HomeMy WebLinkAbout08-03-2004 Regular Meeting
REGULAR MEETING COMMISSION CHAMBER
August 3, 2004
Augusta Richmond County Commission convened at 2:10 p.m., Tuesday, August
3, 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; Fred Russell, Interim Administrator;
Lena Bonner, Clerk of Commission.
The Invocation was given by Rev. Matthew Nelson.
The Pledge of Allegiance was recited.
RECOGNITION:
Commissioner Marion Williams has been appointed to serve on the Municipal
Training Board as representative from District Seven.
RESOLUTION:
Resolution of support of the Augusta Pfizer Plant. (Requested by Commissioner
Barbara Sims)
PROCLAMATION:
Mr. Michael Simmons
Executive Director Augusta Weed and Seed
CONSENT AGENDA ITEMS:
PUBLIC SERVICES:
1. Motion to approve a request by Grace H. Smith for a Therapeutic Massage
License to be used in connection with Paradise Island Day Spa located at 210-F
Robert C. Daniel Parkway. District 3. Super District 10. (Approved by Public
Services Committee July 26 2004)
2. Motion to approve a request by Daniel T. Perry for a Sunday Sales License
to be used in connection with D. Timms Jazz Café, LLC located at 302 6th Street.
There will be Sunday sales. District 1. Super District 9. (Approved by Public
Services Committee July 26, 2004)
ADMINISTRATIVE SERVICES:
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3. Motion to approve the reprogramming of $76,895 in Community
Development Block Grant (CDBG) funds for the Utility Connection Hardship
Project. (Approved by Administrative Services Committee July 26, 2004)
4. Motion to approve an Ordinance providing for the demolition of certain
unsafe and uninhabitable properties in the South Richmond Neighborhood: 2664
Teakwood Drive (a/k/a 3702 Beacon Hill Drive), (District 4, Super District 9);
Bethlehem Neighborhood: 1617 Mill Street, 1713 Savannah Road, 1711 Savannah
Road, (District 2, Super District 9); Turpin Hill Neighborhood: 1706 Meadow
Street, (District 5, Super District 9); and waive 2nd reading. (Approved by
Administrative Services Committee July 26, 2004)
PUBLIC SAFETY:
5. Motion to approve and sign additional Software License Agreement with
New World Systems, Inc. for the software and services to implement the Data
Analysis and Crime Mapping module. (Approved by Public Safety Committee July
26, 2004)
FINANCE:
6. Motion to approve a request from Douglas Batchelor and Darren Meadows
regarding an abatement of personal property taxes for Bank of America, N.A.
subject to completion of real estate transaction. (Approved by Finance Committee
July 26, 2004)
7. Motion to approve the abatement of taxes on County-owned property.
(Approved by Finance Committee July 26, 2004)
8. Motion to approve the request from the Suburban Fire Company, Historical
Preservation Society (Augusta, Ga.) for the donation of the retired 1963 Mack
Thermodyne Fire Engine subject to the Attorney working out the exchange.
(Approved by Finance Committee July 26, 2004)
9. Motion to approve the purchase of 36 video cameras from Kustom Signal for
a total purchase amount of $125,496 and installation at $7,200.00. (Approved by
Finance Committee July 26, 2004)
10. Motion to approve Bank of America for providing banking services for
Augusta, Georgia. (Approved by Finance Committee July 26, 2004)
11. Motion to approve resolution for budget amendment regarding flood buyout
of one (1) additional home (469 Boy Scout Road), miscellaneous expenditures
relating to property acquisition and approval of final budget for HMGP Grant.
(Approved by Finance Committee July 26, 2004)
ENGINEERING SERVICES:
12. Motion to accept Deed of Dedication of streets, etc. in the Barefields
Subdivision Section Two. (Approved by Engineering Services Committee July 26,
2004)
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13. Motion to approve Change Order Number Six with Beams Contracting in
the amount of $97,867.50 for repairs to collapsed corrugated metal pipe at the
corner of Kentwood and Ashley Drives on the ARC Drainage Improvements, Phase
I Project (CPB # 323-04-201823101) to be funded from SPLOST Phase II Recapture
(Account # 292822333/6011110). (Approved by Engineering Services Committee
July 26, 2004)
14. Motion to approve the engineering award for the Meadowbrook Drive Sewer
Project to OneSource Development, LLC at a cost of $126,800. (Approved by
Engineering Services Committee July 26, 2004)
15. Motion to approve award for construction of the Kissingbower Road Phases
IV and V Water and Sewer Improvements Project to Blair Construction, Inc. who
submitted a low bid of $1,633,317.92. (Approved by Engineering Services
Committee July 26, 2004)
16. Motion to authorize condemnation of a portion of Tax Map 52, Parcel 2.02,
which is owned by Kenneth McCumbers, for an easement in connection with the
Butler Creek Collector – Belair Hills Estates Project, more particularly described as
14,356.14 square feet, more or less, of permanent utility easement and 7,990.71
square feet, more or less, of temporary construction easement. (Approved by
Engineering Services Committee July 26, 2004)
17. Motion to approve Change Order Number One with Tommy L. Griffin
Plumbing in the amount of $221,200 on the Butler Creek Interceptor Project for the
Powell Road Culvert Replacement to be funded from the Powell Road Culvert
Project (CPB # 323-04- 203823336). (Approved by Engineering Services Committee
July 27, 2004)
18. Deleted from consent agenda.
19. Motion to authorize condemnation of a portion of Tax Map 213, Parcel
13.01, which is owned by Jefferson Electric Membership Corporation, for an
easement in connection with the GWTP #3 20” Water Main Project, more
particularly described as 856.34 acre, more or less, of permanent utility easement
and 817.65 acre, more or less, of temporary utility easement. (Approved by
Engineering Services Committee July 27, 2004)
20. Motion to authorize the execution by the Mayor of an easement conveying an
easement across the new fire station parcel to the Augusta Utilities Department for
the installation of a sanitary sewer line across Flowing Wells Road. (Approved by
Engineering Services Committee July 27, 2004)
21. Motion to grant a Construction and Maintenance Easement to Department
of Transportation at Davis Road and I-20 Ramps I & J. (Approved by Engineering
Services Committee July 27, 2004
22. Motion to approve Lease Extension Agreement between Augusta, Georgia
and Capstar Radio Operating Company. (Approved by Engineering Services
Committee July 27, 2004)
PLANNING:
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23. SA-41 – A request for concurrence with the Augusta-Richmond County
Planning Commission to approve an amendment to delete Section 202 G & H and
add a new Section 203 of the Subdivision Regulations for Augusta-Richmond
County pertaining to performance guarantee and irrevocable letter of credit.
(Approved by Commission July 21, 2004 – second reading)
24. ZA-R-165- A request for concurrence with the Augusta-Richmond County
Planning Commission to approve an amendment to Section 3-12(s) of the
Comprehensive Zoning Ordinance for Augusta-Richmond County to eliminate the
special setback on that portion of Wrightsboro Road that is not affected by the
proposed widening project and is presently five or more lanes. (Approved by
Commission July 21, 2004 – second reading)
PETITIONS AND COMMUNICATIONS:
25. Motion to approve the minutes of the regular meeting of the Commission
held July 21, 2004.
ENGINEERING SERVICES:
26. Award Consultant Services Agreement to Khafra Engineering Consultants, Inc.
in the amount of $68,820 for the Wilkerson Garden Drainage Improvement Project
(CPB#323-04-204823525) to be funded from the project engineering account.
Ms. Sims: I so move that we approve the consent agenda with the deletion of
item 9 and the addition of item 26.
Mr. Cheek: Second.
