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HomeMy WebLinkAbout09-17-2002 Regular Meeting (2) THE AUGUSTA RICHMOND COUNTY COMMISSION Regular Meeting Commission Chamber September 17, 2002 Augusta Richmond County Commission convened at 2:10 p.m., Tuesday, September 17, 2002, the Honorable Bob Young, Mayor, presiding. Present: Hons. Hankerson, Boyles, Mays, Kuhlke, Colclough, Shepard, Cheek and Williams, members of Augusta Richmond County Commission. Absent: Hons. Beard and Bridges, members of Augusta Richmond County Commission. Also present: Jim Wall, Attorney; George Kolb, Administrator; and Nancy Morawski, Deputy Clerk of Commission. The invocation was given by the Rev. H. K. McKnight. The Pledge of Allegiance was recited. PRESENTATION: Honorable Jack Connell, Speaker Pro Tem Georgia House of Representative & Chairman Augusta-Richmond County Legislative Delegation RE: City of Augusta’s State of Georgia Local Assistance Grant Awards $50,000 – Planning funds for railroad track removal in downtown Augusta $15,000 - Funding to expand operation of Augusta Animal Control Mr. Mayor: Under our presentations today, we have with us Rep. Jack Connell, Speaker Pro Tem of the Georgia House, and he has a presentation for us and I believe we have a presentation for you. Mr. Connell: Thank you very, very, Mr. Mayor and members of the Commission, and ladies and gentlemen. I’m very happy to be here and honored to have an opportunity to bring you some cash from Georgia state. I guess you always feel like you have to pay it to Georgia, and now we’re going to give you a little bit back. During the last Session, we had an opportunity to ask the State Revenue Department if they would give us a 1 little extra money that we might present to the Commission for special reasons. And one of those reasons was give a little check in the amount of $15,000 for Dr. Brogden and the Animal Control System. We are so proud of the work that she has accomplished over the last few years. We wanted to bring you a small check. I say small, it’s not small, it’s $15,000. But this check and the other one that I have, I wish we could raise the amount as easy as they raise the size of the check. But this $15,000 [inaudible], we’ll take that to go to Dr. Brogden and Animal Control, because actually we have a regional animal control. I think Richmond County is the only one that provides cash for the operation of the animal control, and thank you very much for taking care of that. (A round of applause is given.) Mr. Connell: I have another check that’s been expanded also, to $50,000. And this was something that I think all of us would like to see happen very much, is to do something about the railroads crossing all the streets in downtown Augusta. I know Steve Shepard would like very much to see that done, and I’m going to present this one to you. This one is expanded also, the amount of money. It’s $50,000, and a large check for you, for the Commission and Steve Shepard and other who have great interest in finding a way to get the railroads out of downtown Augusta. We’ve got some ideas about it. Some of them sound eccentric, but we think it’s very possible at the proper time that the third level of the canal, which parallels the railroad that runs through downtown Augusta, might be cleared out [inaudible] drainage water and find a way to put the railroad down in the th trestle so that we could eliminate the crossover of all the streets between 15 th Street and the railroad facilities at 6 Street. So we are glad to present that $50,000 to you, Mr. Mayor and members of the Commission, and Steve Shepard in particular. Thank y’all very much. (A round of applause is given.) Mr. Mayor: Jack, if I may, let me just say that the $15,000 toward the animal shelter is indeed going to help us hopefully solve a problem that’s been a nagging problem in this community for some time, and Thursday afternoon we’re going to have an announcement out there at the shelter I think the community will be very pleased to hear. Likewise, we are making some tremendous progress, and Mr. Shepard may want to elaborate a little bit, with Norfolk Southern on the relocation of their rail, and we are 2 continuing our work with CSX. We are probably closer now to relocating the rail line than I think we’ve been in a long time in this community. Steve, you may want to comment. Mr. Shepard: Thank you, Mr. Mayor. And Jack, I think all of us want to thank you for your many years of service to our community, both on the City Council and the Legislature. Want to do that in a few minutes. But just wanted you to know that just because you decided not to offer for re-election to the Legislature, you do not get removed from the Railway, Trains and Traffic Subcommittee, which you have been a charter member. And especially since you bought your seat -- I mean brought some money to us. (Laughter) Mr. Connell: Always a pleasure. Mr. Shepard: But we do appreciate your interest in the project, and to make a long story short, we have been working, as the Mayor said, with both carriers, Norfolk Southern and CSX, and hope to have some announcements in the near future, including a fifth hydra-switch in the not too far distant future. Thank you. Thank you, Mr. Mayor. Mr. Mayor: Thank you. We have a presentation of recognition for you, Jack, and I’m going to ask the Clerk if she would, to read this. The Clerk: This is a proclamation in recognition of Representative Jack Connell. Whereas, Representative Jack Connell is a native community leader and an outstanding citizen of the city of Augusta, and Whereas, Representative Connell began his political career in 1959 as a member of the Augusta City Council where he served two 3-year terms. In 1969, he was elected to the House of Representatives, where he served as Majority Whip from 1973 through 1976 and was elected as Speaker Pro Tem in 1977; and Whereas, Representative Connell has served consecutively as Speaker Pro Tem for 26 years, making him the longest-serving Speaker Pro Tem in the history of Georgia and the United States; and 3 Whereas, His leadership and experience have brought many improvements and opportunities to the citizens of Augusta Richmond County, one of Representative Connell’s greatest achievements has been the resources he has brought to the Augusta medical community; and Whereas, Representative Connell has been effective in bringing improvement to the city of Augusta’s infrastructure, to include obtaining $50,000,000 for the design and construction of the Riverwatch Parkway; and Whereas, Representative Connell is retiring from public service on December 31, 2002, after a lifetime of distinguished service; NOW THEREFORE, I, Bob Young, Mayor of the City of Augusta, Georgia, do hereby proclaim September 17, 2002, to be Representative Jack Connell day in recognition of Representative Connell’s contributions to the City of Augusta. IN WITNESS WHEREOF, I have hereunto set my hand and caused th the seal of Augusta, Georgia to be affixed this 17 day of September, 2002. (A round of applause is given.) Mr. Connell: Thank you very, very much. Mr. Mayor: Jack, we’re going to miss you in the Delegation, but certainly you know your phone is going to ring. When we have a problem or an issue, we’re going to call you. And when we need some lobbying in Atlanta, we are going to call you, too. Mr. Connell: [inaudible] (Laughter) Mr. Mayor: Other recognitions, Madame Clerk? The Clerk: Yes, sir. RECOGNITION: Richmond County Board of Education (Requested by Commissioner Tommy Boyles) 4 RE: Recent SAT Scores Mr. Mayor: Mr. Boyles? Mr. Boyles: Thank you, Mr. Mayor. I think we have Dr. Larke and the members of the Richmond County Board of Education. I’d just like to ask them if they would join me up here. And Mr. Mayor, you went back up, you probably should have stayed down with us. Ladies and gentlemen, I think when all of us campaigned for public office, we talked about economic and industrial development and finding jobs for our young people to keep them home. I am a product of the Richmond County School System, and when I went out and picked up my newspaper on August 28, it was kind of disheartening if you picked it up this way, where you see where we have dropped below South Carolina to #50. But then when you flipped it over, and you saw that the folks that are standing behind me have increased the scores of our own students 25 points, and Commissioners, in your books you’ll see a graph of how that has consistently gone up over the years, and I attribute most of that or maybe all of that to Dr. Larke’s leadership. But I think if we’re going to all get this community where we want it to be, we’re going to have to have a solid relationship between the Board of Education and the Board of Commissioners and the Legislative Delegation. It will take all three of us to do that. So I’m very happy to ask them to come down today and just simply let you be recognized by the members of this Commission and the folks of this city and thank you for what you’re doing. Mr. Mayor? (A round of applause is given.) Mr. Mayor: There’s not a whole lot I can add. When we meet with business prospects to come to this community, the first thing they look for is an educated work force. And this is further evidence we are growing an educated work force in Augusta. We can’t do our job without you doing yours. You can’t do yours without us doing ours. So it’s great to be able to work with you, and hopefully one day we’ll move our offices just down the street from your offices, and wouldn’t that be good? Thank you again. (A round of applause is given.) The Clerk: 5 DELEGATION: Mr. Robert Cook (Requested by Commissioner Tommy Boyles) RE: Augusta Neighborhood Improvement Corporation (ANIC) Annual Neighborhood Cleanup-October 12, 2002 Mr. Boyles: Madame Clerk, Mr. Mayor, I had requested this, also, because I had gone to ANIC’s breakfast, and somehow I became a volunteer coordinator for October 12. And I’d like to, if Mr. Kolb will help me just a moment, I’d like him to distribute those to the members of the Commission for October 12. And also, a request, and I thought Robert would make it but I’ll go ahead and make it, you’ll see in your books last year this Commission waived -- this Commission charged ANIC or charged HND, Housing & I’d like to Neighborhood Development, a cleanup landfill fee cost, and make that in the form of a motion that we do the same thing this year so that we can help with this. Mr. Cheek: Second. Mr. Boyles: And I’d like to ask all of our department heads if you’re not doing anything on October 12, we’ve got something for you to help us join in cleaning this community up. And Mr. Mayor, if you can take my motion, we’ll go from there. Mr. Mayor: We have a motion and a second for the city to provide funding through HND to waive the fees for cleanup [inaudible] landfill. Any discussion on that? All in favor, please vote aye. Motion carries 8-0. Mr. Mayor: That takes care of our delegation. What I would like to do is skip ahead to the Engineering Services items and turn the Chair over, too. Page 8, item number 37 on your agenda, through Engineering Services. The Committee did not meet last week because of lack of quorum. What I’d like to do is turn the Chair over to the Chair of that committee, Mr. Cheek, go through your agenda, what’s appropriate on the consent agenda [inaudible], those items [inaudible] discussion, go ahead. Mr. Cheek: Thank you, Mr. Mayor. I’d like to call a meeting of the Engineering Services Committee to order. Madame Clerk, do we have any additions or deletions to the Engineering Services Committee? 