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HomeMy WebLinkAbout05-18-1999 Regular Meeting Page 1 REGULAR MEETING COMMISSION CHAMBERS May 18, 1999 Augusta Richmond County Commission convened at 2:10 p.m., Tuesday, May 18, 1999, the Honorable Bob Young, Mayor, presiding. PRESENT: Hons. Beard, Bridges, H. Brigham, J. Brigham, Colclough, Handy, Kuhlke, Mays, Powell, and Shepard, members of Augusta Richmond County Commission. Also present were Ms. Bonner, Clerk of Commission; Mr. Oliver, Administrator; and Mr. Wall, County Attorney. THE INVOCATION WAS GIVEN BY THE REVEREND COSTIGAN. THE PLEDGE OF ALLEGIANCE WAS RECITED. : Madame Clerk, if we can go ahead with our MAYOR YOUNG recognition, and then we'll get into the rest of the agenda. Yes, sir. We will ask Mr. Andy Baumgartner to CLERK: please join the Mayor at the podium. This is indeed a very special day for us MAYOR YOUNG: today as we recognize Mr. Andy Baumgartner for his recognition as National Teacher of the Year. And with him is his wife Nancy, and I know you are just as proud of him as we are for his accomplishments. And, Madame Clerk, we have a Resolution if you'd go ahead and read that, please. In recognition of Mr. Andy Baumgartner, 1999 CLERK: National Teacher of the Year: "Whereas Andy Baumgartner graduated from H.B. Jenkins High School in Savannah and the University of Georgia in Athens and North Georgia College in Dahlonega; and whereas Andy Baumgartner has taught for 23 years, all in the state of Georgia; and whereas Andy Baumgartner has served as a classroom teacher for Richmond County schools since 1982, most recently as a kindergarten teacher for A. Brian Merry Elementary School since 1995; and whereas Andy Baumgartner holds numerous professional memberships and chairmanships, is active in numerous community and civic organizations and volunteer programs; and whereas based upon teaching excellence Andy Baumgartner received the 1990 Barton Chapel Elementary Teacher of the Year Award, the 1997 and 1998 Merry Elementary Teacher of the Year Awards, the 1998 Richmond County Teacher of the Year Award, and the 1999 Georgia Teacher of the Year Award; and whereas Andy Baumgartner was named the 1999 National Teacher of the Year by President Bill Clinton on Page 2 April 19, 1999; and whereas Andy Baumgartner is just the second kindergarten teacher to be named the National Teacher of the Year in the 48-year history of the program; and whereas Andy Baumgartner is the first ever Georgia teacher to be named the National Teacher of the Year Award; now therefore I, Bob Young, Mayor of the City of Augusta, do hereby proclaim May 18, 1999 to be Andy Baumgartner Day throughout Augusta- Richmond County in honor of Mr. Baumgartner's outstanding accomplishment and contribution to the lives of his students. In witness thereof, I have set unto my hand and caused the Seal of Augusta, Georgia, to be affixed this 14th day of May 1999. [A ROUND OF APPLAUSE IS GIVEN.] I say to those people who are naysayers MAYOR YOUNG: about public education in Augusta: Look at this man right here. I don't think there's any doubt about it that we have some of the finest schools in the state of Georgia right here in Augusta, and we can all be proud of that. We have some members of the Board of Education and some of the staff people are here. If you would please stand, we want to recognize you, too. Barbara Padgett over here, and Mary Oglesby, the Board President, and Dr. Larke and Mr. Stein and Mr. Sullivan from the staff. Good to have you with us today. Thank you so much for being with us. Andy, you're doing a lot of traveling right now and we don't see much of you around here. The kids sure don't. You've been traveling as the State Teacher of the Year and as the National Teacher of the Year. We want to present you with a key to the City of Augusta because we want you to remember that this is home and we'll all be glad to have you back here. There's always a place for you in Augusta. Thank you. Thank you very much. This honor is MR. BAUMGARTNER: indeed an honor, and it's one of many for me this year; and, therefore, I have an extreme responsibility to speak on behalf of the other teachers whom I represent. We in the teaching field are working very hard to give the best education possible to the children of our communities, and what we need most desperately is the support of all the other members of that community, and what we need are pats on the backs and thank yous, and we need to see your faces in our schools, and we need to see you pledge your allegiance to helping us in the only organization in the entire world that pledges itself to the betterment of all children. We need you, your children need us, we need to work together. Thank you very much. [A ROUND OF APPLAUSE IS GIVEN.] Madame Clerk, if you will proceed with the MAYOR YOUNG: Page 3 order of the day. CLERK:Yes, sir. Mr. Mayor, we have a request for addendum. Per our addendum agenda, Item 1 is to approve a contract with the Georgia Department of Transportation for sewer line relocation, Wheeless Road at Rocky Creek; and, 2, to discuss Bush Field/LPA contract. MR. BRIDGES:Move for approval. Second. MR. KUHLKE: Is there any objection? It's so ordered MAYOR YOUNG: these be added to the agenda. Yes, sir. Under our consent agenda, Items 1 CLERK: through 34. And for the benefit of any objectors to the Planning Items, I will read those requests, the petition and the location. If there any objectors, would you please signify by raising of your hand. PLANNING: 1. Z-99-47 - Request for concurrence with the decision of the Planning Commission to approve a petition from William F. Lesshafft, on behalf of Georgia-Carolina Council, Boy Scouts of America, requesting a Special Exception to establish a telecommunication facility per Section 28A of the Comprehensive Zoning Ordinance for Augusta-Richmond County, on property located on the northwest right-of-way line of Crenshaw Road (private), 2,420 feet, more or less, southwest of the southwest corner of the intersection of Brown Road and Crenshaw Road. 2. Z-99-48 - Request for concurrence with the decision of the Planning Commission to approve a petition from Johnson Laschober & Associates, on behalf of Our Redeemer Lutheran Church, requesting a Special Exception to expand an existing church (including pre-school/day care facilities) as provided for in Section 26-1, Subparagraph (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County, on property located on the southwest corner of the intersection of Boy Scout Road and Aumond Road (402 Aumond Road). 