HomeMy WebLinkAboutAugust 15 2006 Augusta Richmond County Commiss
REGULAR MEETING COMMISSION CHAMBER
August 15, 2006
Augusta Richmond County Commission convened at 2:29 p.m., August 15, 2006, the
Hon. Deke Copenhaver, Mayor, Presiding.
PRESENT: Hons. Holland, Smith, Brown, Grantham, Hatney, Williams, Cheek, Bowles
and Brigham, members of Augusta Richmond County Commission.
Absent: Hon. Beard, member of Augusta Richmond County Commission.
The invocation was given by Rev. David Hunter, Pastor, Lutheran Church of the
Resurrection.
The Pledge of Allegiance to the Flag of the United States of America was recited.
The Clerk: On behalf of the Mayor and members of the Commission, we’d like to thank
you for imparting that prayer on our behalf. In honor of that we’d like to name you our Chaplain
of the Day [unintelligible]. Thank you.
Mr. Mayor: Thank you, sir. A pleasure having you. Madame Clerk on to the fun stuff. I
don’t think Rep. Harbin is here yet.
The Clerk:
PRESENTATION
B. Presentation of Proclamation to Dana Andrews. (Requested by Commissioner
Bowles)
Mr. Mayor: Dana, would you please come forward? In recognition of Dana Andrews;
Whereas, Dana Andrews was born April 9, 1984—actually a year prior to me graduating
from high school—to Sylvia and James Andrews at Augusta, Georgia; and
Whereas, Dana attended Brookwood Elementary, Columbia Middle, and Evans High
School—which I also attended; and
Whereas, Dana began writing lyrics and melodies at the age of 13, [unintelligible] in
school plays and talent shows; and
Whereas, Dana is a member of Everything After, an original band based out of Columbia,
South Carolina; and
Whereas, Dana’s talent enabled her to qualify as a finalist this season on the CBS reality
show “Rock Star Super Nova” which earned her national recognition; and
Now, therefore, I, Deke Copenhaver, Mayor of the city of Augusta do hereby proclaim
August 15, 2006 as Dana Andrews Day in Augusta, Georgia and urge all citizens to applaud the
efforts and talents of this young lady.
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In witness whereof I have hereunto set my hand and caused the seal of Augusta, Georgia
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to be affixed this 15 day of August, 2006.
Ms. Andrews: I’m completely honored and I hope that through my—wherever this may
take me in my life’s journey I hope that my future achievements will continue to make Augusta
proud. And thank you.
Mr. Mayor: We’ve just had Rep. Harbin come in.
The Clerk:
PRESENTATION
A. Presentation of GMA's Champion of Georgia Cities Award to Representative Ben
Harbin.
Mr. Mayor: Ben, came you come up?
The Clerk: This is for Rep. Ben Harbin.
Mr. Mayor: I’ve got a prepared statement and then I’ll come down and present it to you.
Every two years the Georgia Municipal Association recognizes a select number of legislators for
their leadership, dedication and for being a friend to each of us in city government. The Georgia
Municipal Association chose to give Rep. Harbin this award for his support of city governments
throughout the state. Rep. Harbin knows the importance of state assistance in keeping cities
healthy, vibrant economic centers. As an influential member of the House Leadership, as
chairman of the Appropriations Committee and a key negotiator on the budget, he was truly a
champion of Georgia’s cities by leading the effort to provide additional funds to the
Development of Community Affairs Downtown Revolving Loan Program. For every dollar the
state invests in the program the Woodruff Foundation makes a matching contribution to the
Georgia Cities Foundation. The Georgia Cities Foundation’s unique public-private partnership
with the state allows downtown redevelopment projects to move forward and provide economic
development in our state’s commercial cores, the cities of Georgia. Rep. Harbin has earned the
confidence of his constituents. Rep. Harbin has earned the respect of his colleagues in the
General Assembly. And Rep. Harbin has earned this award for his strong support of city
governments. On behalf of GMA it gives me great pleasure to be able to present a Champion of
Georgia Cities Award, which is an archival photograph of the old State Capital in Milledgeville.
Please join me in thanking Rep. Ben Harbin, a champion of Georgia cities.
Mr. Mayor: [unintelligible]
Mr. Speaker: Thank you, Mayor. Members of the Commission, on behalf of GMA I
really appreciate y’all hosting this event. When legislators step up to the plate and are partners
with local governments it really helps the local governments maintain efficiencies. They can’t
do it alone. And to have a state partner like Rep. Ben Harbin is truly a blessing. I also want to
say, I want to recognize one of our other mayors, neighboring mayors, two of our neighboring
mayors, Mayor Trudeau from Grovetown and Mayor Dean from Harlem. Also want to thank
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Mayor Copenhaver, who recently accepted an appointment by Mayor Shirley Franklin of
Atlanta, who is this year’s GMA—Georgia Municipal Association—president, to serve on the
legislative policy council. For that we appreciate your efforts, Mayor. Thank you, Mr.
Chairman. Let me turn it over to you.
Mr. Harbin: Thank you, Tom. It’s always dangerous handing the microphone to another
politician, I want to thank Mayor Copenhaver, Mayor Dean, Mayor Trudeau for the support
they’ve given me. Cities—technically in my district there’s not a city. I don’ t have a
municipality. But I do understand, because 20 years ago I worked for the old city of Augusta
and I worked in this room a good bit back when there was a Councilman Stephen Shepard at the
time. I grew up working with cities. I grew up in a small city, in Vidalia, south Georgia. I
understand the importance of cities. It’s easy for us to get kind of blocked in our own little cells,
argue about our own little things, but all of our cities together, if we help them all, and they all
work together, will make a great Georgia. And I think that’s the goal of all of us. Not just to
make Augusta better, make Columbia County and Harlem and Grovetown better, it’s to make
Georgia better. And GMA, I want to thank you. I’ve got so many friends in this room. I’m not
going to begin to thank you all but I do want to thank you all without trying to get person on this.
It’s been a long road. We’ve got a lot to do in front of us. Working together we’ll not only
improve each city, we’ll improve this great state. Thank y’all so much for allowing me to be
here today.
Mr. Cheek: Mr. Mayor, I wanted to thank you for citizens who have had to deal with
Fury’s Ferry and the never-ending projects at Highway 56 and Bobby Jones. You put forward
legislation to hold contractors accountable for these never-ending and ever-going projects that
seem to never be completed. And from all the citizens—and there was no mechanism in place to
do that—from all the citizens that had to endure these hardships by these tardy developers and
construction companies we appreciate your initiative and your efforts to try to get a handle on
that.
Mr. Mayor: Okay, we’ve recognized rock stars and Representatives. Go ahead, Madame
Clerk.
The Clerk:
DELEGATION
C. Ms. Lara Plocha
RE: Announcement of Imperial Theatre Grand Marquee and presentation of
proclamation recognizing the Imperial's contribution to the community.
Ms. Plocha: Thank you so much for having us here today. I’m Lara Plocha, the
executive director at the Imperial Theatre. I think most of you will recognize me from all of our
SPLOST discussions last year. This is our president, Paul Burke, who is the president of our
board of directors. And this Friday is a very momentous occasion for the Imperial Theatre. It’s
been over 20 years that the Imperial is graced with a lovely marquee and come this Friday it will
be graced again. Thanks to the generous of many [unintelligible] and a portion of SPLOST
dollars, we’ll actually get to see our SPLOST dollars at work this Friday, when we will light up
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our new marquee for the first time. And it is beautiful. I don’t know if any of you have driven
downtown to the 700 block of Broad, but the base is up right now. The crowning glory will
come on in a few days with the big Imperial sign. And not only is it going to change the face of
the Imperial, it’s really going to transfigure the entire block of Broad, light it up and make it
safer for our patrons and the other people who are in that block. I would encourage all of you to
come. It’s going to be at 7:00 o’clock on Friday night. The Mayor is going to flip the switch for
us and we’re going to have a lot of fun. Big open house, lot of festivities planned so please plan
to join us for that event.
The Clerk: In recognition of the upcoming event, and in recognition of that event, in
recognition of the Imperial Theatre’s marquee lighting day;
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Whereas, on Friday, August 18, 2006 the Imperial Theatre will light a new marquee;
and
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Whereas, the Imperial Theatre opened on Monday, February 18, 1918 and during the
theatre’s early years the Augusta community was treated to vaudeville shows, photo plays and
even an appearance by Charlie Chaplin; and
Whereas, today the Imperial Theatre is located in the Broad Street historical district and
is listed on the National Register as important to the character of the entire district; also
important to the character of the theatre is replacing the vintage marquee Augustans grew to
recognize in the 1930; and
Whereas, a long absence from the theatre’s entrance, a new replica marquee will feature
state-of the-art visual effects while remaining true to the look and feel of the original marquee;
and
Whereas, the new marquee will serve as a shining invitation to the entire community; it
will entice and welcome both local patrons and visitors to the city of Augusta; the marquee with
its beautiful displays will invite those who enjoy a whimsical comedy, a foot stomping country
band, a graceful ballet, an old movie, or a children’s play; and
Whereas, the new Imperial Theatre marquee is an outstanding example of our
community’s commitment to the revitalization of downtown with generous donations of local
businesses and the people’s support of the Special Purpose Local Option Sales Tax; we know the
restoration of the Imperial Theatre is important to Augusta; and
Now, therefore, I, Deke Copenhaver, the Mayor of the City of Augusta, do hereby
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proclaim Friday, August 18, 2006 as Imperial Theatre’s Marquee Lighting Day in Augusta,
Georgia and urge all citizens to applaud the theatre as they set forth to restore an integral part of
Augusta’s history.
In witness thereof I have unto set my hand and caused the seal of the Augusta, Georgia to
be affixed this day, 2006.
Mr. Mayor: Next delegation, please?
Mr. Brigham: Mr. Mayor?
Mr. Mayor: Commissioner Brigham?
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Mr. Brigham: Can we either hear the planning and zoning item or take this whenever we
do the planning and zoning item?
Mr. Mayor: It is a companion item?
Mr. Brigham: It’s about a planning and zoning item on the agenda and I think we ought
to in fairness do it when we hear the item or take the item now. Item number 18.
Mr. Mayor: 18. It is number 18. let’s just go ahead and do both of them now.
The Clerk:
DELEGATION
G. James Palmer
RE: Objection to density housing issue at the corner of Hicks and Tuttle Streets.
The Clerk: I call your attention to item 18 under the planning portion:
PLANNING
18. Z-06-84 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Louise M. Swan, on behalf of Swan Construction
Inc., requesting a change of zoning from Zone R-1C (One-family Residential) to Zone R-2
(Two-family Residential) affecting property containing .15 acres and is known under the
present numbering system as 1648 Hicks Street. (Tax Map 035-2 Parcel 538) DISTRICT 1
(Referred from August 15 Commission meeting)
Mr. Mayor: Mr. Palmer, could you please state your name and address for the record,
and if you could keep your presentation to five minutes, please?
Mr. Palmer: My name is James Richard Palmer. I reside at 520 Tuttle Street. Actually,
my reason for asking to be on the agenda was in addition to this matter. I wanted to raise
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awareness about the John C. Calhoun Expressway between Crawford Avenue and 15 Street.
Had it been built today, there would be a sound wall there. There is a lot of noise that emanates
through the neighborhood and I wanted to encourage each of you to please contact Mr. John
Barrow, Congressman, to urge him to do something. I’ve been told by folks at the Department
of Transportation that that’s the only way that we can get anything done about the matter. Mr.
Crawford is presenting the issue about Tuttle Street and Hicks Street property.
Mr. Mayor: Okay.
Mr. Crawford: Good afternoon.
Mr. Mayor: Good afternoon.
Mr. Crawford: I’ve given each of the Commissioners a briefing package like this.
Harrisburg has what is known as the Harrisburg Neighborhood Plan and the information in that
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package is drawn from this. The plan outlines land use policies that can be used by the Planning
Commission and local government in making recommendations and decisions about
neighborhood development. Since these policies reflect the input of neighborhood residents,
local officials have some assurance that they are acting in accordance with the community’s
desire. This piece of zoning issue today basically has three outcomes. The land at 1648 Hicks
Street could be used for single-family or it could be, as the zoning request is being asked for,
multi-family. There actually is a third option where the land could remain blank, as greenspace.
There is a map in here of the area. The zoning request is for multi-family, and you see 1648
there. Along, around, adjacent to the same area are ten other pieces of property, all contiguous
with each other, and one of those ten properties are zoned multi-family. So this would be the
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11 property in one glob for multi-family duplex. On this map also in green are residents in the
area that have been contacted. Mr. Palmer is here and he has quite a few supporters in the
audience today that have come from the neighborhood. Also in the back of this package you’ll
see 24 names or addresses of people who have been contacted. In the land use plan that we go
by, it says the land use patterns reflect a continued domination of single-family residents in the
neighborhood. The Harrisburg Plan has one major deviation from the plan, which has been for
duplex and multi-family units on scattered sites. The Harrisburg Plan also says some quad-
plexes and apartments have been built on scattered sites. The land use plan continues to go to
say that limit the area zoned for duplexes to those R-2 zones that currently exist in the
neighborhood. R-2 zoning is found on a spot basis throughout the neighborhood. Additional
two-family zoning should be discouraged in favor of single-family housing. The land use plan
continues to go on to say multi-family zoning in Harrisburg reflects development of small
apartment complexes on scattered sites. Additional multi-family housing could threaten the low
density residential character of Harrisburg. If you are familiar with the Hicks Street area, we’ve
seen a high increase of crime in this area lately. We [unintelligible] draw conclusion that high
density populations are adversely affected by all of this. In conclusion we want Harrisburg to
remain a low density residential neighborhood with predominantly single-family residents. The
change would impact the Harrisburg Neighborhood Plan negatively and it would increase the
density in an over-burdened area already. Mr. Palmer has offered to buy that property and then
donate it the county for greenspace.
Mr. Mayor: Thank you, sir. I appreciate your presentation. If we could hear from the
petitioner, hear from the folks looking to—if you could keep it to the same amount of time that
would be great, please, ma’am. If you could state your name and address for the record.
Ms. Swan: My name is Louise Swan. I reside at 5005 Congressional Drive. The idea of
a building in that area, new construction, would be an advantage to the area, in my opinion, not a
detriment at all. And because it’s only a two-family dwelling and it’s very small as far as the
bedroom size, two bedrooms apiece, it doesn’t seem like it would increase the population of that
particular area significantly at all. Probably going to rent to a single person or a couple and it
would give some affordable new housing to the medical community, which is very close. And
the medical community is expanding in all these area and the area is changing somewhat. This is
not supposed to be a detriment to that area. It’s an asset. Thank you.
Mr. Mayor: Thank you, ma’am. Commissioner Williams?
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Mr. Williams: Mr. Mayor, I’d like to hear from George Patty from Planning and Zoning
[unintelligible].
Mr. Patty: This is a very small lot at the intersection—this would actually be the south
east corner of the intersection of Hicks Street where it dead ends—I’m sorry, Tuttle Street where
it dead ends into Hicks. You’ve got very shallow lots and then you’ve got the Calhoun
Expressway. Across Tuttle Street you’ve got R-2 zoned properties with duplexes on them.
Across Hicks Street you’ve got multi-family zoning that’s never actually been utilized. It goes
back to the 1980s and there seemed to be a run on multi-family zoning in this area. So—and
then the block [unintelligible] block the property is actually is solidly single-family residential
use and zoned. You’ve got what I would characterize as a gray area. You’ve got a lot that—I
could be wrong, but I don’t think there has been a house built in this area in the last 20 years, and
you’ve got somebody that wants to build a small duplex on the lot and it would seem, you know,
because you’ve got other zoning and similar land use around it, it would seem to be something
you’d want to approve. But like I say, there is another side to it.
Mr. Williams: Mr. Mayor, George, one other question. The Harrisburg Plan that the
neighborhood have put together, I think they said from Harrisburg—I know a little bit about
Harrisburg, George. When I lived in that area we didn’t stay on any street. It was alleys, then
we got upgraded to lanes. But I know a whole lot about Harrisburg. That goes back to my
question, though, what the neighborhood has put together. Is that comparison to what the
government, the city have put together? Is that in conjunction with it? I’m just trying to find out
is there any difference with what [unintelligible] versus what we have on the books?
Mr. Patty: The city approved, adopted the first Harrisburg Plan in 1977 and it was
updated in 1995. And what [unintelligible] was identified in the plan. [unintelligible] the trend
toward renter occupancy in Harrisburg. In 1980 the renter occupancy rate had been—the owner
occupancy rate had been 63% and by 1990 it was 53%. And you know from the other
neighborhoods when the owner occupancy rate goes down that’s an indicator of problems. Now,
some neighborhoods, for instance, we’ve got a 35% owner occupancy rate so that was something
we addressed in the plan. And the policy that has been identified was to try to hold down the
change to renter occupancy. And of course we didn’t want to do any more spot zoning. I think
city council back in the 80s made some big mistakes in Harrisburg by doing some spot zoning
for existing duplexes and maybe [unintelligible] I’m talking about houses that were built at
duplexes, you know, with two front doors and that sort of thing, and there were also some efforts
to introduce duplexes into the area thinking that medical students would occupy those. That
seems to me to have run its course because we haven’t had any cases like that in the last few
yeas. This is, like I say, it’s a judgment case. You try to apply these policies and these plans
into [unintelligible] situations and sometimes you have to use a little judgment. I think you
could argue it either way but if you look at the balancing test of [unintelligible] v. Holcombe
Bridge and you think about the existing land use and existing zoning pattern and the length of
time property has been undeveloped and zoned, I think if you do that balancing test I think it
comes out positive, if not overwhelmingly so.
