HomeMy WebLinkAbout06-01-2004 Regular Meeting
REGULAR MEETING COMMISSION CHAMBER
June 1, 2004
Augusta Richmond County Commission convened at 2:03 p.m., Tuesday, June 1,
2004, the Honorable Bob Young, Mayor, presiding.
PRESENT: Hons. Hankerson, Smith, Colclough, Grantham, Mays, Cheek,
Beard, Williams, Sims and Boyles, members of Augusta Richmond County Commission.
Also Present: Steve Shepard, Attorney; George Kolb, Administrator; Lena
Bonner, Clerk of Commission.
Mr. Mayor: Let’s come to order, please. Would you please stand? We will have
the invocation from the Rev. – Commissioner Marion Williams, and the Pledge of
Allegiance led by Commissioner Barbara Sims.
The Invocation was given by Rev. Marion Williams.
The Pledge of Allegiance was recited.
The Clerk:
RECOGNITION:
Congratulations!!! Commissioners Richard Colclough and Bobby Hankerson was
awarded a “Certificate of Recognition” during the 2004 Association of County
Commissioners of Georgia (ACCG) Annual Meeting held in Chatham County, Ga.
from the Harold F. Holtz Municipal Training Institute for Elected Officials
sponsored by the University of Georgia, Carl Vinson Institute of Government.
The Clerk: Congratulations, Commissioners.
(A round of (A round of applause is given.)
Mr. Hankerson: You’re not going to call us down front?
(Laughter)
Mr. Mayor: You want to make a comment?
(Laughter)
Mr. Mayor: Now is the time for your comment, or forever hold your silence.
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Mr. Hankerson: Well worth the travel, well worth the expense to be educated and
to be certified. I think it’s very, it’s been a very good experience for me, and I know as
well as for the rest of the Commissioners, to receive this honor.
Mr. Colclough: Likewise, Mr. Mayor, I think the training is excellent and I think
we all benefit from it, bring it back here.
Mr. Mayor: Both of you look like you’ve gotten a little grayer since you had the
training. I don’t know if there’s any connection there or not.
(Laughter)
Mr. Colclough: Give me three more months and I’ll even get grayer.
Mr. Cheek: I have a solution for that problem.
Mr. Mayor: Mr. Cheek has a solution.
(Laughter)
Mr. Mayor: The next item, presentation, Madame Clerk.
The Clerk:
PRESENTATIONS:
A. Ms. Jessica C. Kendrick.
RE: Presentation to the Augusta Commission
The Clerk: Ms. Kendrick?
Mr. Mayor: Ms. Kendrick? Good afternoon.
Ms. Kendrick: Good afternoon. Is this on?
Mr. Mayor: Yes. Just speak directly into it, please.
Ms. Kendrick: All right. Thank you. The Hon. Mayor Young, the Hon. Pro Tem
Mays, to the other City Councilmen, my name is Jessica C. Kendrick. I’m the daughter
of Rev. and Mrs. James C. Kendrick. As of August 14, I will begin my first year of
undergraduate study at Wesleyan College for Women in Macon, Georgia. I will be
pursuing a major, a dual major in political science and communications. Today I stand
before you to express my sincerest thanks and gratitude towards Mayor Young and the
City Council representatives. On May 14 at Cross Creek High School, at Senior Class
Honors Day I receive the Mayor’s Award for Outstanding Service in the Community. I
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was quite unaware that someone was watching my actions throughout the community.
Mayor Young, I know that many other students received this award, but I felt that a mere
thank you not was not enough to express the joy that I felt on that day. I felt compelled
to make it a point to come back and say thank you for investing in the furthering of my
education. It is my prayer the return on your investment will yield great dividends in
helping me accomplish my goal of becoming an attorney and eventually a servant of the
people throughout Augusta Richmond County and the state of Georgia area, as you are
serving this community. Thank you again for your time and attention, and most
important, thank you for your investment in my future.
(A round of applause is given.)
Mr. Mayor: Jessica, thank you very much for your time and attention today. For
the benefit of the Commission, through the partnership with Doctors Hospital, for the last
six years we’ve been able to offer a college scholarship through the Mayor’s Community
Service Award to a graduating senior from each one of the ten public high schools in the
county. We’re very pleased to continue that again this year and have people of the
caliber of Ms. Kendrick receive that award and go on and further their education with
some assistance from the City and Doctors Hospital. We appreciate that. Thank you so
much for being here. The partnerships are wonderful. Speaking of partnerships, we’re
going to hear from a great partner of the City next. Madame Clerk?
The Clerk:
PARSONS ENGINEERING
B. Ms. Teresa Crisp, P.E., Project Manager
RE: Status report on Watershed Implementation Project
Mr. Mayor: Teresa, welcome. Glad to have you back with us.
Ms. Crisp: Thank you. If you’ll speak, speak directly into that microphone,
please.
Ms. Crisp: Thank you, Mayor Young and Commissioners for allowing me to
present on behalf of Augusta Utilities on the status of our watershed implementation
project. As you know, it’s been successful and we’re proud of the work that the team has
accomplished to date, and I just want to give you a couple of highlights. First of all, I’ll
give you two pieces of paper. One is your quarterly report that we just summarize for
you what’s going on in the project. The other one is a summary for today of what I’m
going to talk about. You see this graph right here? If you haven’t seen this before, I
want to just talk about this a little bit. What this is, is to document to you the status of the
water quality in Augusta. As you know, EPA reports the quality of the streams in the
United States. And I have color coded it kind of like a traffic light. So if you’ll look at
that, you can see 2002 the status and then 2004, and basically where you see it going
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from red to green, that’s going to be a very positive improvement that you guys, Augusta,
have accomplished. You’ll see like, for instance in 2002 Butler Creek was listed on the
303D list for not meeting water quality standards for dissolved oxygen and now it is
meeting. So you’ll see. Some of that is because of better monitoring data, and some of it
is because of some of the actions that you guys have taken. One thing that we’re doing, as
you know, is the watershed protection plan. And that is to document all the activities that
Augusta is doing as a whole, not just the public works and planning commission, to
protect the streams in Augusta, and we are looking in the summer to submitting that to
EPD, and then I want to concentrate today a little bit on the public involvement. You’ll
see these posters here. This one deals mostly with the public involvement task, but I want
to give you a little bit of highlights. One step, we have now through this project reached
1,500 elementary school children, the River Rangers, and if you recall, that coloring book
and stickers, we take posters and we do an hour-long presentation to the children about
how their drinking water is treated. We have also reached 1,500, approximately 1,500
people with the envira-scape model. This model right here, that shows how runoff from
rainfall can pollute our streams. And we are starting to place storm drain ID’s. We’re
looking for partnerships of placing storm drain ID’s. We’ve place 250 of those. And
once again, that’s the student that designed – we selected and she designed that fish. And
we’re placing those at the curb inlets, and you’ve probably seen those on Greene Street
already. And today we submitted for a public education award, GWPCA, but the thing I
really want to highlight is the water career presentations. In case you did not, in case
you’re not aware, Augusta Utilities went to every single high school in Augusta
Richmond County and presented on Earth Day for water career options, and so we had a
long presentation, we had a video, and 30 volunteers – most of them were Augusta staff
members – they were either maintenance crews, plant operators, plant engineers, finance
managers that went out into the schools and presented about their career in Augusta to
protect water. So it ranged from going straight out of school to getting a Ph.D., so we
were quite proud of the success of that program and have received very positive
feedback. And one more thing that we’re doing, and I know you guys are in a hurry for
me to sit down, one more thing is that this summer we are actually having – the Corps of
Engineers is going to come. Their planners associates, which is the top planners across
the country, are going to come to Augusta to learn lessons about watershed management
approaches. So I know Teresa Smith, and of course Max Hicks and his group, as well as
Mayor Young are quite pleased with that, have arranged for them to come, and we are
going to participate in that. Finally, on the back of this sheet – of course I don’t have it –
I want you to look at the quotes. And there is a quote on there, in particular – well, we
have several quotes but I have summarized just a couple of keys ones on here for you.
But the one I want you to read is from the – the one I want you to look at is Larry Prather,
he’s assistant director of civil works for all the Corps of Engineers. And I want you to
read what he has said about Augusta’s educational program that the Utility Department is
organizing. One – I’m just going to read a small portion of it – he says “I’m part of a 229
year old organization that is learning valuable lessons from Augusta and her people, a
unique and vital lesson in the need to educate young people on the importance of
watershed thinking and using our water resources responsibly. Augusta’s watershed
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education program should be replicated throughout the nation to ensure the long term
wise use of our water.” So you should be commended, as well as the Utilities
Department. That’s all.
(A round of applause is given.)
Mr. Mayor Pro Tem: Thank you for continuing to do such a great job. Are there
any questions from any of the Commissioners?
Mr. Hicks: I did want to make one comment. Teresa’s modest, but the, the
presentation of the posters one the Parsons internal competition, so hers were the best in
Parsons and she won $500 with it. So she can be proud of those. She did good
representing Augusta to all of Parsons throughout the U.S.
Mr. Mayor Pro Tem: That’s great. Commissioner Cheek and then Commissioner
Colclough.
Mr. Cheek: Thank you, Mr. Mayor Pro Tem. First I wanted to thank the Parsons
team for the excellent job they have done informing the public of the water programs and
really doing an excellent job of educating the public. I have the benefit of having a lot of
my coworkers bring me similar literature from their cities across the South and I can say
without reservation that ours is the best because of y’all.
Ms. Crisp: Thank you.
Mr. Cheek: I also wanted to remind the Commission that while watershed
assessment is very important, storm water management and runoff is going to be more
and more stringent in the future, and that this city will eventually have to adopt a storm
water management plan that will include some type of storm water utility. There’s
nothing in the budget to cover that. We’ll have to discover a funding source, but
pollution of streams by runoff is a serious problem for the nation and for the state EPD
that we are going to eventually have to address. We currently don’t have a funding
source. We will have to cross this bridge, like Columbia County did, sooner or later. But
thank you for your diligence.
Ms. Crisp: You’re welcome.
Mr. Colclough: I would also like to thank Teresa and her group. She’s been here
in Augusta for a number of years now. She started back when we didn’t even have a
watershed assessment program. She came in, she led the charge, she started off walking
in the swamps with boots on, so I just want to thank you and Parsons and the whole team
and Max’s team for doing a bang-up job here in Augusta and we’re proud of you and
proud of the job that you’ve done in Augusta.
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Ms. Crisp: Thank you.
Mr. Colclough: Thank you again.
Ms. Crisp: Thank you.
Mr. Mayor Pro Tem:the Chair
Thank you so much. The Mayor is back, but
will entertain a motion that we not only receive this presentation as information, but
that the Commission go on record as congratulating this partnership for the
continued great job they are doing.
Mr. Colclough: So move.
Mr. Cheek: Second.
Mr. Mayor Pro Tem: Motion and a second. Any further discussion? If not, all
will vote by the usual sign.
Motion carries 10-0.
Mr. Mayor: The next item, Madame Clerk.
The Clerk:
DELEGATION:
Five (5) minute time limit per delegation
C. Mr. Brian Green
RE: Disorder and living conditions within our public housing areas.
Mr. Mayor: Brian, welcome back. Give us your name and address for the record,
and then you have five minutes.
Mr. Green: Brian Green, 2515 Center West Parkway, Augusta, Georgia. Mr.
Mayor, Pro Tem, Commissioners, I am here today once again to talk to you about a
problem that I’ve been down here before on. And I’m getting a little frustrated because
I’m not receiving good response to this problem concerning housing, public housing.
