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HomeMy WebLinkAbout02-14-2000 Regular Meeting REGULAR MEETING COMMISSION CHAMBERS February 14, 2000 Augusta Richmond County Commission convened at 2:15 p.m., Monday, February 14, 2000, the Honorable Bob Young, Mayor, presiding. PRESENT: Hons. Beard, Bridges, J. Brigham, Cheek, Colclough, Kuhlke, Mays, Shepard and Williams, members of Augusta Richmond County Commission. Absent was Commissioner H. Brigham. Also present were Ms. Morawski, Deputy Clerk of Commission; Mr. Oliver, Administrator; and Mr. Wall, Attorney. THE INVOCATION WAS GIVEN BY REV. JACKSON. THE PLEDGE OF ALLEGIANCE WAS RECITED. Mayor Young: Madame Clerk, do we have any additions or deletions to the agenda? Clerk: Yes, sir, Mr. Mayor, we have a request for three additions to the agenda: 1. Presentation by Mr. Melvin Nichols regarding his pension. 2. Appointment of Mr. Peter M. Shirley to fill the unexpired term of Mr. John Moretz on the Human Relations Committee. (Requested by Commissioner Shepard) 3. Award contract by Graves Environmental for construction of four (4) wells referred to as Little Creek Wellfield (Account #5080043410-5425110) Mr. Bridges: I move they be added, Mr. Mayor. Mr. Cheek: Second. Mayor Young: Motion and second. Is there any objection to adding these items? Mr. J. Brigham: You don't have unanimous consent on Number 1. Mayor Young: Which one? Mr. J. Brigham: Item 1. Mayor Young: Item 1? Any objections to Items 2 and 3? Items 2 and 3 will be added the agenda without objection. Is Mr. Nichols here? 3 Mr. Wall: Yes. Mayor Young: Mr. Nichols, this was a late addition to the agenda and we could not get unanimous consent to put it on, so your item can be taken up at the next regularly-scheduled Commission meeting and be on that agenda. Mr. J. Brigham: Mr. Mayor, I think it needs to be put on the Finance Committee. Mr. Shepard: Mr. Mayor, I agree with that. Mr. Oliver indicated he was developing some data on it. Mr. Oliver: We have the data and we'll put it on Finance. Mr. Shepard: On Mr. Nichols' situation, and it's a class-type problem that we need to treat Mr. Nichols and all persons similarly situated alike. Mayor Young: So this will go to the next Finance meeting? Mr. Oliver: Yes. No, it will be two weeks from today. Mayor Young: Two weeks from today at one o'clock in the committee room. Mr. Nichols: All right, sir, it was on the Finance Committee last week, I was called and told it was scheduled before the Commission today. It was already before the Finance Committee. Mr. Oliver: It was before the Pension Committee before, I believe. th Mr. Nichols: And then they scheduled it for the Finance Committee on the 7 and I got a call over a week ago and they said it was scheduled before the Commission today. Mayor Young: Well, it's not on the Commission and I apologize if there was miscommunication, but it will be on there. You've just heard from the Committee Chairman, it will be on the Finance Committee. Mr. Nichols: Thank you. Mr. Shepard: Mr. Mayor, the alternative is to wait until next quarter's Pension Committee, so I think you want to go ahead with Finance. Mr. Nichols: Certainly. Thank you. Mayor Young: All right. Let's move ahead, Madame Clerk. Clerk: The consent agenda, items 1 through 51: PLANNING: 1. Z-00-10 - Request for concurrence with the decision of the Planning Commission to approve a petition from Mike & Gaynell Sanders requesting a change of zoning from Zone A (Agriculture) to Zone R-3B (Multiple-family Residence) on property located on the south right-of-way line of Mosely Road, 996 feet, more or less, northwest of the northwest corner of the intersection of Piney Drive and Mosely Drive (1029 Mosely Road). District 8. 2. Z-00-11 - Request for concurrence with the decision of the Planning Committee to approve with the condition 'That the rear yard buffer apply to the east property line' a petition from Tony Atkins, on behalf of Joyce C. Gregory, requesting a change of zoning from Zone R-1A (One-family Residence) to Zone R-3C (Multiple - family Residence) on property located 800 feet, more or less, northeast of the northeast right-of-way line of Sibley Road and also being, 920 feet, more or less, southeast of a point where the southeast right-of-way line of North Leg intersects the northeast right-of-way line of Sibley Road. District 5. 3. S-586 - Hollow Keg Subdivision - Section IV - Final Plat - Request for concurrence with the decision of the Planning Commission to approve a petition from James G. Swift & Associates, on behalf of Daniel P. Matheny, requesting Final Plat Approval of Hollow Keg, Section IV. This section is an extension of Union Grove Circle and Hollow Keg Drive, adjacent to Hollow Keg, Section III and contains 14 lots. 4. S-601 - Walton Hills Subdivision - Phase I-B - Final Plat - Request for concurrence with the decision of the Planning Commission to approve a petition from Robert L. Herrington, Jr., on behalf of Southern Specialty Development Corporation, requesting Final Plat Approval of Walton Hills, Phase I-B. This phase is an extension of Sandstone Lane, adjacent to Walton Hills, Phase I and contains 20 lots. 5. S-602 - Walton Hills Subdivision - Phase III-A - final Plat - Request for concurrence with the decision of the Planning Commission to approve a petition from Robert L. Herrington, Jr., on behalf of Southern Specialty Development Corporation, request Final Plat Approval of Walton Hills, Phase III-A. This phase is an extension of Brookstone Road, adjacent to Walton Hills, Phase I and contains 20 lots. 6. Pulled from consent agenda. FINANCE: 7. Motion to approve appropriation of GMA 1990 Lease Pool Program. (Approved by Finance Committee February 7, 2000) 8. Motion to approve lease agreement for calendar year 2000 for the Tag Office of the Tax Commissioner at the Farmers Market. (Approved by Finance Committee February 7, 2000. ADMINISTRATIVE SERVICES: 5 9. Motion to approve award of Neighborhood Matching Grant in the amount of $7,004.88 to East Augusta Neighborhood Association. (Approved by Administrative Services February 7, 2000) 10. Motion to approve extending the Facade Rehabilitation Grant Program Architectural Contract with Nicholas Dickinson and Associates, P.C. to May 30, 2000. (Approved by Administrative Services February 7, 2000 11. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable properties in the Turpin Hill neighborhood: 1491 Essie McIntyre Boulevard, 1490 Essie McIntyre Boulevard, (District 5, Super District 9) 1042 Fifteenth Avenue, (District 2, Super District 9); Laney-Walker Neighborhood: 946 Florence Street (District 5, Super District 9); Bethlehem Neighborhood: (Bethlehem Historic District): 1062 Brayton Street, 32 Greg Street, 30 Greg Street, (District 2, Super District 9); East Augusta Neighborhood: 124 Courtland Drive, (District 1, Super District 9); West End Neighborhood: 203 Metcalf Street, (District 1, Super nd District 9); and waive 2 reading. (Approved by Administrative Services February 7, 2000) 12. Motion to approve elimination of two positions, one full time Painter I and one temporary Maintenance Worker I, at the Construction Shop and create one full time HVAC Technician I position (Salary Grade 44) at Phinizy Road Jail. (Approved by Administrative Services February 7, 2000) 13. Motion to approve the following personnel changes within the Athletic Division of Recreation and Parks: (Approved by Administrative Services February 7, 2000) Abolish Youth Athletic Supervisor - Grade 48 Abolish Adult Athletic Supervisor - Grade 48 Create Athletic Supervisor - Grade 49 Create Adult Athletic Coordinator - Grade 45 ENGINEERING SERVICES: 14. Motion to approve the Deeds of Dedication, Maintenance Agreements and road Resolutions submitted by the engineering and utilities Departments for Pepperidge Point Subdivision, Section three. (Approved by Engineering Services Committee February 7, 2000) 15. Motion to approve adoption of Redevelopment Strategy for Regency Mall and surrounding area. (Approved by Engineering Services Committee February 7, 2000) 16. Motion to approve condemnation 0.06 acres in fee and a 5-foot temporary construction easement on property in the name of Sullivan. Tax Map 253, Parcel 5. (Approved by Engineering Services Committee February 7, 2000) 17. Motion to approve condemnation of approximately 0.07 acres from Tax Map 276, Parcel 2.3 for a well site. (Approved by Engineering Services Committee February 7, 2000) 18. Motion to accept option to purchase 2.20 acres in fee in connection with the Little Spirit Creek Well Field Project (Tax Map 276, Parcel 5.2) from Fred W. Johnson, Jr. (Approved by Engineering Services Committee February 7, 2000) 19. Motion to approve elimination of two positions, one full time Painter I and one temporary Maintenance worker I, at the Construction Shop and create one full time HVAC Technician I position (Salary Grad 44) Phinizy Road Jail. (Approved by Engineering Services Committee February 7, 2000) 20. Motion to approve addition of Camp Angehele Road-McLeod Pond Improvements Project to the Construction Work Program. Approve Construction project Budget Number 322-04-200822921 to be funded from One Percent Sales Tax Phase I, Recapture Account. Also approve engineering services with W.R. Toole Engineers in the amount of $23,500.00. (Approved by Engineering Services Committee February 7, 2000) 21. Pulled from consent agenda. 