a license. MAYOR PRO TEM HANDY: Mr. Brigham? MR. H. BRIGHAM: Just one question. The comment came up about the lottery. There was some concern about that. Do you plan to have the lottery? MR. BODIE: Yes, sir. MAYOR PRO TEM HANDY: Zetterberg? MR. ZETTERBERG: I think the biggest concern that I have in this deals with the transient population. There's no question about that. At the last meeting that we had I asked that question directly. I was told by the Pastor that that wasn't a concern. If I'm misinterpreting that, please correct me, but that was not a concern. I'm on the fence because I don't know, I don't know what's going to happen with the transient population. I liked Mr. Todd's suggestion that we deny the wine part of it and let them sell beer. Maybe I consider that the lesser of two evils in this case. It's a very difficult decision. And you're right, ma'am, God will be our judge. That's right. MS. YOUNG: May I ask a question? MAYOR PRO TEM HANDY: Let us finish going around, then you ask it. Mr. Beard? Mr. Powell? MR. POWELL: Mr. Chairman, in light of all the information that we've received, I'm going to make a substitute motion for approval. MAYOR PRO TEM HANDY: Okay. Mr. Bridges? MR. KUHLKE: I'll second. MAYOR PRO TEM HANDY: Okay, we have a substitute motion to approve. Discussion, please? Mr. Bridges? MR. BRIDGES: Yeah. I'm going to support the church in their request here. I'd ask that you not be too hard on those that are voting in another light. Basically this decision is not today, this decision was made some time ago when the voters of Richmond County said we want liquor sales. That's when it was -- that's when it was decided. From that point on it's based on policy procedure, ordinance law. And I took note on an article that the Christian Coalition, I believe it was, had. Of regular church attenders about thirty-five percent are not even registered to vote. That might be something that you might want to look at in your church and, you know, in your community as well because that is a problem. But these issues were decided by the voters, and I just ask that you not be too hard on these folks, but I will support you in your request. MAYOR PRO TEM HANDY: Yes, ma'am, you have a question? Your name and address for the record. MS. YOUNG: My name is Pam Young, and I'm a mother and a church member. I have a -- the only problem --or one of the problems is that they measured from my corner of my church property to their front door, which is a parking lot quite some -- you know, the corner of their property comes out to 13th Street, and I just wonder why do we not measure from property to property instead of my corner property to his front door, which logically he moved back because he had it surveyed. And I just ask -- basically I just had to say it. MAYOR PRO TEM HANDY: Okay. Thank you. UNIDENTIFIED SPEAKER: I have a comment, please. MAYOR PRO TEM HANDY: Last comment from both sides, please. We must move on. UNIDENTIFIED SPEAKER: I'm a member of Curtis Baptist Church. I have a child at Curtis and I'd just like to know when do we quit worrying about the profit that people are going to make when our children's safety are at concern? When can our children come first and money second? Thank you. MAYOR PRO TEM HANDY: Thank you very much. We're going to take the substitute motion first and the last motion we received. All in favor to approve, let's see the raising of hands. MESSRS. BRIDGES, MAYS, TODD & ZETTERBERG VOTE NO. MOTION CARRIES 6-4. MAYOR PRO TEM HANDY: Next question, please? CLERK: Item 66 is a motion to approve the Capital Expenditure of $28,800 for Change Order #2 on the demolition of Hangar #2 to Southern Environmental Inc. MR. TODD: Mr. Mayor, did we obtain any additional information through the Administrator on why this was missed? CLERK: Yes, sir, Mr. Todd, it was in your package you picked up Friday. MR. McDILL: And Mr. McDill is here to discuss that if you would like. MR. TODD: Yes, we'd like. MR. McDILL: Mr. Mayor, members of the Commission, my name is Al McDill; I'm the Director at Bush Field Airport. I did provide a package to you answering some of the questions that I understood were raised at the committee meeting on April the 28th. That letter that I provided to you gave a brief history of what this is, and just real quickly I'll recap that. This is a budget item of 1.5 million dollars to demolish and construct a new hangar on the existing site at the airport to be leased by Morris Communications. Morris is responsible for amortizing the --whatever the investment, not to exceed one and a half million dollars will be -- there was some misinformation in the change order support documents that were provided to you on April the 28th that indicated that the $28,800 was for asbestos abatement. That is incorrect, and as I've stated in this document that I provided to you, actually $23,300 I think is the