The long and short of it is, and you’ll see that in your letter, Mr. Mayor, the long and
short of it is we do have an ongoing problem with our public housing. Crime, drugs, who
knows? Maybe a little bit of prostitution. Things like that. I don’t know. You can say
this is hearsay. Drug addicts. Numbers, just a number of high school and middle
[inaudible] dropouts, also. And what disturbs me most is this is allowed to just manifest
and manifest and manifest to the point of just exploding one day with violence.
Unfortunately, the housing area has a negative stereotype. People generally refer to it as
the projects or the ghetto. Why is it that way? Number one, it’s because the people,
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some of the people, not all, that live there that contribute to this filth and decline or
degradation of the community. Number two, it’s because leaders, people who are in the
position to help people. What is becoming very frustrating to me is the letters that I’m
sending out about this problem, and Mr. Mayor, with all due respect I’ve contacted your
office four times. This is probably my third or fourth time before the Commission. I’ve
talked about gang activity. Now we have gang activity and nobody seems to notice. I’m
talking about housing problems and as I got up the chain of command, I guess you can
say, people were saying hmm, I didn’t know that was a problem. But people do know.
So now I’ve come to the conclusion that if people don’t want to help me, it’s because of
one of two reasons. Either they’re afraid or they just don’t care. And if there is a public
official that feels that way, it’s fine with me. I just would like that person to tell the
community that on public broadcast that no, I just don’t care or I’m afraid. And
gentlemen, it may come across as a little abrasive, and ladies, but I don’t mean to be that
way, but that’s the way it is right now because I’m not receiving help on this problem. If
I have to, I’m going to go as high as I can. Another disappointing thing to me is I’m told
it’s the Sheriff’s problem. Well, the Sheriff’s Department is looking into it and they are
going to take necessary actions and I appreciate their attentiveness to this. But we can’t
all put it on law enforcement. They respond when we call them. It’s about leadership,
it’s about what kind of moves are we making, and what I’d like to see, and the same thing
I’m going to tell the Housing Authority when I have that opportunity very soon, is that
we need to look at how we handle housing, how we place people in housing, and there is
a problem. And I’d be willing to challenge anybody in this room today and they may be
aware of it. When we’re looking for a house, why don’t we look at Underwood Homes
or Gilbert Manor to move our family into? Because we know the condition of it. And –
am I close to my time?
Mr. Mayor: About one minute left.
Mr. Green: Well, once again I think that we’re aware of the problem. I’m down
here to ask the Commission for help, but I will tell you that I’m willing to go as high as
possible. I haven’t called together media outlet and spoken about names and all this at
this point. And I haven’t gone – I thought I’ve been very professional in my approach to
this problem, but I’m having doors closed in my face and people tell me that they’re not
aware of this problem. But they never move into these areas. And you’re receiving zero
assistance from HUD, and I’ve called Atlanta and they’ve told me that HUD is under our
authority. And it just bewilders me that no one has just picked up the phone and said
HUD, we have a problem down here, one of our constituents, we need you to handle it.
So I close by saying, gentlemen and ladies, I’d like some assistance on this problem. I
will contact you again, Mr. Mayor, and all Commissioners. This is widespread. It’s not
just Underwood Homes. It’s pretty spread out through Augusta. And I think, finally, if
we do get the housing area in place, that the whole community will come in place as well.
Thank you once again.
Mr. Mayor: Thank you. Any comments?
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Mr. Hankerson: Mr. Mayor?
Mr. Mayor: Mr. Hankerson?
Mr. Hankerson: Brian, you are right, you’ve been down here several times. What
is it that you want us to do?
Mr. Green: One thing –
Mr. Hankerson: In ten words or less.
Mr. Green: Give me help. Three words.
Mr. Hankerson: Okay, if you want us to give you help, that problem that you’re
talking about, it’s been existing for years and years, and the best step forward is in the
community that this is going on in – I invite you to go out to Barton Village and meet
with Weed & Seed out there and those people, the people in that community where I once
lived and fought against the same thing that you are talking about, that you have to take
that leadership in developing and organizing people in that community to be watchmen
over their own community. When you do that, you are eyes for the Sheriff’s Department
and for all the unwanted activities that are going on. You don’t, you don’t need money to
do it, you need people in the community to join in with you, as organized method. And
get them to join in with the neighborhood association or neighborhood alliance that meets
every first Saturday and get them organized as neighborhood associations. There may
not be but five people, but five people, sometime three people for ten years ago made a
difference in Barton Village. Even down to one person. And I think that’s the answer to
the problem that exists there. The Sheriff’s Department, they come in and assist and
help, but that’s a 24/7 problem that you’re talking about and I do sense what you’re
saying, but I think that the major step is not here with the Commissioners, because we
sense that there is a problem, we have, we make calls to law enforcement and
communities and there are numbers that people can call that live in the communities, so I
think we need to educate the people in the community, just go ahead and spearhead that
in that particular community area that you’re talking about. You know, I hear what
you’re saying.
Mr. Green: Mr. Mayor, can I respond to Mr. Hankerson?
Mr. Mayor: Briefly.
Mr. Green: That is an answer, I understand that’s your answer. There are still
activities, if you will, in Barton Village, south Augusta, west Augusta and east Augusta.
I was here to ask for help because I’m not receiving it at the HUD area. I’m not
interested in community meetings and neighborhood associations, with all due respect.
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This problem is going to be widespread, especially when you hear about some of the
things that are going on, with all due respect.
Mr. Mayor: All right, anyone else? All right, thank you very much for coming.
Ms. Beard: I have something I want to say.
Mr. Mayor: I’m sorry?
Ms. Beard: May I speak?
Mr. Mayor: Yes.
Ms. Beard: I just want to say this is something that I’m interested in, too. Last
week we were talking about the jails, to do jails, that we need to build. And I’m saying
this can’t continue. Somebody’s got to come up with something. And it could be we
need to begin with you. But if you can bring something to us, and Mr. Mayor, you stated
to me it would have to come not through SPLOST but through another source here. But
let’s get together and work on it, because we need to make a difference.
Mr. Green: Mr. Mayor, may I say something to Ms. Beard?
Mr. Mayor: She didn’t ask you a question so it doesn’t require an answer.
Anything further?
Ms. Beard: But we’ll get together.
Mr. Mayor: All right, Madame clerk, let’s move along with the consent agenda,
then, if we may.
The Clerk: The consent agenda consists of items 1 through 24, items 1
through 24.
Mr. Mayor: Could we add item 27 to that? Is there any objection to adding 27 to
the consent agenda?
Mr. Boyles: Mr. Mayor, are we far enough along with the Attorney that we could
add item 29, also, to the consent?
Mr. Mayor: Is there anybody that wants to have discussion on item 29?
Mr. Shepard: I think I probably would, Mr. Mayor.
Mr. Mayor: You would?
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Mr. Boyles: You would, Mr. Shepard?
Mr. Shepard: Yes. I can do it in legal if you’d like.
Mr. Boyles: We can do it out here. There’s no problem. We had gone over that
and –
Mr. Mayor: We’ll hold off on 29, then. All right, Madame Clerk, do you have
the licenses and zoning, etcetera?
The Clerk: For the benefit of any objectors to our alcohol petitions, when the
petitions are read, if there are objections, would you please signify your objection by
raising your hand?
PUBLIC SERVICES:
3. Motion to approve a request by Sandi Watkins for a one day special events
Beer License to be used in connection with Vic’s Annual Block Party located in the
500 block of Ellis St. District 2. Super District Block Party located in the 500 block
of Ellis St. District 1. Super District 9. (Approved by Public Services Committee
May 24, 2004)
4. Motion to approve a request by George Harrison for a Sunday Sales License
to be used in connection with The Boll Weevil Café & Sweetery located at #10 Ninth
Street. There will be Sunday Sales. District 1. Super District 9. (Approved by Public
Services Committee May 24, 2004)
5. Motion to approve a request by Harold Cook for a retail package Beer &
Wine License to be used in connection with C & M Grocery located at 619 East
Boundary. District 1. Super District 9. (Approved by Public Services Committee
May 24, 2004)
6. Motion to approve a request by John Eang for a retail package Beer & Wine
License to be used in connection with Circle J. located at 3020 Tobacco Rd. District
8. Super District 10. (Approved by Public Services Committee May 24, 2004)
7. Motion to approve a request by Donald R. Wooldridge for a retail
package Beer & Wine License to be used in connection with Bi-Rite Food Store
located at 5258 Mike Padgett Hwy. District 8. Super District 10. (Approved by
Public Services Committee May 24, 2004)
The Clerk: We have two items under our planning, under the consent:
PLANNING:
23. ZA-R-164 – A request for concurrence with the Augusta-Richmond County
Planning Commission to approve an amendment to Section 8 of the Comprehensive
Zoning Ordinance of Augusta-Richmond County to provide for sales trailers to be
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placed in new subdivisions by Special Exception subject to certain regulations.
(Approved by the Commission May 18, 2004 –second reading)
24. SA-40 – A request for concurrence with the Augusta-Richmond County
Planning Commission to approve an amendment to Section 402 E of the Subdivision
Regulations for Augusta-Richmond County pertaining to street signs, and Section
405 F pertaining to construction standards for private streets. (Approved by the
Commission May 18, 2004 –second reading)
The Clerk: Are there any objections to those petitions?
Mr. Mayor: No objectors are noted. Commissioner Cheek? Want to add another
item to the consent agenda?
Mr. Cheek:Add item 31 and instead of using Monday
Yes, sir, Mr. Mayor.
st
prior to election day, have it Wednesday, the 21, after the – the day after the
election.
I have another item to add to a –
st
The Clerk: The 21?
Mr. Cheek: Right. To add for discussion today and perhaps for adoption –
Mr. Mayor: We’ll get to that.
Mr. Cheek: Okay.
Mr. Mayor: Any other items you want to add to the consent agenda from the
regular agenda? I think all the rest of them need some discussion.
Mr. Boyles: We’re changing the date on number 31?
Mr. Mayor: The motion is to add that with the date change to Wednesday, the
st
21, so the meeting would be the day after the election rather than the day before the
election. Is there a motion with respect to the consent agenda?
Mr. Colclough: I so move.
Mr. Hankerson: Second.
Mr. Mayor: We have a motion and a second. Mr. Shepard?
Mr. Shepard: Is the addendum agenda –
Mr. Mayor: We haven’t gotten to the addendum agenda yet.
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Mr. Shepard: I was going to request that it be added and approved, if we could.
It’s the last step in the process.
Mr. Mayor: [inaudible] Ladies, gentlemen, do you have any items you’d like to
pull from the consent agenda?
Mr. Cheek: Item 13, please.
Mr. Mayor: Number 13 for Mr. Cheek. Okay. Anyone else?
Mr. Williams: Mr. Mayor, I need some clarification on item 23 and I guess 20.
Mr. Mayor: 23 and 20?
Mr. Williams: Yes. Clarification.
Mr. Mayor: All right, anyone else?
Mr. Mays: Item number 12, Mr. Mayor, for the purpose of just identifying the
funding source.
Mr. Mayor: All right. Any others? All right, we have requests to pull items 12,
13, 20 and 23, and we’ve added to the consent agenda items 27 and 31 in the motion.
Any discussion?
