HomeMy WebLinkAbout11-20-2001 Regular Meting
AUGUSTA RICHMOND COUNTY COMMISSION
REGULAR MEETING
COMMISSION CHAMBER
November 20, 2001
Augusta Richmond County Commission convened at 2:03 p.m.,
Tuesday, November 20, 2001, the Honorable Bob Young, Mayor, presiding.
PRESENT: Hons. Colclough, J. Brigham, Mays, Kuhlke, H.
Brigham, Shepard, Beard, Cheek, Williams and Bridges, members of
Augusta Richmond County Commission.
Also present: Jim Wall, Attorney; George Kolb, Administrator; and
Lena Bonner, Clerk of Commission.
The Invocation was given by Rev. Wright.
The Pledge of Allegiance was recited.
EMPLOYEE OF THE MONTH:
Ms. Elizabeth Kinsey
Clerk of Superior Court
RECOGNITION:
Wastewater Treatment Staff
Mr. Mayor: Madame Clerk, do we have any additions or deletions to
the agenda today?
The Clerk: Yes, sir, we have a request to add one item.
ADDENDUM AGENDA:
1. Select a voting delegate for the NLC Conference.
Mr. Mayor: Is there any objection to adding this item? None heard,
so we will add that item to the agenda. Let’s move along then with our
consent agenda.
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The Clerk: Our consent agenda consists of items 1 through 52.
That’s items 1 though 52. If there any objectors to the planning
petitions or the alcohol license petitions, would you please signify your
objection by raising your hands? That’s all objectors to the consent
planning petitions or the alcohol petitions, would you please signify your
objections by raising your hand?
1. Z-01-69 - A request to concur with the Augusta-Richmond
County Planning Commission to approve a petition by T. M.
Nickles, on behalf of Reid Memorial Presbyterian Church,
requesting a Special Exception for the purpose of establishing a
cemetery for burial of ashes of cremated persons per Section 26-1
(m) of the Comprehensive Zoning Ordinance for Augusta-
Richmond County affecting property located at 2261 Walton
Way. (Tax Map 34-4, Parcel 79 and 80) and contains
approximately 4.5 acres.
2. Z-01-73 – A request to concur with the Augusta-Richmond
County Planning Commission to approve a petition by C. Ralph
Kitchens, on behalf of Robert P. Thomas, requesting a change of
zone from Zone B-1 (Neighborhood Business) to Zone B-2
(General Business) affecting property located at 3883
Wrightsboro Road (Tax Map 39 Parcel 28) and contains
approximately 3 acres.
The Clerk: Are there any objections to those planning petitions?
Mr. Mayor: None are noted, Madame Clerk.
The Clerk: On the alcohol petitions:
7. Motion to approve a request by the License & Inspections
Department to renew all the Alcohol Beverage Licenses, Sunday
Sales, Wholesale Dealers & Adult Entertainment in Augusta
Richmond County for the year 2002 with the exception of Top of
the Hill Lounge. District 1 thru 8. Super District 9 & 10.
(Approved by Public Services Committee November 13, 2001)
8. Motion to approve a request by Carl F. Cain for a retail package
Beer & Wine License to be used in connection with Smith-Bell
Petroleum located at 3020 Tobacco Road in accordancewith
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conditions Tobacco Rd. District 4. Super District 9. (Approved by
Public Services Committee November 13, 2001)
9. Motion to approve the suspension of the Alcohol License until all
taxes are paid and after which six-month probation for Henry
McLendon for Goodfellas Food & Spirits (Henry’s) locatedat
3328 Washington Rd. for the following violation: failure to pay
excise taxes. District 7. Super District 10. (Approved by Public
Services Committee November 13, 2001)
10. Motion to approve the revocation of the Alcohol Beverage License
held by Charlie Sturgis for Top of the Hill Lounge located at 2306
Gordon Highway for the following violation: failure to pay excise
taxes. District 4. Super District 9. (Approved by Public Services
Committee November 13, 2001)
The Clerk: Are there any objections to those alcohol petitions?
Mr. Mayor: Which item?
Mr. Speaker: Number eight.
Mr. Mayor: Number eight, thank you.
The Clerk: That’s it, Mr. Mayor, for the alcohol and planning
petitions.
Mr. Mayor: Gentlemen, what’s your pleasure with respect to the
consent agenda?
Mr. Cheek: Move to approve, Mr. Mayor.
Mr. Williams: Second.
Mr. Mayor: Motion to approve with a second. We will pull out item
8. We had a communication from Mr. Sonny Pittman; you’d like to speak to
item number 12? Sonny, is that right? Okay. So we’ll pull out item 12. Go
ahead, Mr. Cheek?
Mr. Cheek: Item 7, please.
Mr. Mayor: Item 7? Okay.
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Mr. Williams: Item 51, Mr. Mayor.
Mr. Mayor: 51, Mr. Williams. Mr. Kuhlke, did I hear you?
Mr. Kuhlke: Yes, sir. Item 45 and --
Mr. Mayor: 45 and --
Mr. Kuhlke: Just a minute.
Mr. J. Brigham: Item 10?
Mr. Mayor: Number 10?
Mr. Kuhlke: No. Are you pulling 10?
Mr. Wall: I’m pulling 10. Well, Mr. Brigham is.
Mr. Mayor: Mr. Kuhlke, you had item number 45? Any other items?
Mr. Mays, do you have an item you wanted to pull?
Mr. Mays: I think they probably want to get an explanation probably
on 9 and 10.
Mr. Mayor: 9 and 10?
Mr. Mays: Yes.
Mr. Mayor: Okay. Any others?
PLANNING:
1. Z-01-69 - A request to concur with the Augusta-Richmond
County Planning Commission to approve a petition by T. M.
Nickles, on behalf of Reid Memorial Presbyterian Church,
requesting a Special Exception for the purpose of establishing a
cemetery for burial of ashes of cremated persons per Section 26-1
(m) of the Comprehensive Zoning Ordinance for Augusta-
Richmond County affecting property located at 2261 Walton
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Way. (Tax Map 34-4, Parcel 79 and 80) and contains
approximately 4.5 acres.
2. Z-01-73 – A request to concur with the Augusta-Richmond
County Planning Commission to approve a petition by C. Ralph
Kitchens, on behalf of Robert P. Thomas, requesting a change of
zone from Zone B-1 (Neighborhood Business) to Zone B-2
(General Business) affecting property located at 3883
Wrightsboro Road (Tax Map 39 Parcel 28) and contains
approximately 3 acres.
3. AMENDMENT ZA-R-147– A request to concur with the
Augusta-Richmond County Planning Commission to approve a
petition to amend the Comprehensive Zoning Ordinance of
Augusta-Richmond County, Section 8-4, accessory buildings in
single-family residential zones.
4. ST. GEORGES TOWNHOUSES, PHASE ONE, SECTION
FOUR – S-625 – FINAL PLAT – A request to concur with the
Augusta-Richmond County Planning Commission to approve a
petition by Southern Partners, on behalf of ATC Development
Co., requesting final plat approval for St. Georges Townhouses,
Phase One, Section Four. This development is located on Marks
Drive, east of Abba Drive.
PUBLIC SERVICES:
5. Motion to approve the low bid meeting specifications for material
and installation of sports flooring for the Blythe Area Recreation
Center to Southern Surfaces & Equipment for $26,427.00.
(Approved by Public Services Committee November 13, 2001)
6. Motion to approve the firm of PRAD Group, Inc. for $28,760.00
for design services and contract administration for the Savannah
Place Park Gymnasium. (Approved by Public Services Committee
November 13, 2001)
7. Deleted from consent agenda.
8. Deleted from consent agenda.
9. Deleted from consent agenda.
10. Deleted from consent agenda.
11. Motion to approve award of parking management contract at
Augusta Regional Airport at Bush Field for a three-year period to
Republic/Payne Parking, as approved by the Augusta Aviation
Commission. (Approved by Public Services Committee November
13, 2001)
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ADMINISTRATIVE SERVICES:
12. Deleted from consent agenda.
13. Motion to approve the conveyance of façade easement to owner
and cancel Security Deed on property located at 921-927 Laney-
Walker Boulevard to facilitate the purchase of property by ANIC
for new office facility. (Approved by Administrative Services
Committee November 13, 2001)
14. Motion to approve the reprogramming of $20,000 in Community
DevelopmentBlock Grant funds for Neighborhood Beautification
Projects in the Turpin Hill Neighborhood and other targeted low-
income areas. (Approved by Administrative Services Committee
November 13, 2001)
PUBLIC SAFETY:
15. Motion to accept contract with Southern LINC regarding the
implementation of E911 Phase I Wireless Service. (Approved by
Public Safety Committee November 13, 2001)
16. Motion to approve the quotation from New World for software
agreement for 28 new Mobile Data Units to be added to the
existing Mobile Data System for the Sheriff’s Department.
(Approved by Public Safety Committee November 13, 2001)
17. Motion to approve the termination of the current contracts with
ChequePointe Software and RAN Services and approve entering
into contracts with Cornerstone Logic, Inc. for FBO Manager
software, related hardware, and services. (Approved by Public
Safety Committee November 13, 2001)
18. Motion to approve the lease agreement between the Unitarian
Universalist Church of Augusta and Augusta Richmond County
Commission for property located adjacent to Fire Station #9,
consisting of 0.16 acre. This lease agreement will begin January 1,
2002. (Approved by Public Safety Committee November 13, 2001)
FINANCE:
19. Motion to approve refunding 1999 taxes paid in error in the
amount of $20.35 to Groves Suites on business account no.
1342782. (Approved by Finance Committee November 13, 2001)
20. Motion to approve the abatement balance of 2001 taxes on
property known as 3103 Chelsea Drive. (Approved by Finance
Committee November 13, 2001)
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21. Motion to abate ad valorum taxes for 2001 for Augusta Boxing
Club property at 1929 Walton Way. (Approved by Finance
Committee November 13, 2001)
22. Motion to approve allowing the Coroner of Jefferson County,
Georgia to purchase one surplus Crown Victoria from the
Augusta Commission through the auction process at the minimum
amount of $2,500 subject to the appraisal of the Fleet Manager.
(Approved by Finance Committee November 13, 2001)
23. Motion to abate tax balance for 2001 for Map 18-3, Parcel 121
(Bryan H. and Gloria G. Boltz). (Approved by Finance Committee
November 13, 2001)
24. Motion to abate taxes for 2001 on property known as Map 34-1,
Parcel 311. (Approved by Finance Committee November 13, 2001)
25. Motion to abate balance of 2001 taxes on Map 37-3, Parcel 106.
(Approved by Finance Committee November 13, 2001)
26. Motion to abate balance of 2001 taxes, Map 6, Parcel 15, Richard
N. Ransom, Jr. (Approved by Finance Committee November 13,
2001)
27. Motion to abate taxes on the following: Map 70-4, Parcel 12; Map
70-4, Parcel 69; Map 87-3, Parcel 177. (Approved by Finance
Committee November 13, 2001)
28. Motion to approve SPLOST Agreement with the Imperial
Theater, Inc. in the amount of $150,000.00. (Approved by Finance
Committee November 13, 2001)
29. Motion to approve the acquisition of One (1) 15,000 GVW Fire
Rescue Truck for the Augusta Regional Airport from Bobby
Jones Ford of Augusta, Georgia for $42,662.96 (lowest bid offer
on Bid 01-119). (Approved by Finance Committee November 13,
2001)
30. Motion to approve SPLOST Agreement with the East Central
Georgia Regional Library in the amounts set forth, and for the
projects listed: (Approved by Finance Committee November 13,
2001)
Materials for new facilities:
$100,000.00 for the calendar year 2001
$100,000.00 for the calendar year 2002
$200,000.00 for the calendar year 2003
$200,000.00 for the calendar year 2004
$400,000.00 for the calendar year 2005
South Augusta Branch:
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$1,625,000.00 for the calendar year 2002
Main Branch:
$1,500,000.00 for the calendar year 2002
$1,000,000.00 for the calendar year 2004
$4,875,000.00 for the calendar year 2005
ENGINEERING SERVICES:
31. Motion to approve condemnation against Janelle Watson, W.
Mikell Watson, and Patricia W. Warren as Trustees under the
LWT of James M. Watson, as owners, and Augusta Georgia, for
the following captioned located at 3139 Peach Orchard Road: 887
square feet, more or less, of permanent utility and maintenance
easement and 885 square feet, more or less, of temporary
construction easement. (Approved by Engineering Services
Committee November 13, 2001)
32. Motion to approve condemnation against W. Mikell Watson,
Patricia W. Warren and L. B. Folley, Jr. for the captioned
property located at 3139 Peach Orchard Road: 724 square feet,
more or less, of permanent utility and maintenance easement and
548 square feet, more or less of temporary construction easement
(Approved by Engineering Services Committee November 13,
2001)
33. Motion to authorize condemnation against property identified as
Tax Map 18, Parcel 3.1. (Approved by Engineering Services
Committee November 13, 2001)
34. Motion to approve condemnation of a portion of Tax Map 98-2,
Parcel 105, which is owned by Thomas Mangelly and LaRue
Mangelly, for right-of-way on the Bungalow Road Improvement
Project. (Approved by Engineering Services Committee
November 13, 2001)
35. Motion to approve a proposal from Cranston, Robertson &
Whitehurst, P.C. in the amount of $13,568 to provide the design
for a chlorine injection system for the Greenland Elevated
Storage Tank Site. (Approved by Engineering Services Committee
November 13, 2001)
36. Motion to approve a proposal from Cranston, Robertson &
Whitehurst, P.C. in the amount of $39,470 to provide an economic
evaluation of the final three options for the Central Connector
Water Main. (Approved by Engineering Services Committee
November 13, 2001)
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37. Motion to approve proposed list of streets for resurfacing by
County forces (CF01A) to be forwarded to Georgia Department
of Transportation for approval to utilize asphalt from their
asphalt plant located in Augusta Richmond County. (Approved
by Engineering Services Committee November 13, 2001)
38. Motion to authorize condemnation of a portion of Tax Map 86-3,
Parcel 54, which is owned by Gwendolyn B. Bussey and Dion L.