Motion caries 10-0. [Items 1-8, 10-17, 19-26]
18. Motion to approve request from Mabus Brothers Construction Company,
Inc. for payment in amount of $7,856.92 for repair of water line break on the
Warren Road Improvement Project (CPB # 323-04- 296823314) (Approved by
Engineering Services Committee July 26, 2004)
Mr. Doug Cheek: -- he told me he felt it was related to, he felt the milling
operation that occurred in this location, which it’s a construction-related activity, that
they were milling down the pavement in order to get a grade right. And I guess he
assumed that he had to repair it. We did not feel, the Utilities Department did not feel
that it was as related to our responsibility to repair it so we did not move our forces in to
repair it and Mabus Brothers did repair it. There’s been some discrepancy about who
actually directed them to pay it, and it being the contract was actually with Public Works,
we wouldn’t direct Mabus Brothers to repair it, and so they repaired it. And then I think
they sought payment for that repair. And that’s why it was on the agenda.
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Mr. Mayor: Mr. Williams?
Mr. Williams:
Mr. Mayor, I’m going to approve, make a motion that we approve
this to get it on through here, but I think there’s a serious problem now. We are spending
somebody else’s money. Somebody in the field getting paid either not calling shots or
calling shots they shouldn’t be calling. I don’t want to hold this, this company up, but
this is not the first time this done happened. It happened many times before. We get a lot
So
of slack about the tax money that we collect up here and how we’re spending them.
I’m going to make a motion we approve, Mr. Mayor, but with some kind of
instruction given to those department heads or those in those positions to not just
take it upon themselves and not contact our people cause we may have, we may have
done this in-house.
From what I’m hearing we’ve done did this type work before, so
I’m going to let it go on by this time, Mr. Mayor, I don’t think we ought to – the horse is
already out the barn. You can tear the fence down now if you want to. It’s almost too
But my motion is to approve it, with something to be added to the agenda to
late.
talk with the department heads, these people that making these kind of decisions.
Mr. Cheek: Second.
Mr. Mayor: Okay, the motion has been seconded. Mr. Boyles?
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Mr. Boyles: Thank you, Mr. Mayor. Since this is in the 7 Commission District,
I do know a little bit about it. I was called early that morning when the water was off
again at Warren Road and there were 200-something young children at Warren Road
gym. This break is right at the entrance to Warren Road gym. They had no restrooms,
no water, day camp had started, all the activity that goes on in the park, plus in the
neighborhood that was shut down, so I just appreciate somebody getting in there on top
of it and fixing it. That’s the background on it, because I had the calls on it.
Mr. Mayor: Mr. Williams?
Mr. Williams: Yes, sir, thank you. To Mr. Boyles, I understand what you’re
saying. When a catastrophe hits or something breaks, I mean – and I wouldn’t want
anybody to suffer, but we’ve got people that we pay to do the same kind of work, that
same type work, and Mabus had to get a crew out there that morning, we could have got a
crew out there that morning. That dog won’t hunt. That’s not good enough. If it was
already there and you saying well, somebody instructed them to go ahead and do it cause
they was on the scene, that may be another situation. But you know, even though the
school is there. If you look at threatening situation, every one you look at is going to be
[inaudible] because of people and circumstances. And I just think we got to be mindful
of the money we spending and we got people in house who can do a lot of this work. We
outsourcing a lot of people money in this government.
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Mr. Boyles: I think somewhere in the backup information, I thought it said that
Augusta Utilities arrived at the site between 7 a.m. and 8 a.m. and turned the water off in
the area to stop the leak, by noon the repair had been made, including backfilling and
paving, and that’s in the backup information.
Mr. Williams: Yes, sir, that’s why I say if the Augusta Utilities is, cut the water
on, and I think that’s what Mr. Cheek said, that they was there, why couldn’t our forces
have done it? I think we wasting a lot of time. We could [inaudible] Mr. Mayor, I’m just
trying to let Mr. Boyles know I’m not, I’m not fighting this. But too many time we done
gave direction now. I’m the, probably the first person who was accused of
micromanaging in here and I, I respect that title. I think that we ought to, ought to be
stewards of whatever going on, but I mean if Mr. Boyles gave the direction, and I’m not
saying you did, Tommy.
Mr. Boyles: I never gave directions, I was not there, no.
Mr. Williams: Anybody should notify our folks. We got people there to do it.
Mr. Boyles: The backup says our folks were there.
Mr. Mayor: Well, the –
Mr. Boyles: If there is a breakdown in communication, there is a breakdown in
communication as well.
Mr. Grantham: Call the question.
Mr. Mayor: Let’s move along if we may. Any further discussion?
Mr. Mays: Yes, Mr. Mayor.
Mr. Mayor: Mr. Mays:
Mr. Mays: I think the motion is a good one to approve it. I voted for it in
committee and I’m going to vote for it here today. But I do think there is a slight
fundamental procedure gap in what occurred. And I’m going to say the same thing I said
in committee the other day. I’m glad it’s a $10,000 problem that was worked out to a
$7,000 problem, and not a million dollar problem or a $100,000 problem. Now I’ve
heard Utilities was notified, I’ve heard the Commissioner from that District was notified.
That’s good. Cause I, I came in on one the same way that water was shut off at May Park
for a whole day and didn’t get turned back on, in a situation that happened. So I’m glad
they went out there and repaired it. But there’s a gap in here that I think needs to be
addressed another day, another time. And what that is, is that if Public Works – I’m not
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even concerned about who did the repair – it could have been our forces or it could have
been the contractor, as long as it got repaired. My problem is that if Public Works – and I
said this in the committee – either they needed to have been called or somebody needs an
alarm clock for Christmas. That’s exactly what I said. Because in that gap, they were
able to work this one out and there’s no argument about it. But if that’s the department to
do it, then somewhere in there on their part we do not need work being done on projects
and then folk going back working them out on a price after they are done. We just went
through a situation right there on Warren Road recently with sidewalk situation, what
happened when two governments didn’t talk to each other. You got a situation here to a
point of where one [inaudible] department that wasn’t handling it but the one that was,
was not dealing with it. And then it was said the work that was done was too much.
Well, then, suppose the company had said, you know, we don’t want to work it out?
$10,000 saved us, because it’s small. If the department knew and it wasn’t the side that
was handling it, and I think out of good courtesy and coordination I’m glad the
Commissioner was notified for that area. But if Public Works was to deal with it, Public
Works either should have been out there on the scene, making a decision of at least an
evaluation of what the project was going to cost. Not fixing it, covering it up, and then
deciding to come to a compromise on what the price should be. Because see, you’re
getting by with it today. Everybody is. We say that’s good, everybody’s happy with it.
If this were ten times that size, a company in their right mind wouldn’t walk away from it
and say this is okay, we did you a favor. Somebody within our camp needs to deal with
that, and I think it’s the right thing to do to pass the motion, but I think for the future if
we’re going to make decisions like that they need to be made ahead of time. And who
makes them doesn’t make this Commissioner any difference as to who fixes it, as long as
it gets fixed. But we shouldn’t be in an after fact position of determining what a project
was going to cost after it’s been fixed, it’s been covered over, paved, and then you’re
trying to make a decision that should have been made going in. Whether we made it or
whether the company made it. Somebody should have been on the scene to make that
decision and say hey, the rough cost of this is going to be X number of thousands of
dollars, we’ll fix it or you’ll go and fix it, but not after the hole is closed. And that’s the
point I was making in committee. This one is $10,000. It gets by. If it’s a million, you
got a problem. And I think that’s where some procedure needs to be jacked up and to a
point of where whoever is in charge of dealing with it and calling that shot needs to make
it.
Mr. Mayor: Anything further? We have a motion to approve this. All in favor,
please vote with the usual sign.