22. Motion to approve Change Order Number One with APAC-GA, Inc. in the amount of $74,749.50 for the SR 56 @ Old Waynesboro Road Improvements Project (CPB# 322-04-292822783) with 416,000.00 to be funded from the project construction account and $58,749.50 to be funded from Augusta Utilities account no. 507043420- 54252101-89800140-5425210. (Approved by Engineering Services Committee February 7, 2000) 23. Motion to approve proposed list of streets for resurfacing by County forces to be forwarded to Geogia Department of Transportation for approval to utilize asphalt from their asphalt plant located in Augusta Richmond County. (Approved by Engineering Services Committee February 7, 2000) 24. Motion to approve Capital Project Budget Amendment Number Three (321-04- 288821235) in the amount of $135,000.00 for the Stevens Creek Road Project to be funded from the funds programmed for the project in One Percent Sales Tax, Phase III. Also approve to let to bidding for construction. (Approved by Engineering Services Committee February 7, 2000) 25. Motion to approve supply and installation of CAL Flo Slurry System by Burnett Lime Company, Inc. at a cost of $46,000.00. (Funded by Account No. 506043530- 5425110) (Approved by Engineering Services Committee February 7, 2000) 26. Motion to approve supply and installation of valves at Raw Water Pumping Station by Industrial Valve and Gauge at a cost of $26,847.21. (Funded by Account No. 506043510-5425110) (Approved by Engineering Services Committee February 7, 2000) 27. Motion to approve revision to Rae's Creek Consent Order. Funded by Account 506043110-5212123. (Funded by Engineering Services Committee February 7, 2000) 28. Motion to approve granting of Permanent Construction and Maintenance Easement to Georgia Department of Transportation for access to Phinizy Swamp Wildlife through the Wastewater Treatment Plant. (Approved by Engineering Services Committee February 7, 2000) 29. Motion to approve Resolution authorizing readoption of Flood Insurance Rate Map (FIRM) 130158 0020-E revised to reflect a Letter of Map Revision (LOMR) dated 7 June 22, 1999 and a Letter of Ramp Revision (LOMR) reissued November 9, 1999. Revising the June 22, 1999 findings. (Approved by Engineering Services Committee February 7, 2000) 30. Motion to approve Change Order #8 in the amount of $7,707.00 and Change Order #9 in the amount of $3,288.00 to the contract for Lock Replacement at the JLEC on 401 Walton Way. (Approved by Engineering Services Committee February 7, 2000) 31. Motion to approve condemnation of approximately 1,840 sq. ft. of permanent sanitary sewer easement and 7,700 sq. ft. of temporary construction easement, Tax Map 35.2 Parcel 30.1. (Approved by Engineering Services Committee February 7, 2000) 32. Motion to approve termination of lease agreements of Central Shop Fishing Club, Mr. Wall: Clyde Wooten and Patrick T. Wooten. (Approved by Engineering Services Committee February 7, 2000) 33. Motion to authorize Environmental Management Associates (EMA) to perform semiannual sampling, statistical analysis and provide a potentionmetric surface map at a fee not to exceed $46,000.00. (Approved by Engineering Services Committee February 7, 2000) 34. Motion to authorize letting to contract the construction of the new Solid Waste Office and Scalehouse for the Deans Bridge Landfill at a cost not to exceed $220,000.00. (Approved by Engineering Services Committee February 7, 2000) 35. Motion to approve Change Order #2 and #5 to Chandler Construction Services contract for construction associated with the 60" Raw Water Main in the amount of $367,249.70. (Approved by Engineering Services Committee February 7, 2000) 36. Motion to approve inspection of Canal by dive team and Fire Department with out of pocket expenses funded by Utilities Dept. (Approved by Engineering Services Committee February 7, 2000) PUBLIC SAFETY: 37. Motion to approve proposed changes to GIS pricing schedule. (Approved by Public Safety Committee February 7, 2000) 38. Motion to approve purchase of services subcontracts between Augusta Richmond County, Caffee Wright and Darren Scheyer to provide counseling services to juvenile offenders. (Approved by Public Safety February 7, 2000) 39. Motion to approve Change Order #8 in the amount of $7,707.00 and Change Order #9 in the amount of $3,288.00 to the contract for Lock Replacement at the JLEC on 401 Walton Way. (Approved by Public Safety Committee February 7, 2000) PUBLIC SERVICES: 40. Motion to approve the following personnel changes within the Athletic Division of Recreation and Parks: (Approved by Public Services Committee February 7, 2000) Abolish Youth Athletic Supervisor - Grade 48 Abolish Adult Athletic Supervisor - Grade 48 Create Athletic Supervisor - Grade 49 Create Adult Athletic Coordinator - Grade 45 41. Motion to approve Adoption of Redevelopment Strategy for Regency Mall and surrounding area. (Approved by Public Services Committee February 7, 2000) 42. Motion to approve a request by Stetson Thomas for a consumption on premise beer & wine license to be used in connection with Sho Gun Restaurant located at 3043 Washington Road. There will be Sunday sales. District 7. Super District 10. (Approved by Public Services Committee February 7, 2000) 43. Motion to approve a request by Esther Williams for a consumption on premise liquor, beer & wine license to be used in connection with Club Liquid located at 712 Broad Street. There will be a dance hall. District 1. Super District 9. (Approved by Public Services Committee February 7, 2000) 44. Motion to approve a request by Chen Hwa Smalls for a consumption on premise beer & wine license to be used in connection with Flamingo Buffet, Inc. located at 3025 Washington Road. District 7. Super District 10. (Approved by Public Services Committee February 7, 2000) 45. Motion to approve a request by William J. Shirley for a Sunday sales license to be used in connection with The American Legion post #63 (Barbeque Pit) located at #90 Milledge Road. District 1. Super District 9. (Approved by Public Services Committee February 7, 2000) 46. Motion to approve an Ordinance to amend the Augusta Richmond County Code, Title 6, Chapter 2, by adding a new Article 5 to provide for a Food Caterer's License to sell alcoholic beverages off premises at catered events. (Approved by Public Services Committee February 7, 2000z0 47. Motion to approve Augusta Public Transit's grant application to the Georgia Department of Transportation (GDOT) for our share of Federal earmark funds for the purchase of two (2) buses. (Approved by Public Services Committee February 7, 2000) PETITIONS AND COMMUNICATIONS: 48. Motion to approve minutes of the regular meeting of the Commission held February 1, 2000. APPOINTMENTS: 49. Motion to approve the appointment of Mr. James Kirk, Sr. to the Richmond County Public Facilities, Inc. representing District 6. 50. Motion to approve the appointment of Mr. Whitney O'Keeffe to the Augusta Aviation Commission - Augusta Regional Airport at Bush Field representing District 10. 