HomeMy WebLinkAboutMay 16, 2006 - Augusta Richmond County Commiss
REGULAR MEETING COMMISSION CHAMBER
May 16, 2006
Augusta Richmond County Commission convened at 2:08 p.m., May 16, 2006, the Hon.
Marion Williams, Mayor Pro Tem, presiding.
PRESENT: Hons. Holland, Smith, Brown, Grantham, Hatney, Beard, Cheek, Bowles
and Brigham, members of Augusta Richmond County Commission.
ABSENT: Hon. Deke Copenhaver, Mayor.
Also Present: Steve Shepard, Attorney; Fred Russell, Administrator; Nancy Morawski,
Deputy Clerk of Commission.
The invocation was given by the Reverend Tyrone Myles, Pastor, Augusta Deliverance
Evangelistic Church.
The Pledge of Allegiance to the Flag of the United State of America was recited.
The Clerk: This is a proclamation in recognition of National Public Works Week.
Whereas, Public Works services provided in our community are an integral of our
citizens’ everyday lives; and
Whereas, the support and understanding and informed citizenry is vital to the efficient
operation of the Public Works system and programs, such as the management, oversight and
maintenance of appurtenances for water, sewer, streets, traffic control, solid waste collection,
city owned rights-of-way, and public buildings, as well as trees and landscape beautification
efforts; and
Whereas, to increase public awareness of services provided by the Public Works
Department allows for an increase in the public’s understanding of these services; and
Whereas, to enhance relationships between the public and the Public Works Department
provides for an opportunity to improve communications; and
Whereas, to convey information about Public Works in schools exposes and educates the
youth of our community on public works related issues; and
Whereas, to promote team building and improving morale amongst Public Works
employees serves to increase efficiency and decrease duplicity during the performance of daily
tasks and assignments; and
Whereas, to demonstrate appreciation for activities performed by employees in the Public
Works Department serves as an indicator that our employees truly are our most valuable
resources; and
Now, therefore, I, Deke Copenhaver, Mayor of the City of Augusta, do hereby proclaim
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the week of May 21 through 27, 2006 as Public Works Week in Augusta, Georgia, in
recognition of the contribution which Public Works officials make every day to the health,
safety, comfort and quality of life for all citizens in Augusta, Georgia.
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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 May, 2006.
Mr. Mayor Pro Tem: [unintelligible] thank you for all you do.
Mr. Speaker: Thank you. On behalf of the [unintelligible] we thank you.
Mr. Mayor Pro Tem: The next thing, if we will, I’d like to observe a moment of silence
for one of the firefighters that lost his life, not in the line of duty, but through sickness, from
Engine Company No. 10, Mr. [unintelligible] Watkins. We want to have a moment of silence for
him. He was with the Augusta Fire Department, the City of Augusta for twenty-one and a half
years. So let’s just have a moment of silence.
[MOMENT OF SILENCE]
Mr. Mayor Pro Tem: Thank you for that. Next item, Madame Clerk?
The Clerk:
RECOGNITION(S)
Employee of the Month Award
A. Mr. William Dickerson, Augusta Regional Airport
The Clerk: I would ask the Mayor Pro Tem and Mr. Boshears and Mr. Dickerson, would
you come down? The Employee Recognition Committee has selected William Dickerson as the
April, 2006 Employee of the Month for the City of Augusta. Mr. Dickerson has been an
employee with the City of Augusta for over seven years. He is currently a data security systems
analyst for the Augusta Regional Airport. Mr. Dickerson was nominated by his co-worker, Julie
Orwin. Mr. Dickerson was nominated for orchestrating the move of the current tenants at the
Augusta Regional Airport into the new concourse. Mr. Dickerson worked many hours
coordinating with the individual airlines, local utility companies, contractors and the construction
program manager to ensure the transfer from one facility to the next one was successful. During
the transfer an airline technician was not familiar with the networking process so Mr. Dickerson
stepped in and performed the networking of their systems which allowed the airport to meet their
deadline, as well as saving money for both the airline and the airport. The committee felt that
based on this recommendation and Mr. Dickerson’s dedicated and loyal service to the City of
Augusta, we would appreciate you joining us in awarding Mr. William “Bill” Dickerson
Employee of the Month for the month of April during the Commission meeting on May 16,
2006.
Mr. Mayor Pro Tem: [unintelligible] behalf of the Mayor and all employees of Augusta
[unintelligible] thank you so much for your hard work [unintelligible].
Mr. Dickerson: I want to thank the Commission for [unintelligible] opportunity to
recognize all employees [unintelligible]. Thank you.
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Mr. Mayor Pro Tem: [unintelligible] down to the delegations.
The Clerk:
DELEGATIONS
B. Delta Sigma Theta Sorority, Inc. Ms. Alice Johnson, Social Action Chairperson. RE:
The organization's community services offered to the citizens of Augusta.
Ms. Jones: Mayor Pro Tem—
Mr. Mayor Pro Tem: Please give us your name and address, just for our records, and
then you can proceed. You’ve got five minutes.
Ms. Jones: I’m [unintelligible] Jones, president of Augusta Alumni Chapter of Delta
Sigma Theta Sorority. We are here on behalf of our national president, Dr. Louise Wright, who
is also a native of Augusta. And we are here to tell you about our concerns and what we do for
Augusta and the community. And we are going to have Ms. Alice Johnson to also come and
speak to that. And we would also like to recognize the other Commissioner, Ms. Betty Beard,
who is a member of our organization.
Ms. Johnson: [unintelligible] My name is Alice Johnson and I’m with the Augusta
Alumni Chapter of Delta Sigma Theta, which was founded in 1913. Delta Sigma theta has
clearly distinguished itself as a public service organization that boldly confronts the challenges
of African Americans and hence all Americans. Over the years a wide range of programs
addressing education, health, international development, and [unintelligible] of the African
American family has evolved. In realizing this mission, Delta Sigma Theta provides and
extensive array of public service initiatives through its five point program thrust of economic
development, education development, international awareness and involvement, physical and
mental health, and political awareness and involvement. From the standpoint of agenda A, item
A, physical and mental health, the Augusta Alumni Chapter is active in public awareness
campaigning [unintelligible] local health department to facilitate an HIV-AIDS walk and lectures
for the Augusta community, St. Stephens Ministry for HIV – AIDS supporting agency;
cardiovascular, the Heath Campaign; public awareness as well as seminars, bringing the
awareness to the community; health and wellness, focus weight loss and body wellness health
programs. Educational, involvement in resources [unintelligible] Levi Jenkins White Elementary
School offering tutoring, reading, math class [unintelligible]. We also have two programs that
are actively involved with the Richmond County School System, which includes [unintelligible]
and [unintelligible] offering social life skills to children and families in Augusta. Scholarships
are given, talent shows, as well as poetry reading. Awards for the high school seniors.
International awareness and involvement. We assist with the [unintelligible] project, the tsunami
relief, continued relief for families. Economic development including supporting community
businesses. Political awareness and involvement. Delta Sigma Theta was very active with Delta
Days at the national and state capitols. Voting registration and voter education. A special
project that Delta Sigma Theta, the Augusta Alumni Chapter hold very dear, is the Augusta
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Chapter supporting the Lucy Laney, excuse me, the Lucy Craft Laney Museum of Art. Thank
you very much.
Mr. Mayor Pro Tem: Thank you, ma’am. Can I get a motion?
Mr. Grantham: Motion to approve receiving this item as information.
Mr. Cheek: Second.
Mr. Mayor Pro Tem: Motion, properly seconded. All those in favor let it be known by
the normal sign of voting.
Motion carries 10-0.
Mr. Mayor Pro Tem: We thank you very much for bringing that to our attention and for
enlightening us on things that your sorority is doing. Thank you very much.