Mr. Williams: That’s all, Mr. Mayor.
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Mr. Mayor: Commissioner Hatney/
Mr. Hatney:
Mr. Mayor, I had the opportunity yesterday to visit with some of the
neighbors, to include Mr. Palmer. The way I understand it they’re not so much against building
a single-family; they’re not against that at all. They are just against the duplex. They believe
that will continue to add to the density or overcrowding of an area, which I had no idea that
Calhoun area was that noisy. In fact, I went up there in a good time of day. They’re not against
a single house, single family residence. They’re against a duplex. So what I would hope to do
today, is not have a vote on it, but postpone it until Ms. Swan can sit down with the rest of the
So I would move
neighborhood and they come up with something that’s doable to all of them.
that we postpone that vote for today and have them get back together and bring it back to
us the next Commission meeting.
Mr. Bowles: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioner Cheek?
Mr. Cheek: Mr. Mayor, I want to say—and I think I heard our director of zoning and
planning say that there are several areas in that neighborhood zoned high density that aren’t
currently being used for that. If that is the case we should seek to revert those zonings back to
their original single-family status. That, too, is a ticking time bomb for neighborhoods and we
have full right to do that under the reversionary clause the Planning Board makes.
Mr. Mayor: Good point.
Mr. Cheek: I just say, Mr. Mayor, spot zoning in this community is a cancer that kills
neighborhoods.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign.
Mr. Grantham votes No.
Mr. Williams abstains.
Motion carries 7-1-1.
Mr. Mayor: Thank y’all.
Mr. Williams: Mr. Mayor?
Mr. Mayor: Mr. Williams?
Mr. Williams: I understand what we just done and what happened here. She looks like—
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Mr. Mayor: Ma’am, are you clear on what we had said to do, to get together with the—
okay. Madame Clerk, shall we move to—we’ve got some items, some revisions, deletions from
the agenda.
The Clerk: Our addendum agenda lists deletions:
FINANCE
37. Consider a request from the Augusta Mini Theatre, Inc. regarding city sponsorship
through the purchase of tickets for the 5th Annual Alumni and Friends Chefs Showcase on
October 8, 2006. (No recommendation from the Finance Committee August 7, 2006)
The Clerk: And to reschedule item 43 to the next Engineering Services Committee:
ENGINEERING SERVICES
43. Report from staff regarding the resolution of the problem of Gwyn Toole
concerning the regrading or changing of the contour of the easement adjacent to her home
in order to redirect rainwater away from her residence to prevent further damage to the
home.
Mr. Mayor: Do we need a motion to accept that?
The Clerk: Yes, sir. But we can go through the agenda. We have some from
Administrative Services.
Mr. Mayor: Okay. Let’s move on to the consent agenda.
The Clerk: The consent agenda consists of items 1 through 17, items 1 through 17.
For the benefit of any objectors to our planning petitions, I will read those petitions and if there
are any objectors would you please signify your objection by raising your hand?
PLANNING
1. Z-06-80- A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Jackie R. Hayes requesting a Special Exception to
establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning
Ordinance for Augusta-Richmond County affecting property containing approximately .27
acres and is known under the present numbering system as 2120 Richards Road. (Tax Map
098-3 Parcel 156) DISTRICT 2
2. Z-06-83 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE with the following conditions; 1) a 6 foot solid board fence shall
be placed 10 feet inside the rear property line; 2) and an undisturbed natural buffer shall
be maintained between the fence and the property line; the use of this property shall be
limited a micro-distillery or those uses allowed in a B-1 (Neighborhood Business) zone; a
petition by Gerald Blount, on behalf of Little Red Dog Distillery, requesting a change of
zoning from Zone B-1 (Neighborhood Business) to Zone LI (Light Industry) affecting
property containing approximately .32 acres and is known under the present numbering
system as 214 Sand Bar Ferry Road. (Tax Map 048-3 Parcel 105) DISTRICT 1
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3. Z-06-85 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Jimmy Davison, on behalf of Mark A. Davison,
requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2
(General Business) affecting property containing .26 acres and is known under the present
numbering system as 2064 Broad Street. (Tax Map 027-3 Parcel 140) DISTRICT 1
5. Z-06-79 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE with the condition that the construction trailer not be visible
from Diamond Lakes Drive; a petition by Nordahl & Company, Inc. requesting a Special
Exception to establish a construction trailer in Manchester Subdivision per Section 8-2 (d)
of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property
located on the south right-of-way line of T. J. Kelley Drive (proposed), 175 feet, more or
less, west of Dave McDonald Drive (proposed). This property contains approximately .27
acres. (Part of Tax map 166-3 Parcel 001) DISTRICT 8
6. Z-06-81 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE with the following conditions; 1) that any construction on this
property shall require soil borings and engineering certificates for all foundation plans and
2) recording of the plat showing the location of the fill area with the zoning restriction
agreement; a petition by Linda McCall requesting a Special Exception to establish an inert
fill area per Section 26-1 (o) of the Comprehensive Zoning Ordinance for Augusta-
Richmond County affecting property located on the northwest right-of-way line of
Turknett Spring Road, 525 feet southwest of Turknett Springs Lane. This property
contains approximately 3.9 acres. (Tax Map 044-4 Parcel 320) DISTRICT 1
7. Z-06-82 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Krishan Mohan Vaid requesting a Special
Exception to establish a adult day care facility per Section 26-1 (e) of the Comprehensive
Zoning Ordinance for Augusta-Richmond County affecting property containing .75 acres
and is known under the present numbering system as 2136 and 2138 Circular Drive. (Tax
map 098-3 Parcels 221 and 222) DISTRICT 2
8. Z-06-86 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Martin Davis, on behalf of D. B. Road LLC,
requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2
(General Business) affecting property containing .53 acres and is known under the present
numbering system as 3120 Deans Bridge Road. (Tax Map 096-4 Parcel 002) DISRICT 6
9. Z-06-87 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE with the condition that the only use of the property be a
community meeting place or those uses allowed in the R-2 (Two-family Residential) zone; a
petition by Bernard Morgan requesting a change of zoning from Zone R-2 (Two-family
Residential) to Zone B-1 (Neighborhood Business) affecting property containing .17 acres
and is known under the present numbering system as 2044 Martin Luther King Jr. Blvd.
(Tax Map 072-2 Parcel 293) DISTRICT 2
10. Z-06-89 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Augusta Housing & Economic Development
Department, on behalf of Caroline Turner, requesting a change of zoning from Zone R-1C
(One-family Residential) to Zone R-1D (One-family Residential) affecting property
containing .31 acres and known under the present numbering system as 1641 Roosevelt
Street. (Tax Map 058-4 Parcel 110) DISTRICT 2
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13. Z-06-88 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE with the condition that the property sale be completed within
120 days or the zoning reverts to the current LI (Light Industry) and HI (Heavy Industry)
zones; a petition by Hope House Inc., on behalf of R. W. Allen, requesting a change of
zoning from Zone LI (Light Industry) and Zone HI (Heavy Industry) to Zone B-2 (General
Business) affecting property containing approximately 6.65 acres and is known under the
present numbering system as 2205 Highland Avenue. (Tax Map 056-3 Parcel 007-01)
DISTRICT 5
The Clerk: Are there any objectors to those planning petitions?
Mr. Grantham: Mr. Mayor?
Mr. Mayor: Mr. Grantham?
Mr. Grantham: Mr. Mayor, I’d like to pull item number 13 when we get to that point.
Mr. Mayor: Back to the objectors.
Mr. Russell: Mr. Mayor, we’ve got two objectors, if you’ll allow me to identify which
ones they’re objecting to, if that’s okay?
Mr. Mayor: That would be great.
Mr. Russell: Item 2 and 13. 13 was pulled and there’s an objector here for item 2.
Mr. Mayor: Okay. So we’ve pulled 2 and 13. Commissioner Cheek?
Mr. Cheek: Mr. Mayor, I’d like to pull item 4 for discussion, please.
The Clerk: Mr. Holland, would you like for us to give the action of the Administrative
Services Committee as it relates to the consent agenda?
Mr. Holland: Yes, ma’am.
Mr. Mayor: Commissioner Holland?
Mr. Holland: Consent agenda on items number 30 and 35.
ADMINISTRATIVE SERVICES
30. Approve an Ordinance providing for the demolition of certain unsafe and
uninhabitable structures in the Belair Neighborhood:1544 Flagler Road, (District 3, Super
District 10); Old Town Neighborhood: 511 Third Street, 415 First Street, (District 1, Super
District 9); Bethlehem Neighborhood: 1115 Maxwell Street, (District 2, Super District 9);
Turpin Hill Neighborhood: 1527 Bleakley Street, (District 2, Super District 9); West End
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neighborhood: 2005 Clark Street, (District 1, Super District 9); AND WAIVE 2
READING.
35. Approve Reduced Early Retirement of Ms. Julia Carroll under the 1977 Pension
Plan.
Mr. Holland: Those items that are received as information, item numbers 31 and 33.
ADMINISTRATIVE SERVICES
31. Update on Economic Development Ombudsman Program by representatives of
Prime Commercial Properties, Inc. (Deferred from July 24 Administrative Services)
33. Update/report from staff regarding the staffing of the Land Bank Authority Office.
(Referred from August 1 Commission meeting)
Mr. Holland: And of course we have items deferred to the next committee meeting,
numbers 34 and 36.
ADMINISTRATIVE SERVICES
34. Declare a moratorium on demolition of structures in the Olde Town Neighborhood
until November 30, 2006, except for those specifically approved by the Augusta
Commission.
36. Approve Resolution and submit the Redevelopment Powers Act question to the
voters.
Mr. Holland: [unintelligible] number 32.
ADMINISTRATIVE SERVICES
32. Motion to approve the recommendations of the Housing & Economic Development
Department (HED) Action Team.
Mr. Mayor: Thank you, Commissioner Holland. Are there other items to be pulled for
discussion? Commissioner Grantham?
Mr. Grantham: Mr. Mayor, under Public Services I’d like to include the following items
to the consent agenda:
PUBLIC SERVICES
19. New Application: A. N. 06 - 36: A request by Abdullah S. El Khalifa for an on
premise consumption Liquor, Beer & Wine license to be used in connection with Crazy
Leggs Corner Pocket located at 2450-D Windsor Spring Rd. District 6. Super District 10.
20. New Application: A. N. 06 - 38: A request by Jim Consiglio for an on premise
consumption Liquor, Beer & Wine license to be used in connection with The Daiquiri
Factory located at 3100 Washington Rd. District 7. Super District 10.
21. New Ownership Application: A. N. 06 - 39: A request by Todd Eischeid for an on
premise consumption Liquor, Beer & Wine license to be used in connection with Sticky
Fingers located at 277 Robert C. Daniel Parkway. There will be Sunday Sales. District 3.
Super District 10.
12
24. Discussion: A request by Jamie M. Kimball for a Therapeutic Massage license to be
used in connection with Serenity Day Spa located at 106 Pleasant Home Rd. District 7.
Super District 10.
25. Discussion: A request by Lamont D. Ritchie for a Therapeutic Massage license to be
used in connection with Augusta Center 4 Massage Therapy located at 149 Davis Rd.
District 7. Super District 10.
26. Discussion: A request by Megan Feltz for a Therapeutic Massage license to be used
in connection with D. J. & Co. located at 139 Davis Rd. District 7. Super District 10.
28. Motion to renew the Sec. 5311 Rural Transit grant application between the Georgia
Department of Transportation (GDOT) and Augusta, Georgia from January 2007 to June
2008.
29. Motion to accept a tourism grant from Augusta Metropolitan Convention and
Visitors Bureau in the amount of $2,800.00, and to approve a 2006 budget amendment
accordingly.
Mr. Mayor: Commissioner Smith?
Mr. Smith: Thank you, Mr. Mayor. Engineering Services, I’d like to add to the consent
number 39, 40, 41, 42, and 44.
ENGINEERING SERVICES
39. Motion to approve the agreement between GDOT and Augusta for the emergency
evacuation of the Columbia Nitrogen Industrial District.
40. Motion to approve an Option for Right-of-Way between Ashley Weeks, as owner,
and Augusta, Georgia, as optionee, in connection with the St. Sebastian Way Project, for
the seven project parcels located at 1415, 1417, 1419, 1421, 1423 Broad Street and 1416,
1418, 1420, 1422 and 1424 Jones Street for a purchase price of $200,000.00 and to acquire
subject property: 0.545 acre (23,729.97 sq. ft.) in fee and 0.169 acre (7,351.02 sq. ft) of
permanent construction and maintenance easement.
41. Motion to authorize condemnation of a portion of Property #065-0-030-00-0 3915
Murray Street, which is owned by the Luis R. Cuevas and Paola E. Cuevas for 3,997 sq. ft.
of permanent drainage, utility and maintenance easement, more or less, and 3,477 sq. ft. of
temporary construction easement, more or less. Public Works Project: Belair Hills
Subdivision Improvement Project 324-04-203824335.
42. Motion to authorize condemnation of a portion of Property #139-0-403-00-0 2920
Arrowwood Circle, which is owned by the Johnny Robinson and Edwina G. Robinson for
2,076 Sq. Feet for a Permanent Easement and 2,076 Sq. Ft. of Temporary Easement. AUD
Project: Horsepen Sanitary Sewer, Phase 2A.
44. Approve Management Agreement for Wireless Communications Facilities on
Utilities’ Elevated Water Storage Tanks.
Mr. Grantham: Mr. Mayor, why don’t we add item 45 to that consent agenda while we
are looking at that, being a fellow Commissioner, such high regard?
APPOINTMENT
13
45. Motion to approve the appointment of Commissioner J. R. Hatney to serve on the
Trade, Exhibit and Event Center Task Force to fill the vacancy created by the resignation
of Commissioner Colclough.
Mr. Mayor: Commissioner Williams?
Mr. Williams: Got with adding 45, Mr. Mayor. [unintelligible] few of them y’all done
called out. I’m trying to keep up with y’all, but 45, we need some discussion on. That was an
appointment we established when the previous Commissioner was there. He was supposed to—
Mr. Brown was supposed to assume the duties and the responsibilities—and that’s what we
voted on. Now, y’all going to change that?
Mr. Hatney: He can have it, brother.
Mr. Williams: Well, I’m just trying to follow the rules.
Mr. Mayor: Through the Chair, gentlemen, please.
Mr. Williams: Mr. Mayor, I wasn’t trying to [unintelligible] I wasn’t trying to add any
work to anybody. I’m just trying to make sure we all walk down the same road.
Mr. Mayor: I understand. 45 is still on.
Mr. Hatney: Mr. Mayor?
Mr. Mayor: Commissioner Hatney?
Mr. Hatney: In view of the fact of the statement by Commissioner Williams
[unintelligible] been here, I would yield to Mr. Brown and get that on the consent agenda and be
through with it.
Mr. Mayor: Do we need a motion to that effect?
The Clerk: [unintelligible]
Mr. Mayor: Okay.
The Clerk: Do you want to reaffirm it?
Mr. Grantham: I don’t mind reaffirming. I’m sitting over here between both of them.
The point I would like to make, Mr. Mayor—
Mr. Mayor: Mr. Grantham?
Mr. Grantham: --is that I’d like to ask the question how the appointment was put in place
and when and if it was discussed with Mr. Hatney that that would be done.
14
Mr. Hatney: No.
Mr. Grantham: And that not being the case, who put the appointment on the schedule for
it to go to Mr. Hatney?
Mr. Mayor: It was requested by the Convention and Visitors Bureau.
Mr. Grantham: Okay, well, then I yield to the Convention and Visitors Bureau and I
applaud Mr. Hatney for withdrawing his name, but I’m going to reinstate and say that he be put
on that committee.
Mr. Mayor: I will say for clarification that I don’t know that the Convention and Visitors
Bureau was aware of the action by the Commission to replace Commissioner Colclough, to fill
how appointments with Commissioner Brown. Just for clarification.
Mr. Grantham: I understand. And I would like to ask that it be withdrawn completely
until we can get some clarity on that particular appointment.
Mr. Mayor: Commissioner Williams?
Mr. Williams: Might [unintelligible] Mr. Grantham out. I think the Clerk can attest or
have verbatim minutes to show where we voted on that already. And [unintelligible]—
Mr. Mayor: Convention and Visitors Bureau.
Mr. Williams: --requested Commissioner Hatney. I mean, I don’t [unintelligible].
Mr. Mayor: I can tell you I feel certain that they would be fine with Commissioner
Brown, as well.
Mr. Williams: Okay. [unintelligible]
Mr. Mayor: And I will say that on behalf of the Convention and Visitors Bureau they’re
on a time frame with regard to some of the things they’re working on so it would probably
behoove to act on this today as opposed to putting it off two more weeks.