item that relates to demolition of a smaller hanger that's on that same, and there's some $5,600 that relates to asbestos on that particular item -- on that particular hangar. This smaller hangar, Hangar #3, the demolition comes into play. I asked Morris Communications to consider the demolition of that hangar as a part of this package because it affords the airport an opportunity to better utilize the site. The hangar is --originally that they were going to construct was originally to be sited in the center of the old Hangar #2 site. That left quite a large parcel of ground around that hangar that was being suppressed and essentially not a good use -- not a full utilization of the site, so we asked that the smaller hangar that Morris Communication owned be torn down at our expense to accommodate better utilization of the hangar. And the correct information is it's $23,300 for demolition to Hangar #3 and then $5,600 for asbestos abatement related to that Hangar #3. MR. TODD: Yes. Mr. Mayor, at the committee meeting we were told that they were discovering asbestos, and this was for the abatement of asbestos. And certainly I thought it was kind of high, so with the breakdown and a better understanding of what we're doing, I'm going to so move that we approve. MR. KUHLKE: Second. MAYOR PRO TEM HANDY: We've got a motion and a second on the floor. Any discussion? MR. MAYS: Yes, Mr. Mayor. MAYOR PRO TEM HANDY: Yes, sir, Mr. Mays. MR. MAYS: Where -- and he's doing a fine job. Where our new Director won't think we're beating up on him, I do think that you can understand our questioning of what was there. We inherit sometimes on a weekly and daily basis some things in this new government that are very new to some of us. You probably, as Director, you may inherit some where you are, too. But from the standpoint of this particular bid, and in light of what you may have inherited there with that FAA situation of which we're trying to get clear as it relates to the city, we wanted to make sure that in this particular situation -- because we had had, not in your department but in [inaudible] of the bid process on a couple of occasions the last two weeks, and we just wanted to make sure. In that situation I think the explanation clears it out very well that we were not dealing with a situation to probably put ourselves in harms way for maybe the number two or number three bidders. Inasmuch as when you are demolishing old projects such as this, asbestos is something that usually comes up in there. And it was kind of odd that it was found on the tail end, and we wanted to make sure that it was not just going there because it was budget money that was there but that this was something that we were legitimately getting through and doing, and that was the reason for the holdup that was there. And, in fact, I particularly as chairman that day of staying where we wouldn't kill it, where it would come over here with no recommendation, but that we would have time between then and the meeting to get it fully cleared out, and that was the reason for that. MR. McDILL: And I do appreciate it. MAYOR PRO TEM HANDY: Okay, we have a motion and a second to approve. All in favor of the motion, vote by the usual sign. MR. BEARD & MR. H. BRIGHAM OUT. MOTION CARRIES 8-0. MAYOR PRO TEM HANDY: Ms. Bonner? CLERK: Yes, sir. 67 is a motion to approve the Transit Grant Application to the Federal Transit Administration. MR. MAYS: So move. MR. TODD: Second. MR. OLIVER: Well, for the record I'd like to read in what the amounts are so that there will be no potential question as it relates to the budgetary impact. $1,630,969 will come from the federal government, $164,760 from the State of Georgia, and the local share is $477,649, which is budgeted. The total amount of the application is $2,273,378. MAYOR PRO TEM HANDY: Okay. Thank you, Mr. Oliver. We have a motion and a second on the floor to approve. All in favor of the motion, vote by the usual sign. MR. BEARD & MR. H. BRIGHAM OUT. MOTION CARRIES 8-0. CLERK: Item 68 is a motion to approve ratification of the letter of intent dated April 24th for payment of $25,000 to the Augusta Boxing Club to secure the 1997 Boxing USA Boxing Women's National Championship. Funds to be taken from the Recreation and Parks Department operating account for the West Augusta Soccer Complex for '97. MR. MAYS: Mr. Mayor, as chairman of that committee and so that Phil doesn't get confused on it this time, I make the motion to approve. MR. BRIDGES: Second. MAYOR PRO TEM HANDY: We have a motion and a second on the floor. Any discussion? MR. TODD: Yes. Mr. Mayor, this is going to fall under the guise of the new finance regulations on giving -- granting money to entities to make sure they do what they're supposed to do with it. MR. OLIVER: The way the agenda item is worded, Commissioner Todd, this would be done as a budget amendment within the Parks