Motion carries 10-0.
Mr. Mayor: Item 27, Madame Clerk.
The Clerk:
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PETITIONS & COMMUNICATIONS:
27. Receive as information communication from the City of Hephzibah
regarding possible zoning change on Ga. Hwy 25 from Wilson Road south to Mims
Road.
Mr. Mayor: Is Mr. Patty here? George? You’ll see in the backup the letter we
received from the City of Hephzibah. Mr. Patty, I think you can kind of explain what’s
going on.
Mr. Patty: Yes, sir. There is an application in Hephzibah [inaudible] to do some
development on Peach Orchard Road between Wilson Road and Mims Road, which I
think is opposite a golf course out there. And what this applicant wants to do is develop
112 acres of single-family residential, 324 total lots, and 22 acres of neighborhood
business, which would be ten commercial lots. And we are parties to a service, Service
Delivery agreement, that was mandated by the Planning Enabling Act of 1989, which we
signed, and one part of that agreement is that we’ve got a side agreement that we’ve got
to notify them or they’ve got to notify us anytime there’s a zoning application within
1,000 of our common boundary. And that’s why they notified us. We’ve got ten days
from the date we receive the letter to respond and that would mean we’ve got to respond
by Friday. And the issue before us is whether or not this is an incompatible zoning
classification. Now there is a side issue that Doug Cheek may want to talk about, and
that’s who would provide utilities. And of course, they can’t do this project without
public sewer, and Hephzibah cannot provide the public sewer. That would have to come
from us and it would have to be a lift station. The issue is if we do that, if we allow them
to do that and give it to us, our past history I guess is we’ve gotten the water service to go
along with it, and in this case that would be within Hephzibah’s water district and another
provision of the service agreement is that we’ve got maps that we agreed upon, we signed
agreements that these would be our service areas and anybody crossing [inaudible] that
would take a revision or amendment to those maps in order to do that so there’s some
side issues here but the main thing that we need to know about today is the compatibility
of the zoning. And my comment to the Mayor was, when he asked me about it, was you
could easily say this is urban sprawl and it probably it, but, you know, it’s an area that
there’s going to be development. The road is being widened, you’re going to have
commercial development. The lots are relatively small, 1/3 of an acre lots, but we’ve got
development like that going on in Richmond County in that vicinity. So that’s the
question before you.
Mr. Mayor: Doug is here. Doug, can you speak a little bit to the utility issue of
this? This may have some bearing.
Mr. Cheek: Yes, sir. We were notified by the developer in December of ’03 and
we sat actually in the Public Works/Maintenance conference room and discussed
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generally what they were proposing to do, which they didn’t really have a full
understanding of what they were [inaudible] do, but they basically want to do a
combination commercial and residential type development. The – like Mr. Patty
mentioned, the same with the zoning issue, we also have that delivery strategy with water
and sewer. And we do have – that is not within our service district. If you travel down
U.S. 25 and just south of 88, the right side, if you are headed south, the right side is
Hephzibah’s, the left side is the City of Augusta’s. As Mr. Patty mentioned, they do not
have the capabilities of being able to provide gravity flow sewer or really I don’t think
they want to have pressured sewer into their plant, which is not really geographically
located to where it could handle it and I don’t think [inaudible] size. There’s a couple of
issues we have. We wrote a letter back to the developer and outlined those issues and we
hadn’t heard from them since December of ’03. We did recommend that we sit down and
discuss the issues because they involve the City of Hephzibah and we want to be
respectful to them and not give the impression that we were trying to hone in on their
area. I have spoken with a representative from the City of Hephzibah and they indicated
that they were not willing to give us that as a water service area. There’s a lot of
revenues associated with that. So there’s that issue of how would you deal with the
sewer. So I mean we can – there are a lot of issues that would take a number of minutes
to discuss them and they’re fairly involved. This is what we call basin jumping, which is
– it’s not illegal, it’s not impossible, it’s not recommended, but it is basin jumping with
gravity flow. There’s about a 40’ difference in elevation so you’ve got to pump it over
the hill there to get it into the next basin. Why that’s an issue is typically you do not
design a gravity flow sewer system which we prefer to have to withstand another basin.
That’s just really not the way you engineer it. We are in the process of doing a model of
this area to see if it could handle it, an estimated 300 gallons per minute, which is a
million gallons a day, and that’s a peak flow. We just built the sewer that this would go
to, which actually feeds the [inaudible] subdivision, but it was designed to handle the
300+ acres on the east side of U.S. 25, which is about 300 acres of undeveloped land at
this time. Once again, as Mr. Patty mentioned, it’s fully expected that that will develop at
some time and that’s the way the system was designed. I don’t know if I’ve said too
much or not enough.
Mr. Mayor: The question before us today, Mr. Shepard and Mr. Patty, I guess, is
with respect to whether we concur or object to the zoning. And there’s no commitment
being made. If the Commission does not object to the zoning, there’s no commitment
made by this Commission, implied or otherwise, with respect to the provision of utilities
– is that – they’re two separate issues; is that right? Or are we forced into this utilities
matter by going along with the zoning?
Mr. Patty: No. What, you know, the issue before you today is this an
incompatible zoning classification? And I would suggest to you it is not. Although it
takes with it this utility issue, which I think you’ve got some time to resolve.
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Mr. Mayor: Mr. Shepard? Madame Clerk, would you clear the [inaudible]?
Mr. Shepard: Could we not make a surcharge [inaudible] since it will be extra-
territorial, outside the [inaudible] inside Richmond County? What about a surcharge that
would be on that area of development to accommodate the lift station and any other
[inaudible] would not be normal inside the regular service district?
Mr. Cheek: That was one of the options that needed to be discussed with the
developer. And by us not receiving any sort of response to our letter, we didn’t know if
the development was moving forward. That was one possibility. And just for the record,
I guess, or just to make certain we all understand, is typically the sewer, the sewer is
usually always determined by the water consumption. So not only would there be that
issue of who do they pay, do they pay Hephzibah and Hephzibah pays us, do they pay us
and then we pay Hephzibah for the water? So there’s that issue. But it can be resolved.
We have agreements like that with adjoining counties now.
Mr. Shepard: Mr. Mayor, and I’ll think out loud here for George and myself,
what about passing it subject to there being satisfactory financial arrangements for
extending the sewer to this location?
Mr. Mayor: Well, we don’t actually – the City of Hephzibah is going to act on
the zoning. We’re [inaudible].
Mr. Shepard: We’re not going to object, is my point.
Mr. Mayor: [inaudible]
Mr. Shepard: Non-objection conditionally so that we would recover the
appropriate additional costs.
Mr. Patty: If you do object, under this agreement, there’s a 10-day, there’s a
mediation period. And the next step would be to go to some form of mediation with
Hephzibah, meet with them and talk about it, and you might want to do that. But as far as
the zoning, you know, I just don’t see that there’s a problem with that.
Mr. Shepard: I haven’t, Mr. Mayor and members of the Commission, I haven’t
heard that we’ve had the developer come back to us, nor the City of Hephzibah; is that
correct? And the mediation would resolve it. That would force it into a talking stage. So
could we not – if we objected, that would automatically revert to mediation?
Mr. Patty: Yes, you’d be asking for mediation if you object.
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Mr. Shepard: And I think we ought to be put it if the policies, if the governing
authority so desires, make it clear that we are objecting only to get to the mediation, not
that we’re objecting for lack of – for opposition to the development.
Mr. Mayor: Okay. Mr. Cheek?
