HomeMy WebLinkAbout11-16-1999 Regular Meeting
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REGULAR MEETING COMMISSION CHAMBERS
November 16, 1999
Augusta Richmond County Commission convened at 2:03 p.m.,
Tuesday, November 16, 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 REV. DR. WOFFORD CAUGHMAN.
THE PLEDGE OF ALLEGIANCE WAS RECITED.
Mayor Young: Madame Clerk, let’s proceed with the order
of the day, please.
Clerk: Mr. Mayor and members of the Commission, we have
a request for our addendum agenda. Items 1-5.
Addendum agenda:
Item 1: Accept the resignation of Al Ferguson from the
Personnel Board.
Item 2: A request from Cecil E. McCollum, Sr. Regarding
his tax exemption status.
Item 3: Approve the lease agreement between Unitarian
Fellowship of Augusta, Inc. and Augusta Richmond County
Commission for property located adjacent to Fire Station #9
consisting of 0.16 acres.
Item 4: Resolution supporting the impaneling of a
special grand jury regarding the operations of Augusta
Richmond County.
Item 5: Motion to approve a Resolution subscribing to
the Certified City of Ethics Program of the Georgia Municipal
Association.
Items 4 and 5 were referred to the full Commission by the
Ethics Subcommittee.
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Mayor Young: All right.
Mr. Kuhlke: I so move.
Mr. Beard: I second it.
Mayor Young: Motion and second. Is there any objection
to adding these items to the agenda? None heard, so we’ll
order those added, Madame Clerk.
Clerk: Yes, sir. Under delegation, Ms. Connie Stein
regarding animal control.
Mayor Young: Ms. Stein? Let the record show Ms. Stein
did not present herself.
Clerk: Under our consent agenda, 1 through 46:
PLANNING:
1. Z-99-106 - Request for concurrence with the decision of
the Planning Commission to approve a petition from First
United Pentecostal Church requesting a Special Exception
to bring an existing church into zoning conformance as
provided for in Section 26-1, Subparagraph (a) of the
Comprehensive Zoning Ordinance for Augusta-Richmond
County on property located on the northeast right-of-way
line of Fenwick Street, 405 feet, more or less, east of
the northeast corner of the intersection of Metcalf
Street and Fenwick Street (129 Fenwick Street). District
1.
2. Z-99-108 - Request for concurrence with the decision of
the Planning Commission to approve a petition from Tamsen
McKinnon, on behalf of Shon McKinnon, requesting a change
of zoning from Zone B-2 (General Business) to Zone A
(Agriculture) on property located where the centerline of
Willis Foreman road extended intersections the southeast
right-of-way line of Peach Orchard Road. Note! This
approval is for an area limited to the front 400 feet
measured perpendicular to Peach Orchard Road. District
8.
3. Z-99-109 - Request for concurrence with the decision of
the Planning Commission to approve a petition from Dean
Lanier, Jr. Requesting a change of zoning from Zone R-1
(One-family Residence) to Zone R-MH (Manufactured Home
Residence) on property located 530 feet west of the west
right-of-way line of Old Waynesboro Road, and also being
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2,730 feet, more or less, south of the southwest corner
of the intersection of McDade Farm Road and Old
Waynesboro Road (4069 Old Waynesboro Road). District 8.
4. Z-99-110 - Request for concurrence with the decision of
the Planning Commission to approve a petition from W. A.
Huff requesting a change of zoning from Zone B-1
(Neighborhood Business) to Zone R-MH (Manufactured Home
Residence) on property located on the northwest right-of-
way line of Plantation Road, 325.0 feet east of the
northeast corner of the intersection of Windsor Spring
road and Plantation Road (2421 Plantation Road).
District 6.
5. Z-99-11 - Request for concurrent with the decision of the
Planning Commission to approve a petition from c. Ralph
Kitchens, Jr., on behalf of Leroy H. Simkins, Trustee,
requesting a change of zoning from Zone A (Agriculture)
to Zone LI (Light Industry) on property located 371 feet,
more or less, south of the south right-of-way line of
Tobacco road, and also being 811.47 feet west of the
southwest corner of the intersection of the Central of
Georgia Railroad right-of-way and Tobacco road. District
8.
6. Z-99-112 - Request for concurrence with the decision of
the Planning Commission to approve a petition from
Loretta W. Kinsey, on behalf of Williams Oellerich,
requesting a change of zoning from Zone A (Agriculture)
to Zone B-2 (General Business) on property located on the
southeast right-of-way line of Peach Orchard Road, 400
feet, more or less, southwest of the southeast corner of
the intersection of Tobacco Road and Peach Orchard Road.
District 6.
7. Z-99-113 - Request for concurrence with the decision of
the Planning Commission to approve a petition from Bell
Investment Company requesting a change of zoning from
Zone R-3B (Multiple-family Residence) to Zone B-2
(General Business) on property located 551 feet east of
the east right-of-way line of Mike Padgett Highway, and
also being 1,620 feet, more or less, north of the
northeast corner of the intersection of Mike Padgett
Highway and Rawley Road. District 2.
8. ZA-R-108 - Request for concurrence with the decision of
the Planning Commission to approve a petition from
Augusta-Richmond County Planning Commission to consider
an amendment to two sections of the Comprehensive Zoning
Ordinance related to home occupations.
9. Z-R-109 - Request for concurrence with the decision of
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the Planning Commission to approve a petition from
Augusta-Richmond County Planning Commission to consider
an amendment to Section 24-1, Heavy Industrial Zone of
the Comprehensive Zoning Ordinance, clarifying uses
permitted therein.
10. Pulled from consent agenda.
11. S-540-II - Woodberry Subdivision - Section II - Final
Plat - Request for concurrence with the decision of the
Planning Commission to approve a petition from Southern
Partners, Inc., on behalf of Preston Price, requesting
Final Plat Approval of Woodberry Subdivision, Section II.
This section is an extension of Woodberry Drive,
adjacent to Woodberry Subdivision, Section I and contains
41 lots.
12. S-584 - Bertram Court Townhouses - Final Plat - Request
for concurrence with the decision of the Planning
Commission to approve a petition from Tripp Land
Surveying, Inc., on behalf of Bruker Company, requesting
Final Plat Approval of Bertram Court Townhouses. This
subdivision is located on Bertram Road and Buckhaven Lane
and contains 14 lots.
13. S-566-Cypress Pointe - Phase II - Final Plant - Request
for concurrence with the decision of the Planning
Commission to approve a petition from Georgia-Carolina
Surveying & Engineering Co., on behalf of Eagle Building
& Development, Inc., requesting Final Plat Approval of
Cypress Pointe, Phase II. This phase is located on Old
Waynesboro Road, 1317 feet north of the right-of-way of
McDade Road, adjacent to Cypress Pointe, Phase I and
contains 58 lots.
14. S-575-I-(Rev) - Emerald Bay Townhouse - Section I - Final
Plant - Request for concurrence with the decision of the
Planning Commission to approve a petition from Southern
Partners, Inc., on behalf of Emerald Bay Development Co.,
requesting Final Plat Approval of Emerald Bay Townhouse,
Section I (Rev.). This section is located on Bertram
Road, 1590.19 feet north of the right-of-way of Center
West Parkway and contains 57 lots.
15. Pulled from consent agenda.
FINANCE:
16. Motion to approve refund of 1998 taxes in the amount of
$201.64 to Ricky S. Newman for overpayment of taxes on
Account 2061008. (Approved by Finance Committee November
8, 1999).
17. Motion to approve the waiver of ad valorem taxes on the
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following properties belonging to Springfield Village
Park Foundation, Inc.: (Approved by finance Committee
November 8, 1999)
??
1201 Reynolds Street
??
1222 Reynolds Street
??
1133 Jones Street
??
1211 Jones Street
18. Motion to approve award for $105,145.00 to Trax
Incorporated of Augusta for one (1) Articulated Road
Grader for the Public Works Department - Maintenance
Division. Bid # 99-125. (Approved by Finance Committee
November 8, 1999)
19. Motion to approve award for $129,128.56 to Metrac of
Augusta for two (2) Leased Articulated Road Graders for
the Public Works Department - Maintenance Division. Bid
# 99-126. (Approved by Finance Committee November 8,
1999)
20. Motion to authorize Fleet Management to transfer three
(3) excess Police vehicles to the Richmond County Board
of Education for the sum of $1.00. (Approved by the
Finance Committee November 8, 1999)
21. Motion to approve the repair of one Trees & Landscape
Department Truck damaged in a vehicular accident in the
amount of $29,712.00. (Approved by Finance Committee
November 8, 1999)
22. Motion to approve bid award of Vehicle Maintenance
Services Contract to Baker Support Services. (Approved
by Finance Committee November 8, 1999)
23. Motion to approve classifying various County vehicles and
equipment as excess to allow the equipment to be
auctioned off. (Approved by Finance Committee November
8, 1999)
24. Motion to approve request for additional funding in the
amount of $15,000 to continue the operations of the Clerk
of Superior Court Office for the remainder of the ’99
budget year. (Approved by Finance Committee November 8,
1999).
ADMINISTRATIVE SERVICES:
25. Motion to approve extension of contract for TPA services
with Hilb, Rogal and Hamilton for two year period with no
increase in administration fee; thereafter, automatic
renewal on a two-year basis if both parties are in
agreement. (Approved by Administrative Services
Committee November 8, 1999)
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ENGINEERING SERVICES:
26. Motion to approve change order of $54,466.55 to Blair
Construction, Inc. for additional required work on the
Bedford Heights Water and Sewer System Improvements
Project. (Approved by Engineering Services Committee
November 8, 1999)
27. Motion to approve Change Order #1 to Blair Construction
for a net deduct of $22,180 on the Belair Hills Water
System Improvements. (Approved by Engineering Services
Committee November 8, 1999).
28. Motion to approve Change Order #4 in the amount of
$15,763 to Chandler Construction Services for
modifications on Papaya Street repair required on the 60”
Raw Water Transmission Main. (Approved by Engineering
Services Committee November 8, 1999)
29. Motion to approve payment to Southeastern Natural Science
Academy in the amount of $25,000 for wetlands mitigation.
(Funded by Account 507043420-5412110/89800560-5412110).
(Approved by Engineering Services Committee November 8,
1999)
30. Motion to approve proposal from Stevenson and Palmer to
perform a Preliminary evaluation of completeness of Sewer
Separation Projects at a cost not to exceed $13,500.
Funded by Account 507043420-5425210/89800550-5425210.
(Approved by Engineering Services Committee November 8,
1999)
31. Motion to approve Commercial Waste Services & Management
Corp. proposal to consolidate, transport and dispose
traffic paint drums & pails including their content and
any associated waste at the Mack Lane Storage Facility
for a lump sum fee of $12,120.00. Funded by Account #101-
04-1110/52-13118. (Approved by Engineering Services
Committee November 8, 1999)
32. Motion to accept proposed agreement from City of
Hephzibah and authorize Attorney to prepare Agreement to
transfer Henderson Road Water Line to City of Hephzibah
with balance of $100,000 being satisfied by crediting
future water bills against the balance. (Approved by
Engineering Services Committee November 8, 1999)
33. Motion to approve bid award to J.S. Haren for
construction of the clearwell for the Little Spirit Creek
Groundwater Treatment Plant. (Approved by Engineering
Services Committee November 8, 1999)
PUBLIC SAFETY:
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34. Motion to approve the following additional positions: 2
Attorneys and 1 Investigator (Post-certified) with
funding from Victim/Witness designated monies. (Approved
by Public Safety Committee November 8, 1999)
PUBLIC SERVICES:
35. Motion to approve declaring four (4) 1994 Ford
Paratransit vans surplus and adding them to the December
4 auction list. (Approved by Public Services Committee
November 8, 1999)
36. Motion to approve a request by Thomas D. Thompson for
retail package liquor, beer & wine license to be used in
connection with Summerville Ace Package Store located at
2065 Walton Way. District 3. Super District 10.
(Approved by Public Services Committee November 8, 1999)
37. Motion to approve a request by Bong Keun Choi for retail
package beer & wine license to be used in connection with
Walton Way Supermarket located at 1931 Walton Way.
District 1. Super District 9. (Approved by Public
Services Committee November 8, 1999)
38. Motion to approve a request by Phyllis S. Cain for
consumption on premise liquor, beer & wine license to be
used in connection with the Airport Inn Restaurant
located at 1520 Aviation Way. There will be a dance
hall. There will be Sunday sales. District 1. Super
District 9. (Approved by Public Services Committee
November 8, 1999)
39. Motion to approve a request by Kwang Il Han for a retail
package beer & wine license to be used in connection with
C & J Market located at 1565 Fifteenth Street. District
5. Super District 9. (Approved by Public Services
Committee November 8, 1999)
40. Motion to approve a request by Shiguan Chen for a Sunday
sales license to be used in connection with Ming Wah
Restaurant located at 920 Walton Way. District 1. Super
District 9. (Approved by Public Services Committee
November 8, 1999)
41. Motion to approve a request by Richard Elderidge for an
occupational license (Massage Therapist) to be used in
connection with Sun Spa located at 2815 Wylds Road.
District 3. Super District 10. (Approved by Public
Services Committee November 8, 1999)
42. Motion to approve purchasing two (2) multi-unit play
systems for Diamond Lakes regional Park, referring to bid
item #98-201 and Purchase Order 2822, subject to
sufficient funds available in project budget after
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program is closed and Purchasing Director’s approval.
(Approved by Public Services Committee November 8, 1999)
43. Motion to approve an agreement between Augusta Richmond
County and Easter Seals of Georgia regarding the Fantasy
of Lights display at Pendleton King Park. (Approved by
Public Services Committee November 8, 1999)
ATTORNEY:
44. Motion to approve an Ordinance for Backflow Prevention by
Cross Connection Control. (Approved by Engineering
Services Committee November 8, 1999)
45. Motion to approve an Ordinance increasing fire inspection
fees and authorize hiring Administrative Assistant for
Fire Inspection Bureau as recommended by the Management
Study. (Fee increase covers cost of new position). The
Fee Schedules is as follows: (Approved by Public Safety
Committee November 8, 1999)
* Certificate of Occupancy (CO) $150.00
* Construction Permit under 10,000 Sq. Ft. $150.00
* Construction Permit over 10,000 Sq. Ft. $150.00
plus .040 per Sq. Ft.
* Annual Inspection and First Re-Inspection -0-
* Second Re-Inspection $100.00
* Third Re-Inspection & Each Follow-Up $150.00
* Day Care Provider Class (5 hour class) $ 30.00
(1.5 hour class) $ 15.00
PETITIONS & COMMUNICATIONS:
46. Motion to approve the minutes of the regular meeting of
the Commission held November 3, 1999.
Clerk: Are there any objectors to those Petitions?.
Mayor Young: Mr. Powell?
Mr. Powell: Mr. Mayor, I ask that Item 10 be pulled out
for some discussion.
Mr. Colclough: Mr. Mayor?
Mayor Young: Yes, Mr. Colclough?
Mr. Colclough: I’d like to pull Item 15 for
clarification.
Mayor Young: Pull Item 15. Anyone else?
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Clerk: Consent agenda will be Items 1 through 46, with
the exception of Item 15 and Item 10.
Mayor Young: Mr. Beard?
Mr. Beard: Mr. Mayor, I move that we approve the consent
agenda.
Mr. Shepard: Second.
Mayor Young: Motion and second. Any discussion on the
consent agenda? All in favor, please vote aye.
MR. HANDY OUT.
MR. BRIDGES ABSTAINS.
MOTION CARRIES 8-0. [Item 36]
MR. HANDY OUT.