51. Motion to ratify the Legislative appointment of Mr. James T. Wilson to the Augusta Aviation Commission - Augusta Regional Airport at Bush Field due to the resignation of Mr. Owen Crickenberger. Mayor Young: Are there any objectors to any of those zoning petitions? None identified. Mr. Wall? 9 Mr. Wall: Item 6 should be pulled. That is the item that is the subject matter of the recent Court order and I am not sure how you want to handle that, whether you want to postpone that until after the legal meeting or if you want to deal with it separately. Mayor Young: Let's pull that out of the consent agenda. We'll pull Item 6 from the consent agenda. Mr. Shepard: Mr. Mayor, I move adoption of the consent agenda less Item 6. Mr. Bridges: Second. Mayor Young: Do you want to go through these alcohol licenses, please? Clerk: Yes, sir, I'll do that. Item 42: Motion to approve a request by Stetson Thomas for a consumption on premise beer & wine license to be used in connection with Sho Gun Restaurant located at 3043 Washington Road. There will be Sunday sales. Item 43: Motion to approve a request by Esther Williams for a consumption on premise liquor, beer & wine license to be used in connection with Club Liquid located at 712 Broad Street. There will be a dance hall. Item 44: Motion to approve a request by Chen Hwa Smalls for a consumption on premise beer and wine license to be used in connection with Flamingo Buffet, Inc. located at 3025 Washington Road. Item 45: Motion to approve a request by William J. Shirley for a Sunday sales license to be used in connection with The American Legion Post #63 (Barbeque Pit) located at #90 Milledge Road. Mayor Young: Are there any objections to those applications for alcoholic beverage licenses? Mr. Wall? Mr. Wall: Mr. Mayor, with regard to Item 16, Mrs. Sullivan asked that I state for the record that we believe that we are going to be able to work that one out and condemnation will not be necessary. However, she recognizes the importance of the project and indicated that we could go ahead and condemn it. She did want the Commission to know that she would work with the Commission in trying to resolve that matter and I think we'll be able to do so without filing a formal petition. Mayor Young: We have a motion to approve. Anybody want to pull anything else before we vote? Mr. Cheek? Mr. Cheek: Mr. Mayor, I'd like to pull Item 21. Mayor Young: 21? Anyone else? No further discussion? All in favor, of the consent agenda minus Item 6 and 21, please vote aye. Mr. Colclough: Mr. Mayor, let it be known that I vote no on Sunday sales on Item 42. Mr. Bridges: Same here. Mr. Cheek: Same here, Mr. Mayor. Mr. Colclough, Mr. Bridges and Mr. Cheek vote no. (Item 42) Motion carries 6-3. (Item 42) Motion carries 9-0. (Items 1-5, 7-20, 22-41, 43-51) Clerk: Mr. Mayor, I'm sorry, I skipped the delegation item. Mayor Young: Right. I will steer you back. Clerk: I'm sorry. Mr. Brian Green with Concerned Citizens of Richmond County, regarding existing or upcoming drug policies. Mayor Young: Brian, if you would come to the podium and give us your name and address for the record, please, and in keeping with the Commission rules, we'll give you five minutes. Mr. Green: Good afternoon, my name is Brian Green. I reside at 2700 Tobacco Road. Mr. Mayor, members of the Commission, on behalf of the Concerned Citizens of Augusta Richmond County, I'm here to talk about an issue. The issue is drugs. I'm here for two reasons. One reason is to voice concerns of citizens in the community and the second one is to receive some feedback from you of what we're going to do about the situation. It is my thought that the Sheriff's Department has taken aggressive actions in terms of raids, beefed-up patrols, community-based police, and those sort of things. And while these efforts are noble and appreciated, I feel unfortunately they are not enough. I would just like to go down the list here. I'm going to make a statement with a question mark on the end here. I would like to know from you gentlemen what you intend to do aggressively, and I do emphasize the word aggressively, to rectify this problem in our community. 1. Drug-infested neighborhoods. Just blatant and random activity. 2. Young kids in some of these communities that are basically out of control. Run-down slum housing. Known drug houses. Gang activity. Reported gang activity in south Augusta. Rat- and roach-infested apartment complexes that are also unsafe. Negligent homeowners. I put run-down neighborhoods once again. It's not easy for me to make this presentation. I don't just want to give you a statement, but I want to do it in two parts again. I 11 want to express the concerns of the people in the community, people that are intimidated, people that are not able to come down here and voice their concerns with you. Basically what I'm telling you is I know that we are taking some actions, I am aware of that. Our Sheriff's Department is working hard, as well. But I seem to think that more can be done and more should be done, otherwise I foresee a problem getting out of hand all over. It's in the inner cities and if it's not on the street in some areas, it's in the garage. All over our community. So, Mr. Mayor, should I use my five minutes to hear from you all? Mayor Young: Have you finished your presentation? Mr. Green: I have some things. Mayor Young: Go ahead and finish your presentation. Mr. Green: My question to you all is how much worse do these problems have to be and the key statement here is we've had enough. I think that we've had enough activity and incidents, violent incidents in the community, to warrant more aggressive action. So again, I'm here to make a statement and of course I want to hear from you. I think we've had enough incidents in this community to warrant more action. Mayor Young: Well, I'll respond for the Commission because that's the way it's structure. The delegation addresses the chair. Let me just say this, that I appreciate your concern and it doesn't go unnoticed by people in government that we do have some serious problems in a number of those areas you mentioned. What you mentioned are some very broad categories and problems in this community, and I would ask you to submit to my office, if you would, some specific addresses and locations that will help us pinpoint the sources of these problems. Mr. Green: Can I name them for your today, Mayor? Mayor Young: No, just please submit them to the office. This is not a public hearing, Brian. You're allowed to come in and do a presentation to the Commission, and I'm responding to your presentation. If you would be so kind as to submit some specific addresses and locations to us, we'll pursue those, as you say, aggressively, through our law enforcement people. We'll be glad to do that. We do it every day. Mr. Green: Thank you. Mayor Young: Thank you very much. Okay, madame clerk? Clerk: Item 6: S-581 - Kenmare Subdivision - Final Plat - Request for concurrence with the decision of the Planning Commission to approve a petition from Southern Partners, Inc., on behalf of Nordahl and Company, requesting Final Plat Approval of Kenmare Subdivision. This subdivision is located on Brown Road adjacent to Carrington Subdivision, 785.18 fee west of the right-of-way of Markwalter Road and contains 18 lots. Mr. Brigham: Mr. Mayor, I move we postpone this to the next meeting. Mayor Young: I heard your motion. You've moving we postpone it to the next meeting. Did you want to give us the benefit of some legal discussion on this as a result of the Court hearing? Mr. Wall: Yes, sir. My suggestion would be that we postpone it till after the legal meeting, take it up in the legal meeting. Mayor Young: Mr. Brigham, you would prefer to wait until the next meeting? All right, let's see if we have a second to that motion then. There is no second to the motion. Madame Clerk, why don't we just slip this item back to after our meeting with Mr. Wall. Clerk: All right. Mayor Young: Item 21. Clerk: Item 21: Motion to approve Change Order Number Four with Mabus Brothers Construction in the amount of $20,441.50 to be funded by Augusta Utilities from account number 507043410-5425110/80000003-5425110 on the Cook Road and Glendale Subdivision Project (CPB # 323-04-296823403). (Approved by Engineering Services Committee February 7, 2000) Mayor Young: Mr. Cheek: Mr. Cheek: Mr. Mayor, I asked this one to be pulled after touring the subdivision over in the Glendale area. One of the things I wanted to ask was, this is one of several change orders that have come through on this project and I noticed some concrete driveways over there. I wanted to ask the question, are we in the process of paving driveways as a part of this project or have we paid for any of those? Mayor Young: Mr. Oliver, can you respond to that? Mr. Oliver: Mr. Murphy will need to respond to that, or Drew. Mr. Goins: There are several concrete driveways there that are being repaired and replaced due to grade changes in curb and gutter. Is that what you're referring to, Mr. Cheek? Mr. Cheek: Well, I noticed one of the driveways over on Brynmar that had about an 8" concrete slab poured on an arch, and the thing was improperly prepared and finished when it was done. And I'm just wondering if we paid for that kind of work and are we paying per yard on the concrete and so forth. 