Booker, for a right-of-way in connection with the Bungalow Road
Improvement Project, more particularly described as 343.20
square feet, more or less, of right-of-way and 837.01 square feet,
more or less, of temporary construction easement. (Approved by
Engineering Services Committee November 13, 2001)
39. Motion to authorize condemnation of a portion of Tax Map 86-3,
Parcel 52, which is owned by Jean B. Stout and John B. Stout, for
a right-of-way in connection with the Bungalow Road
Improvement Project, more particularly described as 648.19
square feet, more or less, of right-of-way and 370.50 square feet,
more or less, of temporary construction easement. (Approved by
Engineering Services Committee November 13, 2001)
40. Motion to authorize condemnation of a portion of Tax Map 86-3,
Parcel 143, which is owned by Theron F. Parks and Jean
Hernandez, for a right-of-way in connection with the Bungalow
Road Improvement Project, more particularly described as
313.78 square feet, more or less, of right-of-way and 1,300.91
square feet, more or less, of temporary construction easement.
(Approved by Engineering Services Committee November 13,
2001)
41. Motion to authorize condemnation of a portion of Tax Map 86-3,
Parcel 44, which is owned by AOF/Augusta Affordable Housing
Corporation, for a right-of-way in connection with the Bungalow
Road Improvement Project. (Approved by Engineering Services
Committee November 13, 2001)
42. Motion to authorize condemnation of a portion of Tax Map 98-2,
Parcel 23, which is owned by Pak Kwan Chan, Siu Pik Cheng and
Pui Yin Chan, for right-of-way in connection with the Bungalow
Road Improvements Project. (Approved by Engineering Services
Committee November 13, 2001)
43. Motion to approve condemnation against Daniel F. Hollingsworth
for the captioned property located at 3123 Peach Orchard Road:
5’ wide, 500 square feet, temporary construction easement located
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adjacent toan existing permanent easement on the subject land.
(Approved by Engineering Services Committee November 13,
2001)
44. Motion to approve condemnation against Dr. David B. Avery for
the captioned properties located at 3041 Peach Orchard Road and
3039 Peach Orchard Road: a permanent 20’ wide, 2,999 square
feet utility easement located at 3041 Peach Orchard Road and a
temporary 20’ wide, 683 square feet utility easement located
adjacent to the permanent easement; and a permanent 20’ wide,
1,360 square feet utility easement located at 3039 Peach Orchard
Road. (Approved by Engineering Services Committee November
13, 2001)
45. Motion to approve a project for construction of new office space
for the Public Works and Engineering Department in conjunction
with construction of the new building for the Utilities Department.
(Approved by Engineering Services Committee November 13,
2001)
46. Motion to approve Local Government Project Agreement with the
Georgia Department of Transportation on the construction of
Transportation Control Center Project. (Approved by
Engineering Services Committee November 13, 2001)
47. Motion to approve an Option for Right-of-Way between Ok Cha
Kervin, as owner, and Augusta, Georgia, for the following
property for a purchase price of $12,346.00: 2,660.08 square feet,
more or less, of right-of-way and 630.79 square feet, more or less,
of temporary construction easement. (Approved by Engineering
Services Committee November 13, 2001)
48. Motion to authorize condemnation of a portion of Tax Map 107,
Parcel 832.2, which is owned by Meridian Trust Company, for a
temporary construction easement in connection with the Barton
Chapel Road Improvement Project, Phase II, more particularly
described as 4394.88 square feet, more or less, of temporary
construction easement. (Approved by Engineering Services
Committee November 13, 2001)
PETITIONS & COMMUNICATIONS:
49. Motion to approve the regular minutes of the Commission
meeting held Wednesday, November 7 and the Special Called
meeting held Tuesday, November 13, 2001.
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APPOINTMENT:
50. Motion to approve the appointment of Mr. Scott Levine to the
Riverfront Development Committee representing District 6.
ATTORNEY:
51. Deleted from consent agenda.
52. Motion to approve an Ordinance amending Augusta Richmond
County Code Section 3-5-86 so as to permit motorized carts on
certain designated streets under the conditions set forth, and for
other purposes. (Approved by Commission November 17, 2001 –
second reading)
Mr. Mayor: Any others? We have a motion to approve the consent
agenda, minus items 7, 8, 9, 10, 12, 45, and 51. Are there any other items?
All in favor of the consent agenda, please vote aye.
Mr. Shepard out.
Motion carries 9-0.
Mr. Mayor: Since we have a large group of people here for item 8,
let’s go ahead and take that one up, Madame Clerk.
The Clerk:
8. Motion to approve a request by Carl F. Cain for a retail package
Beer & Wine License to be used in connection with Smith-Bell
Petroleum located at 3020 Tobacco Road in accordance with
conditions Tobacco Rd. District 4. (Approved by Public Services
Committee November 13, 2001)
(16 objectors noted)
Mr. Mayor: Stewart, you want to tell us about this?
Mr. Walker: This meets all the requirements of License & Inspection
Department and has been approved by the Sheriff’s Department. We
recommended approval in Committee and it was approved.
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Mr. Mayor: All right. And we have some objectors to this. Is there a
spokesman for the group or some of you who would like to speak? Yes, sir,
if you’ll come up and give us your name and address for the record.
Mr. Turko: My name is Jim Turko. I reside at 4680 Rollins Road,
Augusta, Georgia 30906. And I’m representing Friendship United
Methodist Church as an organization. We’re opposed to the liquor license.
I’ll be brief here, but the church was originally built in 1864 and served the
community there. It was rebuilt in 1914. The present structure has been
built in 1906, but since that time in 1864 we’ve been outreaching the
nurturing the community there, raising children there. In fact, in our church
we have members here that have five generations of family in that church,
where no alcohol has been served. Now the location of our church kind of
looks down on the convenience store across the street, and it’s true by the
letter of the law, door to door they are more than 300 feet apart, but the
actual properties are not that far apart. Just the width of Tobacco Road. But
we don’t want to unduly influence any of our children or members of our
church with drinking. There is also a community center, I believe, in the
subdivision right behind there that would probably adversely be affected,
too. That’s what I have to say. And as Christians, we just oppose it.
Mr. Mayor: Thank you very much. Any others who would like to
speak? Yes, ma’am, if you’ll come forward and give us your name and
address for the record, please.
Ms. Braswell: My name is Patricia Braswell. I reside at 2148 Greene
Street, Augusta 30904. I am a member of Friendship United Methodist
Church, and as a member and working with children and teens in the church,
I, too, along with other church members, oppose the liquor license. We
don’t oppose the store as such because it would certainly be an asset to us
with teen activities and things of that nature that we would need Cokes and
ice and things of that nature for. But as far as the liquor license, I think it
would be putting an influence on our children and our teenagers as they see
people going in and out on Sunday, especially, buying liquor and other
things that they just don’t need to see. And I think it would also add a lot of
traffic to Tobacco Road that we don’t need across from the church. Again,
as a church member and having children of my own, I’m definitely opposed
to it. Thank you.
Mr. Mayor: Thank you. Any others? Is the petitioner here?
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Mr. Cain: Yes, sir.
Mr. Mayor: Would you like to come up and be heard?
Mr. Cain: If I could, just a second.
Mr. Speaker: Yes, sir, you may. You are Mr. Cain?
Mr. Cain: I am, sir. I guess the first thing, I just want to take a minute
or two and I’m probably going to say some things to you Commissioners
that you’re already quite aware of. I’d also like to say to the church that I’m
very sensitive to what you’re saying. I have children and grandchildren, too.
I am also a Christian; okay? There are a couple of things I’d like to --
misconceptions that I think that involve the church. First of all, obviously
we’re not applying for a liquor license; we’re applying for beer and wine.
Secondly, there would be no beer or wine sold on Sunday. I understand
that’s a requirement here in Augusta, and if it wasn’t a requirement we still
would not do that on Sunday, because in deference to the church. Some
folks seem to think that a convenience store is not a substantial investment.
I’d just like to point out a few things. First of all, the building, equipment,
property represents a $1.2 million initial investment. We pay a payroll in
excess of $2,000 per week to store personnel who work at that store. We
have seven employees. Of course, as any business, we pay taxes to all levels
of government -- state, sales taxes, property taxes, etc. Federal excise and
all that. The other thing I wanted to point out -- I think that the previous
owners may have left -- the previously operators, actually, may have left a
bad taste in people’s mouth. They did not just close its door when the Stop
& Shop people left; they walked away from stores in three states, South
Carolina, Tennessee, as well as those in Georgia. However, this was the
only store that did not sell beer and wine. Smith-Bell took this store over in
April, approximately seven months ago. We did not immediately apply for a
beer and wine license, and there were several reasons for that. One, we
wanted to find out what the community wanted, and we wanted to talk to
community leaders to see what was going on there. That was number one.
Number two, we wanted to be able to let the community know that we were
going to be responsible operators, whether there was beer and wine there or
not. A convenience store can create problems for a community if it’s not
operated responsibly. It becomes a focal point for activity other than what is
desirable in a community, so you have to be a responsible operator to keep
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that from happening. And a third thing we wanted to find out for ourselves
is could we in fact operate that convenience store without a beer and wine
license, without selling beer and wine, and operate it profitably. Now we’ve
listened to the community, and I think we’ve listened intently, and I think
that we have either implemented all of the recommendations that was put
before us or are in the process of implementing those recommendations. We
have agreed to stipulations. Smith-Bell is a tenant with a long-term lease on
that store, but with the ability to purchase that store, and if we purchase that
store we would be willing to put those stipulations I think that the
community would like in there to make sure that these things occur on a
long-term basis. So we have done that. Unfortunately in the approximately
seven months we’ve run the store, we have not had a break-even. Now I
could quote statistics from the National Association of Convenience Stores
about what beer and wine does to a convenience store, but simply put,
without beer and wine we lose those potential sales, but the loss of those
sales also impacts other categories such as bread, gas, chips, milk, cigarettes,
candy, etc. People simply go to where they buy their beer and wine and get
all these other things. All business units must ultimately stand alone and not
only pay for themselves but show an acceptable profit. All of us know that
as businessmen. If a unit does not pay for itself, the rapid demise of that
business is inevitable. If we must close the store because we cannot make it
a profitable operation, the community will lose a clean, attractive store that
offers very competitive prices in that community. And for a while, at least,
that store will be vacant while another operator in another type of business
can be found, if one can be found. Not to mention the seven people that
would lose their jobs. I do hope that you will grant us an application. If you
do, I assure you that we will continue to be sensitive to the needs of the
community and we will work with the church to try to help them with what
they have objections to. That’s all I have, gentlemen.
Mr. Mayor: Thank you. Do the Commissioners have any questions?
Comments? What’s your pleasure, gentlemen? Mr. Cheek?
Mr. Cheek: Mr. Mayor, this is improperly listed as District 4. This is
actually in District 6. And having spoken numerous times with the
neighborhoods in those areas, Sand Ridge, members of the church, there was
an expressed concern last year when we went through this particular
business about loitering and other things that may have occurred. Those
things have not happened, and a lot of that’s attributed to not having that
beer and wine license at that establishment. We have been passed out a map
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here by our Attorney and it shows you the high density of homes in that
area. We have a major cloverleaf going in, very little in the way of road
work that will be done from about the point of this store down past Sand
Ridge. There’s a lot of reasons that I think we should continue to deny this
particular license, the main reason being that the neighborhood around there
who supports our community center and operates it, the streets where
children still play and walk to and from the community center and to each
other’s homes, are all in very good staid right now. That’s what we need to
preserve, so I make a motion at this point in time that we deny this license.
Mr. Bridges: Second.
Mr. Mayor: We have a motion to deny that has been seconded.
Discussion?
Mr. J. Brigham: Mr. Mayor, I think there is a gentleman from the
neighborhood association that wants to speak.
Mr. Mayor: All right, sir, if you’ll come up and give us your name
and address for the record, please.
Mr. Sikes: Sammy Sikes, 3839 Crest Drive, Hephzibah. I spoke at
the Public Service Committee meeting and normally we in the church agree
on about one percent of the things and we initially opposed this beer and
wine license request by that store. Now one of the reasons why we opposed
it was some of the reasons that Commissioner Cheek just mentioned. And
we asked those store owners to address those issues. And one of those
issues included installing a fence, additional lighting, loitering, and the
conditions of putting those requirements on to any subsequent owners and
also those same conditions with this beer and wine request, and the owners
subsequently submitted to those voluntarily, which made it part of the
application. So with that in mind, as far as the actual beer and wine itself
goes, we don’t object to that as long as those conditions are me.
