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HomeMy WebLinkAbout04-20-1999 Regular Meeting Page 1 THE AUGUSTA COMMISSION MINUTES REGULAR MEETING April 20, 1999 Commission Chambers The meeting convened at 2:00 p.m., with the Honorable Bob Young, Mayor, presiding. Present included the Hons. Beard, Bridges, H. Brigham, J. Brigham, Colclough, Handy, Kuhlke, Mays, Powell, and Shepard. Also present were Ms. Bonner, Clerk of Commission; Mr. Oliver, Administrator; and Mr. Wall, County Attorney. THE INVOCATION WAS GIVEN BY THE REVEREND MANNING. THE PLEDGE OF ALLEGIANCE WAS RECITED. - - EXCERPT OF MEETING - - CLERK: Item 51: Motion to approve Hardship Transfer request by Susan Faircloth to transfer the retail package liquor, beer & wine license used in connection with McBean Package Store located at 5274 Mike Padgett Highway to 908 Hephzibah McBean Road. MAYOR YOUNG: Is the petitioner with us? MR. NICHOLSON: Mr. Mayor and members of the Commission, my name is Sam Nicholson, representing the petitioner, Susan Faircloth. MAYOR YOUNG: All right. Do we have any objectors here? MS. WILLIAMS: Yes. I'm Irma Loy Williams. MAYOR YOUNG: Just a moment. Just a moment. Let's see a show of hands here. MS. WILLIAMS: These are the objectors with us. Do we have a total of everybody? They're all outside in the hall. MAYOR YOUNG: Let's get an accurate count; okay? We don't want them to come here this afternoon and not be counted. While they're counting the objectors, may I ask is there a spokesman, one or two people who are speaking for the objectors? MS. WILLIAMS: I will speak and--he's back there. He's in the back. I will do part and he will do part. MAYOR YOUNG: All right, that'll be fine. And, Mr. Nicholson, you represent the petitioner. Do you have any other people who will speak? Page 2 MR. NICHOLSON: No, but we do have some names on a petition that we'd like to present. MAYOR YOUNG: Okay. Did you get it, Mr. Wall? MR. WALL: Yeah. There's none against, but two in favor of it in the hallway. [43 OBJECTORS PRESENT] MAYOR YOUNG: All right. Mr. Nicholson, we'll hear from the petitioner. MR. NICHOLSON: Mr. Mayor and members of the Commission, this is a motion to approve a hardship transfer of the request of Ms. Susan Faircloth transferring her place of business, McBean Package Store, from 5274 Mike Padgett Highway to 908 Hephzibah-McBean Road. Ms. Faircloth was forced to move her business because of the widening of the highway out there on Mike Padgett Highway; therefore, she is having to transfer her off-premises consumption license to this new location that they have found, which they went through the zoning process and got it zoned for the purposes of a package store. There is no legal reason to deny this transfer. It's a hardship transfer. She's having to do this. She's not doing it by her own free will and suggestion, she is doing it because she has to do it. And this is the property they found, it's properly zoned, there's no legal reason to deny it, and we ask that you approve this transfer. We also have here ten copies of a petition that has-- MAYOR YOUNG: Do you want to submit those? MR. NICHOLSON: Yes, we'd like to submit those. They have close to 500 names on them. So we would like to submit that into the record and have each one of the Commissioners and the Mayor consider that in passing on this application for transfer. And we're happy to answer any questions that anybody may have. MAYOR YOUNG: Thank you, Mr. Nicholson. Now let's hear from the objectors. Would you state your name and your address, please. MS. WILLIAMS: My name is Irma Loy Williams, 4786-B McCombs Road, Hephzibah, Georgia. Mayor and Commissioners, we the people here, the community of McBean, is here to object to a liquor license at this location. Presently we--right now 56 is held up three hours for a bad wreck right at the church. That has a caution light. Our seniors--we have a marvelous park for recreation out there, and we--and the senior center. We're very proud of what y'all have done for us there. But Page 3 there is no caution light. There is nothing there. When this road goes in--it's true that they're a few feet over what would be legal for them to be there if you go out the door and come around. But our children that walks across that road, drives there, our seniors that drive in there, they need this protection. We have no caution light there to even warn them. There are wrecks there. I know y'all have a petition saying there were only three wrecks in '98. It doesn't count all the little bumpings that wasn't reported [inaudible] somebody did not get hurt in. We, the community, was under the assumption that the zoning was to protect the community as well as the person. We have no objection to a business. We've put that through the whole time we've been here, every time there's been a hearing, and every time we have said we have no objection to a business there. We want McBean to grow. But not a liquor store at this intersection because of the danger to our children, to our veterans that walk up and down the road there, the dangers to our senior citizens, and to our citizens. We can only pray because we do not have the power that y'all have to stop this. We can only pray, but y'all do have the power to help the community to protect our children. She has been wrote up for her employee selling liquor to a minor. She said, okay, you--still a business person is responsible for what their employee does. Look at Gurley's for an example. So you're responsible. There is nothing whatsoever to keep a person from buying their liquor, going out to their car and drinking it, and driving right off. We have a couple right here, at seven o'clock in the morning they were called, their child was hit by a drunk driver. We need this help from y'all. MAYOR YOUNG: Okay. You had one more person who's going to speak. Please identify yourself and give us your address. SPEAKER: My name is [inaudible], Piney Grove Baptist Church, Richmond County. Honored Mayor and Commissioners, I appreciate the time and opportunity to come before you and speak. We're going back and forth, as you know, with--we've got a legal issue and what we call a hardship transfer case, which I have a hard time comprehending when somebody is reimbursed. It looks like it boils down to a moral issue and it looks like it boils down to the voice of the people; okay? The voice of the people, the way I'm hearing it, and a representation from all the people here, is we don't want a liquor store in McBean, especially across from the recreation center, Engine Company Number 12, and in lieu of the new proposed widening of Highway 56 and increased volume of traffic. Please honor the voice of the people: do not allow the sale of liquor and wine to be in McBean. It is such a critical intersection and pivotal point for the community. I think it represents a black eye for the community in allowing Page 4 something like that to happen. We are not against business coming into Richmond County, we're against the liquor issue and what it brings. Thank you very much. [A ROUND OF APPLAUSE IS GIVEN] MAYOR YOUNG: Do any of the Commissioners have any questions? Mr. Bridges? MR. BRIDGES: Mr. Wall, can you make reference to the hardship transfer in regards to if the state is taking property and people have been reimbursed for their property, is that a true hardship? MR. WALL: I asked Stewart Walker concerning that terminology prior to the meeting. That is not language that appears in the ordinance. It's language that the former city used insofar as consideration of licenses where, as a result of not a voluntary decision on the part of the business to move and seek a transfer, the transfer was forced either by a condemnation, such as occurred in this situation, or in the event of the death of an individual and it was a necessary transfer because of those type situations. But there is no different criteria specified in the alcohol ordinance for a hardship case, so to speak, versus another one. MAYOR YOUNG: Mr. Shepard? MR. SHEPARD: Thank you, Mr. Mayor. I wanted to ask the Attorney what objective criteria does this applicant not meet? The backup material in the book indicates that the--from the staff point of view, that this applicant does meet the criteria. And there's a body of law saying that if they meet the criteria, your discretion is somewhat limited. So where do we stand in terms of the objective criteria? Like traffic, we have a memo from Mr. Huffstetler saying that this construction will have a small impact on traffic. It seems like to me that would not be objective criteria, based on what I've gotten from the Traffic Engineer. MR. WALL: Well, if I could just run down the list insofar as the considerations that you may want to apply to this. The first one that is a standard that can be used in exercising discretion is reputation and character. The second one is previous violation of liquor laws, and you've heard one reference to a previous incident involving one clerk. The manner of conducting the prior liquor business and whether there's been any need for any unusual police observation or inspection in order to prevent the violation of any law or regulation, I've heard no evidence of that. The fourth area is location, to include the general character of the neighborhood and the effect that such an establishment would Page 5 have on the adjacent and surrounding property values. Number five is the number of licenses, you've not heard anything about that. Six is dancing, you've not heard anything about that. Seven, previous revocation of license, nothing has been said about that. Delinquency of taxes, nothing has been said about that. Congregation of minors, you've not heard about a congregation, you've heard about the impact upon minors perhaps, and the particular standard is any circumstances which may cause minors to congregate in the vicinity of the proposed location even if the location meets the distance requirements. And then the tenth one is any prior incidents involving the location. MS. WILLIAMS: Mr. Wall, may I say something? I forgot to say this, but McBean Elementary School is one mile from this also and we have bus traffic. MAYOR YOUNG: Thank you. It's the Commissioners' turn to talk and ask questions. MR. SHEPARD: Mr. Wall, the distance requirement--I heard the recreation center mentioned and the school mentioned. I take it the staff has looked at that and they meet those distance requirements? MR. WALL: That's correct. MR. SHEPARD: Thank you. MAYOR YOUNG: Mr. Handy, did you want to say something? MR. HANDY: No. MAYOR YOUNG: You looked like you were poised with a question there. Mr. Kuhlke? MR. KUHLKE: I wanted to ask Mr. Nicholson, is the property in question, is it going to--the entrance to this property going to be off Mike Padgett or is it off-- MR. NICHOLSON: We have a plat here, Mr. Kuhlke. And it's the intersection of Old Savannah Road and Hephzibah- McBean Road, and I think you're coming in off of Hephzibah- McBean Road. That would be the entrance, so you'd turn off there and go in from that direction. MR. KUHLKE: So there would be no entrance on Mike Padgett? MR. NICHOLSON: That's correct. Page 6 MAYOR YOUNG: And this is strictly off-premises consumption? MR. NICHOLSON: That's correct. Strictly. MAYOR YOUNG: Any other questions? Mr. Bridges? MR. BRIDGES: I'd like to ask, is this--when Highway 56 comes through, will your property border Highway 56? I know you won't be turning off of it, but will the actual property border that? MR. NICHOLSON: It borders it approximately 41 feet, almost 42 feet. It's the very