Mr. Cheek:
Thank you, Mr. Mayor. This is – to me it seems like two separate
issues. We’ve got to look at the compatible land use, and I don’t see -- knowing that area
-- I don’t see any conflict there. I think we should approve that and send it back to
Hephzibah and the developer. The second part of this, this is significant homes
potentially to be added to the tax base in Augusta, as well as additional revenue. Yes,
there’s some cost to us for installing sewer lines, and yes, there are some things staff has
to work out. They’ve done it before. But we don’t need to stand in the way of these
types of potential developments. We have -- our neighbors in Columbia County and
other places are steadily building homes, attracting people, while we’re tearing down and
I’m
not building on a level compatible with that. We need to go ahead and pursue --
going to make a motion to that effect, that we approve this land use and zoning
change and also ask that staff come back with a report when the developer and
Hephzibah have come back to the table to discuss the sewer, to make the
Commission aware of any arrangements or agreements that have been made.
I
strongly feel that while we need to be cautious, and I’ve been an advocate of smart
development since I’ve been here, we do need to be about the business of developing and
building homes in Augusta Richmond County. And here again, this is a significant
development. I only wish we had more of them brought to the table.
Mr. Williams: I second that motion, Mr. Mayor.
Mr. Mayor: Motion and a second. Further discussion? Mr. Boyles?
Mr. Boyles: Thank you, Mr. Mayor. Didn’t this come up yesterday when we
were out at Blythe, Mayor Atkins brought this up yesterday? And they talked about us
needing to bring the sewer in and they were going to use some of their sales tax money to
run the water lines down? It sounded like they were just probably waiting for an
opportunity to talk to us with the, with the sales tax proposition. I think we ought to -- I
personally think we ought to support them for the reasons that Mr. Cheek said.
Mr. Mayor: Mr. Williams?
Mr. Williams: Thank you, Mr. Mayor. I think we going get to the table, either
way we do it, but I think the right thing, the smart thing to do would be to approve it, to
let them know we are for growth and we are for what they are trying to do. It’s going
help both entities. But to turn it down or to say we’re not approving it because we need
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to talk I think it going to get to a talking level anyway, so I second that motion and I’m in
full support. I think we need to vote on the motion.
Mr. Mayor: Is there anything further? All in favor then please vote with the
usual sign. Mr. Patty, how would we communicate this legally to Hephzibah? Do we
need to write a letter to them?
Mr. Patty: You really don’t have to do anything. The ball’s in our court to say
we do object. And if we fail to do that, then it goes forward after Friday.
Mr. Mayor: Thank you. Thank you, Mr. Patty.
Mr. Hankerson out.
Motion carries 9-0.
Mr. Mayor: Item number 28.
The Clerk:
28. Discuss communication from the East Central Mental Health Development
Disabilities and Addictive Diseases Regional Board regarding the resignation of two
of Augusta-Richmond County appointees.
Mr. Mayor:
Is the Commission prepared for an election for replacements today?
Do you prefer to carry this over and think about it for
Do we have any nominations?
a couple of weeks?
Mr. Williams: I make that motion, Mr. Mayor.
Mr. Colclough: Second.
Mr. Mayor: Motion and a second to carry this over to our next meeting. Any
discussion? All in favor of the motion then please vote with the usual sign.
Mr. Cheek and Mr. Hankerson out.
Motion carries 8-0.1
Mr. Mayor: The next item is number 29.
The Clerk:
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29. Update from the Administrator, Attorney, Planning and Historic
Preservation Commissions regarding the closing of and the historic brick removal
from Leon Alley. (Requested by Commissioner Marion Williams).
Mr. Mayor: Mr. Williams, you asked for this. I don’t know if all the
representatives from the agencies are here, though.
Mr. Williams: Yes, sir, Mr. Mayor, I asked for this to be placed on the agenda to
find out what the HPC and our administrator and even Planning & Zoning had to, to say,
or have they checked into what has actually happened. You seen the news articles, you
heard the reports about the historic brick and the gate on Leon Alley that’s in place there.
If there is a public right-of-way, and if there’s not, I need to know first of all that, Mr.
Mayor, and if it is a public right-of-way, have we continued to allow the gate to stay
there? That’s my first question.
Mr. Mayor: Let’s ask the attorney. I think he may have some information on it.
Mr. Shepard: Mr. Williams, I’m a little surprised not to see Mr. Simon here
today, because when he was here last week he had his plat and his maps and everything
and I reminded him that that was not the time that this body was going to take this matter
up. I said we would take it up today. It is, it is a public alley. I think that technically
there has been a trespass to the City’s property. That of course is a remedy that is civilly
looked at as being some figure in damages. The possible remedies would be to return the
cobblestones and re-pave the alley with that. Certainly the company, I don’t remember if
it’s Azalea Limited Partnership – it’s one of those entities that they have organized for
the renovation of those buildings – and particularly the placement of a parking lot over
there certainly they and their contractor, in my opinion, would be responsible for the
trespass and damages. Like I say, I thought I would see Mr. Simon today. I don’t.
Would you like me to make a telephone call and see if I can get him over here?
Mr. Williams: Not necessarily, not necessarily. I’m not worried about Mr.
Simon. I’m worried about our forces. We got people that’s under this body. Mr. Simon
represent the other side. I’d like to know what our folks have found out. You as the
attorney making a statement to saying that it is a public facility, the gate is still there, the
cobblestones need to be replaced, then we need to pursue from that. Now Mr. Simon can
come in as defense, but I don’t really need to hear from him now. I don’t want to
[inaudible].
Mr. Shepard: I wanted to try to just resolve it today, Mr. Williams, and that way
if we talk and like I say, I was surprised that I don’t see his representative. But in my
opinion there would be a trespass and damages.
13
Mr. Mayor: Do you have a recommendation, Mr. Shepard, as to moving forward
from this point?
Mr. Shepard: I would recommend that you authorize me to demand that
they re-open the right-of-way and replace the cobblestones,At their
Mr. Williams.
expense.
Mr. Williams: Now let me ask a question. If that was Andy Cheek that put that
up, would you ask him to take the fence down or would you take it down?
Mr. Shepard: I would ask him to take it down.
Mr. Williams: You would ask him? I wanted to do the same thing we do for
Andy Cheek if that had been him.
Mr. Shepard: Well, he put it there and I don’t think the public should not go to
the expense of removing it.
Mr. Williams: I’m just asking the question.
Mr. Shepard: Unless he refuses, Mr. Williams.
Mr. Williams: Understand, I’m just asking the question, Mr. Shepard.
Mr. Shepard: Yes, sir.
Mr. Williams: We’re on the same team this afternoon. I’m just asking the
question.
Mr. Shepard: Yes, sir.
Mr. Williams: And you would ask Andy to take it down. So I think we need to
ask them to take it down. But I don’t think we need to let them take their time. We need
to give them a time to take it down, I think is the right way to do it. And the HPC, we
heard a lot of stuff, I heard a lot of stuff on HPC about historic and what, what was so
important to this city and how we, we need to observe that and preserve it. And I hadn’t
heard anything from anybody from their board. I asked Ms. Bonner to contact them. Ms.
Bonner, did you hold to anybody from HPC?
The Clerk: I notified Mr. Patty.
Mr. Williams: Okay, Mr. Patty, maybe you can address that.
14
Mr. Patty: Well, they certainly didn’t approve it. At least knowingly they didn’t
approve it. Let me explain to you what I mean. They went to, they applied for a
certificate of appropriateness in April of ’02, and in May of ’02 the HPC approved them
demolishing a shed, not the main building they wanted to demolish, but a shed. They
came back in September of ’02 to reconsider and at that time the HPC did approve them
tearing down the building that they have since torn down, and the HPC was totally
focused on them tearing down that building and they knew that the post-demolition plan
was to build a parking lot. But at not time did they – and I’ve got their application here
to the HPC, which I’ll pass around if you want to look at it, but that’s all that it said was
tear the building down and build a parking lot. But the plan that they had at the time is,
you know, putting all the cards on the table. It was prepared by Nick Dickenson and did
show them building the gate, moving the cobblestones, and I think I’ve marked it in
yellow, passed it around, and it also showed – at the same time it showed that was a
public alley. [inaudible] of course the HPC had no right to approve them doing that, and
that was not part of their consideration, although it was on the plan.