Mr. Hatney: Send Mr. Brown.
Mr. Grantham: [unintelligible] Rev. Hatney.
Mr. Mayor: Okay, that one’s taken care of. Commissioner Williams, any other items to
be pulled for discussion? Any more items to be pulled from the consent agenda or placed into
the consent agenda?
15
Mr. Williams: If the Clerk would read back those numbers, Mr. Mayor, what was pulled
and what was going on, I would certainly appreciate it.
The Clerk: Mr. Williams, I think we had more added to the consent agenda. I will read
those first and then read the items that were pulled for discussion. The items added to the
consent agenda from the regular agenda: items 19, 20, 21, 24, 25, 26, 28, 29. Under the
Administrative Services portion, item 30; item 31 was received as information; item 33, consent,
received as information; item 34, scheduled for next committee meeting; item 35, consent
agenda; item 36, next committee. Under Engineering Services portion—under Finance, item 37
was requested to be deleted by the theatre. Item 39, consent; item 40; item 41; item 42; item 43,
scheduled for the next committee meeting; and item 44 for consent. Items pulled for discussion:
item 2; item 4; item 13. Were there any others?
Mr. Mayor: Hearing none, I’d look for a motion to approve the consent agenda.
Mr. Cheek: So move.
Mr. Holland: Second.
CONSENT AGENDA
PLANNING
1. Z-06-80- A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Jackie R. Hayes requesting a Special Exception to
establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning
Ordinance for Augusta-Richmond County affecting property containing approximately .27
acres and is known under the present numbering system as 2120 Richards Road. (Tax Map
098-3 Parcel 156) DISTRICT 2
3. Z-06-85 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Jimmy Davison, on behalf of Mark A. Davison,
requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2
(General Business) affecting property containing .26 acres and is known under the present
numbering system as 2064 Broad Street. (Tax Map 027-3 Parcel 140) DISTRICT 1
5. Z-06-79 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE with the condition that the construction trailer not be visible
from Diamond Lakes Drive; a petition by Nordahl & Company, Inc. requesting a Special
Exception to establish a construction trailer in Manchester Subdivision per Section 8-2 (d)
of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property
located on the south right-of-way line of T. J. Kelley Drive (proposed), 175 feet, more or
less, west of Dave McDonald Drive (proposed). This property contains approximately .27
acres. (Part of Tax map 166-3 Parcel 001) DISTRICT 8
6. Z-06-81 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE with the following conditions; 1) that any construction on this
property shall require soil borings and engineering certificates for all foundation plans and
2) recording of the plat showing the location of the fill area with the zoning restriction
agreement; a petition by Linda McCall requesting a Special Exception to establish an inert
16
fill area per Section 26-1 (o) of the Comprehensive Zoning Ordinance for Augusta-
Richmond County affecting property located on the northwest right-of-way line of
Turknett Spring Road, 525 feet southwest of Turknett Springs Lane. This property
contains approximately 3.9 acres. (Tax Map 044-4 Parcel 320) DISTRICT 1
7. Z-06-82 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Krishan Mohan Vaid requesting a Special
Exception to establish a adult day care facility per Section 26-1 (e) of the Comprehensive
Zoning Ordinance for Augusta-Richmond County affecting property containing .75 acres
and is known under the present numbering system as 2136 and 2138 Circular Drive. (Tax
map 098-3 Parcels 221 and 222) DISTRICT 2
8. Z-06-86 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Martin Davis, on behalf of D. B. Road LLC,
requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2
(General Business) affecting property containing .53 acres and is known under the present
numbering system as 3120 Deans Bridge Road. (Tax Map 096-4 Parcel 002) DISRICT 6
9. Z-06-87 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE with the condition that the only use of the property be a
community meeting place or those uses allowed in the R-2 (Two-family Residential) zone; a
petition by Bernard Morgan requesting a change of zoning from Zone R-2 (Two-family
Residential) to Zone B-1 (Neighborhood Business) affecting property containing .17 acres
and is known under the present numbering system as 2044 Martin Luther King Jr. Blvd.
(Tax Map 072-2 Parcel 293) DISTRICT 2
10. Z-06-89 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Augusta Housing & Economic Development
Department, on behalf of Caroline Turner, requesting a change of zoning from Zone R-1C
(One-family Residential) to Zone R-1D (One-family Residential) affecting property
containing .31 acres and known under the present numbering system as 1641 Roosevelt
Street. (Tax Map 058-4 Parcel 110) DISTRICT 2
11. ZA-R-177 – A request for concurrence with the Augusta-Richmond County
Planning Commission to APPROVE an amendment to the Comprehensive Zoning
Ordinance for Augusta-Richmond County to modify Section 8-1 by adding Section (f)
relating to the use of sales offices in residential structures in subdivisions under
development. (Approved by the Commission August 15, 2006 - second reading)
12. FINAL PLAT – THE LAKES AT RAE’S CRREK (FKA THE ENCLAVES AT
RAE’S CREEK – S-696-B-I – A request for concurrence with the Augusta-Richmond
County Planning Commission to APPROVE a petition by Southern Partners Inc., on
behalf of Richmond Development Partners, LLC, for final plat approval for The Lakes at
Raes Creek. This residential development is located off Amli Way, west of Augusta West
Parkway and contains 15 lots (8 units of Brookstone Condominiums Phase I, the clubhouse,
the private road, and 5 sections of future development).
FINANCE
14. Motion to approve refund recommendations from the Board of Assessors for 16
accounts. (Approved by Finance Committee August 7, 2006)
15. Motion to approve the recommendation to hold the Tax Allocation District
Referendum in November and to provide an educational process for the public led by the
17
Mayor and the Administrator to describe the functions and effects of a tax allocation
district. (Approved by Finance Committee August 7, 2006)
16. Motion to deny a request from Youth of Augusta, Inc. regarding funding for their
girls basketball team to attend a national tournament. (Approved by Finance Committee
August 7, 2006)
PETITIONS AND COMMUNICATIONS
17. Motion to approve the minutes of the regular meeting of the Commission held
August 1, 2006.
PUBLIC SERVICES
19. New Application: A. N. 06 - 36: A request by Abdullah S. El Khalifa for an on
premise consumption Liquor, Beer & Wine license to be used in connection with Crazy
Leggs Corner Pocket located at 2450-D Windsor Spring Rd. District 6. Super District 10.
20. New Application: A. N. 06 - 38: A request by Jim Consiglio for an on premise
consumption Liquor, Beer & Wine license to be used in connection with The Daiquiri
Factory located at 3100 Washington Rd. District 7. Super District 10.
21. New Ownership Application: A. N. 06 - 39: A request by Todd Eischeid for an on
premise consumption Liquor, Beer & Wine license to be used in connection with Sticky
Fingers located at 277 Robert C. Daniel Parkway. There will be Sunday Sales. District 3.
Super District 10.
24. Discussion: A request by Jamie M. Kimball for a Therapeutic Massage license to be
used in connection with Serenity Day Spa located at 106 Pleasant Home Rd. District 7.
Super District 10.
25. Discussion: A request by Lamont D. Ritchie for a Therapeutic Massage license to be
used in connection with Augusta Center 4 Massage Therapy located at 149 Davis Rd.
District 7. Super District 10.
26. Discussion: A request by Megan Feltz for a Therapeutic Massage license to be used
in connection with D. J. & Co. located at 139 Davis Rd. District 7. Super District 10.
28. Motion to renew the Sec. 5311 Rural Transit grant application between the Georgia
Department of Transportation (GDOT) and Augusta, Georgia from January 2007 to June
2008.
29. Motion to accept a tourism grant from Augusta Metropolitan Convention and
Visitors Bureau in the amount of $2,800.00, and to approve a 2006 budget amendment
accordingly.
ADMINISTRATIVE SERVICES
30. Approve an Ordinance providing for the demolition of certain unsafe and
uninhabitable structures in the Belair Neighborhood:1544 Flagler Road, (District 3, Super
District 10); Old Town Neighborhood: 511 Third Street, 415 First Street, (District 1, Super
District 9); Bethlehem Neighborhood: 1115 Maxwell Street, (District 2, Super District 9);
Turpin Hill Neighborhood: 1527 Bleakley Street (District 2, Super District 9); West End
ND
neighborhood: 2005 Clark Street, (District 1, Super District 9); AND WAIVE 2
READING.
18
31. Update on Economic Development Ombudsman Program by representatives of
Prime Commercial Properties, Inc. (Deferred from July 24 Administrative Services) –
RECEIVED AS INFORMATION
33. Update/report from staff regarding the staffing of the Land Bank Authority Office.
(Referred from August 1 Commission meeting) – RECEIVED AS INFORMATION
34. Declare a moratorium on demolition of structures in the Olde Town Neighborhood
until November 30, 2006, except for those specifically approved by the Augusta
Commission. – NEXT COMMITTEE MEETING
35. Approve Reduced Early Retirement of Ms. Julia Carroll under the 1977 Pension
Plan.
36. Approve Resolution and submit the Redevelopment Powers Act question to the
voters. – NEXT COMMITTEE MEETING
ENGINEERING SERVICES
37. Consider a request from the Augusta Mini Theatre, Inc. regarding city sponsorship
through the purchase of tickets for the 5th Annual Alumni and Friends Chefs Showcase on
October 8, 2006. (No recommendation from the Finance Committee August 7, 2006) -
DELETED FROM AGENDA
39. Motion to approve the agreement between GDOT and Augusta for the emergency
evacuation of the Columbia Nitrogen Industrial District.
40. Motion to approve an Option for Right-of-Way between Ashley Weeks, as owner,
and Augusta, Georgia, as optionee, in connection with the St. Sebastian Way Project, for
the seven project parcels located at 1415, 1417, 1419, 1421, 1423 Broad Street and 1416,
1418, 1420, 1422 and 1424 Jones Street for a purchase price of $200,000.00 and to acquire
subject property: 0.545 acre (23,729.97 sq. ft.) in fee and 0.169 acre (7,351.02 sq. ft) of
permanent construction and maintenance easement.
41. Motion to authorize condemnation of a portion of Property #065-0-030-00-0 3915
Murray Street, which is owned by the Luis R. Cuevas and Paola E. Cuevas for 3,997 sq. ft.
of permanent drainage, utility and maintenance easement, more or less, and 3,477 sq. ft. of
temporary construction easement, more or less. Public Works Project: Belair Hills
Subdivision Improvement Project 324-04-203824335.
42. Motion to authorize condemnation of a portion of Property #139-0-403-00-0 2920
Arrowwood Circle, which is owned by the Johnny Robinson and Edwina G. Robinson for
2,076 Sq. Feet for a Permanent Easement and 2,076 Sq. Ft. of Temporary Easement. AUD
Project: Horsepen Sanitary Sewer, Phase 2A.
43. Report from staff regarding the resolution of the problem of Gwyn Toole
concerning the regrading or changing of the contour of the easement adjacent to her home
in order to redirect rainwater away from her residence to prevent further damage to the
home. – NEXT COMMITTEE MEETING
44. Approve Management Agreement for Wireless Communications Facilities on
Utilities’ Elevated Water Storage Tanks.
Mr. Mayor: We have a motion and second. Any further discussion?
Mr. Russell: Mr. Mayor, we need to read the alcohol petitions.
19
The Clerk: Under our public service portion:
PUBLIC SERVICES
19. New Application: A. N. 06 - 36: A request by Abdullah S. El Khalifa for an on
premise consumption Liquor, Beer & Wine license to be used in connection with Crazy
Leggs Corner Pocket located at 2450-D Windsor Spring Rd. District 6. Super District 10.
20. New Application: A. N. 06 - 38: A request by Jim Consiglio for an on premise
consumption Liquor, Beer & Wine license to be used in connection with The Daiquiri
Factory located at 3100 Washington Rd. District 7. Super District 10.
21. New Ownership Application: A. N. 06 - 39: A request by Todd Eischeid for an on
premise consumption Liquor, Beer & Wine license to be used in connection with Sticky
Fingers located at 277 Robert C. Daniel Parkway. There will be Sunday Sales. District 3.
Super District 10.
The Clerk: Are there any objectors to those alcohol petitions?
Mr. Russell: None noted, Mr. Mayor.
Mr. Hatney: Let the record show I abstain on them.
Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual
sign.
Mr. Hatney abstains.
Motion carries 8-1. [Items 19-21]
Motion carries 9-0. [Items 1, 3, 5-12, 14-17, 24-26, 28-31, 33, 35, 39-42, 44-45; 34 and 36
referred back to Administrative Services Committee; 37 deleted from the agenda; 43
referred back to Engineering Services Committee]
Mr. Mayor: Madame Clerk, let’s go to the pulled items first.
The Clerk:
PLANNING
2. Z-06-83 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE with the following conditions; 1) a 6 foot solid board fence shall
be placed 10 feet inside the rear property line; 2) and an undisturbed natural buffer shall
be maintained between the fence and the property line; the use of this property shall be
limited a micro-distillery or those uses allowed in a B-1 (Neighborhood Business) zone; a
petition by Gerald Blount, on behalf of Little Red Dog Distillery, requesting a change of
zoning from Zone B-1 (Neighborhood Business) to Zone LI (Light Industry) affecting
property containing approximately .32 acres and is known under the present numbering
system as 214 Sand Bar Ferry Road. (Tax Map 048-3 Parcel 105) DISTRICT 1
Mr. Mayor: Could we first hear from the people who are here who are opposed? Could
you please state your name and address for the record?
20
Mr. Mitchell: I’m Bill Mitchell, 710 Auburn Avenue, Augusta.
Mr. Mayor: Thank you, sir, and if you could pleas keep it to five minutes.
Mr. Mitchell: Hon. Mayor Copenhaver, Mayor Pro Tem Williams, other Commissioners,
and fellow citizens, about two years I stood in front of this august body to present you the issues
faced by the east Augusta community. There were several issues concerning drainage, ditches
filled with water. We were also concerned about Sand Bar Ferry Road itself in that the Bobby
Jones Expressway is going to be causing Sand Bar Ferry to be a major gateway into the city of
Augusta. We were concerned that we make sure that this gateway that’s going to be there is
going to prove a good impression to motorists and people traveling concerning the city of
Augusta. So we have concerns about how this road is going to be used and what is going to go
on the road. For example, we felt that there should be stores, a major food store. Some progress
has been made in that time and there is a department store on Sand Bar Ferry now and there’s
th
also a gas station on Sand Bar Ferry. We no longer have to go to 15 Street to get gas any more.
But I admit I was surprised by this latest addition, a brewery. Several residents have asked me
how could this happen. Some have said we need a brewery like another liquor store. On the
other hand, there was a sentiment expressed that being Baptist we might be able to get a discount
on the communion wine. [unintelligible] meetings with residents of east Augusta and at this time
I’d like everybody who is interested in east Augusta to just stand up briefly just to show your
concern about this issue. Thank you.
Mr. Mayor: Could y’all remaining standing so we can get a count of that?
[22 noted]
Mr. Mayor: Madame Clerk, if you could let the record reflect that.
The Clerk: 22.
Mr. Mayor: The clock’s back on, Mr. Mitchell.
Mr. Mitchell: We had several residents contact me and contact the president of the
association. We did call a meeting yesterday and I did go down to the Planning Commission. I
received a document concerning breweries and what this meant and what type it’s going to be.
There are all kind of things going on about this going to be a brewery. So these are all concerns
from residents of the community we’d like the Commission to consider [unintelligible] brewery
in this area. We have concerns that there are several churches on Sand Bar Ferry and in that
community down there. And I realize [unintelligible] what does it have to do with a church,
what does it have to do with the location of a brewery? We just think there is something
invariably wrong. Rev. Hatney said he withdrew from alcohol approvals. We just think there is
something negative about putting a brewery down there amongst all those churches. We don’t
think a brewery adds to the aesthetic beauty of the community. We think that detracts from the
community. We also question putting such an operation in that area where people live. There
are all kind of houses all around there that may be a problem in the future. We think that this
21
thing should go somewhere in an industrial area that does not have high visibility. We also
realize that the zoning laws says you can put it there, but we just ask the Commission to consider
an exception to this zoning law because we think that there is—that it is just not right to have this
in that community. We also are concerned that the residents who live near there may be required
to move or there are expansions that may occur and we just think that can be a problem down the
road. Now, we understand this is an economic society. There are businesses to be made, there is
money to be made. In order to make sure there is a better understanding of this, we ask the
sponsor to come to east Augusta, the East View Neighborhood Association or the East View
Center and call a meeting [unintelligible] find out what this thing is all about. There are all kind
of stories going around about they’re [unintelligible] so I would ask the sponsor to do this. We
request our leaders, for example in the future, that to avoid situations like these that when
possible the members of the community should receive some type of prior notice about things
like this happening. It’s embarrassing to look up and down there and see something going up
and you don’t know what it is until it gets done and then it’s too late. And [unintelligible] do
something about it [unintelligible] Commission give consideration to stopping it.
Mr. Mayor: Thank you, sir. Commissioner Cheek?
Mr. Cheek: Mr. Mayor, I’m going to make a motion that we delay this item to the
next Commission meeting and ask the petitioner and the neighborhood to meet together to
discuss this and then come back with a report.