13 Mr. Goins: Generally work is paid on a square yard basis for driveways and sidewalks, but if that's done by our contractor or that may have been done by the homeowner. I'll be glad to take that information and check it out and get back with you. Mr. Oliver: We're paying it on a square foot basis, not a yard of concrete placed, right, Drew? I believe it's per square foot of surface area? Mr. Goins: I think it's a square yard basis, Randy. Mr. Oliver: Okay. Mr. Goins: Not a cubic yard, a square yard. Mr. Oliver: Okay. Mayor Young: Any other questions? Mr. Cheek: I'd like to make a motion on this that we don't approve the change order until we get this information back. Mr. Beard: I second it. Mayor Young: Motion and second. Any discussion? Mr. Oliver: Will this delay the project, Drew? Mr. Goins: Yes, sir, it will. Mr. Oliver: So we'd potentially be in a position we'll get hit with a damage claim? Mayor Young: Mr. Murphy is coming to the podium. Jack, can you address that? Mr. Murphy: This project is not complete yet. Any inferior work or anything like that will be corrected. We are aware of some concrete work, curb and metal work that is not acceptable, and this will be torn down and made right. The project is not complete yet. Mr. Cheek: Mr. Mayor? Mayor Young: Mr. Cheek? Mr. Cheek: It's just my concerns, though, this is a driveway, I noticed the dirt hasn't been put up the side, it's placed over a crest into the yard and it's about 8" thick and it would pass DOT earth [inaudible] standard. If we're paying by yard, I think the citizens of Richmond County are paying a little bit more for a standard driveway than they should, and it's my concern, it's my understanding this homeowner didn't pay for this, and I'm wondering why we would put a concrete drive there, perhaps for a dirt one, and so forth. Mr. Murphy: If they had a concrete driveway before, we are required to put back a like one, whether they had asphalt, concrete or dirt. We do pave all driveways to our right-of-way line. Georgia DOT standards call for 8" concrete sidewalk, or driveway. Thick. Eight inches thick. We also, this is a County contract with the Georgia DOT They have an inspector there as well as ours. Mayor Young: Jack, did I hear you correctly? You said there was some substandard curb work there that they're going to have to take out? Mr. Murphy: The finish does not look right. Mayor Young: Do we have an inspector on that job? Mr. Murphy: Yes, sir, we do. Mayor Young: How did it get down if we have an inspector on the job? Mr. Murphy: It can get down. As they are pouring it, you know, you can't tell it till it's down. But it will be righted. Mr. Oliver: The key is you don't accept it because when you strip the forms, you can knock something off of relatively green concrete and that type thing. It just has to be repaired. Mr. Murphy: Removing on existing concrete sidewalks, curb, gutter, driveways that is not acceptable will always been torn up and made right. Mayor Young: Is the intent of your motion, Andy, that we just send it back to the Committee for the additional information? Mr. Cheek: I'd like to have the additional information. This neighborhood looks very good with the work that's being done. I'm really concerned with the additional change orders that keep coming up. Again, I wasn't aware that the DOT spec was being applied to driveways. Mr. Murphy: You're probably not aware of this, but several years ago, in excess of ten years ago, the City Commission at the time accepted the Georgia DOT standards and specifications as the rule and order under which we let all projects. No exceptions. Mr. Bridges: Question here. Jack, this motion here, does it have anything to do with the concrete over the driveways or is this change order in regards to something entirely different? 15 Mr. Murphy: This change order is for a water line. Mr. Oliver: To change it from a two to a six. Mr. Bridges: And this is to make things standard for the purposes of brining everything to the grade and up to our standards; is that right? Mr. Oliver: To make it so we can provide fire protection primarily. Mr. Bridges: While I can sympathize with the concerns that Andy has, and I think those things should be checked into, the two motions do--I mean we're talking about something entirely different here in regards to the concrete as opposed to the piping, and I would like to make a substitute motion that we would approve it. Mr. Shepard: Second. Mayor Young: Motion and second. Mr. Beard? Mr. Beard: While I agree with Commissioner Bridges, I also would like to see something, a report. Maybe Drew can report back to the Engineering Services Committee on what Mr. Cheek has reference to. And if you would, would you have any objection to including that into your motion? Mr. Cheek: We can include that into the motion. We would need an address, Drew, to make sure we're looking at the right thing. But I think these things do need to be addressed, do need to be looked at. I don't want to hold up progress and fire protection because of it, but you know, we can handle the thickness of the driveway and that type of thing administratively. Yeah, I'll take that as part of my motion. Mr. Murphy: I think this address where there are two handicapped people in the house. Mayor Young: Are there any objections to the amendment to the motion? None heard. Mr. Williams, you wanted to address? Mr. Williams: Yes, Mayor, thank you. I'd like to just tell the Commissioners that I, like Mr. Cheeks, have been out there and we looked at this driveway. Like Jack said, I think, but I'm not sure, there are some handicapped people in there. But what was a concern was the thickness of the driveway and the way it was set up. If at any time, any period of time the soil is going to wash away from it, then it's going to end up breaking. I say breaking. Coming down. It's going to still pose another problem. We're not going to be able to get anybody back in there once we turn it lose and once we okay this. And if it's for a reason, for a handicapped person, I can understand that. But a lot of us have not physically looked at it and laid eyes on it and know exactly what we're talking about. Mayor Young: We'll wait for the report back from the Public Works Department at the next Engineering Services Committee on that. The motion is on the floor to approve this. It's the substitute motion. All in favor, please vote aye. (Vote on substitute motion) Motion carries 9-0. Clerk: Item 52: Z-00-8 - Request for concurrence with the decision of the Planning Commission to deny a petition from Patina D. Russell, on behalf of Hayward C. Nipper, requesting a Special Exception for the purpose of establishing a family day care home as provided for in Section 26-I, Subparagraph (f) of the Comprehensive Zoning Ordinance for Augusta Richmond County, on property located on the northwest corner of the intersection of Fenwick Street and Chafee Avenue (1549 Fenwick Street). District 1 Mayor Young: Are there any objectors to this item? Any objectors? None noted. Yes, ma'am, you're the petitioner? Ms. Russell: Yes, sir. Mayor Young: If you would give us your name and address for the record, please, speaking into the microphone. Ms. Russell: My name is Patina Deann Russell. I live at 1549 Fenwick Street. The apartment is located at the corner of Fenwick Street and Chafee Avenue. And if you don't mind, because of time, I'd just like to read what I want to say. Mayor Young: That's fine. Ms. Russell: I'm waiting to hear from the pastors of First Assembly of God to use their parking lot across the street from the church or their vacant grass lot. Both are located on Fenwick and Bohler Avenue. They were making an issue of the parking spaces in my area, located on Chafee and Fenwick. The other one they were trying to address is a playground area. I have to have revenue coming in before I can build a playground. And also, Kroger has plenty of parking spaces to the upper right corner facing 15th Street. There are usually [inaudible] spaces available across the street, 15 minute parking area. Again, I think the old Western Steer parking lot, since it has been vacant for a year-and-a-half, could be used for Fenwick Street until I can talk to the manager there that's going to buy the place. Also, many cars are known to park many times in front of their homes with no accidents. There are six spaces that could be used in front of my home and on the side of the house. My friends use it anyway. As far as the playground, the back yard that is going