The Clerk:
DELEGATIONS
C. Ms. Penny Johnson, Fine Arts Coordinator, RCBOE
RE: The Commission's approval of the rezoning with a Special Exception of 1694 Broad
Street
Mr. Mayor Pro Tem: Ma’am, give us your name and address, just for our records. You
have five minutes as well.
Ms. Johnson: Thank you, Mayor Pro Tem and Augusta Commissioners. My name is Dr.
Penny Johnson. I serve as Fine Arts Coordinator for Richmond County Schools here in Augusta,
Georgia, and I oversee the orchestra program at the Martha Lester School at 1688 Broad Street,
which is approximately 66 feet from the house that the Augusta Commissioners voted to rezone
last April. I’m here to give you the other side of it, the other evidence, and ask for you to revisit
this issue, because I think we do have compelling evidence on the other side as to why there are
some problems. First of all, the Martha Lester building does house our orchestra students. And
our orchestra students come from all over the district. It is a countywide program. There are
students in all 57 schools that take orchestra and many of their parents will bring them to the
Martha Lester building one night a week to practice. Approximately 500 to 600 orchestra
students are there on a nightly basis Mondays, Tuesdays, and Thursdays anywhere from five to
nine o’clock. And of course our teachers are there and have to wait until the last one goes and
sometimes that’s as late as 10:30 at night. So there are frequent people there, especially young
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ages, starting with 4 grade, probably about ten years old, going up to about 19. We do have a
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4 grade program, a 5 grade program, a 6 grade program, a 7 and 8 grade program, a high
school symphony orchestra, and a high school chamber orchestra. So you can see there is a great
amount of young people there on a regular basis. Our teachers consistently go in and out,
throughout the building throughout the day for their planning purposes, and we have a
departmental meeting every Wednesday morning starting at 8:00 o’clock. There are many
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concerns about the rezoning of an [unintelligible] house near the Martha Lester School. I think
we all understand as educators that that is a needed things for our community. There is no doubt
about that. But to be 66 feet from a school, that’s [unintelligible]. The evidence that we have,
that we’re trying to present the other side to today, is first of all the Augusta Richmond County
Planning Commission did vote unanimously to reject the rezoning. That was done the Monday
of spring break. We also—Augusta Chronicle has reported in the last two years there have been
nineteen 9-1-1 call for that block of area in Augusta. I think that that signifies there may be a
problem there. Within a year of release from prison, the U.S. Department of Justice
[unintelligible] report that 41.% of felons were re-arrested. The application that was submitted,
they stated that the area surrounding the home was a vacant Martha Lester School, and we have
that for you. That school is not vacant and has not been for many years. Again, it’s 66 feet from
the property. We have a Google earth picture here that depicts where the Martha Lester building
is and 66 feet from the school, the house, two doors down. If you’ll notice on the picture there’s
the Augusta Canal that’s right behind that property. There is a major safety issue with the canal
being behind the Martha Lester School parking lot. There is only one way out of the parking lot
because of the canal and that is a dead end street. Once you go a few feet up the street you can
turn left. It’s difficult when you have large amounts of people as [unintelligible] to get out in a
safety situation. So that’s evidence as well. And I would like to say at least there is an ordinance
for alcoholic beverages not being sold within a thousand feet. 66 feet is not enough for us. We
do have 160 adults that live in Augusta that have signed a petition as evidence. And then we
have the School Board support, and Mr. A.K. Hasan is going to address that real quick.
Mr. Mayor Pro Tem: Mr. Hasan, I’m going to allow you to address that. Give you a few
minutes. I won’t say five but give you a few minutes.
Mr. Hasan: I will try to be quick. My name is A.K. Hasan. I reside at 835 Sibley Street,
Augusta, Georgia 30901. To the Honorable Chairman Pro Tem, Mr. Williams, and the really
honorable members of this body, I am pleased and honored to address this body particularly on
behalf of the Richmond County Board of Education. As you already know, Ms. Helen Minchew
is a Board liaison person. She’s involved in another matter at this time and therefore I was
dispatched to make this presentation on behalf of the Board of Education. On Thursday, May
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11, at the regular meeting of the Board of Education, the Board unanimously consented that we
should ask the Commission to rescind its decision to allow the property located one door from
our Martha Lester facility on Broad Street to be operated as a re-entry home for tenants
attempting to reform themselves of criminal conduct. The Board of Education sends its
apologies for getting involved in the issue after the decision was made. Frankly speaking, we try
not to get publicly involved in the Commission’s business. Also, we observed the fact that the
Planning and Zoning Commission recommended that the petition be denied. We essentially
thought no action was necessary on our part. Now we must apologize for our assumption.
Therefore, I offer this apologize and I quote, the Board of Education apologizes for not apprising
the Commission of our concerns before your initial vote on this item, unquote. Believing in their
appropriateness, the Board of Education would like to register the following concerns for your
consideration. The Board applauds the Commission’s efforts to provide housing for people
seeking to reform after incarceration. However, the Board of Education believes the Broad
Street site is an unsuitable location for the following reasons. The Board uses Martha Lester for
the countywide orchestra program, a program that consists of nine teachers and some 500
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students. The teachers are in and out of the facility daily and 4 to 12 grade students are there
from 5:00 to 9:00 p.m. several days a week. The Martha Lester facility is backed up to the canal.
The layout allows for a single entrance and exit for vehicles. Additionally, the Board has
approved for the [unintelligible] Children’s Center to relocate from a Lake Forest facility, a
property the Board sold, to the Martha Lester facility. The [unintelligible] Center is of great
importance to all of us because they work with our special needs children. As you already know,
the Board of education has owned and operated the Martha Lester facility for many, many years.
Whether the site serves as a school or house a public safety organization or specialized programs,
the Martha Lester facility has given a measure of stability to this Broad Street neighborhood. In
addition to the School Board’s additional educational duties, the Board of Education shares the
responsibility as the City Commission in our commitment to protect lives and property. We
believe it is of great importance to be a great neighbor and a tower of strength and stability for
the overall neighborhoods in which we operate and serve. Regretfully, I am required to share
this with the Commission. On Thursday—
Mr. Mayor Pro Tem: Mr. Hasan, we allowed you additional time. I think you had over
five minutes [unintelligible] only had five. I think we hear your concerns and I want to kind of
cut this so we can get some feedback from the Commissioners so we can have some input. I
want you to understand we’re just not able to address your whole outline. I think we get the drift
of what you’re saying. Mr. Cheek?
Mr. Cheek: Mr. Mayor, as a matter of respect for the president of the Board of Education
and the fact that we’ve allowed many people to come with zoning issues and other things to
completely rehash, I for one would like to hear and allow the president of the Board of Education
to continue and conclude his remarks in a timely manner and I will be happy to yield any time
that may be so allotted at some future date to him to do that today.
Mr. Mayor Pro Tem:
I’ve got no problem. If any other Commissioner feel the same
way, Commissioner Cheek is willing to yield his time. I’m, I want to try to maintain the dignity
that we’ve had in this room as far as giving everybody the same consideration. Mr. Hasan was
not on the agenda to speak and we allowed him to speak and [unintelligible] give him an
This body can waive, consent, saying that that’s fine, I
opportunity. He’s had five minutes.
got no problem.
Mr. Brigham: I make a motion that we do that.
Mr. Brown: Second.
Mr. Mayor: Motion and second. All in favor let it be known by the normal sign of
voting.
Mr. Hatney not voting.
Motion carries 9-0.
Mr. Cheek: Mr. Mayor, if I could have just one second. This is the kind of thing we
need in regards to the Board of the Education and us working together. It’s the first time that I
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can remember that the president has come down and availed himself to the Board of
Commissioners. I appreciate it.