PUBLIC SERVICES:
1. Motion to approve a thirty (30) cents taxicab rate increase. (Approved by
Public Services Committee May 24, 2004)
2. Motion to approve one year renewal July 1, 2004 to June 30, 2005 of the
Governmental Lease Agreement between Augusta, Ga. and the Department of Navy
regarding the Naval & Marine Corps Reserve Center on Central Ave. (Approved by
Public Services Committee May 24, 2004)
3. Motion to approve a request by Sandi Watkins for a one day special events
Beer License to be used in connection with Vic’s Annual Block Party located in the
500 block of Ellis St. District 1. Super District 9. (Approved by Public Services
Committee May 24, 2004)
4. Motion to approve a request by George Harrison for a Sunday Sales License
to be used in connection with The Boll Weevil Café & Sweetery located at #10 Ninth
Street. There will be Sunday Sales. District 1. Super District 9. (Approved by Public
Services Committee May 24, 2004)
5. Motion to approve a request by Harold Cook for a retail package Beer &
Wine License to be used in connection with C & M Grocery located at 619 East
Boundary. District 1. Super District 9. (Approved by Public Services Committee
May 24, 2004)
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6. Motion to approve a request by John Eang for a retail package Beer & Wine
License to be used in connection with Circle J. located at 3020 Tobacco Rd. District
8. Super District 10. (Approved by Public Services Committee May 24, 2004)
7. Motion to approve a request by Donald R. Wooldridge for a retail package
Beer & Wine License to be used in connection with Bi-Rite Food Store located at
5258 Mike Padgett Hwy. District 8. Super District 10. (Approved by Public Services
Committee May 24, 2004)
8. Motion to approve bid item 04-079, color coating of Tennis Courts at
Newman Tennis Center, to Hasley Recreation and Design in the amount of $21,168.
(Approved by Public Services Committee May 24, 2004)
ADMINISTRATIVE SERVICES:
9. Motion to approve award of 2004 HOPWA Funds to St. Stephens, Ministry
Inc. $100,000 and Aiken Housing Authority $35,000. (Approved by Administrative
Services Committee May 24, 2004)
10. Motion to approve an Ordinance providing for the demolition of certain
unsafe and uninhabitable properties in the Bethlehem Neighborhood: 1129 Camille
Street, 1548 Chestnut Street, 1617 Chestnut Street, 1125 Davis Street, 1415 Maple
Street, 1428 Maple Street, 1724 Savannah Road, (District 2, Super District 9); AND
WAIVE 2ND READING. (Approved by Administrative Services Committee May
24, 2004)
PUBLIC SAFETY:
11. Motion to approve placing the federal grant from the Georgia Emergency
Management Agency (GEMA) in the amount of $13,271.00 into an account for the
Emergency Management Agency to be used in conjunction with LEOP (Local
Emergency Operation Plan) expenditures for completion of the LEOP. (Approved
by Public Safety Committee May 24, 2004)
FINANCE:
12. Deleted from the consent agenda.
13. Deleted from the consent agenda.
ENGINEERING SERVICES:
14. Motion to approve funding in the amount of $75,000 for additional upgrades
to the waterlines in conjunction with the Georgia DOT’s Hwy 1 intersection
improvement project. (Approved by Engineering Services Committee May 24, 2004)
15. Motion to authorize an increase in funding approved for critical repairs to
the JLEC at 401 Walton Way from $631,983.36 to $735,000 and add replacement of
the lobby glazing to the scope of work to be performed under the contract with
Commercial Roof Management as Administered by the Public Works and
Engineering Department. Also approve reprogramming of $80,082 from the Phinizy
Road Lighting Protection System allocation from SPLOST Phase IV to the JLEC
Roofing and Waterproofing project to fund additional capital improvements and
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amend Capital Project Budget (CPB#324-05-201150430) from $500,000.00 to
$580,082., Finally, amend Capital Project Budget (CPB# 324-05-201150410-Phinizy
Road Lighting Protection System) from $250,000 to $169,918. (Approved by
Engineering Services Committee May 24, 2004)
16. Motion to approve the execution of Outdoor Lighting Service Agreements
with Georgia Power to provide lighting upgrade, repair and maintenance at the J.
B. Messerly and Spirit Creek Water Pollution Control Plants(Approved by
Engineering Services Committee May 24, 2004)
17. Motion to approve contract to purchase approximately 65 acres for the
Butler Creek-Greenbelt and expenditure of Greenspace funds for said purpose.
(Approved by Engineering Services Committee May 24, 2004)
18. Motion to approve change Order number seven with Mabus Brothers
Construction in the amount of $15,291.81 on the Stevens Creek Road Improvement
Project (CPB#323-04-296823235) funded from The Project Construction Account.
(Approved by Engineering Services Committee May 24, 2004)
19. Motion to accept deed of dedication for Greenspace Property on Rock Creek.
(Approved by Engineering Services Committee May 24, 2004)
20. Deleted from the consent agenda.
PETITIONS AND COMMUNICATIONS:
21. Motion to approve the minutes of the regular meeting of the Commission
held May 18, 2004.
APPOINTMENT:
22. Motion to approve the reappointment of Mr. James B. Norris to the Board of
Tax Assessors representing District 10.
PLANNING:
23. Deleted from the consent agenda.
24. SA-40 – A request for concurrence with the Augusta-Richmond County
Planning Commission to approve an amendment to Section 402 E of the Subdivision
Regulations for Augusta-Richmond County pertaining to street signs, and Section
405 F pertaining to construction standards for private streets. (Approved by the
Commission May 18, 2004 – second reading)
27. Motion to approve an agreement with Georgia Department of Family and
Children services to provide training and work experience for TANF program
participants.
31. Consider the rescheduling of the July 20th (Election Day) regular
Commission meeting to Monday July 19, 2004.
Mr. Mayor: All in favor then of approving the consent agenda, please vote in the
affirmative.
Motion carries 10-0. [Items 1-11, 14-19, 21-22, 24, 27, 31]
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Mr. Mayor: If we can skip over to the regular agenda, we’ve got some people
here for a couple of these items, so if we can move to those first, then we’ll get back to
the items in order. Item number 25, Madame Clerk.
The Clerk:
PUBLIC SERVICES:
25. New Ownership: A. N. 04-25: A request by J. Lee Jackson for a Wholesale
Beer License to be used in connection with Beverage South, LLC located at 1815
Wilkinson Rd.. District 6. Super District 10. (No Recommendation from Public
Services Committee May 25, 2004 )
Mr. Mayor: Okay. Mr. Sherman?
Mr. Sherman: Mr. Jackson is not here. His agent and general manager is here,
Mr. Herman. The Sheriff’s Department and License Department have reviewed the
application and recommend that it be approved.
Mr. Mayor: Questions?
Mr. Boyles: Mr. Mayor?
Mr. Mayor: Yes?
Mr. Boyles: This is a wholesale company and not a retail outlet; am I correct?
Mr. Sherman: That’s correct.
Mr. Granthan: A motion to approve.
Mr. Mays: Second.
Mr. Mayor: Motion and second. Discussion? All in favor then please vote with
the usual sign.
Motion carries 10-0.
Mr. Mayor: And then we’ve got some people here for item number 29. We can
take that one up, Madame Clerk.
The Clerk:
ATTORNEY:
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29. Motion to adopt a “Contractor and Private Building Inspector registration
Ordinance” with an effective date of January 1, 2005. (Deferred from the May 10th
Committee Meeting)
Mr. Mayor: Mr. Sherman?
Mr. Sherman: Yes. This is a recommendation from the construction advisory
board. The recommendation is, what was presented to you, I guess at a committee
meeting, what that will do is amend our existing regulations for registering contractors. It
will provide minimum qualifications, it will provide a formal process for a property
owner to file a complaint against a contractor. It will -- anyone can become a contractor,
it doesn’t exclude anyone, it just says that you -- it provides the person that’s applying for
the license have some experience in the construction field, or education. Just some
knowledge of what he’s about to get into. As far as the fees go, the additional fees are --
the proposal is that all contractors carry workman’s comp. As it is, the state law requires
that if you have more than two employees you’re required to carry workman’s
compensation. What’s proposed is that any contractor carry it, with the idea being that if
a contractor, say he has only one employee and he’s a roofer and he’s on your house and
the, the laborer falls off your house and gets hurt, if there is no workman’s comp then the
homeowner can be responsible. The additional charge there. And this is just, I guess,
some rough numbers and we’re just asking a local insurance company, a company would
be required to provide or put on deposit with an insurance company a minimum of $750.
The actually cost of your workman’s comp policy depends on the number of employees
you have on your payroll. The, the, the qualifications, again, it’s just that you can take a
test that shows you have some aptitude for construction. You can have -- if you’re
presently working for a contractor and he provides a letter just certifying that you are
knowledgeable in the construction field, that works. If you go to a technical school and
have some education in construction, that qualifies you as well. If you’re an existing
contractor, you can be grandfathered in until the year 2005 and 2006 by just
demonstrating or showing to the License & Inspection Department that you’ve completed
three successful projects over the past two years. It’s the same ordinance that Columbia
County is using. Actually, ours is based on that. It has been amended to include our
regulations, and in addition, one more thing -- in addition to requiring to have workman’s
comp [inaudible], you are required to have a bond and liability insurance. That stays the
same except the amount is increased. If you provide $1,000 surety bond as it is today,
they go up varying amounts that you have to provide, depending on the type of contractor
you propose to be. But it goes up from $100 for a $1000 bond, to -- a $20,000 surety
bond is $200. So it will go up $100. The public liability insurance, that’s going to -- you
already have that if you’re a contractor, regardless of the number of employees you have.
So that’s what is proposed. The state has adopted an ordinance. The Governor has
signed it. It is not effective for two years. This is something that the Construction Board
has been working on for the past probably two years, along with Columbia County.
Columbia County was ahead of the Richmond County Construction Board. Once they
16
got theirs approved and basically did the work on it, then we took their ordinance and
amended it, as I said, just to present it to you for your consideration.
Mr. Cheek: I move to approve.
Ms. Sims: Second.
Mr. Mayor: We have a motion and a second to approve. Mr. Shepard, you
wanted to be heard?
Mr. Shepard: I did, and I didn’t want to educate any adversaries. I would like to
just make my comments in legal about potential litigation that I can foresee in the matter.
I can put it out here on the record but I’d rather just advise you in legal about one
particular concern I have. And here again, if I put it on the record today, I’ll educate, I’ll
educate potential adversaries.
Mr. Mayor: You don’t think they’re as smart as you are to figure it out?
Mr. Shepard: Well, sometimes, you know, it’s not a matter of smartness.
Sometimes it’s a matter of good information. And [inaudible] information. So I can --
Mr. Mayor: You would recommend that we table this [inaudible] for the benefit -
-
Mr. Shepard: I’m not opposed to -- I would just like to brief you on a couple of
consequences that I see unfolding as a result of this. So my recommendation would be to
table it and let me brief you on a couple of legal issues and then you can vote your
conscience.
Mr. Mays: I so move to table.
Mr. Williams: Second.
Mr. Mayor: We have a motion to table. Motion to table is non-debatable, so
we’ll move on with the motion, the vote on the motion to table. All in favor of the
motion to table, please vote with the usual sign.
Mr. Sherman: Mayor, could I add one more comment once you complete this?
Mr. Grantham and Ms. Sims vote No.
Motion carries 8-2.
Mr. Sherman: The other comment that I needed to add is that the effective date
needs to be not January 1, but it needs to be by July 1 of this year. The state law, the way
17
that it’s written, the way I understand it, is that any local government, to have in effect
their own registration ordinance, it has to be in effect by July 1. July 1 to be
grandfathered in.