cleaned now can hold [inaudible] children in the front and the back trees to the front tree, that leaves room for the city, gas line, water, electricity and telephone poles that they need to do in that area. However, I recommend that no more poles or more lines be run for the safety of all residents, irregardless of permission for group day care or family day care. Really I cannot afford to spend more money until approval is given by the City 17 Planning Commission. I want to obtain a permission license from the State, but I first need your approval. Irregardless I can have 12 children or more in my home as long as I do not accept pay for more than two children. Also I can use the space outside the business for parking because it is a public street. I checked it out with the police department. Otherwise, all the residents in Harrisburg, including the First Assembly of God, will be forced to stop using the road for parking. Moreover, I've had to share with hearings before that the children can have indoor PE, Chafee Avenue Park, and the school playground behind Crawford Avenue Baptist Church. Accommodations are being arranged for a jungle gym for exercised until this playground can be built. The children will be on outings and field trips and other areas will be used to fulfill our PE needs. So they're not always going to be on the premises. They are only required to be outside one hour and a half a day. Of course, all directors and teachers have to use wisdom and judgment on the weather. I have a child care degree from Spartanburg Tech that's located in South Carolina. Also I have an associate degree in science [inaudible] preparing for a bachelor's degree in special education [inaudible]. I have worked with children all my life, beginning with siblings at the age of 14. I worked at day care centers from the age of 16 to the present. I keep two children in my home now, but I'm on vacation this weekend, thank the Lord, and today. I do not ask for pay because she recently per her child in private school and she is struggling to pay her bills at the present time. I was forced out of work, though I worked as a sales volunteer at Stonegate Projects for four years, because a bus driver knocked both of my knees at a 90 degree angle, which still to this day have not been compensated for this mistake. I have waited for settlement between Augusta Public Transit and [inaudible] and it has never been officially settled on my behalf, that the [inaudible] took advantage of when Richard Powell, my attorney, passed away. Mayor Young: Let's stick to the issue of the zoning, please. Ms. Russell: I would like to just end with this. I am in credit card debt because of [inaudible] children in programs such as literacy programs at Augusta College, having incurred the debt. I also owe a $15,000 student loan.God is in control of my life. I've been falsely accused and I feel like the only way I can make recompense from the City is giving this grant so that I can go back to work so that I can pay the debt that I owe because, this is what the Lord requires of me and my life is in his hands. And I ask for your consideration. Mayor Young: Thank you very much. Mr. Patty, could you talk to us about this and why the Planning Commission recommended denial? Mr. Patty: This is a rental house. It's a house that's been converted into three apartments. She's got three rooms, according to the tax records and the landlord. There is no play area on the lot. There's no place for off-street parking and on these type uses, unlike the personal care homes and some of the rest of them, there's very little, if any, State scrutiny, so we're kind of the last resort as far as making a decision on these. When everything was considered, I think the Commission decided it should not be approved.There were no objectors present for or against it. Mayor Young: And this was filed as a hardship application? Mr. Patty: For these day cares less than six, it's a special exception. No zoning change. She had applied previously with us to have a zoning change to commercial zoning to allow her to have up to 15. And she backed off on that after it was about to be denied by the Planning Commission and came back for special exception for six. Mayor Young: Gentlemen, what's your pleasure? Do y'all have any questions of the petitioner or Mr. Patty? Mr. Brigham? Mr. J. Brigham: She rents one of the three apartments? Are the other two rented? Mr. Patty: I don't know whether they are rented or not. There are three units in this house. [inaudible] Mayor Young: Mr. Bridges? Mr. Bridges: I make a motion that we concur with the decision of the Planning Commission. Mr. Colclough: Second. Mayor Young: We have a motion and a second. Any discussion on the motion to deny the petition? Any further discussion? Mr. Mays? Mr. Mays: If I might just ask her a question. Mayor Young: Could you come up to the microphone? Mr. Mays: She was asked whether the apartments adjacent to her were rented, and I think she was trying to answer that, as a part of the petition. Ms. Russell: The apartments, there are three units. And in the three units, we have square footage. And the back apartment is being rented out by Mr. [inaudible] who has a young baby. The other one is rented out by a Christian lady who is single, like myself, and we've known each other for a long time. Mayor Young: So the answer is, yes, the other two are rented? Ms. Russell: Yes, the other two are rented, but they will also be very helpful to me. Mayor Young: Does anyone else have any questions or comments? We have a motion on the floor to concur with the decision of the Planning Commission. All in favor of the motion, please vote aye. 19 Motion carries 9-0. Ms. Russell: Mr. Mayor, can I say this last comment? Mayor Young: No, we've finished with the item and we've moved on to the next item. Ms. Russell: I want you to be aware that I can do, not for pay. Mayor Young: Okay. We've made our decision in here, now you can go back to the neighborhood and make your decision whether to move forward accordingly. Thank you very much. Clerk: Item 53: Z-00-9 - Request for concurrence with the decision of the Planning Commission to deny a petition from Anna L. Williams requesting a Special Exception for the purpose of establishing a family personal care home as provided for in Section 26-1, Subparagraph (h) of the Comprehensive Zoning Ordinance for Augusta Richmond County, on property located on the southeast right-of-way line of memory Drive, 444 feet, more or less, southwest of a point where the southwest right-of-way line of Kratha Drive intersects the southeast right-of-way line of Kratha Drive intersects the southeast right-of- way line of Memory Drive (220 Memory Drive). District 2 Mayor Young: Are there any objectors to this item? None seen. Mr. Patty, would you like to talk about this one? Mr. Patty: We did have objector to this. We had 8-10 objectors and we had a petition signed by what appeared to be everyone in this neighborhood. We have an area of modest homes and neighbors felt threatened by it. Initially we thought it was going to be an in-the-home care facility but she testified it would not be. She would move out. I think that's what brought the denial. Mayor Young: Is the petitioner, Ms. Williams, here? Do you gentlemen have any questions for Mr. Patty? What's your pleasure? Mr. Bridges: I move we concur with the decision of the Planning Commission. Mr. Colclough: Second. Mayor Young: Motion and second. Any discussion? All in favor of the motion, please vote aye. Motion carries 9-0. Clerk: Item 54: Motion to approve purchase of one (1) Cargo Van for the Information Technology Department at a total cost of $23,958.00. (No recommendation by Finance Committee February 7, 2000) Mr. Shepard: I move approval, Mr. Mayor. Mr. Beard: Second. Mayor Young: Motion and second. Any discussion? None heard. All in favor of the motion, please vote aye. Mr. Williams vote no. Motion carries 8-1. Clerk: Item 55: Consider authorization of hiring a contract employee to prove inspection services for Utilities Department projects. (No recommendation Engineering Services Committee February 7, 2000) Mayor Young: Mr. Bridges? Mr. Bridges: Mr. Mayor, I'd like to make a motion that we send this back to the Engineering Services Committee. There's been some additional information that has come up that I think the Committee ought to review before it brings it back to us. I make that in the form of a motion. Mr. Shepard: Second. Mayor Young: Any discussion on that? All in favor of sending it back to the Committee, please vote aye. Motion carries 9-0. Clerk: Item 56: Consider the purchasing of tickets for the United Way of the CSRA, Inc. 2000 Annual Meeting, Tuesday, February 29 at a cost of $15 per person funded from the Commission Other Account. Mr. Oliver: There is money available in the account. Mayor Young: Your pleasure, gentlemen? Mr. Kuhlke: I so move. Mr. Mays: Second. 