3. Z-99-49 - Request for concurrence with the decision of the Planning Commission to approve a petition from Betty Saxon requesting a Special Exception for the purpose of establishing a family personal care home as provided for in Section 26-1, Subparagraph (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County, on property located on the northwest right-of-way line of Carr Street, 150.0 feet southwest of the southwest corner of the intersection of Telfair Street and Carr Street (511 Carr Street). 4. Z-99-50 - Request for concurrence with the decision Page 4 of the Planning Commission to approve a petition from Cheatham, Fletcher, Scott & Sears Architect, on behalf of Westminster Schools of Augusta, requesting a Special Exception for the purpose of expanding an existing private school as provided for in Section 26-1, Subparagraph (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County, on property located on the north right-of-way line of Wheeler Road, 150.7 feet east of the northeast corner of the intersection of Hillwood Circle and Wheeler Road (3067 Wheeler Road). 5. Z-99-51 - Request for concurrence with the decision of the Planning Commission to approve a petition from Noel Schweers, on behalf of the Trustees of the Nixon Trust, requesting a change of zoning from Zone A (Agriculture) to Zone LI (Light Industry) on property located on the southwest right-of-way of the Central of Georgia Railroad, 1.700 feet south of the southwest corner of the intersection of Tobacco Road and the Central of Georgia Railroad line. 6. Z-99-52 - Request for concurrence with the decision of the Planning Commission to approve a petition from Noel Schweers, on behalf of G. Bryan Simkins, et al., requesting a change of zoning from Zone A (Agriculture) to Zone LI (Light Industry) on property located on a Bearing S 7606'40" W and being 290.26 feet west of the southwest right-of-way of the Central of Georgia Railroad line, and also being 642 feet, more or less, south of the southwest corner of the intersection of Tobacco Road and the Central of Georgia Railroad line. 7. Z-99-54 - Request for concurrence with the decision of the Planning Commission to approve a petition from Sylvia Robinson and Joyce Mayes requesting a Special Exception to establish a private tutorial center as provided for in Section 26-1, Subparagraph (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County, on property located on the northeast right-of-way line of Telfair Street, 260 feet, more or less, west of the northwest corner of the intersection of Second Street and Telfair Street (223 Telfair Street). 8. S-549-II - CHARLESTOWNE SUBDIVISION - SECTION II - FINAL PLAT - Request for concurrence with the decision of the Planning Commission to approve a petition from James G. Swift & Associates, on behalf of Charles Brigham, requesting Final Plat approval of Charlestowne, Section II. This section is an extension of Charlestowne Way and Charlestowne Drive, adjacent to Charlestowne, Section I, and contains 22 units. FINANCE: 9. Pulled from consent agenda. 10. Motion to authorize the Mayor to execute contract with the Department of Community Affairs subject to approval of Legal Counsel and the Administrator for the attached sub- recipients grant awards. Page 5 ADMINISTRATIVE SERVICES: 11. Motion to approve 1999 Tower Leases for the 60, 200, and 220-foot levels through June 30, 1999 and for the 350-foot level through December 31, 1999. 12. Pulled from consent agenda. ENGINEERING SERVICES: 13. Motion to approve Fiber Capacity and Pole Attachment Sharing Agreement between Augusta and Knology of Augusta, Inc. 14. Motion to approve payment to Bert Hester in the amount of $640.50 for seven sewer tie-ins. 15. Motion to approve petitions for the installation and maintenance of street lights in various locations. 16. Motion to authorize execution of Lighting Agreement with Georgia Department of Transportation for the intersection of Tobacco Road and U.S. #1. The estimated annual cost of $20,600.00 to cover operations and maintenance will be funded from Street Light Account 101041610/54.14510. 17. Motion to approve Ordinances and related documents concerning Development Documents #1 through #16, excluding Development Documents #3, #7, & #14. (Approved by Engineering Services Committee May 10, 1999 - first reading.) Document #1: Development Regulations Guide. Document #2: An Ordinance to amend the Comprehensive Zoning Ordinance adopted by ARC Commission effective September 16, 1991 (Ordinance No. 5960) by changing the provisions of Section 4- 1(f) related to curb cuts. Document #4: An Ordinance to amend Title 8 of the ARC Code so as to amend Chapter 8 entitled "Site Plan Regulations" to incorporate the Site Plan Regulations adopted on June 1, 1999. Document #5: Stormwater Management Ordinance. Document #6: Stormwater Management Plan Technical Manual. Document #10: An Ordinance to amend the ARC Code, Title 7, Article 5, to make editorial changes and to amend Section 7-3-35 to require compliance with the Site Plan Regulations and to require best management practices be implemented; to restate said article. Document #11: An Ordinance to amend ARC Code, Title 7, Article 6, so as to restate said article regulating the issuance of a grading permit in its entirety. Document #15: Rights of Way Encroachment Guide- lines. Document #16: Use of County Right-of-Way Ordi- nance. 18. Motion to approve easement from Randall G. Salzman, Tax Map 19-2, Parcel 167. Page 6 19. Motion to approve Georgia Department of Transportation County Contract #PRLOP 8530-60(245) for their participation in the Hephzibah-McBean/Brothersville Road Improvements Project in the amount of $139,877.82. Also approve Capital Project Budget Amendment Number One (CPB #321- 04-288821804) in the amount of $165,000 to be funded from One Percent Sales Tax, Phase I Recapture (321-04-288821333). 20. Motion to approve Georgia Department of Transportation County Contract #PRLOP 8530-60(245) for their participation in the SR56 @ Old Waynesboro Road Improvements Project in the amount of $91,062.09. Also grant permission to let to bidding and approve Capital Project Budget Amendment Number Two (CPB #322-04-292822783) in the amount of $120,000 to be funded from One Percent Sales Tax, Phase II Recapture (322-04-292822333). PUBLIC SAFETY: 21. Motion to approve Information Technology Policies and Procedures Manuals. 22. Motion to approve the purchase of QBIC III Systems Work Order Software to automate the recording, assignment of resources, and accountability involved in processing work orders and inventory usage at Purchasing, Public Works, Utilities, and Bush Field Airport. 23. Motion to approve Emergency and Disaster Mutual Aid Agreement between Augusta-Richmond County and Georgia Emergency Management Agency Area Three. 24. Motion to approve request for Juvenile Account- ability Incentive Block Grant (JAIBG) Application for Richmond County Juvenile Court and approve match of $3,356 from General Fund Contingency. PUBLIC SERVICES: 25. Motion to accept grant in the amount of $135,000.00 for a project to rehabilitate and relocate Runway 11/29 runway lights. 