Mr. Mayor: All right. Thank you, sir. Mr. Beard, did you have your
hand up?
Mr. Beard: I just wondered -- and maybe I didn’t hear. Stewart, did
they meet all the requirements?
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Mr. Walker: Yes, sir, they did.
Mr. Beard: Okay. That’s all.
Mr. Mayor: Let’s see, who hasn’t spoken yet? Mr. Bridges?
Mr. Bridges: Thank you, Mr. Mayor. Like Mr. Cheek, I don’t think a
lot has changed in the year’s time for the reasons that we denied this license
previously. Obviously the church is still in opposition to it. We do have
that discretion in our ordinance to consider things like proximity to
churches, proximity to school. There’s a new school being built just across
Highway 1 at Fort Gordon, so you’re going to have a school near you after
that’s completed. As you can tell from this map that was passed out earlier,
we’re not denying anybody the right to buy alcohol from anywhere in the
vicinity should they desire to do so. There are already several locations up
and down Tobacco Road, in fact on either of this one, that you can buy beer
and wine or alcohol, so we’re not denying anybody that. And I would
propose those reasons for denying this license once again.
Mr. Mayor: All right, Mr. Cheek?
Mr. Cheek: Thank you, Mr. Mayor. And the follow up on what
Commissioner Bridges said, you can drive, literally drive probably no more
than several hundred yards, a couple of hundred yard on Tobacco Road and
you can find an establishment selling beer and wine. The thing that we don’t
have -- we have plenty of convenience store development. What we don’t
have out there is the nice restaurants and other stores that people have asked
so much for. This is a step in the wrong direction, and due to the fact that
there’s already a dozen or so businesses located on Tobacco Road that sell
beer and wine, I don’t think this is something that’s of benefit to the
community as much as it is a profit-making tool. So I urge my colleagues to
consider denying this.
Mr. Mayor: Is there any further discussion on the motion? Yes, Mr.
Jerry Brigham?
Mr. J. Brigham: Mr. Mayor, I’m going to make the motion that
we approve this license as it was approved by Committee with all
stipulations attached.
16
Mr. Mayor: Is there a second?
Mr. Kuhlke: Second.
Mr. Mayor: Motion and second to approve with the stipulations. Any
further discussion?
Mr. Kuhlke: Mr. Mayor?
Mr. Mayor: Yes, Mr. Kuhlke?
Mr. Kuhlke: I’m not sure he went over all the stipulations that he
pointed out in the Public Service meeting, and you might want to do that.
Mr. Mayor: Are those contained in the back-up information? Well,
Stewart, do you have the stipulations?
Mr. Walker: No, sir, I do not.
The Clerk: They’re in your back-up.
Mr. Mayor: All right.
The Clerk: You want me to read them into the record?
Mr. Mayor: If you would, Madame Clerk, read those into the record.
The Clerk: This is a retail wine license request, reference Carl F.
Cain, request for beer and wine license in connection with Smith-Bell
Petroleum located at 3020 Tobacco Road. The following conditions are
requested pursuant to a license being issues:
Install and maintain two additional street pole lights of high
intensity.
Do not conduct or allow an activity that may attract potential acts
of disorderly conduct or noise violation, such as block parties, auto
detailing, concerts, etc. Car washes and other family oriented events
aren’t an issue.
Vigorously enforce a no loitering policy and do not allow
individuals to conduct personal business on the premises.
17
Install and maintain a 6-foot fence around the policy. This fence
will enclose the New Karleen Rd. side of the start at the property
including the side parking lot. Additionally this fence will extend out on
the opposite side an appropriate number of feet to prevent loitering.
Additionally, it is requested that these conditions be imposed as a
site requirement and transferred to any future owners.
Mr. Mayor: Okay, Mr. Kuhlke?
Mr. Kuhlke: I just -- that’s part of your motion?
Mr. J. Brigham: Yes, sir.
Mr. Kuhlke: I just wanted to make it part of the record.
Mr. Mayor: Anything further? All in favor of the substitute motion to
grant the license with those stipulations, please vote aye. And while they’re
voting, let me welcome Commissioner-Elect Tommy Boyles to the table up
here.
(Vote on substitute motion with stipulations)
Mr. Cheek, Mr. Bridges and Mr. Williams vote No.
Mr. Mays not voting.
Motion carries 6-3.
Mr. Mayor: So the license has been approved.
The Clerk: Yes, sir.
Mr. Mayor: All right. That will take us back to -- let’s go back to
item number 7. Mr. Cheek asked for that one to be pulled.
Mr. J. Brigham: Mr. Mayor, can we do item number 9 [inaudible]?
Mr. Mayor: Madame Clerk, at the request of Commissioner Brigham,
let’s take up items 9 and 10, and then we’ll go back to item 7.
The Clerk: I beg your pardon, sir?
18
Mr. Mayor: We’ll take up items 9 and 10 at the request of
Commissioner Jerry Brigham, and then we’ll go back to item 7.
The Clerk:
9. Motion to approve the suspension of the Alcohol License until all
taxes are paid and after which six-month probation for Henry
McLendon for Goodfellas Food & Spirits (Henry’s) located at
3328 Washington Rd. for the following violation: failure to pay
excise taxes. District 7. Super District 10. (Approved by Public
Services Committee November 13, 2001)
10. Motion to approve the revocation of the Alcohol Beverage License
held by Charlie Sturgis for Top of the Hill Lounge located at 2306
Gordon Highway for the following violation: failure to pay excise
taxes. District 4. Super District 9. (Approved by Public Services
Committee November 13, 2001)
Mr. Mayor: Okay. Mr. Brigham, you wanted some discussion on
this?
Mr. J. Brigham: I think License has some information about 10. I’m
not sure about 9.
Mr. Walker: Number 9, Mr. McLendon has not finished paying the
taxes, so if it passes today his license would be suspended until they paid.
He still owes April and all the penalties. The only recommendation I would
make was that according to y’all policies before, the first offense on alcohol
has been one year probation, not six months, and I would recommendation
we do one year probation on them and recommend on that one, what you
pass that with a one year probation instead of six months. On number 10,
Mr. Sturgis, Top of the Hill, has paid all his taxes up to date, plus penalty,
interest and everything as of today. He paid some last week, finished up
today. We recommend that you approve his license for 2002 and put him on
probation for 12 months.
Mr. Mayor: Mr. Wall, you had indicated you wanted to be heard on
one or both of these items, 9 and 10?
Mr. Wall: Number 10. I think that --
19
Mr. Walker: Mr. [inaudible] can tell you [inaudible]
Mr. Berry: We’re going to withdraw the complaint on that one.
Everything was worked out regarding the [inaudible] taken out. We’re
going to withdraw the complaint [inaudible].
Mr. Mayor: You’re withdrawing your complaint on item 10?
Mr. Berry: Yes, sir.
Mr. J. Brigham: If a motion is in order, I’m going to make a
motion that we on Item #9 suspend the license until all taxes are paid,
and once they are paid, that they are placed on a 12-month probation. I
think that’s the only change in that as to what’s [inaudible].
Mr. Mayor: Okay. You want to go ahead and do item 10, Mr.
Brigham?
Mr. J. Brigham? On Item 10, I would make a motion that we
place them on a 12-month probation for failure to pay excise taxes.
Mr. Cheek: Second.
Mr. J. Brigham: [inaudible]
Mr. Mayor: We’re going to do that in item 7.
Mr. J. Brigham: Okay.
Mr. Mayor: So we have a second to the motion. Any discussion?
Mr. Bridges?
Mr. Bridges: Jim, I guess four years ago we did an ordinance in
which there is step we went through for these people that violated alcohol
license or didn’t pay the taxes, and that type of thing. Is this consistent with
that ordinance? I think there were like four steps before we actually just
closed the doors.
Mr. Wall: Well ---
20
Mr. Bridges: Mr. Walker is saying it is.
Mr. Walker: This is -- that’s why I changed from six months to 12
months probation.
Mr. Bridges: Okay.
Mr. Walker: The first step was 12 months probation. I looked it back
up in the office.
Mr. Bridges: Okay. That answers it.
Mr. Mayor: Any other questions or comments? So the motion is to
approve items 9 and 10. Number 9, that would be a suspension until the
taxes are paid, followed by a 12-month probation. Then item 10 would be
12 months probation. All in favor of the motion on items 9 and 10, please
vote aye.
Motion carries 10-0.
Mr. Mayor: All right. Now we’ll go back to item number 7.
The Clerk:
7. Motion to approve a request by the License & Inspections
Department to renew all the Alcohol Beverage Licenses, Sunday
Sales, Wholesale Dealers & Adult Entertainment in Augusta
Richmond County for the year 2002 with the exception of Top of
the Hill Lounge. District 1 thru 8. Super District 9 & 10.
(Approved by Public Services Committee November 13, 2001)
Mr. Mayor: Mr. Cheek, you asked this item be pulled.
Mr. Cheek: Yes, sir, Mr. Mayor. I have no problem with passing
these through on a blanket because most of them obey the law and don’t
cause problems, but there are several within this city that there are repeated
histories of fights and DUIs and things, and I would hope that in the future
we could use this particular time of the year to remind them that they need to
tighten up and maybe get a status report on the problem ones, like we had
21
Tinted Windows this last year, had some problems, and we agreed to work
with them. That we get a status report on how they have done as to our
instructions and have that accompany this blanket perhaps next year.
Mr. Mayor: Thank you so. So we’ll entertain a motion, and I would
guess we would exclude the exception of Top of the Hill Lounge?
Mr. Beard: I so move.
Mr. Mayor: Was there a motion?
Mr. Beard: Yes.
Mr. Mayor: Mr. Beard moves with the exception of --
Mr. Beard: Of the Top of the Hill Lounge.
Mr. H. Brigham: Second.
Mr. Shepard: Second.
Mr. Mayor: Second from Mr. Henry Brigham. Mr. Shepard, you
seconded?
Mr. Shepard: It doesn’t matter.
Mr. Mayor: Any discussion?
Mr. Williams: Mr. Mayor, I need some clarification there.
Mr. Mayor: Yes?
Mr. Williams: If I can, and you’re saying exception of Top of the
Hill, that means they are not under --
Mr. Mayor: No, they’re included in that. Because we put them on 12
months’ probation.
Mr. Williams: I just wanted to make sure we are clear.
22
Mr. Mayor: We took that out.
Mr. Williams: Okay, we took that out. All right, sir.
Mr. Mayor: So he’s treated like everybody else.
Mr. Williams: That’s all I’m asking.
Mr. Mayor: All in favor of the motion then please vote aye.
Mr. Colclough: Mr. Mayor, let it be known that I am going to vote no
against Sunday sales.
Mr. Mayor: The record will so reflect that. Anyone else?
Mr. Bridges: Same here, Ms. Boner.
The Clerk: Yes, sir.
Mr. J. Brigham: Mr. Mayor, I’m not voting for any alcohol license
with adult entertainment in violation of our ordinance.
Mr. Mayor: The record will so reflect that. Anyone else?
Mr. Colclough and Mr. Bridges vote No on all requests for Sunday
sales.
Mr. J. Brigham votes No on all requests for Adult Entertainment.
Motion carries 10-0.
Mr. Mayor: That takes us to item number 12.
The Clerk:
12. Motion to approve an Ordinance providing for the demolition of
certain unsafe and uninhabitable properties in the Bethlehem
Neighborhood: 1793 Martin Luther King Boulevard, 1033
Brayton Street, 1102-1120 Columbus Lane (District 2, Super
nd
District 9) and waive 2 reading. (Approved by Administrative
Services Committee November 13, 2001)
23
Mr. Mayor: Mr. Sherman, do you want to brief us on this? And I
think Mr. Pittman wants to be heard.
Mr. Sherman: This is just a continuation of our program to demolish
the unsafe and inhabitable structures. This is -- I believe it’s indicating four
addresses, but it’s actually six properties. It has been approved by the
historical -- three location, six properties.
Mr. H. Brigham: I move for approval.
Mr. Mayor: We have a motion to approve. Is there a second?
Mr. H. Kuhlke: Second.
Mr. Mayor: We have a second to that. Mr. Pittman?
Mr. Pittman: I just wanted, Mr. Mayor and Commissioners, to point
out the fact that the Historic Preservation Commission respectfully asks that
any properties in the Historic Districts that are slated or requested for
demolition come before our Commission, and not go through the
Administrative Services Committee so that we have no opportunity to
challenge such demolitions. Thank you.
Mr. Mayor: Thank you, Mr. Pittman. Anyone else want to be heard?
Motion to approval. All in favor of the motion please vote aye.
Motion carries 10-0.
Mr. Mayor: Next is number 45.
Mr. Kuhlke: Mr. Mayor, I’m going to defer to Commissioner Shepard
on this.
Mr. Mayor: All right. Let’s read the caption on this.
The Clerk:
45. Motion to approve a project for construction of new office space
for the Public Works and Engineering Department in conjunction
with construction of the new building for the Utilities Department.
24
(Approved by Engineering Services Committee November 13,
2001)
Mr. Mayor: All right. Commissioner Shepard?