Mr. Mayor Pro Tem: Mr. Hasan, you may continue.
Mr. Hasan: Thank you very much, Mr. Chairman. And for the record, I’m not currently
the president of the Board of Education. But I am a member. Thank you. I appreciate it. I will
continue. Regretfully, I am required to share with this Commission on Thursday the School
Board discussed the possibility of closing the Martha Lester facility if your actions remained
intact. Fortunately for us in this neighborhood we decided to share our concerns with the
Commission rather than be haste in our actions. The Board of Education recognizes the
Commission’s responsibility to establish zoning that would enable property owners to utilize
their properties for constructive purposes. However, such constructive use should not pose a
danger to residents and the property’s use should not be a disruptive force in the community. A
re-entry home for tenants for propensity to commit crimes is both potentially dangerous and a
disruptive force to the residents of this neighborhood. Additionally, the School Board and the
Commission’s responsibilities to protect both lives and property denies us the luxury of waiting
to see if anything will happen. We must be pro-active for prevention. The property owners are
to be commended for their efforts to assist in the reforming individuals. We believe everyone
deserves a second chance. However, it is most unfortunate that this property contracted for the
purpose of criminal rehabilitation is just one door from Martha Lester, a facility that serves
hundreds of our young people and/or teachers on a daily basis. The Board of Education is
humbly asking the Commission to side with the greater good and rescind your decision in this
matter. Thank you very much.
Mr. Mayor Pro Tem: Ms. Beard?
Ms. Beard: Mr. Mayor Pro Tem, first of all I would like to know how many residents we
have from that area.
Mr. Mayor Pro Tem: How many of those that are here today, is what you are asking, Ms.
Beard?
Ms. Beard: Yes, from the Harrisburg area.
Mr. Mayor Pro Tem: Will you raise your hand, those residents of the Harrisburg area,
residents in the Harrisburg area?
[3 residents of the area]
Mr. Mayor Pro Tem: Ms. Beard?
Ms. Beard: I want you to know I did have concerns when I did what I did with my vote.
And a big concern for me was that this Kroc Center that we are talking about will also be in that
area. But as I have driven by Martha Lester, the grounds and the building are totally unkempt.
And I’ve had, I actually felt nothing was going on there. And so I’m wondering about that. I’m
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wondering if—I think I heard you say it could be moved someplace else and I’d just like to hear
what you have to say in reference to that.
Mr. Hasan: Thank you, Commissioner Beard. I would just like to say that my
observation is somewhat consistent with yours. I had a chance to view the property as a result of
this issue and it does look very unkempt and I had already indicated to some of the people that
are here with me that I will go back to the Board of Education and make sure that the Board of
Education knows that we need to spruce that property up, pressure wash the outside, paint the
outside, plant some flowers, bring the proper landscaping equipment over, and get that done. So
I understand your concern. It’s a very genuine concern and hopefully we can correct that and
become a better neighbor.
Mr. Mayor Pro Tem: Mr. Smith?
Mr. Smith:
Thank you, Mr. Mayor Pro Tem. When we—I know our Planning
Commission voted to deny this and the reason I think we brought it up and passed it was for the
group at First Pres that had these men in transition, trying to help them, give them a second
chance. At the time I don’t think we had the information that we are getting today. And so in
I want to make a motion that we rescind that.
light of that, Mr. Mayor Pro Tem,
Mr. Mayor Pro Tem: I’m going to have to defer to my attorney to find out what’s the
process.
Mr. Shepard: Mr. Mayor Pro Tem, I think we need to inquire if the petitioners are in the
audience today. The petitioners, Rev. Larry Hall and Rev. Roosevelt [unintelligible].
Mr. Mayor Pro Tem: Are the petitioners present?
Mr. Speaker: Yes.
Mr. Shepard: I think as a matter of due process, the motion available to the Commission
today is a motion to rescind. If you pass that motion, I think you should send it back through the
zoning process so that we have the, have the due process necessary for them to both state their
cases in the context of the zoning procedures law.
Mr. Mayor Pro Tem: Mr. Smith, can you get your motion, can you craft your motion to
what the attorney just said, to have it go back to Planning and Zoning and then come back
through the same channel, proper channel?
Mr. Smith: That’ll be fine.
Mr. Mayor Pro Tem: I’ve asked, I asked the question myself if there were any objectors
when this was passed, and I don’t remember their being any, Mr. Shepard. Maybe there were
but I don’t remember. I asked that question. I’ve got calls about it as well. But I didn’t see—
this information wasn’t available then, Mr. Smith. People didn’t come forth to say what they are
saying now. There was a sign put up, there was indication that there was—that that was going to
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happen so I thought that the neighborhood was in agreement, Planning and Zoning saw it a
different way. They didn’t—George, you might need to step up here, too. Was there any
objectors that came to Planning and Zoning, Mr. Patty?
Mr. Patty: My recollection is it was just the Board of Education. I’m looking at the
minutes right now. It was just Board of Education.
Mr. Mayor Pro Tem: Okay. We’ll hear from Mr. Hall, but Mr. Smith has got a motion
on the floor. Did I get a second to that?
Mr. Brown: Second.
Mr. Mayor Pro Tem: Got a motion and second. Mr. Shepard?
Mr. Shepard: Just to make sure, we want to make sure on the record that the original
motion has not been implemented in any way. I think Mr. Patty, you went out to the site today,
is that correct?
Mr. Patty: At your request I went by the site today and there wasn’t any apparent
activity. I called the License and Inspection Department to determine whether there was a
business license in effect as of 1:00 o’clock today; there was not.
Mr. Mayor Pro Tem: Mr. Hall, do you have anything you would like to say at this point?
I want to give you an opportunity as well.
Mr. Hall: Okay. We understand everyone’s concern about this place and the proximity
to the school. And we looked at that prior to actually applying for this being a re-entry place.
And again, like you saw, like Ms. Beard saw, there was—it looks like it’s abandoned and really,
you have to be around there to see if there is really activity there. But there are three things, four
things I want to bring up. First of all, everybody in here would not want anybody that they knew
that was an ex-felon to live next door to them or be around then. If they knew that. But there are
halfway houses all over Augusta, all over this state, and it’s right in people’s neighborhoods, and
people do not even know. The zoning commission, they said we needed to have it rezoned. I
don’t even believe it needed to be rezoned in the first beginning, but we applied for that as well.
Now, there’s three things you really need to know. Like we said before, this is a program that’s
set up by three agencies of the State. One, two agencies of the State, one federal agencies. State
Pardons and Parole, State Department of Corrections, and another federal agency that is a part of
this program to try to help these guys get back into society. It’s a structured program. It’s not a
program where they just grab anybody in the system and send them to a house. They screen
these guys before they turn them loose, and they’ve already served their time. They’ve already
paid their debt to society and so first of all they’re going to be turn loose anyway. And they may
be in your neighborhood or my neighborhood or anybody’s neighborhood. Like we’ve all said,
they need a second chance. But this is a structured program. Not only have they been screened
before they’re let go, but we’ve got people on board to help these people that will be mentoring
and spending time, helping them get jobs and so forth. There will be a number of people
involved in helping them. There are no violent—there are no sex offenders that will be turned
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loose for this program. And so, you know, I just see it as a win-win for this community. It
makes a difference to the rest of the state that we would want to get these people rehabilitated.
Mr. Mayor Pro Tem: Dr. Hatney?
Mr. Hatney: Question, sir.
Mr. Hall: Yes, sir?
Mr. Hatney: Do you own the property at this time?
Mr. Hall: Yes, sir.