21 Mayor Young: Motion and second. Any discussion? All in favor of the motion, please vote aye. Motion carries 9-0. Clerk: Item 57: Consider approval of letter of consent for support of grant application to the Office of the Governor Youth and Children Coordinating Council from Community Partnership Initiative and The Harlem Family Connection. Mr. Oliver: With the caveat that any matching funds would have to come from those agencies. Mayor Young: Do we have a motion to that effect? Mr. Kuhlke: I so move. Mr. Shepard: Second. Mayor Young: Motion and second. Any discussion? Mr. Beard? Mr. Beard: I would just like to know a little bit more about this organization. I know we usually do this but I would like to know what we're doing here this time. Mr. Oliver: This came directly into the Clerk's office. I had not seen it until the agenda book was put together. At this point, all it is is a letter of consent to let them get direct grant from the State. It doesn't really have any impact on us. It's just your agreement to do it. I cannot answer what they do. I will be glad to explore it, but as I say-- Mr. Beard: I don't have any objections to it. In the simplest form, I mean if we are going to give a letter of consent, we ought to know what we're giving that for. We ought to know something about what it's all about. Mr. Oliver: And I'd be glad to have them come in the next time or to find that information, if you would like. I do not know, however, what the deadline is for application for the grant. Mayor Young: Mr. Jerry Brigham? Mr. J. Brigham: No [inaudible]. Mayor Young: Mr. Colclough? Mr. Colclough: What is the Harlem Family Connection? Is that Harlem, Georgia? Mr. Oliver: Can't– Mayor Young: Is there anyone here from either of these organizations who can answer some of these questions? Mr. Oliver: We'd be glad to ask them to come in and find that information out if you'd like to defer to the next time. Mr. Williams: Mr. Mayor? Mayor Young: Mr. Williams? Mr. Williams: I think we should do what Mr. Oliver suggested, get them to come in and explain something to us. Not that we're objecting but we need to know before we go any further with that. Mayor Young: Do you want to send that to Committee or just bring it back to the Commission? Mr. Williams: Let's send it to Committee. Mayor Young: That's a motion. Mr. Colclough: Second. Mayor Young: Motion and second. Any further discussion? All in favor, please vote aye. Motion carries 9-0. Clerk: Item 58: Consider the following nominations for appointment to the Richmond County Hospital Authority. At-Large position a. Warren Daniel b. William J. Badger c. Hugh Hamilton Catholic Faith d. Gerald E. Matheis e. William A. Herman f. Thomas F. Kelleher Medical Staff g. Mac A. Bowman, M.D. 23 h. Murray A. Freedman, M.D. i. E. Harold Nelson, M.D. Mr. Oliver: Just to refresh the-- Mayor Young: I would ask if somebody would explain the process. Mr. Oliver: I will explain for the benefit of the new Commissioners. The process is a little different than most other boards. The way the process is set up, the hospital and their board give you three names and then ideally you're to select one. I believe if you aren't comfortable with any of those three names, you can send the three names back to them and ask them for additional people to submit, if you were not comfortable with each of these three names. At some point, you have to select based on what they provide you. You don't have the discretion to come up with somebody that you're comfortable with. It has to be one of the people that they submit to you for consideration. Mayor Young: The Chair would like to make an inquiry of the City Attorney with respect to allotting a seat on that board to something described as Catholic Faith. Mr. Wall: The way that board is made up, there are specified positions that are to be filled, and one of them is a member of the Catholic Faith, and that is one of the requirements in the authorizing resolution. Mayor Young: Is that Constitutional, Mr. Wall? Would you like to do some research on that? Mr. Wall: Well, I mean, the point is no one has challenged it thus far, and the Hospital Authority would be the one who would have to defend it. Mayor Young: The Chair is just making inquiry, Mr. Wall. Mr. Wall: Certainly I can envision some Constitutional challenges to it, but it's not just the Catholic faith that is represented on that board. I mean you have individuals of other faiths that are included on the board as well. Mayor Young: And that's defined in the legislation? Mr. Wall: In the Resolution, yes. Mayor Young: Not a matter of practice? Mr. Wall: No, it's defined. Mayor Young: Mr. Cheek? Mr. Cheek: Just a question. You said there are other seats held for say Baptist faith and so forth? Mr. Wall: It's probably Protestant. I don't think it's Baptist. I think it's Protestant and Jewish. Mayor Young: Yes, Mr. Mays? Mr. Mays: For the sake of the folk dealing with it for the first time, are you looking at that [inaudible], Mr. Wall: ? Can they get a copy about the hospital set-up thing? You know, they have some designated seats there. Mr. Wall: There's a copy in the Administrator's office if you'd like me to get it, but I don't have it in front of me now. Mr. Mays: It might be helpful to anybody that wants to look. That's one we've dealt with and I'm going to leave that one alone. I guess that gets to the people [inaudible] depends on what way that pendulum swings. Sometimes it applies, sometimes we don't apply it. Just one of those things. Mayor Young: Do we have any general questions about this? We can move ahead. Let's move ahead with the election, then, for the at-large position. We'll vote on them in the order they're presented here, and under the rules of the Commission the first one that has the necessary votes to carry the day is the one declared elected. For the at-large position, let's go ahead with the first name, Madame Clerk. Clerk: The first name for that position is Mr. Warren Daniel. Mayor Young: If Mr. Warren Daniel is your choice, vote yes. (Vote on Warren Daniel) Mr. Bridges and Mr. Williams not voting. Motion carries 7-0. Clerk: The second position for the Catholic Faith, the first name is Mr. Gerald Matheis. (Vote on Gerald Matheis) Mr. Williams and Mr. Cheek not voting. Motion carries 7-0. Clerk: Under the Medical Staff, Dr. Mac Bowman. 25 Mayor Young: Dr. Mac Bowman, please vote aye if that's your selection. (Vote on Mac Bowman) Motion carries 9-0. Mayor Young: Mr. Wall, in following up the line of paperwork we had earlier, the Chair would appreciate it on behalf of this Commission if you would write to the attorney of the Hospital Authority and let's discuss the Constitutionality of having these seats designed for different religious faiths and if there is some needed change in the legislation, then perhaps that's an issue that should be pursued next session. Because indeed, in fact if that is not permitted activity, then even though it's the Hospital Authority's issue, this Commission is brought into the process by having to make these appointments. And I think we have a vested interest in it. Clerk: Item 59: Consider the recommendation from the Lobbyist Study Subcommittee. Mayor Young: Mr. Jerry Brigham chaired that Committee. Mr. J. Brigham: Mr. Mayor, that brief report is we have no recommendation. The second report would be that we would ask the Mayor and the Mayor Pro Tem to interview these lobbyists and see if they have a strong feeling one way of the other and get back with us. Mr. Bridges: That was three lobbyists, was it not, Mr. Brigham? Being considered? Mr. J. Brigham: We haven't agreed to vote on that, and I would hate to speak for the will of the Committee. Mr. Oliver: I would note that the next Commission meeting is the first Tuesday in March, and at that juncture the Legislative Session will be pretty well concluded. Mayor Young: We discussed in Committee perhaps having Mr. Hornsby keep an eye out on the Delegation for us. That didn't come out right. To work with the Delegation on an as- needed basis until the end of the session. Yes, sir, Mr. Beard? Mr. Beard: That's fine with me. And I guess we would just accept the Chairman' report as information and