Mr. Mayor: Thank you, Rob. We’ll consider this further in legal, then. And then
come back out and dispose of it. All right, let’s, if we can, Madame Clerk, we’ll move to
the consent agenda, and we’ll start with item number 12.
The Clerk:
12. Motion to approve $10,000 appropriation from the Promotion Account to
Main Street Augusta regarding MSA Initiative Branding Augusta’s Central Business
District. (Approved by Finance Committee May 24, 2004)
Mr. Mayor: Mr. Mays?
Mr. Mays: Mr. Mayor, I sat in on Finance the other day when the presentation
was made. Mr. Toole and the young lady, and I didn’t pull really to object to it. There
were two to three items suggested as to where we were going to take the money from.
And I noticed in the backup that it did not give -- and maybe I missed something without
my 250’s, but I was trying to see -- I thought we had said we were looking at the
possibilities of dealing with it out of promotional account and doing that, and I see just
the general fund one listed. And while I think we had a ruling that would not [inaudible]
general fund per se, I’m just wondering if from Finance or from Administration, whether
there was something that changed or where is actually the source that it’s coming from.
Mr. Mayor: Mr. Kolb, can you respond to that?
Mr. Kolb: Mr. Mayor, members of the Commission, we had discussed in your
meeting it would come out of either the Commission’s promotion account or the Mayor’s
promotion account or a combination thereof. In your backup, behind the promotional
material --
The Clerk: Item 12.
Mr. Kolb: -- item 12 -- the last page does show a budget account, where it
potentially could come out of. It’s really up to the Commission how you want to handle
it. You can take it out of those two accounts, one of those accounts, you could take it out
of contingency, or recommend some other source of funding.
Mr. Mayor: Yes, Mr. Grantham?
Mr. Grantham:
Mr. Mayor, Mr. Kolb is correct in the comments about the
discussion about where this would come from, but it was my understanding, being on the
18
Finance Committee, that we would ask for it to come out of the Mayor’s account, and
I’m going to make a motion that we
that was the final agreement we had that day, and
approve this item with the funds coming from the Mayor’s Account.
Mr. Williams: Second.
Mr. Mayor: Has the Mayor got $10,000 somewhere?
Mr. Grantham: I think you can find it.
(Laughter)
Mr. Mayor: You mean the Promotion Account?
Mr. Grantham: Yes, sir.
Mr. Mayor: That’s not the Mayor’s Promotion, it’s just the Promotion Account.
That’s a different item than the Mayor’s budget.
Mr. Kolb: That’s correct. And that’s one of the accounts we had recommended.
Mr. Mayor: That’s not the Mayor’s [inaudible].
Mr. Grantham: The discussion was the Mayor’s Promotion Account [inaudible],
if you don’t have one, then we’ve been misled. [inaudible]
Mr. Mayor: No, there is something called a promotion account, which we have to
come before the Commission and get authority to spend money out of. It’s not the
Mayor’s promotion, it’s the whole city. Mr. Williams?
Mr. Williams: Thank you, Mr. Mayor. Thank Mayor Pro Tem for pulling this,
and I was a little concerned. I asked a question about it earlier. If it had not been pulled
and we approved it then the money would have came out of some account and we
wouldn’t know where it come from and that would have disturbed me more than where
it’s going come from. I’m not opposed to it, but I would like to have known beforehand
if it’s going to come out of one account or another and where it’s going to leave that
account at. This is serious business and, and, and we was informed that there was a
promotional account. Don, you’re right. And if we was mis-formed, then, you know, we
need to address that, too, I guess, but I’m just concerned about had we passed it and not
known where it came out of, and didn’t know what the balance was, so if there is not a
Mayor’s promotion account, Don, I second your motion that we get it out of promotion
account. I’d like to know, if not today, where, what balance that going leave us. Here we
are mid-year now so --
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Mr. Boyles: It’s on the back page.
Mr. Williams: Well, if it’s on the back page, Mr. Boyles, if that’s where it’s
coming out of, but before we discuss this, it could have came from several other places.
[inaudible] misleading, would not have been correct. So now if it is correct, if it’s
coming out of the regular promotion or coming out of the Mayor’s promotion or is it
coming out the back room? I just need to know what the balance would be, if that’s
where it’s coming from and if that’s a true balance, I need somebody to say that.
Mr. Mayor: Mr. Hankerson?
Mr. Hankerson: Yes, sir. Since it’s being pulled -- my question in committee
meting whether or not we should go forward with this anyway before we have our
Finance Committee meeting on June 2 to see where we are, but we chose to go ahead and
find the $10,000 in one of the account. The promotional account, whether it’s the Mayor
or whoever it is, the promotional account has $25,000 in it. So we take $10,000, that’s
going to leave $15,000. Our contingency has $400,000. And you have another
contingency, has $7,000. So we’ve got a choice of where you going to take it from. And
what you got left. And I’m concerned if you take the $10,000 from the promotional
account, that leaves $15,000. Is that enough for us to operate in promotional, whatever
we have? Whatever we use it for for the rest of the year, the next six months? That’s
something to be considered.
Mr. Mayor: Mr. Kolb?
Mr. Kolb: Mr. Mayor, members of the Commission, in, in the, in the backup,
what we used to commonly call the Mayor’s promotion account, which is called the
promotion account, and you do control it -- normally the Mayor makes the
recommendation -- there is a balance of $25,000 in it. I would recommend, since you
don’t have to pass resolutions for moving money around out of contingency and so forth
that you charge the $10,000 to this account. If in the future, down the road, you need
more money from this account, you can always go back and appropriate out of your
contingency back into this account to cover those funds. So while the money is there and
appropriated, I would recommend that you use it.
Mr. Mayor: We have a motion from Mr. Grantham to take it out of the promotion
account
Ms. Sims: I second it.
Mr. Mayor: Ms. Beard, did you have something you wanted to say?
Ms. Beard: No, I was going to second, but it has been seconded.
20
Mr. Mayor: Any further discussion? All in favor of the motion --
Mr. Mays: Mr. Mayor?
Mr. Mayor: Excuse me.
Mr. Mays: Yeah, and I’m going to vote for it, too. But I did want to make two
things clear. One, that I wanted to make sure we knew where we were taking the money
from, cause it says to approve, and even though we had the options and I think that the
Administrator is correct, that is if we’re going to deal with that, that that’s where
[inaudible]. But I would hope and I think that, that the persons making the presentation,
one that I knew, one that I didn’t, but one has been a very good supporter of this
community, both at home and away from home, but I would encourage them to, to, to
encourage their working partners, because if this is going to be a promotional account
situation, I think that we need to, to work with them, they need to work with us, but also
they need to tell their partners, because they mentioned some working partners in there
the other day and I’m not going to rain on that parade cause I think they’re headed in the
right direction. But I, I saw something that was promoted very recently that a lot of us
spent a lot of time on in this community, and that was in terms of dealing with, with the
Chamber and the 2020 Project. And while I think it’s great to plan for the future, I still
think the strength of our community rests within our people, rests within the diversity of
people. We are military, we are civilian, we are retired, we are actively working, we
make up many different backgrounds -- be it in education, be it medicine, nuclear energy,
workforce, Mr. Mayor, in so many places. But I’ll cut this very short to say this. They
mentioned working with these groups, and I would hope that -- and I know that
[inaudible] is just a partnership, but if we’re asking for all of these groups to sign in on
this, I would hope that they would be sensitive to such a diverse community. Now I got
my brochure back [inaudible] don’t like to mix two things, but I think they brought in the
fact that a group they’d be working with and so I’m going to say it as kindly as I know
how. It bothered me when I looked at the brochure that we’re getting on the promotion
that’s there and I see a community that’s, you can ride up Laney Walker and just go
through the Medical College area and look at the beauty of so many nationalities on the
face of this earth in one block of people that’s going [inaudible], but when I opened that
brochure I saw seven to eight pictures in there from 2020. I’m going to get to it in a
minute, Greg. But I think it’s important when you study something about how the future
of a community is going to look in 2020 and everybody in there looks alike, that’s very
important. Because what it says is, what happened to the rest of the folk in that
community? Now I see in that brochure and it’s not from this group that’s asking for
this, but if in 2020, unless there is some different workings of DNA and scientific
knowledge that none of us know about at this point, where everybody is going to look the
same way, and that’s going to reflect the future of this community, particularly as to how
it looks now -- if that’s how it’s going to look like then, then I think we need to be careful
about where and how we promote and what we say. Ten years ago, I might have raised
holy hell about the same brochure. I’m doing it in a very nice way about now. I hope
21
that before it gets to be a document that’s passed out in the thousands of forms, Mr.
Mayor, that they would [inaudible] it, that they would look back, and that they would
reflect upon the diverse community and the strength that it has, because oftentimes, and I
say this defensively from the standpoint if the Commission is going to be blamed for the
negatives that go on in the community, then I think people can just as well look and say
well who [inaudible] this? You’re appealing to certain people and you’re looking at
appealing on a global basis and on an international basis, and you’ve got a military
installation right in your setting and we’ve gone on that strength, we’ve been lucky
enough to benefit from its most recent expansion, and what’s proposed here, and then
you’re going to call upon the rest of the world to come to your doorstep -- if you’re not
going to be sensitive about what you say in a community and promote that, then to me
you do yourself a serious disservice, and I don’t think it was anything that was
intentional, I don’t think -- it couldn’t have been intentional, nobody could be that crazy.
But I think to a point that being insensitive -- and if you didn’t have a chance to look at
the movie the other night, Something That God Made, to be invisible and to be
overlooked and to be in an insensitive situation is something that can happen, it can
happen accidentally or it can happen on purpose. But I think that in this situation -- and
like I say, I’m going to vote for this -- but just because they mentioned the other day that
these were the groups they were going to be working with, I hope that maybe this new
group that we’re putting our $10,000 with and the bankers are putting their money, that
they can go back and tell the other group that maybe they need to improve upon what
they are doing and to the actions of what they put out that reflects upon what this
community is to look like in 2020. And I’m, I’m prepared to vote for it wholeheartedly.
I think it’s a good thing to do. I think it’s great. But I also think that we should be
sensitive in terms of what we do and when we draw a picture of how we are supposed to
look, no one can, can say anything when it’s the picture that you draw yourself of what
you’re supposed to look like. And I think when you have a “tries to do it” and you come
up with zero, then it just leaves much for the imagination, particularly if you’re
recruiting. And if you’re recruiting from someone who makes the decision, who may not
look like anybody that’s on the picture, that’s something for all of us to think about, and
particularly if we’re spending the money of this community in order to do that.
Mr. Mayor: Anything further? Mr. Cheek?
Mr. Cheek: Mr. Mayor, I’m just going to follow up. I haven’t seen the brochure,
but I understand the issue, and there is an intellectual disconnect between reality, the way
that this country is going in recognizing that diversity of its peoples and the strength
therein, the great strength and diversity of our cultures within Augusta, and for people to
not recognize the need to make our promotional brochures reflect what we really look
like, which is a city of many people, as I said, is an intellectual disconnect that I hope
won’t be repeated.
Mr. Mayor: Anything further? All in favor of the motion then please vote with
the usual sign.
22
Mr. Hankerson vote No.
Motion carries 9-1.
Mr. Mayor: The next item is number 13.
The Clerk:
13. Motion to authorize Proposed Water and Sewerage Revenue Bonds in an
amount not to exceed $160 million. (Approved by Finance & Engineering Services
Committee May 24, 2004)
Mr. Mayor: Mr. Cheek?