26. Motion to approve a request by Anderson B. Jones for a retail package beer & wine license to be used in connection with sprint Food Stores, Inc. #12 located at 2840 Cross Creek Road. District 4, Super District 9 27. Motion to approve a change order to the contract awarded to Two State Construction Company, Inc. in the amount of $151,741.00 for additional work associated with the construction of the Augusta Aquatics Center. Funded by Account #323061110-296063600. 28. Motion to approve Change Order #2 for a change in professional services contract awarded to Virgo Gambill Architects in the amount of $13,600.00 for additional design work associated with the construction of the Augusta Aquatics Center. Funded by Account #323061110-5413130/296063600- 5212112. 29. Motion to approve and award bid item #99-065 to Page 7 H.E. Hodge Company for telescopic bleachers in the amount of $22,346.00 for the McDuffie Woods Community Center. Funded by Account #323061110-5413120-299064070-5413120. 30. Motion to approve a change in Professional Services Contract to Johnson, Laschober & Associates in the amount of $1,166.00 regarding the May Park Improvements Project. Funded by Account #323061110-5412110/296063310-54212115. 31. Motion to approve Change Order #2 for park improvements and renovations for May Park to Allen Batchelor Construction in the amount of $22,398.02. Funded by Account #323061110-5412110/296063310-5412110. PETITIONS & COMMUNICATIONS: 32. Motion to approve minutes of the regular meeting of the Commission held May 4, 1999. APPOINTMENTS: 33. Appoint Mr. James Rouse to Housing & Neighborhood Citizen Advisory Council due to the resignation of Mr. George Cunningham, representing District 2. 34. Appoint Ms. Leechonna Gillis to the Housing & Neighborhood Citizen Advisory Council representing District 4. [NO OBJECTORS NOTED FOR PLANNING ITEMS.] For the record, Mr. Mayor, I am a member of MR. OLIVER: the church in Item Number 2. MR. HANDY:Move for approval. Mr. Mayor, I'd like for Item Number 12 to MR. KUHLKE: be pulled for clarification, please. Mr. Mayor, I'd like for Item Number 9 to MR. SHEPARD: be pulled, please. For the record, the Mayor is a member of MAYOR YOUNG: the Board of Directors for the Boy Scout Council, with respect to Item Number 1. Does anybody else want an item pulled? Mr. Bridges [sic] made a motion we approve the consent agenda. Do you want to approve it as amended, pulling these items? Second, Mr. Mayor. MR. SHEPARD: Okay. We have a motion and a second on MAYOR YOUNG: the floor. Any discussion? All in favor, please vote aye. MOTION CARRIES 10-0. CLERK:Item 9: Motion to approve budget schedule for year 2000 Budget and direct staff to prepare two-year budget. Page 8 MR. SHEPARD:Mr. Mayor, I make a motion that we approve the operating budget--well, not the operating budget, but the budget schedule for the year 2000. I'd also ask that as part of this process, that the department heads be directed to prepare a similar operating budget implementing the management study savings so that when we look at the budget we'll have the option of choosing those savings, modifying them, or rejecting them. We can deal with it in that fashion. I'm not suggesting we adopt the study today, just that we have some parameters to look at both in terms of the current needs of the departments and the needs with the study features implemented. I second the motion. MR. KUHLKE: Motion and a second. Any discussion on MAYOR YOUNG: that? All in favor of the motion, please vote aye. MOTION CARRIES 10-0. Thank you, Mr. Shepard. The motion passes MAYOR YOUNG: unanimously, and the Chair concurs with your settlement on that item. CLERK:Item 12: Motion to approve the reprogramming of $250,000 of UDAG funding from the Laney Walker Development Corporation to the CSRA Business League and authorize execution of contract subject to the approval of Attorney and Administrator. MR. KUHLKE:Mr. Mayor, I asked to pull this for a clarification. When this matter was originally approved to Laney Walker, it was approved with the idea to utilize these funds to buy additional property for Phase II of the Galleria. And I would like to ask that this be amended from the way it's worded to specifically require that these funds be utilized for that purpose, and I'll put that in the form of a motion. So your motion is to approve the-- MAYOR YOUNG: To approve the transfer, that the money be MR. KUHLKE: used for what it was originally intended for, and that is the basis of doing that. Phase II of the Galleria. MAYOR YOUNG: Yes,sir. MR. KUHLKE: Second. MR. SHEPARD: Page 9 Motion and a second. Any discussion on MAYOR YOUNG: that? I just want to make sure that we are not MR. BEARD: tying the hands of these people. As long as it's used for what it was intended for and the original purpose, then that's fine with me. And the original purpose was to construct the second phase of the Galleria. Exactly, and that's all I'm asking. MR. KUHLKE: What the minutes said from that meeting was MR. OLIVER: provide $250,000 of UDAG funds to the Laney Walker Development Corporation to fund acquisition and demolition of property for Phase II of the Galleria, with private funding to be used for development of the property, is the exact wording from the transcript. Any other questions? We have a motion and MAYOR YOUNG: a second. All in favor, please vote aye. MOTION CARRIES 10-0. CLERK:Item 35: Request for concurrence with the decision of the Planning Commission to deny a petition from Atkins & Associates, on behalf of Augusta, Inc., requesting a change of zoning from Zone B-2 (General Business with Conditions) to Zone R-3B (Multiple-family Residence) on property located on the south right-of-way line of Beaver Drive, 135 feet, more or less, east of a point where the centerline of Cobana Court Extended intersects the south right-of-way line of Beaver Drive. MR. BRIDGES:Move for approval and agreement with the Planning and Zoning denial. Second. MR. J. BRIGHAM: We have a motion and a second on the MAYOR YOUNG: floor. Are the petitioners here? Do we have objectors here? [TWO OBJECTORS PRESENT.] Okay, we have objectors. Are the MAYOR YOUNG: petitioners here? Mr. Patty, would you like to speak to this? The petitioner apparently is not present. MR. PATTY: It was a fairly high-density development [inaudible] in front of these people's residential area, and we recommended denial. Page 10 Would one of the objectors like to tell us MAYOR YOUNG: in 25 words or less, or whatever your need to tell us why you support denying this petition? My name is Alisha Colahan, I reside at MS. COLAHAN: 3272 Beaver Drive. I would submit for the records and for future reference