MR. BRIDGES, MR. POWELL & MR. COLCLOUGH VOTE NO.
MOTION CARRIES 6-3. [Items 38 and 40]
MR. HANDY OUT.
MOTION CARRIES 9-0. [Items 1-35, 37, 39, 41-46]
Clerk: Item 10: Z-99-99 - Request for concurrence with
the decision of the Planning Commission to approve with the
condition “That this approval is for 2417 Patrick Avenue only”
a petition from Paul Perdue requesting a change of zoning from
Zone A (Agriculture) to Zone R-H (Manufactured Home
Residential) on property located on the north right-of-way
line of Patrick Avenue, 636.7 feet east of the northeast
corner of the intersection of Windsor Spring Road and Patrick
Avenue (2415 and 2417 Patrick Avenue). [Referred back to the
Planning Commission by the Augusta Commission on October 19,
1999] District 6.
Mr. Bridges: Madame Clerk?
Clerk: Yes, sir?
Mr. Bridges: Could I show that I abstained on Item 36
and voted against the Sunday sales on 38?
Clerk: Mr. Mayor, can we just go ahead and identify
these petitions in case there are objectors?
Mayor Young: Yes.
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Clerk: Under Public Services agenda:
Item 36: Motion to approve a request by Thomas D.
Thompson for retail package liquor, beer & wine license to be
used in connection with Summerville Ace Package Store located
at 2065 Walton Way. District 3. Super District 10.
(Approved by Public Services Committee November 8, 1999)
Item 38: Motion to approve a request by Phyllis S. Cain
for consumption on premise liquor, beer & wine license to be
used in connection with the Airport Inn Restaurant located at
1520 Aviation Way. There will be a dance hall. There will be
Sunday sales. District 1. Super District 9. (Approved by
Public Services Committee November 8, 1999)
Item 40: Motion to approve a request by Shiguan Chen for
a Sunday sales license to be used in connection with Ming Wah
Restaurant located at 920 Walton Way. District 1. Super
District 9. (Approved by Public Services Committee November
8, 1999)
Clerk: Mr. Bridges, you want the record to show that you
abstained?
Mr. Bridges: On Item 36 and voted against Sunday sales
on 38 and 40.
Mr. Powell: Madame Clerk, I’d like the record to reflect
the same on the Sunday sales.
Mr. Colclough: Likewise, Madame Clerk.
Clerk: We’re back to Item 10.
Item 10: Z-99-99 - Request for concurrence with the
decision of the Planning Commission to approve with the
condition “That this approval is for 2417 Patrick Avenue only”
a petition from Paul Perdue requesting a change of zoning from
Zone A (Agriculture) to Zone R-H (Manufactured Home
Residential) on property located on the north right-of-way
line of Patrick Avenue, 636.7 feet east of the northeast
corner of the intersection of Windsor Spring Road and Patrick
Avenue (2415 and 2417 Patrick Avenue). [Referred back to the
Planning Commission by the Augusta Commission on October 19,
1999] District 6.
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Mr. Powell: Mr. Mayor, I asked that this be pulled and
would like to talk with a representative from Planning and
Zoning, Mr. Patty.
Mayor Young: Mr. Patty?
Mr. Powell: George, how about clarifying what you’re
doing here? We sent this thing back. It was sent back
because the lots were wanting to be split and the gentleman
wanted to change it on the floor that day. I want to know
exactly what are we voting on?
Mr. Patty: He’s got two lots, one of which has got two
mobile homes on it and one of them has got one. He had two
purposes for asking for rezoning. One of those purposes was
to be able to split these lots in order to get public sewer to
them. They’re now on septic tanks. The second purpose was to
get a second mobile home on the lot that only has one on it.
Due to the opposition in the area, he dropped his request to
put the second mobile home on the lot so he’s only got one on
it. He only wants to rezone the lot that’s currently got two
mobile homes on it so he can get public sewer to them. He
attempted to do that on the floor and it got confusing and I
don’t blame you for doing what you did.
Mr. Powell: Okay. So this is not going--for
clarification one more time, this is not going to split
another lot?
Mr. Patty: It will split a lot, but that lot already has
two manufactured homes on it, they can stay there.
Mr. Powell: Motion to approve.
Mr. Bridges: Second.
Mayor Young: Motion and second. Any further discussion
on this item? All in favor, please vote aye.
MR. HANDY OUT.
MOTION CARRIES 9-0.
Mayor Young: Item 15?
Clerk: Item 15: S-594 - Pepperidge Pointe - Section III
- Final Plat - Request for concurrence with the decision of
the Planning Commission to approve a petition from H. Lawson
Graham & Associates, on behalf of Pepperidge Pointe
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Development, Inc., requesting Final Plat Approval of
Pepperidge Pointe, Section III. This section is an extension
of Smoketree Road, Tallowtree Street, Anacua Way adjacent to
Pepperidge Pointe, Sections I and II and contains 42 lots.
Mr. Colclough: Yes, Mr. Mayor, I asked that to be
pulled. I just needed some clarification which we briefly
talked about prior to this meeting, and I just need some
clarification from the attorney and the Planning and Zoning
that we won’t have another entrance coming in from Tobacco
Road into Pepperidge Pointe.
Mayor Young: Mr. Findlay, would you like to address
that?
Mr. Findlay: I’m Jimmy Findlay. I’m the attorney who
represents Pepperidge Pointe. This is literally a planned
unit development that’s been developed in three or four
sections. Two of those sections, I believe, have already been
developed. This is the third section. Unfortunately, we
don’t have the master plat here. I can go on record and
certainly as part of the approval process, we stipulate that
there shall be no entrance made as to Old Tobacco Road as
shown on this survey or plat by Lawson Graham and Associates.
George, you’ve got that, don’t you? And I think that’s all we
can do at this time. But I understand the Commissioner’s
concern is that in the future, he would be objecting to the
possibility of allowing another roadway to lead out to Tobacco
Road.
Mr. Colclough: That’s correct.
Mr. Findlay: But I’m not defending that position. I
don’t think that’s the case here, but I don’t have a survey to
even show that.
Mayor Young: Thank you, Mr. Findlay. Mr. Colclough, do
you have any other questions or do you want to hear from
somebody else?
Mr. Colclough: I’d like for Mr. Patty to come and
explain to us.
Mayor Young: Mr. Patty?
Mr. Patty: Okay, as y’all know Pepperidge is a huge
subdivision. I think I just heard it’s got 1500 total lots or
something of that nature. And this particular area is a
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section that actually fronts on Old Tobacco Road, which is at
this point a dirt road, just beyond the community center out
there at Tobacco Road. And Mr. Colclough’s concern and ours
as well is that this would not be appropriate for this
subdivision to front on that dirt road, and so the condition,
I think, is that it would not have any road access to Old
Tobacco Road and I was asking Mr. Colclough, because some of
these lots are double-frontage lots. They front a subdivision
street and they would front Old Tobacco Road, and I was asking
him whether he thought it would be appropriate for them to
have driveway, potentially have driveway access to Old Tobacco
Road. And the remedy for that, frankly, would be to put a no
access easement on Old Tobacco Road, which I think you’ve got
the authority to do. It’s not on the plat at this time. And
I think I probably recommend that you do that.
Mr. Findlay: We have no objection to that.
Mr. Colclough: I so move that we approve the no access
road to Old Tobacco Road from that subdivision.
Mr. Mays: Second.
Mayor Young: The motion and second. Any further
discussion on this item? All in favor, please vote aye.
MOTION CARRIES 10-0.
Clerk: Item 47: Z-99-107 - Request for concurrence with
the decision of the Planning Commission to deny a petition
from Patricia S. Scott requesting a Special Exception to
establish a tutorial program as provided for in Section 26-1,
Subparagraph (b) of the Comprehensive Zoning Ordinance for
Augusta-Richmond County, located on the southeast corner of
the intersection of Lumpkin Road and Edgewood Drive (2858
Lumpkin Road). District 5
Mayor Young: Ms. Scott, let’s hear from the Planning
Commission first. George, would you come up and lay the
groundwork for us on this, please, and tell us why you want
the Commission to deny this?
Mr. Patty: We got a request from Ms. Scott for a special
exception to operate a facility at this location in which it’s
previously been a single family home on Lumpkin Road not far
from where it terminates at Old McDuffie Road. And the
correspondence that she gave us indicated that she wanted to
perform some or all of six functions on that lot, and I won’t
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go into them, but they’re essentially parenting skills
training, children into parents tutoring, male role model
training, and substance abuse, all of which obviously are
needed services in this area. Also at the meeting she talked
about operating this sort of as a boot camp which obviously is
a needed facility, but we had objectors, not that that was the
reason, but we did have objectors and I think they made a
strong case that because this is basically house on not a
small lot, but it’s basically a residential lot that this just
wasn’t the place for this facility, and I think that the
Planning Commissioners were convinced of that and I think
that’s why they denied it.
Mayor Young: All right. Are there any objectors who are
here today? Can we see a show of hands? Okay. All right,
Ms. Scott, would you come up to the podium please and tell us
a bit about what you’d like to do? And you are the
petitioner?
Ms. Scott: My name is Patricia Scott and I am at 2422
Patrick Avenue. To just go back and talk about the size of
the lot, I have talked to Mr. Melvin Barton, who has 13 acres
directly behind this house, that says that if I want to
purchase any or all of that, I can do so at all times, and if
that would be a solution I would do that. I would like to
just show you a copy of where this house is. On one side of it
is a big holding pond. The other side is a strip of land that
I own. Plus there is a county road that has not been cut
through, so the house is not directly close to another house.
So the house just like sits off by itself anyway. I also
mention that if it necessary, I would put a fence around it,
if that’s what you all suggest. As long as we get the program
approved. It is a preventive program for children that are 12
years old to 16. It’s true that the Rotary Club and other
agencies are trying to get a boot camp for children that are
16 or 18 that have already dropped out of school. But what we
want to do is to develop a preventive program that will stop
them from getting pregnant, getting on drugs, just stopping
out of school altogether. I put in your boxes earlier an
overall view of the different types of programs that we would
run there. But also I hope that you will see that most of the
meetings will be done at our large facilities at 4252 Windsor
Spring Road. I also put in letters of approval from the
school board, from the Mayor, or whoever that needed to be
that support us. We also have Sandra Mercer from the Family Y
that will help us write grants in getting our character
building program off the ground. I know, too, that you’re
going to say that we already have the alternative school. But
the alternative school is not really meeting the needs at this
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time because a majority of the children who go to the
alternative school end up going back four and five and six
times again. We have one young man who had a fight last year.
He had to go back to the alternative school this year to spend
the rest of the first semester. That one child has been
suspended at least four times so far. What we want to do is
get a program where we have businessmen in the community,
women in the community to really get out, sit down and show
these children that this is the wrong way to go. We need to
get them back on the right track. Our pastor is here, Johnny
Bussey, who is strongly supportive of our program. And if you
all have any other questions, we have parenting programs. We
will work with Augusta College who, at this time [inaudible]
does sponsor full tuition for Shea Frey, so she and some other
students will work with us in tutoring our children to bring
up their academic levels, because some research that we show
that Georgia in general is very low in education. So Richmond
County is, too. And we would like to pull up these children
in grade level at least one to two grade levels. This will be
a six-week program per person. Then we’ll change over and
give another group of children the same opportunity.
Mayor Young: Is there anything else you’d like to add? Or
any questions from the Commissioners with respect to this
item?
Mr. Mays: Mr. Mayor?
Mayor Young: Yes, Mr. Mays?
Mr. Mays: The young people are expected to [inaudible]
any one given time?
Ms. Scott: 12.
Mr. Mays: 12.
Ms. Scott: There are four large bedrooms at the house.
There is a formal living room, dining room, and a huge family
room. And a kitchen and two bathrooms.
Mayor Young: Is there any discussion?
Mr. Bridges: Mr. Mayor, I’ve got a question of George,
if I could. George, my understanding of this, if I’m looking
at this map right, from the Planning Commission, that
everything I see there is either R-1A or R-3B that’s near
there. What will this be zoned if we give this special
exception to a residential area?
Page 16
Mr. Patty: Base zoning will not change. It will be a
special exception or special permission to allow them to do
the one thing that they’re asking to do, which is sort of an
in-house tutoring facility as I understand it.
Mr. Bridges: So it will be similar to a school or
something in that regard, then, in a residential area? Okay.
Mayor Young: And then when that operation would cease, it
would be residential zoning?
Mr. Patty: Well, the zoning won’t change now. It will
go with the property. In other words, someone else could come
in there and operate the same thing that she wants to operate
and it wouldn’t automatically destruct, but you could put a
provision in there like that if you wanted to.
Mr. Bridges: Is this similar to spot zoning, then, in
residential areas?
Mr. Patty: Well, it’s not spot zoning, cause you’re not
changing the zoning. You are introducing what could be a
conflicting land use to an area that’s predominantly single-
family. Now there are some duplexes on up, a block from this
or so. Duplexes start and they go up the hill. I guess there
are 30 or 40 duplexes along Lumpkin Road on the north side,
and there are some apartments in the area. But this area
where this property is located is predominantly single-family
residential.
Mayor Young: Mr. Beard?
Mr. Beard: Mr. Mayor, I just want to make a comment on
this. I think that at the rate we’re going now, anything that
can help our kids I’m kind of for it, and as long as it’s not
disrupting the zoning there, I don’t see where, I am not
opposed to this. I do know that from past experience that if
we can take students out of the environment, cause we’re all a
part of our environment and once we remove those students from
the environment it does help. So I mean if it’s meeting all
specifications here, I really don’t have any strong objections
to this.
Mayor Young: All right. Mr. Colclough and then Mr. Henry
Brigham.
Mr. Colclough: George, what is the difference of
allowing this special exception and a special exception for a
Page 17
personal care home in an R-1 district?
Mr. Patty: Okay, Section 26 allows you to approve
various things by special exception and they’re enumerated A
through whatever. And this particular one is specific to an
educational facility. So that’s what she’s asked for and
that’s what she’s identified and that’s all she can do. Now
granted because it’s going to be an in-house facility, these
people are going to live here, is that correct? It’s going to
be close. Now a personal care home, you know, is defined in
the Ordinance as under another section under special
exception. And if you were to grant a special exception for a
personal care home, then that would be all she could do on the
site. It’s special permission to do exactly what they’ve
asked to do. That would be a facility where people would live
permanently in a single-family home but sort of a multi-
occupancy environment.
Mr. Colclough: So this special exception personal care
home and an in-home business, they’re kind of similar; is that
correct?
Mr. Patty: Yes. Very similar.
Mayor Young: Mr. Henry Brigham and then Mr. Jerry
Brigham.
Mr. H. Brigham: I guess it’s a two-part question. The
objections you have is only from the people in the
neighborhood; is that correct?
Mr. Patty: That’s correct.
Mr. H. Brigham: You said that you could get additional
land if you had to as far as--who is going to train these
folks?
Ms. Scott: In our program, we have myself, we have
Sandra Mercer, we have Alice Johnson from Medical College of
Georgia, we have a facilities operation manager who is ex-
First Sgt. Holt, who is a retired drill sergeant and a project
coordinator and two certified state of Georgia teachers.
Mayor Young: Mr. Jerry Brigham?
Mr. J. Brigham: George, can they put that many people in
this house if it was a personal care home?
Mr. Patty: Mr. Brigham, we really don’t get into that
Page 18
end. The State regulates that based on the bedroom space per
person and bathroom space per person and I don’t know what the
ratios are.
Mr. J. Brigham: What’s the State ration on a tutorial
program on a 24-hour basis?