6 The Clerk: No, sir. Not on that portion. Mr. Cheek: Members, if you would take a moment to review items 37 through 51 in the agenda booklet that we have for purposes of forming a consent agenda. And if there are no items for discussion, I’d like to forward this to the Commission with approval from our committee. ENGINEERING SERVICES: 37. Report from the Utilities/Public Works Departments regarding the costs involved with the request from Thomas J. Norris for the water drainage problems and road work at 1704 Orange Avenue. (Deferred from July 8 Engineering Services) 38. Status report regarding the repairs to railroad crossings. (Deferred from August 26 Engineering Services) 39. Approve Capital Project Budget (CPB# 324-05201150420) in the amount of $95,050 to be funded from Special Purpose Local Option Sales Tax (SPLOST) Phase IV for Records Retention Roof Replacement. Also authorize Public Works and Engineering to award a contract to the low bidder, Osborn and Son Construction Management, in the amount of $30,960.00 to install a new standing seam metal roof over the existing roof subject to execution of contract and receipt of proper bonds. 40. Motion to authorize condemnation of a portion of Tax Map 123, Parcel 7.01, which is owned by Barton Investment Co., Inc. for an easement in connection with the I-520 and SR 56 Intersection Improvements Project, more particularly described as 5,597 acre, more or less, of permanent utility easement. 41. Approve a proposal from Greenhorne & Omara, Inc. (G&O) in the amount of $77,053.00 to provide professional services for the Augusta Utilities Department to design sanitary sewer and water lines associated with the Georgia Department of Transportation’s (DOT) Davis Road and I-20/I-520 Interchange Improvements Projects. 42. Approve adoption of the updated Industrial Sewer Use Ordinance that has been reviewed and approved by the Environmental Protection Division of the Georgia Department of Natural Resources. 43. Motion to approve a Resolution requesting a road name change of Lakewood Drive and Lakewood Drive Extension to Lakewood Road. 44. Authorize additional engineering services to Zimmerman, Evans & Leopold in the amount of $285,000 for additional agency 7 consultations, preparation of license application, and stakeholder coordination to support the Augusta Canal licensing effort. 45. Approve contract to purchase a one acre tract for the Butler Creek Greenway. 46. Award contract to Empire Tree and Turf in the amount of $18,730.75, subject to execution of signed contractual documents, for the Tree Removal Project (CPB # 324-06-201160011) funded from the One Cent Sales Tax, Phase IV. 47. Approve a budget amendment to increase both 2002 budget and revenue for the Augusta Richmond County Solid Waste Disposal Facility by $1,040,720. 48. Approve Proposed 2003 LARP Program List. 49. Motion to approve a six-month extension of professional services support with BMS Enterprises, Inc. in an amount not to exceed $70,000 to provide program management support to the Solid Waste Division of the Public Works and Engineering Department. Funding for this extension is from lapsed salaries in this program because of management positions being vacant. 50. Motion to authorize condemnation of a portion of Tax Map 110-4, Parcel 183, which is owned by Stanley M. Seethoff, for a right-of-way in connection with the Windsor Spring Road Improvement Project, Section B, more particularly described as 1,421.77 square feet, more or less, of right-of-way and 4,697.46 square feet, more or less, of temporary construction easement. 51. Motion to approve an Option for Easement between Edward J. Williams, Sr., as owner, and Augusta, Georgia for the following property for a purchase price of $634.00: 400 square feet, more or less, of permanent slope easement and 800.78 square feet, more or less, of temporary construction easement. Mr. Colclough: Mr. Chair? Mr. Cheek: Yes, sir? Mr. Colclough: Clarification on item 49. 49. Motion to approve a six-month extension of professional services support with BMS Enterprises, Inc. in an amount not to exceed $70,000 to provide program management support to the Solid Waste Division of the Public Works and Engineering Department. Funding for this 8 extension is from lapsed salaries in this program because of management positions being vacant. Mr. Cheek: 49? That would be -- Ms. Smith? Excuse me, you said 49? Mr. Colclough: Yes. Mr. Cheek: Excuse me. I misread. 49. That’s Ms. Smith. Mr. Colclough: Tell me a little bit about 49. The $70,000. Ms. Smith: Actually, we have had a three month contract in place with BMS [inaudible] providing [inaudible] and I think all of you are aware we have advertised [inaudible] about a year-and-a-half ago and have not yet been successful in getting a qualified applicant in for that position. And what BMS is doing is they are looking at financial planning, they’re looking at strategic planning, and there are some upper level managerial types if things that we were looking at having them come in to do. The reason we’re looking at extending their contract is if you look over at item number 47, we have come, we have -- they have assisted in preparing the 2003 budgets. We have also identified changes in the process that needed to be [inaudible] as the collections contract is associated, and how those funds are collected. We also have some contracts that had to be put into place to address some items that were EPD concerns, and so many of the tasks that we had originally identified for them to do have not been done because they have been assisting us with some unplanned items that have come up, and what we’d like to do is to continue to have BMS to provide the excellent support that they provided to date out at the landfill. Mr. Colclough: So they’re serving [inaudible] is that the bottom line? Ms. Smith: As solid waste manager. Mr. Colclough: [inaudible] Ms. Smith: Yes, sir, in that position. Mr. Boyles: Mr. Chairman? 9 Mr. Cheek: Yes? Okay, I believe Commissioner Shepard had a question, and then Commissioner Boyles. Mr. Shepard: Thank you, Mr. Chairman. Item 44 regarding the canal licensing, is that just the activities that we are currently involved in with the canal in terms of we’ve talked about power generation? I assume that’s only with the Enterprise Mill and with the current facilities? 44. Authorize additional engineering services to Zimmerman, Evans & Leopold in the amount of $285,000 for additional agency consultations, preparation of license application, and stakeholder coordination to support the Augusta Canal licensing effort. Mr. Hicks: That’s right. The only power generation that would taken place using water from the canal would be at King and Sibley, and I think Enterprise is going to use it to generate for display purposes there. But the rest of it is just for the mechanical water or water for mechanical hydropower. Mr. Shepard: There really is no alternative to this, is there, Max? Mr. Hicks: No, sir. We have to get the [inaudible] license for the canal, else someone could file an application and try to get it, so we have to do all of these studies, whatever the -- Mr. Shepard: What does that license do? Mr. Hicks: We need to submit by the early part of 2003, and if you’ll notice in the backup, that’s what the aim is, get that [inaudible] license application ready by that time. In the meantime, there are a number of studies that have been finalized. They’ve been put on a website, using ZEL Engineers’ website, so that the agency members can review them on the internet. And that’s going to greatly aid this process, is they can review it there. Mr. Shepard: And we’re not under a deadline, we’re just trying to be pro-active here? Mr. Shepard: Well, we have a deadline. We had our first -- what’s called the interim permission to apply for the license. And that time we 10 spent developing additional data that had been requested. We’ve now filed for the second interim permit, and that time will be up next year. We hope to have the license application ready by that time. Not hope to, we will have the license application ready by that time. So there is a deadline for us to have it completed. Mr. Shepard: Thank you, Mr. Chairman. Mr. Cheek: Mr. Hicks, this is a result of the city allowing the license to lapse and we’re in the re-licensing process for the canal? Mr. Hicks: Yes, sir. That effort has been going on for almost 20 years, trying to get a new license for the canal. And we are much closer now than we’ve ever been before. We’re now in a position that the federal agencies are working with us, we’re working with them, we will be able to do what’s needed and keep the canal operating. Mr. Cheek: Thank you, sir. Commissioner Boyles, then Commissioner Williams, then Commissioner Mays. Mr. Boyles: Thank you, Mr. Chairman. I was wondering on item 37, if Mr. Norris had made a trip down today. 