Mr. Shepard: Thank you, Mr. Mayor. I needed a little additional help
on where all the money is coming from. And maybe Max and Teresa could
help us out here, if they’re here, or George. Let me tell you the line item
that I question. We have a current, I guess, Augusta utilities bond which we
passed in 2000 which would be source of $1.5 million. Then we have a
future 2000 bond. Well, we can’t have a future 2000 bond. My basic
question is do we have all the money for this project, or will future bond
issue be required to contribute to this project?
Mr. Hicks: Insofar as the construction of the Utilities Department
facilities, I don’t think the $1.5 million would pay for all that we’d like to do
under that campus concept, but it would definitely be able to buy some land,
get the architectural work or engineering work done, and then we were --
depending on how much it would then cost, depending on the site and the
concept that was developed, we would have additional funds in a future
bond issue. We had anticipated in the 2002 bond issue. But you’re right
about that 2000 bond issue has to stand on its own, and we just put enough
money in there to get started with it, and then we’d have to proceed from
there. I don’t know about Ms. Smith’s funds. Public Works.
Mr. Shepard: Right. But I mean, my point was you’re hoping to have
us include in a future issue at least $4.1 million in this?
Mr. Hicks: Yes.
Mr. Shepard: Is this more of a conceptual thing today --
Mr. Hicks: It is.
Mr. Shepard: Down payment type thing or what are we doing, Max?
Mr. Hicks: It is. The main reason for wanting to bring this forward
was so that the Commission would agree in concept to having a campus-type
facility development on which there would be located Public Works,
Utilities, and then we’d really like for License & Inspection and Planning &
25
Zoning to be a part of it as they could so that people in our county who
needed to get a building permit or needed to do some things would just have
one cluster of buildings to go rather than having to drive from Marvin
Griffin Road to Central Avenue or Peach Orchard Road or Bay Street or the
Municipal Building, but rather to have us in an area.
Mr. Shepard: And location, if I could follow up with one last question
-- location would be determined based on a future recommendation, I take it,
Max?
Mr. Hicks: Yes, sir. This today would just be an approval in concept.
We wanted to make sure that that was all right with the Commission and that
the Commission felt good about the concept of having a campus-type
facility. Now whether it could ever be a reality [inaudible], Commissioner
Williams will want to address that. I’ll just hush on that and let him --
Mr. Mayor: Max, let me ask you a question. With respect to the $1.5
million out of the current bond, if this concept is approved today, does that
authorize you to go ahead and begin the engineering work and design work
on the facility with the $1.5 million you already have?
Mr. Hicks: It would approve the concept. We would then have to
move forward with an engineer/architect.
Mr. Mayor: So some things will happen based on the vote today?
Mr. Hicks: Yes, sir. Yes, sir. And then we’d have to come back to
the Commission, of course, to approve.
Mr. Mayor: Mr. Williams?
Mr. Williams: Thank you, Mr. Mayor. Commissioner Bridges
appointed me Chairman of a Subcommittee for this concept, for this
campus-type setup. And what we tried to do was to not procrastinate as we
have done in a lot of other situations and try to get those things in place to
go ahead and start to moving forward, and we thought bringing this concept
to the Commission to let them know what we are trying to do and what we
want to do, we are renting spaces, we got different entities in our
government spread out all over the city, we talked about the campus concept
and we thought once we brought this to this group, we could go from then
26
and do the step so we wouldn’t be spinning our wheels sort of. But to bring
you up-to-day and to bring you aware of what we’ve been doing, we’ve been
meeting trying to decide on a location. We have not narrowed down a site
yet. But those are the things that we are working on and we think that if we
can get this part passed and this part through, then we’ll be able to go to the
next step or the next phase and that way we won’t be just sitting here talking
about what we need to do and we be doing something as we progress.
Mr. Mayor: All right. Mr. Cheek?
Mr. Cheek: Mr. Mayor, as the other Commissioner on that
committee, I’d like to follow along with what Commissioner William said
and add that there’s a half million dollars of state money for a traffic center
that will provide the equipment in this construction. There are also monies
available from the state to do construction work, should we get to that point.
We have also looked at an auxiliary 911 center perhaps being located at this
site, and several other smaller offices that would help us bring a lot of things
together under one roof and share some costs in building maintenance and
security and so forth. I just want to make sure for my purposes, now we
discussed the inclusion of, with several other sites, the potential renovation
and utilization of the Ward’s building at the Regency Mall complex. Now
that does not eliminate this with this language does it? Okay.
Mr. Mayor: Mr. Henry Brigham and then Mr. Beard.
Mr. H. Brigham: I was noticing that we had in the backup 22,000
Public Works and 20,000 for Utilities and another 20,000 for [inaudible]
operations. And I think you mentioned some other possibilities a few
minutes ago. Do you have any idea how much space that would be?
Mr. Hicks: No, sir. If you’re talking about the warehouse-type
facility, not only warehouse but also if we could, there was a desire
expressed that we could have some Fleet Maintenance facilities in that
vicinity also, because probably outside of the Sheriff’s Department and the
Fire Department, probably Public Works and Utilities have more trucks than
any other group, so it would seem to be a good thing to have in that same
vicinity. We don’t know what that would cost right at this time. It would not
be an essential part of it, but it’s just something to think about.
27
Mr. H. Brigham: But you have no objections of other agencies
coming in and carrying some of their weight, if not all of it?
Mr. Hicks: No, sir. In other words, we would, as far as the last cost
and everything goes, we would anticipate that everyone would be able to pay
a fair share of it. But no, we think that the citizens would be better served,
frankly, to have as much of it together as we could.
Mr. H. Brigham: I think Mr. Williams said that there was a possible
time table. Do you have any idea what kind of time table we’d be talking
about? Two years, three years?
Mr. Hicks: The real pressing issue is that building the Department of
Transportation has some money -- is Teresa in? She could probably
comment. Okay, George could comment on that.
Mr. Kolb: Mr. Mayor, members of the Commission, we have a letter
from GDOT advising us that we would lose the grant by June 30, July 1 of
next year if we don’t undertake preliminary design and have those -- all
items -- site selection, preliminary plans drawn, etc., by that time. We could
lose the grant. So we are moving forward because we do have the funding
in place for both Public Works and Utilities. Now it is our intent to locate a
site that could potentially include other facilities that are either not yet
planned or financed at this point in time. But we can go forward with these
two buildings funding is in place and since a leg of that funding formula is
in jeopardy at this time.
Mr. H. Brigham: Can we make that time table?
Mr. Kolb: We can make that time table if we start immediately,
which we have done. We’ve been instructed by the subcommittee to move
forward and bring this concept to the Commission for authorization to go
forward.
Mr. H. Brigham: Thank you.
Mr. Mayor: Thank you, Mr. Henry. Mr. Beard?
Mr. Beard: Well, first of all, I really don’t have any strong objections
to the concept, but it just appears to me from what I’ve heard here is a lot of
28
fragmentation, and I think -- I’ve heard from different people and it appears
to me, and maybe that’s just my slow thinking, that everybody is coming up
with something just a little different touch to all of this, and I think maybe
before we really proceed with this, we should get something more definitive.
Now if I haven’t heard that, maybe it’s my fault because I wasn’t in on the
Engineering Services Committee meeting. But from what I’m hearing here
today, it’s a little frightening. The funding source, the locations, we’ve got
several. We’re talking about -- I heard the other day in one of the meetings
we’re talking about something for the DA. So where are we going in this
direction? To me it should be a little more definitive as to which direction
we’re going, where we’re going with that. And I keep hearing one person
saying that we have the funding for this and the others saying we have a leg
of it. And I just don’t know. I have a lot of questions about this.
Mr. Mayor: Ms. Smith, did you want to be heard? I saw you
approach the podium just a moment ago.
Ms. Smith: Well, the thing that I’d like to attempt to clarify on this is
that the purpose for the agenda item is to provide us with approval from the
Commission to move forward with developing the concept, to look at the
pros and cons associated with a campus concept, or to look at the feasibility
of other sites and other alternatives. Currently the Public Works Department
does not have authorization to spend any money or to take any action to pull
together anything to propose to you. And that is the primary purpose of the
agenda item and what it is that we are trying to move forward with with this
particular item. There are funding sources identified in the agenda item for
both Public Works and for Utilities. I believe Mr. Hicks’ funds are in his --
some of it are in the initial bonds, others will come with later bonds. The
Public Works funds are identified in Phase III of the sales tax for
administration space, and then we’ve got the $1 million Georgia Department
of Transportation has indicated is available for the traffic control center.
What becomes critical on this is if we do not move forward with this project
and we are deciding to put the traffic control center in with a Public Works
administration, the Department of Transportation has basically indicated that
if we are not prepared to use the $1 million that they have set aside for the
TTC Center, that they will be looking into other avenues for utilizing these
funds, and so it is important for us to give them some indication and
information that demonstrates that we are interested in holding on the $1
million, as well as the regional transportation control center they’re
interested in funding. If we do the transportation control center separate
29
from this and move forward with that project, the matching costs associated
with it is approximately $775,000. If we do it in conjunction with this
facility, regardless of where the facility is located, we can use the match as
the real estate, wherever it may be, and then the design costs associated with
it as our match for the $1 million we’re going to get from the Georgia
Department of Transportation.
Mr. Mayor: All right. Commissioner Bridges?
Mr. Bridges:
Thank you, Mr. Mayor. Mr. Mayor, I think this is a
good measure. I think our staff and subcommittee has done a good job in
bringing this to us. This is a concept. We’re approving this in concept. A
secondary purpose of this is to tie, I guess you would say tie the Georgia
Department of Transportation dollars to assist us in this project, and I think
it would be a good, smart business move and government move on our part
to do that. We’re purchasing no property with this move, we’re hiring no
architect or firm to build any kind of building or design any kind of concept
with this motion. That will come later. That will come before the
So with that, Mr.
Commission for discussion and approval or disapproval.
Mayor, I’d the motion that we approve the motion as stated.
Mr. Cheek: Second.
Mr. Mayor: All right. We have a motion and a second.
Commissioner Williams?
Mr. Williams: Thank you, Mr. Mayor. As the chairman of this
committee, I understand what Mr. Beard was saying, but I want to reiterate
we’re not a town as we think of anymore. This is a city. This is the second
largest city in the state of Georgia. We are in the age of 2002 almost now
and we need to come out of the woods and come to the lights of the city.
There is a lot of things that’s going happen, not with your traffic control and
Public Works and Utilities, but we need to start to plan, and as the chairman
of this committee I reassured the committee that the Commission wouldn’t
have any problem accepting this concept in order for us to get off first base,
because we spend a lot of time talking and there’s a lot of other things we
been talking and talking and talking about, but we have not done anything.
And I certainly hope that the Commission would understand we’re not
trying to pull anything over on anybody, we’re not trying to get any money
from any other source that it shouldn’t be gotten from. This is time for us to
30
go ahead and move on something and progressive rather than sit back and
watch everybody else progress. So I understand those concerns from those
people who may have some concerns, but this is a legitimate, good effort for
this city to be the second-largest city that it’s supposed to be and act like it.
So let us accept this concept, please, sir.
Mr. Mayor: All right. Are we ready to vote? Or do you want to keep
talking? Mr. Shepard?
Mr. Shepard: Is the maker of the motion asking for us to approve --
you didn’t put it in the motion, Ulmer, that we’re approving it in concept. Is
it?
Mr. Bridges: I’ll accept that as part of the motion.
Mr. Shepard: I think that’s appropriate.
Mr. Mayor: Any objection? None heard. All right. Mr. Cheek?
Mr. Cheek: Mr. Mayor, this is the logical progression in the process
of site selection and building. We have sent to scope out, we’ve taken the
information from the staff, we’ve listened to what their input in and the
many reams of data that they have. We’ve put our two cents’ worth in.
Initially the scope should be broad. That way we can narrow down what we
can afford and can’t afford. The next step for us is to look at site location
and some other developmental tools before we make the final decision. But
this is quite a natural step in the progression of things and it’s been well
thought out. The problem that we have when we have a narrow scope and a
full purpose to begin with is we have change orders because that scope
changes when we get toward the end of the project. And so now we’ve
included as broad a scope as possible to get all the information and be able
to look where savings are and are not, and I just encourage folks to support
this.
Mr. Mayor: All right. Mr. Beard?
Mr. Beard: Well, I want to say, Mr. Mayor, is that as I said at the
beginning I have no problem with the concept, but I did hear in someone’s
conversation that there would be some funding for the design and you were
moving forward with that. I think I did hear that, and this was basically my
31
objection to that. And I don’t care what size city we are, we still have to
have funding, we have to have a funding source, and we have to know where
we are going. Those are my comments and I call for the question, Mr.
Mayor.
Mr. Mayor: Thank you. The question has been called on the motion
to approve the concept. All in favor of that motion, please vote aye.
Motion carries 10-0.
Mr. Mayor: All right. The next item is item number 51.
The Clerk:
51. Motion to approve an Ordinance requiring decals to be affixed to
certain motor vehicles owned or leased by Augusta, Georgia.
(Approved by Commission November 17, 2001 - second reading)
Mr. Mayor: All right, this is the second reading of that motion.
Commissioner Williams, you asked it be pulled.