Mr. Patty: I don’t know. That would be up--
Mr. J. Brigham: Well, 12 people in a three-bedroom,
four-bedroom house even is an awful lot of people.
Ms. Scott: It has an extra room.
Mr. J. Brigham: Still an awful lot of people. I am
curious as to how it goes in with the overall zoning. George?
Mr. Patty: All I can say again is that it is not spot
zoning because you’re not changing the zoning, but it could
very well be a conflicting land use in an area that’s
predominantly single-family residential, given some
conflicting land use.
Mr. J. Brigham: Is it similar to a boarding house in
your opinion?
Mr. Patty: It’s more similar to transitional housing
actually. These people would live there for some short but
undefined period of time, is that correct?
Ms. Scott: Six weeks.
Mr. Patty: Six weeks.
Mr. J. Brigham: But they’re going to be replaced and the
numbers are not going to change so you’re still talking about
12 people in a house?
Ms. Scott: Most of the time.
Mr. J. Brigham: This is year in, month in, month out, is
it not? Now will we allow that into an R-1 zoning anywhere
else in this county? I’m curious because if it goes here I’m
sure we’re going to hear about it again.
Mr. Patty: These situations come up. I mean we’ve had
other requests. Maybe not identical to this, maybe not as
similar, but we’ve had other requests under this
classification and frankly most of them are contended by the
Page 19
neighborhood when they involve single-family areas and some
have been approved and some have been denied. I think we’ve
approved some remotely like this.
Mr. J. Brigham: Residential tutorial programs? I don’t
know if they were residential tutorial programs. That’s why
I’m asking the question.
Mr. Patty: I can’t think of anything identical to this
that we’ve approved in a single-family area as an answer to
your question.
Mr. J. Brigham: Residential program?
Mr. Patty: Yes, sir.
Mayor Young: Do we have a motion or--Mr. Bridges?
Mr. Bridges: I’ve got one other question. Ms. Scott, is
this just a daytime program? Maybe you’ve stated what it is
or are these students to stay over a night?
Ms. Scott: This is a 24-hour program. To get these
children to understand the right track of mind. Because--
Mr. Bridges: So they’ll be sleeping there in other
words?
Ms. Scott: Each one would have their own bed.
Mayor Young: Mr. Mays?
Mr. Mays: Mr. Mayor, I know the research on it now. I
guess what I’m trying to remember, George, I can’t remember
what we changed the zoning from, whether it went from one area
to special exception or whether it went from one area to a
different type of zoning, whether we did the change. I guess
what I’ve got in mind is the one that the young man applied
for and this particular case, this was dealing with young men
only. But there was one, and I believe one of the
petitioners, in fact, worked for the State and the counselors
that were serving had either worked or were currently working
at YDC. Now that may have been one that we did under the old
county commission, but we’ve had one that’s mirrored this
situation before that we did do the zoning change. Probably
the difference in the program was that it may have been a
little bit older in age and a difference in terms of it being
young men. But there was one that we did and you and I have
gotten a little older since then and we’d be hard pressed to
Page 20
say what date we did it on and how we did it, but we have been
that route.
Mr. Patty: Was that on Lumpkin Road?
Mr. Mays: I believe so.
Mr. Patty: I’m thinking that was defeated. I might be
wrong but I’m thinking that was defeated.
Mr. Beard: Mr. Mayor?
Mayor Young: Mr. Beard?
Mr. Beard: Mr. Mayor, I’m going to put this on the floor
so we can move on it and vote it one way or the other.
Mayor Young: That will be fine.
Mr. Beard: I move that this be, the petition be approved
with the exception that whenever this is moved from that, that
is returns to the same use.
Mayor Young: Previous use.
Mr. H. Brigham: I’ll second that.
Mayor Young: Motion and second. Any discussion with
respect to the motion? Mr. Shepard?
Mr. Shepard: Mr. Mayor, are there any objectors to the
petition?
Mayor Young: No, sir. We’d asked for that and got no
response. Any further discussion on the motion? We have the
motion on the floor. Mr. Kuhlke?
Mr. Kuhlke: George, how many objectors did you have?
Mr. Patty: We had between six and ten.
Mayor Young: We have a motion and a second on the floor.
We’ll go ahead and call the question. All in favor of
approving this petition with the stipulation Mr. Beard put on
it, please vote aye.
MR. POWELL OUT.
MR. J. BRIGHAM, MR. KUHLKE AND MR. BRIDGES VOTE NO.
Page 21
MOTION CARRIES 6-3.
Mayor Young: Thank you very much, Ms. Scott.
Ms. Scott: Thank you.
Clerk: Item 48: Consider a sponsorship request from
Anita and Donna Howard.
Mayor Young: Are either Anita or Donna Howard here?
Mr. Beard: No, they are not here. Mr. Mayor?
Mayor Young: Mr. Beard?
Mr. Beard: I put this on the agenda and I think some
backup material is in the agenda book. These are two young
ladies who have done outstanding work in our, for the nation.
They have been, tried out for the Olympics and they are still
trying to get back there. They are a product of our high
schools here and I’m sure most of you have read about the
Howard girls at some time or another and they had requested
some support because they are both going to try out for the
trials again, and they’re going to need some financial
support. So I put it on the agenda and I’d also ask the Mayor
on our second meeting in December that a proclamation be
presented these young ladies and we’re just hoping that the
Commission would see fit to assist them in some way. I know
I’m going to move at
we have the Commission Other Account, and
this time that--I have to ask Mr. Oliver how much money is in
the--
Mr. Oliver: $1200 roughly. About $1200 in the
Commission Other Account.
Mr. Beard: We’re coming to the end of the year and maybe
we can do something there, but I’m going to move that we
assist these young ladies in some financial way and maybe with
$1000 of that, $500 to each one of the young ladies.
Mayor Young: Is there a second to that motion?
Mr. Mays: I’ll second it.
Mayor Young: We have a second on the floor. Just for
clarification, Mr. Wall, would this require some sort of a
contract or something with these people? We couldn’t just
give them money, could we?
Page 22
Mr. Wall: It would require a contract and I would hope
they’d be willing to assist Tom Beck in some fashion in the
Recreation Department, perhaps work with the youth there.
Something like that.
Mr. Beard: I’m sure they would be willing to do that if
the Commission saw fit to assist them in this way. And I know
this is unusual that we would ask this, but I think that any,
we’ve done this before when people are representing our city
and going forward, and when they’re doing something
outstanding for us, I hope that we seek to support that.
Mayor Young: Thank you, Mr. Beard. Mr. Shepard?
Mr. Shepard: Mr. Mayor, following up your question. Mr.
Wall, absent a contract, wouldn’t that just mere violate the
Georgia Constitution’s Anti-Gratuity Clause?
Mr. Wall: It would.
Mr. Shepard: I think we need to make it, in light of
that opinion, Mr. Beard, I think we need to make it rather
expressed that we have a contract with these individuals to
promote Augusta-Richmond County and have it subject to the
attorney’s review. I think the Constitution just prohibits us
from giving away money, even though the purpose is worthy.
Mr. Beard: I accept that amendment, Mr. Shepard.
Mayor Young: Mr. Bridges?
Mr. Bridges: Mr. Mayor, regardless of whether we have a
contract or not, I don’t think this is something that the
County government needs to be doing. We’ve turned down
requests like this in the past. I can think of a recent case
where a deputy was traveling to Sweden to enter into a weight-
lifting tournament, which is also a sporting event, would be,
we would have been represented there as well. And I think we
were wise in turning that down. I think to do so would be to
encourage the use of taxpayers’ money for use for something,
even though a worthy cause, maybe national attention, I think
this is something that the individuals themselves need to do
through private contributions, private solicitation. I think
it’s in many cases we’ve steered clear of these things because
it just opens a Pandora’s box for different people or groups
or organizations that want to continually come down and ask
for contributions or donations out of the taxpayers’ funds,
and I would encourage that we once again turn this one down.
Page 23
Mayor Young: Is there any further discussion?
Mr. Mays: Mr. Mays?
Mayor Young: Yes, Mr. Mays?
Mr. Mays: Maybe this is something we can further
address. I went ahead and seconded Mr. Beard’s motion to get
it on the floor, even though I agree with Steve’s observation
in terms of the contract provision and working some method of
service in terms of dealing with that. I don’t have any
problem with that at all. But I don’t think we ought to
forget that quite frankly if we’re going to do this in terms
of assisting, it’s not often that young folks from our area,
or even if it’s older people, the opportunity of having the
chance to participate in the Olympics, special types of
activities that may be once in a lifetime and in times of
recognition for this city. Not to say that they will make it
or not. I think on another given note in terms of what we
have publicity in doing, even though we were not asked,
because other financial resources were there, we probably got
more publicity for this city during the NCAA tournament with
Ricky Moore and William Avery than we paid for in all the PR
campaigns that we’ve done or that we’ve bought ads for. And
folks knowing where Augusta, Georgia was other than during
Masters time. But I think we ought to seriously think about
either not doing it ever again in its entirety, and none of
us, all 11 of us, never bring up any special event or any
special person. Now let’s be fair about something. This has
been a pick and choose game ever since it’s been put out here,
as to whether or not we buy banquet tickets from this group,
whether we send somebody somewhere, whether we put a contract
on it, or dealing with it. And I’m kind of like Deion Sanders
in this case. I get a little defensive when it looks like
you’re being all the time the villain. It gets to be a little
different sometimes when the rabbit’s got a gun, too, Ulmer.
We’ve had projects to come up. I can think of ladies’ boxing
that we supported. We supported boxing clubs. Let’s get on
our particulars of where our interests may lie personally and
what we ask this Commission for contributions to. Now each
and every one of us, short termers or long termers, have come
to this Commission and have asked about different things out
of this other account. Let’s be real honest about that. And
either we ought to, Mr. Mayor, get out of the business and
zero it out, don’t even put it in the budget, and deal with
it, but I think to get down there to the last $1200, if they
qualify and if you put together the contract of where we over
in Recreation can put together the type of promotional program
Page 24
with young kids that are there that get a chance to see world
class athletes associate with them, people that come out of
this community and get a chance that they might be able to see
on a worldwide basis, that is not only publicity within
itself, it’s a sharing and an experience for them. But I
think to get in here and start getting into this whose project
is good, whose is bad, I think the answer to that is zero the
total account out when it runs out of $1200, instruct the
administrator don’t put it back in there, and we just won’t
have another account. But I take a little offense when we get
in there and all of a sudden to say we’ve not done this
before. I beg to differ. It didn’t get down to $1200 by us
avoiding it. It was spent somewhere and we’ve had
organizations and individuals that have come with one hand or
both hands out that we’ve given money to, that we’ve bought
tickets for, and other things of that nature. So I just think
it’s a matter of whether or not we want to deal with it or we
don’t want to deal with it. We vote it up or down. But you
know, don’t in the middle of all of everything that’s going on
right now that’s messy, trying to make this one look as though
we’re crossing some line and dealing with something that’s not
legit. I just don’t think that’s a fair thing to be put this
one on. We’ve had them where some of us have bit our tongue
and others, it gets to be strange when it’s not one where it’s
being promoted in certain quarters, then naturally those folk
are going to be against it. And if it’s being promoted, those
are the ones that’s doing it. It’s a beauty and popularity
contest for the most part, it’s drawed the money down. So I
just hope we’ll go on and deal with it. If we’re serious
about not having it and we want to get with it in terms of
gratuity, then that’s another ethical thing, Mr. Mayor. We
can just zero out and we won’t have to worry about dealing
with it ever again. Anybody that comes up, we’re not in that
business, we won’t buy ads to Forbes magazine, we won’t take
cruises down the Savannah River, we won’t buy tickets for the
Red Cross, we won’t do it for Tim Maund’s organization, we
won’t do it for anything that we have to do. We just won’t
put no money over there and then we won’t do it. I think to
get down here to the last part of it, that’s a whole lot of
dog mess.
Mayor Young: Mr. Kuhlke?
Mr. Kuhlke: Mr. Mayor, I find myself kind of split,
which is unusual. I agree with Mr. Mays. I think we ought to
do away with the other account totally. And I also agree with
Mr. Bridges that I think in this particular instance, and if I
read the background information, I may be wrong, but these
young ladies, they need to be commended for what they’ve done,
Page 25
but these young ladies have been out of school for quite a
long time and in my opinion, I don’t know whether they’re
still amateurs or whether they’re professionals, but for us to
be subsidizing professional athletes or people that are doing
this basically for a living, to make a living, I don’t think
is the right thing for us to do. And I think it’s setting a
precedent. On the other hand, I’m one of the ones that
supported, when we donated the money to buy rings for Josey
High School when they won the State Championship. These are
high school kids, they needed the recognition. It was
something that they would keep for a long time. So I would
encourage us not to vote to do this.
Mayor Young: Mr. Bridges?
Mr. Bridges: I was just going to make one comment, Mr.
Mayor, in response to Mr. Mays. While he and I might disagree
over this, disbursing of these funds, I do agree like Mr.
Kuhlke with Mr. Mays that we should not have a Commission
Other Account. I think it’s just been over the years things
that we have not used for Commission purposes. It’s been used
for donations to individual or organizational groups, and I
agree with him. I think it should be done away with in the
next budget.
Mayor Young: Mr. Shepard?
Mr. Shepard: Mr. Mayor, I was going to make that in the
form of a motion that we approve this $1000 and thereafter
abolish the Commission Other Account.
Mayor Young: All right. We have a substitute motion to
approved this.
Mr. Beard: I would just like to clarify one thing.
Mayor Young: Mr. Beard, just one second. Let me see if
we can get a second to the substitute motion.
Mr. Beard: Okay.
Mayor Young: Do we have a second to the substitute
motion?
Mr. Beard: I’ll second it.
Mayor Young: You want to second it?
Page 26
Mr. Beard: Yes.
Mayor Young: Okay.
Mr. Beard: I just wanted to clarify something about the
young ladies, I think I need to clarify. One of them is still
in school and the other one has been out working, but as you
know, to prepare for this is quite a financial burden. And
these two young ladies, they weren’t born with a silver spoon
in their mouth, so it’s kind of difficult for them to survive
out there.
Mayor Young: We have a substitute motion. Duly seconded
on the floor, and that is to approve this and instruct the
Administrator to cease and desist with the Commission Other
Account. All in favor of the substitute motion--
Mr. Handy: I’ve got a question.
Mayor Young: Yes, sir?
Mr. Handy: Why would we have to put approving it as well
as abolishing it, the Account, and not just talk about it. I
mean that’s just two or three Commissioners to abolish the
account. I mean I’m not saying I’m not against abolishing the
account.
Mayor Young: Well, there’s a motion on the floor, so you
have an opportunity now to vote to abolish it or keep it.
Mr. Handy: Well, we’ve got other accounts, too, we might
need to abolish. We might need to look at your account, you
know. We’re talking about finance. We need to talk about all
the accounts, not just this one account.
Mayor Young: I understand what you’re saying, Mr. Handy,
but we have a motion on the floor and it’s a proper motion. If
you want to make some other motions at the appropriate time,
we’ll certainly entertain those.
Mr. Handy: No, I can’t support that. I can’t support
that when you just talking to one account. I can support
$1000 but don’t put the accounts in it right now. Let’s talk
about the account.
Mayor Young: Well, if the substitute motion is defeated
then we come back to the original motion, which is for the
$1000. All in favor of the substitute motion, please vote
aye.
Page 27
MR. BRIDGES, MR. POWELL, MR. HANDY, MR. KUHLKE, MR. J. BRIGHAM
AND MR. COLCLOUGH VOTE NO.
MOTION FAILS 3-7.