and Recs department and expenditures would be paid up to the $25,000 through the Parks and Recs department, so therefore we would even have a greater control than that proposed. MR. TODD: Great. Thank you. MAYOR PRO TEM HANDY: Any other discussion? MR. J. BRIGHAM: Mr. Mayor? MAYOR PRO TEM HANDY: Yes, Jerry? MR. J. BRIGHAM: Mr. Mayor, specifically, Augusta State University turned back over the operation of the Newman Tennis Center to us as of the first of July because the annual cost of operating this tennis center, I understand, is $65,000 according to the agenda item that we approved in March of this year. I know that there was no additional monies given to the Recreation Department for this item. I want to know where they got the $25,000 from that they're going to be able to get the twenty-five for the tennis center and for the boxing. I want to have them explain that to me. I don't understand this. MR. MAYS: Mr. Mayor? I can't answer it fully, but, you know, from time to time we've been accused, and probably justifiably so, at times with working a little harder and smarter in Rec. Historically when this Commission has asked Rec to do something -- I can remember when we were going to close seven centers, three swimming pools, fire twenty-six people, in the hottest time that we ever had in the history of this city. We were asked to find a quarter of a million dollars. We went back and found close to three hundred thousand. What I'm saying, and not being sarcastic, is that maybe there are other departments in this county. I don't think that we should look at the exception to the rule, maybe we should look at all the departments. Maybe when asked to do certain things, maybe there can be a lot of fat found to be able to get some projects done, and I think rather than the critical analysis of being just critical, maybe we ought to compliment them a little bit for being able to find it. And, in fact, since they found that, Jerry, I may go back and ask them to see can they can find some more. But I think the other chairpersons, maybe you ought to do the same, and then, hell, you may find a lot of money to be able to do some things with. So I think it's complimentary that they've been able to do that. And we're also looking at the public situation on the tennis center. It's not going to go to the dogs, it's going to stay in operation. Hopefully it will stay in the guise of public recreation. We were told the same thing about the golf course, that it couldn't make it, that it had to be turned over and privatized. It's not what it should be, but it's certainly isn't what it was. It's a heck of a lot better. It's proven that it can make money. It was making money all the time, and it's going to make some more money. So I think when you work a little bit smarter you can find some money and you can also get some things done. I hope that that answers the question as to where we found it from, and we won't be going over budget in order to do this event. MAYOR PRO TEM HANDY: Okay. Mr. Kuhlke? MR. KUHLKE: I don't want Mr. Mays to get upset with me, but I think -- MR. MAYS: I'll just turn the boxers over to you. MR. KUHLKE: For the media, I'm not opposed to boxing, but I do get concerned about funding -- MR. MAYS: Women or men's? MR. KUHLKE: Either one. I don't care, either one. But I have some of the same concerns that my colleague, Mr. Brigham, brings up. I also have some concerns that we went back and awarded the bid on the soccer field to the lowest bidder, not taking into consideration the alternates that would have made somebody else low, and so I'm not sure about the impact this -- transferring some of these funds from the West Augusta Soccer Field over to the Augusta Boxing Club, what impact that will have on the soccer area out there. So I really have a problem funding something that comes to us off the cuff, quickly, that right now I still have no idea whether it's going to be on ESPN1, ESPN2; how many participants we're going to have; when it'll be shown, whether it'll be shown at two o'clock in the morning, whatever. So I really have a problem with this; not just this, but other things that come to us very quickly and we respond to them because people have special interests, and so I'm going to vote against it. MAYOR PRO TEM HANDY: Okay. Mr. Howard, would you like to say something? MR. HOWARD: [inaudible] MR. J. BRIGHAM: I would like an answer for the question. MR. HOWARD: Mr. Mayor, as Assistant Director of the department -- Mr. Beck is out of town at this time. We was asked to look over our budget and see could we come up with some money within our budget. The money which we came up with was at the soccer complex. To answer Mr. Kuhlke's question, this does not have anything to do with the sales tax money that was set aside. If you go back and check our budget in which you approved for the first of the year, we had in our