Mr. Williams: Yes, sir, Mr. Mayor. I wanted some clarification on
that word “certain.” We did specify that the law enforcement and I think
inspectors in that realm would not be sealed but everything else would be
sealed except for these exceptions we voted for, for the Mayor’s car; is that
right? I just want to get a clarification on that.
Ms. Flournoy: [inaudible]
Mr. Williams: Okay, I just wanted a clarification for that word
“certain” though to be --
Ms. Flournoy: [inaudible]
Mr. Mayor: Mr. Williams, it says in the backup any vehicle used for
law enforcement or prosecution purposes and any vehicle assigned for the
transportation of the Mayor. Those are the only exceptions.
Mr. Beard: I so move.
32
Mr. Williams: Second.
Mr. Mayor: Motion to approve a second. Mr. Shepard?
Mr. Shepard: Mr. Mayor, does the Coroner’s vehicle, I’ll ask the
Attorney or the author of the ordinance -- does the Coroner’s vehicle or is
the Coroner’s vehicle considered one for law enforcement purposes? I know
he’d come in there and asked that that be exempted. He is an elected
official.
Mr. Wall: I would think that it would be included in there. I would
hope that it would be. I’m not sure if the statute is that --
Mr. Shepard: Specific.
Mr. Wall: Specific.
Mr. Mayor: [inaudible], do you know?
Ms. Flournoy: I was agreeing, that is my position it’s there for law
enforcement purposes.
Mr. Shepard: As was the Warden of RCCI, that’s clearly law
enforcement.
Ms. Flournoy: Yes, sir. Yes, sir.
Mr. Wall: The Warden definitely is, and I think the Coroner would
fall in that same category.
Mr. Shepard: Thank you.
Mr. Mayor: Any other discussion or any questions?
Mr. Mays: Mr. Mayor?
Mr. Mayor: Yes, Mr. Mays?
Mr. Mays: I would just going to lighten it up a little bit since I think
he’s the only one that arrest the Sheriff.
33
Mr. Shepard: I appreciate that, Mr. Mays. I think you’re absolutely
right.
Mr. Mayor: All in favor of the ordinance then, please vote aye.
Motion carries 10-0.
Mr. Mayor: That takes us over to our regular agenda. Do we have
any groups of people who are here on behalf of any of these zoning issues
today? We could take any of those up first. Yes, which item is that?
Ms. Speaker: [inaudible]
Mr. Mayor: Let’s go ahead and take that one up then.
The Clerk:
55. Z-01-35 – A request for concurrence with the decision of the
Augusta-Richmond County Planning Commission to approve
with three conditions, 1) the development will not exceed the 57
units shown on the original site plan, 2) all units will be located
outside of the 100 year flood plain, 3) all units will be constructed
for sale, not lease; a petition from TCA, LLC, on behalf of
Frederick F. Kennedy, Jr., requesting a change of zoning from
Zone P-1 (Professional) to Zone R-1E (One-family Residential)
affecting property located on a point located on the northeast
right-of-way line of Boy Scout Road, a distance of 302.0 feet, more
or less, southeast of a point where the centerline of Rae’s Creek
intersects with the northeast right-of-way line of Boy Scout Road.
(Approximately 14.6 acres) DISTRICT 7 (Postponed from the
July 3 and September 4, Commission meetings)
(Objectors noted)
Mr. Mayor: Gentlemen, what’s your pleasure with this?
Mr. J. Brigham: Mr. Mayor, can we hear from the petitioner?
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Mr. Mayor: Yes, sir, we certainly can. Give us your name and
address for the record.
Mr. Belangia: Woody Belangia, 4269 Colony Square.
Mr. Mayor: Okay.
Mr. Belangia: What I’m requesting here, and this is a slight change
from what you see there, is we’ve done some engineering work and we’ve
determined really only 30 units can go on the property, so this would be 30
[inaudible] 57 units. First I’ll describe the property and then I’ll go through
with how I think it’s consistent with zoning, then I’ll describe the
engineering issues involved and finally why I think it’s a good deal for
Augusta Richmond County. First of all, the property, what we’re proposing
are 30 fee simple town homes on four, a little over four of those 14 acres you
see there. They would be almost invisible from the road by the time the
landscape develops in a few years, and they’re nice two-bedroom, two-bath
homes. As far as the planning issues, the Planning Commission has
unanimously voted to approve this the first couple of times it came up and
they’re sticking by that. It’s consisting with the zoning in the area. It’s
directly across the street from a multi-family apartment complex. Its
immediate neighbor to the left as you’re facing out to the street is a nursing
home, and its closest neighbor to the right is a service station. I think my
prior objectors are Briarcliff Subdivision, and the development from -- 28 of
the 30 units are completed occluded by the nursing home buildings from
Briarcliff Subdivision. The remaining two units are separated by 700 feet of
vegetative barrier. It won’t be seen from Briarcliff Subdivision whatsoever.
Regarding the engineering questions, I was asked the last time to gather
more information concerning the engineering, to meet with the City
Engineer. This I have done. We have taken extensive topographic study of
the land. We’ve determined that we have less developable land than we
thought before, and that accounts for the thirty [inaudible] units. We’re
proposing nothing within the 100 year flood plan per regulation. Secondly,
we’ll have no finished floor that’s more than 32 inches -- less than 32 inches
above the floor plain, which is about the height of this rail, which will give
you some idea. We’ve talked to the Traffic Engineer. He’s agreed that Boy
Scout Road -- the traffic will be a minimal impact on Boy Scout Road.
Visibility from the project is excellent, and I’m confident it’s a development
property. We’re requesting a down zoning from professional to multi-family
residential. Four months ago, it was possible to build multi-family on
35
professional. It’s only recently that the rules have been changed where you
have to actually request the change of zoning. We submitted the plans
actually before that change went into effect. Now let me talk about why I
think it’s a good deal for Augusta. First of all, we have 30 increased
property tax homes. It’s a boon to a housing start. Any housing start is a
boon to a sluggish economy, and we’re certainly in that now. And lastly,
we’re prepared to donate by stipulation or otherwise up to 50% of the 14
acres to the city of Augusta as part of the green belt program and for flood
control area. To give you some sort of idea of the neighborhood makeup
and the sort of community, I’ve invited Mike Vandiver, who is one of our
agents who has sold more of these than I’ve built.
Mr. Vandiver: How are you doing? I’m Mike Vandiver, 301 Twin
Pines Drive, Augusta, Georgia. I’ve represented ATC in a site off of
Wheeler Road. We’re doing the same type of project there now that we’re
proposing at this site. They do a very nice entrance going into the
development, and entrance that you normally would expect to find in a price
range that’s twice or three times what we’re being here. They budget for a
lot of extra and a variety of landscaping on the site. We sell primarily -- our
clients are 40% retirement age couples that sell more expensive properties
and scale down and buy these town homes. We get maybe 35% to 40%
single adults that are predominantly ladies that buy, young mothers with
children and young professional ladies. And we get may 20% to 25% of
first time home buyers that are married couples. It’s a good product and it’s
a product that we need and continue to need in this area. Thank you.
Mr. Mayor: Is your project on Wheeler Road adjacent to the flood
plain?
Mr. Vandiver: We’ve got some flood plain near us in Wheeler Road.
Mr. Mayor: Is it adjacent to it? Like this would be? It’s not?
Mr. Vandiver: I don’t think it is.
Mr. Mayor: All right. Let’s hear from some of the neighbors that
want to speak. I know we’ve got your comments on the record, but if you
want to restate those and refresh our memories.
36
Mr. Cruse: Sam Cruse, 2710 Kipling Court. When we left the last
time, when the issue came before the Commission, Mr. Belangia was
outside, and Mr. Krouse, who is on the Planning Commission, and Mr.
Krouse made the comment to me, he said, what would you rather have,
professional or residential? Well, in our community, and I still don’t
understand why Mr. Krouse asked me that question, but in our community
the issue is professional people leave at 5 p.m. Now I know where that
community is off Wheeler Road. In fact, I talked to Sheriff Strength about it
because he lives in Hillcreek, and Hillcreek opposed that. And it went ahead
and went in. We realize that. But the issue is when after I talked to him, I
went and rode through those areas, those little town homes. You can barely
get down the street because there are at least and sometimes three vehicles
per residence. And if you want to go out there and count them yourselves
before you vote on it, you’re welcome to. But you can count them and
they’re there. This is a skinny, little area between Rae’s Creek and that
nursing home. Traffic does occur coming out of the apartment complex.
It’s already multi-family. If there’s a need for multi-family in the area, the
apartments are there. There are condominiums right there behind those
apartments. And as far as Briarcliff, 21 houses. Very settled. 21 years old.
Some of the residents have been there since it started. We contend, number
one, we don’t want anything there but we know that’s not practical. The
practical thing is if you’re going to develop it, develop it professionally.
Because like I said, I’ve seen what happened on Wheeler Road. I saw what
happened after Hillcreek opposed it. But I also see what those communities
look like. I took exceptions -- if there is one little old lady in a house, how
one little old lady can have two to three cars. So our position, and of course
some of the members of the community met with Mr. Belangia Wednesday
night in his office. I was teaching at church. But there was consideration
about donating some property to the city. One, has the city agreed to take
that property, if it’s in the flood plain? This is still in that area of Rae’s
Creek. It’s still a problem, we still contend it’s going to be a problem, it’s
still going to pour traffic in Boy Scout. And if there’s not a traffic problem
already, then I must be on the wrong time at 7:30 when I leave the house.
Someone else from our neighborhood -- there are a total of four of us out or
21 here, but someone may have something else to say about that meeting
with Mr. Belangia on Wednesday night.
Mr. Mayor: Is there anyone else from the neighborhood who would
like to be heard? Give us your name and address for the record, please.
37
Ms. Bowden: I’m Gloria Bowden, 2719 Kipling Drive. I was present
at that meeting, and Mr. Belangia presented the copy of the plan that he
proposes to build. And we had question there as to what price range are we
going here? And he said oh, $60,000. And we said now wait a minute.
You’re a neighborhood that’s far above $60,000. We don’t care who builds
them or moves in there, if they are retirees or single people. We’ve got to
think about our own development. And of course I realize he’s out to make
money and that’s the reason he’s in business. But we also have to think
about our own property. We don’t want it to be going downhill, either. And
I’m sorry, but I disapprove and disagree with his idea of building close to
Rae’s Creek, whether it be him or anyone else. There should be some real
deep thought by all of you about messing on Rae’s Creek. We can’t
continue as taxpayers to pay for things that are flooded on Rae’s Creek.
Thank you for your consideration.
Mr. Mayor: Thank you, ma’am. Anyone else wish to be heard?
Gentlemen, what’s your pleasure? Mr. Kuhlke?
Mr. Kuhlke: Mr. Mayor, I had an opportunity to meet with the
neighborhood with Mr. Belangia, and I also went and met with Ms. Smith
with Mr. Belangia. These people are my neighbors over there. We’ve got a
situation very similar, Andy, almost close to what we did out in your area in
where we denied a rezoning and the people went to court and the city ended
up having to pay I think $140,000 to buy a piece of property. We’re pretty
close to the same situation right now. Something is going to happen on that
piece of property at some point. I respect what the neighborhood is talking
about, but I can’t in good conscience not support development in the west
Augusta area that’s going to have a positive economic impact on this
community. And with that said, I am going to move that we approve the
rezoning of the property.
Mr. Mayor: Is there a second to that motion? The motion dies for
lack of second. Anyone else like to be heard? Mr. Mays, are you poised to
speak or are you stretching?
Mr. Mays: I was going to yield to Commissioner Brigham on my left,
if he wanted to go. I don’t know [inaudible] any motion, but one, I was
going to ask Engineering -- and Mr. Kuhlke said he met with Mr. Belangia
and Ms. Smith -- and one of the reasons that it got to Engineering was
because we had turned it down on those previous occasion, and we were
38
looking to Engineering to give us an answer. I think you have to have a
balance of where you’re trying to be sympathetic to the person who wants to
do economic development and come to you as the petitioner, but I think not
only do you have to listen to in this particular case, it’s not where it’s just
the neighborhood, but on one side of it, even if you’re talking about
litigation, what you may have in litigation versus what you may have in
terms of the potential to keep spending money on the add-ons in that
particular area. And maybe before we move, we should hear from
Engineering in terms of where we are on this, because of two factors. One,
we’re down from 57 to 30. Now had we relied on the first proposal that
came to us very early on, and maybe I was thinking a little bit better on July
3 because I didn’t turn 52 until July 11, but if we had moved on at that
particular time and I’m hearing now that we basically had half the property
that in this stage now could not have been developed -- had we not pushed
and delayed, then we would have been in a situation of which we would
have gone on and then we would have been the recipients in terms of
whatever catastrophes happened to add on to that, to add on to that part of
Rae’s Creek, which in turn sits in an area which drifts further eastward of
coming down this way that does affect even more than just the neighbors
who are in that particular area. So I don’t know whether Engineering has
anything to add to this at this point, but even the coming back, this is a
change from the point of where we are, and I think that’s a positive change
in one aspect, but then it’s a total change that’s a little bit disturbing to a
point that I’m still concerned about the two factors -- one that Zoning was
moving on even though they may have done this twice. But I ask even in
this [inaudible] where you’ve got this many changes and the property that’s
there, and Mr. Wall, [inaudible] when I asked the question about when do
we get into the business of [inaudible] Zoning deciding how properties are to
be handled. Whether they’re to be sold or whether they’re to be leased.