Mayor Young: That takes us back to the original motion.
The original motion. Would you repeat the original motion,
please?
Clerk: The original motion is to sponsor $1000 with $500
each to Anita and Donna Howard subject to a contract review by
the attorney.
Mayor Young: Okay, let’s vote on the original motion now.
All in favor of the original motion, please vote aye.
MR. BRIDGES, MR. KUHLKE, MR. J. BRIGHAM, MR. SHEPARD, MR.
POWELL, AND THE MAYOR VOTE NO.
MOTION FAILS 5-6.
Clerk: Item 49: Consider approval of A-NIC contract and
reprogram $1,000,000 in CDGB funds for use by A-NIC to
revitalize targeted low-to-moderate income communities.
Mr. Oliver: If you would like, I would like to give you
a brief synopsis of the contract. I would note that we have
proceeded with the necessary public hearings. This has gone
through the Citizens Advisory Council and they are in
agreement with the terms of it and the areas defined within
this contract. This contract provides $1,000,000 of funding
through our CDBG funding for an area defined to be Walton Way
th
on the north, Laney Walker Boulevard on the south, 12 Street
th
on the west, and 7 Street on east. We would note that this
gives A-NIC the exclusive rights to work in this area and this
was done so that we didn’t get into a situation where Mr.
Mack’s office may be doing certain things and A-NIC may be
doing certain things, but A-NIC will be the exclusive provider
of CDBG services in this area. It provides for up to $100,000
in administrative expenses, with $25,000 to be put up up front
as start-up expenses. Eligible expenses will be submitted
monthly and consequently if there’s $6,000 worth of eligible
expenses, there will be a check written to reimburse the
account for that money up to a maximum of $100,000. This is a
performance based contract. Consequently, each additional
unit up to 100 units, they will receive an additional $1000
per unit in administrative costs and $7500 in hard costs,
meaning they can put $7500 towards any eligible HUD program,
be it an interest rate buy down, be it down payment
Page 28
assistance, be it closing cost assistance. The objective is
to get approximately 100 houses built in the Laney Walker
area. Consequently, if they build approximately 100 houses,
they’ll get $1 million. If they build no houses, the down
side risk is potentially $100,000. They have to encumber all
of the funds within 18 months of date of contract. Funds have
to spent in 24 months. To protect against potential
liability, the contract requires them to carry a $1 million
directors and officers liability insurance. That ensure that
the funds are expended properly. I would note that it carries
the standard provisions as relates to all HUD contracts for
potential conflicts of interest, defines those terms in there
and requires the approval, and the approval will not
unreasonably be withheld for any subconsultants’ contracts
that they may use in performance of these duties.
Mr. Kuhlke: Mr. Mayor?
Mayor Young: Mr. Kuhlke?
Mr. Kuhlke: To get it on the floor, I move approval of
this contract and I also have a question that I’d like to ask.
Mayor Young: All right. Is there a second?
Mr. H. Brigham: I second it.
Mayor Young: We have a second. Mr. Kuhlke?
Mr. Kuhlke: Mr. Oliver, my question is two things. One,
if I read this correctly, the term of this contract is for two
years.
Mr. Oliver: I requires them to encumber the funds in 18
months. In other words, they have to get the units started
and they have to expend all the funds within 24 months.
Mr. Kuhlke: Okay. My question is, is that we are
transferring $1 million to this organization under the terms
of the contract. At the end of this year, what position are
they in from the standpoint of coming back to Mr. Mack’s
department and asking for another million at that point? And
I guess my question is this, they have 24 months to spend this
million dollars. You do have a reporting mechanism in there.
Assuming that they do an excellent job in the first year and
they want to come back and apply for another million dollars,
pass through on the housing is one thing. If they are doing a
bad job and come back, where are we?
Page 29
Mr. Oliver: Well, you all previously approved an
allocation of the HUD funds for the year 2000 and Mr. Mack
explained where those funds are allocated to better than I
can. That allocation will probably change based on final
budget appropriation at the Federal level. There will
obviously be some money that’s recaptured from various
programs, however it will not come up to nearly the $1
million. What you would ultimately have to do if you want to
give them that large amount of money, cause we get about $2.9
million in CDBG money and about a million dollars in home
money, is you would wind up having to take money from some
other agencies ultimately, and Mr. Mack may want to elaborate
on that.
Mr. Mack: I want to clarify one point that Commissioner
Kuhlke brought up. The $1 million is not like we have $1
million in a bank account with CDGB account. The money is
drawn down through an electronic transfer type situation and
then it’s disbursed to the various sub-recipients that we
have. And prior to drawing down any funds to any sub-
recipient or organization, we verify all the invoices and we
also check to see if those funds are eligible prior to drawing
them down. And it’s basically set up on a reimbursement type
situation.
Mr. Kuhlke: Then my question is that this contract is
for a specific amount of money. If there came back in a year
and made another request, would you go through the same
process that we’ve gone through here?
Mr. Oliver: No, what you would have to do is in your
2001 budget appropriation for CDBG money, the bottom line is
you would have to decide what programs are more important, and
you may decide that, for example, you want to give a higher
emphasis to housing, remember that there’s certain
restrictions as to how the money can be spent, but in order to
do that, you are going to have to take money away from other
people that had gotten it in prior years. And I want that
clearly understood because there’s a total pot of money with
so much money, and that amount of money is allocated out each
year through the CDBG process. Now if a portion of that is
not spent, then it carries forward. And this is a carry
forward of some of those expenditures. But all the money has
been allocated for the year 2000 and it’s really going to
depend upon the performance of the sub-recipients and I really
don’t think you’re going to be able to come up with $1 million
without prioritizing the importance of where you feel the
money can be most effectively used by the community.
Page 30
Mayor Young: Mr. Henry Brigham?
Mr. H. Brigham: I’d like to make a comment or two. I’d
like the members to see what we’re getting into because
certainly we don’t want to set ourselves up for failure. We
want to have a shot at being successful.
Mr. Silverstein: Mr. Mayor, members of the Augusta-
Richmond County Commission.
Mayor Young: Give us your name and address for the
record.
Mr. Silverstein: Bernie Silverstein. 2904 Lake Forest
Drive. I’ve been the chairman of A-NIC now for three months.
I’m proud of A-NIC and I believe, gentlemen, this is a wake-up
call in my real experience in community work. Yes, I have not
been involved in housing. I’ve been involved in other
community work and economic development work. I do believe
that we will show you, given the opportunity, in requesting
approval of the million dollars and let us get started. We’ll
show you a successful program of helping citizens who deserve
help and need help that are unable to do this on their own. We
will have rehab housing. We’ll have a mixture of new housing,
fill-in housing. We’ll get rid of a lot of the trash, a lot
of boarded-up houses, a lot of houses that are neglected in
this area, and make this a little role model targeted area.
The myth also about any confusion with my friend, Kevin Mack,
and A-NIC is nothing but a myth. I’ve talked to Kevin. He’s
talked to me. We may be helping the same people in different
areas. There’s room for both of us. I don’t believe I’m in
competition because I believe I’m in a partnership with Kevin
Mack. I am a sub-recipient. I have HUD regulations. I’ve
got city regulations. So I don’t see that as a conflict. I
see this as a positive move for Augusta-Richmond County. And
Mr. Kuhlke, as far as coming back, if we show success and
prove success, people will be coming in here to see this, then
we would like to come back for other areas of Augusta-Richmond
County. Other areas that are mentioned are south Richmond
County, Sand Hill project, and one or two more. So we would
like to do that. Now we also have, I believe the difference
between A-NIC and sub-recipients, and why we will be
successful, is we have partnerships. We have State money
coming in April of $10 million. And we sure don’t want to
jeopardize that. We want to be in partners with the City. We
want to be in partners with the State. We are also going to
have leveraging of private funds. There are other funds
available. Banks is one. And there are other funds available
Page 31
for this program. I still will be going to Chattanooga,
Atlanta, and Charlotte. It’s been done successfully. I want
to see what they’ve done and bring home that information. I
want to tell you I’m not here for no ego. I’ve been a
fulltime chairman. I’m not a passive chairman when I take on
a job. If you’d let me be a chairman of A-NIC and approve
this, approve the $25,000, it's going to be a full
reimbursement after the $25,000. I’ve got to send in the
bills, as Mr. Oliver said. I have no problem with that. We
needed that advance funding. Is it the most in the world?
No. $25,000 out of million? It’s not the most in the world
but I’m taking it. I want to get started. We have not been
able to pursue A-NIC in the areas of moving forward. We
didn’t have the funds. Not criticizing it. I expect you all
to take your time. I expect you all to scrutinize it. I’ve
been grilled, drilled and scrutinized, and I don’t mind the
questions. Mr. Powell said after one meeting, was I too hard
on you? No, you weren’t too hard on me. I’ll either do the
job and you’ll be proud of it if you give me the chance. I
have a great board. We have the resources. Augusta Housing
does not have these same privileges and opportunities, so
there’s room for both. We will show you all something. We
will show citizens something that has not been done in this
area. We won’t want to be here a little, here a little, here
a little. We want to show you what a target area can look
like when we get through with it. And I’ll answer any
questions the best I can.
Mayor Young: Thank you, Mr. Silverstein. Mr. Handy, then
Mr. Powell.
Mr. Handy: I don’t have a question for Bernie, but I do
need to ask Randy. I’ve got a two-part question. I need
those boundaries again.
Mr. Oliver: Okay. It’s defined in the contract as
Walton Way on the north, Laney Walker Boulevard on the south,
thth
12 Street on the West, and 7 Street on the east.
Mr. Handy: Okay. I just missed Laney Walker. Now, who
came up with the boundaries to stop there?
Mr. Oliver: Those boundaries were the ones that were
originally discussed by the Mayor as part of this targeted
neighborhood. There was some discussion, prolonged
discussion, about including potentially two other areas that
Mr. Silverstein talked about. That had gone to the Citizens
Advisory Committee and the Citizens Advisory Committee
indicated that they would like it to focus in one area and to
Page 32
be successful in that one area and they to use that as a
platform. Obviously, if you put 100 houses in an area of
several blocks, that has a lot more impact than if you put a
100 houses in on a much greater-sized area. But the
boundaries are something that if you all feel that there’s a
better geographic boundary representation, then that’s fine.
Mr. Handy: The boundary is still fine. I’m still in the
same area. There’s been a lot of controversy about the inner
city needs to be cleaned up, boarded up, houses, abandoned
houses. You’re right next door to some you’ve missed. Why
th
couldn’t you go to Wrightsboro Road? Why stop at 12 Street?
Why not stop at Augusta Avenue? And then you still have that
same block? You have everything you’re talking about. And
then you will encompass some of District 2 that’s supposed to
be so run down and the worst district in Augusta. So why are
you missing that when you’re right there next to it? You’re
just one street over from it. Why have you got to stop at
th
12 Street when you can go to Augusta Avenue where all these
th
boarded-up houses are? And why stop at 12 Street or Laney
Walker when you can go to Wrightsboro Road and encompass some
of these abandoned, burned-out houses?
Mayor Young: Mr. Handy, if I could address that. The
boundaries were set in a meeting last spring with people
involved in the community. We talked about targeting an area
for housing, and the people in the community helped us
establish these boundaries. And the boundaries are clearly
defined geographic boundaries. If you have too large an area,
then what you put in there is not going to have any impact.
What you have to have is a clearly-defined area and
concentrate in that and then move into the next area from
that. You have to start somewhere. And so this is the place
that the people from the neighborhood that we met with decided
that they wanted to start. Mr. Beard was in on that meeting
and Mr. Henry Brigham from the Commission were also in on that
meeting. This was way back last spring, March or April.
Mr. Handy: Right. I understand that, Mr. Mayor. I
understand what you’re saying way back where, spring, and
that’s why we’re in the position we’re in today, cause if this
was thought about last spring, then this area was excluded
instead of included into the area. And that’s why it is like
it is and that’s why so much controversy has been going on
with the particular area and how dirty it is and all the
burned-up, abandoned houses. So last spring, why wasn’t this
included? I mean you’re just one street over either way.
You’re just one street over either way. So I’m not talking
about going to south Augusta and picking up something. I’m
Page 33
talking about one street north. I mean one street south, one
street west. That’s all I’m talking about. And then why
wasn’t that included? If that’s still so bad an area and
that’s an abandoned area, why that area wasn’t included when
you all was thinking and holding your meeting? That’s what
I’m saying.
Mayor Young: I’m sure Ms. Armstrong will see to it that
we go to the south side of Laney Walker, that we move over to
that area when we finish the target area. J.B.?
Mr. Powell: Yes.
Mr. Handy: No, I ain’t finished yet. I ain’t got my
answer yet.
Mr. Powell: I yield.
Mr. Handy: Why? Why? I mean you all talking now, Mr.
Mayor you’re in on it. Mr. Beard is in on it. Where is the
answer?
Mayor Young: I just explained why, Mr. Handy. We had to
start somewhere and this is the area that we outlined to start
in.
Mr. Handy: But how can you miss abandoned houses and
boarded-up houses one block over and you had to start in an
area somewhere? I mean how can you miss that?
Mayor Young: But we don’t miss it.
Mr. Handy: Oh, you did miss it. You intended to do what
you did, that’s what you’re saying?
Mayor Young: We intended to set the boundaries that have
been set.
Mr. Handy: On your own?
Mayor Young: This group. Not on my own. In this group
we talked about it. As a matter of fact, these are the same
boundaries that we’ve been talking about in every presentation
we did when they had the National Endowment for the Arts here,
all the way down the line we’ve talked about these same
boundaries since last spring. There’s never been any question
from anyone about the boundaries.
Mr. Handy: Okay, well, let me ask you.
Page 34
Mayor Young: I’m not saying it’s improper to question
them. It’s very appropriate to question those, but no one has
suggested that the boundaries be changed. We went over to the
neighborhood and we had two public hearings a few months ago
over there in the Laney Walker neighborhood and talked about
it and no one suggested changing the boundaries at all.
Mr. Handy: Well maybe no one was interested in changing
the boundaries. But I’m interested. Let me ask you one other
question then I’m going to be finished with it.
Mayor Young: Yes, sir.
th
Mr. Handy: 7 Street. That’s encompassing the old
Atlanta Gas Light property, all that, right?
Mayor Young: Yes, sir, that’s in it.
Mr. Handy: Okay. That’s all I got to say.
Mayor Young: If you look at the boundary areas, Mr.
Handy, another reason they were selected is there is already
activity with community investment groups, Canal Authority, I
mean community development groups, Canal Authority, Georgia
Natural Gas Company. There are other activities already going
on in this area and it was thought that the development
corporation could best have an impact in the area where there
are other things going on. The expansion of the Galleria and
so forth.
Mr. Handy: Right. But see Bethlehem Neighborhood
Association is in this area, and one street over is what I’m
talking about. The oldest black neighborhood in Augusta where
there is a lot of need for housing repairs and cleanup. And
then you come one street to the Bethlehem Center and stop. And
then you say the people in the area, they set the boundary.
And I’m just curious about why, if you want to do something
for Augusta, if you want to clean up Augusta, you get one
street over then you stop and leave that mess or junk or
whatever you say out there to be still, you are going to build
up all this new stuff, backed up to this still boarded-up, run
down area and you do nothing about it. And it don’t make
sense.
Mayor Young: Mr. Powell?
Mr. Powell: Are you through, Mr. Handy?
Page 35
Mr. Handy: I yield, I yield.
Mr. Silverstein: I’d like to clarify one thing.
Mayor Young: Come on up to the microphone.
Mr. Silverstein: Just one more I’d like to say about
being the chairman and not on that subject. The article in the
Spirit
about Mr. J. O. White.