Mr. Cheek:
Thank you, Mr. Mayor. We have been very bold in stepping
forward with improving our water system, and I encourage support for this. What I
wanted to do at this point is, there will be a report coming forth to you on findings at the
diversion dam that will require immediate repairs. Some are longer lead, two to ten
years. Also, we will be conducting the second canal inspection from the head gates to the
pumping station this weekend with the dive team. We’ve struggled to find a funding
source to make these repairs on this important water conductor which brings 60% of our
I’d like to make the motion that we
city’s water to our pumping station. So what
approve this, Mr. Mayor, with a $2 million earmark for repairs to the diversion
dam and the canal towpath and other water conducting entities in that structure,
that that money be set aside and used immediately to repair those essential items,
places where the stopped logs and different things are gone, and to clear the debris
which is causing undermining and repair those broken places along the towpath
where it’s collapsing, where you can actually walk on the towpath and be over
water. I wanted to make that in the form of a motion, please.
Mr. Mayor: Is there a second to the motion?
Mr. Williams: Second.
Mr. Mayor: Discussion?
Mr. Grantham: Yes, sir.
Mr. Mayor: Mr. Grantham?
Mr. Grantham: Mr. Mayor, I understand Commissioner Cheek’s reasoning
behind trying to set aside some money for the dam, for the problems we may have there.
But I think -- and I think we all agree that something certainly needs to be done. But
until we know the extent of the damage or the amount of the cost, I think just putting
23
aside $2 million is really not going to solve the problems we might be looking at. And
where the intention is good, I don’t see the necessity right now of putting money aside
just to show an intent. My intentions are just as good of making sure that we maintain
the water quality that we do and that we have the type of water flow into the canal, so I
don’t see that to be a part of this item 13, as far as that’s concerned.
Mr. Mayor: Mr. Cheek?
Mr. Cheek: Mr. Mayor, I’ve been bringing this before this body for five years
now. We’ve always been going to find a funding source from somewhere, continue to
look and study. I estimated $7 million, the engineers have reviewed this and will have a
report back to us, said my numbers were probably high based on the fact that if we do go
in and do the repairs -- this is a sound number. If additional funds are needed, I have
been informed by Max that we can use part of the extension, repair and extension funding
if additional funding is necessary. This is a funding source which takes it off the back of
SPLOST. It identifies funding to repair this, which is 60% of the city’s water. I can
assure you that this is a pretty sound number. Where it may not be enough to completely
do it all, based on sound engineering review, we don’t need to do it all, we can do it over
time. But we do need to take this step. We have put this off for a long time. It’s gone
unrepaired and the conditions continue to get worse.
Mr. Mayor: Mr. Shepard?
Mr. Shepard: Mr. Mayor, thank you, members of the Commission, if there are
any questions about the use of this money, our bond counsel, Matt Nichols of Sutherland
Asbill & Brennan is here with us today. I want to recognize Matt, and that would be an
appropriate expenditure of those type of funds.
Mr. Mayor: Any further discussion? Ms. Beard?
Ms. Beard: I would just like to say, I’d like to thank Andy for the fine job he’s
doing with this. It amazes me how he takes it upon himself to go out and check out
infrastructure and let us know what is going on. He went out and he found that problem.
I think it’s wonderful. Thank you.
Mr. Mayor: Anything further? We have a motion on the floor that’s been
seconded. All in favor of that motion, please vote with the usual sign.
Mr. Grantham votes No.
Motion carries 9-1.
Mr. Cheek: Thank you.
Mr. Mayor: The next item, Madame Clerk, is item number 20.
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The Clerk:
20. Motion to ratify authorization “Letter” to approve Change Order #1 in the
amount of $6,370.00 to R.W. Allen and Associates Inc. for furnishing and installing
fire rated windows in lieu of standard units in the Augusta Common Service
Building to comply with requirements of the Life Safety Code. This involves
reallocating $12,000 of allowances included in the base bid for additional cabinetry
and $6,370.00 to be funded from project contingency, the revised contract amount
will be $797,370.00. (Approved by Engineering Services Committee May 24, 2004)
Mr. Mayor: Who is going to speak to this one?
Mr. Kolb: I don’t see Mr. Acree. I can speak --
Mr. Mayor: There he is behind you.
Mr. Kolb: Good.
Mr. Williams: Mr. Mayor, I asked for this to be pulled. I wanted to get some
clarification on this. Some of it’s been answered already, but I’m wondering why these
windows weren’t considered, Rick, in the beginning, and why it had to be -- I mean --
Mr. Acree: When we went through the permitting process with License &
Inspection, they determined that the windows in the building need to be, certain windows
in the building need to be rated to be in compliance with life safety code. They were not
so rated in the original plans. And in order to keep all of the windows the same
appearance throughout the building, we changed the windows that did not need to be
rated to have frames that are the same as the ones in the rated windows. That’s why the
replacement of all the windows became necessary.
Mr. Williams: So what you’re saying is that the, the life safety code dictated a
safety type window and y’all changed some but you didn’t change all of them?
Mr. Acree: No, sir, we changed -- the life safety code does dictate that the
windows in the stairwells and on the corridor on the upstairs of the building have to have
fire rated glass in them to qualify as an exit to the stair corridors, which -- the stair
towers, which are at either end of the building. The frames for a rated window are much
more substantial -- welded steel -- then the ones that were originally specified, and in
order -- there were certain windows that did not need to be rated, but in order not to have
two different types of windows next to each other, we decided that it would look better
for the building that’s going to be right there in the Common to change the frames for
those windows and just put regular glass in those as opposed to rated glass, which is quite
expensive.
25
Mr. Williams: Okay, that clarifies, Mr. Mayor. I’m not opposed, but I’m hearing
that because of this, the structure and the way the structure looks, it will look better, it
wasn’t a life safety code per se. That was in place, cause --
Mr. Acree: No, sir. Part of the -- the original windows specified and bid were not
rated windows. We determined in the permitting process that some of them did, in fact,
need to be rated. In order to have all of the windows the same, we changed the ones that
didn’t need to be rated to the rated windows. So we’re changing out all the windows,
we’re just not putting rated windows where they’re not required. But the frames will
match, as opposed to having two different types of frames.
Mr. Williams: Okay. We won’t be back with nothing for these windows, though,
will we?
Mr. Acree: No, sir.
Mr. Williams: So move, Mr. Mayor.
Mr. Cheek: Second.
Mr. Mayor: Discussion? All in favor, please vote with the usual sign. Rick, are
th
those restrooms going to ready for July 4?
Mr. Acree: We are on target for that.
Mr. Mayor: Thank you.
Motion carries 10-0.
Mr. Mayor: Thank you, Madame Clerk. The next item is number 23.
The Clerk: 23 or 22?
Mr. Mayor: 23.
The Clerk:
23. ZA-R-164 – A request for concurrence with the Augusta-Richmond County
Planning Commission to approve an amendment to Section 8 of the Comprehensive
Zoning Ordinance of Augusta-Richmond County to provide for sales trailers to be
placed in new subdivisions by Special Exception subject to certain regulations.
(Approved by the Commission May 18, 2004 –second reading)
26
Mr. Mayor: Commissioner Williams?
Mr. Williams: Thank you, Mr. Mayor. I had this pulled. I was a little concerned
when it say sales trailers and placing in new subdivisions. I don’t know any new
subdivision [inaudible] out there right now but I’m [inaudible] you know what we been
dealing with with these trailers and George, I just need to know is this okaying, is this
saying that in the new subdivision they going to be allowed to put trailers with special
exemption? Is that what this --
Mr. Patty: Yes, sir. They’ve actually done it for years and there was never
anything in the zoning ordinance that, that allowed it. There was not a permitted use in
the ordinance, and the subdivision regulations committee wanted to, to, to change that to
specifically allow them and also to allow some regulations. And that’s what this does. It
requires, for instance, they’ve got to be 500’ back from the entrance, it requires that they
have an annual permit for review by us, it requires that the trailer has got to be gone
within 48 hours of the sale of the last lot, and it’s got to be inspected by License &
Inspection annually. So it provides some -- also, it’s got landscape to it, provide some
pretty restrictive rules about how they’re placed and maintained and that sort of thing.
Mr. Williams: Okay, now, George, these trailers that you’re speaking of, and I
may be thinking of a different trailer, now these are construction trailer where they are
dong the work [inaudible] or these are mobile home trailers that going to be --
Mr. Patty: Actually, it’s a sales trailer as opposed to a construction trailer. But it
would not be a trailer that anybody would ever live in.
Mr. Williams: Okay. Okay. And that’s okay in my mind. I wanted to make sure
that I was clear on that. Okay.
Mr. Patty: Could not live in it.
Mr. Williams:So move, Mr. Mayor.
Okay. Okay. Thank you.
Mr. Mayor: Is there a second?
Ms. Beard: Second.
Mr. Mayor: Discussion? All in favor then please vote with the usual sign.
Motion carries 10-0.
Mr. Mayor: That takes us to item number 26, Madame Clerk.
The Clerk:
27
26. Discuss the placement of Augusta Transit bus benches. (Requested by
Commissioner Marion Williams)
Mr. Mayor: All right, Mr. Williams, this is your item.
Mr. Williams: Thank you, Mr. Mayor. I talked with Haywood Johnson, our
Public Transit director. And I wanted to get some information. I think he’s got some
information for us on the K-Mart entrance of where the, the, the new transfer area is
going be. We, we went out and installed some, some benches and I think Mr. Haywood
had got some other plans. And I just wanted to know where we are, Mr. Haywood, with
that and how soon will the process be, you know, get into effect.
Mr. Johnson: Okay. Thank you, Mr. Williams, Mr. Mayor. Since the last
meeting, I took the recommendations from some of the Commissioners, such as the little
garage type area and I did speak to several vendors around Augusta. Since the last
meeting I’ve been contacting them and they’ve been meeting us out at the site, giving us
their ideas and their proposal on trying to put something, either some type of awning or
some type of a rooftop or a actual shelter. I actually went out and talked to some shelter
vendors. And so that I’ve gotten in the last quotation this morning as to some shelters,
and that would be my recommendation, is that I place four shelters out there. I just
received approval on a federal grant that would pay 80% for the shelter cost and that I’ll
be working with Ms. Sams in the next few days to try to get that approved and a purchase
order cut. From most of the manufacturers, it would take roughly about five to seven
weeks for them to manufacture the shelters, and then we would just have to have a slab
prepared for when they actually arrive and to be bolted down. But they will send us all
the directions. For some of the vendors, we’ve actually asked them did they do
installations themselves, so that Ms. Sams and I will go through and prepare all the
different proposals and use the best proposal for Augusta which will accommodate the
riders and to adhere to the -- what’s the word -- aesthetics of Augusta.
Mr. Williams: Okay, Haywood, let me ask another question. And I think you got
something you might want to pass out to the other Commissioners. I have viewed it
myself. But in lieu of this heat and 100 degree weather that we’re having, we talking
about a shelter, and those who may not seen the diagram may be thinking on a different
vein, but it’s similar to the shelters or the bus stations we got around town and it’s
enclosed with a glass frame. I don’t want to call it glass, it may be Plexiglas, it may be
something else. But it’s -- and I think it look rather nice, I think it will be something that
we will probably increase on. But if you got something you can pass to the other
Commissioners to let them get a view. Cause when you hear about a top or a canvas of
some kind, not being able to see it visually, we think of, of garage covers or something of
that type, but I think that would be [inaudible] let them see that.
