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HomeMy WebLinkAbout08-03-1999 Regular Meeting Page 1 REGULAR MEETING COMMISSION CHAMBERS August 3, 1999 Augusta Richmond County Commission convened at 2:06 p.m., Tuesday, August 3, 1999, the Honorable Bob Young, Mayor, presiding. PRESENT: Hons. Beard, Bridges, H. Brigham, J. Brigham, Colclough, Handy, Kuhlke, Powell, and Shepard, members of Augusta Richmond County Commission. ABSENT: Hon. Mays, member 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 MARVIN McRAE. THE PLEDGE OF ALLEGIANCE WAS RECITED. MAYOR YOUNG: I'd like to introduce you to the new Miss Augusta for the year '99 and 2000, April Brooks. April, we're glad to have you with us and have you representing the City of Augusta for the next year. And if there's anything you'd like to say to the Commission while you're here today-- MS. BROOKS: I would. Thank you. I have a quote I'd like to open with from Heather Whitestone, who is Miss America 1995, and this quote explains what the pageant system is really about. "Being Miss Augusta is about more than beauty and personality and talent. The pageant rewards women who have the depth of character to be role models for others. Often character is expressed in platforms, much as a political candidate expresses a platform or an agenda, a theme, a series of values that can motivate people to reach their full potential." My platform for this year is entitled Literary Programs: Developing Skills for Life, and I would just like to let the Commission know what I plan to do in Augusta to promote this platform. First, I want to clarify a literary program is a program for high school students, it is not literacy. And I think literacy is good, but I want to clarify that point because a lot of people mix that up. I have a pamphlet that I want each of the Commissioners to have a copy of that I've written. It's not in pamphlet form, but I hope to publish it within this next year, but I want each of you to have a copy of it now to look over. This explains what the program is, the benefits of it, and how people can become involved. I want to distribute this pamphlet once I print it up to students, teachers, school boards, and political officials who can influence the education system in Augusta. I want to Page 2 speak at schools in the following counties: Columbia, Richmond, Lincoln, Jefferson, Burke, and McDuffie County. And I want to make sure that each of the schools in these counties has a literary program to give students the opportunity to develop these schools that lead to success in life that are listed in my pamphlet. I would like to have a literary conference in the Augusta area for the literary coordinators at these schools so we can talk about ways to expand and improve the programs at their schools. I want to recognize students who excel in these programs. Some of my ideas are: A lot of schools have announcements in the morning and afternoon, and they can just say the names of the students who have won awards or done well at competitions in the program. I would like some newspaper coverage of them, and I would like to have a literary banquet at the end of the year to honor them, much like an athletic or an academic banquet. These are just a few of my ideas for the coming year. And I want to emphasize that as Miss Augusta I am here to serve you, and if there is anything I can do to serve in the Augusta area, I hope that you'll call Lynn Mays and we'll see what we can set up. Thank you so much. (A ROUND OF APPLAUSE IS GIVEN) MAYOR YOUNG: Thank you. We will be well represented with Miss Augusta, and it's very encouraging to see how active you want to be in our community. Thank you very much for that. Before we begin the agenda, Madame Clerk, we have some visitors in the chambers. I have a visiting mayor from Russia up here with me to help maintain order. He'll get the big gavel today. Charlie, do we have someone who would like to-- or, Bob, would you come up here and introduce the visitors? SPEAKER: Well, I can't, unfortunately, do that. Because I don't speak Russian, as you know. But I would like to introduce the person who can introduce them. The Rotary District 692 is glad to have these folks visiting our area, and they'll be here for about a week or so. They're going to be in the Augusta area for two days visiting here, sponsored mostly by the Augusta and the West Augusta Rotary Clubs. I'd like at this time to introduce Ilya Pekora, who is going to introduce the delegation from Russia. (THE DELEGATION FROM RUSSIA IS INTRODUCED) (A ROUND OF APPLAUSE IS GIVEN) MAYOR YOUNG: Thank you very much. We're very glad to have you with us under the Library of Congress Russian Leadership Program, and we hope they learn a bit