Mayor Young: That’s not an issue before the Commission.
Mr. Powell:
Mr. Powell: Yes, Mr. Silverstein, you remember that
question that I asked you after the last committee meeting?
Was I too rough on you? Well, I’m going to have to ask you
that question twice when we leave from here today. I just
wanted to let you know. First of all, I want to start out by
saying I have a lot of confidence in Mr. Silverstein and I
don’t want this to be misconstrued as an attack on Mr.
Silverstein. But I do have some concerns with A-NIC and Mr.
Silverstein and I have talked about some of them. First of
all, Mr. Silverstein, my first concern with A-NIC is we’re
asking for a million dollars here but we have no plan. I
don’t see a plan. No direction. I mean you’re saying between
this area and this area but we don’t see a real clear plan.
And I have a problem with that. Second of all, I have
addressed this to you before and the concern that I’m bringing
to you again about the director that you’ve chosen is not
intended to be a personal attack on you, but my constituents
do have a lot of concerns with that and they’ve asked me not
to support A-NIC with former Mayor DeVaney as the director. I
don’t see any plan. You say that he’s going to be there until
the first of the year. Well, we’re here at November, mid-
November. I don’t see a plan of advertising for that
position. Don’t see a direction. Don’t see anything sending
me a signal that that’s the direction you’re going in. And
I’d like some clarification on that. My people just have
concerns about putting Mayor DeVaney back on the government
payroll. And I don’t mind putting it out there for you
because that’s what I was told. Those two questions are the
main sticking points of why I have a problem with A-NIC. I
definitely think you need some revitalization in that area and
I think you’re probably going to do a good job and be sincere
with what you do. The third question I have is in the
contract, Mr. Oliver, that there was a point in the contract
that the people that are on the A-NIC board are personally
liable. Is that right?
Page 36
Mr. Oliver: That’s why we get the directors and officers
liability insurance. If they make an inappropriate
expenditure that conflicts with HUD regulations, we would be
able to go back against the D&O coverage.
Mr. Powell: Okay, one question for you, Mr. Wall. On
that page there. If they are in a corporation, how are we
going to hold them personally liable? In other words, all
you’re going to hold is the insurance policy, performance
policy, liable?
Mr. Wall: Well, we’re requiring the D&O coverage. I
mean it will have to be an unlawful act or gross neglect on
the part of a director in order for the director to be
personally liable basically. I mean you’ve got to have a
breach of their responsibilities as a director in order to get
to them, and the directors and officers liability insurance
would provide a fund, so to speak, that being the insurance
coverage, in the event that that occurred.
Mr. Powell: How are we going to pay for that insurance?
Who is going to pay for that?
Mr. Oliver: It’s out of their administrative costs.
Mr. Powell: So we’re paying for the insurance that
guarantees that they’re going to be personally liable?
Mr. Oliver: I can’t answer that part of that. I mean
this was discussed because I wanted them to know what they
were getting into. They’ve indicated to me that they have
obtained pricing for that. They are supposed to get, as I
understand it and Mr. Silverstein can correct me, $50,000 from
Bank of America this year, $50,000 for the next four years, so
between the $50,000 this year and $50,000 say in January,
that’s $100,000 plus the $100,000 our cap in admin costs, that
would be $200,000. And the rest of it would be totally based
on performance. I understand that you’re concerned as it
relates to a plan, but the way this contract is drafted, I
view it as if we’re contracting to buy a hundred automobiles
and we aren’t going to pay for those automobiles until they’re
produced. And so this is based solely on production. They do
not get the additional $1,000 or the $7,500 until the unit is
completely either rehabbed or constructed and is sold to a
third party purchaser and the deal is closed.
Mr. Powell: Well, Mr. Oliver, you’re a pretty well-
prepared man, I’ll have to say that for you. If I give you a
million dollars to go do something or if you want a million
Page 37
dollars to do something, what’s the first thing you’re going
to have ready? Ain’t you going to have a plan ready of how
you’re going to spend that million dollars?
Mr. Oliver: I’m going to have a good idea as to how I’m
going to go about it.
Mr. Powell: Well, now Mr. Silverstein, back to you. How
you going to spend your million dollars?
Mr. Silverstein: Let me go to the first part. The
action plan. Which I agree. You all are in business. How
was I going to get an action plan or hire an outside
consultant with zero dollars? No way. I’m not making an
excuse, Mr. Powell. This is how I see it. A lot of managers
and executives have different styles. I don’t feel that I
could have done that and accomplished it in any professional
manner with a professional consultant that I couldn’t even pay
the man, either up front or when he hands it to me. I didn’t
know what was going to be approved today, sir, until a couple
of days ago. I thought I was going to get $200,000. So I’ve
got a hundred. We are going to get the $50,000. We haven’t
got it yet from Bank of America. I don’t know if we’re going
to get it in January, but either way we will have other funds
in April. But we will have an action plan before probably
there’s any construction going on. We have to have it. We
have to have an inventory of the house. We’ve got to see what
taxes are due. We’ve got to see where the city codes are not
met. We’ve got to see about absentee landlords. So that’s
part of the program of what we’ve got to do. A-NIC has got to
do that. Mr. DeVaney. I needed someone for administrative
expenses. And I’ve explained this to Mr. Brigham’s committee.
I’ve explained it to Citizens Advisory. There wasn’t anybody
that I felt at that time on the scene that could do the
administrative work and move, not just paperwork, but there
was HUD regulations. I wasn’t familiar with them. I probably
will never learn HUD regulations. And setting up the Board,
setting up the corporation, doing these fundamental things
that needed to be done. Now he is on until December 31.
You’re right. The other part of Mr. DeVaney is I was not able
to advertise. How am I going to bring in somebody wherever
the region. I expect to advertise in Chattanooga, Atlanta,
and Charlotte and Augusta. How was I going to bring in
somebody, sir, or three people on the short list? I’ve been
on search committees in this town. How am I going to bring in
someone and try to talk them into being a candidate and not
even talk salary or compensation or benefits? Not an excuse.
That’s my style. I didn’t feel like I could do anything until
the city came in with the CDBG grant and get me started. Now
Page 38
that $25,000 we’ll roll it over and live with it as best we
can. We're supposed to get $50,000. That’s correct. From
Bank America. So that was part of that. Now as I felt now
that the year is running out, we didn’t even advertise cause I
couldn’t pay the newspapers. This is not blame, guilt, or
excuses. It’s just my style. We will now get started if you
approve it today. If you’ll give me that check for $25,000
and let me have a bank account. We don’t have an office. We
have an office that First Union has donated. We don’t have a
desk, a telephone, an adding machine, a computer, a secretary.
We have advertised for the secretary. We are going to
advertise as I said three months ago for a director. I want
it on the record and I said this before. I cannot stop Mr.
DeVaney from applying for that job. I can’t stop anybody.
But he’ll have to apply for it. Now the only think I could
see as that came up is he’ll have to go on a month-to-month
situation right now. I can’t be without anybody. That’s all
I’ve got. And I’m going to have to do that.
Mr. Powell: Let me tell you one thing, Mr. Silverstein,
and then I’m going to drop it. Do you know how many people we
could get to come in here with no desk, no telephone, no
funding, wanting a million dollars? We can line them up from
here to the county line. And that’s something, that’s kind of
what you’re asking me to do, is to do that. And I just can’t
support that kind of business.
Mr. Silverstein: Well, if you want rehab housing, if you
want new housing in low-to-moderate income areas, we’re a sub-
recipient as good as anybody else Kevin Mack’s got. We’ve got
a mission. If you want to support the mission, it’s not me or
A-NIC. It’s the mission. A-NIC is an entity that can get the
job done, and it’s up to you all to approve it or disapprove
it.
Mr. Powell: We already have a means of housing
rehabilitation. We have Mr. Mack’s department. But like I’m
saying, and I mean this in no disrespect to you. I’m just
trying to shoot straight to you, Mr. Silverstein. You come in
with no plan, you’re wanting a million dollars. You don’t
have an office, ain’t no telephone and there ain’t no plans,
and I just can’t support doling out a million dollars like
that. If you come back with something decisive, I might could
support it, but I mean there’s 200,000 people in this town.
I’m sure a lot of them would line up for a situation like
that.
Mayor Young: Anybody else? Any discussion?
Page 39
Mr. Shepard: Mr. Mayor?
Mayor Young: Mr. Shepard?
Mr. Shepard: Thank you, Mr. Mayor. I’ll address this
question and I’d like the administrator and the attorney to
make is part of the record, specifically about the conflict of
interest provisions in Article 7, I think paragraph A, just
how extensive is that? There’s a lot of accusations floating
about property from the public, improperly, I think. The
environment we’re in, I think requires that that be on the
record, Mr. Oliver. Tell me about that.
Mr. Oliver: These, what is written here conforms
strictly with federal law. It’s not any broader. It’s not
any narrower. Obviously we can’t be any broader. There is
one provision that’s been left out, but we were told that that
was not something that they wished to avail themselves of.
There is, and HUD regulations rightly so provides, that there
are ways you can get a waiver of conflicts of interest if that
situation arises, cause you may go in and want to do
redevelopment in a total block, but yet there’s a piece of
property that you couldn’t get a hold of. So the waiver
provisions, those provisions have not bee placed in this
contract but it was agreed that nobody foresaw that at that
particular point. But this complies strictly with federal
law.
Mr. Shepard: And you can’t get around this about
contracted through your spouse and your other relatives?
Isn’t that true?
Mr. Oliver: Mr. Wall can answer that better than I can.
Mr. Wall: That’s correct. If you look at the, those
that are tied it, it includes a number of individuals.
Spouse, father, mother, father-in-law, mother-in-law, step-
parent, children, step-children, brother, sister, brother-in-
law, sister-in-law, grandparent, grandchildren.
Mr. Shepard: And the affidavit requirement would apply
to the directors, which would include Mr. Silverstein, I
believe, and officers, employees, which they are now?
Mr. Oliver: As well as the contractors that are going to
do the work or any sub-consultant would have to sign an
affidavit, as well as anybody that they would contract with
going on down the line.
Page 40
Mr. Shepard: And take me back to one other question.
The open meetings, not the open meetings, but the open records
law, what about their applicability?
Mr. Wall: It’s on page 7, subparagraph G. Open records
and disclosure.
Mr. Shepard: So if a person is doing with them, is
subject to the same requirements they would be here at this
body, then, is that correct?
Mr. Wall: That’s correct. Request their records as it
relates to this contract.
Mr. Shepard: Thank you, Mr. Mayor.
Mayor Young: Mr. Mays?
Mr. Mays: Mr. Mayor, I guess a question and a comment.
One to Mr. Wall. In reference to the contract that’s on
board, that relates to their board of directors only? I guess
what I’m alluding to is the fact that I guess whether it’s a
special project like A-NIC or it’s the normal paving of
streets, we don’t get into the process of being penalized, Mr.
Mayor, for where you might live. You know, and I guess I’m
asking that in reference to before we take this particular
vote today. I mean being the only Commissioner that does
reside in the Laney Walker area, and with the second-oldest
family business in that whole designated area, the second-
oldest south of Ellis Street in this town, is there, and I got
written up on page 4-A about asking questions about my
conflict, but I’m honest enough to ask about my conflicts. I
think this is the proper arena to ask them in and I’m going to
ask again is there a problem with me in terms of this vote by
virtue of my living there in Laney Walker, even though the
boundaries that are set forth by this project have nothing to
do, unfortunately Mr. Handy, with where I am at 1221 James
Brown Boulevard. It came right up to my front door and right
across the street from me. I don’t know, maybe I got kicked
in the butt for being there. It’s across the street from me.
I’m not even in it, but I’ve got one deal of being run off
from where I am and fighting y’all in the back again, so I
just want to know if I’ve got a conflict for being there. And
I’m asking that in an open meeting before this body to rule on
that before I vote on it.
Mr. Wall: No, Commissioner Mays, you do not have a
conflict in voting on this issue.
Page 41
Mr. Mays: Okay. That so answered, I’m going to say
this, Mr. Mayor. Briefly. First let me say this. I am going
to vote for the motion that’s on the floor in reference to A-
NIC and get that much out of the way. Do I think we’ve got a
lot of monitoring to do in this whole process of give and
take? Yes. I guess Laney Walker to me is kind of like a tale
of two cities as we sit here today on how we’re going to vote
on A-NIC. Because on one side, I’m happy. On another side, I
think it’s a very sad statement, an indictment, Mr. Mayor, in
reference to not only Laney Walker but of housing in low-to-
moderate income area in this city, period, and direction or
lack of it that collectively, not only the government. I said
last night, and I don’t have a different speech for different
parts of town. Mr. Hawes, our president of Laney Walker
Neighborhood Association, is sitting there next to Ms.
Armstrong and two or three representatives from the
neighborhood that are here today. And I’m glad that they’re
reorganizing that neighborhood, and I want to say this before
voting, to Chairman Silverstein. And I think we have a very
good chairman that will be serving in this group. A person
that is not only intelligent but also somebody that’s got a
heart and got some common sense, too. We are fortunate in
that regard. But I would hope that that Board would work very
closely with the people in Laney Walker and I’m saying this,
Mr. Mayor, I said it on Laney Walker, I’m going to say it on
Greene Street. I have no hidden agenda about making sure that
this neighborhood is reorganized properly, cause I want you to
look at Mr. Hawes real well. Cause Mr. Hawes I consider like
a young brother of mine. But Mr. Hawes and some other folks
is going to raise a whole lot of hell if this situation does
not go down properly, cause they’re going to turn to this
Commissioner and to others in making sure of that. And I’m
going to take my argument, whether it’s to Mr. Silverstein’s
Board room or whether it’s to this Board room and body about
it. But it’s said about happy and sad. Bernie made one
statement that’s true, but we ought to feel bad about it. In
reference to the partnership that’s there, we ought to be glad
that one, Mr. Mayor and I applaud you for putting this on the
front burner, the Administration, but we ought to be kind of
head hung in this city that for so long the old city of
Augusta, despite whatever criticism might have been, was
basically the only financial arm for low-to-moderate income
communities in this city. Whatever was done out of that
office, or it wasn’t done at all. There were no partnerships.
This is the first one and it remains to be seen what this one
is going to do. I’m going out on faith in casting this vote,
but I’m going to tell you right now, my faith I hope is as
long. My patience ain’t real long, cause there are those that
have suffered constantly for the last three decades, since May
Page 42
11, 1970 to be written off in a total area of economic benign
and neglect. And the attitude was of the institution in this
city, they burned down where they lived, let them stay in it,
and that’s the attitude we’re going to take. Nobody has come
forward to help governmental monies to do anything basically
other than folks who might have had some money to come in
those areas. Some areas are fortunate, gentlemen. You can
build one business in them, five more will pop up. It’s like
a domino effect and a chair reaction. We are not necessarily
that fortunate. The one bank we had, it’s gone. It left.