if anything comes up again a petition signed by 99% of the residents of Beaver Drive and Cobana Court requesting that--it was signed originally when it went before the Planning Committee, requesting that it be denied. We are a quiet, mixed neighborhood, from young to old, and we would like for the Commission to maintain the protection that they put in place when this was zoned commercial to keep any extra traffic off of our dead-end street. Do you want to add anything to that, or MAYOR YOUNG: that pretty much sums it up? I'm Gene Griner, 3380 Beaver Drive, MR. GRINER: Augusta, Georgia. I own the property right beside where this went in. No, we did not object when the motel wanted to come in because that was all basically Wrightsboro Road and did not affect the integrity of our community at all. This will affect the integrity of our community. And I'll have right next to my house, just a tad over an acre, 15 some kind of little dwellings with two car lots each, and I just really think that would affect--that would really destroy the integrity of our neighborhood. It would put too much traffic out on us. We don't object to them building one house maybe or two houses, but not 15. We don't need that on our street. And one of the major points that the guy brought up before was this was going to leave a land-locked piece of property. It does not because it all was zoned to go into the motel and it's all zoned to go out on Wrightsboro Road, not to Beaver Drive. Mr. Mayor, I would like the record to MR. SHEPARD: indicate that the objectors communicated to me that the petitioners previously had a zoning matter conditionally done, and the conditions of that previous rezoning have been violated and ignored, and I think that should bear in our decision today. Thank you for pointing that out. MAYOR YOUNG: Could I address that, Mr. Mayor, just MR. GARDNER: briefly? I'm Bob Gardner, 1422 Springfield Circle. My grandchildren live on Beaver Drive and I own property there. In regard to what Mr. Shepard said, just to reinforce that, in September of 1990 when this property was originally rezoned after negotiations between the petitioner and the residents, Page 11 the petitioners agreed after negotiations, as I said, to establish a 10-foot buffer zone with an 8-foot wooden fence sealing off that property 10 feet back from Beaver Drive and 200 feet back on either side, left to right, and those conditions have been observed in the breach. Nothing has been done since that time. We're not here to ask them to enforce it, but I just wanted to bring up the fact that they have ignored the directive from the Commission to do what they were asked to do as a result of the negotiations. That's all I have to say unless you have a question of me. Any questions from the Commissioners? Any MAYOR YOUNG: discussion among the members? I see Mr. Beard is all ready to vote, so we have a motion on the floor and a second. All in favor, please--this is a motion to deny the petition. So all in favor of that, please vote aye. MOTION CARRIES 10-0. CLERK:Item 36: ZA-R-104 - Request for concurrence with the decision of the Planning Commission to approve an amendment to amend the text of the Comprehensive Zoning Ordinance for Augusta-Richmond County, Section 4(1)(f) related to driveway. You've actually already voted on this MR. PATTY: because it's Development Document #2, and it's in here twice, but this is just typed up on the commercial driveways-- distance between commercial driveways. MR. SHEPARD:Move for approval, Mr. Mayor. Second. MR. BRIDGES: Motion and a second. Any discussion? All MAYOR YOUNG: in favor, please vote aye. MOTION CARRIES 10-0. CLERK:Item 37: ZA-R-105 - Request for concurrence with the decision of Planning Commission to approve an amendment to the Site Plan Regulations for Augusta in their entirety pursuant to the activity of the Subdivision Regulation Review Committee, a group consisting of Augusta- Richmond County Department, local consulting engineers, and the development community. This actually, unfortunately, you've already MR. PATTY: voted on, too. This is Document #4, I believe, in the Development Documents. It regulates the development of commercial industrial land. Page 12 Mr. Patty, this doesn't have anything to MR. BRIDGES: do with the-- No, sir. MR. BRIDGES: Okay. MR. BRIDGES: [inaudible] asphalt or concrete. MAYOR YOUNG: MR. SHEPARD:I move for approval, Mr. Mayor. Second. MR. KUHLKE: Motion and a second. Any discussion? MAYOR YOUNG: Yes, Mr. Mayor. I'm in favor of the motion, MR. MAYS: I just wanted to ask Mr. Patty this and then maybe make a suggestion after I find out what his answer is. How many folk will that consist of basically, George? You mean the committee? Fifteen, ten or MR. PATTY: fifteen. And my reason for asking, Mr. Mayor, I know MR. MAYS: on the state level with a lot of committees and boards where you have professionals representing a basic concern, and I think they've done a good job with it, but I'm looking here at some of these that are coming up lately and I think that's where the input should come is from those professionals. But I'm looking at what I think could be a place in there to make sure that you've got lay people represented on those boards. I think if you're dealing with the development community and with our folk, the engineering group, and I think they give it professional advice, but I think you do have a strong body, particularly of neighborhood association people, and I think maybe we need to at least include representation of a person from that group so that they can report back to those established neighborhoods on those concerns. And I don't think that alters the makeup of those boards by giving a lay representative in those areas, and I think this one would be a start of doing it, and I'd like to ask the maker of that motion if maybe you could amend that so that somebody could represent that group as well. Because we've seen a lot of jostling lately in reference to what Mr. Williams was saying with the other issue, and absent in those groups has basically been the average, everyday person. And we say we are--we're talking about those who maybe have to buy homes do thus and so, but I think it's--no knock on the professional people, but I think it does give another avenue of representation and so that your lay people can have some voice in it. That's just a Page 13 suggestion. Thank you, Mr. Mays. It's a point well MAYOR YOUNG: taken. We have a motion on the floor and a second. Mr. Handy and Mr. Colclough have already voted. If the rest of you would like to vote aye, please go ahead. MOTION CARRIES 10-0. Do they have a problem with that, the maker MR. MAYS: of that motion? Did you accept that, Mr. Shepard? CLERK: I do not. MR. SHEPARD: Well, then so add it. MR. MAYS: He