Mr. Hatney: Secondly, I can support the motion provided that be the process going to
start over, but I really have a problem with after something has already been done—this happens
to us all the time. Nobody had a thing to say, then after it’s been done here everybody comes
with all these concerns. Where were you? Cause if they put that marker out there a month at
least before it went down the Planning and Zoning.
Mr. Hall: Absolutely.
Mr. Hatney: I’m not fussing at you. I really get tired of this. Every time we get here,
folks come up who weren’t here before. They didn’t concern at all but when they found out it
was going to be [unintelligible] near them—those folks are everywhere anyway.
Mr. Hall: Absolutely.
Mr. Hatney: [unintelligible] houses with them. I don’t see why we’re so excited about
this, you know. I’m not trying to be funny. If folk are going to be given a second chance, we
can’t just lock them out everywhere they go.
Mr. Mayor Pro Tem: There is a motion on the floor.
Mr. Hall: I want to say one more thing. I talked to the person—excuse me, sir. I talked
to one of the agencies, one of the agents that are working with us from the State Pardons and
Parole Board, and she said some of the same things I said already, but she said that she would
come down and really talk with the School Board to ease their concerns. We’re not ready to do
this right now anyway. Okay? There are some things that has to happen and they’re months
away. All I’m saying to you, we had to go through the zoning part. That was just the first step
in the process, and if we have to have her to come down and talk with the School Board and
relieve all the people that are close to this area, you know, they’ll come down and do that and let
them know this is not a halfway house. This is a program that’s set up to really rehabilitate
people and really give them a chance, work with them, and get them back into society and get
them productive.
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Mr. Mayor Pro Tem: Mr. Shepard, what would this motion do? The motion is on the
floor. It belongs to the body. We got to vote on it anyway now. But what would this motion do
that’s on the floor, to send it back to Planning and Zoning?
Mr. Shepard: It would—
Mr. Mayor Pro Tem: Is that rescinding?
Mr. Shepard: Yes, sir, that’s the way the motion was phrased, that the previous action be
rescinded. And this is not on the agenda as a zoning case. It’s on as a delegation. And I think
you need to give the petitioners due process to come back through the Planning and Zoning
process. To return the matter to Planning & Zoning is the only way I can think of that would be
the way to accommodate their due process interest in this case.
Mr. Mayor Pro Tem: So—
Mr. Shepard: [unintelligible] motion to rescind and [unintelligible].
Mr. Mayor Pro Tem: So we need a substitute motion to send it back to Planning and
Zoning.
Mr. Hatney: It’s already included.
Mr. Mayor Pro Tem: I’m trying to be clear. I want to be fair with the petitioner as well.
If we, if we rescind it, and change it, that’s like it didn’t never happen and [unintelligible] not
there. But I think I’m hearing you say that we could send it back to Planning and Zoning and it
hadn’t been changed but it hadn’t been approved. Am I hearing you right?
Mr. Shepard: I think you are.
Mr. Mayor Pro Tem: And that’s what I need. Do I need to make a motion or somebody
need to make a motion to that effect? That’s what I’m trying to figure out.
Mr. Shepard: I think the motion includes that now. You are rescinding this action
and you’re returning it to the Planning and Zoning Board for action per the Georgia
Zoning Procedures law.
Mr. Mayor Pro Tem: I think I’m the only one up there that [unintelligible] I heard the
rescinding and I hear sending it back. But I’m trying to find a way that we will give the
petitioner, along with Planning and Zoning, the opportunity to come back to the table without
definitely saying it’s rescinded. Jimmy’s motion is going to rescind it and send it back, but it’s
going to be—if it don’t pass, if it don’t come out of there any more, then this petitioner who’s
done purchased the property, is totally out. It won’t do any good to bring anybody from Atlanta
or anywhere else. It’s going to be a done deal. I just want to be clear.
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Mr. Shepard: If the petitioners were denied in the next round, they could bring it to this
body. I mean, if it’s denied—if you send it back and the result at Planning and Zoning is
different, they’re only a recommending body.
Mr. Mayor Pro Tem: Right.
Mr. Shepard: This is where zoning is legislated. So I think that their interests are
protected as best they can be if you vote on the rescission, if you are favor of the rescission. If
you are not in favor of the rescission and you’ve already heard the case, the vote would be
against the motion to rescind, and the previous zoning would not be [unintelligible].
Mr. Mayor Pro Tem: I’m going to go ahead and call the question then and we’ll go
ahead and take a vote on Mr. Smith’s—
Mr. Hatney: Before you do that, can I have the Clerk read the motion that’s on the—
Mr. Mayor Pro Tem: Nancy, would you read that?
The Clerk: Yes, sir. The motion was to rescind the previous action of the Commission
and refer the issue back to the Planning Commission.
Mr. Mayor Pro Tem: That means a done deal.
Mr. Hatney: [unintelligible] consideration [unintelligible]. Yeah.
Mr. Mayor Pro Tem: Now, you can say for consideration, but when you rescind it, it
ain’t no further consideration. It’s already rescinded, Dr. Hatney. I mean [unintelligible] same
thing. I just don’t want to vote on nothing and once we vote on it we come back again saying we
need to vote because—
Mr. Hatney: The process starts over. That’s the way I understand this. So it goes back
and all them folks—all them folks you say will come down and talk for you, you better get them
down. Okay? Don’t come back here by yourself.
Mr. Mayor Pro Tem: I’m going to call for the question. All those in favor let it be
known by the normal sign of voting.
Mr. Bowles and Mr. Cheek vote No.
Mr. Williams abstains.
Motion carries 7-2-1.
Mr. Mayor Pro Tem: Let me make one statement that I think the School Board needs to
know, along with everybody else in this building. The State is doing some things. We got
another agenda item on this agenda, that the State is coming in and just setting up some potential
situations, such as this, already. We got another agenda item. We won’t get into it now. But the
State just come in and was turned down by this body but they came in and set it up anyway,
12
whether we like it or not, because it’s the State. So we need to bear that in mind. Next agenda
item, Madame Clerk?
The Clerk:
DELEGATIONS
D. Mr. William C. Foster, Jr., The Berry Children's Center
RE: The Commission's April 18th approval of a rezoning request for a Special Exception
affecting property located at 1694 Broad Street
Mr. Hatney: Mr. Chair?
Mr. Mayor Pro Tem: Yes, sir?
Mr. Hatney: In view of the fact that the item C has already been rescinded, to send
back to the Planning and Zoning, I think it would be inappropriate to hear anything on
that today, and I make a motion that we do not hear any more until we hear from Planning
and Zoning again.
Mr. Holland: I second that motion.
Mr. Mayor Pro Tem: We got a motion and a second. We have made a decision on C.
All those in favor—
Mr. Cheek: No discussion?
Mr. Mayor Pro Tem: Commissioner Cheek?
Mr. Cheek: Mr. Mayor, a citizen of this city has the right to petition this body to go on
the record and request five minutes before this delegation. For us to rescind the right of any
citizen to come speak before us on any issue is in direct conflict with what we should be doing as
a governing body. Anybody can come to this microphone on any issue if they follow procedure.
This gentleman followed procedure. We should at least as courtesy ask him would he like to
defer to the meeting or would he like to make his presentation. He probably took off of work to
come here or took away some of his time in his life to be here, and for us to arbitrarily kick him
back because we made a decision when he’s exercised his rights as a citizen is wrong. I, for one,
am opposed to us taking his time away from the microphone.
Mr. Mayor Pro Tem: I got no problem, Mr. Cheek, with that, and we’re not taking any
time away form him. I think we done—we discussed this issue. If the gentleman got some new
information, different information than what’s been shared, I will allow it. But if it’s the same
information that we had already, we’ve heard that. But if you have some new information, Mr.
Foster, I’ll be more than happy to hear that.
Mr. Foster: I’m satisfied with the action that the Commission has taken.