Fortunately, there is an ongoing business in it. It wouldn’t
be there if the government had not helped to assist in putting
that one together. So I’m just hoping and I sit here when I
cast this vote, I’m doing it from the standpoint of having
some money to come into this area beats no money and no
partnership coming at all. But I do think that the people in
this area are going to be very watchful, they are going to be
diligent. I think that the Laney Walker Development
Corporation, along with A-NIC, other areas about it, these are
groups that there needs to be also, Mr. Silverstein, another
working partnership. Because the question was asked last
night and we realize in order to come to the table, that the
banks in this community want to see certain folks at that
table. But we want to also make sure that the people that are
at that table, that they know how to divide fairly and where
they’re delving it out. And the question was asked, none of
us who live here and reside here are on this board, and that’s
still a legitimate question. And I think it’s an obligation
of A-NIC, when we put the money in out of Mr. Mack’s
department, to make sure that they may not be at the very
Board table, quite frankly, that the financial institutions
want to see, but they need to be there in the decision making
process of where you plan with people instead of planning for
people. We are there. We are going to survive. We’re just
like roaches in a nuclear war. Say the same thing I said at
Tabernacle, Mr. Mayor, we ain’t got nowhere else to go. We’re
going to be there basically on Laney Walker. So if this is
going to work, then I think the contract, and I applaud the A-
NIC folks, our Chairman, Mr. Oliver, our attorney, Mr. Mack,
and that committee for working together with Mr. Brigham’s
committee for putting this together, this contract that’s
workable and hopefully livable. To put together so that this
thing can be done. I’m glad for the time, cause I want to
make sure, it may be a blessing in disguise that the
boundaries don’t go in certain places. Cause I think it’s a
good check and balances that if it’s screwed up, we’ve got the
opportunity to come back and deal with it. Cause this is no
plaything. These are folks that are sitting and waiting. Been
waiting a long time for something to happen where nothing has
Page 43
happened. And to come in here now to have to do this in this
manner in order to get it. I don’t mind voting for it, cause
I think it’s the only game in town right now. It’s the one
that we’ve basically got to play. And I told somebody the
other day, Mr. Mayor, I can dance with Satan till midnight as
long as at midnight he goes to hell and I can go home. So we
might be able to get something out of it. So I’m going to
vote for it. But I think that that inner partnership has to
come together and work with these folks in this particular
target area and as we move to other targeted areas, then we
involve the people that also live there, because that’s
important. One ingredient I think you’re going to find is
when you travel to Chattanooga, travel to Atlanta, travel to
Charlotte, anywhere, is that the success stories are going to
be marked by the people that you meet in those neighborhoods
that are working. That you’re going to find some of those
people with an integral part of what went on. Those who live
there and work there. That they help to make the decisions
about what is going to be there and not just folks who had the
look to come in and the proper way to dress and the
established well being. All that’s good. If that’s the game
we’ve got to play to deal with that, hey, I’m on with the
game. Cause it looks like it’s the only one in town. But
there’s a different day out in Laney Walker and I don’t mind
saying it. Yes, I’m a part, I’ve been accused of, yeah.
[inaudible] That’s true, too. And they are going to be
meeting and they growing and they getting larger. And that
group will grow until Laney music hall gets too small to hold
them and go somewhere else. But this is something we’re all
going to have to work together on, and I would hope that those
of us that may not want to support it, give this darn thing a
chance to work for once. And then if we want to turn around
and we want to beat the devil out of it when it doesn’t work,
change it totally around, then let’s do that. But one thing
we’ve got to still remain to do. Let’s make sure that red
lining somewhere dies. We house the public’s money in this
community. We ask folks to contribute to sales tax. And I’m
making this challenge right now. We’re going to be going out
over the course of the next year or two. We can trick some
folks in this deal or any other one that we want to. But
there are some long memories, they are counting, and they want
to see it done. But the flip side of that is if we work with
you and you work with them, and this is successful, the second
road to come in, it will be a heck of a lot easier than the
first one, because I think that way everybody, Bernie, will
want to jump on the bandwagon. I hope we can get this darn
thing passed.
Mayor Young: Thank you, Mr. Mays. Let’s bring our
Page 44
discussion to a close here. Mr. Henry Brigham and then Ms.
Armstrong wanted to address the Commission.
Mr. H. Brigham: Thank you, Mr. Mayor. I won’t dance
with the devil till midnight, but I probably, Mr. Handy, I’m
bordered out of that, too, and maybe it came right across the
street where I am and have been for the last ten years. And
the newspaper this morning said that somebody bought a ticked
in 1996 to an affair at the Civic Center. 400 people there.
And somebody bought a ticket and they say I bought it for that
person cause they bought a $2 ticket. I think that’s
[inaudible] [end of tape one] [picks up on tape two] $7
million. I was against it. Mr. Beard came and said let’s try
it. It will work. And I voted to give to the Radisson Hotel
$7 million. $7 million. I go down there and have lunch down
there. That’s not a conflict. And somebody buys a ticket to
60 or 100 boys and girls out here that can’t live for
themselves and they say that’s a conflict of interest. I
don’t get a dime out of it. Nothing. I retired ten years
ago. I think it’s unfair and if I could get my vote back, Mr.
Beard, I would get it back. They won’t get that $7 million.
If they haven’t got it, they won’t get it. And I think that’s
unfair. If we are chastised and criticized and they came
right up to the door, Mr. Handy, that’s all right.
Mr. Handy: Mr. Brigham, I know, but I know. I have been
catching hell ever since I voted against that $7 million, too,
but I wanted to add that for the record.
Mr. H. Brigham: Well, I voted for it and I’m catching
it. But anyway, I hope that somewhere down the line, am I all
right in voting for this because I think this is a good
project in the area. Our business is in that area, I have
been there for ten years and I hope to stay on there and I
hope that the program that we have there will be there.
Mr. Wall: Commissioner Brigham, you have the right to
participate in the vote on this. You do not have a conflict.
Mr. H. Brigham: Thank you, sir.
Mayor Young: Thank you, Mr. Brigham. Ms. Armstrong? And
then we’ll bring closure to this and move ahead.
Ms. Armstrong: Mr. Mayor.
Mayor Young: Please identify yourself and your address
for the record.
Page 45
th
Ms. Armstrong: Margaret Armstrong. 1308 11 Street. A
member of the Laney Walker Neighborhood Association. Former
City Councilwoman and Former Chairman of CDBG. Mr. Mayor,
fellow Commissioners, I, too, stand here with mixed emotions,
Mr. Silverstein, about this plan. But I can remember back a
few years ago when some of the same people, we were at a
table, fixing to go to a contract bid to do Laney Walker
th
Development Corporation, reneged on us at the 11 hour. But
thank God for another home institution that we were able to
complete our program. Many years I have asked that we do a
plan for this entire community. Talked with Mr. Patty, I’ve
been to Mr. Mack, my other fellow councilmen, and as far as
your program, in Charlotte, I came back here with that same
idea. We went there and we walked and we talked. To no avail
could we get the other financial institutions to come in and
do what we would like to do. I, too, say that we should have
probably gone on the other side. But I want to challenge you
and this Commission if A-NIC is going to do the other side,
you have Laney Walker Development Corporation already in
place, with a track record, could you give us permission and
grant us some money to go on the other side, if you want to
call it the other side of the track, and start working
simultaneously with A-NIC so when A-NIC has complete one side
of our community, the other side too will be completed at
about the same time? That’s all I’m asking right now. That
that same money from CDBG that Mr. Mack has, that you could
program some of that money into that area and though I live
there, I’m on the street that was left out, but I’m supporting
the plan because like he said, we’ve got to start somewhere.
But in the meantime, how many more years that my constituents
on the other side will have to be without when there is no
reason they should? When you already have within that
neighborhood who started this catalyst, that with nothing,
just like you did, so how about you joining and letting us and
getting institutions to program monies to Laney Walker
Development Corporation along with some of that CDBG funds, to
go into that side that Mr. Handy and Mr. Brigham was talking
about and particularly over in the Bethlehem area? Thank you.
Mayor Young: Thank you, Ms. Armstrong.
Mr. Oliver: We have a meeting, by the way, with that
group tomorrow and there is some CHDO money that will be
coming to them and I think as it relates to part of Ms.
Armstrong’s challenge, we’ll be able to meet the challenge and
see if they can produce and subsequently I would expect some
contract to be coming back for Laney Walker, not quite in the
magnitude of this, but something substantial.
Page 46
Mayor Young: Mr. Kuhlke, and then let’s go ahead and
vote.
Mr. Kuhlke: I just want to ask a question in response to
Ms. Armstrong. Maybe Mr. Beard can answer this. It appeared
to me that about a year ago, didn’t we fund $250,000 to Laney
Walker Development Corporation to buy up additional property
for the expansion?
Mr. Oliver: That’s the CSRA Business League. That was
funded with. As I say, we’re going to be meeting with Laney
Walker Development Corporation, I think it’s tomorrow.
Mr. Beard: I think they’re about to get started on that,
Mr. Kuhlke. Between the Business League and Laney Walker
Development Corporation, I think they have an understanding,
are working together on that and they are working on that, and
I think that we will see some progress in that very soon.
Mayor Young: But there are also some lots across from Mr.
Mays’ funeral home, in that subdivision over there, and Laney
Walker Development is waiting on the release of some money
from HUD for that. Is that not correct, Mr. Mack? And that’s
your meeting you’re talking about, Randy?
Mr. Oliver: We have a meeting tomorrow. We’ve got some
ideas that we want to discuss with them. I think it would be
premature to discuss those today.
Mayor Young: Sure. Okay. We’ll move ahead with the
order of the day.
Mr. Handy: Could I ask one question? Short. Short.
Mayor Young: Yes, sir, Mr. Handy.
Mr. Handy: Was this meeting brought to my attention
after I said what I said or you were going to have a meeting
tomorrow regardless of what I would have said?
Mr. Oliver: No, the meeting has been scheduled for some
time.
Mr. Handy: Well, I wish you would have never brought it
up. It doesn’t sound right, you know, bringing it up at this
point.
Mr. Oliver: This is money, remember that according to
HUD regulations, 15 percent of your money has to be given to
Page 47
CHDO. We only have two CHDOs.
Mr. Handy: I know. I’m not complaining about that. But
I said it would sound much better if you hadn’t of mentioned
that because you’re trying to pacify me now, that’s what I’m
saying.
Mr. Oliver: All I can do is tell the facts, Mr. Handy.
Mayor Young: Mr. Handy, you’re drawing a lot of attention
to it. Well, we have a motion on the floor to approve this.
It’s been duly seconded. We’ve had ample discussion on this.
All in favor of the motion, please vote aye.
Mr. Beard: Mr. Mayor, would you let the record show,
reflect that I abstain on that.
Mr. Handy: Do you need my vote to make it pass? I don’t
want to hold up progress? Well, I’m not going to hold up
progress, but I just want to make sure that what I said be on
the record, and I want to hear it again on tape, Ms. Bonner, I
want to hear exactly what I said, the way I said it, because I
do believe that this was designed to exclude District 2 and I
mean it from my heart. And I’m going to give you my vote, but
you know how I feel about it.
MR. BEARD ABSTAINS.
MR. BRIDGES, MR. J. BRIGHAM AND MR. POWELL VOTE NO.
MOTION CARRIES 6-3-1.
Mayor Young: We have some items that are going to take up
some more time, so why don’t we take a short recess. Let’s
take a five minute recess and then we’ll reconvene.
[Recess]
Mayor Young: Back in the meeting. The record will
reflect that Mr. Mays out the room.
Clerk: Item 51: Motion to approve a request by License
& Inspection to renew all current alcohol beverage license
holders located in Augusta-Richmond County for the year 2000.
This request includes all dance hall and Sunday sales
licenses. Districts 1 thru 8. Super Districts 9 and 10. (No
recommendation Public Services Committee November 8, 1999)
Mayor Young: Do we have a motion?
Page 48
Mr. Handy: I so move.
Mr. Shepard: Second.
Mayor Young: Motion and second. Any discussion? We do
have one on the list that is in the name of a deceased person.
I think we might ought to pull that and have that come back at
the appropriate time.
Clerk: Do we know that one?
Mayor Young: Yes, it’s the Augusta Port Authority. The
applicant on here is deceased.
Clerk: Okay. Ms. Fox.
Speaker: [inaudible]
Mayor Young: Is there some reason this is taking so long?
It’s been some time now.
Speaker: We’ve been working with them.
Mayor Young: Mr. Powell?
Mr. Powell: Mr. Mayor, just like to ask the County
Attorney if you have any immediate family that has an alcohol
license, do you need, do I need to abstain on this?
Mr. Wall: On that one.
Mr. Powell: Okay. I just abstain on them all.
Mayor Young: Any questions? Any comments?
Mr. Kuhlke: I’m not sure whether I got anybody.
Mr. Beard: What do you mean by immediate family? How
far is that? That needs an explanation, Jim, because I have--
Mayor Young: Let’s go back to the A-NIC contract and
conflict of interest and use that one.
Mr. Wall: Well.
Mr. Beard: Well, I don’t think you would get any votes.
Mr. Oliver: This will be a dry county.
Page 49
Mr. Powell: We wouldn’t want to do anything unethical.
Mr. Beard: Some of us on the CDBG Board.
Mr. Wall: Well, being on the CDBG board would not be a
problem.
Mr. Beard: Okay, but the other. How far are we going?
I mean what type relatives are we talking about? Cousins?
Mr. Wall: No, we’re not talking about cousins.
Immediate family. I was trying to see if there was any
specific provision, but it would be your wife or children.
Mr. Beard: Oh, okay.
Mr. Wall: Be limited to spouse or children.
Mr. Beard: Okay. Just need to know cause I don’t want
to be written up tomorrow.
Mayor Young: Any questions? Mr. Shepard?
Mr. Shepard: Mr. Mayor, I think there are some folks
here who want to address specific licensees and I don’t know
when you want to recognize them, but I just see them in the
audience.
Mayor Young: Let the record show Mr. Mays has joined us.
Is there anyone in the audience who wanted to address any
specific licenses? If you’ll go ahead and come forward now.
Give us your name and address for the record.
Mr. Watkins: My name is Tom Watkins. I live at 310
Greene Street. And what I’d like to do is, believe it or not,
I’m not here to criticize the Commission or any individual on
the Commission or anybody in the government at this time. But
I’m asking for your assistance and I’d like for you to really
sort of brainstorm this with me. And I’m not saying that this
problem is the result of the dancing clubs on Broad Street.
I’m not sure if it matters whether it’s a square dance club or
a curve club. We may have the same problem. But we’ve got a
subculture spin-off going off for the past three or four
years. It’s just become absolutely bizarre. And it’s not an
Olde Town problem. It’s an Augusta problem. So don’t think
this is an Olde Town problem. If you look out your window
right here, you’ll see the drunks starting to gather across
from Gurley’s, at the stone wall. This is right here in view
Page 50
of the whole city. We talk about, Mr. Mays talks about Avery
bringing people to Augusta, and that’s wonderful. So the
people come and what do they see right here within this area?
They see derelict drunks. We’ve got tremendous problems with
crack cocaine and prostitutes all over this area. They are in
front of these clubs on Broad Street. I don’t believe for a
minute that the club owners have anything to do with them. And
like I say, it could be a square dance club out there and
maybe it could attract the same sort of people. I don’t know.
But I would like to propose that some sort of board be formed
with a neighborhood person, somebody in the police department,
perhaps a club owner, and perhaps one of these attorneys that
represent these club owners. We’d certainly welcome them to
be on the board to get a handle on some of these problems that
may or may not be spun off from these clubs. I’m not saying
that they are, but we’ve got a tremendous problem for the past
three years in this area of derelicts, crack cocaine, and
alcoholism, and people roaming the streets, and it’s a real
problem and I’m asking for your help. What can we do? What
can we do? And we’d appreciate you brainstorming that and I
will just leave it at that. Any ideas that you have, I would
be happy to help with if I can.
Mayor Young: Any further discussion on the motion. Go
ahead and call the question. All in favor of the motion,
please vote aye.
Mr. Bridges: Mr. Mayor, can I have some clarification?
What is the motion we’re addressing? Is the motion to
approve?
Mayor Young: To approve.
Mr. Bridges: I understand.