said he didn't accept that. CLERK: This meeting is just speeding along at the MAYOR YOUNG: speed of light today, Mr. Mays. You travel that fast, usually something MR. MAYS: [inaudible]. They're trying to get out of here to see MAYOR YOUNG: Star Wars at midnight tonight. Next item? CLERK:Item 38: Z-99-32 - Request for concurrence with the decision of the Planning Commission to approve a petition from Dennis Boydstun, on behalf of Dennis & Elise Boydstun, requesting a Special Exception for the purpose of establishing a family day care home as provided for in Section 26-1, Subparagraph (f) of the Comprehensive Zoning Ordinance for Augusta-Richmond County, on property located on the southwest right-of-way line of Merrico Street, 283.54 feet northwest of a point where the northwest right-of-way line of Sterling Road intersects the southwest right-of-way line of Merrico Street (805 Merrico Street). Do we have any objectors to this here MAYOR YOUNG: today? [ONE OBJECTOR PRESENT.] The petitioner is here? MAYOR YOUNG: Yes. MR. BOYDSTUN: All right. Is there any new information-- MAYOR YOUNG: Page 14 would you state your name and your address, and then is there any new information you'd like to present to the Commission today before I take this up twice? No, I wasn't here for the first one. MR. BOYDSTUN: We're just going to keep the kids next door and we just wanted to get it zoned so we could get a business license and pay taxes and everything. Okay. We have an objector. Do you want MAYOR YOUNG: to come up, state your name and your address, and tell us what you have to say about this. I'm Bill Summerall, I live at 807 MR. SUMMERALL: Merrico next to Dennis and Elise. I find myself extremely uncomfortable being opposite Dennis here today because Dennis and his wife are extremely good neighbors and a very fine young couple with a one-year-old daughter that I really cherish and adore. But my problem is--and I have spoken before Planning and Zoning meetings about rezoning issues such as this in our neighborhood. I've lived in my residence for 21 years. The people across the street from me have been there--were there when I moved in, as were their neighbor. The guy directly across from 805 has been in his home probably 15 years or so. We are pretty much a solid, established neighborhood of people who bought houses and turned them into homes to raise their families. We have all the social amenities, if you will, that go with a residential neighborhood. And while I applaud Dennis and his wife for their entrepreneurship and certainly do not want to put that down, I do question doing it in the middle of a residential neighborhood. I think that to allow commerce to begin to invade a residential neighborhood soon destroys the neighborhood. We already have--we have many children who play in our streets, we have school buses up and down the street, we have a very business neighborhood with people going in and out to work. I hate to see a precedence set by this action. And the reason I say that is it came to my attention just this past weekend that the neighbor on my other side, at 809, is also contemplating a request for the same type of facility that Dennis and his wife are asking for. If that were the case, I would be sandwiched between two businesses. And while I hate to bring up property values because we've all heard that hum- drum issue time after time after time, it would certainly have an effect on my potential sale of my property should I in the future decide to sell it, and I ask you today to vote no against this petition. Thank you. Do the Commissioners have any questions MAYOR YOUNG: for the petitioner? Any discussion? Page 15 Mr. Mayor, let me ask the petitioner, do I MR. SHEPARD: understand you're taking in children in your neighborhood and you need this permit--I mean you're taking your neighborhood children? Tell me more about your application, Mr. Boydstun. Okay. Actually, the plan is to babysit MR. BOYDSTUN: the kids that are directly next door. There's three of them. They're going to be coming over to our house for the summer while the mother is at work. She's a mother of five and she's by herself, and--well, I mean we're not doing it out of the kindness of our heart. We're trying to make some money so my wife can stay home and take care of our child at home, but the plan is to take those kids next door. So we're not going to be having all kind of traffic coming in the neighborhood, they're going to be walking across the yard to our house. But because it's an entrepreneurial thing MR. SHEPARD: you have to have this license; is that-- Well, we wanted to go ahead and go MR. BOYDSTUN: through the proper channels, become licensed and get the business license and everything like that to do this, and the first step in that would be to get zoned for this. And if you were so licensed you could have MR. SHEPARD: other children in the future, I take it? Possibly. MR. BOYDSTUN: Mr. Patty, could you tell the Commission MAYOR YOUNG: what kind of activity is involved with this special exception, what activity could go on? There are a variety of land uses that we MR. PATTY: allow by special exception in neighborhoods, and I know you all have mixed feelings about that. But there are two things I think you need to know. One is those land uses, and I'm talking about personal care homes and day care homes, things of that nature, there is a 1,200 foot spacing requirement from any of those to any other similar use, so there is some building protection in this and it does prevent saturation of a specific area with these type uses. We allow day care centers to have less than six children by special exception. Any more than that, they have to have B-1 zoning in a full- blown day care center. Now, you know, obviously at some point babysitting becomes a day care center and, frankly, at this point in time I don't know where that line is drawn. But this gentleman's problem is that he wants to have a business license so that he can declare his expenses and income on his taxes. In order to do that he's got to have a tax number. In Page 16 order to get a tax number he's got to have a business license, so I assume that's why he's down here. Any comments or questions from the MAYOR YOUNG: Commission? Something in that didn't sound right to MR. J. BRIGHAM: me about the tax number and the business license. I don't think that's a requirement from the IRS to have a business license and have business expenses to run a little business. I know also that we have all kind of exceptions now. Is there any exception as to the number [inaudible] is this a requirement of our zoning laws, is this a requirement to get a business license? There's nothing in our zoning ordinance that MR. PATTY: says how many--at what point you have to have the zoning and