more about American democracy by watching this Commission in action, which will probably be off to a slow start until Mr. Mays gets Page 3 here. Madame Clerk, if you'll go ahead and proceed with the agenda, please. CLERK: Yes, sir. Mr. Mayor and members of the Commission, the first item will be a presentation: the Georgia Local Government Personnel Association "Large Agency Award." And for the record, Mr. Mayor and members of the Commission, Commissioners Mays and Shepard will be a little late today. They are being detained by their private businesses. MR. OLIVER: Mr. Mayor and Commission, I'm pleased to present to our Human Resources Department an award from the Georgia Local Government Personnel Association. It's the Large Agency Award. It's presented to us in recognition of outstanding contribution to the human resources profession, specifically dealing with trials and tribulations that we've had to deal with with equalizing salaries, with equalizing benefits, and things like that. We still have some things to do, but these professionals believe that we've handled them the best that we can, and I congratulate Mr. Etheridge and his staff on this accomplishment. (A ROUND OF APPLAUSE IS GIVEN) MR. ETHERIDGE: I would like to say one thing. I would like to recognize three people in particular that contributed a lot to helping receive this award, and that's Moses McCauley, Sandy Wright, and Gail Scott; and, of course, all the other employees that are in my area. They're really what made this happen. Thank you. (A ROUND OF APPLAUSE IS GIVEN) CLERK: Under our consent agenda, Items 1 through 24. FINANCE: 1. Motion to approve refund of 1996, 1997, and 1998 taxes in the amount of $1,214.44 to Melba Strickland for overpayment of taxes on Map 338, Parcel 75. ADMINISTRATIVE SERVICES 2. Motion to approve the petition for retirement on Jacqueline Murdock. 3. Motion to approve the petition for retirement on Richard W. Turner. ENGINEERING SERVICES 4. Motion to authorize condemnation of Parcels listed on Exhibit "A" hereto if negotiations are not successful by August 1, 1999. Page 4 5. Motion to approve award low bid to Blair Construction, Inc. who submitted a bid of $896,771.02 for the Bedford Heights Project. 6. Motion to approve Change Order Number One in the amount of $68,885.00 and Capital Project Budget Amendment Number Two for the Pedestrian Walkway and Handicap Access Ramp Project. 7. Motion to approve Resolution to abandon a portion of 2nd Avenue as a public street. 8. Motion to approve Resolution to abandon Westover Street as a public street. 9. Motion to approve a two-year Service Contract with Siemens Building Technologies-Landis Division for technical support in maintaining the pneumatic HVAC controls in the Municipal Building. 10. Motion to approve award of Annual Container Service for Augusta-Richmond County to Lewis Disposal. Bid Item #99-100. 11. Motion to approve final Change Order to Hardy Plumbing in the amount of $9,904.65 regarding the construction of the RCCI Sanitary Sewer Trunk Extension. Funding by account #508043420/5425210. 12. Motion to approve for change order in the amount of $53,333.51 to Beams Pavement Maintenance Company for additional work on the Old Waynesboro Road 12" Water Line Project. 13. Motion to approve change order to Cranston, Robertson & Whitehurst P.C. in the amount of $19,367.50 regarding the engineering of the 60" Raw Water Transmission Main. Funded by account #508043410/5212115. 14. Resolution authorizing readoption of Flood Insurance Rate Map (FIRM) 130158 0060-E revised to reflect a Letter of Map Revision (LOMR) dated May 18, 1999 and reissued June 18, 1999. (Based on the New Flood Insurance Rate Maps (FIRMs) issued March 23, 1999. 15. Motion to approve abandoning the present policy for landscape improvements and maintenance of subdivision entrances. PUBLIC SERVICES: 16. Motion to approve renewal of the 5311 Rural Transporta- tion Grant between the Georgia Department of Transportation and Augusta-Richmond County. 17. Motion to approve, in resolution form, support of the U.S. Senate's FY2000 Transportation Appropriations Bill. 18. Motion to approve a request by George Ferguson for consumption on premises liquor and beer license to be used in connection with Cuz's Place located at 1979 Tobacco Road. District 6, Super District 10 19. Motion to approve a request by Wen S. Zhou for consumption on premises beer and wine license to be used in connection with New Peking Restaurant located at 2737 Page 5 Washington Road. District 7, Super District 10. 20. Motion to approve the contracts for services rendered at Newman Tennis Center for Richard Hartfield, Manager, and Stephen Dorkin, Head Tennis Professional, effective date of Commission's approval. 