37. Report from the Utilities/Public Works Departments regarding the costs involved with the request from Thomas J. Norris for the water drainage problems and road work at 1704 Orange Avenue. (Deferred from July 8 Engineering Services) Mr. Norris: Yes, sir. Mr. Boyles: Would you come before the microphone, please? Mr. Norris: Let me say good afternoon to everyone. My voice is kind of weak, I have a cold. But my request is very simple. As a taxpayer, I am requesting that the county put in a road at 1704 Orange Avenue. Now the request that I’m making for this particular subdivision, from my understanding and the research, that anyone who bought property in this particular subdivision, which is Bel Air Hills Estates, when the property owner needs a road so that he can build in that area, that the county would provide that road. I have been making this request now for about three 11 years. I really -- I’m at a point now where it’s beginning to cost, if interest rates go up, to build my home. I need a road. I need the road yesterday, to be honest. I’m not trying to bully anyone, but I have been faced with delaying tactics. Go here, go there, talk to this person, talk to that person. At this time, I’d like to appeal to the Commission to put in this road for me. I’m not talking about a long road, I’m talking about 200’ dirt road so that my contractor can get in to build my home. Mr. Cheek: Thank you. Do we have a response from staff? Information on cost and so forth? Ms. Smith: First of all, the information that was provided or that is on record with regard to Bel Air Hills Estates does indeed indicate that the City will go in and build those roads as funds become available. I think as all of you know, Bel Air Hills Estates was indeed listed on the unfounded list for Phase IV SPLOST and those roads, Bel Air Hills Estates as an entity for infrastructure work was not funded in Stage IV SPLOST. However, these roads are identified also in the paving dirt roads program. In addition to the grading and paving that’s required to be done in Bel Air Hills Estates, there is also a significant amount of drainage work that needs to be done. So while some of these roads can indeed be done with the dirt road funds, there are also drainage and storm water related issues that will have to be addressed. The area that Mr. Norris is speaking of near 1704 Orange Avenue is indeed an area that we have gone out, we have taken a look at, and in order for us to do that 200’ section that he’s requesting, there is also some drainage related issues that would need to be discussed and would need to be built at that time. In order to do the entire length of Orange Avenue, we will be looking at approximately $100,000. In order to do the area immediately adjacent to 1704 and the 200’ just above it, we will be looking somewhere in the neighborhood of $40,000 to $50,000. Again, because we have to address the drainage related issues. We are in the process of preparing, and this isn’t something that is going to provide a short-term solution to Mr. Norris, however we are in the process of preparing an agenda item to come back before the Commission to request that the paving dirt roads list be reviewed to allow those roads that we already have right-of-way on to be moved up the list. It turns out that in looking at the entire list, there are approximately six roads other than those roads in Bel Air Hills Estate that we already have right-of-way. What that would do is, for those funds that I think the Mayor had commented about a year ago about the progress on this particular program, this would allow us 12 to go ahead and utilize some of those funds that are existing in that program to pave those streets and Bel Air Hills Estates. Many of you are probably familiar with the fact that the Utilities Department has several water and sewer lines, I believe it is, that they are putting in Bel Air Hills Estate, and would allow this work to be done in a unified manner and pretty well at the same time. We have spoken with the Utilities Department about this and are in the process of trying to coordinate a plan for doing this work. Again, that would mean that some of the funds for the paving dirt roads program would be expended to address putting in the required drainage structures that are needed to accommodate making the changes out here. Mr. Cheek: When can we expect to see that brought forth? Ms. Smith: The initial report as far as what we are proposing to do, we should be able to bring back in 30 days. As far as the scope of work. Mr. Cheek: Additional questions, gentlemen? Mr. Mays: Mr. Chairman. Mr. Cheek: On this item? Mr. Mays: On this item. Mr. Williams: Mr. Chairman, I’ve got some. Mr. Cheek: Mr. Mays? Mr. Mays: Thank you, Mr. Chairman, and I do need to be recognized on 38 as well. But I was going to say something different in reference to that. I appreciate the work that the current Public Works Director and current Director of Utilities are doing. One thing about government, it usually -- it outlives the folk who make certain decisions, and that’s a good thing. Whether it’s five years ago, ten years ago, 15 years ago. But that 30 days in fine on the long range efforts of what needs to be done in Bel Air Hills, but I’ll say this. I’m glad that that area is represented by the current set of Commissioners who have been representing Bel Air Hills. They’ve been saddled with a lot to deal with. And that’s more help than I was getting from some of their predecessors. Now there was a commitment made by the Board of Commissioners, and I believe in folk living up to commitments that 13 are made. While the 30 days to get that back to us to make a decision sounds good, I think we also need to deal with the two-fold effect and in finding out from Mr. Norris in reference to his set of deadlines that are in there, because the original commitment that the County Commission voted on was to -- not in the scope of the whole project [inaudible] Bel Air Hills [inaudible], that was for long-range, and I’m still for that and I was for that before folk who are representing Bel Air Hills wasn’t for that. But there was a commitment made and voted on by the governing body that when construction was to be done in Bel Air Hills, that the County would provide the access, the clearance and the moving away, whether it was debris, so the equipment could get in and that that construction would take place. That commitment needs to be still honored. It hadn’t been undone, it hasn’t been changed. Now I think that’s a good scope of where you all are moving on cause that’s progressive. But that also does not necessarily satisfy nor take care of -- I think in some ways, Mr. Mayor, that actually it blocks up what construction could massively be going on in Bel Air Hills if we were ready to do some work. Bel Air Hills for 35 to 40 years has given up its right-of- way and been willing to do anything that Richmond County would do. It’s been the County basically, for the most part, that has not acted, and has not responded. So this is nothing new. This is no precedent-setter. So I’m satisfied from the long-range part that that’s getting under way. But I think the question that needs to be answered is how soon can we get access for construction to deal with what is there, because that has been the burning question, not about the last 60 to 90 days with this particular one. And while I appreciate that and I know, Ms. Smith, Mr. Hicks, this is something y’all inherited, other Commissioners have inherited, but some of us been fighting this uphill battle with molasses on the side of that mountain for a long time. And I for one have gotten real tired and I think the reason why a lot of that area is still woods is because the basic services -- and I might say that dirt road committee, I’m glad to see us get off that [inaudible] because I thought it was very unfair, and the reason why that has not been changed until y’all got behind it and the Mayor asked the question that he did, is the fact that it was going to be unfair then and unfair now to ask those who, only who could pay for basic services to get moved up, and when we promised over a th series now going into -- soon to ask for a 5 sales tax extension, to ask folk from Bel Air Hills to come back again and vote for something that they were promised really in 1987, that if they voted for it they would do it. And that even pre-dates me. So I want to hear somebody say what gets us off square one to deal with clearing some land, getting some access to the roads, and so that houses can be built like we promised they would be done and then we 14 move on to the long-range plan. Cause this is good, but this does not get us to what we voted on as a Commission close to a decade ago that we would do. Jim, you may want to go into that legally of what binds another Commission, but a voted-on promise, until unvoted on or undone to me is still a promised. Mr. Cheek: Do we have a response from staff concerning that? Is this something we can answer today as far as timetable on this particular issue with Orange Avenue? Mr. Kolb: No, we cannot. Next Monday is your Engineering Services Committee meeting. We will have a report to you by then, if okay. Otherwise, we are flying by the seat of our pants. Mr. Cheek: Is this a return a report on Monday, gentlemen, is this something that we can live with? Mr. Mays: I guess my question is, Mr. Kolb, and I’m in full agreement of what she’s been saddled with, long-range. She inherited this one by the [inaudible], but you also got an area that’s been kicked in the seat of its pants, and I need to get an answer to whether we are coming back Monday for a long-range proposal or are we coming back with two proposals? One that deals with construction that has been decades-long promise and the other that deals with long-range. Now we made that commitment. We’ve gone in before we got so tied down and bogged down, we were going in and we were cutting access so that some of these homes could be built. And dealt with. Mr. Cheek: Let’s just see if we can get an answer to your question. Do we have -- can we provide information on Monday specific to Orange Avenue and a timetable for that area? Mr. Kolb: We can come back to you with two phases. One, we can do the short-term Monday on Orange Avenue and give you a definitie timetable. It’s going to take -- I recognized what Commissioner Mays is saying; however, it is not totally programmed in our plans for right now. It’s going to take us a little longer, if Commission desires us to change direction and submit change orders for this particular project. And that’s going to take us about 30 days. However, we can give you more of a definitive on the short-term with Orange Avenue next Monday, and then we can give you 15 a better idea of what it’s going to involve with respect to the long-term solution. Mr. Mays: Mr. Chairman, and I was hoping we could maybe move some of these to the end of the meeting, cause I know we got folk waiting on zoning and other stuff in there, but it’s out here now. And I appreciate us getting to that, and the Attorney may want to help me out a little bit here. But what’s programmed and what’s on our agenda is also been something we voted on and put on an agenda prior to Randy Oliver, prior to George Kolb, prior to Teresa Smith, prior to consolidation, prior to Max Hicks. And at some point, the credibility of the government is on the line. We are going to start asking folk to vote for bond issues, to vote for tax extension and to do everything else that they get promised, and the only thing I’m essentially saying is we need to find a way that somebody deals with a bush hog or a sling blade, a lawnmower, or whatever it takes, motor grader to cut a road., and to deal with being able to get access to that. Or either we need to bring it back and put it on the agenda, and we need to say we are going to reverse what we promised, we’re