Because I didn’t know that this [inaudible] zoning issue, but there was
something in the zoning stipulation about a particular plan when you went to
a type property where you can do that. But I would think that this whole
mix changes all to a point, because we were still there at that time on getting
in from Engineering and dealing with 57 properties. Now I’m hearing a half
of it. And I would hope that the property we weigh and any ultimate
decision would not totally rest on -- and I know we need Greenspace
property bit I also think we have to weigh in the balance of receiving
property, Mr. Mayor. What we also take in, that that’s one good side of
receiving. But then, like any balance sheet, that’s an asset that we get some
property, we can [inaudible]. But what’s on the liability side do we inherit
39
as well in terms of taking care of what has been developed? So I don’t
really think we are clear to a point on where we can with this at this time.
Now I agree and think that the gentleman has the right and I think it’s good
to have backed up and done something different. But I think you’re at a
point where they may need to really meet again and work something in here,
because it has a current zoning that something can be done, but I think on
the other hand if it’s going to be professional, if it stays that way, then you
may want to take the [inaudible] what happens with the professional and
what goes with that particular traffic count, because that could be a wide
range of things that may happen from architects that takes on two or three
appointments or four per day, or an office that generates a lot of traffic in
dealing with professional. So I really think it probably needs to go, Mr.
Mayor, back to where they can have some public discussion, [inaudible]
plan that comes before us maybe than what’s here today, unless the
petitioner or somebody is willing to present something else, since the motion
has died without a second.
Mr. Mayor: Let’s hear from Commissioner Jerry Brigham and then
Commissioner Shepard.
Mr. J. Brigham: Mr. Mayor, I’ve got some concerns about the
location of this property. I think I made that very plain the other time. This
is the most restrictive zoning that we’ve done on any piece of property since
I’ve been here. Tell the guy that he’s going to build 32 feet, 32 inches above
the 100 year flood plain. Our zoning ordinance doesn’t even do that. He’s
agreed to that. The thing that I’m concerned about is if we don’t approve
this housing, we’re going to get professional. If we get professional, it will
encroach into the 100 year flood plain with parking lot. I don’t like that
choice. I don’t like the choice I’m presented with. The only thing I can say
is at least the plan I’m presented with presents everything outside of the 100
year flood plain including the retention. But I still have reservations about
this particular location due to the fact that it’s on Rae’s Creek and due to the
fact that it has been highly impacted by flooding in the past. To be honest
with you, I had not planned on making any comments one way or the other
today because I wanted to get the feel of the rest of the Commission. I
believe Mr. Kuhlke’s motion was an appropriate motion based on what
development could take place on this property in the long run. I think it’s
the most restrictive motion that we can make. If we allow it go forward, I
think that we pay the price in allowing Professional zoning to stand. I think
it’s worse on the overall taxpayers because I think the flooding implications
40
are deeper. I’m really at a loss of what to recommend to my colleagues that
sit up here. This is the most tough one that I’ve ever had to deal with in
rezoning.
Mr. Mayor: All right. Mr. Shepard?
Mr. Shepard: Well, Mr. Mayor, my question would be to Mr. Wall
have you looked at the donation that is proposed in this petition to see if we
could accept it for the Greenspace program? I mean have you seen a plat of
it? It’s not in the backup is my point.
Mr. Wall: I’ve not seen a plat of it.
Mr. Belangia: I can speak to that if you’d like.
Mr. Mayor: Let Mr. Wall finish.
Mr. Belangia: Okay.
Mr. Shepard: I mean, I think part of this that’s important to me is
whether we can get the property in the Greenspace program, whether it
meets the criteria and could we accept the donation? I mean I don’t think
that that’s fully flushed out at this point. Or is it?
Mr. Wall: Well, I mean I would prefer that it go through the normal
process, which would be go through George Patty’s office and Deke
Copenhaver, who would review it. I have not seen the plan, not sure what
property.
Mr. Shepard: I was thinking kind of out loud if we continue it here in
the body until the next meeting, would that process not have a chance to take
place? You’re saying yes and the petitioner is saying no. Help me out here.
Mr. Belangia: I’m saying no from the standpoint that we don’t own
the land. This zoning is a contingency of us buying the property. Now I’ve
talked to Mr. Copenhaver and I’ve talked to Mr. Patty just preliminary that
we’d be interested in doing this. Whether we can proceed, whether we can
do it or whether the city can do it, I guess that’s something the city has to
decide. You have the option, I’m giving you the option by stipulation or
otherwise to buy that -- to not buy it but take over that property as
41
Greenspace. If you can’t, then it’s not a plus. But otherwise it is. At this
point, if we push it to another meeting, I still won’t own the property. I still
can’t proceed without the zoning. Me buying the property is contingent on
the zoning, and donation of the Greenspace would be contingent on me
buying the property. That’s where we sort of stand right now.
Mr. Shepard: May I follow up, Mr. Mayor?
Mr. Mayor: Go ahead, Mr. Shepard.
Mr. Shepard: Jim, could we have, if we did rezone it, could we not
have a stipulation that binds this contractual purchaser to donate? What if
the donation provision is unenforceable, is what I’m worrying out loud
about.
Mr. Wall: Well, you could condition the rezoning upon the condition
that he offer it for the Greenspace, and acceptance of the offer would be up
to the city, and therefore if it did not meet the criteria for some reason or
there were other reasons that the city chose not to accept it, I mean you
could refuse it. But you couldn’t condition it.
Mr. Mayor: Mr. Cheek?
Mr. Cheek: Mr. Mayor, at the risk of sounding like a broken record,
this is another case of where old zoning has come back to haunt us, and I
hope that at some point this Commission will get the will to go back and
review all of these old zonings, some of them 20 and 30 years old, that
we’ve allowed to stand while communities develop around them that are
now used for equity transfer from good homes and the homeowners to these
property owners that have sat on this property for so many years, used to
enhance to value of the property they build. I have to concur with the
neighbors, too, on the town homes. We were under threat of having some of
them built 30 feet from our neighbors’ bedroom windows and we fought that
as a neighborhood and were able to win that battle. The fact that was
mentioned earlier about the parking problems, I don’t see any long term life
for these town homes in that they’re not going to increase in value as normal
properties do. They’re going to become run down. Their parking lots, as we
speak, every one that I’ve been in -- I quite frankly would prefer to see
Professional in that area myself, simply because it’s something that as was
said earlier, you turn off the lights at the end of the day and you go home.
42
With town homes you’ve got high density development, a lot of run-off
that’s going to occur, and I don’t care if we do hole it at the pre-
development, there’s still additional runoff from a very large parking lot area
and roof area that’s going to contribute to Rae’s Creek. But again, I’ll go
back to my initial statement. When we start deciding to zone things as
they’re used instead of allowing archaic zoning to exist in this city for 10, 20
and 30 years and go back and make it at least fit the development that
surrounds it in that community, and do community impact reviews on this
zoning, we’re going to have this problem time after time after time.
Mr. Mayor: Thank you, Mr. Cheek. We’ve had some discussion
here. Do we have another motion that somebody would like to offer?
Mr. Kuhlke: I’d like to make one.
Mr. Mayor: Yes, Mr. Kuhlke?
Mr. Kuhlke: I’d like to make a motion that we approve the rezoning
of this property with the condition that no more than 30 units can be built
and retention be held on the property and there be no encroachment on the
hundred year flood plain.
Mr. Mayor: And the Greenspace?
Mr. Kuhlke: And offering seven acres to the City for the Greenspace
program assuming that the City can accept those seven acres.
Mr. Mayor: Is there a second to that motion?
Mr. H. Brigham: I second it to get it the motion out for discussion.
Mr. Mayor: Would you like to discuss it, Mr. Henry?
Mr. H. Brigham: No, sir. Let those folks up on the Hill discuss it.
Mr. Mayor: All right, any of you folks on the Hill want to discuss it,
Mr. Henry says? Any further discussion? We have a motion on the floor
and we’ll call the question on the motion. Mr. Mays, did you want to say
something?
43
Mr. Mays: I just wanted to ask [inaudible], it might be interesting, I
don’t know if Mr. Kuhlke had met with Public Works and the petitioner in
response to [inaudible] in the beginning of going back in what would satisfy
Engineering because of the change of zoning, and if a person from
Engineering [inaudible]. Obviously there had to be some change from
Engineering because we’re now going to half of the development of the
property. So I’d like to hear maybe for the record now in terms of that
change that got us to this point in terms of the engineering question, and
then my -- I’ll just [inaudible] on that.
Mr. Mayor: Ms. Smith, can you respond to Commissioner Mays’
question?
Ms. Smith: As was previously stated, there was a meeting held to
discuss the concept of what was to be developed on the property. We did
have discussions at length about the correction of the information that was
presented as to the location of the 100 year flood zone and addressed the
issue of detention on the property that would be outside of the 100 year
flood zone. At the conclusion of the meeting, the information that was
presented complied with all of the requirements for development in that
area. This is a zoning issue. At the point that the plans are actually ready
and the engineering work has been finalized, they would be submitted
through Planning & Zoning to Engineering with the hydrology calculations
and all of the other detailed information prior to the site development plan
being approved.
Mr. Mayor: Yes, Mr. Mays, you may continue.
Mr. Mays: Okay. I’ve heard what you’ve said on that, Ms. Smith, in
terms of where our requirements are and where [inaudible], too. I realize it’s
started and may still be a zoning request. But originally when we started,
everything was on track that had we voted that day, it could have gone on.
The Commission somewhat, no disrespect to Zoning, but the Commission
put Public Works and this project together to bring us an answer back.
Obviously something had to have occurred in Public Works to get us down
to a point that said that half the property could not be developed. Now I
don’t necessarily just think that we went in and all of a sudden there was an
acquiescence to say that we’re going to go from 57 down to 30, and half of
this can’t be. My problem with this is, and I respect where Public Works has
gotten us to get us to this point, and that was my reason for insisting that you
44
all get involved in it, because had we taken it on the face value and had the
insistence of where I was going with Zoning, just simply went with Zoning,
we would have gone with the original project. What that brings me back to
the question, Mr. Mayor, if we had not put the department in with that, then
what the 57 units that can only be used to deal with 30, would they have
gone on anyway and then would we have put the county at liability, in peril,
to continuously deal with Rae’s Creek and the unknown costs that are
associated with that? That’s the point that I’m trying to make to a point
where I don’t think you can finalize a decision today on any plan because
something has come back different, yes it is different, yes the density is less,
but I’m hoping the driving force of my colleagues is not with the donation of
property, that it be within terms of what will be the basic development that
can be for the overall good of this area, and in terms of our overall flooding
situation period. I hope that’s our driving force and not where we are going
to get donated some property. That’s where I think the common
denominator should be.
Mr. Mayor: Mr. Kuhlke?
Mr. Mays: I appreciate it but to a point our first priority should be
within the development, secondly with what we deal with donation.
Mr. Mayor: Mr. Kuhlke, let’s hear from you.
Mr. Kuhlke: Mr. Mayor, I think that this -- and Mr. Mays was
absolutely right in asking Engineering to take a look at this. But on the other
hand, when you approve a rezoning and then you have to go through the
process of doing the design and so forth, at that point is when Engineering
comes in or Public Works comes in and looks at the design, and they’re
going to make sure that they do not violate any of the rules and regulations
that you have to go by. But I think this Commission, not just on this
particular instance, but in other instances, we are asking developers in this
community and outside of this community to come in and spend thousands
of dollars prior to us rezoning a piece of property or giving it a special
exception, and that’s unfair. Because they’ve got to go through that process
anyway, so from the standpoint of delaying any action on this -- one way or
the other, the neighbors need to know what’s going to happen, we need to
get it out of the way. If this is approved today, Mr. Belangia has got to go
through all the processes that every developer goes through. So I’d like to
make that point. I see no need in delaying any action on this.
45
Mr. Mayor: Mr. Mays?
Mr. Mays: Mr. Mayor, with all due respect to Mr. Kuhlke and to my
friends in the development community, I remind you that every piece of
property to be developed does not sit in such a controversial place, as does
Rae’s Creek. And to a point that you’re going into a potential harm’s way
situation, it’s been so stated by the petitioner that they will buy this property,
I remind each of you that most of the people that are concerned about it
already own their property and have made their investments. Secondly, the
county, while we talk about the thousands that may be in the potential
development cost of it, there are millions that we continue to spend with a
never-ending cycle in terms of us knowing what happens at Rae’s Creek.
And that’s the only point I want to make for the record on that, Mr. Mayor.
Mr. Mayor: All right. Let’s move ahead then. We have a motion on
the floor. Mr. Cheek, do you want to be heard again?
Mr. Cheek: Yes, sir, Mr. Mayor.
Mr. Mayor: All right.
Mr. Cheek: I’m going to make a substitute motion that we deny
this.
I just cannot see, I don’t have a very good feeling about the project in
general. Here again, we mentioned fairness to developers and to neighbors.