Mr. Williams: Second.
Mr. Mayor: We have a motion and a second. Commissioner Hatney?
Mr. Hatney: I appreciate Mr. Cheek’s motion and I will live with that, but that’s a part of
the community I live in, too, and represent. I just have problems with the thought of a distillery
or whatever you want to call it being that close to where folk live. I just think somewhere along
the line we need to understand [unintelligible] colleagues just one question. Please just try not to
vote for anything that go into my community that you don’t want in yours.
Mr. Mayor: Commissioner Bowles?
Mr. Bowles: I would like to get some sense of what this is. Is this like going to be a bar
or is this going to be a production facility where they send it elsewhere or what exactly this is.
Mr. Hatney: It’s a production facility because it says being changed to light industry.
Light industry to sell liquor.
Mr. Mayor: Do we have the petitioner here? If you could enlighten us a little bit as to
what it is?
Mr. Blount: My name is Gerald Blount and I live at 647 Mealing Road. What this is, is
it’s a micro-distillery. And these things have become more common across the country. It’s not
a large facility. It’s low volume. And it’s high quality, high dollar type products. It’s
22
manufacture only. When we start looking for a place to do something like this we obviously
were looking for some place that was like light industrial or very close to light industrial and this
particular piece of property is across the street from light industrial and is also just across the
street in a diagonal from heavy industrial. So we felt like that was reasonable. And then to the
left of the property is a welding shop and it could use some upgrading. And then to the right of
the property is the old veterinary clinic which is in some disrepair. So what we’re looking for is
something we could actually make an improvement on the property there on Sand Bar Ferry
Road. The advantage to us was that it was at a four lane highway and there was easy access
down to Bobby Jones Expressway. All of this is really low volume. We’re talking about
probably four to five pallets of material in a month. There would be some grain that came in but
the products that leave would be really small quantities. This particular—and I actually agree
with Mr. Mitchell insofar as I would love to have the opportunity to better explain all of this.
But this particular piece of property was built in the 20s. It was built as a bar. And it’s now
zoned B-1 which is neighborhood business. It was a rather rough place. There were bullet holes
up through the roof. There are bullet holes coming back down through the roof where the bullets
fell back down in. And I think if it weren’t used in some other fashion other than like what I’m
proposing that eventually it would end up being a bar again because that’s exactly what it is. It’s
build as a bar. And it just so happens that the dynamics or the shape of the thing would work for
us. Distillation of spirits is heavily regulated in the state. The state and federal government
heavily regulate this and they come and make inspections and all. It’s a high security area in the
sense that it will have a perimeter fence and there won’t be anyone ingressing or egressing the
property without permission or reason to be there. It’s low noise. You won’t even know that it’s
there. There’s like I said low traffic, low odor. You won’t even know that’s there. And like I
said, it’s a low volume, high quality product that’s going to be put out. I had—in discussing this
with Mr. Patty he had indicated that there was some concern about fire and so I did some
research on this and the [unintelligible] potential for any type of explosion or fire to be
associated with this facility—that type of thing is very rare because all of this is consumable
alcohol. It’s not in the sense of producing for fuel, if you will, where you have a high
concentration of ethanol. This is in the 40% range and the remainder is water. We’d like to be a
good neighbor and we’ve improved the appearance of the property dramatically and I’ve got
some pictures to show that if I could.
Mr. Mayor: Rev. Hatney?
Mr. Hatney: While you are passing your pictures, would you want this in your
community?
Mr. Blount: I think it’s actually—
Mr. Hatney: [unintelligible] answer my question.
Mr. Blount: Yes. I wouldn’t have a problem with it in my community under these
circumstances.
Mr. Hatney: [unintelligible] where you live you can put it?
23
Mr. Blount: If my place looked like this before someone started it I’d be happy to—
Mr. Hatney: All I asked you [unintelligible].
Mr. Blount: Yes.
Mr. Hatney: [unintelligible]
Mr. Blount: What I passed out were some photographs of what the building looked like
when we started trying to grade it up. And as you can it’s pretty rough. And what it looks like at
present. It’s not completely finished obviously. And I have spoken to Mr. Mitchell today and he
had indicated that what they wanted was people to be a good neighbor. Like I said, I would like
to be one, too, and I’d be willing to be a member of the neighborhood community association if
necessary and look forward to that. This particular project would employ four to five people
initially and all of these jobs would be quite a bit higher than minimum wage. So that’s pretty
much it.
Mr. Mayor: Okay, we have—Commissioner Brown?
Mr. Brown: First of all I’d just like to say that I have a few points I’d like to make. One,
I would recommend to the petitioner that when he comes before this body that he has a better
attitude when he talks to the Commissioners who make the decision about what will affect his
business. The other thing I’d like to say is based on the fact that the petitioner would like to
meet with the residents in the area, I think that that’s something we should give him an
opportunity to do and bring the information back to us after he’s had time to have that meeting.
Mr. Mayor: Commissioner Holland?
Mr. Holland: First, I’d like to commend Mr. Patty and his department on these different
organizations and where they go out and check out these different properties. They do a very
good job. I think they should be commended for that. However, it just concerns me when I see
members of the community come down here to this chamber and ask us to coincide or to work
with them in reference to different things that are being placed in their community. We often
talk about people not coming down here and being involved but when you see a group of people
coming down here [unintelligible] concerned about what is going to be placed in their
community, I believe that we as Commissioners and of course as the Mayor we need to take this
under consideration and start thinking about the things that are being placed in these different
communities because the last time we voted on putting a liquor store in a community
[unintelligible] child care center. So I would think that we would need to think very, very
seriously about placing wineries and these different things in the community, especially when we
don’t live near these communities and we don’t know what’s going on in these communities.
Mr. Mayor: We have a motion and second. Commissioner Bowles?
Mr. Bowles: Thank you, Mr. Mayor. I think a part of the problem with this is a
misconception that this is going to be a liquor store. It’s not going to be a liquor store. It won’t
24
be on-premise consumption. It’s going to be an opportunity for people in the neighborhood to
get jobs and so I am hoping the petitioner will get with the neighborhood and further explain that
there won’t be any on-premise consumption. This is something that will be shipped outside of
Augusta and hopefully to bars in Augusta and hopefully to the bars in my neighborhood because
I enjoy micro-brewed beer. There’s nothing wrong with it. It’s going to clean up the
neighborhood, it’s going to employ people in the neighborhood. And I beg the petitioner to get
with the neighborhood and Mr. Mitchell and hopefully work something out with the
neighborhood.
Mr. Mayor: Commissioner Cheek?
Mr. Cheek: Mr. Mayor, I wanted to—and this is why I made the motion, to allow some
dialogue to occur. I certainly hope that we have some open minds, not closed minds in this
situation, because I’ve driven past that building for a number of years. It’s an eyesore, a health
hazard, or it was, and it’s also a place probably where some of the less pleasant members of our
society congregate. These things of things--I don’t see a wholesale boycott of grocery stores,
most of which primarily sell food and things to eat and health stuff, but also beer and wine. This
is, as has been said, not a liquor store. This is a place where they’re going to produce a quality
product and create jobs, which I would think East Augusta would be interested in, at least have
the dialogue. The thing that concerns me, it’s not in my neighborhood. I’d be happy to have it
out on Peach Orchard Road. You know I’d hate to stand in a position to where I would be
against jobs and cleaning up a dilapidated building and actually improving the neighborhood in
which I live in. Nobody is going to go to this building and acquire beer to drink. It’s going to be
shipped out and create some economic stimulation in this area and in this say. [unintelligible]
not to say it will have anything other than positive impact on the community, really we need to
do some soul searching on that because nothing is going to occur there except the manufacture of
the product and its distribution to other locations. We’re going to clean up a dilapidated building
and create jobs in areas where a lot of people are too poor to own cars or don’t have
transportation and need jobs. So let’s think about what we’re [unintelligible] against. If we’re
taking that building which has been dilapidated for how many years, ten, fifteen or so, and
cleaning it up and bringing a business to an area that’s blighted, half of those store fronts down
there don’t even have windows in them and the roofs have collapsed—I see them every day—I
just hope we don’t throw the baby out with the bath water. We can hope for better things or
hope for nothing, but in the end is that helping improve our community and our city? I’d be
happy to have this out on Peach Orchard Road or somewhere in south Augusta.
Mr. Mayor: We have a motion. Commissioner Hatney?
Mr. Hatney: Mr. Mayor, I just wanted to mention somebody said a misconception or
misunderstanding. Everybody understands that this is not a liquor store. My folk are not that
stupid. Please don’t say it’s a misunderstanding. That’s not what it is.
Mr. Mayor: Okay, we have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign.
Mr. Holland votes No.
25
Motion carries 8-1.
Mr. Mayor: Madame Clerk, next agenda item?
The Clerk:
PLANNING
4. FINAL PLAT – MANCHESTER, SECTION I, PHASE 1-REV – S-742-I-I-REV – A
petition by Southern Partners Inc., on behalf of Nordahl & Company, Inc., requesting final
plat approve for Manchester, Section 1, Phase 1 a revision. This revision of a residential
subdivision is located off Diamond Lakes Way, adjacent to Diamond Lakes Park and
contains 3 lots.
Mr. Mayor: Commissioner Cheek?
Mr. Cheek: Section 1, Phase 1 is what concerns me. The only question I have is, is this
subdivision going to utilize public—the public [unintelligible] roadway for ingress and egress?
Mr. Mayor: Mr. Patty?
Mr. Patty: Mr. Mayor, which item is this?
The Clerk: 4.
Mr. Mayor: Item 4.
The Clerk: Manchester, Section 1.
Mr. Patty: We’ve got a related on the agenda, related to a sales office in the park. This is
large tract that Nordahl has worked for some time to design a subdivision that’s compatible with
the park. Think it could be a nice development. We had talked to them for I guess a year about
how that would be coordinated, how they would use the [unintelligible] road, which is a public
road on the road system to access this property. Because of the improvements to Windsor Spring
Road this is going to be the only logical point of access for [unintelligible] signals
[unintelligible] u-turns made in order to come back to Augusta. It was and is my understanding
that all of this has been approved by Recreation. Tom’s here to speak to that. But I haven’t seen
any written agreements or anything of that nature.
Mr. Mayor: Mr. Beck?
Mr. Beck: Mr. Mayor, members of the Commission, I am very aware of this project.
There’s been a lot of dialogue between Nordahl and our department regarding Diamond Lakes
Way. As you are aware, Diamond Lakes Way was accepted as public road. It is not just a park
road. It is a public road now. Nordahl—probably the biggest issue was the moving of the gate
once the subdivision is open. And they have agreed to do that. And that was really the biggest
26
issue regarding that roadway and their subdivision. So they have agreed to move the gate and
have been willing to do so.
Mr. Cheek: Question.
Mr. Mayor: Commissioner Cheek?
Mr. Cheek: The question is how is this going to impact [unintelligible] racetrack comes
in right there near the gate, and is this going to potentially cause problems for any future
redevelopment of that race track for bike racing or future use?
Mr. Mayor: Mr. Beck?
Mr. Beck: Mr. Mayor, to answer your question the entrance and the gate will be
probably 200 yards away from where the actual race track will be redone into the multi-use trail.
There is plenty of room there not to create any issues. The actual roadway from the subdivision
sits quite a ways back down toward Windsor Spring Road so we feel comfortable with the
location.
Mr. Cheek: I just—and Mr. Mayor, I’m going to close with this. I like the idea that we
can control access to the 200 plus acres of Diamond Lakes with a point of access up there. That
road [unintelligible] used for events and activities, centered around the regional park there. I
have concerns about that roadway, intermingling the two, the neighborhood and the park, as well
as—and I’m going to use this example. If I go over to Riverview Park, the neighborhood is
distinctly separated from the park area, in spite of the land around it, with the exception of the
boat ramp area, which was an old road with an old boat ramp, and they’ve developed it in there
and incorporated it and expanded that recreational property. Here we have a regional park with
land and development potential. I feel like we’re getting it back into—as much as I’d like to see
houses built I’m very concerned about having property developments dump into this park. And I
don’t remember seeing this neighborhood on the master plan, a discussion of how it would
impact the park itself, and I have deep concerns about allowing this use of the park road which is
public, and that’s the way we funded it or had to fund it, but having this used as an ingress and
egress for the subdivision. There is plenty of road space and so forth available [unintelligible]
neighborhoods and on Windsor spring Road.
Mr. Mayor: Commissioner Williams?
Mr. Williams: Mr. Mayor, like my colleague I, too, have a problem and I can’t
understand how we can get to this point [unintelligible]. Maybe the administrator know about
this move to move the gate and to approve this road, but we’re not, as elected officials, we’re not
abreast of it. I’ve got a serious issue when we make agreements and plan for this body that we’re
not included. You usually plan with folks, you can’t plan for folks. Being a regional park I’m a
bit like Commissioner Cheek, I agree that neighborhoods is great, is fine. But when you move
the road back and then you’re got people lined up and folks trying to get out of there and then
folks go to calling this body saying y’all got to do something. Well, y’all didn’t know
[unintelligible] in the first place. And I think the director, along with Mr. Patty, along with the
27
administrator, whoever supposed to be put on, should have put it on and brought it to this body
so we could have made that decision and not have a decision like this brought. Now I know the
last time I was out there, Commissioner Cheek, [unintelligible] going off to the right where it
look like development fixing to start. And I seen where the gate needed to be moved. And
really I didn’t know there was going to be any homes built there. I thought it was another leg of
the original park they was doing. But look like we ought to plan to share our plans with
everybody, Mr. Mayor, so we’ll know what’d coming versus what’s [unintelligible]. Same thing
just happened with District 1 with that brewery and that kind of thing. We ought to be abreast as
elected officials before somebody else make a plan, make a deal or set something up with
anybody, whether it be a developer or not, Mr. Mayor. So I’m [unintelligible] I know they
already done put a road in there and I know they’re ready to do some construction but I think
somebody should have came to us before they spent that money and [unintelligible]. I can’t
support it.
Mr. Mayor: Mr. Patty?
Mr. Patty: If I could just add two things. One, what you’ve got in front of you today is a
revised final plat. What that means is that y’all have already approved the development plan that
basically agreed for them to put in the roads and the sewers and the infrastructure in a certain
way and then they went out and they did that and then after it was all put in then you approved
the final plat saying yeah, that’s okay, it meets all of our rules and regulations and you can sell
lots now. They have revised that final plat. That’s what you’ve got in front of you. To add two
lots. I don’t know how they got two additional lots out of it. That’s what is in front of your
today, to revise that approved plan to add two lots. As y’all sit, they’re out there building this
thing now. And if I can add just one more thing. They have promised to build a [unintelligible]
with a fence on top of it along that back property line adjacent to the track. Make a clean break
between the two.
Mr. Williams: Mr. Mayor?
Mr. Mayor: Commissioner Williams?
Mr. Williams: While Mr. Patty there, if they was approved and they done added two lots,
that wasn’t approved. [unintelligible] now what was approved the first time, if it was 10 acres
and 5 acres [unintelligible] and you telling me now they added two lots. So what we approve
[unintelligible] you know what the routine is like. But it’s about making it plain so we
understand it. When we come in here and we don’t want to hold the meeting up long, we
[unintelligible] rubber stamp stuff s we can get through here. The same situation like we doing
now, when we don’t have a fully good understanding of a project or we don’t know all the
participants then we go ahead and approve something, thinking we’ve being helpful and keeping
our city moving. Sylvia Cooper will tell you it ain’t moving [unintelligible] why I did that,
George. But it is moving. We’ve got to be progressive enough to know what’s coming, how it’s
going to be coming, how it’s going to affect. We’ve got a regional park. And we talking about
[unintelligible] racetrack out there, Fred, [unintelligible] bike trails and some other stuff that’s
out there. If you going to make it convenient for a said group and then everybody else got to
come out there and can’t get in the property—we had problem with the last [unintelligible] one
28
side of the road was complaining. And I said to them you can’t accept the park and not accept
the responsibility that go with the park. And all that [unintelligible] we ought to be informed
[unintelligible].
Mr. Mayor: Commissioner Cheek?
Mr. Cheek: Mr. Mayor, I’m going to say this, and I’ll take full responsibility that perhaps
the discussion of using Diamond Lakes Way as an ingress/egress occurred, may have occurred
when I was—after my injury and I may have missed it. I may have overlooked it. But as much
blood as I’ve shed for Diamond Lakes and the projects out there, for me not knowing that we’re
going to bastardize that park by putting this neighborhood in there, to take away from the same
quality we see across the river, I mean you go down [unintelligible] they don’t use park roads for
neighborhoods. It’s a separate entity, designed to be defined different from the neighborhood.
And now we’ve got what used to be that road [unintelligible] of the mast plan realized, sharing
with the neighborhood when there is more than adequate road frontage on Windsor Spring Road
to add driveways for these neighborhoods. And how it got to this point—and if we have no
choice we’ll accept it but this is consistent with doing things in Augusta that don’t improve
Augusta, that don’t do the things that are successful, beautiful and make a community a nicer
place to live. We’re allowing—and [unintelligible] part of my district over there. I had to deal
with half a million dollars of drainage problems that were left to us by some of these developers.