going to back away from that, and we aren’t going to do that. When we take official action to say we are not going to do that, then I think it gets on a different agenda. We’ve never undone the agenda. In reference to Mr. Wall, your predecessor, which when we started this, and that was the unofficial agreement because we did not have the money to totally do Bel Air Hills and the Commission at that time ranked it at the bottom of the agenda, and it took those of us who do represent that area, even to get it on the radar screen. And you’ve got Commissioners now that are willing to do it. But the point is, it’s so far down in there that we did -- the compromise was we would make available at the time land was sold, the permits were issued, that we would move and clear that space so the homes could be built. And I think what would clear everybody’s mind, would send a clear message, if we’re not going to do that, put it on the agenda one day soon and just reverse the whole decision and say we’re not going to keep the promise that we made. And it will be real simple. But until we do that, as far as I’m concerned, it’s still and it’s already on the agenda. And [inaudible] agenda, that’s the [inaudible] ten years ago. Mr. Cheek: Mr. Wall? Mr. Wall: Let me follow up with what Commissioner Mays is saying. These streets, and this one in particular, was expressly accepted by the County as a dedicated road by Augusta, by Richmond County at that time. 16 And so we have an obligation to make it a road. And that is what Commissioner Mays is saying. Rather than, since we did not have the money to go in and build every one of the roads, the understanding was that as the homeowner came forward, bought a lot and needed access, that we would at that point clear the road and clear a path to his property. And that has been the policy of the Commission -- Commissioner Mays says a decade, and I won’t argue with his time period. I don’t remember. At least a decade. Mr. Cheek: In checking the records, Commissioner Mays is incredibly accurate with his information. Mr. Kolb: Mr. Chairman, it’s given me a little time to get a little more information. We are planning, in the master plan, in preparing for construction of the water and sewer lines, they will be going through that area to clear out the road, the right-of-way. What we need time for is to program the actual road construction. And so short term, if you allow us until Monday, we can give you more information. There is a plan on the books, so apparently something has been done even prior to us in terms of putting the plan together. It’s just a matter of us bringing it to you, communicating it to you, and also the time schedule. Mr. Cheek: Any additional information requested for item 37? Commissioner Hankerson? Mr. Hankerson: I’m not quite sure where we need to be with it with someone who is attempting to build a home. As I hear, we have some obligations to fulfill. I think that we really need something more concrete to tell this gentleman when they come back Monday, either we give him a date when we’re going to start making him a road in that he could start his construction, and then the other plan we have would be a long range plan. I don’t think we need to hole up this family from building their home. I think we need to -- if it’s order to put in the form of a motion that we come back Monday, that we come back, giving him a date that his road will be installed, and we can do the other long range thing other. I put that in the form of a motion. Mr. Williams: I second that. 17 Mr. Cheek: Commissioner Hankerson is out of order. He’s not a member of the Engineering Services Committee. I’m sorry. Mr. Hankerson: This is the meeting? Mr. Cheek: Yes. Mr. Hankerson: I apologize. One of the Committee members, then, I task them with making my motion. Mr. Colclough: I will take Rev. Hankerson’s motion and put it on the floor. Mr. Cheek: Okay, do we have a second to that motion? Mr. Boyles: I second. Mr. Cheek: We have a motion and a second. Mr. Kolb: Mr. Chairman, I don’t believe a motion is necessary. We have committed that we will come back to you with a report and a schedule for implementation of the project on Monday, and I think we will do so. Mr. Cheek: Mr. Kolb, all of us know the good intentions of staff, and it’s good that there are so many here. There is a great deal of frustration among many of us that these programs are often promised and for one reason or another are delayed. Let us see how the vote goes and then we’ll go to full Commission and allow full Commission to vote on it. But we are all equally frustrated with the promises that are made in the past that see such as lack of follow-through. Commissioner Williams? Mr. Williams: Thank you, Mr. Chairman. I’m not on the committee, but my fellow Commissioner has already expressed my concern, as well. We get our backs against the wall, Jim, and then we want to come out. And here’s another thing that we are doing the same way with. I think this gentleman, and not only him, anybody that’s building, been waiting three years, have been more than patient. We need to have not a long term, but a very short term solution to come back on Monday, and that’s what we going to do. I hear the Administrator and I know he’s got good intentions. But like so many time, we say we going do something, and for three years now 18 it’s been put on the back burner. So I think the motion that’s on the floor is in order and I can’t vote cause I’m not on that committee but I do support it. I just think that we need to come up with something and move forward with it. Mr. Cheek: Mr. Kolb, that is the intention of staff to come back with that date and time table. So we have a motion on the floor. Do we have any further discussion? Could we have the motion reread? The Clerk: Yes, sir. Mr. Mays: Thank you, Jim, for bailing me out. I appreciate that. The Clerk: Yes, sir. The motion was to give Mr. Norris a date for when the road to his proposed home will be constructed. Mr. Cheek: Okay. And that is to come back to the next Engineering Services Committee? I think it’s good. I think the public can see the concern that this Commission has for seeing that projects through that are promised. We have a motion and a second. Any further discussion? All those in favor, normal sign of voting. Motion carries 4-0. Mr. Cheek: Item 38? Madame Clerk? I’ll go ahead since she’s writing a status report. 38. Status report regarding the repair to railroad crossings. (Deferred from August 26 Engineering Services) Mr. Mays: Mr. Chairman? Mr. Cheek: Yes, sir? Mr. Mays: Could I say something? What I was going to do, I didn’t know whether Ms. Smith had a short report or whether she needed to give some detail. And since we didn’t have committee meeting, we’re going to have on Monday, on 38, if we might just defer that over to Monday with it, or do we need to discuss it? Or if it needs to be discussed, what I was going to ask is that we allow the zoning matters and everything to go on and we 19 put this to the end of the consent agenda and the zoning matters so that if it’s got to be discussed today. Because I think it’s going to [inaudible] , okay, then I’ll let you direct to the Chairman, because I did have a comment or two about that, too. Ms. Smith: Actually, the action for this meeting, which was to be the meeting on Monday, was to come back and report to you how we were doing with evaluating the roads. The actual report isn’t due until, I think it was 30 days from the last meeting. And just to let you know, we have gotten some input from the Deputy Administrator. We have our traffic engineering group, our construction inspectors, as well as our site plan inspectors out evaluating. We have got almost 100 crossings that we’re taking a look at. We’ve also gotten a couple of responses from the Mayor about some places that need to be looked at. And so we are compiling a list of those areas that need to be addressed. Mr. Cheek: Okay, Commissioner Williams. Mr. Williams: Thank you, Mr. Chairman. I had this put on your committee to be discussed for really two crossings. I mean we got a lot of situations in this area that need to be -- some attention need to be focused on. But Milledgeville Road and Savannah Road, if you don’t use Gordon Highway, that’s the main entrance in and out to South Augusta. But those two roads are so dangerous until it’s almost unsafe to drive on. Now if you go by there after the road, there is water standing, the tracks are so bad that regardless of what kind of automobile you may be riding in, you’ve got to come to a complete stop. Milledgeville Road is right in front of #5 fire station. I am looking for a serious accident to happen there. When you go across Broad Street, and a train is a train. I worked 27 years with there. There is no heavier train on one side of town than there is on the other one, but you go across Broad Street and it’s smooth. I mean it ain’t perfect, but it’s a lot better. When you go to Milledgeville Road or Savannah Road, you’ve got to come to a complete stop, unless you knock the tires out from under your car. And we are sitting here and let this happen for a long, long time. So I had this put on for those two roads in particular. Now I know there is some construction to be lined up on Savannah Road, Mr. Mayor, I understand. But I can’t see how it’s not the City’s responsibility, and Jim, you might be able to correct me on this, I think the railroad has been allowed to not maintain. The freight train that come through Augusta, normally comes through Milledgeville Road and across Savannah Road. The piggy- 20 back trains come through there, the same direction. The train can’t run over 15 miles an hour, I don’t believe now, on those tracks because the track is really bad. But those roads that the citizens of Richmond County, any way you go to south Augusta, unless you go Gordon Highway, you got to use those two roads. So that’s the main reason this is on the agenda this morning, for your committee, Mr. Chairman, because when the water sit there, the fire station is there, they get a fire call, somebody is stopped, it’s a dangerous situation. It’s an accident looking for a time. Not a place, cause it’s got a place. It’s looking for a time to happen. And I want to know what we was doing on those two roads especially. Ms. Smith, if you can address those roads? I know they on your list, but can you give me any, any input as to what we doing for those two right now? Ms. Smith: As was indicated in the meeting that we had when this initially came up, both of those roads, information on them have been given to the respective railroad. If I’m not mistaken, there was another road in the vicinity of Old Savannah that was worked on, and recently. And they committed at that time to come back and to address