have to have a business license to do it, but we do provide up to six by special exception. Now, I'm not an accountant, I don't know, but I can tell you I've had [inaudible]say that they can't get a tax ID number without a business license, and I assume that that's why he's here. I was told at the business license office MR. BOYDSTUN: that I had to have it zoned for this before I could get the business license. I think Commissioner Brigham's question MAYOR YOUNG: was whether you needed to have a business license to get an IRS employer ID number. That was his question. Any other discussion? MR. BRIDGES:Mr. Mayor, I'll make a motion--I would be concerned about the integrity of the neighborhood here, so I'll make a motion to deny the petition. I'll second the motion. MR. J. BRIGHAM: We have a motion to deny, it was seconded. MAYOR YOUNG: Any further discussion? All in favor of the motion, please vote aye. MR. HANDY, MR. MAYS & MR. POWELL VOTE NO. MR. BEARD & MR. H. BRIGHAM ABSTAIN. MOTION FAILS 5-3-2. Did we have a substitute motion? MR. J. BRIGHAM: I didn't hear a substitute motion. It was MAYOR YOUNG: a motion to deny and the motion did not carry. Page 17 Call for the order of the day, Mr. Mayor. MR. BRIDGES: Order of the day, Madame Clerk. MAYOR YOUNG: CLERK:Item 39: Motion to approve Service Delivery Agreements, subject to approval of Attorney and Administrator, and authorize execution of documents necessary to ensure timely filing. House Bill 489 requires us to work with the MR. OLIVER: cities of Hephzibah and Blythe in regard to a unified service delivery strategy. We've been having several meetings that the Mayor, the Attorney, myself, and various representatives of staff have been involved in to do this, and I guess the two specific areas that have had the most discussion--and we're still in the process of updating the maps. I got a final map yesterday on water and sewer service areas. And these documents are supposed to be in Atlanta by June the 1st so they can review them and get any comments they have back, and the City of Blythe of Hephzibah are going to be asked to take corresponding action on their behalf. And everyone is in agreement on the issues MAYOR YOUNG: we've discussed. At the last meeting, yes. MR. OLIVER: MR. POWELL:Move for approval. Second. MR. BRIDGES: Motion and second. Any discussion? MAYOR YOUNG: Mr. Mayor, isn't there a fall deadline to MR. SHEPARD: have all this finished or is it--there's been some discussion-- They had asked that it be June the 1st. MR. OLIVER: There's a provision for a potential extension put in there, but we think we can get everything done within the time frames provided. But they had asked that they be in there by June 1st to give them some time to review them in case there are deficiencies, they can ask for corrections to be made. I think the actual deadline is, what, June the 30th, Jim? [Indicates affirmatively.] MR. WALL: Is June the 30th. But this will give them MR. OLIVER: some time, because they're going to be getting these from a lot of different jurisdictions. Page 18 Anybody else? We have a motion and a MAYOR YOUNG: second. All in favor, please vote aye. MOTION CARRIES 10-0. CLERK:Item 40: Motion to approve lease agreement for construction of Georgia Golf Hall of Fame. The Golf Hall of Fame has been discussing for MR. WALL: some time an agreement with the county to allow them to do certain things on the levee. Primarily that's the location of a fence. They also plan to put a self-contained waterfall along the levee and also to do some landscaping. And this would be a--what we are proposing is a 20-year lease agreement at one dollar, which would give them the right to come in and to put that landscaping and other fence, et cetera, in there. Mr. Wall, they will also need permission MAYOR YOUNG: from the Corps to do that; is that right? Yes, sir. And all that is part of the lease MR. WALL: agreement, subject to the Corps of Engineers' approval. Jim, in reading through it I saw on the MR. KUHLKE: first item where you had in there subject to approval of the Corps. I didn't see it on the second--on the waterfall. Did I miss something? Yes, sir. It is in there--it's in the lease MR. WALL: agreement, I mean, until written approval of the Army Corps of Engineers is obtained. So it was just in the description in the agenda item perhaps. Mr. Mayor, let me ask the Attorney and the MR. SHEPARD: Administrator, will the levee behind the Golf Hall of Fame site be closed to public access by this fencing? No. MR. WALL: You will still be able to--as a jogger, MR. SHEPARD: Mr. Mayor, I want to know if I'm going to have to alter my-- Just jump the fence. MR. BEARD: Mr. Beard, too, he's a jogger down there. MR. SHEPARD: Well, I jump the fence in other places, Mr. Beard. We won't go there. But will the public still have access to the levee? Absolutely, and that's part of the agreement. MR. WALL: It's placed near the top of the levee, not at the top of the levee, and it would not shut off access along the top. Page 19 You could become a hurdler instead of a MR. OLIVER: runner. Well, when Mr. Beard shows me how, then MR. SHEPARD: I'll consider that. Mr. Wall, could you explain to me about MR. POWELL: this waterfall and what's going to occur on the levee exactly? Well, this is a simulated waterfall MR. WALL: attraction on the slope of the Savannah River levee. And, again, there would not be--I can't say there won't be any digging into the levee, but I mean basically this is to provide the backdrop for the Golf Hall of Fame and will be a part of that garden, but will not--obviously the Corps of Engineers is concerned about the structural integrity of that levee, we're obviously concerned about the structural integrity of that, and so all those safeguards are in place. It's just a water feature, it's not MR. OLIVER: actually going to breach the levee. That was my question, is it going to MR. POWELL: penetrate the levee. No. MR. WALL: We'll name it Powell Falls. MAYOR YOUNG: Jim, could you explain to me how you come MR. HANDY: about how much you charge for the years--I mean how many years you give and the amount of money. That one dollar and 20 years, how you come up with those terms? Well, the Golf Hall of Fame is now--well, is MR. WALL: currently an agency of the state, and the 20-year term is sort of a term--I mean obviously there was some discussion at one point about 50 years. But I mean they're making an investment there. I don't think that we want to go out that far. A 20- year term seemed a reasonable period of time to allow them to do it. Again, with it being another governmental agency, it was nominal consideration. One dollar? MR. HANDY: One dollar. MR. WALL: Well, aren't they a private, nonprofit MAYOR YOUNG: corporation now? Page 20 No, sir, right now they're