21. Motion to approve a request by Mohammad S. Ghaya for a retail package beer and wine license to be used in connection with F&S Petroleum, Inc. located at 3224 Wrightsboro Road. District 5, Super District 9. 22. Motion to approve a request by Mohammad Ashfag for a retail package beer and wine license to be used in connection with Asna, Inc. located at 2700 Peach Orchard Road. District 2, Super District 9. PETITIONS AND COMMUNICATIONS: 23. Motion to approve minutes of the regular meeting of the Commission held July 20, 1999. APPOINTMENT: 24. Appoint Commissioner Bill Kuhlke as ex-officio member to the Augusta Arts Council. MR. KUHLKE: So move. MR. H. BRIGHAM: Second. MAYOR YOUNG: We have a motion and a second to approve our consent agenda. Are there any liquor licenses or zoning on here, Madame Clerk, we need to-- CLERK: Yes, sir. For the benefit of any objectors, we have one liquor request application: Request by George Ferguson for an on-premises consumption liquor and beer license to be used in connection with Cuz's Place located at 1979 Tobacco Road. A motion to approve an on-premises consumption beer and wine license to be used in connection with New Peking Restaurant located at 2737 Washington Road. Are there any objectors present regarding these applications? We have one other: One beer and wine license to be used in connection with Asna located at 2700 Peach Orchard Road. Are there any objectors to these license requests? (NO OBJECTORS PRESENT FOR ALCOHOL LICENSES) MR. POWELL: Mr. Chairman, I move for approval. MAYOR YOUNG: We already have a motion to approve and a second, Mr. Powell. Any discussion on the consent agenda? SPEAKER: There's another one. MAYOR YOUNG: We missed one? Page 6 CLERK: Item 21 is a request for a beer and wine license to be used in connection with F&S Petroleum, Hess Service Station located at 3224 Wrightsboro Road. MAYOR YOUNG: Any objectors for any of the liquor license applications or beer and wine applications? (NO OBJECTORS PRESENT FOR ALCOHOL LICENSES) MAYOR YOUNG: None are noted. Any discussion on the consent agenda? All in favor of the consent agenda, please vote aye. MR. KUHLKE: Mr. Mayor, I'm going to vote aye, but I abstain on Item Number 24. MR. KUHLKE ABSTAINS ON ITEM 24. MOTION CARRIES 8-1, ITEM 24. MOTION CARRIES 9-0, ITEMS 1-23. MAYOR YOUNG: Madame Clerk, we'll come back to Item 25 when Mr. Mays is present, and we'll move ahead through the rest of the agenda. CLERK: Item 26: Consider approval of Resolution to the Augusta Canal Authority supporting the purchase of approximately 55 acres of Brandenburg Property between I-20 and Warren Lake, with funding provided by the Canal Authority. MR. HANDY: Move for approval. MR. BRIDGES: Second. MAYOR YOUNG: Motion and second. Any discussion? MR. POWELL: Mr. Mayor, I would just like to hear from a representative from the Canal Authority to kind of read into the record what exactly we're doing here. MAYOR YOUNG: All right. Who will be the spokesman for the Canal Authority? Dayton? MR. SHERROUSE: Thank you, Mr. Mayor. What this is-- and, of course, all of you were provided a packet of information which hopefully you received in the last couple of days. But as you're aware, in 1993 we had a master plan done for the entire Augusta Canal System, and basically that upper end of the Canal from basically the waterworks pumping station to the headgates in Columbia County was designated to have a conservation preservation emphasis in terms of development. And that's the area that most people in the community, when we Page 7 talk about the Augusta Canal, identify with. It's for the most part undeveloped, in its natural state, and is a favorite area for canoeists and bicyclists and joggers to go up and use that area. And as you're aware also, Mr. Brandenburg owns this property in-between I-20 and Warren Lake, which goes down to the Canal. And what the Canal Authority has undertaken to do is to acquire a portion of this property, a strip of property, to protect the area along the Canal for preservation and to protect the natural area of the Canal up on the upper end. And I'd like to emphasize this resolution to you today is not committing you for any money, nor is it requesting any money. We will be undertaking a separate fund-raising program to secure the funds to purchase the property that we can buy up in that area. What we would like to get from you is a resolution endorsing what we're doing that we can then use as part of the application package that we'll submit to other federal and state agencies and non-profit foundations. We have already secured a letter from Congressman Norwood supporting this, Senator Walker on the state level, and we would like to have the resolution from