the crossing at -- I believe it was M.L. King that was scheduled to be done, and to come back and do Old Savannah. We do not have a date on that. However, before we followed up with them we did indicate we would send them a consolidated list and that’s the information that I am in the process of putting together, to give to the County Attorney who was tasked with sending the letter to the respective representative of each of the railroad. Mr. Williams: Mr. Chairman? Mr. Cheek: Go ahead. Mr. Williams: Jim, if you could help me out, cause this is really serious. What do we need to do or what’s going to be done to address -- now, we’re not talking about Orange Street now, but this is just as important -- as to getting some figure, of getting some time? I think we have allowed the railroad to take advantage of the citizens of Richmond County and not to stand responsible for what they supposed to be doing. So what are we looking at when you’re talking about time frame and sending something to them? Mr. Wall: Well, as soon as I get the complete list. I mean my intent was to send an immediate letter to them and to follow that up with 21 discussion. As you well know, there are a number of issues that we have with the railroads, and the goal was to have a meeting to work out all of those issues or as many of them as we could, and so I don’t know that I’m answering your question, but I mean as soon as we get the list -- rather than attacking it piecemeal, I was hoping to get the complete list so we could sit down and work through the priorities and get them scheduled and get them moving. Mr. Williams: Jim, I’m in agreement. Mr. Chairman, if I may. I’m in agreement with that, Jim, but this is very serious. This is a dangerous situation there when, not just when it rain, but even more when it rain. But you can’t go across that crossing at MLK or Savannah Road without coming to a complete stop. And you know how the traffic is all around this city, and when you talking about people driving and not paying attention. You’ve got a fire station that’s sitting there that may have a fire call to get out there at any time. It’s something we should have addressed a long time ago, and I’m looking for some immediate relief on those two crossings first. I mean if you got a broke leg, Jim, you going to tend to it first, I think. You’re not going to worry about the one that’s not broke. That list is good, but it ain’t just happened in the last year. This ain’t just happened in the last two years. For the last ten years, if not more, that this crossing has been really bad, and you got a train, and a train is a train whatever side of town it’s on. It ought to be the same way when you go across MLK and Savannah Road as it is going across Broad Street. And that’s what I’d like to see happen, and if we need to talk to those people, those people in charge of the railroad, we need to bring them in and ride out there and take a look at it and let them see what we’re talking about. Mr. Cheek: Commissioner Shepard? Mr. Shepard: Thank you, Mr. Chairman. Commissioner Williams, you know you and I serve on the Railroad, Trains and Traffic Committee, along with Mr. Beard and Mr. Mays, and I hope you would -- and this is your law partner talking here -- Representative Mickey Channell, to my recollection, has just succeeded in passing through the Legislature a new Bill, a new law that has taken effect that we can use to bring about the resurfacing of these tracks without the judicial process. It’s sort of an arbitrated process now involving the State D.O.T. But if you would take that on as part of the Railroad, Trains and Traffic Subcommittee, I would be very appreciative because there is this new mechanism. I’m sure Mr. Wall 22 would help you find it, and I now these are two heavily-traveled crossings and we’re certainly interested in that as well. So if you would look at that, and it may be a tool we could -- when we send that list in, we could not just send that list, we’d have some stick behind it to force them to do something, if you would do that. Mr. Williams: I sure will, Mr. Shepard. Mr. Shepard: Thank you. Mr. Cheek: Commissioner Boyles and then Commissioner Mays. Mr. Boyles: Mr. Chairman, I was just going to recommend or make a make a motion that we take item 39 through 51 to Engineering Services Committee and add to the consent agenda. ENGINEERING SERVICES CONSENT AGENDA ITEMS: 39. Approve Capital Project Budget (CPB# 324-05201150420) in the amount of $95,050 to be funded from Special Purpose Local Option Sales Tax (SPLOST) Phase IV for Records Retention Roof Replacement. Also authorize Public Works and Engineering to award a contract to the low bidder, Osborn and Son Construction Management, in the amount of $30,960.00 to install a new standing seam metal roof over the existing roof subject to execution of contract and receipt of proper bonds. 40. Motion to authorize condemnation of a portion of Tax Map 123, Parcel 7.01, which is owned by Barton Investment Co., Inc. for an easement in connection with the I-520 and SR 56 Intersection Improvements Project, more particularly described as 5,597 acre, more or less, of permanent utility easement. 41. Approve a proposal from Greenhorne & Omara, Inc. (G&O) in the amount of $77,053.00 to provide professional services for the Augusta Utilities Department to design sanitary sewer and water lines associated with the Georgia Department of Transportation’s (DOT) Davis Road and I-20/I-520 Interchange Improvements Projects. 42. Approve adoption of the updated Industrial Sewer Use Ordinance that has been reviewed and approved by the Environmental Protection Division of the Georgia Department of Natural Resources. 43. Motion to approve a Resolution requesting a road name change of Lakewood Drive and Lakewood Drive Extension to Lakewood Road. 23 44. Authorize additional engineering services to Zimmerman, Evans & Leopold in the amount of $285,000 for additional agency consultations, preparation of license application, and stakeholder coordination to support the Augusta Canal licensing effort. 45. Approve contract to purchase a one acre tract for the Butler Creek Greenway. 46. Award contract to Empire Tree and Turf in the amount of $18,730.75, subject to execution of signed contractual documents, for the Tree Removal Project (CPB # 324-06-201160011) funded from the One Cent Sales Tax, Phase IV. 47. Approve a budget amendment to increase both 2002 budget and revenue for the Augusta Richmond County Solid Waste Disposal Facility by $1,040,720. 48. Approve Proposed 2003 LARP Program List. 49. Motion to approve a six-month extension of professional services support with BMS Enterprises, Inc. in an amount not to exceed $70,000 to provide program management support to the Solid Waste Division of the Public Works and Engineering Department. Funding for this extension is from lapsed salaries in this program because of management positions being vacant. 50. Motion to authorize condemnation of a portion of Tax Map 110-4, Parcel 183, which is owned by Stanley M. Seethoff, for a right-of-way in connection with the Windsor Spring Road Improvement Project, Section B, more particularly described as 1,421.77 square feet, more or less, of right-of-way and 4,697.46 square feet, more or less, of temporary construction easement. 51. Motion to approve an Option for Easement between Edward J. Williams, Sr., as owner, and Augusta, Georgia for the following property for a purchase price of $634.00: 400 square feet, more or less, of permanent slope easement and 800.78 square feet, more or less, of temporary construction easement. Mr. Cheek: We have a motion. Mr. Colclough: So move. Mr. Cheek: We have a second? Mr. Colclough: Yes. 24 Mr. Cheek: We’re still in the process of discussing item number 38, so we’ll come back to that for further action. We have a motion on the floor for 39 through the remainder, 51. Any further discussion on that for consent agenda? 38 is still on the floor. We’re going to come back to 38 to make sure we’ve tied it up completely. Okay, if there is no further discussion, all those in favor of moving item 39 through item 51 forward with approval as a consent agenda, normal sign of voting. Motion carries 4-0. Mr. Cheek: Get back to item 38 for further discussion. 38. Status report regarding the repairs to railroad crossings. (Deferred from August 26 Engineering Services) Mr. Cheek: ? In the interest What we need on this, is staff prepared of time, does this Committee feel we can refer the status of the full report until next Committee meeting, this coming Monday , which will allow further discussion? Is there a motion we can get to that order? Mr. Colclough: I make a motion that we do. Mr. Mays: Second. Mr. Cheek: Okay, motion and second. Do we have further discussion on item number 38? Commissioner Mays? Mr. Mays: Yes, Mr. Chairman. To follow up on Steve’s information, what I was going to suggest, cause obviously 38 won’t be solve today. Period. But I think what needs to be done on Monday in addition to the reports that are forthcoming, is that we use the power of the new Bill that was passed to do whatever is in the best interest of our citizens here. And I don’t have a problem with sending something to the railroads. Because we have other relationships to deal with them. But you’ve got one here that we are, quite frankly, being ignored in, and if the railroad wants to do the repairs, fine. If we going to do the option of the new law, repairing them and dealing with arbitration, I think what we need to be discussing on Monday is being able to come in on Monday, take the quickest option that we can, and go on ahead and fix them. And deal at least with a top ten priority list. Because I mean we keep riding across Richmond County, it’s a 25 lot of tracks in Richmond County. And I’m not saying I’m not concerned about other areas, but you’ve got some that you can run over, and it’s as though you run across synthetic material that’s out there as though you never missed a beat, and then you got some, you better be headed to the alignment shop. So you’ve got different road situations out there. As Marion said so. And I think you need to come in at least on those eight to ten bad ones that we’ve got, go ahead and deal with using the new law. And if we going to have to repair them, it would be nice if Public Works could come in with a price for repair that we can argue about on dealing with the reimbursement. Because I got four tracks crossing Laney Walker down there, but I got one set of lights. And the rest of it has just totally gone raggedy. In front of New Savannah Road and the rest of them. The only one that’s decent is the th one right before you get to 5 Street. And I got Savannah Road, then Martin Luther King, and then, you know, so they go on and on. So I have