hopefully with an add-on to that if we're going to follow up on this, the Mayor and Mayor Pro Tem going to follow up on this, that it should be something for next year instead of this year and let Mr. Hornsby continue to do whatever he's going with the Delegation for the rest of this session. And I put that in the form of a motion. Mr. Colclough: Second. Mayor Young: Motion and second. Any further discussion on this issue? All in favor of the motion, please vote aye. Mr. Oliver: I believe Mr. Cheek– Mayor Young: I'm sorry, I didn't see your hand. Mr. Cheek: If we do defer this to a later date, I would like to have us pick a window that we will have somebody in place for the next session, if that's the will of this Commission. st Mayor Young: We discussed in the Committee July 1 as a target date. So if you're in favor of that motion, please vote aye. Motion carries 9-0. Clerk: Item 60: Discuss Commission's regular meeting time. (Requested by Commissioner Cheek) Mayor Young: Commissioner Cheek, you have the floor. Mr. Cheek: Thank you, Mr. Mayor. In discussion with many of the constituents from my area and other parts of the City, the underlying theme is clear. For the citizens to participate in their government, when they work during the day, it's difficult for them to get off, especially when you have zoning in here, Planning meetings, Commission meetings, repeated meetings on the same issue. They've asked me to put before the Board the possibility of us taking our time back to four o'clock in the afternoon. I've heard several comments concerning we don't want to be here until nine o'clock. I certainly don't, either, but that is within our power to change, based on how we conduct our meetings. I would like to see that we move it back to three or four in the afternoon and try to increase the opportunities for people to participate in their government without the hardship of taking time off. Some of these very same people that take off time to travel to Atlanta to represent us at their expense, and these are not people that are looking for a free ride. They just want to have a little help in participating in their government. So Mr. Mayor, let me make a motion that we move our meeting time back for our regular Commission meeting only to four o'clock in the afternoon. Mr. Williams: Second. Mayor Young: We have a motion and a second to move the Commission meetings back to four p.m. Would you want to put an effective date for that? Would you like to include that in there? Mr. Cheek: No, sir, just as is appropriate based on it not interfering with our current schedule. 27 Mayor Young: Is there any discussion on this? Mr. Kuhlke? Mr. Kuhlke: Mr. Mayor, I understand what Mr. Cheek is saying, but several years ago we took this same approach and it appeared to me during those meetings, when we moved it back to two o'clock, we had no more participation when we had our meeting late than we did when we had our meeting at two o'clock. So I'd like to make a substitute motion that we--well, I don't need to make a substitute motion. I just wanted to make that comment. Mayor Young: Mr. Jerry Brigham? Mr. J. Brigham: Mr. Mayor, I agree with Mr. Kuhlke. It is my experience that we tried this earlier and it did not work. There was less participation than we're having now. If anything, I think we need to move our meeting forward so we can have an earlier closing time so the media can have a better deadline so the entire community can have a chance to see what results were made at six o'clock instead of 11 o'clock. Mayor Young: Let's start here with Mr. Williams. Mr. Williams: Mr. Mayor, I'd like to make a substitute motion that we move our meeting to three o'clock. I'm in agreement with Mr. Cheek. This is a new day. We may have tried this before and it didn't work, but we need to try it again, and try to incorporate our citizenry in our meeting and get them more involved. Because this a government for the people and by the people, and I think if we move to three o'clock, it will give us another hour to have people maybe get off their jobs and come. Mayor Young: All right, we have a motion on the floor, a substitute motion. Is there a second to the substitute motion? Mr. Bridges: Mr. Mayor, I'll second that motion. I would like to make the comment that I agree with Mr. Kuhlke that basically the same people are going to show up regardless, that are interested in government are going to show up regardless of the time. However, three o'clock would work out better with my 40-hour week job schedule, so I'm going to second it. Mayor Young: Mr. Beard? Mr. Beard: Did you get a second? Mayor Young: Yes, we have a second. Mr. Bridges seconded it. Mr. Beard: Well, I can understand where our new member is coming from, but we have tried this once before and for the most part the citizens of this community have adjusted to the time length that we have and I really see no need to every year or two start changing your meeting hours. Like some of the other Commissioners have said at the beginning, I saw no difference in the participation than we have now and I think if people want to come to the meetings, they will come regardless of the time. I see no reason to continuously every year change the meeting time. Mayor Young: Mr. Shepard? Mr. Shepard: Thank you, Mr. Mayor. Gentleman, just last meeting we adopted a set of goals for this Commission for the year, and in that--Randy, correct me if I'm wrong--was the idea that we move the Commission meetings to the districts at certain times during the year. We've already committed to that one change and I don't think we should commit to any others. We are all creatures of habit and I think the outreach purpose, which is a good one, Mr. Cheek, but I think we're going serve it already through our Goals Committee which we unanimously adopted I think last week to move certain selected meetings once a quarter or something out to the various community centers. I think we ought to try that before we go make another change, so I'm going to vote against both motions. Mayor Young: All right, we'll get back to our motion makers for rebuttal in just a moment. First, Mr. Mays? Mr. Mays: Mr. Mayor, I'm going to [inaudible] colleague that has served on both bodies. We've been through 12 o'clock meetings together, we've been through 2 o'clock meetings, I've been through 4 o'clock meetings, and I've been back to 2 o'clock meetings. Really, the 2 and the 4, probably in some cases are not going to be a whole lot of difference, but just quickly, with my five minutes of a little part of history. The 2 and the 4, the reason why they get a lot of participation in there, is the fact that the people who have requested later hours never really thought that 4 o'clock was the real meeting time for people who have to work or who wanted to bring their families to participate in it. The evening time that you were talking about was with the old City Council prior to both Steve and myself, when you had late evening meetings, which were actually late evening meetings. Now whether that was changed to deal with the meetings or it was changed to deal with certain Council members' convenience, too many people were coming up and confronting them there, so they knew at lunchtime it [inaudible] and that's the reason why that changed from the very beginning in the old City. But I think if we're going to look at changing it, I hope we might could kind of back off a little today on a firm change of time and go back to what Steve said. We've committed to move the meeting. Maybe we don't need to be written in stone on the time that we put even those evenings, maybe if we're going to go into a particular district and do it, let's maybe look at giving our folks some freedom in the Clerk's office and maybe they can come in late that day so we don't keep them from sunup to sundown. If we're going to do it, and do it say at 6 o'clock in the evening, just to play with a time. And I think that's how you measure whether you get true participation, because anybody who can't get off at 3, can't get off at 2, can't get off at 4. There's not a lot of difference in there. But if you're talking about real evening time, then look at a serious evening time of 6 p.m. or 7 p.m. in the evening if that's what you're going to deal with and move it to a district. Then you've got something to measure it by other than just one hour. And that's just a suggestion I'm throwing out. If you're going to move 3 or 4, then you've got something to play with. You can move it to a district, later in the evening, you can move it to a mid-time, maybe 5 or 5:30. 