13
Mr. Mayor Pro Tem: Thank you very much, sir. All those in favor, let it be known by
the normal sign of voting.
Motion carries 10-0.
Mr. Mayor Pro Tem: Moving to the consent agenda, Madame Clerk. Any Commissioner
have anything on the consent agenda they wish to pull? You may do so at this time.
The Clerk: Would you like me to read the planning and alcohol licenses?
Mr. Mayor Pro Tem: Please read the alcohol petitions.
The Clerk: The consent agenda consists of items 1 through 39.
For the benefit of any
objectors under the Planning portion of the agenda, I’ll read the petitions regarding the rezoning.
PLANNING
3. Z-06-41- A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Brenda Hendley requesting a Special Exception to
establish a Family Day Care Home per Section 26-1 (f) of the Comprehensive Zoning
Ordinance for Augusta-Richmond County affecting property containing 1 acre and is
known under the present numbering system as 3645 Byrd Road. (Tax Map 155 Parcel 69-
03) DISTRICT 6
4. Z-06-42 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Caletha Taylor, on behalf of David Taylor, requesting
a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the
Comprehensive Zoning Ordinance for Augusta-Richmond affecting property containing
.57 acres and is known under the present numbering system as 2884 Lumpkin Road. (Tax
Map 83-2 Parcel 6) DISTRICT 5
5. Z-06-43 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Oscar McGee, on behalf of Willette P. Jeffcoat,
requesting a Special Exception to establish a church with day care activities per Section 26-
1 (A) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting
property containing 1.15 acres and is known under the present numbering system as 2034
Boykin Road. (Tax Map 168 Parcel 17-04) DISTRICT 6
6. Z-06-44 - A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Joseph M. Norris requesting a change of zoning from
Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) on affecting property
containing .40 acres and located at 2200 Martin Luther King Jr. Blvd. (Tax Map 72-1
Parcel 141) DISTRICT 2
7. Z-06-45 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Blanchard & Calhoun Commercial Corp., on behalf
of PCD LLC., The Kroger Co. & TOPVALCO, requesting a change of zoning from Zone
B1 (Neighborhood Business) and Zone B-2 (General Business) to Zone B-2 affecting
property known under the present numbering system as 2801 Washington Road and
consists of 7 land parcels totaling 17.5 acres. (Tax Map 12 Parcels 67, 68, 69, 70, and 72 and
Tax Map 13 Parcels 10 and 13) DISTRICT 7
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8. Z-06-46 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by James G. Swift & Associates, on behalf of Augusta
Metro Federal Credit Union, requesting a change of zoning from Zone R-1 (One-family
Residential), Zone R-1A (One-family Residential) and Zone B-2 (General Business) to Zone
B-2 affecting property containing 5.43 acres and is known under the present numbering
system as 205 Davis Road. (Tax Map 16 Parcel 24) DISTRICT 7
9. Z-06-48 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve with the following conditions 1) no access to Mack Lane; 2) a 6 foot
wooden shadowbox fence to be erected and maintained along Mack Lane (including area
rezoned in 2000); 3) a tree buffer to be erected and maintained that complies with the
Augusta-Richmond Tree Ordinance (including area rezoned in 2000); 4) fence and buffer
to be erected and inspected before a site plan shall be reviewed; a petition by Roger Green,
on behalf of Snel Tro LLC, requesting a change of zoning from Zone B-1 (Neighborhood
Business) to Zone B-2 (General Business) affecting property containing .77 acres and is
part of 2368 and 2370 Tobacco Road. (Part of Tax Map 154 Parcel 2-08 and Tax Map 154-
2 Parcel 5) DISTRICT 6
The Clerk: Are there any objectors to any of those petitions?
Mr. Mayor Pro Tem: None noted.
The Clerk: Under the Public Services portion of the agenda we have two alcoholic
beverages licenses:
PUBLIC SERVICES
10. Motion to approve a request by William E. Jenkins for an on-premise consumption
Liquor, Beer & Wine license to be used in connection with Southside Restaurant & Lounge
located at 2083 Old Savannah Rd. There will be Dance. District 2. Super District 9.
(Approved by Public Services Committee May 8, 2006)
11. Motion to approve a request by Brenda B. Gibson for an on premise consumption
Liquor, Beer & Wine license to be used in connection with The Public House located 399
Highland Ave. District 7. Super District 10. (Approved by Public Services Committee May
8, 2006)
The Clerk: Are there any objectors to those two alcoholic beverage licenses?
Mr. Russell: None noted.
Mr. Hatney: [unintelligible]
Mr. Mayor Pro Tem: Does any Commissioner have anything they want to pull at this
time off the consent agenda, or off the regular agenda to add to the consent?
Mr. Grantham: Mr. Mayor Pro Tem?
Mr. Mayor Pro Tem: Mr. Grantham?
15
Mr. Grantham: Thank you, Mr. Mayor Pro Tem. Under the Public Services, under the
regular agenda, we have an item there where last week at our committee meeting the petitioner
was not able to be here. The petitioner is here today and I think all the requests have been met.
That’s item number 43 that I would like to place under consent.
PUBLIC SERVICES
43. Motion to approve a request by Michelle R. Mobley for a Therapeutic Massage
license to be used in connection with Michelle R. Mobley at Hand Over Stress located at
104 Warren Rd. District 7. Super District 10. (No recommendation from Public Services
Committee May 8, 2006)
Mr. Mayor Pro Tem: Anybody have any problem with placing number 43 on the consent
agenda? Anybody else to my left want to pull anything or place anything on the—Mr. Brown?
Mr. Brown: Under Public Services, item number 12. Under Administrative Services,
item number 16. And under Other Business, item number 51.
Mr. Mayor Pro Tem: 61?
Mr. Brown: 51.
Mr. Mayor Pro Tem: 51. 51 is going to be on the regular. Anybody else to my left?
Mr. Hatney: Mr. Mayor Pro Tem, I’d like to look at item number 18, pull for discussion.
We had discussed this previously but I think that we have someone here today to discuss this and
share some information with us in reference to this particular item.
Mr. Mayor Pro Tem: Mr. Smith?
Mr. Smith: Thank you, Mr. Mayor Pro Tem. I’d like to put on consent as well under
Engineering Services number 28.
Mr. Grantham: It’s already there.
Mr. Mayor Pro Tem: It’s on consent.
Mr. Smith: Okay. 29, all of them on there. Thank you.
Mr. Mayor Pro Tem: To my right?
Mr. Brigham: Mr. Mayor Pro Tem, I think we need to honor Mr. Steinberg’s request on
item number 46 and delete it, send it back to committee.
FINANCE
16
46. Consider a request from Stephen H. Steinberg regarding relief from 2001 taxes for
the property at 1367 Gordon Highway. (Map/Parcel No. 073-0-039-01-0) (No
Recommendation from Finance Committee May 8, 2006
Mr. Mayor Pro Tem: Delete 46.
Mr. Grantham: Delete 46.
Mr. Mayor Pro Tem: Mr. Bowles?
Mr. Bowles: I have none.
Mr. Mayor Pro Tem: Mr. Cheek?
Mr. Cheek: Nothing, Mr. Mayor Pro Tem.
Mr. Mayor Pro Tem: Ms. Beard? Mr. Don Grantham?
Mr. Grantham: Thank you, Mr. Mayor Pro Tem. There’s one correction that needs to be
made and I think my colleague, Mr. Brown, was getting ready to get into that, and that’s under
th
item number 51 under the regular agenda. The rescheduling of the July 4 Commission meeting,
th
which has been discussed and we talked about that, but putting it back on June 28, the Clerk nor
myself caught the problem that most of the Commissioners will be in Savannah doing a training
thth
session from June 24 through the 28, therefore I recommend that we change that date to
th
Thursday, June 30.