an agency. MR. WALL: There's also been legislation to make them an authority, but they have not had the organizational meeting to actually become an authority. One of the things that I'm discussing with the Attorney General's Office is the possibility of having this executed by them in their capacity as an authority rather than as a state agency, but at this point they are a state agency. MR. BEARD:I move for approval. Second. MR. BRIDGES: Mr. Mayor, if we wanted to expand the MR. J. BRIGHAM: Riverwalk, this won't in any way stop that? No, because it does not deal with the top of MR. WALL: the levee. This will not affect the river side. The MAYOR YOUNG: question has been called. All in favor, please vote aye. MR. POWELL ABSTAINS. MOTION CARRIES 9-1. CLERK:Item 41: Reappoint John C. Bell to the Richmond County Board of Health for a four-year term. MR. SHEPARD:So move. Second. MR. BEARD: Motion and a second. Any other nomina- MAYOR YOUNG: tions? All in favor, please-- Mr. Mayor, I just wanted to make sure that MR. MAYS: she recorded my abstention, but I did want it put in the record that I think Mr. Bell has served as a very good president, and because of conflict I'll have to abstain on it, but I think he's a very good nomination. Voting may resume. MAYOR YOUNG: MR. MAYS ABSTAINS. MOTION CARRIES 9-1. CLERK:Item 42: Appoint Ms. Susan Sammons to the Community Service Board for a two-year term as recommended by the Richmond County Board of Health. And for the Commission's information, she will be replacing Richard Slaby. Page 21 MR. BEARD:So move. Second. MR. SHEPARD: Motion and a second. All in favor, please MAYOR YOUNG: vote aye. MOTION CARRIES 10-0. CLERK:Item 43: Discuss clarification regarding Directors pay increases. Mr. Mayor, I had this placed on the agenda. I MR. MAYS: understand Mr. Wall's items are next under legal [inaudible] that I or we may need to get some advice on that particular one. I will yield in reference to go in there or we can deal with it here. And, Mr. Mayor, I would suggest that perhaps MR. WALL: we add that to the legal meeting, the personnel matter, to discuss certain aspects of that pay raise situation. MR. SHEPARD:I move we add it to the legal agenda and consider it after the legal meeting, Mr. Mayor. Second. MR. MAYS: We have a motion to add Item 43 to the MAYOR YOUNG: legal agenda. It's been seconded. All in favor, please vote aye. MOTION CARRIES 10-0. Do we want to do the addendum before you go in CLERK: legal? Yeah, let's do the addendum. MAYOR YOUNG: CLERK:Okay. Item 1: Approve Agreement with Georgia Department of Transportation to include water and sewer line relocation in its contract to replace the bridge on County Road 200/Wheeless Road at Rocky Creek. Authorize execution of attached contract and payment of $61,106.60 to Georgia DOT for the water line and sewer line work. (Funded by Account No. 5070043410-5425110/89900180-5425110) The DOT advised us within the last couple MR. OLIVER: of days that they are proposing to let the Wheeless Road contract on Friday; however, for them to let that contract, we need to get our utility relocation money to them to do that. And this agenda was scheduled to appear at the next committee Page 22 meeting; however, because of their schedule, it's in our best interest to go ahead and let them let that contract. It's $61,106.60 that we will pay them for the relocation of those utilities, and those amounts are funded, and we would ask for your approval. MR. POWELL:I move approval. Second. MR. SHEPARD: Motion and a second. Any discussion? MAYOR YOUNG: I've just got one question. Is DOT fast or MR. HANDY: are we slow? Mr. Murphy is here, I think he can answer MR. OLIVER: that better than I can. Mr. Murphy, is DOT fast or are we slow? MAYOR YOUNG: At putting in or taking? MR. MURPHY: For the record, Jack. MR. POWELL: What this is, this is a bridge replacement MR. MURPHY: project at Rocky Creek. I think you know what that is. Right, I know about that part. I'm talking MR. HANDY: about the rush on getting it done. The rush is that they want to let the MR. MURPHY: project in June, and I think probably it has something to do with using some money that they have. They're trying to beat their year-end. MR. OLIVER: Okay. I just wondered. I mean all of a MR. HANDY: sudden they come up here wanting it done today. I know they knew about this last year; right? That's true. Everything is falling into MR. MURPHY: place except our commitment and the check. They have a meeting Friday that will decide the projects that are to be advertised and opened in June. And Friday is the cutoff date for their committees to meet up there, but if they don't have the money this project will go on in July. Okay. I'm not objecting to it. I just MR. HANDY: wanted to know who was fast and slow, that's all. They had extra money at the state level and MR. OLIVER: Page 23 I think we're going to benefit from it if we can play our cards properly. Let the record show the answer to Mr. MAYOR YOUNG: Handy's question is yes. All right, do we have a motion? Yes, sir. CLERK: We have a motion and a second. All in MAYOR YOUNG: favor, please vote aye. MOTION CARRIES 10-0. CLERK:Item 2: Discuss Bush Field/LPA Contract. Mr. Mayor, if I may. Back in February you MR. WALL: approved work authorization number six with LPA for design development of the terminal renovations at Bush Field, but with no authorization for any phase until airline agreements are executed or a formal agreement is reached on any fund transfers and payment in lieu of taxes. This question has come up insofar as trying to come up with a work authorization that meets the grant requirements insofar as proceeding with the project. I have had a number of discussions back and forth, and what we--the agreements with the airlines--the agreements that we are currently working on are agreements that would carry us to June 30th, 2001, and those would not be the agreements that would be any sort of security or looked at in any proposed bond issue. Y'all authorized me to associate counsel to assist in the airline agreements as well as to assist insofar as the bond. That attorney did come down, I have met with him. He has met with the officials at Bush Field; he has met with Frank Newton, who is the financial consultant of Bush Field. And based upon the current method of issuing bonds and the current bond market in airline bonds, it is not the airline agreements that are looked at insofar as determining whether or not bond sales are feasible or practical; rather, it is the airline market of a particular area. In other words, will Augusta, whether it be Delta Airlines or some other airline, be serviced by some airline such that the passenger facility charges, such as the landing fees, will be sufficient to generate enough revenue