Mr. Williams: Then the plan was submitted to Planning & Zoning; is that right?
Mr. Patty: Submitted to me as secretary of the Historic Preservation Commission.
This was not the plan, this was not the site plan that was submitted later to do the actual
work, and that was submitted in March of ’04, and that site plan, which was done by a
different engineer – that was done by Cranston, Robertson, Whitehurst, and I’ve got it
here if you want to look at it – didn’t show any of that. It did show – it didn’t show the
gate, it didn’t show the removal of cobblestones. It did have a statement on it that the
granite cobblestones to be removed by contractor and staked on site. That was a very
small footnote and you know, this plan was sent out to all the review agencies, Public
Works, Utilities, everybody, and I don’t guess anybody caught that or knew what it
meant, if they did. But the plan, the site plan that was approved that allowed them to do
the construction did not indicate that any of this was going to happen.
Mr. Williams: Let me refer back to my attorney. What’s your legal aspect of
this, Mr. Shepard? Mr. Plunkett?
Mr. Shepard: I’ll have to speak for Shepard.
Mr. Williams: All right.
Mr. Shepard: The same recommendation, Mr. Williams, that they – they have not
obtained title to this alley. There are procedures for doing that. You’ll find out about
that in legal today again, and so my recommendation remains the same. And it’s – they
did not take title anywhere that I can find, George. They did not take title to Leon Alley,
the property known as Leon’s Alley.
15
Mr. Williams: That’s all, Mr. Mayor.
Mr. Mayor: They didn’t receive from any permission to go on the property and
do any work, no easements or anything like that?
Mr. Shepard: Not that I saw, Mr. Mayor.
Mr. Mayor: Okay. Mr. Cheek?
Mr. Cheek: Thank you, Mr. Mayor. I’m not going to belabor this point very
long, but I would like to say that it’s my understanding that these 100 year old
cobblestones were going to be removed and used for aesthetic improvements to the
parking lot that they were going to build. I would how we would treat someone within
the community if they lived next door to a park and decided they wanted a bench that was
sitting over there or the slide for their kids and they decided to pull it up and use it in their
back yard and take it off the public property without permission, and I would hope that
we can either resolve this as a communication problem or that there was – I don’t know
how you would say anything but a deliberate attempt to remove these cobblestones and
then use them for private use, them being public property is something that we’ve seen
written up many times in the paper as inappropriate, so I would hope that we would
pursue correcting this action, just like we would for any other citizen in this city. It’s
inappropriate for people to take public property and put it into private use. Based on my
reading of the stories related to this, knowing the cost of paving stones, this would have
been a significant savings to the improvements on that lot and at the expense of
something less aesthetically pleasing and historic in nature for the people of this city, and
it’s just plain wrong, and if it’s done deliberately it’s just plain arrogant, and that’s a
shame.
Mr. Mayor: Would someone like to make a motion to instruct our attorney what
action this body would like to see?
Mr. Williams: So move, Mr. Mayor, I make that motion that the Attorney
have already advised us the way we should handle this and let us proceed in that
manner.
Mr. Mayor: Did you want to set a deadline? You mentioned that.
Mr. Williams: Yes, sir, I would like to give the – ample time to do this. I
mean I don’t want to enforce something that unfeasible to do, but we’ll let the
Attorney come up with a reasonable amount of time to [inaudible] that. And the
gate, I don’t think we need no time for that, Mr. Mayor.
I mean that’s one thing.
That ought to come down right away. But the other stuff that’s got to be returned need to
be done.
16
Mr. Mayor: Is there a second to that motion?
Mr. Cheek: Second.
Mr. Mayor: Further discussion?
Mr. Mays: Yes, Mr. Chairman.
Mr. Mayor: Yes, Mr. Mays?
Mr. Mays:
Mr. Mayor, I’m sorry, if the maker of that motion would accept a
friendly amendment, and this is to follow up on something that the Commissioner from
District 6 has asked for on more than one occasion. I think while we’re researching that
issue, there is something we might as well go on and clear the whole thing up. Andy has
asked on more than one occasion as to the status of the completion of this parking lot,
what was to be done, what was done with the compromise that was reached with Historic
Preservation, and for all of the great things that were to be done once the building was
torn down. Now the, the alley and the bricks are just one issue. I know at least on three
occasions Andy has asked where was this moving, when were they going to come back to
And I kind of would like for, in the process of
us, what was the status of this situation?
the going back to check on that part of it, to also see where they are with the time
table at which they agreed with the Commission with those things to be done,
because that was a part of our agreeing to overrule what Historic Preservation had
done, was based on the plans that they brought back to us that they were going to do
and were going to make the historic blend be a part of the parking lot and part of
the aesthetic beauty of that portion of Reynolds Street.
So there’s a issue that’s even
bigger than what they were supposed to do on that one, too. And so far, the only thing
that’s been done is what we picked up basically in the report and of knowing, you know,
that the property per se basically unless we had not had good records, was almost being
told to us that the property no longer belonged to the City of Augusta period that was
adjacent to it. So I think it’s about time that that whole issue gets cleared up. Because if
it was anybody else’s situation, it would be being dealt with differently. And I think it
ought to be treated the same way.
Mr. Williams: I’ll allow that amendment, Mr. Mays, if the person that
second the motion will agree to it.
Mr. Mayor, I’d like to make one comment, if I
might.
Mr. Mayor: What is that, Mr. Williams?
Mr. Williams: And we may have to discuss this at a later time. But there’s an
issue with the people on the streets on Sundays with the newspapers and the stuff that’s
17
left over on those mornings. Now if I need to take that to another [inaudible] I can do
that [inaudible].
Mr. Mayor: That’s not related to this item.
Mr. Williams: I understand. Do I need to take that to – is that a legal? What do I
need to do, Mr. Mayor?
Mr. Mayo: We might ask the attorney.
Mr. Shepard: What are you referring to?
Mr. Williams: I’m referring to the litter that’s been left on the street after this, the
sales on Sunday.
Mr. Shepard: The salesmen, the newspaper?
Mr. Williams: [inaudible]
Mr. Shepard: That would be littering, Mr. Williams, I would think.
Mr. Williams: [inaudible] this agenda item here, so I need to take to legal. Can
we talk about it?
Mr. Shepard: You can or you can report it as a violation and it can be handled in
Magistrate Court.
Mr. Williams: Okay, Mr. Shepard, how about reporting that as a violation and
handling in Magistrate Court, if that’s what it takes? It’s a nuisance to the community, all
over this community. On Mondays, I think the –
Mr. Mayor: Let’s dispose of this motion, Mr. Williams. Then we can get into
another issue. One issue at a time, please.
Mr. Williams: All right.
Mr. Mayor: And I don’t disagree with you that it’s not – it is a problem. All in
favor of the motion then please vote with the usual sign.
Mr. Smith and Mr. Hankerson out.
Mr. Boyles abstains.
Motion carries 7-1.
18
Mr. Mayor: The next item is number 30.
The Clerk:
30. Discuss scheduling an Economic Development Summit. (Requested by
Commissioner Andy Cheek)
Mr. Mayor: Commissioner Cheek?