OTHER BUSINESS
51. Consider rescheduling the July 4, 2006 Commission meeting to June 28, 2006,
canceling the June 26 committee meetings and forwarding items directly to the
Commission meeting. (Requested by Commissioner Grantham)
thth
Mr. Mayor Pro Tem: What we doing, we just changing the date from the 28 to the 30?
th
Mr. Grantham: To the 30, yes, sir.
Mr. Mayor Pro Tem: And what item is that?
Mr. Grantham: 51.
Ms. Beard: 51.
Mr. Grantham: And that’s Tuesday to that Thursday.
Mr. Mayor Pro Tem: Let’s just leave that on there and we going to change that date,
versus putting it on the consent.
17
Mr. Grantham: Sounds good.
Mr. Mayor Pro Tem: We’ll just leave it there. When we get to that one we’ll change that
date. Ms. Beard, did you have anything? Okay. I’ve got a couple of items I’d like to pull. I
think Mr. Brown has already pulled item 12. I need some clarification on a couple of those.
Item 13 is one. Also, item 18 I need some clarification on. That one, that one been pulled by
Commissioner Holland, I think. Item number 14 I need some clarification on as well. Item
number 6 and item number 10, Madame Clerk, I need to get some clarifications on those two as
well. 6 and 10, 13 and 14. I think that’s all. Anybody got anything else they want to add or
delete?
Motion to accept as corrected.
Mr. Grantham:
Mr. Hatney: Second.
Mr. Shepard: Mr. Mayor Pro Tem, there was some discussion prior to the meeting of a
workshop treatment of agenda item number 48 with respect to the DDA. I just point that out to
the Commission.
OTHER BUSINESS
48. Discussion of Augusta Downtown Development Authority.
A. Ethics Complaint and Business Practices.
B. Roles, responsibilities and meeting rules.
C. DDA oversight.
D. Project status - Houghton School, Widows Home, Street Scapes, Rail Depot and
Parking.
E. DDA Policies toward Commission appointees. (Requested by Commissioner Andy
Cheek)
Mr. Hatney: [unintelligible] workshop, we’re going to send it to Administrative Services.
Mr. Grantham: We’ll do that under regular business.
Mr. Mayor Pro Tem: That’s under regular.
CONSENT AGENDA
PLANNING
1. FINAL PLAT – GRANITE HILL, SECTION TWO – S 689 – A request for
concurrence with the Augusta-Richmond County Planning Commission to approve a
petition by Southern Partners Inc, on behalf of Homesites, LED, LLC, requesting final plat
approval for Granite Hill, Section 2. This residential subdivision is located on Norwood
Drive, adjacent to Buckhead, Section 5-A and contains 43 lots.
2. FINAL PLAT – PINEHURST, SECTION 6, PHASE 3 – S-688-III - A request for
concurrence with the Augusta-Richmond County Planning Commission to APPROVE a
petition by Southern Partners Inc., on behalf of Nordahl & Co., Inc., requesting final plat
18
approval for Pinehurst, Section 6, Phase 3. This residential subdivision is located off Laurel
Oak Drive, adjacent to Windsor Lake Subdivision and contains 4 lots.
3. Z-06-41- A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Brenda Hendley requesting a Special Exception to
establish a Family Day Care Home per Section 26-1 (f) of the Comprehensive Zoning
Ordinance for Augusta-Richmond County affecting property containing 1 acre and is
known under the present numbering system as 3645 Byrd Road. (Tax Map 155 Parcel 69-
03) DISTRICT 6
4. Z-06-42 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Caletha Taylor, on behalf of David Taylor, requesting
a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the
Comprehensive Zoning Ordinance for Augusta-Richmond affecting property containing
.57 acres and is known under the present numbering system as 2884 Lumpkin Road. (Tax
Map 83-2 Parcel 6) DISTRICT 5
5. Z-06-43 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Oscar McGee, on behalf of Willette P. Jeffcoat,
requesting a Special Exception to establish a church with day care activities per Section 26-
1 (A) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting
property containing 1.15 acres and is known under the present numbering system as 2034
Boykin Road. (Tax Map 168 Parcel 17-04) DISTRICT 6
7. Z-06-45 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Blanchard & Calhoun Commercial Corp., on behalf
of PCD LLC., The Kroger Co. & TOPVALCO, requesting a change of zoning from Zone
B1 (Neighborhood Business) and Zone B-2 (General Business) to Zone B-2 affecting
property known under the present numbering system as 2801 Washington Road and
consists of 7 land parcels totaling 17.5 acres. (Tax Map 12 Parcels 67, 68, 69, 70, and 72 and
Tax Map 13 Parcels 10 and 13) DISTRICT 7
8. Z-06-46 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by James G. Swift & Associates, on behalf of Augusta
Metro Federal Credit Union, requesting a change of zoning from Zone R-1 (One-family
Residential), Zone R-1A (One-family Residential) and Zone B-2 (General Business) to Zone
B-2 affecting property containing 5.43 acres and is known under the present numbering
system as 205 Davis Road. (Tax Map 16 Parcel 24) DISTRICT 7
9. Z-06-48 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve with the following conditions 1) no access to Mack Lane; 2) a 6 foot
wooden shadowbox fence to be erected and maintained along Mack Lane (including area
rezoned in 2000); 3) a tree buffer to be erected and maintained that complies with the
Augusta-Richmond Tree Ordinance (including area rezoned in 2000); 4) fence and buffer
to be erected and inspected before a site plan shall be reviewed; a petition by Roger Green,
on behalf of Snel Tro LLC, requesting a change of zoning from Zone B-1 (Neighborhood
Business) to Zone B-2 (General Business) affecting property containing .77 acres and is
part of 2368 and 2370 Tobacco Road. (Part of Tax Map 154 Parcel 2-08 and Tax Map 154-
2 Parcel 5) DISTRICT 6
PUBLIC SERVICES
19
11. Motion to approve a request by Brenda B. Gibson for an on premise consumption
Liquor, Beer & Wine license to be used in connection with The Public House located 399
Highland Ave. District 7. Super District 10. (Approved by Public Services Committee May
8, 2006)
ADMINISTRATIVE SERVICES
15. Motion to approve the recommendation from the Recreation Dept. Study Sub-
Committee to engage an outside independent auditor to review the activities at the Augusta
Golf Course with an appropriate scope of work to be established. (Approved by
Administrative Services Committee May 8, 2006)
17. Motion to approve an Ordinance providing preferences to local businesses doing
business with their local government within a 5% margin not to exceed $10,000. (Approved
by Commission in meeting April 18, 2006 and approved by Administrative Services
Committee May 8, 2006)
19. Motion to approve retirement of Mr. Herbert Pritchard under the 1977 Pension
Plan. (Approved by Administrative Services Committee May 8, 2006)
PUBLIC SAFETY
20. Motion to approve award of Bid Item #06-119 to Hebbard Electric, Inc. as low bid
for the purchase of emergency generators for the fire stations. (Approved by Public Safety
Committee May 8, 2006)
21. Motion to approve the purchase of a Pre-Fabricated Rifle Grade Shoot House from
Action Target of Provo UT for $172,500.00. (Lowest bid offer on bid #06-121) (Approved
by Public Safety Committee May 8, 2006)
22. Motion to approve the purchase of a new Presentation, Sound and Voting System.
(Approved by Public Safety Committee May 8, 2006)
FINANCE
23. Motion to approve the request from Crossroads Fellowship Church for an
abatement of 2005 taxes. (Approved by Finance Committee May 8, 2006)