end corner on this plat, up here at the top, and that's what will be bordering Mike Padgett Highway. MR. BRIDGES: Mr. Mayor, if I could speak to this issue. MAYOR YOUNG: Yes, sir. MR. BRIDGES: We've been going back and forth with this liquor store for some time now, and I thought we had it worked out beforehand. The residents didn't seem to object to the store being there as long as it was located near where it is presently. And, unfortunately, there was no property for sale in that location, is my understanding, so, you know, this issue is before us now. The attorney mentioned the distance requirement. Of course, that's 100 yards as you walk out of the store, and I think we're all familiar with that. There's been enough of these issues come up that we've addressed that issue. I asked Mr. Walker on one occasion to go out in front of this Greene Street building, go around the building as you walk, and go in the back door, and tell me how many--how far that would be. That was 175 yards. And 100 yards is the limit. So, in essence, this building, on the bottom floor, we could operate a church out of the front and a liquor store out of the back and we'd be within the legal limits as established by the ordinance. So I think in this case we need to use the discretion that the law and the ordinance does give us as Commissioners regarding the character of the community and the distance requirements from a recreation center, which will be almost right across the street from the location, across Highway 56. The character of the community, I think, should be considered, too. Before I came to this meeting today--I've been through McBean several times. Before I came to the meeting I rode by the location again just to check and make sure I knew the lay of the land. When this store is open, if the store is the location where the dirt pile is--and I'm assuming it's in that area. Where is that at, Ms. Faircloth? Page 7 MS. FAIRCLOTH: At the far back. MR. BRIDGES: But you're behind the dirt pile then? MS. FAIRCLOTH: Down farther. MR. NICHOLSON: Down Hephzibah-McBean Road behind the dirt pile. MR. BRIDGES: Okay. You would still be--even in that location you would still be almost directly across from what begins a residential area. In other words, you've got homes from just behind the hardware store all the way down Hephzibah-McBean. So this is a residential area, even though it's zoned particularly rural, and I would encourage the Commission to consider those factors. MAYOR YOUNG: Would you like to make a motion, Mr. Bridges? MR. BRIDGES: I will when I get through, Mr. Mayor. MAYOR YOUNG: Okay. MR. BRIDGES: Another thing I--you know, if there's one community in this county that the community center is the center of the community, it's McBean, more so than Hephzibah or Blythe or anywhere else. These people have seniors that they work with out of that community center, they have the kids that come in the afternoon, they have a ball field there. That's truly the center of the community. And we've got a situation right here behind us where the old city built a museum which a lot of school kids go to, and it's right behind the Discotheque. I'm sure if we had to reconsider that again, we wouldn't put that in the location--that museum in the location that it is. And this is the heart of McBean. I hope the Commission will consider the long-term effect that a alcohol store will have here in the heart of the community. And having said all that, I'll make the motion that the application be denied. MAYOR YOUNG: Is there a second to Mr. Bridges' motion? MR. KUHLKE: I'll second it to get it on the floor. MAYOR YOUNG: All right. Motion and a second. Mr. Kuhlke, did you want to address this? MR. KUHLKE: Yeah. I wanted to ask Mr. Bridges--because this is my district and his district out there. But I went through McBean Saturday, and I'm not exactly sure where this property is, but I do know that you've got the hardware store, Page 8 and then up from the hardware store you have a convenience store; right? On the left-hand side? And where is this property in relationship-- MS. FAIRCLOTH: If you go--turn down that road there's a hardware store, and right across the store is where I am. MR. KUHLKE: And the convenience store sells beer; am I correct? MS. FAIRCLOTH: Right. MS. WILLIAMS: But that was grandfathered. There was nothing we could do about that. MR. KUHLKE: There was nothing you could do about that. Okay, I'm just trying to--I'm trying to get the location of where this is. That's all I have. MAYOR YOUNG: Is there any other member with a question or a comment? Mr. Brigham? MR. J. BRIGHAM: He said it was zoned for a liquor store. I believe it was zoned for neighborhood business. MR. NICHOLSON: That's correct. But, I mean, that's allowed. MR. J. BRIGHAM: It's allowed in that zoning? MR. NICHOLSON: That's correct. Y'all had the zoning changed, didn't you? MS. FAIRCLOTH: [inaudible]. MR. NICHOLSON: Agricultural, and y'all had it changed to neighborhood business? MS. FAIRCLOTH: Right. MAYOR YOUNG: Any other Commissioners with any comments or questions? All right, we'll move the order of the day. All in favor of the motion to deny the petition, please punch your yes button. MR. BEARD, MR. H. BRIGHAM, MR. COLCLOUGH, MR. HANDY, MR. KUHLKE, MR. MAYS & MR. SHEPARD VOTE NO. MR. POWELL ABSTAINS. MOTION FAILS 2-7-1. MAYOR YOUNG: And the motion fails. Page 9 MR. NICHOLSON: Thank you very much. MR. BRIDGES: Call for the order of the day, Mr. Mayor. MAYOR YOUNG: Does somebody want to make a motion to approve it? All right, we have a call for the order of the day. Next item? - - END OF EXCERPT -- CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct excerpt of the Regular Meeting of Augusta-Richmond County Commission held on April 20, 1999. Clerk of Commission