Mr. J. Brigham: Mr. Mayor?
Mayor Young: Mr. Brigham?
Mr. J. Brigham: I’d like to also, while I voted for the
approval of the license, I’d like to be recorded against all
alcohol licenses being held by the adult entertainment
establishments.
Mayor Young: The record will so reflect that.
Mr. Bridges: Ms. Bonner?
Clerk: Yes, sir?
Page 51
Mr. Bridges: Could I have the record show that I voted
against the Sunday sales licenses?
MR. POWELL ABSTAINS.
MR. J. BRIGHAM VOTES NO ON ALL ALCOHOL LICENSES FOR ADULT
ENTERTAINMENT ESTABLISHMENTS.
MR. BRIDGES VOTES NO ON ALL ALCOHOL LICENSES FOR SUNDAY SALES.
MOTION CARRIES 9-0 WITH ABOVE EXCEPTIONS.
Clerk: Item 52: Discuss a request by Augusta-Richmond
County License & Inspection Department for a hearing to
consider the possible probation, suspension or revocation of
the business license held by Awesome Scents located at 3351
Wrightsboro Road for violating the Augusta-Richmond County
Code Chapter 4. Massage, Massage Parlors and/or Health Spa.
District 3. Super District 10.
Mayor Young: Mr. Wall?
Mr. Wall: I think each of you have a statement form from
the Richmond County Sheriff’s Department. I would point out
that at the time this license was applied for, it was not
applied for as a massage parlor. It was applied for in
indicating that they would be doing retail sales. Mr. Walker
with the License & Inspection Department actually visited the
business sometime after they were opened because he became
aware of the fact that they apparently were intending to offer
massages and he indicated to them that they did not have a
massage parlor license and there are specific provisions in
the Code that they must comply with in order to have a massage
business. And he cautioned them about that. Subsequently he
got additional information about their doing, performing
massages at the location, and you have the statement from the
deputy who went in there and a massage was offered, money was
exchanged, tip was given, and so this is a violation of their
license. They basically falsified the application as far as
the type of business that would be conducted there, as well as
the activity that went on there.
Mayor Young: Mr. Wall, we don’t all have a copy of that
statement. Are there some other copies available?
Mr. Handy: I don’t have the statement. I have the
license write-up but no statement from the officer.
Mayor Young: Thank you. Is that all, Mr. Wall?
Page 52
Mr. Wall: Insofar as this one is concerned.
Mayor Young: Okay. Stewart, you want to come up and talk
to us about this? Are you making a specific recommendation to
the Commission? I see the caption on the agenda is probation,
suspension or revocation. Do you have a specific
recommendation?
Mr. Walker: Recommend revocation of the license. They
misrepresented the application. And I notified them. I don’t
know if anybody is here from Awesome Scents. I sent a letter
to the last known address in South Carolina and it was
returned. I carried one up to the store [inaudible]. I don’t
see them present. I recommend revocation.
Mr. Handy: I move for approval.
Mr. Shepard: Second.
Mayor Young: We have a motion to revoke the license and a
second. All in favor of the motion, please vote aye.
MR. POWELL OUT.
MOTION CARRIES 9-0.
Clerk: Item 53: Discuss a request by Augusta-Richmond
License & Inspection Department for a hearing to consider the
possible probation, suspension or revocation of the business
license held by Paradise Spa located at 2601-D Deans Bridge
Road for violating the Augusta-Richmond County Code Chapter 4.
Massage, Massage Parlors and/or Health Spa. District 5.
Super District 9.
Mayor Young: Mr. Wall?
Mr. Wall: Mr. John Fleming is here representing the
license holder. I think each of you have the statement from
the Richmond County Sheriff’s Department.
Mayor Young: No, sir, we don’t. Okay, we’ve got it here.
Thank you. Go ahead, Mr. Wall.
Mr. Wall: And in discussing it with Mr. Fleming, it’s my
understanding that they will not contest the admission of this
form into the record insofar as describing the action that
took place on October 21, 1999 and unless someone has a
specific question or desire that I read any part in there, I
think the activity is pretty well described, and based upon
Page 53
that, I don’t know if Investigator Berry or anyone else has
anything they want to add to it or not.
Mayor Young: Mr. Walker? Mr. Walker, again going back to
the caption on the agenda, do you have a recommendation for
probation, suspension or revocation?
Mr. Walker: I have recommended revocation.
Mayor Young: Okay. All right. Let’s hear from the
investigator, if we may.
Inv. Berry: [inaudible] The owner was not present. I
have spoken with Mr. Fleming and the employee has been fired
and they also lost town, so we don’t have a problem with
probation. [inaudible]
Mayor Young: Have you ever had a case out at this
establishment before?
Inv. Berry: No, sir.
Mayor Young: Mr. Fleming, did you want to address the
Commission?
Mr. Fleming: [inaudible]
Mayor Young: You go right ahead, Mr. Fleming. I think
your meter is still running, isn’t it? Go ahead.
Mr. Fleming: I represent [inaudible] She [inaudible]
about 50 miles south of [inaudible]. Married an American in
the Army, came here. He died about two years ago. She’s been
in this business three years. She first started operating on
Gordon Highway, then she moved over to Deans Bridge Road where
she entered into a five year lease with Cliff Channell. Cliff
called me earlier, well, last week and said he couldn’t be
here. He was going to say a few words in her behalf.
[inaudible] spend about $50,000 in remodeling the building and
furnishing the building. As I said, she had no problems
before. She herself doesn’t do any of the work. She has two
girls that work for her. This one particular girl had been
there less than a month, maybe 20 days or something, and
certainly she committed some improprieties [inaudible] and she
was immediately fired and she’s gone back to Texas. So this
is Ms. [inaudible]’s means of support. She doesn’t speak
English well. [inaudible] and I’m asking you if you would to
consider something short of revocation and take the
recommendation of the Sheriff’s Department for probation.
Page 54
[inaudible] last three years and she’s a very charitable
person. She donates to almost everybody that comes through.
Any agency in the area. And if you would consider putting it
on probation, I’m sure you wouldn’t regret that. I think it’s
the fair thing to do.
Mayor Young: Anybody have any questions?
Mr. Handy: I have a question, Mr. Mayor.
Mayor Young: All right, Mr. Handy.
Mr. Handy: Is this the same business that used to be on
Gordon Highway right in front of Kmart?
Mr. Fleming: I’m not sure about that. There are two
Paradise Spas, one now located, I think, on Wrightsboro Road.
And this one. This is on Gordon Highway but this lady has had
the license for the last three years and she’s had no
problems. I am not familiar with the property before she got
there.
Mr. Handy: One of these with the same name, we done had
problems before.
Mr. Wall: It was back in 1995. It was a different
location, different owner. Different entity.
Mr. Handy: Well, how did they get the same name?
Mr. Wall: Well, we shut the other place down, so I don’t
know.
Mr. Handy: That’s what the lingerie place?
Mr. Wall: No, it was a massage parlor as well.
Mayor Young: Mr. Bridges?
Mr. Bridges:
Mr. Mayor, I think our neighboring county
sent a strong message in regards to they are not going to
tolerate this kind of activity going on. I think we should
send the same message. I believe employers are responsible
so I make a
for their employees and overseeing the activities,
motion that we revoke the license of this business.
Mr. Handy: I will second that motion. I can’t see that
it’s the same people, same name, different people, different
Page 55
location. They should have changed the name, then the
Paradise would have never came up and I might have overlooked
it.
Mayor Young: Is there any further discussion? We have a
motion on the floor. Go ahead and call the question. All in
favor of the motion to revoke the license, please vote aye.
MR. H. BRIGHAM ABSTAINS.
MOTION CARRIES 9-1.
Clerk: Item 54: Motion to approve Letter of Intent
between Augusta and Garrett Aviation as set forth in the
Letter of Intent dated November 9, 1999.
Mr. Handy: I move for approval.
Mr. Powell: Second.
Mayor Young: Motion and second. Any discussion? All in
favor, please vote aye.
MOTION CARRIES 10-0
.
Mayor Young: Mr. Wall, thank you for working on that.
You did a good job for us on that.
Clerk: Item 55: Consider the following for appointment
or re-appointment to fill three (3) vacancies on the Downtown
Development Authority - Seats II, VI & VII:
A. James E. Carter, III
B. Jeffery Gorelick
C. Vincent Hamilton
D. Bill Kuhlke
E. Penland Mayson
F. Bill Thompson
Mayor Young: Select three out of the list.
Mr. Powell: I nominate Bill Kuhlke.
Mr. Beard: Why don’t we just go down the line and vote
on each of them? This is what we’ve done in the past.
Mr. Powell: Okay.
Mayor Young: Let me first ask are there any other
Page 56
nominations to add to the list? If not, we’ll just go ahead
and vote down the list, then.
Clerk: Mr. James E. Carter, III.
Mayor Young: All in favor of Mr. Carter, please vote with
your green light.
(VOTE ON JAMES E. CARTER, III)
MR. SHEPARD ABSTAINS.
MOTION CARRIES 9-1.
Clerk: Mr. Jeff Gorelick.
Mayor Young: All in favor of Mr. Gorelick, please vote
with your green light.
(VOTE ON JEFFERY GORELICK)
MR. H. BRIGHAM, MR. SHEPARD AND MR. HANDY ABSTAIN.
MR. POWELL, MR. BRIDGES, MR. J. BRIGHAM AND MR. KUHLKE VOTE
NO.
MOTION FAILS 3-4-3.
Clerk: Vincent Hamilton.
Mayor Young: To vote for Mr. Hamilton, please push your
green button.
(VOTE ON VINCENT HAMILTON)
MR. H. BRIGHAM ABSTAINS.
MR. POWELL, MR. SHEPARD, MR. BRIDGES, MR. J. BRIGHAM AND MR.
KUHLKE VOTE NO.
MOTION FAILS 4-5-1.
Clerk: Mr. Bill Kuhlke.
Mayor Young: If you want Mr. Kuhlke to serve, please push
your green light. Mr. Mays is still thinking about it.
Mr. Mays: What I wanted to ask, Mr. Mayor, in fairness
to my colleague, in reference to two things, is this an
official position or is this ex-officio position?
Mr. Wall: [inaudible]
Mr. Mays: That we appoint one person?
Mr. Wall: [inaudible]
Page 57
Mr. Mays: I just didn’t want him to have no conflicts.
Before I vote for him, I wanted to know, cause I didn’t want
him to get hooked up in no mess he couldn’t get out of.
That’s all I wanted to make sure. We had such a controversy
about folks sitting on more than one board.
(VOTE ON BILL KUHLKE)
MR. KUHLKE ABSTAINS.
MOTION CARRIES 9-1.
Clerk: Pen Mayson.
Mayor Young: All in favor of Pen Mayson, please vote aye.
The green light.
(VOTE ON PENLAND MAYSON)
MR. MAYS ABSTAINS.
MR. BEARD, MR. POWELL, MR. BRIDGES, MR. H. BRIGHAM, MR. KUHLKE
AND MR. J. BRIGHAM VOTE NO.
MOTION FAILS 3-6-1.
Clerk: Mr. Bill Thompson.
Mayor Young: All in favor of Mr. Bill Thompson, please
vote with your green light.
(VOTE ON BILL THOMPSON)
MR. MAYS NOT VOTING.
MOTION CARRIES 9-0.
Mr. Mays: I have to qualify myself, Mr. Mayor. One of
the ordinances that Mr. Wall might draw up, you know this man
loans money, and it’s in there about loans, so I want to make
sure these fellows don’t go back and borrow no money from over
there.
Clerk: The vacancies are filled by Mr. Carter, Mr.
Kuhlke, and Mr. Thompson.
Mayor Young: The addendum agenda?
Clerk: Addendum items:
Item 1: Motion to accept the resignation of Al Ferguson
from the Personnel Board.
Page 58
Mr. Handy: I so move.
Mr. Shepard: Second.
Mayor Young: Motion and second. Any discussion? All in
favor, please vote aye.
MOTION CARRIES 10-0.
Clerk: Item 2: A request from Cecil E. McCollum, Sr.
Regarding his tax exemption status.
This item was presented in Finance with no recommendation
coming from Committee. Meg Woodard is here representing the
Tax Assessor’s office regarding this item.
Mayor Young: Meg, you want to lay the groundwork for this
request?
Ms. Woodard: [inaudible] homestead exemption on
September 27 of this year. The deadline for filing for
homestead exemption is January 2 through April 2. On September
28, we wrote him a letter to that effect and explained to him
that Georgia law has no provision for extending the deadline
and since the application was received after the April 1
deadline, we were unable to accept it [inaudible]. He has a
regular homestead exemption. He is trying to get a double
homestead exemption and it is necessary to come in a apply for
that homestead allowed by law. We explained that he did not
know anything about the exemptions. The tax commission
[inaudible].
Mayor Young: Thank you. Would you like to speak to
this? Give us your name and address for the record, please?
Mr. McCollum: My name is Cecil McCollum. I live at 5027
Westbrook Road in Augusta and I am attempting to recover
overpaid taxes which I made to Augusta-Richmond County through
no fault of my own. This property was mortgaged through
Georgia Railroad Bank in 1969. It was later transferred to a
company in Jacksonville, Florida. This loan was paid off
January 11 of this year. 1999. I did not have the option of
paying my taxes because I had a VA loan. It had to be paid
through the escrow account. The money for taxes and insurance
were both paid through escrow account by law. As my home was
paid for in January of ’99, I did receive my very first tax
statement from the City County Commissioner in late September
of this year. Upon receiving this tax bill, I discovered I
was eligible for another tax exemption from school taxes as
Page 59
provided by law upon reaching the age of 65, which I’m now 67.
I was born in 1932. Since I had no prior knowledge of this, I
went to the Tax Commissioner’s office and requested the
exemption as the little lady said. I filled out the paperwork
and was told that Mr. Saul would deliver the request to the
Board of Assessor’s office, which he obviously did. This
request was denied by letter, which I received a few days
later. After the denial, I appealed to the Finance Committee
of the City County Commission and was told I should come here
to the full Commission. The tax statement I received in
September of ’99 was the first and only tax statement I have
received over a 30 year period concerning the taxes on this
property from this City County tax office. A friend of mine,
who I talked to back in September, likewise has his home
mortgaged by VA loan. It is not paid for. I asked him does
he ever receive a statement. He said positively not. I asked
him again this morning before I came here. He said he still
has not received a tax statement. The way we get our taxes is
through the mortgage company. We do not get them from Jerry
Saul’s office. I get a lot of stuff from Jerry Saul’s office.
Car tags, etc. That kind of stuff. But I had not received a
tax statement concerning this property and at the age of 65 I
had no knowledge of it. Therefore, I humbly request that this
be approved.
Mr. Bridges: Mr. Wall, if we go back and give him these
previous two years, is that within the three year limit that
the law allows?
Mr. Wall: It’s within the three years that the law
allows insofar as refunded taxes. I guess the distinction, if
it is a distinction, is the fact that there is a deadline for
filing a homestead exemption, which he did not meet and he
says he’s 67 so I’m sure he would qualify for. But yes, it is
within the three year period that you could refund the taxes
the two years that he’s talking about.
Mr. Bridges: In previous, as far as setting a precedent,
in previous actions where it was not the fault of the property
owner, haven’t we consistently gone back and credited those
taxes? I know this is probably the first situation I know of
where this particular situation has come up, but in all
situations where it was not the fault of the taxpayer?
Mr. Wall: Yes, generally in the situations where taxes
were paid and it was not the fault of the taxpayer but was an
error that was made in the tax assessor’s office or the Tax
Commissioner’s office, we have refunded the taxes.