24. Motion to approve the Engagement letters for counsel and SWAP advisor.
(Approved by Finance Committee May 8, 2006)
25. Motion to approve Cost Allocation Plan Update to be done by KPMG. (Approved
by Finance Committee May 8, 2006)
26. Motion to approve placing money generated from the swap in an escrow account
and that a certain amount of money be held in that account in reserve before any money is
spent with a report given on an annual or semi-annual basis as to how those funds are
expended or what additional revenue is generated from them. (Approved by Finance
Committee May 8, 2006)
27. Motion to approve the acquisition of one full-size 4x4 pickup truck (lowest bid offer
on bid 05-134) and one compact 4x4 pickup truck (lowest bid offer on bid offer 05-129) for
the Utilities Department-Administration/Engineering Division. (Approved by Finance
Committee May 8, 2006)
ENGINEERING SERVICES
20
28. Motion to abandon Timms Lane. (Approved by Engineering Services Committee
May 8, 2006)
29. Motion to approve a proposal from Cranston, Robertson & Whitehurst, P.C. in the
amount of $524,835 to provide an engineering design for the 630 Water System 36-inch
Water Main. (Approved by Engineering Services Committee May 8, 2006)
30. Motion to approve Deductive Change Order for the Olive Rd Sewer Project, AUD
#50224 in the amount of $29,824.97. (Approved by Engineering Services Committee May 8,
2006)
31. Motion to authorize condemnation of a portion of Property #140-0-803-00-0 4612
Dunson Drive, which is owned by the Pinnacle Properties, Inc. for 0.04 acre (1,551 sq. ft.)
of permanent drainage, utility and maintenance easement, more or less, and 0.05 acre
(2,351 square feet) of temporary construction easement, more or less. Public Works
Project: Pinnacle Place Subdivision Erosion & Drainage Improvement Project. (Approved
by Engineering Services Committee May 8, 2006)
32. Motion to grant 35 foot no build easement to John R. Harlan, Charles Anderson
and A.L. Adams across property located on 4-H Club Road. (Approved by Engineering
Services Committee May 8, 2006)
33. Motion to authorize the Engineering Department to purchase four automated water
samplers via sole source procurement in conjunction with a Federal 319(h) Grant awarded
to Augusta Richmond County to track bacterial sources, assess water quality, and revise
pollution abatement plans in the Rocky and Butler Creek Watersheds. (Approved by
Engineering Services Committee May 8, 2006)
34. Motion to approve list of County roads to resurface, using County Forces, and
funding from SPLOST III (County Forces Resurfacing). (Approved by Engineering
Services Committee May 8, 2006)
35. Motion to approve the revise organization of Utilities Engineering positions to
provide a more efficient structure. (Approved by Administrative and Engineering Services
Committees)
PETITIONS AND COMMUNICATIONS
36. Motion to approve the minutes of the regular meeting of the Commission held May
2, 2006.
APPOINTMENT(S)
37. Motion to approve the appointment of the following representing District Nine: Mr.
Edward Bullock, Canal Authority, Ms. Mildred Irish, Augusta Port Authority, Ms.
Margaret Whaley, ARC Library and Mr. Michael Myers, Animal Services Board.
38. Motion to approve the reappointment of Bill Lee to the Board of Tax Assessors
representing Senatorial District 23/District 10 Requested by Commissioner Don
Grantham)
39. Motion to approve the reappointment of Ms. B.J. Lester to the Augusta-Richmond
County Library Board of Trustees representing District 3.
PUBLIC SERVICES
43. Motion to approve a request by Michelle R. Mobley for a Therapeutic Massage
license to be used in connection with Michelle R. Mobley at Hand Over Stress located at
21
104 Warren Rd. District 7. Super District 10. (No recommendation from Public Services
Committee May 8, 2006)
DELETION:
FINANCE
46. Consider a request from Stephen H. Steinberg regarding relief from 2001 taxes for
the property at 1367 Gordon Highway. (Map/Parcel No. 073-0-039-01-0) (No
Recommendation from Finance Committee May 8, 2006
Mr. Mayor Pro Tem: Madame Clerk, I think we had a motion and a second that we
accept. All those in favor, let it be known by the normal sign of voting on the consent agenda.
Mr. Hatney abstains. [Item 11]
Motion carries 9-1.
Motion carries 10-0. [Items 1-5, 7-9, 15, 17, 19-39, 43, deletion of 46]
Mr. Mayor Pro Tem: Madame Clerk, I guess we’ll go back and take them in the numbers
that—
The Clerk:
PLANNING
6. Z-06-44 - A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Joseph M. Norris requesting a change of zoning from
Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) on affecting property
containing .40 acres and located at 2200 Martin Luther King Jr. Blvd. (Tax Map 72-1
Parcel 141) DISTRICT 2
Mr. Mayor Pro Tem: Thank you, Nancy. Mr. Shepard, this is a familiar piece of
property, familiar piece of zoning issue that we’ve dealing with. Can you tell me what the
neighborhood business that’s [unintelligible]? Can you tell me if that is rezoned from
neighborhood general, from general business, from neighborhood business to a general business,
does that—we had the neighbors to come out, I was called about this before and I’m hoping it’s
not the same thing that we had previously that we been dealing with, that the neighbors fighting.
I think it was a auto repair shop, of that nature, coming in and they was going to keep everything
inside. But before the zoning was cold there was stuff that was on the outside already. We end
up changing that and coming back. And so I guess my question is, and I couldn’t answer to the
neighbors cause I didn’t know what business, if we just generalized it and it can fit in any
category, meaning that general business cold hold a lot of things. And that’s a slap back in the
face to the neighbors who came down and supported in numbers, saying that prior to this, this
time, prior to anything happened before, came out in numbers saying [unintelligible] not support.
Mr. Shepard: Yes, sir, the case went to Superior Court and Judge Fleming ruled that we
were in a—if we didn’t act to rezone the property he would—he found the present zoning
unconstitutional. And I brought it to legal session twice, as I recall, indicating that the—our
22
main problem was that the applicant, as you recall, had a house just on adjacent property, not on
the property that was subject to being rezoned, that needed to be torn down. And that was torn
down. And I brought it to the Commission’s attention that the judge was, had ruled that we
should rezone the property or even declare it free of zoning. So I put it back through the Zoning
Procedures Act below this body, back to Planning and Zoning. And apparently it has come back
with no neighborhood objection. I think that the constitutional manner to handle this properly is
to rezone it as requested, Mr. Williams. I did not attend the Planning and Zoning Commission
meetings and I would ask Mr. Patty, who is here, if he would fill in that portion of the record.
But the zoning cases are subject to discretionary appeal. You don’t have the absolute right any
more to appeal it. So the order of the judge, which like I say which I discussed on two
occasions—I don’t know if you were in legal session then—but is that to give us the opportunity
to rezone it constitutionally and that calls for B-1 zoning in light of the uses surrounding the
property. I’d ask Mr. Patty if there were—cause we had discussed how to handle these cases
when they get remanded from the Superior Court. That’s the procedure where everybody can be
heard. I don’t think there was any objection and I know the property was signed because I went
out and looked at it, saw the red Z on it. I also at the same time saw that the petitioner, who we
contended came in with unclean hands, having not wrecked—or had not completed the
demolition of a structure on adjacent property, had completed that demolition, sir.
Mr. Mayor Pro Tem: George?
Mr. Patty: We did not have any objectors at our meeting and I just want to add one thing.
In Georgia there are two levels of remedy in these situations. First level remedy is for the court
to remand it back to the government to zone it in a constitutional manner. If he failed to do that,
then the second level remedy is to declare the property free and clear of all zoning laws. And
that’s what you’re facing, frankly, if you don’t zone this property. It’s zoned B-1 now. What
they want is B-2, which is the next step up. So there’s no other zoning classification you can
change it to that would change the Court’s opinion. So that’s the rock and the hard place you’re
up against.