budget on the operations end of the complex for twelve months. The complex will not be ready until August, which means we will not take it over and start operating it until September. So we were funded for twelve months, but only -- we won't be in it until September, so we won't have -- we just need money for four months for that year. This is where the money was coming from. You asked us to go out and we are seeking bids on different organizations to come in and to lease the tennis court, Newman's tennis court up there. And we're waiting on some bids to come in to see will this come in where we can still operate and serve out citizens of Richmond County on the tennis court up there, and we will come back to you with a recommendation at that time. But the money is coming from the operation end of the soccer complex. MAYOR PRO TEM HANDY: Mr. Todd? MR. TODD: Yes, Mr. Mayor. Certainly I pushed for and glad I did after learning some things about relationships with one of the contractors that wasn't the low bidder and some of the inhouse staff, and -- but I don't necessarily have to get into the details of that. But the bottom line is we went with the lower bidder, and I don't think anyone can argue with going with the low bidder. You know, that's where I'm at on it. We cannot use one-penny sales tax money for operations, so we're not using one-penny sales tax money for the boxing. Really I think that when we have Discovery Center come in here and say we need $10,000 so we can open on schedule and when we're doing crisis management over on the Riverwalk, we don't have a problem with that. We approve things like that, but anything else we seem to have a problem with. And my position is that it's not whether I condone or not grown ladies boxing, it's whether this will be a good deal for Richmond County, whether it will put Richmond County in the eyes of the nation or possibly most of the world on the ESPN1 or 2. And what we'll get for $25,000 will be a lot cheaper than what Alexandria, Virginia, pay for thirty seconds on national television to advertise their city. Thank you. MAYOR PRO TEM HANDY: Mr. Bridges -- I mean Brigham, please. MR. J. BRIGHAM: Thank you, Mr. Handy. MR. BRIDGES: I get his mail. MR. J. BRIGHAM: I get yours, too, and your phone calls. Mr. Howard, I'm back to my original question about the $25,000. I heard your comment that y'all are seeking proposals. If we don't find a vendor to operate these tennis centers, are we going to close them? MR. HOWARD: No, sir, we fall back on the arms of the Recreation and Parks Department. MR. J. BRIGHAM: And so where is the money coming from? We don't have it in the budget. I'm just asking for honest answers. MR. HOWARD: I'm giving you honest answers here this morning. No, sir, we was not budgeted for the tennis center at the beginning of the year because it was not part of our organization. But in the middle of the year you're coming asking us to look at this proposal. Only thing we can do is go out and do what you ask us to do and to come back with a good recommendation to the Commission. MR. J. BRIGHAM: Mr. Howard, I hate to argue with you a little bit here, but I got to. We didn't ask you --it's not something we want to ask you to do. We own the tennis centers. We were given the tennis centers back for operation. We have to operate them. MR. HOWARD: This I know, and it's supposed to take place in June, what I'm saying. And I don't know what the reason -- MR. J. BRIGHAM: What I'm trying to say is we have not amended your budget to increase your budget by any amount of money for the operation of these centers. MR. HOWARD: No, sir. MR. J. BRIGHAM: Okay. So obviously we have not only $25,000, we have $50,000 excess funds in your budget, because we're giving away 25,000 for boxing and we will have 25,000 if we need it to operate these centers. Is that what you're telling me? That's what I want to know. MR. HOWARD: No, sir, I'm not telling you that. I'm saying that we found $25,000 for the boxing club within our budget. MR. J. BRIGHAM: Okay. Then tell me what we're going to do about the tennis courts. MR. HOWARD: At this time, Mr. Brigham, we will just have to look at some things and come up with the best recommendation to the full Commission at this time to make a recommendation. I do see where we need to operate these tennis centers and we just need to come up with the funds, and we're going to need your help and support in trying to get this done. MR. J. BRIGHAM: I understand that, but my problem is still there with the tennis centers. This is something that we know is in the budget. This is not a want, this is a need. This is something that's going to happen whether we like it or not. What are we planning for? MR. HOWARD: At the present time, Mr. Brigham, I can't answer your question. MR. J. BRIGHAM: Thank you. MAYOR PRO TEM HANDY: Mr. Mays? MR. MAYS: Yes. Mr. Mayor, just a point