Still dealing with some in Pinnacle Place. This is just not smart development and for us to allow
it to get to this point is very disappointing. The question, Mr. Mayor, is so what I’m hearing,
George, is we have no choice, it’s been voted on and we’ve got to move forward with this?
Mr. Patty: Well, you can deny it in which case the plan you’ve already approved will
stand and they just won’t be able to get these three additional lots out of the hundred or two
hundred lots.
Mr. Cheek: So they will still have the ingress and egress?
Mr. Patty: I think that’s a made decision. You approved the development plan and final
plat previously showing the same stuff. They’re out there building.
Mr. Mayor: So, gentlemen, do we approve the two extra lots? Commissioner Brown?
Mr. Brown:
I’d just like to say that when I first came on the Commission I had an
opportunity when I was doing town hall meetings to work very closely with Mr. Beck and we
talked about this particular subdivision that was going in the district, right near Diamond Lakes.
And he explained to me how the road was going to be cut in, the road would be used by the
residents of that new neighborhood that was going on, and I felt very good about that happening.
I think there were supposed to be about a hundred homes to go in, was it? A couple of hundred
homes that were going to go in there when I felt would be a big boost to the district. And I did
question the fact of what would happen about the road, and it was explained to me that it had
already been approved, that had already been voted on, and that the road was going to be shared
because it was a public road already. So I think that the issue that we’re talking about and the
issue we’re being asked to vote on are two different issues. So basically for that reason I would
29
say that the issues that we’re discussing right now is not the issue that we’re asking the
I would just like to see us pass this at this time.
Commission to vote on today and
Mr. Mayor: Would you like to put that in the form of a motion?
Mr. Brown: Yes, I would.
Mr. Bowles: Second.
Mr. Mayor: We have a motion and second.
Mr. Cheek: Point of clarification, Mr. Mayor. [unintelligible]
Mr. Mayor: Mr. Cheek?
Mr. Cheek: When was this voted on to have this occur?
Mr. Patty: The original final plat probably came to you two months ago. Discussions
about whether this should be done, whether it’s a good idea occurred over a year ago.
Mr. Cheek: I was here at every meeting over a year ago and I’ll be damned if I remember
any conversation about a drive to a neighborhood being on Diamond Lakes Way.
Mr. Mayor: Commissioner Williams?
Mr. Williams: Mr. Mayor, if I can get the Clerk to research, come back and I brag on the
fact that I missed one meeting in seven years. I had a death in the family or I would have been
here then. But I couldn’t be at both places. But I don’t even remember—and I’m not saying it
didn’t happen—but I would like for the Clerk to pull those minutes so I can see when we, what
we talked about and when we voted on that. And I’m sure it was voted on. But when you do
something that drastic, you talking about 200 homes. We’re not talking about 50 homes or 20.
Talking about 200 homes back in that area, you’re talking about two cares, you’re talking about
400 cars because each family going to have at least two cars, some got three. But you talking
about 400 cars coming in and out, plus you got [unintelligible] coming into the park. We would
have had enough knowledge to say hey, wait a minute, how we going to handle this? Now I
agree with Commissioner Cheek. I think maybe something done got out of the bag. I’m not
going to support it but I think maybe something got out of the bag. I would love to see, Mr.
Mayor, that the Clerk find those minutes, let us see when that plat was put together, what we
voted on, in fact even who voted.
Mr. Mayor: Commissioner Hatney?
Mr. Hatney: [unintelligible] not being familiar with this, my question is, and I think Mr.
Grantham has answered it, but what you are asking for is this [unintelligible] three lots, not the
whole 200? Is that what I’m hearing?
30
Mr. Patty: That’s correct.
Mr. Hatney: In other words [unintelligible] have any [unintelligible] at all?
Mr. Patty: No.
Mr. Hatney: But these two lots will share the same entrance as the 200?
Mr. Patty: They’re somewhere back in the subdivision that basically comes out in the
road to Diamond Lakes Road. If you want me to, I’ll get the plat and give you details as to
where those lots are. I’ll be glad to do that.
Mr. Hatney: But it’s only three?
Mr. Patty: Yes.
Mr. Hatney: Not the 200?
Mr. Patty: No. The 200 are approved. The hundred or 200 have been approved. I don’t
believe I brought that plat with me, to be honest with you, but I can certainly go get it. However
you want to handle it we can handle it.
Mr. Williams: Mr. Mayor, I think Mr. Hatney need to know that’s additional three lots
now.
Mr. Hatney: I understand.
Mr. Mayor: Okay, we’ve had a motion and a second. Is there any further discussion?
Mr. Hatney: What’s the motion?
Mr. Mayor: The motion by Mr. Brown, Madame Clerk, is to approve.
Mr. Williams: Mr. Cheek made a motion.
Mr. Cheek: I didn’t make a motion. I’m going to differ to the Commissioner that has
inherited Diamond Lakes.
Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual
sign.
Mr. Williams and Mr. Holland vote No.
Mr. Hatney abstains.
Motion carries 6-2-1.
Mr. Cheek: Mr. Mayor, a point of personal privilege.
31
Mr. Mayor: Mr. Cheek?
Mr. Cheek: Mr. Mayor, just briefly to say that the decision to do this, however it
occurred, has taught me to doubt the wisdom of some of our leadership within the staff, and as it
pertains to the future [unintelligible] Augusta an attractive place to live and protecting the
resources that today are unequal today in the southeast and I just have serious reservations about
how this occurred or how it even got on the table to begin with and we didn’t protect that park.
Mr. Mayor: Commissioner Williams?
Mr. Williams: Mr. Mayor, likewise, I think Mr. Cheek is right, but also I want to remind
[unintelligible] when it comes back to haunt us when that traffic is overwhelming and then we’ve
got to come and buy some other property to make a road. We need to remember this date, how
we voted, and I say again that when we negotiate with the developers or anybody else it ought
not be negotiated with our department heads. Needs to be negotiated in this meeting, in this
room, so we will know and we’ll be abreast of what’s happening, what’s done. I’m not against
development but I think we’re not having the dialogue we need to have, so it will get to the
proper people who going to make the final decision.
Mr. Mayor: Madame Clerk, next agenda item.
The Clerk:
PLANNING
13. Z-06-88 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE with the condition that the property sale be completed within
120 days or the zoning reverts to the current LI (Light Industry) and HI (Heavy Industry)
zones; a petition by Hope House Inc., on behalf of R. W. Allen, requesting a change of
zoning from Zone LI (Light Industry) and Zone HI (Heavy Industry) to Zone B-2 (General
Business) affecting property containing approximately 6.65 acres and is known under the
present numbering system as 2205 Highland Avenue. (Tax Map 056-3 Parcel 007-01)
DISTRICT 5
Mr. Mayor: Commissioner Grantham?
Mr. Grantham: Yes, Mr. Mayor, I had this pulled to discuss the restrictions of the 120
days. I understand from the project that it may take longer than that to complete the conditions
of the sale and maybe we need to hear from the petitioners and from the people involved as far as
their request goes and see if we can’t give them a little assistance in that regard. Looking at this
being the Hope House, it’s certainly a place for battered women and children and this is
something that I think is in our hearts and minds very dearly and it’s something I feel like we
need to listen to and look at.
Mr. Mayor: Could you please state your name and address for the record?
32
Mr. Simkins: Brian Simkins, 3023 Cardinal Drive. When we went before Planning and
Zoning we thought that the 120 days would be sufficient time to get the tests done. The agency
the Hope House has to work through is the Department of Community Affairs and other agencies
in Atlanta for the funding that they have to have to make this project necessary. It turns out that
they don’t feel that that time frame [unintelligible] and the seller, Mr. Rick Allen, has graciously
th
said that we could take the time frame all the way out to April of ’07, April 30, 2007. the staff
of Hope House is here today and they would like to get the property closed as soon as possible.
They don’t control the money and so they are going to have to go to someone else and go
through bureaucratic red tape to get this all done. And that was the reason we asked for that time
th
frame to be extended from 120 days April 30 of ’07.
Mr. Mayor: Commissioner Grantham?
Mr. Grantham: Mr. Mayor, I’d like to ask Mr. Patty if he thinks this would be a problem
with his Commission as to approving. They have approved this, but would any extension time
be any problem with your people?
Mr. Patty: No. That was put on there at the request of the seller.
Mr. Grantham: Mr. Mayor, I’d make a motion that we grant up to April 1 of 2007
th
and give them—April 30 of 2007 and we grant them that permission to do that.
Mr. Cheek: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Mr. Williams: Mr. Mayor, do we normally put a time on it, George?
Mr. Mayor: Mr. Patty?
Mr. Williams: [unintelligible]
Mr. Patty: [unintelligible] reversion clause [unintelligible] have to be initiated and paid
for by the property owner. It’s just sort of an acknowledgement that if the sale doesn’t go
through, the property which is now zoned industrial could be back to industrial. He’s
[unintelligible] give up his industrial zoning, won’t be able to get it back.
Mr. Williams: Okay, just a revert clause, but I’m just wondering about the date, about
the time, the 120 days or 10 days, but we done this before where the property would revert back
to present zoning if the property is not sold or if they [unintelligible].
Mr. Patty: We don’t normally do it this way but I don’t see any reason you couldn’t do it
this way.
33
Mr. Williams: Okay. I was just asking the question because I’m not used to the date, the
time frame. I know we done many where the property was reverted back to what it initially was
[unintelligible]. I don’t see anything wrong with that, Mr. Mayor.
Mr. Mayor: We have a motion and second. Any further discussion? Commissioners
will now vote by the usual sign.
Motion carries 9-0.
Mr. Mayor: Madame Clerk, if we could move on through the regular agenda.
The Clerk:
PUBLIC SERVICES
22. Discussion: A request by the Richmond County Sheriff's Department for a hearing
to consider the possible Probation, Suspension or Revocation of the Alcohol Beverage
License held by Mohammad R. Aslami for Milledgeville Spirit Center & MLK Lounge
located at 2238 & 2238 1/2 Milledgeville Rd for the following violations: incidents of Simple
Battery, Aggravated Assault and Murder. District 2. Super District 9.
Mr. Mayor: Commissioner Williams?
Mr. Williams: Thank you, Mr. Mayor. This has been brought several times. I’m
wondering when we are going to get to some finalization to do this. This agenda item today,
which is do what, Mr. Administrator, Mr. Attorney, if we go ahead and approve what’s on the
books, what will that do?
Mr. Mayor: Mr. Shepard?
Mr. Shepard: It’s a hearing to suspend and revoke, put them out of business temporarily
or permanently, Mr. Williams.
Mr. Williams: Okay.
Mr. Shepard: I think we should have the evidence before the body before any decision is
made. I think the Sheriff’s Department is here.
Mr. Williams: Okay. Mr. Mayor, let’s hear from both parties, the Sheriff’s Department
and the proprietor to see what’s what. This been an ongoing situation. We tolerated—the
neighborhood is not here but I’ve got numerous calls about this facility. Three or four deaths has
occurred. It just been an ongoing problem over there. But I yield to hear from the Sheriff’s
Department and what their recommendation is.
Mr. Mayor: Commissioner Grantham?
34
Mr. Grantham:
Thank you, Mr. Mayor. We do have a letter in the backup in regards to
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the [unintelligible] and it was dated July 28, 2006. And it indicates the simple battery,
aggravated assault, and murder. And it is requested by the Sheriff’s Department that this license
and this sale of alcohol be revoked from this establishment. As Chairman of Public Services that
this comes under, we have had this come up several times and we’ve even had additional
And so under those conditions I’m
requests for license to this location that we have refused.
going to make a motion that we adhere to the Sheriff’s Department. I don’t mind hearing
from them but I think a letter from [unintelligible] is enough for me and I’m going to ask
that we revoke the sale of alcohol from this establishment.
Mr. Williams: I second that.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Mr. Brigham: I think we really need to hear [unintelligible].
Mr. Grantham: [unintelligible] put it on the floor.
Mr. Mayor: Yes, sir, we’d like to hear from you, if you’d state your name and address
for the record. Five minutes, please.
Mr. Nicholson: I’m Chris Nicholson. I’m an attorney here for Mr. Mulherin who owns
the establishment. I’m located at 16 Ninth Street here in Augusta. When he first contacted me
about a month I think it was the hearing last week, and it didn’t happen last week. From talking
with him, I think this incident happened back in February of this year, he had previously that
week had a sale for this business and I think the amount was a little over $150,000. As a result,
when this incident happened the following Friday of course he lost his sale. And he was—the
buyer withdrew. So he’s in—it put him in a bad situation there. He’s had this business there for
12 years and I don’t think he’s ever been on probation or had any other problems before. What
he’s asking, and he asked me to do, and to represent to you is that—I think the problems come
from he had a beer and wine license for the back of his establishment where people could go in
and drink beer and wine in there. And apparently I don’t believe there are any problems that
happened inside the establishment; they happened outside in the parking lot. And I understand
the concern there. And of course what he would like you to do and asks you to do is possibly put
him on probation until the end of the year and he will withdraw his beer and wine license and
just have his liquor license there. Nobody would have any reason to hang around there, for any
other reason. And he has tried to police it and he’s had a problem getting the police to come
there because of the situation and he’s not been able to hire any other private security to handle
this matter. But he’s willing to forgo his license, the beer and wine license and close up that part
of the establishment, leave his liquor license until the end of the year so he can liquidate. If you
liquidate, give him time to clear it out. I mean he has approximately about a $400,000 a year
business that he operates himself. But he’s ready to give it up, too, because of the problems he’s
had. He’s never been in any problems before, been ever cited or ever arrested before, and just
ask if he could possibly be put on probation until the end of the year and he will surrender the
beer and wine license and just continue with the liquor store license.
35
Mr. Mayor: Commissioner Holland?
Mr. Holland: Let me ask a question, sir, through the Chair. Did I understand you to say
he has a problem with bringing the police there and is not able to get any security there?
Mr. Nicholson: Well, he had them for a while and I believe because of the situation it is
just hard for him to police it. Because a lot of people coming there were under age. Not inside
the premises, but outside, and this is where all of this happened, was outside the premises. And I
think the police feel like this is a gathering point and people have complained to Rev. Williams
about it, this is a gathering point where this is happened. And if this were the only establishment
in the county where this happened, you know, I’m sure it’s happened at a lot of other
establishment. But he’s willing to forgo his license. He feels like that’s the problem and
[unintelligible] but he’s cut that back to one day a week but he’s willing to give that up so he can
go ahead and liquidate the business, and just continue on with the liquor license.
Mr. Holland: If he can’t get any security there then who is going to help control it?
Mr. Nicholson: Well, it won’t be anybody to hang around there other than just the liquor
store. I don’t think you need that type of security. Just like other clubs, you know, that have
security that work there and you pay by the hour. But I mean as far as the liquor store he does
not need that type of security.
Mr. Mayor: Commissioner Brown?
Mr. Brown: I’d just like to make a couple of points about this particular situation. I think
that one thing we need to keep in mind is that there is an establishment down on the lower end of
Laney-Walker Boulevard where there were problems. We did not have information about the
sheriff wanting to close them down, we did not have any murders that happened there. It was not
ongoing problems there that were of this magnitude and that place has been policed and the
activities that have been going on there have stopped. The other thing that I would like to bring
to the attention of this body is that we certainly have to be careful, the message that we send to
the businesses that comply with the rules and regulations of this city. We also have to be very
mindful of the message that we sent to the family members of the people who have been
murdered at this establishment. I think it’s very important that we also follow the
recommendation of the Sheriff’s Department. This is the first time I’ve seen a request that
someone’s license be suspended or revoked.
Mr. Mayor: We have a motion and second. Is there—
Mr. Brigham: Mr. Mayor, I’d still like to hear from the sheriff.
Mr. Mayor: Do we have a representative of the Sheriff’s Department?
Mr. Elim: The sheriff’s position in reference to this location, as you know we don’t
normally ask for revocation. We normally use [unintelligible] approach. But you can tell from
the incidents I’ve noted in my letter to you we thought that there is a high likelihood that the
36
same type of situation was going to happen again. And we didn’t want to not act or give the
Commission the opportunity act to prevent that. It is my belief—I heard some conversation
about [unintelligible] work off-duty. It’s hard for me [unintelligible] if you can have a
gentleman make the same amount of money working at the mall versus work out there, for lack
of a better turn, having a fight and be subjected to that type of atmosphere over a small amount
of time, he’ll work at the mall. As [unintelligible] and that’s the reason why we asked for a
revocation.
Mr. Mayor: Commissioner Brown?
Mr. Brown: [unintelligible] I’d like to see if we could get him to come forward and give
us some information about what happens with these alcohol licenses and what will happen if we
do decide that we will suspend or revoke a license.
Mr. Mayor: Mr. Harris?
Mr. Harris: [unintelligible] what will happen to the applicant?
Mr. Brown: Or suspended? Is there a period and maybe some history on other licenses
that you know of that may have been suspended or revoked?
Mr. Harris: Well, everything is at your discretion. If you decide to put them on
probation, you can put them on probation for six months, you can put them on probation for 12
months. If it’s suspended you can suspend it for 30 days, you can suspend it for six months or a
year. If it’s revoked, well, we know what that means. The license is gone. It’s at your
discretion what you deemed necessary, what you want to do.