Mr. Cheek
: Thank you, Mr. Mayor. First let me say that I’m aware of many
different groups in this city that are working very hard to do the job that they’re tasked to
do. Some of it’s economic development, some of it’s promotion, tourism and trade and
so forth. Mr. Mayor, I won’t be the first person and I’m sure I won’t be the last to say
this, that it seems as in Augusta, one hand doesn’t know what the other one is doing.
Communication between different developmental entities, communication between those
entities and the government is sketchy at best. Mr. Mayor, the performance of growth in
our local economy as compared to all other regions in Georgia, we are seriously behind
and have been for as many as 20 years behind the curve. I frankly, as a Commissioner,
have never been made aware of all the different entities that are tasked, authorities,
boards, committees that are tasked to develop this area economically. Certainly I don’t
think that they’ve all met in one room to discuss what they’ve done, what they’re doing,
what they plan to do in the future. I certainly thing there needs to be a mandate of this,
the governing body having jurisdiction over this area, in conjunction with the state
Delegation folks, to say it’s time for everybody to pull together as a team. We are all
aware that we have several bodies in this jurisdiction that are their own kingdoms to
themselves. It’s time to put those boundaries aside, because economic growth is the most
important thing that we have to face, certainly in the next few years and certainly for the
long-term health of the City of August. We are currently experiencing retail flight to
Columbia County and surrounding municipalities, residential flight to other areas, and
everything ranging from schools to – I can’t imagine whatever else reason people would
leave. But the bottom line is Augusta is looking at a future with a pretty stable and
growing indigent population, a stable and somewhat growing elderly population, with
many of the local residents having lived in Augusta in the past that have the disposable
income moving to other municipalities. These are the people that fuel our local economy
. Mr.
by having the money, the extra money to spend in our stores, shops, restaurants
th
Mayor, I ask, as Commissioner from the 6 District and a concerned citizen of
Augusta for you and the Administrator and the Mayor Pro Tem to convene an
economic summit that would involve as much a summit as a work session, the local,
all the local municipalities or committees and subcommittees and boards that are
tasked with economic development and ask them for a game plan of what they’ve
done, what they plan to do, what they are doing, and hopefully a measure or motion
from this body that would mandate, in conjunction with our state Legislative
Delegation, that all of these bodies (1) communicate, (2) work as a team, and (3) for
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God’s sake, don’t plan on doing the same thing we’ve done for the last 20 years and
expect different results. Augusta’s growth is stagnant.
It’s time for a change. Mr.
Mayor, as leader of this city, I guess I’m asking you to crack the whip.
Mr. Mayor: Thank you, Mr. Cheek. I appreciate your comments and bringing
this item forward, and I certainly wouldn’t say that it would be inappropriate to do this.
Let met just make a couple of comments. We held an economic summit – I wish I had
done a little bit better homework – it’s been a few years ago. We held it over at the
theater in Fort Discovery, as a matter of fact. We had all of our economic development
entities present for that. And from that, we came up with an initiative that this body
supported by applying for a grant from the Economic Development Administration to do
a community ascertainment for economic development, and that process took about a
year, and from that came the jobs program that was published about two years ago, which
was a five year plan for economic development in this community. But indeed, times
have changed and priorities have changed. Even the Chamber of Commerce within the
last year or so has recognized that there are not factories that are relocating each and
every day. There is not a lot of work available in the manufacturing sector in this U.S.
economy, that indeed retail is where you get the biggest bang for the buck in job creation
these days, and the Chamber has been working with the Development Authority to
bolster that part of its recruiting efforts. And in fact a delegation of us last year went out
to the Convention for International Shopping Centers, which is the largest single
convention that’s held anywhere in the world, with more than 30,000 developers and
franchise sellers and people in that type business who meet at that session, and we really
tried to very aggressively move to bolster the retail segment of this economic. Number 1,
it creates jobs, but number 2, it collects sales tax, which sales tax is so important to the
civil works projects that we do in this community. So Mr. Cheek, I appreciate you
bringing this forward and I would positively respond to your request, whether you want
to do it as a motion or just make a request that I work with the Mayor Pro Tem and the
Administrator and we will put together this fall an economic summit and address these
issues that you’ve brought forward to the Commission.
Mr. Cheek: I’m going to make that in the form of a motion, Mr. Mayor.
Mr. Williams: Second, Mr. Mayor.
Mr. Mayor: Motion and a second. Is there any further discussion? Mr. Boyles?
Mr. Boyles: Mr. Mayor, I was gong to make a comment. This morning about
7:30 I came into Augusta to a meeting concerning some things going in at Main Street.
Chris was there with me. As I came, as I got onto Riverwatch Parkway there on Stevens
Creek Road, I counted on the way down, there were 15 cars that passed me, and they all
had Columbia County tags on them. I guess I was probably the only one on the
expressway that had Richmond County tags, tag. But I was thinking when I was coming
20
down that we want to spend $8 million of tax money to buy right-of-way for the St.
Sebastian Parkway extension, so what we’re doing is getting people out of Augusta a lot
faster than we’re getting them in. So I just thought I would throw that comment in,
because that does concern me and it concerns folks in west Augusta that people could be
th
stopping by the stores. If they come in now, at least they’ve got a Kroger at 15 Street,
does have a chance of catching some of them. Just a comment while we’re talking about
economic development. That’s my comment.
Mr. Mayor: Thank you, Mr. Boyles. Anything further? Mr. Mays?
Mr. Mays: Yes, Mr. Mayor. I won’t get over into formulating that public works
list. I was kind of glad that the gentleman on that end, I thought I’d been talking to
myself for a little while. I’m glad to know that that’s coming out on that side, too. We
kind of been talking a little bit about it, Don, this is not the day to do that, I know, but
that will help to set some priorities because it’s a question I’ve been asking as to how we
are going to deal with that issue. And Tommy, I think that goes into a bigger spectrum of
things. One thing that I would like to see and that is I would that the Commissioners, we
did some things, but I would hope that we would support and I don’t mind being the
person that carries [inaudible] Mayor does not have a vote per se, but we’ve done what I
consider some minor things in terms of working with the Mayor’s office in reference to –
he doesn’t ask for a lot of things to come out of that office, and I’m being very frank
about this, Mr. Mayor, in reference to things that happen of a business nature, it’s good
for all these groups to work together and to have all these regional concepts and
everything else. But the one – this is just my personal feeling that when something is
going to happen, whether it’s positive or negative in terms of economic development in
this community, the gentleman sitting to my right should know about it first and should
be the lead person when, when, when persons are seeking out this city and who come
here, and he’s asked us for some things, and I want to thank the Commission for
supporting those items thus far that have gone forth in the budget. I would hope, though,
as we move into the fall, and he’s going to be coming with some things – I said jokingly I
hope you don’t load that wagon up with the fifth wheel, but there are going to be some
things continuously that he’s going to need, because everybody doing a lot of different
things, but the thing is when it boils down, it’s going to be the Mayor of this city that’s
going to have to [inaudible] with the support of us and how we deal with a lot of things
that happen or do not happen economically in this community. And I’m glad you
brought that up, Tom, even though that wasn’t on the table, to the point of that particular
road, but sometimes we get accused of saying, you know, we may be a little selfish in the
city, but so many times we’ve had to work for everybody’s interest, whether it’s been in
the metro, whether it’s been in the 13 or 14 county area, and it is about time that some of
those things we do for right here in Augusta Richmond County. That’s what we were
elected to do. That $75 million water plant out there that we are finally building, and I
look to my Engineering Services chairman, the great leadership he provided, and we’ve
had good chairpersons over there, but Don, when I look to my left, we could have built it
21
for $40 million to a point of listening to other political operatives that didn’t want to do it.