of order. Are we discussing a motion on the floor to deal with the boxing proposal or are we asking for a motion today on a solution about tennis? MAYOR PRO TEM HANDY: We're asking for $25,000 to come from West Augusta Soccer Complex to go for the boxing. MR. MAYS: Okay. For my friends that may have a serious concern on both sides of me, and I love both of them dearly, I don't get into territorial prejudices. Just like we hunted and found a way to save the situation when they came up with the fields for Little League, and they also, Mr. Brigham, were in the west but they serve kids from throughout this entire community, we'll hustle and find a way to deal with the tennis center. Now, we may have to ask you all over in Finance to bend a little bit in doing that as well. But I guarantee you, dealing with that tennis center is not as strong-arm, as Mr. Todd has said, as some of the Brooks Brothers operations that have walked through that door that we've not known hide or hair how we were going to get some of the money back, still don't know, and don't know where some of it went. At least with the tennis center we're going to know what happens to it because it -- if we deal with it from public recreation, then we're going to know where the dollars are. So, yes, we may have to ask for some help, but I think it's a little unfair today to mix the apples and oranges and try and confuse this darn thing about boxing, because we're dealing with that and have found and done money with it. Again, maybe we get some departments to work a little smarter and harder in the fat like we are and we'll find some more money, maybe a little bit from everybody's department, and that might help the center to go. And then, you know, we could not only, you know, lose fat from the departments, we could all get out there and lose some of it off us. MAYOR PRO TEM HANDY: Thank you, Mr. Mays. MR. BEARD: Mr. Mayor, I call for the question. MAYOR PRO TEM HANDY: Thank you. We're going around. Mr. Brigham? Henry Brigham? MR. H. BRIGHAM: I pass. MAYOR PRO TEM HANDY: Okay. Zetterberg? MR. ZETTERBERG: In my opinion, this is not about boxing, this is about $25,000 in the Rec Department, and I would be very hard pressed and I want an answer. I asked the Commission to save a million dollars or close to a million dollars and they just gleefully ran off and said we'll support hiring a telecommunications specialist. But in this particular case I don't know how we're going to do the Newman Tennis Center, and I think it's a real serious question. I think Mr. Brigham has asked a pointed -- a good question. And I would be more than happy to support the boxing if we could find some place where it could come and a budget that had the money. I can tell you, the Rec Department doesn't have the money based upon what I've heard and what I know about the Rec Department. But this is not about boxing at all. Don't get confused. It's about fiscal responsibility, which we don't seem to have much discipline in. MAYOR PRO TEM HANDY: Mr. Beard? Mr. Powell? MR. POWELL: Mr. Chairman, I call for the question. All this fancy footwork is [inaudible]. MAYOR PRO TEM HANDY: Okay. We have a motion and a second on the floor to consider taking $25,000 from West Augusta Soccer Complex in order to support the '97 USA Boxing Women's National Championship. All in favor of the motion -- MR. MAYS: Mr. Mayor? MAYOR PRO TEM HANDY: Yes, sir? MR. MAYS: Can I make one thing that I hope that goes into that motion? And I know you're stating it from what the generalities are, but could it be made clear in that motion and what's going to be recorded that it's not being taken from that soccer facility, that it's being taken from that excess which we have not used, which was budgeted, that will not be touched, that we have gone back and prudently and conservatively found just like we did with the ball fields, and we are getting the soccer complex built? MAYOR PRO TEM HANDY: Could I put instead of taken, transferred? Would that be [inaudible]. CLERK: It's taken from the operation budget of the West Augusta Soccer League. MR. TODD: Mr. Mayor, a point of information. Shouldn't ratifying the letter -- I think we have the official signatures -- enough signatures on the letter and what we're doing is ratifying those signatures. And if the folks that signed the letter vote for the issue, it pass; if they don't, it don't pass. And I don't think we're doing anything other than ratifying that letter, and I'm one of the signees on the letter. MAYOR PRO TEM HANDY: Good enough, Mr. Todd. Well taken. All in favor of ratifying the letter of intent that was dated April the 24th, vote the usual sign by raising your hand. [vote uncertain] Let us have a roll call vote, please, starting with Mr. Todd. CLERK: No, we do it alphabetically. MAYOR PRO TEM HANDY: Alphabetical order. MR. ZETTERBERG: Mr. Handy? MAYOR PRO TEM HANDY: Yes, sir? MR. ZETTERBERG: I'd like to apologize to everybody, but I'm not too sure what I'm voting on now. There was a motion to -- on the $25,000 from the Rec budget. Mr. Todd has said something else, and I'd like to make a -- frankly, I -- most of the time I pay attention, Mr. Todd. This time I didn't. CLERK: The motion on the floor was to ratify the letter of intent for the payment of the $25,000 to come from the West Augusta Soccer Complex operation budget for '97. MR. ZETTERBERG: Thank you, Ms. Bonner. CLERK: Mr. Beard? MR. BEARD: For. Yes. CLERK: Mr. Bridges? MR. BRIDGES: Yes. CLERK: Mr. Henry Brigham? MR. H. BRIGHAM: Yes. CLERK: Mr. Jerry Brigham? MR. J. BRIGHAM: No. CLERK: Mr. Handy? MR. HANDY: No. CLERK: Mr. Kuhlke? MR. KUHLKE: No. CLERK: Mr. Mays? MR. MAYS: Yes. CLERK: Mr. Powell? MR. POWELL: Yes. CLERK: Mr. Todd? MR. TODD: Yes. CLERK: Mr. Zetterberg? MR. ZETTERBERG: No. MESSRS. J. BRIGHAM, HANDY, KUHLKE & ZETTERBERG VOTE NO. MOTION CARRIES 6-4. MAYOR PRO TEM HANDY: Next item? CLERK: Item 69 is appointments to various Boards and Authorities for Augusta-Richmond County. Mr. Zetterberg would like to make the following appointments today. He'd like to rescind the appointment of Ms. Margaret Brown, with the replacement of Ms. Mary Walker for the Board of Animal Control -- MR. ZETTERBERG: That is not true. There was a mistake on that one. It is Mary Walker. It was Mary Walker all along. CLERK: Well, we had to rescind the action on Margaret Brown. MR. ZETTERBERG: It was that I was confused. Okay, thank you. CLERK: For a matter of record, we rescind that action and appoint Ms. Mary Walker on the Board of Animal Control. On Housing and Neighborhood he'd like to offer Mr. James Rouse. Mr. Ulmer Bridges: Mr. Frank Bolineau for the position on Historic Preservation. Mr. Henry Brigham would like to offer Mr. Leroy Steed on Animal Control Board; to rescind Ms. Emma Bass on Historic Preservation, with the appointment of Ms. Alzina Williams; Housing and Neighborhood Development, David Butler, Sr. Mr. Jerry Brigham would like to place in nomination for Animal Control Dr. Gary Wilkes; for the Housing and Neighborhood Advisory Board, R. Thomas Fuller; for the Richmond County Public Facilities, Mr. Chuck Lanier. This completes Mr. Jerry Brigham's appointments. Mr. Kuhlke offers for the Housing and Neighborhood Development Advisory Board David Hodge. Lee Beard -- MR. KUHLKE: Hogue. CLERK: Hogue? I'm sorry. MR. ZETTERBERG: Hough. CLERK: Hough? Mr. Kuhlke, it's your appointment. His name is? MR. KUHLKE: David Hogue. CLERK: Hogue. Mr. Beard: Bush Field Aviation, Mr. Ed McIntyre; Historic Preservation, Thelma Williams; Housing and Neighborhood Development, Nancy Barnes. Mr. Mays: Aviation- Bush Field, Rick Beard; Planning Commission, Margaret Armstrong. That's it today. MR. TODD: I so move that we approve. MR. KUHLKE: Second. MAYOR PRO TEM HANDY: We have a motion and a second on the floor. Any discussion? If not, all in favor of the motion, vote by the usual sign. MOTION CARRIES 10-0. CLERK: Item 70: A motion to approve the minutes of the Augusta-Richmond County regular meeting held April 15th. MR. H. BRIGHAM: So move. MR. TODD: Second. MAYOR PRO TEM HANDY: We have a motion and a second on the floor. Any discussion? If not, vote by the usual sign, all in favor. MOTION CARRIES 10-0. CLERK: Item 71 is a motion to approve a Resolution/Proclamation recognizing the restoration of the United States Courthouse in Augusta. MR. TODD: So move. MR. J. BRIGHAM: Second. MAYOR PRO TEM HANDY: Thank you for that second. We have a motion and a second on the floor. Jim? MR. WALL: This is to recognize the General Services Administration for the work that they did in connection with the restoration of the Courthouse, and I would ask that you approve this resolution and proclamation. MR. TODD: Mr. Mayor? MAYOR PRO TEM HANDY: Yes, Mr. Todd? MR. TODD: In the restoration of the Courthouse the federal government and General Service Administration spent millions here, including the rental of property on Broad Street, and I think that this is something that we certainly should do. From what I can see, they done an outstanding job, and simply a resolution. MAYOR PRO TEM HANDY: Thank you. Any other discussion? If not, all in favor, vote by the usual sign. MOTION CARRIES 10-0. CLERK: 72 is an Ordinance to amend the City Council of Augusta 1949 General Retirement Fund. MR. WALL: This is something that came before you once before insofar as getting approval to advertise. This simply changes the method of computation from basing it on the number of years to the months that the employees have served. This makes it consistent with the 1977 county plan. Recommend approval. MR. J. BRIGHAM: So move. MR. H. BRIGHAM: Second. MAYOR PRO TEM HANDY: Motion and a second on the floor. Any discussion? If not, vote by the usual sign. MOTION CARRIES 10-0. CLERK: 73 is a motion to approve the