City Council endorsing what we're doing as we go soliciting funds that we can show that we have the support of the community in this effort. MR. HANDY: Mr. Mayor, I'd like to amend my motion to incorporate the resolution, please. MAYOR YOUNG: So ordered. MR. OLIVER: For the record, and I've had these conversations with people from the Canal Authority, Dayton, that it's--as you indicated, it's not your intent now or in the future to ask Augusta-Richmond County for funding to fund the purchase of this property; is that correct? MR. SHERROUSE: That's correct. MAYOR YOUNG: Any further discussion? All in favor of the resolution, please vote aye. MOTION CARRIES 9-0. CLERK: Item 25: S-581-QUAIL RIDGE SUBDIVISION-PHASE IV- FINAL PLAT - Request for concurrence with the decision of the Planning Commission to approve a petition from Southern Partners, Inc., on behalf of Nordahl & Co., Inc., requesting Final Plat Approval for Quail Ridge, Phase IV. This phase is adjacent to Quail Ridge, Section 1-B and Section II, Phase I & II, and contains 43 lots. MAYOR YOUNG: Commissioners, if you'll recall, this item was postponed from our last meeting because there was some Page 8 indication that the people in the neighborhood were going to meet with the developers and attempt to reach some sort of an agreement on their dispute over lot size, and so that's why the item is back before us today. Mr. Findlay, are you here on behalf of the developer? MR. FINDLAY: I am. MAYOR YOUNG: All right. Would you like to address us and bring us up to date? MR. FINDLAY: I don't know if there's any true conversation or comments that I have that would affect the development of the subdivision. You, at a meeting of some several weeks ago, passed an ordinance wherein Nordahl is bound by that ordinance; and Nordahl, because of economic restraints, is going to go forward and adopt your ordinance and build houses of 1,250 square feet each within that development. However, in doing so, it presses its agreement to go forward and its request in that it feels that it is doing this because its hands will be tied economically. That is, Nordahl has spent in excess probably of $650,000, that the money is in the land and in the development of the land, that with the passage of every day interest at two over prime or at prime or thereabouts continues to accrue on the debt, or prevents taking down a profit from this. And because of these economic considerations, it is going forward and it's going to develop the subdivision by using your standards. And in this instance I have certified to Mr. Patty that the original Trotter plat suggested--or Trotter protective covenants suggested 1,250 feet would be allowed in the Quail Ridge and Quail Hollow area, and that's what we're going to do in this instance. So I don't think it is up to discussion. I think we have met every criteria and I think we would just like you to adopt what you have previously passed by rubber-stamping and approving what we are setting forth here today. Thank you. MAYOR YOUNG: Any questions from the Commissioners? MR. J. BRIGHAM: So move. MR. SHEPARD: Second. MAYOR YOUNG: Motion and a second. Any discussion? Ms. Lake, did you want to address the Commission? I'll give you a couple of minutes. MS. LAKE: Good evening, Mayor and Commissioners. I'm here on behalf of our subdivision, Quail Ridge, and I'm here to ask that the ordinance be enforced that you produced a couple of weeks ago. Basically we have attempted to meet with Page 9 Mr. Nordahl or his representative, however, they stated that they would not meet with us. But, again, on behalf of the neighborhood, we would like for you all to enforce this ordinance. MAYOR YOUNG: Thank you. Any discussion among the Commissioners? MR. BRIDGES: Jim, is that the ordinance that we passed? Are they meeting that ordinance in this regard in what they're proposing doing? MR. WALL: I have not personally reviewed the covenants. Mr. Findlay and I spoke earlier, Mr. Patty and I have spoken previously. My understanding is that those have been provided to George. George is the administrative person responsible for ensuring that they're compatible, and I've been told that they are compatible and consistent, but I personally have not reviewed them. MR. BRIDGES: Another question. Would they even be under that ordinance, since this all started before that ordinance was passed? MR. WALL: I think it probably would be, because the key time is the acceptance of the deed of dedication. And so I think that they probably would be, although an argument could be made that it has to be judged upon the standards at the time the application was submitted. But arguably they would be subject to the ordinance. MAYOR YOUNG: All right. Any other