The fairest thing would be to go back and revert all zoning that sits for 18
months, which is what the Code says, back to its original state and make the
developers come in and explain what they plan to do before they do the
property. That way, it will be appropriate for the community and we won’t
be having the legal threat hanging over our head well it’s zone that way and
you’re not allowing him to use it that way. That’s the fairest thing to do.
Now whether we have the political will to do it or not and make property be
But I make a substitute motion that we
zoned as it’s used, we’ll see.
deny.
Mr. Williams: I second that, Mr. Mayor.
Mr. Mayor: We have a second to the substitute motion. Any further
discussion on the substitute motion to deny? All in favor of that motion,
then please vote aye.
46
Mr. Shepard, Mr. H. Brigham, Mr. J. Brigham and Mr. Kuhlke vote
No.
Motion carries 6-4.
Mr. Mayor: Are there any other groups here for any of the other
zoning issues we have? Yes, sir, which item is that?
Mr. Speaker: 56.
Mr. Mayor: Item number 56? Let’s take that one up, Madame Clerk.
The Clerk:
HISTORIC PRESERVATION:
56. Consider the appeal’s request from the Mt. Zion Baptist Church
regarding the denial of their request for a Certificate of
Appropriateness affecting property located at 1447 Roulette Lane.
Mr. Mayor: Yes, sir, if you’d give us your name and address for the
record.
Mr. Speaker: Charles L. [inaudible], 1704 [inaudible] Road, Augusta,
Georgia. I’m representing Mt. Zion Missionary Baptist Church. The
property in question, I hoping you all have a copy of my appeal letter, but
the reason why we’re here is this property sits in the middle of our existing
parking lot, which is bounded on one side by a storage building which is
adjoined to our education building and on the other side by an existing
parking lot. And this house belongs to one of our members who has lived
there for a long time, and when he was living he always said the church
would get the property, so we purchased the property and our intentions
were the property -- I have some pictures here if you all are interested in
looking at this. The property is not livable, and I don’t think any of us
would live in a building like that. And our intention is to demolish the house
and in that area of that which is demolished, which will park an additional
12 cars, which will eliminate the already congested area on Lyndon Street
and Wrightsboro Road with all the churches in that area. There really isn’t
any parking on Roulette Lane because the street is too narrow. That is our
intentions, to demolish the house, and create parking space for our existing
parking area we already have. If you look at those pictures there, you can
47
see that there is a parking lot right there already in the middle. It’s in the
middle of the parking area already.
Mr. Mayor: Nobody lives in the house now?
Mr. Speaker: No one lives in the house now. It is empty. And it
should be condemned.
Mr. Mayor: Mr. Henry Brigham?
Mr. H. Brigham:
Mr. Mayor and Commissioners, I would hope that
we would look at this. Rev. Walker and his group is trying to improve that
I will
area. I think we ought to do it if we possibly can to get them to do it.
move that we approve it.
Mr. Colclough: Second.
Mr. Mayor: We have a motion and a second to approve.
Mr. Pittman: Mr. Mayor?
Mr. Mayor: Yes, sir, Mr. Pittman. I’m going to get to you as soon as
I make a note here. Mr. Pittman, you have communicated to the
Commissioners in writing, if you’d like to come up and speak to your
objections to approving this.
Mr. Pittman: I think we all agree that there are a number of properties
in the Bethlehem Historic District that warrant demolition, and certainly the
Historic Preservation Commission has approved a number of those
demolitions. This particular piece, however, does have the possibility of
being saved, and I would simply caution to the Commission that if we
demolish every house in Bethlehem, we’ll have no Historic District.
Personally, I went by and looked at his property. Appearance-wise, it’s not
in the best of shape exterior coating, but like so many of those houses the
interior is sound as far as we can tell. At the meeting in October, the
applicant did not fulfill a number of the requirements necessary to request
demolition from the Historic Preservation Commission. They did not, for
example, submit a post-demolition plan other than to say that they wished to
convert this property into a dirt parking lot to adjoin to existing parking lots.
They also did not, more importantly, submit a demolition study sheet which
48
is a very simply feasibility study that we’re using now as part of our bylaws
so that applicants can have an opportunity to approach a remodeler or a
builder or an architect and submit to the Historic Preservation Commission
their reasoning in simple fashion, simple economic fashions as to why they
think a particular piece of property should be saved. And as important, the
Historic Preservation Commission has used this material from our
perspective with which to recognize the need to approve the demolition of
such property. So I would respectfully request that since this request was
denied unanimously by the Historic Preservation Commission, that you
concur in our recommendation. Thank you.
Mr. Mayor: Mr. Pittman, let me ask you one question. What is
historic about this structure at 1447 Roulette Lane? Not the neighborhood,
but this particular structure; what’s historic about it?
Mr. Pittman: It is listed on the Historic Study for Bethlehem as being
an historic [inaudible] structure, according to the study that was done several
years ago for the Bethlehem area. Now unlike --
Mr. Mayor: What is historic about it? Did somebody famous live
there? The architecture? What makes it an historic structure?
Mr. Pittman: The original guidelines and historic requests for the
preservation of the Bethlehem Historic Area at the time they were done
listed a number of properties that the consultants felt needed to be saved to
maintain the character and integrity of one of our National Historic Areas.
In the case of Bethlehem, the area has been allowed to deteriorate. No one
questions, Mr. Mayor, the need to drop some of those houses. We’re simply
saying that we need to save some of them as well.
Mr. Mayor: All right. And the houses on either side of this are no
longer there; is that correct?
Mr. Pittman: Well, what the church -- what the church --
Mr. Mayor: We’re talking about -- you talked about the character of
the neighborhood. The houses on either side of this house have already been
demolished; correct?
Mr. Pittman: Well, at some point in time, probably so.
49
Mr. Mayor: So whatever character was there really isn’t there
because you have an isolated structure surrounded by a parking lot.
Mr. Pittman: The structure is not isolated to the extent that Roulette
Lane behind it -- actually it faces Roulette Lane, not Wrightsboro Road.
That area is currently being redeveloped as part of the 30901 development
area, so what you’re basically going to end up doing is taking down another
house and creating a dirt parking lot adjacent to an area that’s going to be
historically rehabilitated. I know we all disagree on what’s historic and
what’s not historic. I understand that.
Mr. Mayor: Mr. Jerry Brigham?
Mr. J. Brigham: Mr. Wall, did you look at the demolition plan? Was
there a demolition plan according to the ordinance that was [inaudible]?
Mr. Wall: I didn’t attend the Historic Preservation meeting.
Mr. Pittman: There was no demolition plan submitted.
Mr. J. Brigham: There was no demolition plan?
Mr. Pittman: Nor was there a demolition study sheet.
Mr. Mayor: But you all acted on it anyway.
Mr. J. Brigham: That’s required by ordinance, though, isn’t it? Isn’t
a demolition plan required by ordinance?
Mr. Mayor: But the Commission went ahead and took action on it,
because you mentioned denying it, even with the absence of that material.
Mr. Wall: [inaudible]
Mr. Pittman: No, sir, we denied it because of that reason.
Mr. Mayor: Mr. Marion Williams?
50
Mr. Williams: Thank you, Mr. Mayor. I appreciate all the other input
from the other Commissioners, but since this is my District that I try to
diligently to do all I can to bring it to another level, first of all I want to do
some clarification with the Historic Preservation about the Historic District
of Bethlehem. I been hearing that for some two years now. And if you
check the records, you’re going to find that there is not even a significant
historic preservation for that area. There was an ordinance written at one
time, I think when Mayor DeVaney was here, but that is as far as it ever
went, as being an ordinance. And besides that, the people in that area do not
want to hold on to that kind of history. I understand that the preservation
says that it has some historic value. But the church owns both pieces of
property on both sides of this building. I stopped by yesterday afternoon and
got out of my car and walked around this house. You can touch the house
and the fence from the time you start on the right side to the back to the next
side all the way to the front. There is no land, there is no significant value,
no one would live in this home even if you put $100,000 in it. And I don’t
understand why the Historic Preservation would even want to save this if the
community, if the owners don’t want it saved. The development that’s
going across the street from the 30906, I believe, is building all around. The
church has come and asked to have it torn down because they going to pay
the expense, they going to bear the burden. They’re not asking the city or
even private sector to do it. They want to do it themselves. And I can’t see
why we want to leave that kind of stuff in an area where people want to
grow, where people want to do something different. Had it been alive and
well, had people been still living there and things going on, but that’s a dead
area. And what’s dead ought to be buried. And it’s time now to put some
life back there. And we need to do what is necessary, and I’m asking this
Commission to go ahead and grant this request, that they can go ahead and
continue their parking lot. They’ve got to park around a house that’s fallen
in. And you know when a house sits there, no one living in it, it’s going
down faster than it would any other way. There’s rodents and everything
else around this church, there’s all kind of debris, for [inaudible] to go in, for
crime and everything else to take place. This is not historic preservation to
me. I live in that area, I want to see a difference in that area, I appreciate the
Historic Preservation on what they do, but I think they stepping across the
line there. I think you’re really stepping out of your league as far as telling
the community who wants to grow, who wants to change. We can’t keep the
same here. We got to have some new history now. That stuff is old. That
stuff is gone. That whole area needs reviving. And Mr. Pittman, I hope you
don’t think it’s personal, but I am sick and tired of looking at that kind of
51
stuff. You don’t find it anywhere else but District 2. And we need to
change that. We need to do something better. We ought to be glad that the
people in the area want to see some difference. And I’m supporting it and
asking these Commissioners please, sir, let’s do what is right and give this
church the opportunity to grow and expand their parking area so we can save
more souls.
Mr. Mayor: All right. We have a motion to approve the demolition of
this structure. Is there any further discussion? All in favor of the motion,
then please vote aye.
Mr. J. Brigham votes No.
Motion carries 9-1.
Mr. Mayor: All right. Let us go back to agenda item 3, Madame
Clerk.
Mr. Colclough: Mr. Mayor, you have another zoning matter.
Mr. Mayor: We do? Which item is that?
Mr. Speaker: 54.
Mr. Mayor: 54? All right, Madame Clerk, we’ll take item 54.
The Clerk:
54. Z-01-71 - A request to concur with the Augusta-Richmond
County Planning Commission to deny a petition by Meybohm
Commercial Properties, on behalf of Fountain Gate Worship
Church, requesting a change of zone from Zone R-1A (One-family
Residence) to Zone LI (Light Industry) affecting property located
at 1911 Lumpkin Road (Tax Map 110-2 Parcel 26) and contains
1.46 acres.
Mr. Mayor: Is Mr. Patty here? George, could you explain why you
recommended denial of this and then we’ll hear from Mr. Caddell.
Mr. Patty: Yes. This is tract that is located on a ditch or a creek, I
guess you’d call it a ditch, that’s adjacent to the park just east of Bernie
52
Ward Library. It’s been undeveloped for some time. The church that was
going to build in there never did. It backs up to several houses in a
subdivision. The request is for Light Industrial zoning for a paint and body
shop. And comprehensive plan strongly suggests that we not spot zone for
industry and we feel that this is not the right place for it. There are some
commercial uses in the area, but there are no industrial uses, and we just
think it would be a big mistake [inaudible].
Mr. Mayor: Thank you. Are there some people here objecting to
this? Okay, we have some people here in favor of this? Would you raise
your hands so the Clerk or Mr. Wall can get a count. The Clerk’s not there.
We have three hands up.
(3 supporters noted)
Mr. Mayor: All right, Mr. Caddell, you’re representing the Petitioner?
Mr. Caddell: Yes, sir.
Mr. Mayor: Give us your name and address for the record.
Mr. Caddell: My name is Dennis Caddell with Meybohm. 3021
Lonsdale Drive, Augusta 30906. I have a pencil sketch here of the project
that’s planned to be put on the project. We are asking for Light Industry
zoning. Possibly what the gentleman’s going to do could be done in the B-2
zoning. It’s a paint and body shop but it does not have a wrecker, is not
pulling in wrecked cars. He does bumper benders and fender benders and
does some work for E-Z-GO on the carts. Everything is done inside the
building. There would be no outside storage. He would be receptive to
privacy fencing to separate the neighborhood, some landscaping. This
property has been undeveloped for I know since ’62 I’ve been in this town
and it’s not been developed. The church purchased it and filled some area to
build and discovered it was not enough land to do what they wanted to do on
it. So they have moved on Peach Orchard Road, the old Winn-Dixie
Shopping Center that closed, and they renovated that building tremendously,
and they need to sell this piece of property and [inaudible] Paint Shop here,
Johnny with the shop is here, and he can answer any questions about what he
plans to do there. Mr. Frazier, Rev. Frazier with Fountain Gate Church is
here, and he’d be glad to answer any questions. But I requested Light
Industry across the street from this, where Augusta Scales was originally
53
developed. Next door to this property is [inaudible] Sign Company, outdoor
sign company that does work. So this piece of property, with what this
gentleman wants to do would be an added to the community, it would not be
deterring anything from the community. If I might, I would like to --
Mr. Mayor: Mr. Patty, was is the property, what does it back up to?
Mr. Patty: There is a subdivision. There’s a whole system of streets
back in there. A subdivision.
Mr. Mayor: Is there a buffer there between the rear property line and
the --
Mr. Patty: No, sir. These lots meet and back up directly to the
property.
Mr. Mayor: To the residential?