Mr. Brown: How long have you been with the city, in the licensing department for
alcohol?
Mr. Harris: Been with the city right about 24 years. I’ve probably been doing alcohol
anywhere from 12 to 10.
Mr. Brown: How many times have you seen a request that a license be suspended or
revoked?
Mr. Harris: Probably two or three times at the most.
Mr. Brown: Thank you.
Mr. Mayor: Commissioner Williams?
Mr. Williams: I was going to ask the Sheriff’s Department one question, then we can go
ahead and take a vote. My question is, I think we’ve been more than fair, more than lenient with
the traffic up and down the street. You can’t get [unintelligible] but how many cases have y’all
got, how many times have [unintelligible] cited [unintelligible] facility with stuff going on? And
37
you and I talked about it several times before it got to this point, before there even was a fatality
there.
Mr. Elim: [unintelligible]
Mr. Williams: How many times have y’all had to go in? I know there’s three or four
deaths there.
Mr. Mayor: [unintelligible]
Mr. Elim: Considerable. I don’t have all of our calls. Just the reports [unintelligible] in
excess of 30 times at least, and probably more than that.
Mr. Williams: I know that we been more than fair and we understanding business, but
you got to handle your business. If you can’t handle your business then it’s nobody’s business.
Mr. Elim: And keep in mind what I’m citing to you is not just [unintelligible] what I’m
citing is simple assaults, cocaine possession, aggravated assaults, murder.
Mr. Williams: That’s enough. I don’t need no more, Mr. Mayor. Call for the question.
Mr. Nicholson: May I ask him a couple of questions?
Mr. Mayor: I believe we’ve heard from all parties.
Mr. Nicholson: I was just mainly making it for the record.
Mr. Mayor: Okay, go ahead.
Mr. Nicholson: How many murders did you say occurred here?
Mr. Elim: Two.
Mr. Nicholson: And when was this last incident that happened here?
th
Mr. Elim: June 10.
th
Mr. Nicholson: June 10 of this year?
Mr. Elim: Yes, sir.
Mr. Nicholson: Do you know how many murders occurred in the city of Augusta?
Mr. Elim: No, sir.
Mr. Nicholson: You don’t know how many there are?
38
Mr. Elim: [unintelligible]
Mr. Nicholson: How many occurred around clubs or bars in the city; do you know?
Mr. Elim: [unintelligible]
Mr. Mayor: We have a motion and second. Is there any further—Commissioner
Brigham?
Mr. Brigham: Mr. Sheriff, you done danced around it. Now, give us a reason, just go on
and say the reason, if this is the reason or not that you’re asking us to revoke this license is
because of the death there? Is that—
Mr. Elim: No. [unintelligible] what I’m saying is I think it’s a dangerous location.
Mr. Brigham: Now what I want to know is why haven’t you made a recommendation to
put them on probation prior to now then?
Mr. Elim: Well, after the last shooting we [unintelligible] not just with that death but
everything after that death.
Mr. Brigham: I understand. I’m trying to [unintelligible] procedures that [unintelligible]
ordinance is that I want a good real reason and I want to vote to revoke this license but I want
you to give me that reason to do this.
Mr. Elim: What I would tell you, Mr. Brigham, is that [unintelligible] it has steadily
increased, the violent activities at that location. Not just the death. If you take the death out of
the picture you have us going in there for cocaine possession, marijuana possession, aggravated
assault, simple assault [unintelligible] I’m thinking we might have another murder there. I don’t
want to take this man’s livelihood and [unintelligible] but I just rather speak from facts.
Mr. Brigham: And over what period of time did these events occur?
Mr. Elim: [unintelligible] I’m telling you about [unintelligible].
Mr. Brigham: Since the first of the year?
Mr. Elim: November to the last shooting [unintelligible] it gets worse.
Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual
sign.
Mr. Hatney abstains.
Motion carries 8-1.
39
Mr. Mayor: Next agenda item, Madame Clerk?
The Clerk:
PLANNING
23. Consider request from the Greater Augusta Arts Council for city support for the
Arts In The Heart Festival, September 15-17, 2006.
Mr. Cheek: So move.
Mr. Mayor: Mr. Administrator? We’re on item number 23.
Mr. Russell: Mr. Mayor, members of the Commission, the Greater Augusta Arts Council
has again requested our support for the Arts in the Heart, as they did last year. What we did
with the James Brown Festival was model the support we gave them for the same level of
support we’ve given the Arts Council previously. Because of the nature of the event, because of
the widespread impact upon the city I would again support this for this year at the level that they
requested. Provide a free venue, provide $8,000 or so toward security and [unintelligible] James
Brown. I would like to put them on notice, though, that this will be the last time that I would
support that level of support. I think they expect it this year, I think they deserve it, as they
always do, but I think we have basically led them to believe that would be forthcoming as they
did their planning [unintelligible] support last year and I would support that this year, to be taken
out of contingency, but I would once again put them on notice that given the nature of our budget
that they would have to find other funding next year.
Mr. Mayor: Mr. Williams?
Mr. Williams: Thank you. I’m in support 100% but I do think we’ve got to get creative
[unintelligible] having a good time. That’s definitely not true. We learned that there are
mechanisms we can [unintelligible]. Mr. Russell and I talked about it. he gave me some
[unintelligible]. We do need officers that licensed to carry a weapon on them but we also can set
up staff security where they can communicate and have them [unintelligible] a person or
[unintelligible] a situation until the law officer get there. We pay a lot of money to our Sheriff’s
Department for off-duty police, and I don’t expect them to work for nothing. But we’ve got to
get creative. Other cities are doing it. The last time in Savannah, every situation they had on
River Street, you didn’t see a uniformed officer unless he rode up on a car. And the mix of the
crowd, the mix of the people [unintelligible] plain clothes I just didn’t see what we see. When
we do events we got cars sitting on the corner with the light flashing and you really telling
people don’t come over here cause there are some problems. And I just think we got to get
creative. Use that money wisely, hire a staff, let them be identified with a certain security on
[unintelligible]. I’m not saying we shouldn’t have any officers, but to use the money to the
extent we been using it, I think we losing money. I think, you know, we would never be able to
put on function. Any taxpayer, anybody come through the city of Augusta should be protected
by the law. And you [unintelligible] be there. So we got to get creative. Hopefully we can sit
down with Mr. Russell, with the Sheriff, with some agency or [unintelligible] but get creative
40
and do our staff and do our security so we can continue to do these kind of things that going to
bring dollars to our community. That’s all I want to say, Mr. Mayor.
Mr. Mayor: Commissioner Smith?
Mr. Smith: Thank you, Mr. Mayor. I don’t know anybody that is not in favor of the Arts
in the Heart of Augusta. I know my family has enjoyed it for seven years. However, in view of
what we’ve already voted to do with our next year’s budget, I’m going to have to make a motion
that we have a moratorium on giving cash or buying tickets or that kind of thing to anybody for
the rest of this calendar year. I just feel like we need to really hold this tight until the end of this
calendar year, give us enough time to recoup and know which direction we’re going in the next
year. I put that in the form of a motion.
Mr. Hatney: I second it.
Mr. Mayor: Commissioner Brown?
Mr. Brown:
I’d just like to say that this is an event that of course I’ve heard about my
whole life. I had the opportunity to get close to this even when my younger brother, Russell Joel
Brown, was intricately involved with this event. There are a large number of volunteer work
done to help this event be put on. I think that it’s very important that this city support events like
this, not only for the residents here that are adults but also for the youth who have an opportunity
to see people do things that they may not be normally able to see and give them the opportunity
to dream, to do things that may not normally be able to go places outside of Augusta to see
I’d like to make a
happen and I’m certainly in support of us being a part of this event and
motion that we receive this request by them in full at this time.
Mr. Cheek: Second.
Mr. Mayor: Commissioner Holland?
Mr. Holland: Yes, sir. I’d like to ask a question to the administrator. Maybe I’m being
a little forgetful here but did we approve $8,000 for security [unintelligible] cash for the James
Brown Festival?
Mr. Russell: Yes, sir, we did.
Mr. Holland: We did?
Mr. Mayor: Commissioner Brown?
Mr. Brown? As you all know I was someone who was very instrumental in working with
the James Brown Music Festival. I did see the check for $8,000 in security that was given to the
James Brown Music Festival. My brother, who I said earlier was an instrumental part of this
event in the past, is now performing with the Lion King. He’s doing the West Coast Tour.
41
Without opportunities like this for the young people to get involved in the arts, we’re not going
to produce any more people out of Augusta like that.
Mr. Mayor: Commissioner Cheek?
Mr. Cheek: Mr. Mayor, one of the things that concerns me is that we don’t take the,
again, baby out with the bath water. We can do away with buying tickets. For us going to
events and sitting at a table and having a nice dinner has very little significant economic impact,
positive impact on the city. Things like Arts in the Heart and the James Brown Music Festival,
other things that bring hundreds and thousands of people to this city is economic development.
It is consistent in other cities that we see those cities contribute venues and security and other
things that they have in order to bring thousands and hundreds of thousands of people to their
city to spend money in their stores, restaurants and other things. We need to be in the business
of promoting these types of events. Arts in the Hear is recognized nationally for its quality and
the way it’s run, and Brenda, y’all do a really good job with that. We need to grow more
festivals and we need to cooperate in economic development. This is economic development.
Going to a dinner and being important and sitting at a table and being recognized is not
economic development. I’d like to see the line drawn if we do a moratorium to cut those types of
things and take that same money—because if you add all the money up for these types of
festivals—these are pennies compared to what we need to cut in other areas in the way of fuel
and utilities and head count in the rest of the government. So we need Arts in the Heart. We
need to support it and other festivals and get people into Augusta to see what a beautiful city we
have and hopefully get them to move here and spend money here.
Mr. Mayor: Commissioner Hatney?
Mr. Hatney: [unintelligible] do we have a fund set aside for activities such as this? Is
there a fund?
Mr. Russell: No, sir, there’s not.
Mr. Hatney: [unintelligible] rest of the year?
Mr. Russell: No, sir, there’s not but we did anticipate this and there is sufficient money
in the reserve to cover this.
Mr. Hatney: When you say reserve, what do you mean?
Mr. Russell: We have approximately [unintelligible].
Mr. Hatney: This year’s reserve?
Mr. Russell: Yes, this year’s reserve.
Mr. Hatney: That you’ve already programmed for?
42
Mr. Russell: Yes, sir.
Mr. Williams: Call the question.
Mr. Mayor: Commissioner Grantham?
Mr. Grantham: Thank you, Mr. Mayor. I feel like in the spirit of what Commissioner
Smith and Commissioner Cheek have said, it gives us reasons to look at this particular venues as
far as isolated ones that we concentrate on. Just because we give to one doesn’t mean we need to
turn right around and keep giving and keep giving to all the others. I feel like they’re on the
right track as far as the direction we need to be going in. But I do find that the Arts is certainly
one that we need to support in this effort, to keep bringing that type of activity to our community.
If I’m going to go sit down at a dinner table that is going to cost $30 for this government to pay
for, then I don’t see the need for them to do it. I’m going to pay for it myself. The other thing is
that just last week we turned down in our Finance Committee that we went through in consent
today was the girls’ basketball team and represent Augusta in a very favorable way. Well, those
are nice and I think that’s a good way to promote Augusta. However, we have to draw the line
somewhere and in doing so several of us on the Finance Committee last week made an effort and
we indicated that we would write a check to that organization personally to see that that’s done.
And I think that’s what we need to do. Show them support from the community level from me
as a citizen, as well as a Commissioner, but in areas such as this I think we need to show a
support and effort from our entire community and do the right thing for these type events. Thank
you, Mr. Mayor.
Mr. Williams: Call the question, Mr. Mayor.
Mr. Mayor: We have a substitute motion on the floor to approve. The Commissioners
will now vote by the substitute sign.
Mr. Smith votes No.
Mr. Hatney votes Present.
Motion carries 7-1-1.
Mr. Grantham: Just a comment, if you don’t mind.
Mr. Mayor: Mr. Grantham?
Mr. Grantham: I think our administrator made a good point, that having previously made
a commitment for this year that we all need to be cognizant of what we as the Commission are
having to do in cuts and that we ask these agencies and these people to do the same thing in
presenting requests, as well as getting support in some way throughout the public. And I know
you do that, but please know that we are willing, we want to help you, we want to support you,
but understand our situation as well. Brenda, I feel like you do so thank you very much for
y’all’s time and for what you do for our community.
43
Ms. Durant: Thank you all very much. And I’d like to present you with proof of
performance binder of what we did last year [unintelligible].
Mr. Mayor: Thank you. Madame Clerk, if we could move on to the next agenda item.
The Clerk:
PUBLIC SERVICES
27. Motion to approve terminating the employment agreement with Mr. Richard
Hatfield, Newman Tennis Center Manager, and to create and place Mr. Hatfield in an
authorized position of Tennis Program Supervisor, grade 49, at an annual salary of
$45,743.
Mr. Mayor: Mr. Beck?
Mr. Beck: Mr. Mayor, members of the Commission, at a recent meeting last March, you
instructed me to come back with this information when there was discussion regarding this
employment agreement at that earlier meeting. We worked up a job description that was
submitted to Human Resources for their approval, which they did approve. From a financial
impact standpoint, the salary that is commensurate with this will actually be pretty equal to what
the manager was making under his contract with the other stipulations that were in his contract.
The reason it’s on the agenda today is this contract, which has been for eight consecutive years
on a one year basis, is actually up the end of this month. So we bring it to you today for your
approval.
Mr. Mayor: Commissioner Brown?
Mr. Brown: Thank you, Mr. Mayor. I just wanted to ask one question about this. These
were one year contracts and we’re asking for an additional one year?
Mr. Mayor: Mr. Beck?
Mr. Beck: Mr. Mayor, to answer your question, this would make him a regular
employee. That was what the direction I was given, to terminate the one year contract, which he
was under contract. This would make him a regular employee of the government.
Mr. Brown: Thank you.
Mr. Mayor: Commissioner Bowles:
Mr. Bowles: Thank you, Mr. Mayor. I just would feel, and I don’t know what the
administrator’s ideas are with the budget reductions but I feel at this time to add any more
personnel onto the city’s payroll, it’s not a good time to do it and it would be unwise for us to
vote to approve to add additional personnel when we’re about to have layoffs.
Mr. Mayor: Commissioner Williams?
44
Mr. Williams: Mr. Mayor, thank you again. I agree with Mr. Bowles. I remember this
contract coming up and there was additional benefits, wanted to get an increase when the regular
employees got an increase and all that. My question would be since we are going to do some
layoffs and don’t know where we are, was this job advertised, did we try to get a competitive
person to come in for less money? He’s been there for eight years and we just dissolving the
contract and putting him on the payroll. I think if we going to put this job out, eight years
compared to 18 years, in the Recreation Department, ought to have at least a competitive side to
say I applied but my application didn’t make it because I had not had the experience or
something. But to just drop a contract and give it to a person, I don’t think this government can
do that, Mr. Mayor. In lieu of the fact that we are waiting on Mr. Russell to drop the bomb on us
and tell us how many people going to be scattered, I don’t want to add anybody else to the
equation just yet. I understand that the position need to be filled but I think we can do without
that one until we can at least see which direction we’re headed in, Mr. Mayor. So that—I’m
going to make a motion that we deny this and let Mr. Russell come back and see and then we can
do a competitive process when it comes to hiring for any position in Recreation or any part of
this government. Ought to be a competitive situation where we would have him to apply like
anybody else and at least go through the process. But that’s really slapping us in the face when
you bringing a man who has been here for 8 years and then give him the job versus somebody
else who [unintelligible] apply for the job [unintelligible].
Mr. Holland: I second that motion.
Mr. Mayor: We have a motion and second. Mr. Grantham?
Mr. Grantham: Thank you, Mr. Mayor. You know, I don’t have a problem with that.
However, I do think that Mr. Beck has done what we’ve asked him to do, that back in March we
requested that he make this available to us, that this particular individual would be looked at as
far as permanent employment. But under the circumstances with what we’re faced with and
what we’ve asked Mr. Russell to do, I’m in agreement to put this on hold and then see if we can
go out for some type of employment that might come back in at a lesser or if that gentleman
would like to apply at that time I think it would be in order to do just that. My question is can we
get some form of extension with this individual based on a short term period while we are going
through this process so that we still have supervision and the maintenance of that particular area?
Mr. Mayor: Mr. Beck?
Mr. Beck: Mr. Mayor, to answer your question, there is a 60 day notice in the contract.
nd
The contract actually is up September 2. I was bringing this to you with hopefully enough time
to get something done. I would like to say also that the reason that this was being brought before
you with this particular manager being recommended to go into this job is based on the
outstanding job this individual has done for this city and that tennis center over the last nine
years. There is a tennis tournament coming in this weekend that he is very responsible in getting
with a thousand people from around the state coming in. Economic impact. That is the reason
he was being brought forward. You approved nine contracts for him earlier. Nine one-year
45
contracts. Thought his performance was good enough then. That’s why I was bringing this to
you in this form per your request.
Mr. Mayor: Mr. Williams?