Page 60
Mayor Young: Do you have a motion you’d like to make?
Mr. Bridges: I’d make a motion we approve the refund of
taxes for the two years requested.
Mr. Handy: Second.
Mayor Young: Motion and second. Mr. Shepard?
Mr. Shepard: Mr. Wall, missing a deadline in your
opinion is not the fault of the taxpayer?
Mr. Wall: Well, I think it is the fault of the taxpayer,
and Mr. Sears, in the Finance Committee pointed out that it
was their practice and maybe this gentleman did not get a
notice, but it was their practice to send out notices such
that the taxpayer should have received a billing. And I
understand he says that he did not, but clearly it is the law,
you presume to know the law, he should have received a notice
from the tax office which would have clearly spelled out the
deadlines for filing homestead exemption. There is no
indication that the county made an error, and so yes, in the
normal analysis of it, say that it is a taxpayer error and not
a county error.
Mayor Young: Mr. Kuhlke?
Mr. Kuhlke: Mr. Mayor, I’ve just got one question. What
he’s asking for is a refund on school taxes, and we are a
collection agent for the school and those funds are passed
through to the school board. And what position are we in in
refunding money that actually goes to the school board and
doesn’t come to the county?
Mr. Wall: Well, basically the school board allows us to
make those decisions, particularly where it’s a small dollar
amount. I’ve talked to Pete Fletcher in the past. If we were
talking about large dollars, they would like to be informed
and consider it directly. Otherwise, they rely upon this
board to make those decisions. It would be deducted from the
payments to the school board in the event that you chose to
make the refund.
Mr. Kuhlke: How much money are we talking about over the
two years? Are you saying we have a recourse back to the
school board on this?
Mr. Wall: Yes, it would be deducted from the
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distribution to them.
Mr. Kuhlke: That’s all I need to know.
Mayor Young: Any other discussion? Mr. Shepard?
Mr. Shepard: Would the maker of the motion make that a
part of the motion that we deduct it from the school board’s
payment?
Mr. Bridges: I’ll accept that, yes.
Mayor Young: Any further discussion? We have a motion on
the floor. All in favor of the motion, please vote aye.
Mr. Kuhlke: Mr. Mayor?
Mayor Young: Yes, Mr. Kuhlke?
Mr. Kuhlke: I ask the question and I see North back
there. In situations like this, North, do we not send out any
notifications at the beginning of the year or do any kind of
advertising in the paper at the beginning of the year to make
people aware at an appropriate time so that they--I know that
you send out the tax bills, but we don’t get those, like he
said, until September or something like that. But wouldn’t it
be a good policy if we in fact did let the general public know
that once they reach 65 that they get a double exemption? Or
maybe you do that.
Mr. Williamson: We put a notice, in fact I think there
are two notices now that I think about it, published in the
newspaper each year reminding people to file for homestead
exemption and what the dates for filing are.
Mr. Kuhlke: But is there anything put in there that
they--
Mr. Williamson: Probably not specifically because there
are so many different exemptions. It was be quite an
extensive advertisement. But for 15 years, we have sent what
we call a zero balance bill, which is exactly the same tax
bill that everybody that is non-escrow gets. It shows the
amount that was paid by the mortgage company and it shows a
zero balance. On the back of that bill, it tells you all
about homestead exemption. What’s available. Who qualifies.
When to apply. Been doing it for 15 years.
Page 62
Mr. Kuhlke: And when does that go out?
Mr. Williamson: It goes out usually the first part of
January.
Mr. Kuhlke: And you said you never got that?
Mr. McCollum: I have never in my whole life gotten one.
Now I did get one this year. He’s right. On the back there
it’s printed that over 65 you get this exemption.
Mr. Kuhlke: I know, but the reason you got that this year
is because your mortgage had been paid off.
Mr. McCollum: Right. But prior to this year, no, sir, I
had never, and my friend likewise, who I talked to again this
morning, he said he has never, and his home is still
mortgaged, he’s been in it 16 years. I was in mine 30 years
in August.
Mayor Young: Let’s move along. We’ve already vote. Mr.
Powell, would you like to vote. Mr. Mays, did you want to
vote?
Mr. Mays: I thought I did.
Mayor Young: It didn’t come up. There we go.
MR. BEARD VOTES NO.
MOTION CARRIES 9-1.
Mr. McCollum: I do appreciate it. And let me tell you
all one thing. Your jobs are safe. I don’t want your jobs.
Have a good day.
Mr. Powell: We can get you qualifying time mailed to
you.
Clerk: Item 3: Motion to approve the lease agreement
between Unitarian Fellowship of Augusta, Inc. and Augusta
Richmond County Commission for property located adjacent to
Fire Station #9 consisting of 0.16 acres.
Mr. Kuhlke: I so move.
Mr. Shepard: Second.
Mayor Young: Motion and second. Any discussion? All in
Page 63
favor, please vote aye.
Mr. Handy: Whoa. Where is 9 at?
Mr. Powell: Jackson Road in front of the First Baptist
Church.
Mayor Young: For a dollar a year.
Mr. Handy: No problem. I didn’t know my numbers, that’s
all.
Mayor Young: Please vote aye if you’re in favor.
MR. H. BRIGHAM OUT.
MOTION CARRIES 9-0.
Clerk: Item 4: Resolution supporting the impaneling of
a special grand jury regarding the operations of Augusta
Richmond County.
Mr. Handy: I so move.
Mr. Powell: Second.
Mayor Young: Motion and second. Any discussion? Mr.
Shepard?
Mr. Shepard: Mr. Mayor, I’m in favor of the resolution,
but what I think we should do with the recommendations we have
in hand that relates to policy areas such as pay raises, such
as hiring and purchasing, I think those topics should be
placed on our committee agendas and let those be handled by
the committee process. I think we’ve been the recipient of
some direction from the Grand Jury in those areas already.
While it’s not part of the motion, I think we should put those
specific issues that relate to those committees on the
committee agendas in the coming weeks and go ahead and address
those.
Mayor Young: Thank you, Mr. Shepard. That’s good advice
there. Anyone else? Yes, Mr. Mays?
Mr. Mays: I agree with Mr. Shepard on that. But one
thing, not to take the chairman’s job, but we wanted to make
sure even though we know we can’t upstage the Court and the
judge in terms of the time frame on how long the special Grand
Jury may be empanelled, the committee unanimously felt it was
Page 64
important that this particular situation either do one of two
things, either get on or get behind us. And we wanted to make
sure that the Commission will support that from the standpoint
that we still do, in spite of what some folks may think, we
still have a city that we’re policy makers of and that we have
to make decisions and we need to move on with it. The daily
process has to continue. I think that the quicker we get to a
resolution of this situation so that this does not continue to
be an ongoing saga of some type of soap opera any and every
day, about the guessing work of what may be or what may not
be, and to move this on. So we’re totally in favor, just as
you’ve made the statement the other day, this committee is and
I hope the full Commission will be in terms of moving this on
in a timely basis, that we can get to the bottom of it, things
can be either cleared up or dealt with, wherever those chips
may fall. But it needs to be brought to some type of summation
so that fact can be separated from fiction and that those
things can be properly dealt with and that we can continue to
move on with the general operation of this city, and we hope
that the Commission will support the committee’s decision.
Mayor Young: Thank you, Mr. Mays. Mr. Beard, then Mr.
Powell.
Mr. Beard: I’m going to vote for the ordinance, but like
Mr. Mays, I would like to be more specific in that because I
think a time line should be set and that I think if we’re
going to do this, we ought to talk about a time line because
these things, as I understand them, they could go on forever,
and if there have been any wrongdoings, I thing this
suggestion would be carried over to whoever is going to
empanel on this and I think we ought to go on record as
stating that whoever empanel this, there need to be a time
line established, that we go on record supporting that time
line, because when we appoint, it’s my understanding when you
appoint this, that it could go one forever, and I think that
it’s enough been said out there that whatever is brought,
needs to be brought to light and dealt with and get it over
with, but I don’t that should be something that be hanging
over this Commission head for the next year or the next two
years.
Mayor Young: Mr. Powell.
Mr. Powell: Mr. Mayor, fellow Commissioners, there’s one
thing that, you know, I do support getting all these issues
resolved. I’ve seen this Commission go through two Grand
Juries and I hadn’t seen a Commissioner up here leave
handcuffed or shackled yet. I don’t think there’s a fear up
Page 65
here about a Grand Jury. But one thing I’d like to clarify is
that we don’t have the power to call for a Grand Jury. We
don’t have the power to state a time frame for a Grand Jury.
The Chief Judge is going to do what he wants to do anyway. So
I just want to put that out there as a matter. Anything that
we say here is yes, we can support it, and I think everyone
here supports getting all this cleared up, and that’s fine.
But we don’t have any power to put a deadline on it and we
don’t have no power to assemble it. That’s something that’s
going to come from the Chief Judge’s office.
Mayor Young: Any further discussion? All in favor of the
motion, please vote aye.
MOTION CARIES 10-0.
Clerk: Item 5: Motion to approve a Resolution
subscribing to the Certified City of Ethics Program of the
Georgia Municipal Association.
Mr. Handy: I so move.
Mr. Shepard: Second.
Mayor Young: Motion and second. Any discussion? Mr.
Powell?
Mr. Powell: Yes, Mr. Mayor. This is an item that came
up earlier in the ethics subcommittee. I’ve talked with the
chairman of administrative services and asked him would it be
permissible for us to bypass the committee and bring it
straight to the Commission, which he was in agreement to.
What this basically is, is the only thing that’s keeping us
from being a certified city of ethics is this one resolution.
All of our ordinances have been looked at by the GMA, and this
is the GMA city of ethics resolution and the only thing that
we were needing to meet that criteria was this one thing that
needs to be signed.
Mayor Young: Thank you, Mr. Powell. Mr. Shepard?
Mr. Shepard: Mr. Powell, I understand we’re sending in
our current ethics ordinance, the one that’s of record now; is
that correct?
Mr. Powel: Right. And the only thing that GMA said that
we needed to be in compliance with the GMA’s city of ethics is
this resolution, which there are some copies floating around.
Page 66
Ms. Bonner, if you have any, I think everyone’s got one. And
that should get us in compliance. Now what we do with the
next ethics ordinance is going to be something that will
supercede that.
Mayor Young: Any further discussion? Mr. Brigham? Mr.
Henry Brigham?
Mr. H. Brigham: Reaffirm, Mr. Wall, this is your
interpretation, also, of where we are.
Mr. Wall: Yes, we need to adopt the resolution and send
the ordinance up.
Mr. H. Brigham: And this ordinance will get us in
compliance from this point on?
Mr. Wall: I believe that it will, yes.
Mayor Young: Any further discussion? Mr. Mays?
Mr. Mays: Just to clear the air for the non-committee
members, it may be good that we let them know this is not two
different things, it’s one and the same, that we’re putting
this so that we’re in compliance, yes, with GMA in terms of
city of ethics, but we are still in the process and hopefully
will be ready. Chairman Powell is working out with Ms. Bonner
a schedule of events. Mr. Wall will be drafting and bringing
to you all prior to the month of December ending those things
which will be the new ethics ordinance that it might even be
where, Mr. Mayor, that there might be a couple of options
because there are one or two things in there that we may have
to have an A or B motion on that covers maybe five percent of
it. But this is not to say that we will not still be
presenting a new one, which encompasses and which present it
and which laws already on the books and will be dealt with out
of that committee, going on to Administrative Services, and
come to this full body to be voted on before this year is out.
Probably within our first or second meeting here in December
in order to be done.
Mayor Young: Thank you, Mr. Mays? Any further
discussion? Mr. Powell?
Mr. Powell: Yes, Mr. Mayor, I just want to echo what Mr.
Mays said. Hear no evil, speak no evil, and see no evil.
We’ll have you an ethics ordinance by December’s ending.
Mayor Young: All right. Any further discussion? Let’s
Page 67
go ahead and vote on the motion. All in favor of approving
this resolution, please vote aye.
MOTION CARRIES 10-0.
Mayor Young: Madame Clerk, would you send a copy of this
resolution to the Grand Jury, please, so that they have the
benefit of that? Thank you. The GMA resolution on the
ethics. Send that to the Grand Jury, as well as the other one
asking for the special Grand Jury.
Mr. Wall: Mr. Mayor, I had asked for the legal meeting
to take up personnel matters and possible settlement of
condemnation matters, possible settlement of the EPD appeal,
as well as discussion of certain other litigation matters.
Mr. Handy: I so move.
Mr. Shepard: Second.
Mayor Young: Motion and second. Any objections? We go
into executive session.
MOTION CARRIES 10-0.
Mr. Powell: Mr. Mayor, I’m going to be leaving the
meeting at this point and won’t be returning. I have a prior
meeting.
(LEGAL MEETING 4:43 - 5:55 p.m.)
Mayor Young: We will come back to order. We need a
motion to approve the Mayor signing the affidavit.
Item 59: Motion to approve authorization for Mayor to
execute affidavit of compliance with Georgia’s Open Meetings
Act.
Mr. Colclough: I so move.
Mr. Shepard: Second.
MR. POWELL AND MR. BRIDGES OUT.
MOTION CARRIES 8-0.
Mr. Wall: Mr. Mayor, I have a request to add three items
to the agenda. One is to approve settlement of a condemnation
Page 68
claim against Barbara R. Goldberg, second is to accept a
counteroffer of Marsha T. Barrett which is currently in
condemnation, and the third is to approve the consent order of
the EPD.
Mr. Shepard: I move to add and approve all three.
Mr. Handy: Second.
Mayor Young: And you want the record to reflect that we
voted on these separately?
Mr. Wall: Absolutely.
Mayor Young: All in favor of adding and approving these
and spreading these on the record as being acted on
separately, please vote aye. We are adding these to the
agenda, we are voting on these three items.
Mr. Wall: Barrett condemnation settlement, Goldberg
condemnation settlement, and EPD consent order.
Mr. Handy: Goldberg?
Mayor Young: Rae’s Creek.
Mr. Handy: Rae’s Creek. Okay. That’s what threw me off.
Mayor Young: We’re adding the three, we’re approving the
three, and we’re showing that they were acted on separately,
all in the same motion.
Mr. Handy: Oh, we’re just consolidating.
Mayor Young: Right. So you just need to go ahead and
vote.
Mr. Mays: Madame Clerk:
Clerk: Yes, sir.
Mr. Mays: Let the record show I will not be party to the
unanimous consent, but on all condemnations, the record show I
voted no.
Clerk: Okay.
MR. POWELL AND MR. BRIDGES OUT.
Page 69
MOTION CARRIES 8-0.
Legal Item #1. Motion to approve counteroffer of
$4,000.00 (Barbara R. Goldberg).
Mr. Shepard: I move for approval.
Mr. Handy: Second.
MR. POWELL AND MR. BRIDGES OUT.
MR. MAYS VOTES NO.
MOTION CARRIES 7-1.
Legal Item #2. Motion to approve counteroffer of
$7,500.00 (Marsha T. Barrett).
Mr. Shepard: I move for approval.
Mr. Handy: Second.
MR. POWELL AND MR. BRIDGES OUT.
MR. MAYS VOTES NO.
MOTION CARRIES 7-1.
Legal Item #3. Motion to approve the consent order of
EPD for the Wastewater Treatment Plant.
Mr. Shepard: I move for approval.
Mr. Handy: Second.
MR. POWELL AND MR. BRIDGES OUT.
MOTION CARRIES 8-0.
Mayor Young: Do we have a motion that we adjourn?
(MEETING ADJOURNED 6:00 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
Page 70
on November 16, 1999.
Clerk of Commission