Mr. Patty: Yes, sir.
Mr. Mayor: Okay. Gentlemen? Mr. Cheek?
Mr. Cheek: Mr. Mayor, a question for Mr. Patty, I guess. Or Mr.
Caddell. Is this the property adjacent to the Fleming Rec Center?
Mr. Caddell: Divides Fleming [inaudible]
Mr. Cheek: Tributary to Rocky Creek?
Mr. Caddell: Yes, going in there. That divides that.
Mr. Cheek: I guess my question is now that area was pretty low and
swampy years ago. How did they go in and fill that in under the
development requirement? I guess that’s for one of our engineers, but
they’ve put in probably five feet of dirt in some areas.
Mr. Speaker: [inaudible] got permission to do that from the county.
54
Mr. Mayor: Rev. Frazier, would you come to podium and you can
answer the Commissioner’s question, please. Give us your name and
address for the record, please, sir.
Mr. Frazier: Dr. Jerry Frazier, 2206 Glendale Road, Augusta, Georgia.
When we initially bought the property, we came for zoning. We had
anticipated building an 8500 square foot facility on it. This Honorable
Commission gave us to zoning and we had the site plans done. They told us
exactly what we had to do to fill in the property, and in obedience we
followed the state and federal regulations and we’ve maintained all of the
codes concerning 100 years flood plains, etc. They told us we had to bring it
up with a certain amount of clean fill dirt, etc., so we’ve done all that and
made the property where it’s developable. And actually we were sitting on
the plans to build, but just because of growth after five years it was much
more suitable for us to buy what we bought, which was 30,000 square feet,
instead of building the 8500 and we just let the property sit there. We’ve
maintained it, kept it clean, kept up silt barriers according to all of the
statutes and everything that you’ve requested of us.
Mr. Mayor: Does that answer your question?
Mr. Cheek: It does. I just -- we’re building and developing and this is
something that occurred in the past, and I know we have past ordinances to
say you don’t fill and built on top of it in the same manner, build in flood
plain areas and all.
Mr. Mayor: Gentlemen, have any other questions or comments? We
have a motion. Mr. Williams?
Mr. Williams: Yes, Mr. Mayor, I have got a couple of comments.
Mr. Mayor: Go ahead.
Mr. Williams: First of all, I’d like to ask George, have we got Light
Industrial across the street? Is that what this map is showing, that we
already have Light Industrial across the street?
Mr. Patty: There was some Light Industrial zoning done sort of across
the street from this back years ago, and I think -- I disagree with Mr. Cheek
on his discussion of the 18-month rule, I do agree with him that this zoning
55
is incorrect, that the land use over there is Commercial and that’s one that I
think I’ll be coming back to you to revert in the next few months. But to
answer your question, yes, there is Light Industrial over across from it.
Mr. Williams: Any petitioners against this, Mr. Mayor?
Mr. Mayor: There are no objectors.
Mr. Williams: No objectors; okay.
Mr. Colclough: Mr. Mayor?
Mr. Mayor: Yes, Mr. Colclough:
Mr. Colclough: I’m going to make a motion that we approve the
zoning.
Mr. Mayor: Motion to approve the zoning from Mr. Colclough. Is
there a second to that?
Mr. Mays: I’ll second it.
Mr. Mayor: All right. A second. Any further discussion on the
motion? All in favor of the motion, then please vote aye.
Mr. Shepard votes No.
Mr. Bridges abstains.
Mr. H. Brigham out.
Motion carries 7-1-1.
Mr. Mayor: Mr. Bridges, would you like to record a vote?
Mr. Bridges: Based on the advice of the Attorney, I’ll abstain on this
one, Mr. Mayor.
Mr. Mayor: Thank you. So the rezoning is approved. The Chair is
going to declare a five minute recess. Take our two-hour stretching break
and we’ll be right back.
[RECESS]
56
(After recess, tape is not on until noted further on into the minutes)
PLANNING:
53. Z-01-70 - A request to concur with the Augusta-Richmond
County Planning Commission to deny a petition by Goshen
Realty, on behalf of Sharon and John Harley, requesting a change
of zone from Zone A (Agricultural) to Zone B-2 (General
Business) affecting property located at 4757 Mike Padgett
Highway (Tax Map 302 Parcel 08) and contains .41 acres.
Mr. Bridges: I move that it be approved with the stipulations that
all repair work be done in the building or behind the fence and that
shrubbery be added.
Mr. Williams: Second.
Motion carries 10-0.
ENGEEERING SERVICES:
57. Motion to authorize the Augusta Utilities Department to notify
consulting engineers of the selection results and proceed with
negotiations to contract for engineering services on the Highland
Avenue Plant Upgrade Project. (Approved by Engineering
Services Committee October 29, 2001 – No action vote
Commission meeting November 7, 2001)
Mr. Colclough: I move for approval.
Mr. Bridges: Second.
Motion carries 10-0.
58. Motion to approve to add on-call personnel for the groundwater
system to the rotational drive home list. (No recommendation
from Engineering Services Committee November 13, 2001)
Mr. Williams: I move that we deny it.
Mr. Cheek: Second.
57
Mr. Bridges: I make a substitute motion to approve it.
Mr. Kuhlke: Second.
(Vote on substitute motion)
Mr. Beard, Mr. Cheek, Mr. Williams, Mr. Mays and Mr. Colclough
vote No.
Motion ties 5-5.
The Mayor votes Yes.
Motion carries 6-5.
PETITIONS & COMMUNICATIONS:
59. Motion to approve the recommendation from the Deputy
Administrator regarding the renewal of the contract with
Lobbyist Jean McRae at a cost of $12,500 plus out of pocket
expenses. (Requested by Commissioner U. Bridges)
Mr. Cheek: I move for approval.
Mr. Bridges: Second.
Mr. Mays abstains.
Motion carries 9-1.
60. Discuss the status of the positions of Finance Director and
General Counsel. (Requested by Commissioner M. Williams)
(No action taken on this item)
ATTORNEY:
61. Motion to approve Resolution for a Partial Redemption of the
Richmond County Public Facilities, Inc. Certificates of
Participation issued in connection with improvements to the
Augusta Golf Course.
Mr. Kuhlke: I move for approval.
Mr. Shepard: Second.
58
Mr. Bridges votes No.
Mr. Williams abstains.
Motion carries 8-1-1.
62. Motion to approve the acceptance of approximately 36 acres in
Walton Acres, Phase III, to be donated by Southern Specialty
Development Corporation and made subject to Restrictive
Covenants for the Greenspace Program.
Mr. Wall: We also need to waive the taxes for the year 2001.
Mr. Cheek: I so move.
Mr. Shepard: Second.
Motion carries 10-0.
63. Motion to approve the placement of the following properties into
the Greenspace Program and authorize the recording of
Restrictive Covenants on same:
Island A (5.56 acres)
Island B (16.19 acres)
Island C (5.90 acres)
Island D (1.54 acres)
Island E (1.26 acres)
Island F (2.31 acres)
Island G (1.40 acres)
Island H (2.13 acres)
Island I (0.85 acres)
Island J (6.61 acres)
Mr. Cheek: I so move.
Mr. Shepard: Second.
64. Consider continued employment of Keven Mack.
Mr. Shepard: I move that we postpone action on this until after
the legal meeting.
59
Mr. Beard: Second.
Motion carries 10-0.
ADMINISTRATOR:
65. Consider the recommendation of the Administrator regarding the
appointment of Fire Chief.
Mr. Kolb: My recommendation for the position for Fire Chief is Mr.
Al Gillespie of Yakima, Washington.
Mr. Kuhlke: I so move for approval.
Mr. Bridges: Second.
ROLL CALL VOTE
Mr. Beard: No
Mr. Bridges: Yes
Mr. H. Brigham: No
Mr. J. Brigham: Yes
Mr. Cheek: Yes
Mr. Colclough: No
Mr. Kuhlke: Yes
Mr. Mays: Abstain
Mr. Shepard: Yes
Mr. Williams: No.
Motion fails 5-4-1.
66. Consider authorizing the Administrator to offer up to the
midpoint of the salary range for the position of Deputy
Administrator.
Mr. Shepard: I move for approval.
Mr. Bridges: Second.
Mr. Williams: I move we deny it.
Mr. Beard: Second.
60
(Vote on substitute motion)
Mr. Bridges, Mr. H. Brigham, Mr. J. Brigham, Mr. Kuhlke, Mr. Cheek and
Mr. Shepard vote No.
Mr. Mays and Mr. Colclough abstain.
Motion fails 2-6-2
(Vote on original motion)
Mr. Beard and Mr. Williams vote No.
Mr. H. Brigham, Mr. Mays and Mr. Colclough abstain.
Motion fails 5-2-3.
67. OTHER BUSINESS
Addendum Item 1. Select a voting delegate for the NLC Conference.
Mr. Mays: I nominate Mr. Henry Brigham.
Mr. Shepard: I move nominations be closed.
Mr. Brigham is approved by acclamation.
68. LEGAL MEETING
??
Consider Personnel matter.
??
Consider Real Estate matters.
??
Discuss real estate matter (Requested by Commissioner
Shepard)
Mr. Kuhlke: I so move.
Mr. H. Brigham: Second.
Motion carries 10-0.
[LEGAL MEETING 5:20 - 6:40 P.M.]
69. Motion to approve authorization for the Mayor to execute
affidavit of compliance with Georgia's Open Meetings Act.
Mr. Cheek: I so move.
61
Mr. H. Brigham: Second.
Mr. Shepard out.
Motion carries 9-0.
64. Consider continued employment of Keven Mack.
Mr. Cheek: I so move that he be terminated.
Mr. Williams: Second.
[See attached copy of letter from Mr. John Michael Brown, Attorney for
Keven Mack, at end of the minutes]
(Tape back on from recess)
Mr. Wall: …and today I received this package from Mr. Brown,
which I will tender to the Clerk and ask that you make it part of their
appearance in this matter.
Mr. Kolb: My recommendation would conclude that the termination
be effective immediately.
The Clerk: Mr. Mayor, could I have Mr. Kolb restate his reasons for
termination? We had some audio.
Mr. Mayor: Yes, ma’am. Mr. Kolb?
Mr. Kolb: It is my recommendation that Mr. Keven Mack be
terminated as Director of the Housing and Neighborhood Development
Department. The reason for the termination is that I have lost confidence in
his ability to lead the Housing and Neighborhood Department effectively. I
would also recommend that his termination be effective immediately.
Mr. Mayor: We have a motion on the floor that’s been seconded to
concur with the recommendation of the Administrator. Any discussion? All
in favor of that motion, please vote aye.
Mr. Bridges votes No.
62
Mr. H. Brigham abstains.
Mr. Shepard out.
Motion carries 7-1-1.
Mr. Mayor: Let’s see --
Mr. Cheek: Mr. Mayor?
Mr. Mayor: Just a minute, Mr. Cheek, we want to take care of this
one real estate thing, then we’ll take up your item.
Mr. Cheek: Okay. Thank you.
Mr. Mayor: Mr. Wall, we had one item you’d like to add.
Mr. Wall: I’d like to add the acquisition of 3.5 acres of land in
Butler Creek Corridor for the Greenspace Program for an acquisition
price of $11,500.00
Mr. Mayor: Do we have a motion to add and approve?
Mr. Cheek: So move, Mr. Mayor.
Mr. Williams: Second.
Mr. Mayor: And a second. Any discussion? All in favor, then, of
adding and approving this item please vote aye.
Mr. Shepard out.
Motion carries 9-0.
Mr. Mayor: The Chair recognizes Mr. Cheek.
Mr. Cheek: Thank you, Mr. Mayor, I’d like to make a motion to
reconsider Item 58.
Mr. Mayor: Is there a second to that motion?
Mr. Williams: Second.
63
Mr. Mayor: Motion and second to reconsider item number 58. Any
discussion? All in favor of ---
Mr. Kuhlke: Whoa, whoa, what is it?
The Clerk: Item 58 is to add on-call personnel for the groundwater
system to the rotational system.
Mr. Mayor: We approved that earlier and we’re being asked to
reconsider it. Any discussion? All in favor of the motion to reconsider this
item, please vote aye.
Mr. Shepard out.
Mr. Bridges, Mr. J. Brigham and Mr. Kuhlke vote No.
Motion carries 6-3.
[Item 58. Motion to approve to add on-call personnel for the
groundwater system to the rotational drive home list.]
Mr. Mayor: All right. So we will reconsider item number 58. Is
there a motion with respect to item number 58?
Mr. Cheek: A motion to deny the recommendations here listed in
58 and to not allow those cars to go home.
Mr. Mayor: All right. Is there a second to that motion?
Mr. Williams: Second.
Mr. Mayor: Madame Clerk, if you would clear the board after you
make that notation. Is there any discussion on the motion? All in favor of
the motion, please vote aye.
Mr. Shepard out.
Mr. Bridges, Mr. J. Brigham and Mr. Kuhlke vote No.
Motion carries 6-3.
Mr. Mayor: Is there any other business to come before the
Commission? We’ll entertain a motion to adjourn. We’ll adjourn without
objection.
64
[MEETING ADJOURNED]
Lena J. Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a
true and correct copy of the minutes of the Regular Meeting of Augusta
Richmond County Commission held on November 20, 2001.
65