no problem, gentlemen, with deferring it, but I think Monday we need to be in a position to say what position we going to take. And we got the new law there in place, if it has been passed, then let’s do what is the best option for our folk that’s expedient, take that route, and put the railroad on notice that we are going to do that. Because I think we can’t, because we have other good situations to deal with with the railroad, this just happens to be a bad one, and we can carry on the other good relationships, moving tracks, diverting this, putting down switches, all that sounds good. But what we got right now, as I said in committee meeting, and excuse the country grammar, we got some raggedy tracks, and District 9 just happens to have just about all of them. So, you know, I want on Monday to be able to do more than just us approving a list. I want us to be in a position to send something to the railroad about what route we plan to take, and so I have no problem with deferring it, Mr. Chairman, but I just think we need to be moving on a course of action with it. Mr. Cheek: I think that’s something that has been communicated loud and clear to staff. Any further discussion? Mr. Kolb: Yes, sir. Mr. Chairman, if I may? Mr. Cheek: Yes, sir. Mr. Kolb: We have been in conversation with the railroad, at least CSX, on this very issue within the last 30 days. And what they have requested from us is a list of the railroad intersections that we consider to be 26 in need of maintenance. What I’ve been trying to say is that if the Commission has some individually or collectively, if you have some railroad intersections that we need to take a look at, you need to get them to us as quickly as possible so that we can get these to CSX and see what they’re going to do with it. There is no way, since we’re not responsible, we don’t do railroad crossings, that we can have any kind of estimates for you for Monday. The only thing that we can do is try and get a list together and get them to the railroad to see exactly what they’re going to do with it. Mr. Cheek: And I think it would behoove all of us as Commissioners to develop a list that we have from our Districts of crossings that we know of to make sure that they are included as part of that list. Mr. Kolb: Especially CSX, because that’s the one that we have been working with most recently, and so therefore I think we can get something going with them quickly. Also Norfolk Southern, and we’ll try and communicate that to them, also. Mr. Cheek: We do have some life safety issues that we really need to address when it comes to these crossings. Commissioner Williams? Mr. Williams: Thank you, Mr. Chairman. I somewhat disagree with our Administrator about we don’t do railroad crossings ourselves. But there are several companies that will come in that we can hire, like we hire a company to do everything else in this government. There are several units that work on just railroads. That’s all they do. They come in and they will fix the crossing and do whatever else. Now this is a very serious situation. This is a long-term problem that’s been here for a long time. Commissioner Mays made a good point. We need to prioritize those crossings that’s detrimental right now. We can sit here and form a list and go from one end of this county to the other one. But those two issues, and the reason I put this on, because of the seriousness of these two locations right now. Now we are not saying we are going these two and stop. What I’m saying is that these two are going to cause a serious accident there. They tearing up the constituents’ cars. We need to go ahead and move. There is a list already been made. That’s Savannah Road and MLK. That’s the first two. That don’t mean that’s the end. But that’s the first two. And if we need to call a private contractor in to do those crossings, we need to do something. The railroad is not going to do no more than they have to do. As long as a train is able to move, they going to move it. And when it falls or when it details, 27 they going fix that one spot, and they going to continue to go on again. This is our responsibility. Those are public streets. And we need to make them as safe as we possibly can for the people of Augusta Richmond County. So there are some avenues we can take as getting something to work on them and getting a price on it. And if you need those names, I can get those names for you. I can get those companies for you. Mr. Kolb: Mr. Chairman? Mr. Cheek: Yes, sir? Mr. Kolb: I’m not suggesting that we circumvent the law, but I am suggesting that we give the railroads an opportunity to address the problem. I don’t think that we have done that before. It is not Augusta’s responsibility to fix the railroad crossings. It’s the railroads’. They are the ones that fix it and pay for it. I am suggesting that we attempt to try and get cooperation from the railroads, especially on the ones that Commissioner Williams is referring to. The law gives us an avenue to force it. I’m not sure that we want to use that at this time. It’s the Commission’s decision. Mr. Cheek: Certainly we should try to work as a partnership with our railroads. That would be out carrot, but certainly we need to keep our stick handy just in case. Any further discussion? Okay, we have items -- for clarity’s sake, we have items 37 and 38 to be forwarded to the next Engineering Services Committee. The remainder has been passed on to the Commission will full approval as a consent agenda. I would like to say for the record, too, to all of you here, I apologize for the length of this Engineering Services Committee. As Chairman I take full accountability for the fact that we were unable to put a quorum together due to business concerns at my full employment that were beyond my control. But nonetheless, I take full accountability for the time you have sat here, and I invite you to come enjoy this with us on Monday at 3 o’clock for our next Engineering Services Committee. Mr. Mayor: Mr. Chairman, thank you very much. We will move on now to our consent agenda. Mr. Shepard [inaudible] our consent agenda, which is items 1 through 31, plus those items which were just [inaudible] Engineering Services Committee, and with your consent, if we could add to the consent agenda items number 53, 54, 55 and 56. 28 Mr. Shepard: So moved, Mr. Mayor. Mr. Cheek: I’ll second that, Mr. Mayor. Mr. Mayor: We have a motion and a second. Gentlemen, would you like to pull any items [inaudible]? Mr. Hankerson? Mr. Hankerson: Mr. Mayor, I’d like to pull 53 just for clarification. Mr. Mayor: 53 for Mr. Hankerson. Okay. Any others? Mr. Williams: Mr. Mayor, I’d like to pull item 26 for clarification and items 27, 28, and 30. Mr. Mayor: That’s items 26, 27, 28 and 30 for Mr. Williams. Any others? Mr. Wall? Mr. Wall: Well, I think you have people who are here to speak on items 13, 15, 16 and 17. Mr. Mayor: Let’s pull those. 13, 15 -- Mr. Wall: 13, 15, 16, 17. Mr. Mayor: Okay. I’ll have the Clerk reading the zonings. Madame Clerk, if you’ll read the zoning items, and then we’ll proceed. The Clerk: Under the planning portion of the agenda: PLANNING: 1. Z-02-105 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that the parking plan will conform with the County Tree Ordinance and that no variance to the Tree Ordinance shall be requested; a petition by Saint Ignacious of Antioch Melkite Church requesting a Special Exception for the purpose of expanding an existing church, including day care services per Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property located at 1003 Merry Street containing three (3) land parcels totaling .5 acres. (Tax map 45-1 Parcel 136 and 137 and 84) DISTRICT 3 29 2. Z-02-106 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by McDonald’s Corporation, on behalf of William R. Coleman, Jr., requesting a change of zone from Zone B-1 (Neighborhood Business) and B-2 (General Business) to B-2 (General Business) affecting property located at 2902 Washington Road and containing .93 acres. (Tax Map 12 Parcel 92). DISTRICT 7 3. Z-02-107 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Laney-Walker Development Corporation, on behalf of the City of Augusta, et al, requesting a change of zoning from Zone R-1C (One-family Residential) to Zone B-1 (Neighborhood Business) with a Special Exception for a shopping center having over 15,000 square feet of area per section 21-2 (a) of the Comprehensive Zoning Ordinance for Richmond County affecting property located on Laney-Walker Boulevard and containing multiple parcels totaling 2.2 acres. (A list of addresses is available at the Planning Commission office). DISTRICT 1 4. Z-02-110 – A request for concurrence with the Augusta- Richmond County Planning Commission to approve with the following conditions 1) that the development be limited to 19 lots with no road connection to the remainder of this tract or to adjoining tracts and 2) that the paper section of Whitney Street be improved by the petitioner to county standards from where the pavement ends to the subject parcel a petition by Murray Williams requesting a change of zone from Zone R-3B (Multiple-family Residential) with restrictions to Zone R-1C (One- family Residential) on the northernmost 5.63 acres of a 16.1 acre tract fronting on Walden Drive and Whitney Street Extended. (Tax map 57-3 parcel 9) DISTRICT 5 5.ZA-R-152 - An request for concurrence with the Augusta- Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County deleting section 22-2 (b) related to adult bookstores, adult entertainment establishments, or adult theatres and adding a new Section 28-C entitled Adult Entertainment. 