29 Somebody's driving home, if the idea is to get them involved in the meeting so they can bring, so they can participate, if they're on a shift or the kids are getting out of school, they still are not going to be there if you move it to 4; they are not going to move it to 4:30, if that's the angle you're trying to get to. And I just wish that maybe in that [inaudible] we could play with three or four of those meetings before adopting another permanent change, we because folk get used to it. Whether it's bad or good, they get used to it. And I think maybe that might give us some flexibility of seeing where we get participation at, Mr. Mayor, in those district meetings, whether we do it later in the evening or whether it's a later time than what we've got. And I'm just open for suggestion for it. I know we've got two different motions on the floor, one said 3 o'clock and one said 4 o'clock, but I think if we're searching really for a working person's hours, that is not going to get you to where you want to go. Mayor Young: Thank you, Mr. Mays. Any discussion? We go down for rebuttal to Mr. Cheek for the original motion, and then Mr. Williams made the substitute. Mr. Cheek: One thing is really clear in this city. A lot of people are used to and have gotten used to not participating in their government at all. If you look at the polling numbers of voter turnout and I really think it's important for us to open the door whenever possible to make the government serve the people and not the other way around. Anytime we can provide relief, and I've been on the other side of the podium, coming down here, taking off many hours of many weeks at my own expense to defend my neighborhood, I really think that we can't expect for just a little bit of time to expect changes to manifest themselves in the community. We've got to build a bridge of trust, for people to know they have time to participate without it being a hardship. I agree if we, I could certainly live with the fact that if we are going to move out meetings around the community that we perhaps have some of them at night, but I don't think one or two meetings at night would be a real clear indicator. I don't find any points of fact, data points. I think we need a little bit more evidence one way or the other of what work and what doesn't work in this case. But I would like to see us, and I could agree with that, Mr. Mayor, to move them around and have them later at night. Mayor Young: Thank you, Mr. Cheek. Mr. Williams? Mr. Williams: Mr. Mayor, thank you. My case has been proven by my colleagues. Mr. Bridges over here who said that it would certainly fit his schedule and a lot of other private citizens that would want to come and would be more adjustment to their schedule. If we change the meeting to whatever time, it won't be etched in stone where it can't be changed back. From what I have been hearing, we have been changing, look like for a long time. If it doesn't work, we can always go back where we were. But I certainly would like to give the people an opportunity to come and share if it's possible. Mayor Young: We have a motion and a substitute motion on the floor, and that is to change our Commission meetings to 3 p.m. So we'll go ahead and vote on that one first. All in favor of the substitute motion to move our meetings to 3 p.m., please vote aye. (Vote on substitute motion) Mr. Beard, Mr. J. Brigham, Mr. Shepard and Mr. Kuhlke vote no. Motion fails 4-4-1. Mayor Young: Now we'll vote on the original motion, and that is to move our meeting time to 4 p.m. If you're in favor of that, please vote aye. (Vote on original motion) Mr. Beard, Mr. Bridges, Mr. J. Brigham, Mr. Shepard, Mr. Kuhlke and Mr. Colclough vote no. Motion fails 3-6. Mayor Young: Let's go ahead and move to the addendum agenda. Clerk: Item 2, Addendum Agenda: Consider appointment of Mr. Peter M. Shirley to fill the unexpired term of Mr. John Moretz on the Human Relations Commission. (Requested by Commissioner Shepard) Mr. Shepard: I so move, Mr. Mayor. Mr. Bridges: Second. Mayor Young: Motion and second. Any discussion? All in favor, please vote aye. Motion carries 9-0. Clerk: Item 3, Addendum Agenda: Award contract to Graves Environmental for construction of four (4) wells referred to as Little Spirit Creek Wellfield (Account #5080043410-5425110). Mr. Oliver: We received these bids late last week. We felt that since there was three weeks till the next Commission meeting because of the way the scheduling work and that this is the low bid and it is within budget, we felt it was in the best interest of the community to proceed with this project at this time. Mr. Bridges: I make a motion to approve, Mr. Mayor. Mr. J. Brigham: Second. Mayor Young: Motion to approve and second. Any discussion? Mr. Bridges? Mr. Bridges: Mr. Mayor, I think this is a good motion. I know it's our normal policy to bring this through Committee, but we lose two weeks. This area is a critical area for water. This is the old Waynesboro-Brown Road area where we had one of our problems, along with Tobacco 31 Road and the 60" line as well. And so I think it's good that we brought it here today. I hope my colleagues will approve this for alleviation of some of the water problems that we've had in the past. Mayor Young: Any further discussion? All in favor of the motion, please vote aye. Motion carries 9-0. Mayor Young: The Chair would note, too, on the agenda items, for back-up information, Mr. Hicks, if you would notify your staff that we have a new chairman of the Engineering Services Committee? Thank you. Mr. Wall? Mr. Wall: Request a legal meeting to discuss pending matters. I do not have a personnel matter. I don't know whether someone requested that or not but I'm not familiar with that. Mr. Mays: I requested it, Mr. Wall. Mr. Wall: Okay. Mr. Shepard: I so move, Mr. Mayor, for the reasons stated. Mr. Kuhlke: Second. Mayor Young: All in favor of going into executive session, please vote aye. Motion carries 9--0. [LEGAL MEETING 3:15-3:55 P.M.] Mayor Young: We will come back to order. Let the record show that Mr. Kuhlke has had to depart the Chambers for the rest of the day. Item #62 will be the next item, Madame Clerk. Clerk: Item 62: Motion to approve authorization for Mayor to execute affidavit of compliance with Georgia's Open Meetings Act. Mr. Shepard: I so move. Mr. Bridges: Second. Mayor Young: Any opposition? I will sign it without opposition, then. Mr. Kuhlke out. Motion carries 8-0. Mr. Wall: There was a request that one item be added to the agenda, and that's the settlement of the claim of Robert Jenkins for the sum of $20,000.00. Mr. Shepard: I move we add and approve. Mr. Colclough: Second. Mayor Young: Motion and second. Any discussion? All in favor, please vote aye. Mr. Kuhlke out. Motion carries 8-0. Mayor Young: We go back to Item 6 on the agenda. Item 6: S-581 - Kenmare Subdivision - Final Plat - Request for concurrence with the decision of the Planning Commission to approve a petition from Southern Partners, Inc., on behalf of Nordahl and Company, Inc. requesting Final Plat Approval of Kenmare Subdivision. This subdivision is located on Brown road adjacent to Carrington Subdivision, 785.18 feet west of the right-of-way or Markwalter Road and contains 18 lots. Mr. Bridges: I move approval of the plat. Mr. Shepard: Second. Mayor Young: Motion and second. Is there any discussion? All in favor, please vote aye. Mr. Kuhlke out. Mr. Cheek votes no. Mr. Colclough abstains. Motion carries 6-1-1. Mayor Young: Any other business? Mr. Wall: I think I need some direction as far as whether or not an appeal should be made. We do have a Court Order and so I would that if the instruction is to appeal, that the motion authorizing me be adopted. Mr. Oliver: Because failure to appeal it, it will be upheld in 30 days from the date of the entry of the Order, Mr. Wall? Mr. Wall: Yes, but the Order that is upheld is a mandamus order compelling us to approve the plat. 33 33 Mayor Young: Would someone like to make a motion to appeal? Mr. Colclough: [inaudible] Mr. Oliver: So the final vote is 6-1-1. Clerk: I believe that's correct. Mayor Young: 6-1-1? All right. Is there any additional business to come before the Commission? We'll entertain a motion to adjourn. We're adjourned without objection. [MEETING ADJOURNED 4:00 P.M.] Nancy W. Morawski Deputy Clerk of Commission CERTIFICATION: I, Nancy W. Morawski, Deputy Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of Augusta Richmond County Commission held on February 14, 2000. Deputy Clerk of Commission 33