Mr. Mayor: Mr. Williams, do we need some action on something today?
28
Mr. Williams: This is just a report. I think everything is in place, just a report.
Mr. Mayor: Any further comments?
Mr. Williams: Let me ask Haywood, make sure. Do we need any other action,
Haywood? Is everything in place? Is there anything else we need to do, because we
don’t need to come back.
Mr. Johnson: Okay.
Mr. Williams: Okay, I just wanted clarification.
Mr. Johnson: You’ve already approved the grant and the grant has already been
approved by the [inaudible] Transit Administration.
Mr. Mayor: If you want to make a motion to receive the grant when it comes. Do
that, and get that out of the way and then he can start as soon as it gets here [inaudible].
Mr. Williams: Let me make a motion to receive this as information and also
a motion at the same time, along with that, to accept the grant.
That way, everything
is already in progress.
Ms. Sims: Second.
Mr. Mayor: Motion and a second. All in favor, please --
Mr. Mays: Mr. Mayor?
Mr. Mayor: Mr. Mays?
Mr. Mays: One question, and Haywood, thank you for moving along. But this is
going to be an addition to what you’ve got out there -- correct?
Mr. Johnson: Well, those out there can seat approximately six to eight people, so
what we were looking at was putting four of those out there, and that way we could move
those benches from other areas around Augusta [inaudible].
Mr. Mays: Well, let me just say this [inaudible] I’m just wondering, I guess it
was throwing me off, and they look nice. If you the size of Marion, you got six to eight
spots. If they the size of me and Don, I’m looking at four spaces on here. That’s why
I’m just asking how many you fixing to hold, cause you talking about four times, you
know, four times four is 16. I mean I’m just wondering -- if you say six or eight, I trust
29
you there, but I saw the four lines in there and I’m just looking at seating and of people
having bags and stuff with them. I just was thinking that that was four.
Mr. Johnson: Let me give you the actual size. It’s 12’ x 5’, so the bench actually
goes the whole width of it.
Mr. Mays: That’s similar to the one that’s over there that’s in the Kroger parking
th
lot that’s on 15 Street?
Mr. Johnson: Yes. Right. Right.
Mr. Mays: Now -- okay. I just [inaudible] suggestion, I think before you move
anything, when you put those out there, you better see if you don’t want to leave the
bench and leave what you got, cause it depend on the size of folk you got going in there,
and they ain’t the biggest benches in the world. And if somebody riding the bus my size
and I got two bags with me, and I’ve got some groceries, I ain’t going to put them on the
ground. So I mean you’ve got four spaces there, 16, plus what you’ve got. I was just
going to say you see before you take the benches up whether or not you’ve got enough.
You’ve got four bus routes coming in there. There’s no need of taking up something that
you got to go back and put something else back down.
Mr. Johnson: Okay.
Mr. Mays: [inaudible] there, you know, [inaudible] those look good, but before
you go to taking something up, you might want to see if you got enough spaces in there.
Mr. Johnson: Yes, sir.
Mr. Mays: But they’ll fit Marion just fine.
Mr. Mayor: All in favor of the motion, please vote with the usual sign.
Motion carries 10-0.
Mr. Mayor: The next item is number 28.
The Clerk:
PETITIONS AND COMMUNICATIONS:
28. Select voting delegate for the National Association of Counties (NACo)
Conference July 16-20, 2004.
Mr. Williams: Mr. Mayor?
30
Mr. Mayor: Yes, sir?
Mr. Williams: I nominate Mr. Tommy Boyles.
Mr. Mayor: Mr. Boyles.
Ms. Sims: I second it.
Mr. Boyles: I’m not real certain that I’m going.
Mr. Grantham: I think we need -- excuse me, can I --
Mr. Mayor: Yes, Mr. Grantham?
Mr. Grantham: I know who is going.
The Clerk: You’re going.
Mr. Grantham: Yeah, but I’m going to nominate Commissioner Bobby
Hankerson, cause I know he’s going.
Mr. Colclough: I second.
Mr. Grantham: I want it to be unanimous.
Mr. Mayor: Are there any other nominations?
Mr. Grantham: The nominations are closed.
Mr. Mayor: We have two nominations, we vote on them in the order they’re
received, unless Mr. Boyles is declining the nomination.
Mr. Boyles: I appreciate Mr. Williams’ thinking about me, but I’m not real
certain that I’m going to be able to go, and if I go I wouldn’t be there for the entire
meeting, so I’d like to throw my vote to Rev. Hankerson.
Mr. Mayor: All right. Well, in that case, Rev. Hankerson is the only one
nominated. So all in favor of Rev. Hankerson please vote with the usual sign.
(Vote of Mr. Hankerson)
Mr. Hankerson abstains.
Motion carries 9-1.
Mr. Mayor: The next item is number 30.
31
The Clerk:
OTHER BUSINESS:
30. Consider Mayor's recommendation for administrator recruiting process.
Mr. Mayor: Mr. Shepard?
Mr. Shepard: Mr. Mayor, I have something to say about this in legal, and I would
ask the Commission to table the matter until that’s concluded.
Mr. Mayor: Well, we haven’t started any discussion, we’ll just defer this item.
Mr. Shepard: Thank you.
Mr. Mayor: We’re loading up legal today.
Mr. Shepard: Well.
Mr. Mayor: The next item is number 30. Commissioner Williams. 32, I’m sorry.
32. Commissioner Williams.
The Clerk:
32. Request Grand Jury investigation of the Fleet Management Department.
(Requested by Commissioner Marion Williams)
Mr. Williams: Yes, sir, Mr. Mayor. I had this added to the agenda that we might
be able to go ahead and get something done. There has been no response as of yet.
There are several other things that happen in this government and other governments, for
that matter, that have been all over national news, but something is wrong and I think that
we need to at least get the Grand Jury to investigate the allegations and stuff that been
made in that department. We’re not talking about a little money. This is a lot. From,
from the word on the street is I guess the best way to, to, to put it. We are stewards of the
taxpayers’ monies. Somebody should have brought something to us by now and at least
share with us. There has been really nothing, so I asked that this be placed on the agenda,
that we be able to give some direction from this body that the Grand Jury will investigate.
Mr. Mayor: Would you like to make a motion?
Mr. Williams: Yes, sir. So move.
Mr. Mayor: Is there a second?
32
Mr. Cheek: I’m going to second that.
Mr. Mayor: All right. Discussion? All in favor of the motion then please vote in
the affirmative.
Mr. Boyles, Ms. Sims and Mr. Grantham vote No.
Motion carries 7-3.
Mr. Mayor: All right, Madame Clerk, if we could, before we go to legal meeting,
we have an addendum agenda. We’ve been asked to add one item that’s on the printed
agenda, and then Mr. Cheek is going to ask us to add a second item. And if you’d
explain that and then we’ll see if we have unanimous consent to take up these items.
[inaudible] what you want to add to it.
Mr. Cheek:
Thank you. As you know, we are getting into a moderate drought
situation in the area. We’ve been asked by the State -- they will either impose water
restrictions upon us or we can implement our own plan, which is exactly like we had last
year. This enabled our Utilities Department to enforce the odd/even water use restriction.
I ask the Commission -- one of the beauties of adding your own plan or implementing
your own plan is you can also lift it up, in the same period of time that the State allows
the lifting you can keep it in place or lift it. It gives you autonomy. Our plan worked last
add at this time and approve
year, so what I’m going to ask the Commission to do is
implementation of our water conservation plan as we had last year.
ADDENDUM AGENDA:
ADDITIONAL INFORMATION:
Regarding item #13
ADDITION TO THE AGENDA:
1. Motion to abandon a portion of right-of-way between Sand Bar Ferry and
Magnolia Avenue. (Requested by the Attorney)
Mr. Mayor: Gentlemen and ladies, we have asked to add to the agenda item 1 and
as you heard item 2 on the addendum agenda. Is there any objection to adding those two
items, or either one of them? None is heard, so we’ll deal with them in the order they’re
on this agenda. Mr. Shepard, the first item I think you’ve asked for. Madame Clerk, if
you’ll read the caption.
The Clerk:
Addendum item 1. Motion to abandon a portion of right-of-way between Sand Bar
Ferry and Magnolia Avenue. (Requested by the Attorney)
33
Mr. Shepard: Thank you, Mr. Mayor. [inaudible] the Commission this item was
considered in a public hearing. There were no objectors. My partner, Jim Plunkett,
informed me the closure will proceed if the body would go ahead and approved this
today. This is the last step in the abandonment of this property. I believe the Family
Dollar Store is relocating the area and needs this abandoned for the completion of that
project. I would ask that you add and approve it.
Mr. Mayor: We’ve already added it. Is there a motion to approve this?
Mr. Cheek: So move to approve, Mr. Mayor.
Mr. Mayor: Is there a second?
Ms. Beard: Second.
Mr. Mayor: Is there any discussion? Mr. Williams, you look like you’re poised
to say something.
Mr. Williams: Yes, sir, I was wondering -- Commissioner Beard and I were just
talking a few minutes ago, and that [inaudible] further growth is coming in that area,
Steve. Exactly where on Sand Bar Ferry Road is this property, this, this -- you say Dollar
Store?
Mr. Shepard: In the memorandum he gave me, he did not give me the address,
and I can get that for you during the legal meeting if you want to table it until then. I’m
sorry, I do not have the address.
Mr. Williams: Well, and one thing about that. There are several churches in that
area and I can’t see any reason to be opposed to this, and Commissioner Beard’s District
by all means, but I wouldn’t want something sitting in the front of -- any conflict. I think
both of us, I think this whole board be for any growth in that area. But I would certainly
like to know where the location is. I mean when we get it like this, and then vote on it,
then it’s out there, like you said a little while ago. You don’t want to warn adversary, but
sometime we need to warn some of the people that may not be adversary.
Mr. Shepard: I can have that address over here in a few minutes. That will be no
problem.
Mr. Mayor: Do you want to hold up voting on it [inaudible]? We can hold it and
go on to the next item.
Mr. Williams: Let’s just hold it if that’s okay. And we take a vote afterward,
come back.
34
Mr. Mayor: All right. The next item, then, Madame Clerk, is --
The Clerk: Water conservation plan.
Mr. Mayor: All right.
Addendum item 2. Motion to approve implementation of an odd/even water
conservation plan.
Mr. Mayor: Is there a specific plan, Mr. Hicks, or Andy, did you want to ask the
Commission to approve it?
Mr. Hicks: As I think most everyone is aware, the board of the Commissioners of
the Department of Natural Resources voted last week to have a mandatory statewide
water conservation plan. They indicated they were going to be sending out information
to the communities, but you can go online under the Department of Natural Resources
and print it off. And under that they do allow for local communities that have a program
already in place, that has been adopted by ordinance -- and ours has been adopted by
ordinance -- and it was actually amended in the fall of 2002 to allow in position penalties
rather than having to go to the courts, you know, to make people actually abide by the
mandatory water conservation plan. So we do have everything in place. We would
notify them in writing that it has been approved and adopted by the Commission. It’s
been adopted before, but it’s been approved to be implemented now, and we’d send that
to them and we’d be all right. So we recommend that you go ahead and adopt that local
plan at this time for now.
Mr. Mayor: Mr. Boyles?
Mr. Boyles: Thank you, Mr. Mayor. Mr. Hicks, this is the same odd/even, no
watering on Monday that we’ve been doing for the last few years?