6. ZA-R-153 – An request for concurrence with the Augusta- Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County amending Section 35 to add language to 35-6 to provide an administrative procedure for implementing reversionary zoning conditions duly imposed by the Governing body. 30 Mr. Wall: On item number 5, in particular I would request that the Commission waive the second reading of that ordinance. Mr. Mayor: Is there unanimous consent to waive the second reading for item number 5? No objection to waiving the second reading. Mr. Cheek? Mr. Cheek: Mr. Mayor, on item 6, just a quick question. Mr. Mayor: Let me dispose of this first, with the Attorney. I have no objection to waiving the second reading of item 5. I recognize Mr. Cheek for discussion of item number 6. Mr. Cheek: Mr. Mayor, thank you. Item number 6, reversionary zoning was something my neighborhood used as a first in this city, and I do agree there is a definite need for us to provide some type of procedure. Thought the language was there for the reversionary clause, there was no actual process to find. My question is, and it simply could be a yes or a no. PLANNING: 1. Z-02-105 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that the parking plan will conform with the County Tree Ordinance and that no variance to the Tree Ordinance shall be requested; a petition by Saint Ignacious of Antioch Melkite Church requesting a Special Exception for the purpose of expanding an existing church, including day care services per Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property located at 1003 31 Merry Street containing three (3) land parcels totaling .5 acres. (Tax map 45-1 Parcel 136 and 137 and 84) DISTRICT 3 2. Z-02-106 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by McDonald’s Corporation, on behalf of William R. Coleman, Jr., requesting a change of zone from Zone B-1 (Neighborhood Business) and B-2 (General Business) to B-2 (General Business) affecting property located at 2902 Washington Road and containing .93 acres. (Tax Map 12 Parcel 92). DISTRICT 7 3. Z-02-107 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Laney-Walker Development Corporation, on behalf of the City of Augusta, et al, requesting a change of zoning from Zone R-1C (One-family Residential) to Zone B-1 (Neighborhood Business) with a Special Exception for a shopping center having over 15,000 square feet of area per section 21-2 (a) of the Comprehensive Zoning Ordinance for Richmond County affecting property located on Laney-Walker Boulevard and containing multiple parcels totaling 2.2 acres. (A list of addresses is available at the Planning Commission office). DISTRICT 1 4. Deleted from the consent agenda. 5.ZA-R-152 - An request for concurrence with the Augusta- Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County deleting section 22-2 (b) related to adult bookstores, adult entertainment establishments, or adult theatres and adding a new Section 28-C entitled Adult Entertainment. 6.ZA-R-153 – An request for concurrence with the Augusta- Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County amending Section 35 to add language to 35-6 to provide an administrative procedure for implementing reversionary zoning conditions duly imposed by the Governing body. 7. FINAL PLAT – BRECKENRIDGE, SECTION 1-B – S-631-1B – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Southern Partners, Inc, on behalf of Nordahl and Co., Inc., requesting final plat approval of Breckenridge, Section 1-B. This development contains 20 lots and is located on Harper-Franklin Avenue, adjacent to Breckenridge, Section 1-A. 32 8. FINAL PLAT – WALTON ACRES, SECTION IV – S-630 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by James G. Swift & Associates, on behalf of Southern Specialty Development Co., requesting final plat approval for Walton Acres, Section IV. This development contains 48 lots and is located on Mitchell Place, adjacent to Walton Acres, Phase III. PUBLIC SERVICES: 9. Motion to approve Change Order Number 3 in the amount of $43,100 to Continental Construction Company, Inc. for McBean Park Project. (Approved by Public Services Committee September 9, 2002) 10. Motion to approve a request by Malik Karmi for a retail package Beer & Wine license to be used in connection with Delta Travel Center located at 3403 Mike Padgett Hwy. District 8. Super District 10. (Approved by Public Services Committee September 9, 2002 11. Motion to approve a request by Yun Mee Sands for a retail package Beer & Wine license to be used in connection with OK Pantry located at 502 Highland Avenue. District 1. Super District 9. (Approved by Public Services Committee September 9, 2002) 12. Motion to approve a request by Katy Ledford for an on premise consumption Liquor, Beer & Wine license to be used in connection with Mellow Mushroom Pizza located at 1167 Broad Street. There will be Sunday sales. District 1. Super District 9. (Approved by Public Services Committee September 9, 2002) 13. Deleted from consent agenda. 14. Motion to approve the recommendation of the RCSD for a one- year probation of the Alcohol Beverage License held by Ki Kwan Kim used in connection with A’s Convenience Store & Package Shop located at 1857 Gordon Hwy. and that an appropriate Richmond County agent be placed on the license as required by law. District 5. Super District 9. (Approved by Public Services Committee September 9, 2002) 15. Deleted from consent agenda. 16. Deleted from consent agenda. 17. Deleted from consent agenda. 18. Motion to approve Amendment to Augusta-Richmond County Code Section 6-2-5 to provide for alcohol sales in the Augusta Common area. (Approved by Commission September 3, 2002 – second reading) 33 19. Motion to approve renaming the Julian Smith Baseball Field to the Dr. Dan Sullivan Field at Julian Smith. (Approved by Public Services Committee September 9, 2002) ADMINISTRATIVE SERVICES: 20. Motion to approve the reclassification of Maintenance Worker I (grade 38) to Customer Service Clerk I (grade 38) Utilities Department. (Approved by Administrative Services Committee September 9, 2002) PUBLIC SAFETY: 21. Motion to approve a request from the Solicitor’s Office to grants/gifts to Rape Crisis in the amount of $25,000 and Domestic Violence Intervention (Safe Homes) in the amount of $10,500 with funding from the 5% Victims Crime Assistance Fund. (Approved by Public Safety Committee September 9, 2002) 22. Motion to approve TeamIA Contract and Scope of Work for conversion of microfilmed information to digital format for January 1, 1999 to October 31, 1999. (Approved by Public Safety Committee September 9, 2002) 23. Motion to approve a request for a parking variance to permit spaces that would require backing into Sibley Street at new Fire Station #1. (Approved by Public Safety Committee September 9, 2002) FINANCE: 24. Motion to approve GASB 34 Engagement Letter for Compliance for the Augusta Richmond County Audit Report Fiscal Year ending December 31, 2002. (Approved by Finance Committee September 9, 2002) 25. Motion to approve funding for September 10, 2002 General Primary Run-off. (Approved by Finance Committee September 9, 2002) 26. Deleted from consent agenda. 27. Deleted from consent agenda. 28. Deleted from consent agenda. 29. Motion to approve Contract for Services in the development of trade, commerce, industry and employment opportunities in Augusta, Georgia between Augusta and the Development Authority of Richmond County for calendar year 2002 in the amount of $96,500 with agreed deducts (EDA Grant Match & Richmond Va. Field Trip) (Approved by Finance Committee September 9, 2002) 34 ENGINEERING SERVICES: 30. Deleted from consent agenda. PETITIONS & COMMUNICATIONS: 31. Motion to approve the minutes of the Commission’s regular meeting held September 3, 2002. ENGINEERING SERVICES: 39. Approve Capital Project Budget (CPB# 324-05201150420) in the amount of $95,050 to be funded from Special Purpose Local Option Sales Tax (SPLOST) Phase IV for Records Retention Roof Replacement. Also authorize Public Works and Engineering to award a contract to the low bidder, Osborn and Son Construction Management, in the amount of $30,960.00 to install a new standing seam metal roof over the existing roof subject to execution of contract and receipt of proper bonds. 40. Motion to authorize condemnation of a portion of Tax Map 123, Parcel 7.01, which is owned by Barton Investment Co., Inc. for an easement in connection with the I-520 and SR 56 Intersection Improvements Project, more particularly described as 5,597 acre, more or less, of permanent utility easement. 41. Approve a proposal from Greenhorne & Omara, Inc. (G&O) in the amount of $77,053.00 to provide professional services for the Augusta Utilities Department to design sanitary sewer and water lines associated with the Georgia Department of Transportation’s (DOT) Davis Road and I-20/I-520 Interchange Improvements Projects. 42. Approve adoption of the updated Industrial Sewer Use Ordinance that has been reviewed and approved by the Environmental Protection Division of the Georgia Department of Natural Resources. 43. Motion to approve a Resolution requesting a road name change of Lakewood Drive and Lakewood Drive Extension to Lakewood Road. 44. Authorize additional engineering services to Zimmerman, Evans & Leopold in the amount of $285,000 for additional agency consultations, preparation of license application, and stakeholder coordination to support the Augusta Canal licensing effort. 45. Approve contract to purchase a one acre tract for the Butler Creek Greenway. 46. Award contract to Empire Tree and Turf in the amount of $18,730.75, subject to execution of signed contractual documents, for 35 the Tree Removal Project (CPB # 324-06-201160011) funded from the One Cent Sales Tax, Phase IV. 47. Approve a budget amendment to increase both 2002 budget and revenue for the Augusta Richmond County Solid Waste Disposal Facility by $1,040,720. 48. Approve Proposed 2003 LARP Program List. 49. Motion to approve a six-month extension of professional services support with BMS Enterprises, Inc. in an amount not to exceed $70,000 to provide program management support to the Solid Waste Division of the Public Works and Engineering Department. Funding for this extension is from lapsed salaries in this program because of management positions being vacant. 50. Motion to authorize condemnation of a portion of Tax Map 110-4, Parcel 183, which is owned by Stanley M. Seethoff, for a right-of-way in connection with the Windsor Spring Road Improvement Project, Section B, more particularly described as 1,421.77 square feet, more or less, of right-of-way and 4,697.46 square feet, more or less, of temporary construction easement. 51. Motion to approve an Option for Easement between Edward J. Williams, Sr., as owner, and Augusta, Georgia for the following property for a purchase price of $634.00: 400 square feet, more or less, of permanent slope easement and 800.78 square feet, more or less, of temporary construction easement. APPOINTMENT: 54. Consider the Administrator’s recommendation of the appointment of Mr. Phil Wasson as Augusta-Richmond County’s representative on the EMS Region VI Council. 