And $35 million later and a decade later, we’re late in dealing with it. We’ve got to catch
up infrastructure in deep south Richmond, not just for south Richmond County, we ought
to be providing water to our neighbors and selling it in northern Burke County and in
Jefferson County. That’s the type leadership that we need to have, and to do that. And I
think we are going to have to give him that level of support in that office to do those
types of things. All these other groups are good, but it ought to start right in this
building. And I think we’ve got the type of leadership collectively that I think we can see
that bigger picture in order to do that and I appreciate your motion that’s out there, Andy,
and I’m sure for our Monday morning meetings he’s going to send back with some
different [inaudible] along the way and I’ll check the temperature and pulse of everybody
and I’ll let him know real early how that’s going. But I hope you’re going to be
supportive because there are some things that we are going to have to do and we are
going to have to do them differently. But I can guarantee you that the different, the
different way that we can do some things can provide some different results. And they
can be positive results.
Mr. Mayor: Thank you, Mr. Mays. I would hope that the Commission, during
our budget deliberations for the next year, find some way that we can create that business
development staff position internally. We certainly need it and I hope we would make
that a priority as we develop our 2005 budget, find a way to fund that.
Mr. Mays: Well, Mr. Mayor, if I could say one thing very quickly. It took me
from the beginning of consolidation until I’m getting ready to leave here, but Chairman
Hankerson and myself, we fixing to soon, hopefully over the next three weeks, have a
situation to name two people to do some advancement in this city, and that’s in the area
of finalizing the deal and dealing with disadvantaged businesses. I hope it won’t take a
decade and a predecessor after you leave to get some of the things done on the business
side of this community. If so, that would be disastrous.
Mr. Mayor: Anything further? All in favor of the motion, then please vote with
the usual sign.
Motion carries 10-0.
Mr. Mayor: Let me just say this, because everybody’s getting a personal
invitation, a written invitation from me. We have a business development trip scheduled
on August 16 to Decatur, Georgia, to take a look at how they’ve been using mid-rise
development to advance their retail and residential properties in their downtown area.
I’ve got a bus chartered and I have 55 seats and I’m going to take anybody who’s got any
interest at all. We’re going to go up for the day and come back. And you’re getting
invitations to that.
22
The Clerk: Mr. Mayor, we have one item.
Mr. Mayor: The Chair will recognize Commissioner Grantham, or did you want
to read it, Madame Clerk?
The Clerk: Yes, sir, I’ll go ahead.
Mr. Mayor: All right.
The Clerk:
Addendum Item 1. Discussion for easement for property located at 202 Lakewood
Drive.
The Clerk: Commissioner Grantham wishes to add to our agenda today
discussion of easement for property located at 202 Lakewood Drive.
Mr. Mayor: Is there any objection to adding that item to the agenda? Okay, none
is heard. The floor is yours, Mr. Grantham.
Mr. Grantham: Thank you, Mr. Mayor. We’ve heard this issue before, and this is
dealing with a $6 million sewer project that we have on Raes Creek. This is the property
of Judge Kernaghan, and I’m asking this, having been a lifetime friend of Judge
Kernaghan, it appears that our Public Utilities Department has worked very diligently and
made many numerous efforts in getting an easement signed by Judge Kernaghan and his
wife so that we could proceed with this project. The bid has been received and
everything is on target. There has been some removal of trees along the line, but this is
the last piece of property to obtain an easement, and we’ve all been over there. I saw all,
there’s been at least four or five of the Commissioners that have visited Judge
Kernaghan’s property. Judge Kernaghan has been in our chambers here at least three or
four times. And he’s been called on in a very cordial manner and really tried to get this
thing accomplished. I’d like to Doug Cheek, if he would, to tell us where we are today.
He gave me a breakdown of just the information and the number of times since
September 25 of 2003, and I think it’s like 23 or 24 times that we have had personal
contact with Judge Kernaghan in order to get this accomplished and we’ve not been able
to do that as yet. So Doug, if you would, bring us up to date on where you are and what
your recommendation is.
Mr. Doug Cheek: Thank you for adding it. I guess we had talked with Mr.
Grantham, he had volunteered to be the main point of contact because of his prior
relationship or his current relationship with Mr. Kernaghan. We felt it necessary to bring
it to your attention because of the possible impact to the City of Augusta. This project
was extremely close as far as the time line needed to meet a deadline that was negotiated
23
with EPD. We’ve had a meeting with Judge Kernaghan and Mrs. Kernaghan as early as
today at 11 o’clock, and each time we meet it seems like another issue keeps coming up.
And I think we’re really close, but we don’t know how close and we can’t get a
commitment. We need a commitment, and we need to move forward with this project.
The project is actually awarded. The contractor has had the award for almost two
months. He’s already speaking of claims against the City for delay. The time line, I
can’t stress that enough, is extremely tight in order to meet our September 1, 2005
deadline. We need to get the access to this property. We need to start cutting the trees.
There’s about four on this property. They don’t even want to bring their logger in
because of fear of have him have to leave and then come back. But that’s not really the
point at hand. I guess the issue that we want to do is, as of today, the last comment was
that we’ll get back with you on Thursday. And this has been going on and on since
September 25 of ’03. It’s taken longer to obtain this easement that it has to design it and
I’m afraid it’s going to take longer to get the easement than it is to build it. I bring this to
your attention. In all due respect to Judge Kernaghan, we respect his opinions, we
respect his issues, we think we’ve responded as politely as possible. We’ve made a lot of
consolations to the, to the whole situation that I think we can’t go any more. And our
request is that we get permission to condemn this property if we don’t get a signed
easement by Thursday. And not only just condemn, we request that we get permission
for the declaration of taking, which is – I’m speaking totally out of my hands. My right-
of-way manager, the attorney is actually the one that would know that. But we definitely
need to get this easement sooner than later. And that’s why we bring it to your attention
and that’s why we’re here today.
Mr. Mayor: Mr. Cheek?
Mr. Cheek:
Mr. Mayor, I’m not sure where our Superman from District 10 is
going with this, but I tell you, I thought we had this resolved a couple of months ago with
discussion about the time sensitivity of the issue, the project, the fact that sewer lids blow
off every time it rains and dump into Raes Creek. This is something we must do. I know
that we’ve had many, many more meetings with the judge than we probably would have
with other people and we’ve given him far more latitude than we would have other
So I’m going to make that motion that we go
people. It’s time to move forward.
ahead and condemn and taken the property subject to negotiations by Thursday as
requested by staff, that the conditions agreed to by staff be lived up but that we go
ahead and proceed with securing this property and moving forward with the
project.
Doug, correct me if I’m wrong, but there’s significant fines associated with us
not pursuing this in a timely fashion; right?
Mr. Doug Cheek: Yes, sir.
Mr. Mayor: Is there a second to the motion?
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Mr. Grantham: I’ll second the motion.
Mr. Mayor: Discussion to the motion?
Mr. Shepard: Mr. Mayor?
Mr. Mayor: Mr. Shepard?
Mr. Shepard: If I could. Maybe I misunderstood you, Commissioner Grantham,
this is not resolved, is what you’re telling us now. I was thinking that there was some
resolution that was being announced, and I don’t know where I thought that. Maybe I’m
dreaming. But we have added this on, the potential condemnee is not here. I had a
couple of matters that I wanted to bring before you on Thursday, and I was going to ask
that we have a brief legal meeting in addition to our SPLOST meeting on Thursday, I
think – I mean you’re not going to take any action before Thursday, but I think that if the
opposing party would be here to speak Thursday, that you should at least hear it.
Mr. Mayor: You run the risk, Mr. Shepard, of not having a quorum here
Thursday.
Mr. Shepard: Well, that’s true.
Mr. Mayor: Mr. Cheek?
Mr. Cheek: Mr. Mayor, the condemnee has been here on more than one occasion.