to satisfy the bonded indebtedness. With that in mind, what I have been trying to do and what I think that we have succeeded, subject to your approval, is to have a work authorization that allows this project to go forward, but with a limited scope of work, such that in the event that we get into the bond feasibility study and it proves not to be feasible, or when that decision is brought back to you for ultimate approval you choose, for whatever reason, policy decision or because it's not needed or for Page 24 whatever reason choose not to proceed with it, that the county has not committed to a project or committed the funding beyond the FAA grant and for some long-term project. The current LPA work authorization is only for a 35% scope of work. In other words, it looks at the entire project that is being proposed and begins the process of looking at the elevations, doing the design work, et cetera. That scope of work is for a $592,000 architectural fee. You've got a grant of 680-something thousand dollars. Of course, 10% of the money has to come from us, so basically you're talking about $59,000 roughly of airport funds, not general funds, that would go toward this project. If the project were to die after that design work is done and either the funding does not come about or you choose not to continue with the project, then you have, in essence, gone to the 35% level, but have not committed anything beyond that. And that, I think, in my mind, satisfies the concerns that were expressed by several Commissioners about paying for something that might never be built. This will allow us to move forward, but not go so far that we have committed to something that funds are not available to build. And based upon that, I would ask for your approval to go ahead and execute the LPA work authorization and for the city to issue a notice to proceed with that scope of work. MR. KUHLKE:I so move, Mr. Mayor. Did they put a cap on the amount? MAYOR YOUNG: It's $544,575 for phase one, plus an MR. WALL: additional--not to exceed $50,000 for another portion of it. $594,575. And with 90% of that coming from MR. OLIVER: a grant, 10% of it would be coming out of Bush Field funds. My motion includes all of that. MR. KUHLKE: I'm going to second the motion. MR. POWELL: Mr. Kuhlke's motion includes all of that. MAYOR YOUNG: Would you go over one more time the funding MR. POWELL: sources? 90% of it will be coming from a federal MR. OLIVER: grant that we have already been awarded and 10% of it will be--or about $60,000 will be coming out of Bush Field funds. None of it will be coming out of general funds of a taxpayers' funded account. Mr. Wall, I had one question for you. MAYOR YOUNG: Page 25 Your characterization of these airline agreements and the payback on the bonds is not consistent with the representation made by the Airport Commission and the people from LPA when they did their presentation in here. Well, if you go back and read and understand MR. WALL: the agreements, they are accurate. I, with you, had a different impression when I heard the comments that were made, but the comments are accurate when you read the minutes. All right. MAYOR YOUNG: Now, who's fast and slow now? MR. HANDY: I think it's already past. MR. WALL: I don't know about fast and slow, but I'm MR. SHEPARD: not in the game, Mr. Handy. Mr. Powell has asked this question, but I'm going to ask it again. The grant monies that we're talking about, are these the enplanement fees that--use it or lose it, or is this--where is this coming from? This is a federal grant that we were MR. OLIVER: awarded. It's called an airport improvement grant. That doesn't come from the ticket MR. SHEPARD: revenues? No, sir. MR. OLIVER: But there are grants that come from the MR. SHEPARD: number of passengers enplaning at Bush Field, and those are collected by the federal--and returned to us? That's correct, and we've already been MR. OLIVER: awarded one of those grants. Now, they have applied for a passenger enplanement fee, and I don't know the status of that, but that's three dollars a ticket. Is this sort of a use it or lose it from MR. SHEPARD: the-- Yes. We have accepted the 680-something MR. WALL: thousand dollar grant, and that is a use it or lose it type deal. The three dollar passenger facility charge, we're in the process of making application, and that deadline comes up sometime in June or July when a final decision will be made, but there's been no opposition from the airlines to collecting that fee. It's that three-dollar fee plus a landing fee that will either be imposed pursuant to an agreement or the city Page 26 has the ultimate right to impose that fee beginning July 1, 2001, that would go toward retiring any bonded indebtedness. So it's a combination--I mean if we go forward and build the project, then it will be a combination of revenues: the landing fees and the passenger facility charges. But this money for the design is coming MR. SHEPARD: from the airport improvement grant? An airport improvement grant. MR. WALL: And 60,000 is coming from Bush Field, I MR. SHEPARD: take it? Correct. MR. WALL: From their monies--which are identified as MR. SHEPARD: their monies, but from public monies? Well, it came from enterprise funds, it did MR. OLIVER: not come from general property taxes. Let me ask Mr. Wall this because this is MR. KUHLKE: the way I understand it. The process that they're going through now is going to contribute to determine the feasibility--in other words, this 35% area that they're going in is going to give the Airport Commission a better handle on whether or not the bonded part will really work; right? The answer to that question is really no. I MR. WALL: mean it's allowing both processes to move along in parallel fashion at the same time. I understand that, but I'm talking about MR. KUHLKE: from a cost standpoint, part of this work is developing cost estimates to see if $50 million is the right figure or not? Right. I'm sorry, that's true, yes. In that MR. WALL: sense it is, yes. Any other questions or comments? All in MAYOR YOUNG: favor of the motion, please vote aye. MR. POWELL OUT. MOTION CARRIES 9-0. That's it, Mr. Mayor. CLERK:Legal session. For the items stated, including personnel. MR. WALL: MR. HANDY:So move. Page 27 Second. MR. SHEPARD: MR. POWELL OUT. MOTION CARRIES 9-0. [LEGAL MEETING, 3:00 - 3:40 P.M.] Do we have any items to add to the agenda MAYOR YOUNG: as a result of the legal meeting? Is there any other business to come before this Commission? MR. KUHLKE:Move we adjourn. Second. MR. H. BRIGHAM: All in favor, leave the room. MAYOR YOUNG: MOTION CARRIES 10-0. [MEETING ADJOURNED AT 3:40 P.M.] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta-Richmond County Commission held on May 18, 1999. Lena J. Bonner Clerk of Commission