55. Consider the recommendation from the Downtown Development Authority regarding the reappointment of Mr. Sanford Loyd and Ms. Ernestine Howard to a new four-year term. OTHER BUSINESS: 56. Motion to approve the rescheduling of the Commission’s October st 1 regular meeting to Thursday, October 3 due to the Joint Georgia Municipal Association and Association of County Commissioners of Georgia Annual Fall Conference scheduled for September 30 through October 2, 2002. Mr. Colclough votes No on Sunday sales portion. [Item 12] 36 Motion carries 8-0. Motion carries 8-0. [items 1-3, 5-11, 14, 18-25, 29, 31, 39-51, 54-56] 33. Z-02-104 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Restoration Ministries International, on behalf of SouthTrust Bank, requesting a Special Exception for the purpose of establishing church related recreational activities per Section 26-1 (a) and (I) of the Comprehensive Zoning Ordinance for Augusta Richmond County affecting property located on the northwest right-of-way line of Woodlake Road where the centerline of Dayton Street extended intersects the northwest right-of- way line of Woodlake Road and containing approximately 31 acres. (Tax Map 130 Parcel 468.4) DISTRICT 4. Mr. Mayor: We have a request to delete this item from the agenda. (37 objectors noted) 32. Z-02-103 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions: 1) that the school be limited to no more than 10 students and 2) that no additional buildings be added to the property; a petition by Bill Williams, on behalf of Regina Bryant, requesting a Special Exception for the purpose of establishing a private school per Section 26-1(b) of the Comprehensive Zoning Ordinance for Augusta Richmond County affecting property located at 2939 Ulm Road and containing 5.01 acres (Tax Map 151 Parcel 03). DISTRICT 6 (5 objectors noted) (5 supporters noted) Mr. Cheek: I’m going to make a motion that we deny the recommendation of the Planning Commission and deny this application for a special exception. Mr. Kuhlke: I”ll second it to get it on the floor. 37 Mr. Williams: I’m going to make a substitute motion that we approve the application that Planning and Zoning has already approved and that hose stipulations be placed in that. Mr. Kuhlke: I’ll second. (Vote on substitute motion) Mr. Colclough and Mr. Cheek vote No. Mr. Shepard out. Motion fails 5-2. (Vote on original motion) Mr. Boyles, Mr. Williams, Mr. Kuhlke and Mr. Hankerson vote No. Mr. Mays abstains. Mr. Shepard out. Motion fails 2-4-1. Mr. Mays: I move that we table this and consider it again before the meeting is over. Mr. Kuhlke: Second. Mr. Colclough and Mr. Cheek vote No. Mr. Shepard out. Motion fails 5-2. HISTORIC PRESERVATION: 52. Consider appeals request of the 635 Broad Investment Co., LLC regarding the Historic Preservation Commission denial of their request for a Certificate of Appropriateness relative to property located at 631- th 639 Broad Street. (Deferred from the August 20 Committee meeting) Mr. Cheek: I just want to make a motion to approve allowing the demolition and to proceed with the development of this property. Mr. Williams: Second. Mr. Shepard out. Motion carries 7-0. 38 35. Z-02-109 – A request for concurrence with the Augusta Richmond County Planning Commission to deny a petition by George H. Anderson, Jr. on behalf of George H. Anderson Trust, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property located at 1439 and 1441 Twelfth Street and contains .17 acres (Tax Map 59-1 Parcel 428). DISTRICT 2 (15-20 objectors noted) Mr. Williams: I’m going to make it in the form of a motion that we deny this and go on with our other business. Mr. Cheek: Second. Mr. Shepard out. Motion carries 7-0. 4. Z-02-110 – A request for concurrence with the Augusta- Richmond County Planning Commission to approve with the following conditions 1) that the development be limited to 19 lots with no road connection to the remainder of this tract or to adjoining tracts and 2) that the paper section of Whitney Street be improved by the petitioner to county standards from where the pavement ends to the subject parcel a petition by Murray Williams requesting a change of zone from Zone R-3B (Multiple-family Residential) with restrictions to Zone R-1C (One- family Residential) on the northernmost 5.63 acres of a 16.1 acre tract fronting on Walden Drive and Whitney Street Extended. (Tax map 57-3 parcel 9) DISTRICT 5 Mr. Williams: I want to make a substitute motion [sic] that we delay this for two weeks. Mr. Boyles: Second. Motion carries 8-0. 13. Motion to approve recommendation from the RCSD to suspend the Alcohol Beverage License held by Ki Kwan Kim for Jack’s Grocery located at 4630 Mike Padgett Hwy for thirty-days and that the license be placed on probation for the balance of a year; and that an 39 appropriate Richmond County agent (resident) be placed on the license as required by law. District 8. Super District 10. (Approved by Public Services Committee September 9, 2002) Mr. Cheek: I so move. Mr. Colclough: Second. Mr. Boyles and Mr. Hankerson vote No. Motion carries 6-2. 15. Motion to approve the recommendation of the Richmond County Sheriff’s Department for the revocation of the Occupational License held by Thomas Ryan used in connection with Our Place Spa located at 3319 Washington Road for the following violations: Keeping a House of Prostitution District 7. Super District 10. (Approved by Public Services Committee September 9, 2002) Mr. Kuhlke: I move we uphold the Sheriff’s Department recommendation. Mr. Williams: Second. Motion carries 8-0. 17. Motion to approve the recommendation from the Richmond County Sheriff’s Department for the revocation of the Occupational License held by Sun McZorn used in connection with Peach Health Spa located at 2601 Deans Bridge Road for the following violations: Keeping a House of Prostitution District 5. Super District 9. (Approved by Public Services Committee September 9, 2002) Mr. Shepard: I move we sustain the action of the Sheriff’s Department in the committee. Mr. Cheek: Second. Motion carries 8-0. 40 16. Motion to approve the recommendation from the Richmond County Sheriff’s Department for the revocation of the Occupational License held by Richard Eldridge used in connection with Sun Spa located at 2815 Wylds Road for the following violations: Keeping a House of Prostitution. District 3. Super District 10. (Approved by Public Services Committee September 9, 2002) Mr. Kuhlke: I move we approve the recommendation of the Sheriff’s Department. Mr. Shepard: Second. Motion carries 8-0. 26. Motion to authorize staff to proceed with the refunding of Series 1989 and Series 1990 Downtown Development Authority Parking Bonds. (Approved by Finance Committee September 9, 2002) Mr. Shepard: I make the motion that we recommend to the Downtown Development Authority that we proceed with the refunding of these two Series 1989 and 1990 Downtown Development Authority Parking Bonds on the condition that it’s cost effective and that we hold a competition for the investment brokers to bid for the best deal for the City in the refunding process. Mr. Cheek: Second. Motion carries 8-0. ADMINISTRATIVE SERVICES: 36. Consider salary increase request from the District Attorney’s Office. (No recommendation from Administrative Services Committee September 9, 2002) Mr. Kuhlke: I move approval. Mr. Shepard: Second. Mr. Mays out. Motion carries 7-0. 41 34. Z-02-108 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the conditions that 1) the use be limited to office use only and 2) that there will be no on-site storage of materials or parking of vehicles used by the business; a petition by Fred Boeck, on behalf of Josephine Boeck, requesting a change of zone form Zone R-1C (One-family Residential) to Zone P-1 (Professional) affecting property located at 123 Broad Street Extension and containing .2 acres (Tax map 48-3 Parcel 68). DISTRICT 1 Mr. Cheek: I’m going to make a motion to approve. Mr. Shepard: Second. Mr. Mays out. Motion carries 7-0. 27. Motion to approve the acquisition of One (1) F150 Pickup Truck for the Augusta Recreation Department from Bobby Jones Ford of Augusta, Georgia for $16,693.04 (lowest bid offer on Bid 02-154). (Approved by Finance Committee September 9, 2002) 28. Motion to approve the acquisition of Two (2) Work Detail Vans for the Augusta Recreation Department from Bobby Jones Ford of Augusta, Georgia for $24,351.46 each (lowest bid offer on Bid 02-155). (Approved by Finance Committee September 9, 2002) Mr. Shepard: I move approval Mr. Cheek: Second. Mr. Williams votes No. Motion carries 7-1. 30. Motion to approve an Ordinance to amend Augusta Richmond County Code by amending Section 5-2-6; to provide mandatory sewer connection; to provide penalties for failure to comply; to provide an effective date; to repeal conflicting Ordinances; and for other lawful purposes. (Approved by the Commission September 3, 2002 – second reading) 42 Mr. Cheek: I move to approve. Mr. Williams: I second that. Motion carries 8-0. PETITIONS AND COMMUNICATIONS: 53. Motion to approve the pass-through grant award in the amount of $5,000 for Belle Terrace and May Park Community Centers. Mr. Shepard: I so move. Mr. Cheek: Second. Mr. Williams out. Motion carries 7-0. Mr. Wall: I would request that you add one item. It is a Resolution providing for funding the installation of street lights and the annual cost of maintaining and operating said street lights and to provide the funding shall be by a millage levied countywide with a credit for such cost to be applied to the Urban Tax District. Mr. Cheek: I move to add. Mr. Shepard: Second. 57. Status report from the Internal Auditor regarding letters sent to area banks requesting identification of all accounts bearing City identification numbers. (Requested by Commissioner Bobby Hankerson) Mr. Hankerson: I’d like to put in the form of a motion that this information be presented in our next Finance Committee meeting and we need to hear from our Internal Auditor as to why this has not been done. Mr. Shepard: Second. Mr. Kuhlke out. 43 Motion carries 7-0. 58. Legal meeting. ?? Discuss pending litigation and claims. ?? Discuss personnel matters. Mr. Wall: We have not completed the Administrator’s evaluation process because of the time, and I know it’s late and I think we said at the outset that we wanted to have as much involvement as we could. There is a workshop scheduled for Thursday afternoon of this week, and I would like to suggest that we have a called meeting at that time and go into legal session and deal with the Administrator’s evaluation process at that time, either before or after the workshop. Mr. Shepard: I move we go into legal. Mr. Cheek: Second. Mr. Kuhlke out. Motion carries 7-0. [LEGAL SESSION 6:55 – 7:00 P.M.] 59. Motion to approve authorization for the Mayor to execute affidavit of compliance with Georgia's Open Meetings Act. Mr. Shepard: I so move. Mr. Boyles: Second. Mr. Kuhlke out. Motion carries 7-0. 60. Approve compensation for Staff Attorney I. Mr. Wall: I would recommend that we approve the same compensation as the current Attorney I and include moving expenses in the amount of $2,500.00. Mr. Shepard: I so move. 44 Mr. Mays: Second. Mr. Kuhlke out. Motion carries 7-0. Mr. Wall: I would request that you add and approve one additional item. It is to approve the settlement of property damage claim of Augusta Refrigeration Service for their damaged service van for the sum of $12,134.00. Mr. Shepard: I so move. Mr. Mays: Second. Mr. Kuhlke out. Motion carries 7-0. [MEETING ADJOURNED] Nancy J. Morawski Deputy Clerk of Commission 45