Mr. Williams: Mr. Mayor, I don’t have a problem with trying to get through this match
and see what Mr. Beck is talking about. And I [unintelligible] tournament that’s already on
process. But we got to understand something now. That wasn’t what was brought to us. What
was brought to us was go ahead and hire a man or put a person in the position that was already
under contract with us and just swap him over. That was my opposition to that, is to be fair
when we do our hiring practices. I don’t know this guy. He could be walking in this room right
now and I wouldn’t know him. But my point is though that I want to make sure everybody is
treated fairly when it comes to opportunities to move up or expand their horizons in this
government. Now, what would that cost us, Mr. Beck, to go to the end of the year with what
we’re paying him now? How much additional money would that be?
Mr. Mayor: Mr. Beck?
Mr. Beck: Well, it would be the same if you were going to pay him a salary. As I
mentioned earlier, from a financial standpoint this is going to be pretty much a wash between
what was being paid on his contract and what was being paid on salary. The issue is his contract
nd
ends September 2 and I did look at the contract earlier. There is a 60 day notice of that which
could at least extend us to November where I think we would legally be able to pay him what
we’re paying him now to keep him on board. It’s very important that we keep someone on board
up there for consistency and continuity of that operation rather than just letting someone go
without any plan. So I want to make sure you’re aware of that.
Mr. Williams: Mr. Mayor, that brings another question to mind. Now, here it is
nd
September 2 is the drop dead date. We asked Mr. Beck back in March to bring us something
nd
back. He brings us something today to tell us that September 2 is going to be either do or die.
I’ve got some issues with that now. If we waited from March until August, and then September
is the deadline, some body should have came before this body or some committee and shared
what was happening, what we needed to do before the drop dead date. And especially if you are
going to offer a job to somebody before [unintelligible]. I was in support of trying to keep it
until the first of the year, but if it’s going to be a contract situation, we going to have to end it
and hopefully we’ll find somebody, somebody at MACH Academy or somewhere else. There
are several people out there that I’m sure could step in and help us out until we facilitate that.
But I’m not supportive of going to even the end of the year now [unintelligible] six month
[unintelligible].
Mr. Mayor: Mr. Brigham?
Mr. Brigham:and I’m going to
Mr. Mayor, I think that we need to make a motion,
make a motion that we—
Mr. Mayor: Substitute motion.
46
Mr. Brigham: --substitute motion that we put this gentleman on notice that we are
fixing to end his contract and that we continue the contract for the 60 days, that the notice
has to place over.
Mr. Bowles: I’ll second that.
Mr. Mayor: We have the substitute motion and second. Is there any further discussion?
Commissioner Hatney?
Mr. Hatney: I ask one question. Will that period of time you’re talking about get us
down to where [unintelligible] approve next year’s budget?
Mr. Mayor: Mr. Administrator?
Mr. Russell: Next year’s budget should be approved the end of November and that
should get us to the—60 days to the end of this, should get us to the end of this. Assuming
you’re saying giving notice to the end of the contract [unintelligible] 60 days [unintelligible]. If
that’s the way I understand it that’s how it would be.
Mr. Hatney: [unintelligible] end of the contract, 60 more.
Mr. Beck: 60 more.
Mr. Russell: That was my understanding.
Mr. Mayor: Okay, is there any further discussion?
Mr. Williams: Mr. Mayor, we need to know whether this gentleman is going to accept
that. Now, y’all can’t just [unintelligible] tell them they have 60 days and the man might not
want 60 days. I mean he might want 90 days. Now, if you going to do it, I mean you either cut
it or don’t cut it, but how you going to tell—I’m going to get clarified on this.
Mr. Mayor: Point if clarification.
Mr. Williams: That’s right. If you tell a man at the end of your contract we’re going to
give you 60 days he might walk out the door. So [unintelligible] Mr. Beck can bring it back to
us and say he agrees or not agrees. You can’t tell people what their contract going be.
[unintelligible]
Mr. Mayor: We have the substitute motion on the floor. Is there any further discussion?
Commissioners will now vote by the substitute sign.
Mr. Hatney: What is the substitute motion?
47
The Clerk: The motion, Mr. Brigham and Mr. Bowles’ motion was to give notice for a
termination of the contract with the 60 days extension.
Mr. Hatney: That’s the contract he as anyway?
Mr. Grantham: Right, right.
The Clerk: Yes. He has a 60 day [unintelligible] period.
Mr. Mayor: Commissioners will now vote by the substitute sign.
Mr. Holland votes No.
Motion carries 8-1.
Mr. Mayor: Next agenda item, Madame Clerk?
The Clerk:
ADMINISTRATIVE SERVICES
32. Motion to approve the recommendations of the Housing & Economic Development
Department (HED) Action Team.
Ms. Allen: Mr. Mayor, members of the Commission, as actually discussed in the
Administrative Services Committee meeting, we realize there have been a number of issues
regarding the Housing & Economic Development Department. In an attempt to address these
issues the Chairman of the Administrative Services Committee directed the administrator to
work and do a reassessment of the Housing & Economic Development Department. As part of
that the administrator formed an Action Team. And that Action Team was to evaluate the
current operations of the department and asked to come back with a recommendation. The
Action Team consisted of personnel from Administration, Human Resources, the Law
Department, Planning & Zoning, and interim director of Housing & Economic Development.
Actually what the Action Team came up with was an HED Action Plan, which you see in your
package. In following that plan, with the ultimate goal being to develop a department that will
be conducive to our government meeting the citizens’ and community’s needs. The Action
Team was actually done, which is one of the five major tasks that was going to be completed, to
establish an organizational structure, keeping in mind that the director may take additional
modifications, but this will allow that person to come in and have a [unintelligible] foundation to
begin with. We identified benchmark organizations and obtained a copy of organizational charts
from other entities. We reviewed and outlined the [unintelligible] functions of the department
and actually looked at what the department [unintelligible] focusing on. We looked at the
development of staff as our third item. We gathered and reviewed job descriptions
[unintelligible] current staff members. We looked and revised the actual job descriptions to
better meet the needs of the department. And we actually developed a methodology to address
the current staff. As you can see enclosed, the personnel process. Another thing that—
Mr. Williams: Mr. Mayor?
48
Mr. Mayor: Commissioner Williams?
Mr. Williams: I think we had this in committee. We went through this and I think each
Commissioner had an opportunity to look at it. I hate for you to go through this.
Ms. Allen: Okay.
Mr. Williams: Mr. Mayor, I’m going to make a motion we approve
, unless some
other Commissioner got a problem, want to hear something.
Mr. Hatney: Second that motion.
Mr. Mayor: Commissioner Brown?
Mr. Brown: During the committee meeting I asked how the changes that were being
recommended would affect employees in the department and were the employees in the
department aware of and part of the process. And I was told that until the changes were made no
one would be affected. The day after and two or three times since then I have received calls
from people in that department who said to me that they were asked not to ask to have a meeting
with Commissioners. I’m very concerned about the people in that department not having an
opportunity to speak to us before we approve something that will affect them as directly as this
seems to have the potential to affect them.
Mr. Mayor: Commissioner Hatney?
Mr. Hatney: Let me just first commend the task force for a job well done, but I do have
the same concern I voiced in the committee meeting, and that is we’re [unintelligible] some
reorganizational restructuring. There is no doubt about that. I still have the same concern that
it’s done before you bring in the director being there, it would be a good time for that individual,
even though you are [unintelligible] looking at job descriptions and all that, but it would be a
good time for that person to form a working relationship with these folks. You know, I just—
I’m troubled with doing it before you get the director because of the [unintelligible] and I just
don’t want to see us set ourselves up for a bigger mess. That’s all. That’s my only concern. I
have no problem with the fact that it [unintelligible] restructuring.
Mr. Mayor: Commissioner Bowles?
Mr. Bowles: Thank you, Mr. Mayor. I was in Atlanta on Friday and met with John
[unintelligible] and Stella [unintelligible] with HUD and they expressed a serious concern about
us changing this plan without having a permanent director in place. So I agree with Rev. Hatney
and I rely on Commissioner Holland’s direction on this one since he is [unintelligible] of
Administrative Services. As long as everybody’s comfortable that this is the right thing to do
then I could support it.
Mr. Mayor: Commissioner Holland?
49
Mr. Holland: Thank you. Thank you, Mr. Bowles and Commissioner Hatney. I’d like to
take this opportunity first of all to commend this action, too, for doing the job that they’ve done.
As we know now, this particular department has been chaotic for some time. And this
department needed some restructuring. And so what we did was we got with the administrator
and we formed an action team who worked so diligently to organize and to come up with a plan
to reorganize and restructure the HED Department. And as you know, Mr. Mayor, you, Mr.
DeCamp, Mr. Colclough and myself flew to Washington. Perhaps some people might be tired of
hearing that, but it’s the truth because we had to fly in that small airplane where I got a
[unintelligible] in my neck flying over there. The main thing I want to emphasize is the fact that
what we are talking about here, ladies and gentlemen, Commissioners, we are talking about $5
million. We are talking about funds that we are going to lose. If we do not come up with a
structured plan, a reorganized plan with that department so that the people in that department and
the person that’s coming in, he or she, will have the opportunity to make the changes that they
would need to make. What this action plan is trying to do is trying to clean up some of these
things that are existing in that department at this particular time. This is why we have people
from different areas to come in and work. You know it. We know it. The audit came back with
information telling us that we have a very serious problem with the HED Department. The
assistant director in Washington told us we had a serious problem with the HED Department.
When you go back to Augusta you need to make some changes. I can understand about the new
person coming in, who he or she is, but I believe this particular plan, working with these people,
will give him or her an opportunity to sit down and make the necessary decisions to help these
people move in the right way that they need to move and help this action plan take place and
give them an opportunity to do the things that they’re supposed to do in this department. One of
the things that I feel is wrong right now, why some people might be crying and saying they
didn’t get an opportunity to speak, is simply because there are those that know that the
handwriting is on the wall, that there are those that are working and not knowing what they’re
supposed to be doing. So it’s got to be a change. We’ve got to make some changes. And so this
committee has worked very, very hard to come up with this action plan. And I’m sure that
whoever we hire as the EEOC director or whoever comes in and we’re down to about two now
that’s ready to come in, I think that particular person would have the opportunity to sit down
with the staff and help make some changes along with this, with this action plan. So therefore I
again second that motion so we can move on and get this HED Department back on the track that
it needs to be on so we will not lose any more money, especially in the sum of four to five
million dollars. We’ve gotten the word from the top, and that’s from Washington, D.C. Now if
we can’t adhere to that, then maybe we need to find somebody else we need to talk to.
Mr. Mayor: And I would echo Commissioner Holland’s sentiment and feel like this
would be a road map for the individual coming in, to fill this position, and they would have the
leeway to recommend changes [unintelligible] necessary. Mr. Russell?
Mr. Russell: [unintelligible] Commissioner Holland has done that a whole lot better than
I could do and I’d like to thank him for his words there. We made some tough decisions and we
made some tough recommendations that you’ll find that. But in my mind they’re necessary to
continue to move that project forward and they are the kind of decisions we have to make to
move this government forward. As far as the comment about people that have been denied
50
access to members of the Commission, I find that very, very surprising given the nature of our
government that anybody would ever feel like they did not have access to the Commission. And
neither I nor anybody that works for me had better ever say you can’t call a Commissioner
because that’s not the way it works around here. I find that to be a little bit disturbing, that
people would even begin to mention that. But I do believe that Commissioner Holland captured
that fairly well when he said that there are some people that might have concerns because they,
too, know that the writing is on the wall and if this is passed, as it needs to be, the wall in HED
will change and that’s to serve our citizens better and not to serve ourselves. And that’s the
direction I believe we need to go in.
Mr. Mayor: Commissioner Cheek?
Mr. Cheek: Mr. Mayor, we’ve gone through two and now an interim director since I’ve
been on the Commissioner in HED. The one constant of the whole level of performance we’ve
seen the entire time I’ve been here is the staff, with the exception of a few people moving out.
The bureaucracy is where the true power is. Changing directors has not really helped a lot. I
applaud the committee with what they’ve come up here. I caution the Commission that when
you start getting a bunch of calls from staff sometimes you need to realize that to step out on any
of these allegations that [unintelligible] will indeed disrupt the entire chain of command
[unintelligible] this government to function, but also I’d like to say, Mr. Mayor, that HED has
not been out of trouble since I’ve been here. We’ve had problems [unintelligible] despite
continuous mandates from this Commission and perhaps this reorganization will help. And also
I think it’s time [unintelligible] it’s time to reach a little lower on the vine and start some other
cuts. We must maintain our funding. Call the question.
Mr. Mayor: The question has been called. Point of personal privilege?
Mr. Hatney: One point. Didn’t [unintelligible] that I’m not complaining and that I’m not
against the [unintelligible] because I know it’s necessary. I’m just a little shaky about the
process of doing this before there is a permanent person in place.
Mr. Mayor: The question has been called. Commissioners will now vote by the usual
sign.
Motion carries 9-0.
Mr. Mayor: Madame Clerk, I believe we’re to the final agenda item.
The Clerk:
FINANCE
38. Discuss sale of surplus government property to assist in restoring fund balance.
(Requested by Commissioner Grantham)
Mr. Mayor: Commissioner Grantham?
51
Mr. Grantham: Mr. Mayor, I requested this. We have been discussing several pieces of
property in the past, in various meetings. I think we had made some decisions to go ahead with
two or three of those properties and I asked the attorney to please present those to us so that we
could go ahead and take some action on them as we had done before but [unintelligible] brought
it to the floor for our discussion. I think there’s a couple of them and these are landlocked
properties, as well as properties that have no big value as far as size or equivalent use for our
government use, and so in order to maybe replenish some of our funds that we’re getting rid of, I
think we ought to look at these two or three different pieces and see if we can’t go ahead and
make that happen.
Mr. Mayor: Mr. Attorney?
Mr. Shepard: [unintelligible]
Mr. Grantham: If you don’t mind, Mr. Mayor?
Mr. Mayor: Mr. Grantham?
Mr. Grantham: These were discussed even on our bus tour as we went around, pointed
out a couple of these that I am asking about today so that we would know exactly where we were
dealing with as far as landlocked, small parcels or things that just didn’t have any bearing on us
right now at all.
Mr. Shepard: Thank you, Mr. Grantham. [unintelligible] effort that was [unintelligible]
we attempted to go ahead and [unintelligible] couple of properties that would be excellent
candidates for sale. They’ve been over time discussed before and one of these is what we call
the 819 Camellia Road property and that property is of interest to the adjoining landowner.
Mr. Hatney: Excuse me, sir.
Mr. Mayor: Commissioner Hatney?
Mr. Hatney: I can’t hear him.
Mr. Shepard: Can you hear me now?
Mr. Hatney: I hear you.
Mr. Shepard: The first one I bring to your attention is 819 Camellia Road. We were
looking at getting that property surveyed and getting it appraised so we would have something to
deal with. This property, it is a finger that sticks out into Lake Aumond and the property is
appraised at $12,000. The property will remain subject to a general city ingress and egress or
access easement in the case the county needs to get access in there with heavy equipment
because of problems in the lake area. We determined that it could be under these conditions
determined to be surplus by the administrator. So we talked to him. The appraiser took into
account the fact that the easement would extent across the entire property and he would not then
52
be able to build a house on this or really any permanent improvements which would compromise
the use of the property by the city. We [unintelligible] put it back on the tax rolls and we would
get $12,000 for that. And the other property that I was able to work up before the meeting is
the—I gave out one more. Augusta State, yes. Augusta State has been interested in a piece of
property on Damascus Road for a while. They asked for a donation and I said that I thought that
donations were something we could not use, but we could use cash. So this property was also
appraised for $6900 and the appraisal price is a price which ASU is willing to pay. And they
even faxed me a check but I see that is not part of that material they handed out. But they are
willing and able to consummate this sale and the parties on Camellia Road are willing and able
to consummate this. You’re looking at about $20,000, slightly less than that, to go back on to the
fund balance issue. The idea would be that certainly you can’t do this all of the time, but this
would restore some of the cushion in the fund balance. So the way we are not having to auction
these properties there is a code section which I think I cited on the Camellia Road property that
indicates that we could sell this as a small strip of land and not have to go through procedures
other than the negotiation of the price. ASU is another governmental entity and we can sell to
them in a negotiated fashion. I don’t think I cited the code section there. But the ASU property
would be on the way in to their housing complex. If you look at the plat it shows that they are
looking at Tract A, which has some Damascus Road frontage, and that would fit nicely with
what they have behind there. So if the pleasure of the Commission is to begin this process of
liquidating some properties in order to address the fund balance problem, these are two fairly
easy ones to start with, be that the Commission’s desire.
Mr. Mayor: Commissioner Hatney?
Mr. Hatney: Just a voice of concern, Mr. Mayor and Mr. Shepard. These two pieces of
property having not been discussed in legal session, are we legal out here to do this, legally?
[unintelligible]
Mr. Shepard: The requirement of the legal session is that we discuss the acquisition of
real estate.
Mr. Hatney: Not real estate period?
Mr. Shepard: It says [unintelligible].
Mr. Hatney: Acquisition?