Mr. Hicks: It is. And see, it differs from the State plan in that the State plan has
Friday as the “no watering” day. However, they have allowed for local plans such as
ours, and the same one Columbia County has and some other communities, that have
Monday as a “no watering” day. They, they do allow that. We just have to notify them
in writing that that is what we’ve adopted.
Mr. Boyles: I think people have come pretty well accustomed to knowing what
day you can water.
Mr. Hicks: They have. There has been some confusion. People would call in
and they’d say well, the State says it has to be Friday. We’ve told them no, they also say
you can have a local plan that’s equally restrictive and achieves the same objectives, as
35
long as we let them know in writing and as long as it has been adopted by the local
governing body as an ordinance, which ours has.
Mr. Boyles: That newspaper article was confusing. [inaudible]
Mr. Mayor: Is there a motion to approve? Mr. Grantham?
Mr. Grantham:Mr. Mayor, I have a question. I’ll make a motion, but Mr. Hicks,
will you be including this notification in your water bills to the people, that information?
Mr. Hicks: Yes, we can put it in our water bills as they begin to go out, and I’m
sure that it will be on the news media. It has already been on the news media as if it were
an accomplished fact. But we need to do it, we can put it on the water bills, yes, sir.
Mr. Grantham: Mr. Mayor, I make a motion we approve.
Mr. Cheek: Second.
Mr. Mayor: Motion and a second. Further discussion? Mr. Hankerson?
Mr. Hankerson: Yes, I was just concerned on whether or not we give the
community sort of warning or period of time or are we just going to immediately do this?
You say within one week, seven days, just in case somebody have some new [inaudible]
or something like that, that they were depending on the water to do it. The Commission
say within two weeks or give a date?
Mr. Hicks: What we will do, Commissioners, and to answer that, Commissioner
Hankerson, you brought up a good point -- in the State’s plan, when they were
considering their plan, they asked for those that local communities had and we sent them
ours. And they liked the fact that we had in ours that 30-day new planting provision.
That is, if a person has newly planted a yard or a house has been constructed and
everything is brand new, for a 30-day period they can water every day if they need to.
And we have in place a provision where you can go on line, even, and print off one of the
applications, fill it out, email it back to us, fax it to us. We can send somebody out to
look at it, make sure it is legitimate, and then they can water for 30 days with no
restrictions. That lets the new plantings get watered in so people don’t lose, you know,
what they have put into their new yards. So there is that provision in the State plan and in
our plan.
Mr. Hankerson: Very good.
Mr. Hicks: And what we would do would be to apply this -- it would go into
effect immediately but we would not begin to cut people’s water off immediately. We’d
tell them now, look, this has been adopted, I’m sure it will be everywhere, but you’ll
36
always have people say we didn’t see it. But when we knock on their door and tell them,
they will know about it, but we won’t whack them right then. [inaudible] new planting
regulation, also. We’re very pleased to see the State plan have that. It’s a good thing to
do.
Mr. Hankerson: I’m ready to vote.
Mr. Mayor: Let’s see, we have a motion and a second. Any further discussion?
All in favor then please vote in the affirmative.
Motion carries 10-0.
Mr. Mayor: Did you get that address yet, Mr. Shepard?
Mr. Shepard: It’s on the way.
Mr. Mayor: All right. We’ll go ahead then and construct our agenda for the legal
meeting. Mr. Shepard, as you do that, in addition the items you have set for legal, I have
one real estate matter that I want to bring in. Go ahead.
33. LEGAL MEETING.
??
Pending and potential litigation.
??
Real Estate.
??
Discuss the Deen Avenue Property. (Requested by Commissioner
Hankerson
??
Personnel.
Mr. Shepard: Mr. Mayor, members of the Commission, I request that the
Commission go into legal session for the purposes of discussing pending and potential
litigation, real estate, specifically discussing Deen Avenue properties requested by
Commissioner Hankerson, and personnel.
Mr. Williams: So move.
Ms. Beard: Second.
Mr. Mayor: All in favor, please vote with the usual sign.
Motion carries 10-0.
[LEGAL MEETING]
34. Motion to approve authorization for the Mayor to execute affidavit of
compliance with Georgia’s Open Meeting Act.
37
Mr. Mayor: Mr. Shepard? You have the affidavit there? We need a motion
authorizing the Mayor to sign the affidavit.
Mr. Mays: So move.
Mr. Colclough: Second.
Mr. Mayor: Any objection? None heard, I’ll sign the affidavit then.
Motion carries 10-0.
Mr. Mayor: We have two items on the table we want to bring off first.
Addendum item 1. Motion to abandon a portion of right-of-way between Sand Bar
Ferry and Magnolia Avenue. (Requested by the Attorney)
Mr. Mayor: Do we have a motion to take item number 1 from the addendum
agenda off the table?
That’s the right-of-way between Sand Bar Ferry and Magnolia
Avenue.
Mr. Williams: So move.
Mr. Mayor: Is there a second?
Mr. Colclough: Second.
Mr. Mayor: We have a motion and a second to take item 1 from the addendum
agenda off the table. All in favor, please vote with the usual sign.
Motion carries 10-0.
Mr. Mayor: All right, we have the item before us now, and Mr. Shepard, your
recommendation on this item is to --
Mr. Shepard: This is to abandon a portion of Magnolia Avenue between Sand
Bar Ferry -- excuse me, to abandon the alley between Sand Bar Ferry and Magnolia
Avenue.
Mr. Mayor: Your recommendation is to approve.
Mr. Cheek: So move.
Mr. Mayor: There is a motion.
38
Mr. Smith: Second.
Mr. Mayor: Second. Discussion? All in favor, please vote with the usual sign.
Motion carries 10-0.
29. Motion to adopt a “Contractor and Private Building Inspector registration
Ordinance” with an effective date of January 1, 2005. (Deferred from the May 10th
Committee Meeting)
Mr. Mayor: Next we need a motion to take off the table item number 29.
Ms. Sims: So move.
Mr. Boyles: Second.
Mr. Mayor: Motion and a second. Discussion? All in favor, please vote with the
usual sign.
Motion carries 10-0.
Mr. Mayor: All right, item 29 is up for discussion. Is there a motion?
Mr. Grantham: I move to approve.
Mr. Mayor: We have a motion to approve.
Ms. Sims: Second.
Mr. Mayor: It was seconded. Mr. Shepard, you had some specific technical
amendments you wanted to make to the original -- then we’ll get into discussion of it.
But --
Mr. Shepard: Yes, sir, I would ask that you grant the authority to make the
technical amendment in terms of the voting requirement --
Mr. Colclough: We can’t hear you.
Mr. Shepard: I would ask for the technical
I’m sorry, Mr. Colclough.
amendment to harmonize the language in the ordinance with the six vote affirmative
vote requirement here for passage of any item. I think the language there is a
simple majority of those present, which I think is not our, that’s not our rule for
getting things passed.
That’s the technical amendment I would be most interested in.
39
The others are not technical amendments, which we discussed. I gather the sense of the
body was not to change the [inaudible] ordinance in substance, only to change it in those
instances which would conform to our practice, and this is the first reading. And in the
second reading you can see for yourself those technical changes. I’m not going to
attempt to do anything other than technical things.
Mr. Mayor: We have a motion that’s on the floor and it’s up for discussion now
on item 29. Discussion, Mr. Williams?
Mr. Williams: Thank you, Mr. Mayor. I’m not in disagreement. I think that
there is some good in this, in this structure, in this ordinance that we are trying to put
together here. But I’m really concerned about some of the, the outcome that’s going
happen to some of the small builders who, who are just starting out, who are trying to get
the insurance. I think it’s important, but I think it’s going put a burden on the small
builders and it’s going to end up resulting in the, the passing on to the consumer or the
taxpayers. It’s been several things mentioned and, and, and I’ve talked with some of the
builders and like I said, I’m in support but I still got a problem with the, the new builders,
the new people coming on, trying to get started in business, especially the, the, the, the,
the small builder who been learning for whatever reason [inaudible] if they get a letter, I
think it is, from the builder that they been working for for a number of years that they
was certified, but it’s going to be very few people go to their employer and say well, I’m
going into business for myself, give me a letter, let me get started on my own out there.
It’s been mentioned about going to school and passing technical school. I’m a little bit,
I’m a little bit shaky, I’m a little bit scared about, about this, and I don’t want to, I don’t
want to kill this, but I can’t support it. Rob, I see you sitting there. Maybe you can
answer some of these, some of these questions. What’s going to happen to the small
builders who, who is trying to get started, who has done learned the trade, but since they
had not been working for a “company” so to speak, how, how, how, how will they ever
get started, how will they ever get an opportunity to, to be a contractor one day?
Mr. Sherman: He could take the exam. Or [inaudible] or if he -- I think there will
be some kinks in this that we will have to work out, but I think that if there is, if he has
worked for a contractor and he had a responsible position with that contractor, and he can
show us that they’ve completed three projects in the past two years, I think that would
qualify.
Mr. Williams: Okay, explain that, cause what I’m hearing is if you work for a
contractor, been working for them for a number of years and you and that company has
completed three projects that he was on -- is that what you saying?
Mr. Sherman: Right.
Mr. Williams: In other words, he don’t have to show what he done on those
projects, he worked for a company that completed three projects? Is that --
40
Mr. Sherman: Well, actually what it says, what’s proposed is that the, the -- if
you are a contractor presently and you have until next year to get your registration, you
can show us that completed three projects in the past two years, I think -- is it two years?
-- and that qualifies you. Now what I was saying is that if -- other than that, you would
have to do it through education requirements or take a [inaudible] test, something that
shows you have knowledge of construction. But that person who comes in and says well,
I worked for Mr. Williams, I did, we did three projects, it’s not written that that would
qualify him, to answer your question.
Mr. Williams: And, and, and that’s what I’m worried about, Rob, and I think it’s
got some real good value to it. I really do. And like I said, I discussed it earlier. But I’m
really concerned about the small businessperson is going to be trying to get into
construction. We talked about the insurance side of it. That’s going to put a burden on,
on, on a small man or a small woman, whoever may be, decide to go into contracting
business to acquire the insurance, to have the, the, the letter from some, some company
saying that they, that they’re qualified, even going to school. Now if we going to put the
educational requirements in where they got to finish some courses on some things, that’s
going to still put a burden back on, on, on the little man.
Mr. Sherman: Now those are, all of those are “or” meaning you have the
education or you’ve worked for a contractor or you have taken the test or you have
completed three projects. It’s all “or” and nothing that you have to have a combination.
And it’s pretty much the same -- probably a little less restrictive than what the State has
approved. Theirs is that you have to be 21 years of age, have a baccalaureate decree from
an [inaudible] college and engineering and architectural construction, have a combination
of academic credits, or have a total of four years [inaudible] experience in an industry-
related field or show proof of a minimum -- this is for a commercial contractor where you
also have to show proof of a minimum net worth in an amount equal, an amount which is
specified by the State Licensing Division. And that’s probably subject to change, but
that’s what they have approved right now.
Mr. Williams: But Rob, is there any different between a commercial contractor
and say a, a, a non-commercial, I guess I mean? Somebody going to do some residential
stuff, I mean I understand the commercial side. But the non-commercial, residential stuff
would have to have those things that you just mentioned?
Mr. Sherman: The residential -- and all the contractors, the way it’s proposed,
there is a commercial contractor and then a residential contractor, and then you get into
the specialty contractors and then the, the do-it-yourself. All of them have minimum
qualification. Here again, it includes having a degree in construction or a technical
degree in construction or certification or work experience.