discussion among the Commissioners? MR. POWELL: Yes. Jimmy, what you're saying is that y'all have met the ordinance's requirements in the people's ordinance, I guess, that the Mayor just signed, and y'all feel like that you've got something that's going to be developed in that area that is compatible with the existing area? MR. FINDLAY: The answer to your question is probably yes. But what we would have developed in that area would be very consistent with quality housing throughout Augusta. We are having to do this now because of the passage of the ordinance by this Commission which precluded us from being issued building licenses because of that. We are facing the calamity of a $700,000 problem with a developed subdivision, not being able to go forward with putting houses on it because you're insisting that we go back and put in housing of 1,250 square feet as opposed to 1,150, which is what we wanted to do. I say that for the purpose of emphasizing we have totally complied, but I don't think we have heard the end of this Page 10 issue as it impacts Nordahl and the financial implication of what you have passed. Thank you. MR. POWELL: Thank you, Jimmy. And we appreciate Nordahl Builders coming in and not degrading the property values of the existing subdivisions. Thank you. MR. WALL: Since Mr. Findlay is putting that on the record, I think I also ought to put on the record the building permits have not been denied unless they show on the final plat that it is proposed that the streets be deeded for public purpose or a deed of dedication. The only thing that we have prevented is a dedication of the streets and the utilities to the city if, in fact, the covenants are not consistent. So had he wanted it to be a private development, there would have been nothing in this ordinance that would have prohibited them from doing so. MAYOR YOUNG: Any other discussion? We have a motion and a second on the floor. All in favor or the motion, please vote aye. MR. HANDY ABSTAINS. MOTION CARRIES 8-1. SPEAKER: Mr. Mayor, I would like to speak. MAYOR YOUNG: Well, we've already voted and decided the issue, and the plat has been approved. SPEAKER: I would like to speak a little bit with you about what the vote really represents and what it says. MAYOR YOUNG: We can discuss that after the meeting then, because the motion has already been on the floor and it's been approved by the Commission. We'll be glad to talk to you after the meeting about this, but let's move along with the order of the day, Madame Clerk. MR. WALL: Mr. Mayor, I assume that we're to the legal meeting. I would ask for a legal meeting to discuss proposed settlement of the drainage action. And although it's listed on your agenda as discussion of federal employment litigation, I am not prepared to discuss that today, but would like to address a personnel issue. Would ask that we go into legal session for those two items. MR. SHEPARD: So move. MR. H. BRIGHAM: Second. MAYOR YOUNG: Has everybody already voted? Page 11 MR. POWELL & MR. H. BRIGHAM NOT VOTING. MOTION CARRIES 7-2. (LEGAL MEETING, 2:27 - 2:56 P.M.) MAYOR YOUNG: We will come back to order. Do we have a motion to add anything to the agenda? MR. WALL: Mr. Mayor, I would ask that you add a proposed settlement of the action against Dr. George Snelling to the agenda. MR. HANDY: So move. MR. SHEPARD: Second. MAYOR YOUNG: Are there any objections? All right, the item is on the agenda. MR. WALL: Next I would ask that you approve settlement of the claim against Dr. George Snelling and authorize the Mayor to execute a settlement agreement with Dr. Snelling whereby the corrective work will be performed by J&S Contractors, with this cost and the cost of the flooding damage claims being split equally between Augusta and Dr. Snelling, with the city's share being $31,488.67 and Dr. George Snelling dedicating the pond on his property to the city for use as a detention pond and providing appropriate access agreement from other properties that he owns for future maintenance. MR. SHEPARD: So move. MR. HANDY: Second. MAYOR YOUNG: Motion and a second. Any discussion? All in favor of the motion, please vote aye. . MOTION CARRIES 9-0 MAYOR YOUNG: Could we have a motion to approve the Affidavit for Executive Session? MR. WALL: And authorize the Mayor to execute it. MR. HANDY: So move. MR. SHEPARD: Second. MAYOR YOUNG: Motion and a second. All in favor, please Page 12 vote aye. . MOTION CARRIES 9-0 MAYOR YOUNG: Mr. Handy? MR. HANDY: Motion to adjourn, sir. MR. H. BRIGHAM: Second. MAYOR YOUNG: All opposed, please remain in the Chamber. (MEETING ADJOURNED AT 3:00 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 Augusta Richmond County Commission held on August 3, 1999. Clerk of Commission