Mr. Shepard: That’s correct. And so out here we discuss the disposition.
Mr. Mayor: Commissioner—
Mr. Shepard: I think the rationale is, if you want to know—
Mr. Hatney: I’m not buying that. Real estate is real estate, going or coming. It should
be discussed in private session before it go out here.
53
Mr. Mayor: Commissioner Williams?
Mr. Williams: Thank you, Mr. Mayor. Dr. Hatney, you hadn’t been around these
attorneys as much as I have, and attorney taught me it can be beneficial on what you say and how
you say it and even when you say it. But I learned that from association, Mr. Mayor. But let’s
go back to ASU. Didn’t we just sell them some property here a little while back, Mr. Shepard?
This property adjacent to some other property off Damascus Road where they went back and
built a really nice facility in there? Was that some property we had at one time?
Mr. Mayor: Mr. Shepard?
Mr. Shepard: This is the property, Mr. Williams. I don’t recall closing any property with
ASU. In fact, I think there was an issue as to whether they were going to have the money in this
year’s budget and so their budget closed at the end of June and therefore there was additional
monies identified that they could go on and close this. Now, I could stand, be stand corrected
but in this situation—we’ve worked on this for a good many months.
Mr. Williams: I’m in support [unintelligible] help from anybody we can. You talking
about selling property but you talking about selling property [unintelligible] figure on it and who
has already agreed [unintelligible] fax you a check. If we going to sell this property I think we
need to se about [unintelligible] put some money on the tax books. Now, if you looking for a
way to get rid of the property, that’s different. You can sell it for little or nothing and get ride of
it, or you can sell it and make money and get rid of it. So it sound like to me [unintelligible].
Mr. Mayor: Mr. Shepard?
Mr. Shepard: You are correct in the Augusta State University situation because
[unintelligible] exemption. But—
Mr. Williams: You answered my question, Mr. Shepard. That’s all I need. Too much
information overloading. Mr. Mayor, I remember when we was going to close Damascus Road
and we was going to make a corporate park in there. [unintelligible] all those people out of
Damascus Road. We bought that property if I’m not mistaken where the [unintelligible] and all
those apartments there. We was going to make an industrial park, Mr. Holland, way before you
thought about running for this seat. But then we decided we wasn’t going to do that. We left the
road open. But all those homes, all those properties was gone then. We done demolished all of
them. That same property where ASU sits now back there, if it wasn’t a part of it, Mr. Mayor, it
was adjacent to it. I’m trying to remember cause y’all keep my mind turning so much. But if we
going to sell property, Mr. Mayor, the law says that we got to [unintelligible] tax rolls, we ought
to be making money on it. We ought not be looking for a way to get rid of property. Because
one thing about property, we may not be making no money on it but it don’t eat or drink a thing.
It sit there forever. And the Lord made a lot of things. He ain’t making no more land. So that
land that we own, if it ain’t costing us nothing, then we [unintelligible]. Now if we going to
make money on it—now, y’all sold some property [unintelligible] I was against. We were
supposed to make money on that one. It wasn’t even on the list [unintelligible] that was a whole
different ball game. It ain’t made no money and it’s a prime piece of property on the water. So
54
if we going to donate this property, give it to Augusta State or give it to an entity, let’s don’t
[unintelligible] put money back on the tax book cause we’re not putting money back on the tax
book. All we doing is finding ways to spread it out. And if that’s all we’re doing, let’s say that.
[unintelligible] creative to make that tax burden light. We’re [unintelligible] not doing it. And
I’m not in support. I think if we going to sell it we ought to have a fair market value on it and let
anybody else bid on it that want to. Cause there is some room for development in this same area
[unintelligible] property on Damascus Road.
Mr. Mayor: Commissioner Grantham?
Mr. Grantham: Thank you, Mr. Mayor. I think to clarify some of Commissioner
Williams’ questions, this is less than a quarter of an acre of land. The land that we’re talking
about is right by the entranceway into those new apartments that they built. Now, we did not sell
them that property. That property was purchased from the Bowles family, which is right behind
that little shopping strip up there on Wrightsboro Road. We didn’t have that property back there
[unintelligible] skateboard property, and on down Damascus Road in front of the Aquatics
Center. This little piece is a sliver up there that goes in right by their driveway and what it would
be doing is just adding for them to be able to take that property. They’re not going to be able to
build anything on it to my knowledge. If it is, it would be a gatehouse into that area down there
as far as apartments go. The other thing is that no, it’s not going back on the tax books, and I
didn’t indicate that this piece was. I indicated the Camellia Road piece was going back on the
tax books. That’s the one that I was referring to. The other part about this piece of property is
that where they do have those apartments there they have them about 85% occupied for this
coming school year. I do know that. So this just lets them have a little more property as far as
ingress and egress into that area for the school and I don’t see any problem with selling it to
them. It’s on an appraised value piece of property, the property was appraised for that purpose.
They asked for that. They didn’t ask for a contribution from that standpoint. So they are willing
to pay for it. And if they’re going to do that, let’s let them pay for it based on our
[unintelligible]. [unintelligible] and maybe we need to take one at the time, but the other
situation will go back on the tax book, will maintain an easement for our people to be able to get
in and out of that lake when necessary, and therefore no form of construction can be put on that
piece of property at all. I think that maybe—I hope it explains a little more about what those
properties are used for, what they’d be used for, and the monies that we’ll get for it. One, we’ll
get the appraised value back, the other we’ll get the appraised value back plus putting it on the
tax books.
Mr. Williams: He answered my question. I just want to respond. Thank you, Mr.
Grantham, you helped me out a lot. But appraised value—and I [unintelligible] several
appraisers and we know that one appraiser come in with one, another appraiser come in with
another. I heard about one appraisal. If you going to sell any city property we ought to try to get
the most we can get for it, whoever buying it. Now, I think there is enough said about it, Mr.
Mayor. I just want to—I understand about the appraisals. I just [unintelligible] but what I seen
ain’t been much.
Mr. Mayor: Commissioner Hatney?
55
Mr. Hatney: Mr. Mayor, [unintelligible] attorney, I’m just—I’ve got to say I’m
concerned [unintelligible]. When real estate and personnel matters come up they should be
discussed in legal session first because in order for you to do this you should have been
instructed to do it by the Commission.
Mr. Williams: That’s right.
Mr. Hatney: [unintelligible]
Mr. Grantham: We discussed—
Mr. Mayor: Mr. Grantham?
Mr. Grantham: We discussed it in that room and [unintelligible] and when got out
[unintelligible] and presented it on the floor everybody left. We didn’t have a chance to bring it
up.
Mr. Williams: [unintelligible].
Mr. Mayor: Mr. Cheek?
Mr. Cheek: Thank you, Mr. Mayor. We still are observing the two times per discussion
rule, aren’t we?
Mr. Mayor: We are.
Mr. Cheek: I’m in favor of taking some of these properties and turning them over and
getting them back on the tax maps. I’m going to use this as an opportunity to say to everyone
here that if you come on the tour Friday you’re going to see hundreds of acres along the river
that we own south of the city that could be sold. And anybody who says you can’t build on it,
you go across the river across to Beech Island and there are many, many half million dollar
th
homes built on the river in the same elevation. We own property over here between 5 Street
and the Gordon Highway and the old Augusta Tomorrow building. We currently lease it.
Property of an equivalent lot size across the river is currently going for about a half million
dollars. We could sell that instead of getting 800 bucks a month for the property. There’s the
property that we own in Columbia County, the 22 acres. We could probably sell that for two or
three million dollars and I agree with Commissioner Williams, I don’t see why we can’t list this
stuff in a real estate book and sell it to the highest bidder on a given day and make maximum
money. But again, if the money has to go back into utilities for that piece of property you’re
going to see about $4 million worth of immediate needs on the canal that need to be repaired, or
we could put the money back in utilities and not buy as many bonds and then therefore not have
to raise rates quite as high. We’re piddling around with these things. This is good. I’m pleased
to see we’re moving forward. I’m sad that I didn’t get the full update on the land bank thing and
it was received as information cause I really wanted to talk about that. But we need to be
moving these properties through and I don’t see why in the world we can’t contract with an agent
and then have an auction for these properties and advertise them in a book somewhere and make
56
the maximum dollar and give everybody a chance to bid on them. I mean these are some of the
things we need to do. But we’ve got property in the shadows here. If y’all get a change, go look
at it. We get 850 bucks a month. We kind of had a contract. We did or we didn’t, we may have
now, but [unintelligible]. We’ve got [unintelligible] of prime real estate that we could use to
help this city if we just get the process of selling it moving.
Mr. Mayor: Would it give the body a greater comfort level if—if anybody would like to
make a motion to proceed on this, that we proceed through the bid process?
Mr. Hatney: Not these two pieces. [unintelligible]
Mr. Mayor: They’re not sold.
Mr. Hatney: Y’all just talked to somebody who say they [unintelligible] for them.
Mr. Mayor: Commissioner Bowles?
Mr. Bowles: Mr. Mayor, I’m concerned on the Damascus Road property at 6900 an
acres. I can guarantee my cousins didn’t sell their property to Augusta State at 28,000 an acre.
We own the property just north of this, of Tract A, and there have been proposals to relocate the
Newman Tennis Center to this location. I think you’ve seen some copies of that. We’ve got
somebody interested in buying the Newman Tennis Center property. I think we would be quick
to jump the gun on the Augusta State property. I think we need to slow down on that way. For
Camellia Road I’m all for that one because that’s in the district and I know exactly where it is
and you [unintelligible] but Damascus Road I think we need to slow down and take a serious,
hard look at that property.
Mr. Mayor: Commissioner Holland?
Mr. Holland: Thank you, Mr. Mayor. What Commissioner Cheek said was exactly what
I was thinking about saying in reference to the different properties here. I just wanted to know
had anybody else other than these persons who supposed to be buying this property had an
opportunity to offer a bid? Too many times we come into the meetings and when we sit down
the first thing we get is the paper and the only thing we have is just the individual [unintelligible]
we don’t have anybody else that has offered a bid for the property. So my concern is has
anybody else offered you a bid for these properties that we’re supposed to be selling on
Damascus Road and Camellia?
Mr. Mayor: Mr. Shepard?
Mr. Shepard: Due to the nature of the tracts, the answer is no. The Damascus property
was contiguous to the property of the university and this other piece of property was trapped
between two larger pieces of property on Camellia Road. So they were I thought, and
recommend to you, that they’re candidates for disposal through the negotiation exceptions to the
bid rules.
57
Mr. Williams: Mr. Mayor, I’m going to make a motion that we defer this to Finance. I
got some property on Chestnut Street that y’all can get and y’all ain’t got to worry about it. But
y’all don’t want to go out there. But y’all need some property to sell, I got some on Chestnut
Street. My motion is to refer this back to Finance and then we talk about it in Finance, get it on
track where we need to be.
Mr. Mayor: We have a motion. Is there a second?
Mr. Brown: Second.
Mr. Mayor: We have a motion and second.
Mr. Cheek: Substitute motion, Mr. Mayor, to proceed with the Camellia Drive property
and hold off on the Damascus Road property.
Mr. Brigham: Second.
Mr. Mayor: We have a substitute motion and second. Is there any further discussion?
Commissioners will now vote by the substitute sign.
Mr. Holland: Read it again, please.
The Clerk: The substitute motion is to approve the Camellia Road property and delay the
Damascus Road property.
Mr. Mayor: Delay the Damascus Road property to Finance.
The Clerk: Did you say send the Damascus Road property back to Finance?
Mr. Cheek: [unintelligible] intent of the motion.
The Clerk: Was that sufficient, Mr. Holland?
Mr. Holland: Yes, ma’am.
Mr. Brown, Mr. Williams and Mr. Holland vote No.
Mr. Hatney not voting.
Motion fails 5-3.
Mr. Mayor: We have a primary motion on the floor to refer it back to Finance. If there is
no further discussion, Commissioners will now vote by the usual sign.
Mr. Smith and Mr. Grantham vote No.
Motion carries 7-2.
Mr. Mayor: Rev. Hatney?
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Mr. Hatney: Mr. Mayor, if I could just make one observation. I’m just hoping that we
get to a point that we do things consistently. That’s [unintelligible] do it consistently. If we are
to be dealing with properties and personnel, let’s do it consistent like we’re supposed to do it.
I’m not saying they didn’t do that [unintelligible] get a lot more done. I don’t have a problem
with selling property at all.
Mr. Mayor: Mr. Shepard?
Mr. Shepard: Mr. Mayor, I’d ask for a legal meeting, pending and potential litigation,
personnel and real estate, please.
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
Mr. Mayor: Can I get a motion to that effect?
Mr. Cheek: So move.
I just had a question for the body. I can ask it in the meeting.
Mr. Williams: Second.
Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual
sign.
Motion carries 9-0.
[LEGAL MEETING]
Mr. Mayor: Call the meeting back to order. Mr. Shepard?
Mr. Shepard: Thank you. Mr. Mayor, I’d ask the body for a motion to approve the
signing of the closed meeting affidavit that we discussed matters within the scope of the
authorization of that affidavit, to include potential and pending litigation and real estate. We did
not do personnel. We did, I’m sorry.
46. Motion to approve authorization for the Mayor to execute the affidavit of
compliance with Georgia's Open Meeting Act.
Mr. Hatney: So move.
Mr. Brown: Second.
Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual
sign.
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Mr. Williams out.
Motion carries 8-0.
Mr. Shepard:
For the pleasure of the body I have [unintelligible]. First of all I’d ask for
authority to file a claim, and lawsuit if necessary, against Mildred Goolsby, who owes the sum at
this time of $31,740.50. I’d ask for the authority to be added and approved [unintelligible].
Motion to add and approve attorney to file lawsuit on promissory note from AHED to
Mildred Goolsby.
Mr. Cheek: So move.
Mr. Hatney: Second.
Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual
sign.
Mr. Williams out.
Motion carries 8-0.
Mr. Mayor: Mr. Shepard?
Mr. Shepard: Mr. Mayor, members of the Commission, I’d ask that I have authority to
settle the matter of Michael Buford versus Haldane Bastain. It’s file in Superior Court. Deals
with the auto wreck where the sheriff’s deputy was transporting an inmate and there was a car
wreck. The settlement amount recommended by Sandy Wright will be accepted by the plaintiff
of all claims is the amount of $110,000.00.
Motion to approve settlement of the case of Michael Buford v. Haldane Bastain in the
amount of $110,000.00.
Mr. Cheek: So move.
Mr. Hatney: Second.
Mr. Mayor: We have a motion and second. Any further discussion? Commissioners
will now vote by the usual sign.
Mr. Williams out.
Motion carries 8-0.
Mr. Shepard: Mr. Mayor, members of the Commission, another add and approve matter
in the matter of a claim of David Callwood. Mr. Callwood was involved in an automobile
accident with an investigator from the Sheriff’s Department, Inv. Jesse Green. He has medical
bills in the amount of $18,000. He has a subrogation interest in to Blue Cross Blue Shield in
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addition to that, $8,078.21, and he is going to receive proceeds himself of $27,500. Would ask
for authority to settle this claim in a not-to-exceed amount of $45,000 as recommended by Risk
Management. $42,000, Mr. Mayor.
Motion to approve settlement of claim of David Callwood in an amount not to exceed
$42,000.
Mr. Cheek: So move.
Mr. Hatney: Second.
Mr. Mayor: Motion and second. Any further discussion? Commissioners will now vote
by the usual sign.
Mr. Williams out.
Motion carries 8-0.
Mr. Shepard: And then there’s a fourth matter, Mr. Mayor, members of the Commission.
Mr. Mayor: Mr. Shepard?
Mr. Shepard: This is to approve participation in the sale of some property at 1034 Ninth
Street. There are I believe 59 county liens on this property. The sale price is some $7,000. The
county will not have a full return of its money on this one property [unintelligible] we ask that
that be approved as a compromise potential litigation.
Approve the private sale of 1034 Ninth Avenue between Lonnie Moore (seller) and Green
Phoenix Enterprises, Inc. (buyer) with proceeds going to Augusta Richmond County to pay
off back taxes and in return, Augusta Richmond County will remove all liens attached to
said property.
Mr. Hatney: So move.
Mr. Cheek: Second.
Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual
sign.
Mr. Williams out.
Motion carries 8-0.
Mr. Shepard: And finally, one more.
Mr. Speaker: A lien that is going to be lifted, 3702 Beacon Hill Drive and a compromise
settlement of $1,000. The outstanding amount was $3500 on a lis pendens filed by License &
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Inspection [unintelligible]. There is [unintelligible] we ask for you to agree with settlement of
$1,000 on that lien.
Mr. Shepard: That would be an add and approve matter.
Motion to add and approve settlement regarding License & Inspection demolition lien for
$1,000.00 from Kenneth Barton purchaser of 3702 Beacon Hill Drive; Map and Parcel No.
152-0-097-00-0 at a tax sale.
Mr. Hatney: So move.
Mr. Brown: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
Mr. Williams out.
Motion carries 8-0.
Mr. Mayor: With no further business to come before the body, we stand adjourned.
[MEETING ADJOURNED]
Lena 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 the Augusta Richmond County Commission held on
August 15, 2006.
______________________________
Clerk of Commission
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