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Mr. Williams: And Rob, the reason I’m asking all this, I got people that live in
the communities out there, not just District 2, but I got people in the community that call
themselves contractors but they really not a contractor. I mean, you know, by being in
business they say, you know, I’m a contractor. And if you eliminate these people from
being able to work, you going to put a lot of people, you know, out of business. You
going to put a lot of people who call themselves contractors. Now let me ask another
question, let me ask another way. I learned that from Commissioner Shepard when he
was a Commissioner. If someone comes and say they’s a carpenter, they’re not a
contractor, would they still have to go through this same situation to, to, to acquire a
license if they’re not called contractor? Because it all in the word, now.
Mr. Sherman: If they’re a carpenter or a contractor -- the carpenter is going to be
a guy that’s just going to go out there and one of the, basically, the laborers who is going
to cut the boards. The contractor is going to be the person who is responsible for the job.
Mr. Williams: Okay, but I’m, I’m, I’m saying I know people that got, that say
they’re contractors, and they’re really not. They’re really just carpenters. They’ll get a
small job but they call themselves contractors. They got on the side of their, their vehicle
“contractor” you know. And, and, and you got a different, you got a different grade, you
got a different level of contractors and you got different grades and different levels of
people out there doing the work. So I don’t want to put anybody out. And I know this is
the first reading, too. I think we going to get some response from some people the next
time this is up. But I just want to be very careful that we don’t put, put those people out
of business who was doing carpenter work.
Mr. Sherman: Right. Let me see if I can answer it this way. If he’s doing
carpenter work, carpentry, then he doesn’t need to obtain the permit. If I’m the general
contractor, I’ve taken out the permit, and you’re the carpenter, you don’t need a permit.
This doesn’t apply to you. It would apply to me as the general contractor. I don’t know
if that was a good explanation.
Mr. Mayor: Typically, though, isn’t it the contractor who gets the building
permit?
Mr. Sherman: Correct.
Mr. Mayor: The carpenter wouldn’t necessarily get the building permit, the
contractor would do that.
Mr. Sherman: That’s right.
Mr. Williams: Mr. Mayor, I agree. I agree, but I’ve got people who call
themselves and they [inaudible] contractor, well, I’m a contractor and they’re really not.
Being a, a, a, a person that’s got some knowledge, some skills and can do some things.
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But a contractor who comes in saying well, I’m going to build five houses in here, I can
understand [inaudible] working [inaudible] general contractor. But when you talking
about people who come in, trying to get established or to try to get into the market, they
may be going build one house, they may be going [inaudible] just a room addition or
something. So I’m, I’m trying to be careful where I’m not going put those people --
Mr. Sherman: If they’re doing a room addition, it would apply to them. They
would be considered a contractor. He may have started as being a carpenter and he may
be planning on doing the work, but he will be making a contract with the individual for
the project, so it would apply to him.
Mr. Mayor: I would encourage the Commission to approve this. To me, it’s very
important because there’s a strong contractor registration ordinance in Columbia County,
so that tells you that any substandard or marginal contractors can’t meet the standards in
Columbia County are going to come over here and prey on the people who live in
Augusta Richmond County. We’ve got the door, the welcome mat is now out. And it’s
important --
Mr. Williams: Mr. Mayor?
Mr. Mayor: Let me finish, Mr. Williams. It’s very important to us that we
maintain similar standards to what they have in Columbia County to protect our citizens.
Some people say well, if we have good inspections then we don’t have to worry about
having substandard work by people in this community, but if you take a look at what
happened recently at the Club on Raes Creek, the whole building was built down there
and our inspectors didn’t even know about it. In fact, the contractor who came in and did
the work, I understand, couldn’t get a license in Columbia County. And we had no
recourse because he wasn’t required to get a license in Augusta. But the heart of this
thing seems to be workers comp, and just the preliminary figures that were thrown
around would show a $13 a week cost to a contractor to provide the workers
compensation that would be required in here. And you have to ask what price you’d pay
to somebody who hires someone and sends him up on a roof to do some work and he falls
off that roof, he’s out of work for six to eight weeks recovering from that fall, he’s got a
wife and a couple of kids at home, he’s got no protection, no coverage at all because the
Commissioners here said we’re not going to require you to have workers compensation
on that person you sent up on the roof. And that is, that is not fair to the people who are
called upon to work for these contractors. They need protection, too, just like the
property owners who live in this community. They need protection from people who are
not competent to do the work, who cannot meet the minimum requirements to be
licensed. The consumer protection is needed in this community. I think it’s a very
important ordinance. We talk about doing things the same old way around here. This is
an opportunity to break that mold and do things a new way and to protect the people who
live in this community.
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Mr. Williams: Mr. Mayor, I’m in agreement, and let me say this, too. You
mentioned Columbia County. And I hear something today about we always compared to
Columbia County. Columbia County residence is totally different from the Richmond
County residence. They type building in Columbia County is all the way difference from
any residence that’s being built here. Even a room addition in Richmond County is
completely different. Now I do agree with the insurance. We ought to have some type of
insurance. But I’m -- and I’m not opposed to this, but I’m trying to be very mindful of
the small contractors, whether they be black, white, Hispanic or whatever that’s got to
deal with this situation, and we end up putting them out of business. So I’m, I’m I’m,
I’m not fighting this issue. I just want to make sure that we are including. We can’t look
at the adjacent county, for it’s a bedroom community versus a inner city with the type
housing and stuff that we have to deal with. The people in, in my District couldn’t afford
a man or a woman that’s a contractor from Columbia County coming down doing the
work. It just wouldn’t happen. So who is going to do the work for them? Who’s going,
who’s going to come and be able to do a room addition or a garage as such for people the
live in the low incomes of my area? So that means I want some different rules, but I want
to be fair to everybody now. Who going to go to Hyde Park and build a house for those
people if it wasn’t a small contractor who can’t, can’t get a job in Columbia County?
And maybe he’s not even qualified to do it in Hyde Park, but that’s the only person they
got to do it. Somebody need to be real.
Mr. Mayor: ANIC was using a Columbia County contractor to build their houses,
Mr. Williams.
Mr. Williams: That’s right. $65,000 and $75,000, Mr. Mayor. They ain’t
$35,000 homes.
Mr. Mayor: Mr. Grantham had his hand up, and then Mr. Cheek and then Mr.
Smith.
Mr. Grantham: Well, Mr. Mayor, my comment was that with the, with the
contractors and the people we have that are licensed and that are responsive builders and
really are out protecting, this ordinance will help protect the, the taxpayers and the
citizens of this community, and this is something we have long needed. These
requirements do not really touch on the, on the stringency that the State of Georgia has,
and I think Mr. Sherman alluded to that. But I just see this as a beginning for us and I see
it as something we can work with to start now, and put into place. This has been going
on now, from what I understand, about 2-1/2 years of trying to get this put into place.
And these, these people that are involved in this business need this type or protection, as
well as the people having the work done need this type of protection. And so I’d like to
call the question. I know that you’ve got some other comments, but I’d like, I’d like to
call the question as soon as we can.
Mr. Mayor: All right. Mr. Cheek?
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Mr. Cheek: I just say I used to kid my friends in Columbia County years ago that
they’d better do something and get something on the books cause the same jack legs that
poorly built and developed in Augusta were headed their way. Well, they did, and this is
one of the fastest growing, most progressive communities in the state of Georgia, often
recognizes for that. We ought to be looking at becoming the leaders in our region, rather
than waiting around and following these other smaller communities that are doing a
better job of managing their growth than we are. I think poor people are entitled to the
same quality of work as rich people. The problem we run into in this city is that just like
we did with the trash collection, we put some people out of business because they were
unlicensed, they weren’t doing a good job, they were littering our streets. Well, these,
these small businessmen who call themselves contractors who aren’t really, either if they
can’t qualify under this very comprehensive program, they don’t have the knowledge
base to do the work -- construction is a very important job. If you build an addition and
don’t know how to wire something -- a lot of times people will hire somebody and not
even know whether they’ve got the building permit or not. This is a way to protect the
people of this city. No matter where they live at. We have got to start weeding out these
people that came in, that aren’t licensed and do work and then leave with sorry worry,
and the house falls down the next year, like they do in all these other places, primarily
hitting the poor people who can’t afford anything else. We’ve got to weed these people
out, just like we did the small haulers who were dumping beside the road and throwing
trash all over our city roads. This is a very important first step in that direction. While
it’s not a perfect document, I think it’s something we need to support. There are some of
the people that this will weed out and put out of business, quite frankly, need to be put
out of business. And I say that having been a small developer, contractor, whatever you
will, working with a two-man crew, painting houses ten years ago. Some people that
don’t want to get the education or have the background experience to demonstrate that to
our License Department really don’t need to be doing the work. And if they’re charging
people money, they’re generally doing substandard work and probably not even paying
taxes on it and probably don’t even have a business license. So I just offer that and urge
support for this.
Mr. Mayor: Mr. Smith?
Mr. Smith: Mr. Mayor, I’d like to make a motion to approve the ordinance.
Ms. Sims: Second.
Mr. Mayor: We already have a motion. We’ve got a motion. We’ve got to vote
on it now.
Mr. Smith: Call the question.
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Mr. Mayor: All in favor of the motion that’s on first reading, please vote in the
affirmative.
Mr. Williams votes No.
Mr. Mays out.
Motion carries 8-1.
Mr. Mayor: So that will be back on the agenda at the next meeting for the second
reading. Mr. Shepard, you wanted [inaudible].
Mr. Shepard: [inaudible], Mr. Mayor.
Mr. Mayor: The next item we’ve got is to approve the retirement of Mr. Tillman
Wilson under the 1977 Pension Plan.
Addendum item 3. Motion to approve the retirement of Mr. Tillman Wilson under
the 1977 Pension Plan.
Mr. Williams: So move.
Mr. Shepard: That motion needs to be to add and to approve.
Mr. Mayor: To add and to approve.
Mr. Williams: So move.
Ms. Sims: Second.
Mr. Mayor: Motion and a second. All in favor of the motion, please vote with
the usual sign.
Motion carries 10-0.
Mr. Mayor: Now we have a property issue, is that right?
Mr. Shepard: That’s correct.
Mr. Mayor: Okay.
Mr. Shepard: Mr. Mayor, if I could?
Mr. Mayor: Please continue.
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Addendum item 4. Motion to approve the conveyance through the Land Bank of
2.7 acres at #2 Milledge Road to Gospel Radio, Inc.
Mr. Shepard: I would ask the Commission for a motion to approve the
conveyance through the Land Bank --
Mr. Mayor: Add and approve.
Mr. Shepard: Add and approve a conveyance through the Land Bank of 2.7 acres
at #2 Milledge Road to Gospel Radio, Inc. for the value of the real estate and not the
improvements and that the structure of the transaction be approved by the administration
and the Attorney to pay the City’s interest at closing through either cash or by second
mortgage and promissory note.
Mr. Williams: So move.
Mr. Cheek: Second.
Mr. Mayor: Anybody want the motion repeated? Any discussion? All in favor
then please vote with the usual sign.
Mr. Mays out.
Motion carries 9-0.
Mr. Mayor: Anything further, Mr. Shepard?
Mr. Shepard: No.
Mr. Mayor: We’ll entertain a motion to adjourn.
Mr. Cheek: So move.
Mr. Williams: Second.
Mr. Mayor: We’re adjourned without objection.
[MEETING ADJOURNED]
Lena J. Bonner
Clerk of Commission
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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 June 1, 2004.
______________________________
Clerk of Commission
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