Our staff has bent over double-backwards. I’ve gotten the invitations to the good-bye
barbecue party and some of the other sarcasm that’s gone along with this project. The
bottom line is we cannot hold this entire city up and no one is above anyone else. It is
time to move on, or this City will pay significantly for future delays. The condemnees
from projects in District 6 and every other District aren’t here most of the time to speak
to the issues. We cannot hold this City up, especially this project literally, the sewer, the
manhole covers blow off into Raes Creek every time it rains. It’s time to get this project
in the ground.
Mr. Shepard: Mr. Mayor, if I could. My point was that it was not on the agenda,
so there was no notice and due process to the potential condemnee. And I would
personally feel more comfortable if – from a procedural, due process point of view, that
we send out the notice. I’m talking about two days. I realize I’m risking a non-quorum.
However, I think that there is a high interest in getting the SPLOST put together, and I
make the point as a matter of procedural due process that you can accomplish it by not
doing anything until Thursday and allowing him to show cause at that time, but I would
just think that since it’s an add-on item, and I didn’t know it was coming up, certainly the
condemnee didn’t know it was coming up, I would just consider giving that person
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notice. Ordinarily most of these condemnations are approved after being on the
Engineering Services Committee agenda and usually going through as a consent, I grant
you, and they don’t come here. But I make this point just as a matter of procedural due
process to this condemnee. And the fact that he’s a judge is not weighing in the equation.
I would do this if Mr. Cheek were the condemnee. He seems to be the example. Or Mr.
Grantham.
Mr. Williams: You was doing pretty good till you said that.
(Laughter)
Mr. Mayor: Andy?
Mr. Cheek: As Austin Powers said, right. Anyway. I am all for due process, and
if we have certain hurdles to go through for due process, I’m all, I’m fully supportive of
that. I want to give everybody their days in court. But what I am going to ask to do is
maybe amend the motion that we proceed, if nothing is resolved after Thursday, that we
proceed and if necessary that we circulate a letter between now and the next meeting to
get the necessary signatures to give authority to our staff to proceed with this. It has gone
on too long. And I know for a fact other condemnees, even those with problems, are not
given how many – 64 visits?
Mr. Doug Cheek: I have stopped counting.
Mr. Cheek: And you know, we’re all equal under the same system of laws and
governance and we’ve gone way beyond bending over backwards. So I’d just like to see
us move forward with this. It’s essential to the ecological health of Raes Creek, plus our
financial wellbeing from fines from EPD. So thank you, Commissioner Grantham, for
bringing this forward.
Mr. Mayor: Mr. Cheek?
Mr. Doug Cheek: I just wanted to make Mr. Shepard – he was not aware we were
going to make this recommendation today. We had made this recommendation in the
past. And we did actually give Judge Kernaghan a letter today that said it was going to
be discussed at today’s Commission meeting, however Thursday is the date we set and
we can live with that, too. But I appreciate your consideration.
Mr. Mayor: Is there anything further? We’ll take a vote on the motion then.
Mr. Grantham: Got an amended one.
Mr. Mayor: The amended motion. Any objection to the amendment?
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Mr. Boyles: The amendment is what?
Mr. Cheek: It’s to proceed after Thursday, after we’ve gone through due process,
gone through our staff to proceed with it.
Mr. Boyles: Is that okay with the Attorney?
Mr. Shepard: Well, Mr. Mayor, the schedule does call for a called meeting, as I
recall.
Mr. Mayor: Yes.
Mr. Shepard: And it’s on SPLOST, and a called meeting, and I’d ask that we, that
in the call that you put this issue on for discussion.
Mr. Mayor: Got that, Madame Clerk? Okay.
Mr. Shepard: And that the Clerk notify the Court, the Judge. Probably notify Ms.
Kernaghan would be the best thing to do.
The Clerk: All right.
Mr. Mayor: All in favor of the motion then please vote with the usual sign.
Mr. Williams and Mr. Hankerson abstain.
Motion carries 8-2.
31. OTHER BUSINESS:
Mr. Mayor: That brings us to our legal meeting. Mr. Shepard?
32. LEGAL MEETING
a. Pending and potential litigation.
b. Real Estate.
c. Personnel.
Mr. Shepard: Yes, sir, Mr. Mayor, I would request that the Commission go
into legal session to discuss pending and potential litigation, real estate and
personnel.
Mr. Mayor: All right. Is there a motion to do so?
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Mr. Colclough: I so move.
Ms. Sims: Second.
Mr. Grantham: Let the record reflect that we have met for one hour-and-a-half in
our regular meeting as a Commission meeting.
Mr. Williams: Mr. Mayor, before we go into legal –
Mr. Mayor: Just a minute. I’m trying to get a motion to take a vote here. We
have a motion and a second to go into legal. All in favor, please vote with the usual sign.
Mr. Williams: Mr. Mayor, a point of clarification.
Mr. Mayor: Yes, sir, go ahead.
Mr. Williams: Before I vote, can I add [inaudible] to the agenda, discuss
[inaudible] when we get into legal, is what I [inaudible].
Mr. Mayor: Yes, sir.
Mr. Williams: I’m ready to vote now.
Mr. Mayor: Well, we need to vote. Vote on the legal meeting.
Ms. Beard and Mr. Boyles not voting.
Motion carries 8-0.
Mr. Mayor: We have six votes, so we’ll reconvene in legal after a five minute
recess.
33. Motion to approve authorization for the Mayor to execute affidavit of
compliance with Georgia’s Open Meeting Act.
Mr. Mayor: The Chair will entertain a motion authorizing the Mayor to sign the
affidavit.
Mr. Williams: I so move.
Ms. Sims: Second.
Mr. Mayor: Any objection? None heard. I’ll sign the affidavit then.
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Motion carries 10-0.
Mr. Mayor: Mr. Attorney, we have an item to add and approve?
Mr. Shepard: We have two items to add and approve, Mr. Mayor, in the
area of real estate.
Mr. Mayor: Well, let’s do this. We’ll take them up together and we’ll spread
them on the minutes separately.
Mr. Shepard: That’s fine. That’s part of the William C. Calhoun School of
Motion Making.
(Laughter)
Mr. Shepard: Which in the first matter, is the matter of the completion of
the abandonment of Deens Avenue between the properties owned by St. Joseph
Catholic Church and the Christ Redeemed Outreach Ministries, Inc. We’d ask that
the abandonment process be approved and deed be given to both of those grantees
in consideration of Christ Redeemed Ministries paying the survey cost and cleaning
up the property and St. Joseph quit-claiming their interest to the Christ Redeemed
Outreach Ministries, Inc.
Mr. Mayor: And the second item?
Mr. Shepard: The second item, thank you, Mr. Mayor, would be to
authorize the Land Bank to consider a offer for WKAZ Radio to purchase the
property that they occupy for the sum of $7,500 total and that first refusal be given
to the City to buy the property in the event that the property ceases to be used as a
radio station.
Mr. Williams: So move.
Mr. Grantham: Second.
Mr. Mayor: We have a motion to add and approve both of these items, and it’s
been seconded and these will be spread on the minutes separately. Any discussion or
questions? All in favor of the items then please vote with the usual sign.
(Vote on first item)
Mr. Smith out.
Motion carries 9-0.
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(Vote on second item)
Mr. Smith out.
Motion carries 9-0.
Mr. Mayor: Now in view of the early hour, I don’t know if there is anything else
we want to add to the agenda to hang around, or we’ll entertain a motion to adjourn.
[MEETING ADJOURNED]
Lena J. Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and
correct copy of the minutes of the Regular Meeting of Augusta Richmond County
Commission held on August 3, 2004.
______________________________
Clerk of Commission
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