resolution increasing membership of the Development Authority of Richmond County to nine members. MR. ZETTERBERG: So move. MR. TODD: Second. MAYOR PRO TEM HANDY: We've got a motion and a second on the floor. Any discussion? All in favor of the motion, vote by the usual sign. MOTION CARRIES 10-0. CLERK: Mr. Mayor and members, we have a request from the Attorney to add three items that was not on our original addendum agenda. One is a motion to approve a condemnation -- MR. WALL: No, that one was withdrawn. CLERK: Yeah. The next one is a quitclaim -- a motion to approve execution of a quitclaim deed; abandon sanitary sewer easement transversing Lot 9 of Barrett Place Subdivision; and to approve a lease with University Healthcare, Inc. for three hundred parking spaces in the garage located at Ellis Street for $5,000 per month. MR. TODD: Mr. Mayor, I so move by unanimous consent. MR. J. BRIGHAM: Second. MAYOR PRO TEM HANDY: We have a motion and a second on the floor. Any discussion? If not, all in favor of the motion, vote by the usual sign. MOTION CARRIES 10-0. CLERK: The parking lease: Approve a lease with University Health Services, Inc. for three hundred parking spaces in the garage located at Ellis Street. MR. TODD: Mr. Mayor, I'm going to so move. MR. H. BRIGHAM: Second. MAYOR PRO TEM HANDY: All right, a motion and second on the floor. Any discussion? MR. TODD: Yes. Mr. Mayor, I would assume that University is going to be responsible for the security and maintaining the parking lot during the time that they have the lease when they're doing construction in their general parking lot area. MR. OLIVER: They are responsible for the transportation. We're only responsible for the general maintenance, cleanup, bulbing/rebulbing and that type thing. We're not responsible for manning it or anything of that nature. MR. TODD: Okay. Thank you. MR. WALL: Also, they're not leasing the full facility, they're just leasing three hundred spaces. MR. OLIVER: That's correct. On an average day there's about - - we figured six to twelve spaces that have traffic in it, so it's not anticipated that they'll use the full amount of the garage. MR. TODD: Mr. Mayor, if I can amend my motion, I'd like to amend it that the proceeds from the lease go into the renovation and upkeep and doing some of the things that we've talked about doing I believe even with Main Street Augusta, et cetera, as far as the improvement of the parking deck, if the seconder of my motion will accept that amendment. MR. H. BRIGHAM: [inaudible] goes back into the maintenance of that parking lot? MR. TODD: Yes, sir. MR. H. BRIGHAM: I accept that. MR. OLIVER: Let me mention one thing. I'd rather come back with a plan for the use of that money, and I'll tell you why. We have 50,000 proposed to be budgeted, which will be coming forward next week in committee out of sales tax for this. This money can be used towards operating or capital projects, either one, where sales tax money can only be used for capital, and so you may want a greater degree of flexibility to use this money for other things. MR. TODD: Okay. I'll withdraw my motion then, Mr. Chairman, and hopefully we can use it then to operate the Newman Tennis Center. MR. MAYS: Can you add that in there? MR. TODD: I'm going to leave it up to the Administrator. We're getting silly. MAYOR PRO TEM HANDY: Any other discussion? If not, all in favor of the motion, vote by the usual sign. MOTION CARRIES 10-0. CLERK: Next item is a motion to approve the execution of the quitclaim deed for Barrett Lane Subdivision -- Barrett Place. MR. TODD: So move. MAYOR PRO TEM HANDY: We have a motion on the floor, need a second. MR. J. BRIGHAM: Second. MAYOR PRO TEM HANDY: All right, a motion and a second. Any discussion? If not, vote by the usual sign. MOTION CARRIES 10-0. CLERK: The next item is to approve Georgia Department of Transportation contract for participation in the Pepperidge Drive Intersection Improvements in the amount of $24,230.65. MR. TODD: So move. MR. J. BRIGHAM: Second. MAYOR PRO TEM HANDY: Got a motion and a second on the floor. Any discussion? If not, vote by the usual sign. MOTION CARRIES 10-0. CLERK: Next is to award the pyrotechnics contract to the low bidder, Melrose South Pyrotechnics, Inc., in the amount of $21,750 for producing pyrotechnic displays for four major annual events at the Riverwalk. MR. KUHLKE: So move. MR. MAYS: Second. MAYOR PRO TEM HANDY: Got a motion and a second on the floor. Any discussion? MR. TODD: What in the heck are we talking about? CLERK: Fireworks. MAYOR PRO TEM HANDY: Fourth of July. CLERK: Firework displays, Mr. Todd. MR. TODD: Thank you. It's not often that I'm caught in the dark. MAYOR PRO TEM HANDY: Praise the Lord. Any other discussion? If not, all in favor of the motion, vote by the usual sign. MOTION CARRIES 10-0. CLERK: The next item is legal meeting --other business? Next item, legal meeting. MR. J. BRIGHAM: Didn't we have another agenda item? CLERK: That was withdrawn. MR. TODD: Mr. Mayor, I move that we adjourn. MR. WALL: Well, I would ask that you have a legal meeting. We've got about eight matters I need to discuss with you, litigation matters and some settlements and condemnation matters. MR. MAYS: Mr. Mayor, I so move that we go into legal session for those so stated by the Attorney. MR. BEARD: I'll second. MAYOR PRO TEM HANDY: Thank you. We adjourn for legal meeting. [COMMISSION RETIRES INTO LEGAL MEETING AT 5:00 P.M.] MR. WALL: I would ask that you approve settlement of the Steinberg condemnation case for the sum of $80,000; I would ask that you approve settlement of the McClellan case, wrongful death action, by the payment of the sum of $500,000 less amounts that have been paid for attorneys fees; I'd ask that you add to the agenda to settle the workers' compensation case of Jessie Lee Lawson for a lump sum payment of $40,000 with a no- liability stipulation; I'd ask that you approve settlement of the -- or add to the agenda approval of the Clean Water Act litigation by approval of a settlement agreement substantially in the form set forth in this proposed Consent Decree; and I would propose that you add to the agenda approval of a settlement of acquisition of the property at the Y for the Skinner Mill Road Extension for the sum of $59,400. I'd ask that those be added and -- MR. KUHLKE: I move approval that we add those to the agenda. MR. BEARD: I second. MAYOR PRO TEM HANDY: We have a motion and a second. Any discussion? If not, vote by the usual sign. MOTION CARRIES 10-0. MR. WALL: And then as to each one of those, I would ask that you now approve each one of those motions as I stated; that is -- MR. KUHLKE: I move for approval. MR. POWELL: Second. MR. TODD: Mr. Mayor, I'd rather do them item by item versus a consent. MAYOR PRO TEM HANDY: Okay. We need -- all the Commissioners take your seat, please. We're still in the meeting. Thank you. MR. WALL: First I would ask that you approve settlement of the Steinberg condemnation in connection with the Interstate Parkway Project for the sum of $80,000. MR. KUHLKE: So move. MR. POWELL: Second. MAYOR PRO TEM HANDY: We have a motion and a second on the Steinberg property. Any discussion? If not, all in favor, vote by the usual sign. MR. H. BRIGHAM ABSTAINS. MOTION CARRIES 9-1. MR. WALL: Next I would ask that you approve settlement of the McClellan versus Richmond County and Victor Phillips by a total settlement of $805,426, of which $500,000 would be paid by Richmond County. MR. TODD: So move. MR. POWELL: Second. MAYOR PRO TEM HANDY: We have a motion and a second on the floor. Any discussion? If not, vote by the usual sign. MOTION CARRIES 10-0. MR. WALL: Next I would ask that you approve a settlement of a workers' compensation claim of Jessie Lee Lawson for a lump sum payment of $40,000 with a no-liability stipulation. MR. KUHLKE: So move. MR. J. BRIGHAM: Second. MAYOR PRO TEM HANDY: We have a motion and a second on the floor. Any discussion? If not, all in favor, vote by the usual sign. MR. BRIDGES & MR. TODD VOTE NO. MOTION CARRIES 8-2. MR. WALL: Next I would ask that you approve settlement of the so-called Clean Water Act lawsuit filed by Georgia Environmental Organization, Hyde Park and Aragon Park Improvement Committee, against Richmond County based upon the terms set forth in a proposed Consent Decree. MR. TODD: So move. MR. BEARD: Second. MAYOR PRO TEM HANDY: We have a motion and a second on the floor. Any discussion? If not, vote by the usual sign. MOTION CARRIES 10-0. MR. WALL: Next I would ask that you approve an option to purchase 0.444 acres of right-of-way and 0.282 acres of temporary construction easement on property of the YMCA in connection with the Skinner Mill Road Extension and Agerton Road -- Lane Roadway and Drainage Improvement Project for the sum of $59,400. MR. ZETTERBERG: So move. MAYOR PRO TEM HANDY: Who will second? MR. J. BRIGHAM: Second. MAYOR PRO TEM HANDY: We have a motion and a second on the floor. Any discussion? MR. TODD: Yes. Mr. Mayor, it's my understanding this have to do with the Wheeler Road alignment as far as coming off I-20? MAYOR PRO TEM HANDY: Jim, could you answer Mr. Todd's question, please? MR. WALL: I'm sorry, Mr. Todd, say -- may I ask you to repeat it? MR. TODD: Yes. It's my understanding that this -- that this road has to do with the Wheeler Road alignment coming off of I-20 and channeled into this road? MR. WALL: Yes. Well, it's Marks Church. Marks Church Road and -- that will align that intersection, that's correct. MR. TODD: Okay. Thank you. MAYOR PRO TEM HANDY: Any other discussion? If not, all in favor, vote by the usual sign. MOTION CARRIES 10-0. MAYOR PRO TEM HANDY: Next item? MR. WALL: That's all. MR. H. BRIGHAM: Move we adjourn. MAYOR PRO TEM HANDY: So move. Meeting adjourned. [MEETING ADJOURNED]