Mr. Mayor Pro Tem: Rev. Hatney?
Mr. Hatney: I have no problem with the rezoning necessarily, but what kind of business
is it?
Mr. Patty: They want to fix cars. Car repair, auto repair, an auto repair garage.
Mr. Hatney: Do the neighbors know this?
Mr. Patty: It was abundantly clear at the Planning Commission meeting when this was
first heard back whenever it was, Mr. Hatney. There wasn’t a lot of discussion of it, frankly, at
the recent meeting because there were no objectors there. Everybody understood what the
ramifications were.
Mr. Mayor Pro Tem: This is the area on the corner of—
23
th
Mr. Patty: 15 Avenue and Martin Luther King.
th
Mr. Mayor Pro Tem: 15 Avenue and Martin Luther King. And the neighbors came out
and opposed any more of that. They’ve got so much of it there. There’s a junk yard adjacent to
this property that’s there that the owner have contacted me about cleaning up that part, because it
just been a detriment to that community. People are trying to pick themselves up and to change
the face of what’s going on and people are coming in continually. There is three of those type
businesses there. There’s a church there that is adjacent, across the street from it that’s trying
[unintelligible] car wash on the other side. The house Mr. Shepard spoke on [unintelligible]
creek, in fact it was so bad that the owner couldn’t get in there to do anything with it because it
sets into that creek, Mr. Shepard. We had to stay on them for a quite extensive amount of time to
get them to do what they finally did. And because the neighbors, or because we turned it down,
they asked for anything but another auto repair shop. They are dealing with rats, roaches,
mosquitoes, all of the rodents that you can think lives in those type places. There’s a wrecking
yard across the street that’s been there 200 years. I’m being facetious but the old [unintelligible]
place has been there for a long time. Stuff is still living there that we don’t, we can’t recognize
[unintelligible] see it. And people are tired of that type of environment, Mr. Shepard. But I’m—
the community has done all it can do and it’s up to this body. The Court has made a decision and
nothing we can do about it. I can’t support it because the neighbors don’t want it. I’m going to
make a motion to deny. Whether I get a second of not, that’s my motion. And I’m ready to go
ahead and vote on it.
Mr. Cheek: Second.
Mr. Mayor Pro Tem: Motion properly seconded. Any other discussion?
Mr. Hatney: Question.
Mr. Mayor Pro Tem: Mr. Hatney:
Mr. Hatney: Did I hear Mr. Patty correctly when he said if we don’t do something that
it’s going to be automatically done by the Courts anyway? [unintelligible] right?
Mr. Shepard: Mr. Hatney has the correct understanding. If there is—this body does not
vote to zone the property then the property will be declared free of zoning by [unintelligible].
And in order to zone it, a substitute motion to zone it B-2.
Mr. Hatney: Mr. Mayor Pro Tem, I’d like to offer a substitute motion that we go
ahead and allow the rezoning with the understanding that our ordinance that make folk
clean up around their properties be enforced.
Mr. Grantham: Second.
Mr. Mayor Pro Tem: Got a substitute motion. Any other discussion? Jerry?
24
Mr. Brigham: Mr. Mayor Pro Tem, Mr. Patty, those stipulations that were originally
placed on this property are still back on it? Weren’t there some stipulations originally placed on
it?
Mr. Patty: There were no stipulations.
Mr. Brigham: Okay.
Mr. Mayor Pro Tem: The substitute motion is up first. All those in favor of the
substitute motion let it be known by the normal sign of voting.
[Vote on substitute motion]
Mr. Williams and Mr. Holland vote No.
Motion carries 8-2.
Mr. Mayor Pro Tem: Next item, Madame Clerk.
The Clerk:
PUBLIC SERVICES
10. Motion to approve a request by William E. Jenkins for an on-premise consumption
Liquor, Beer & Wine license to be used in connection with Southside Restaurant & Lounge
located at 2083 Old Savannah Rd. There will be Dance. District 2. Super District 9.
(Approved by Public Services Committee May 8, 2006)
Mr. Mayor Pro Tem: Rob?
Mr. Sherman: The Sheriff’s Department and the License Department have reviewed the
application. It meets the requirements of the alcohol ordinance. The Sheriff’s Department, even
though he’d like to call it Southside Restaurant and Lounge, it’ll be classified as a lounge,
meaning that only 21 and above will be allowed to enter.
Mr. Mayor Pro Tem: I talked with the petitioner, Mr. Jenkins, and I’m going to support
him trying to set that up for what he wants to do, but I think some stipulations need to be put in
place. I think Mr. Jenkins needs to know—I believe everybody deserves a chance, deserve a
chance to try to make your business work. But the first time that we’ve got a incident there with
violence, I’d like to put in, Steve, if this is in order, to revoke those license. If there’s going to be
that kind of activity there. Now, Mr. Jenkins is trying to set up a business to change that area
and he and I have talked about this several times. But the community who not supportive of it,
understand that everybody needs a chance. He thinks he can make a go of it and I’d like for him
to have every benefit. But what kind of stipulations can we put in place that that revert back to
its present zoning, what it is now, if there is evidence or—maybe Rob. Somebody ought to be
able to help me with that because I think something has got to be put in place that we just
don’t—
25
Mr. Sherman: We have—I think that’s addressed in the alcohol ordinance. He will be
responsible for keeping it an orderly place. In the event that the Sheriff’s Department does have
to go to the business, then if he’s cited he would be taken through the courts. If it’s repetitive or
if it’s a single situation, I believe, that if he’s found guilty then we could bring it to you for the
consideration of revoking his license or suspending or placing him on probation.
Mr. Mayor Pro Tem: Mr. Shepard?
Mr. Shepard: Yes, sir, you’d have to have a hearing. I don’t think you could have self-
executing suspensions or revocations. Giving him a chance.
Mr. Mayor Pro Tem: When I say that, I mean brought back to this body to have an
opportunity for this body to make a recommendation on that. And Mr. Jenkins knows. He and I
talked several times about the facility. He wants to make a go of it. He wants to try it. the area
has got a bad name. It’s going to be rough and I give him all the [unintelligible] for trying to go
in there and change the situation. But unless he change some other stuff around there, and in my
view it’s going to be difficult, but I want to support it but I want him to know that we’re just not
opening up and letting this go. But Rob already mentioned that. The Sheriff has some
stipulations in there that if something happen it be brought back before this body.
Mr. Hatney: Question, Mr. Mayor Pro Tem. Mr. Mayor Pro Tem, my question is if you
are so concerned about this young man having the chance, why tie his hands to start with? I’m
going to abstain anyway, but my concern is—because I doubt seriously there is a lounge in
Augusta that there ain’t some fights in. So I just think it’s not good to restrict and to start with.
That’s saying to him I don’t believe you can make it. I think that’s asking for quite a bit.
Mr. Mayor Pro Tem: Well, Dr. Hatney, my constituents do not want the facility, and
your constituents as well, being the Super District, do not want it. I’m stepping beyond that,
telling them that I want to give him an opportunity, I want to give him a chance, but I need him
to know he just can’t be relaxed on the job. It’s going to be rough but I think, you know, he
needs that opportunity. I don’t want to turn him down, I didn’t want to turn him down flat, and
that’s what my constituents asked me to do. I’m trying to give him an opportunity to be a
businessman and to come in. I know the area very well. And he knows it as well. And we
talked about it. And I just think that something ought to be put in place where he’ll know that
he’s got to stay tight on his job in order to keep [unintelligible] outside this building. Now what
happen on the inside he can control. Outside, we had several businesses we revoked their license
because of outside activities but you can go ahead and speak.
Mr. Jenkins: Well, I would like to start by saying first of all since I’ve been in there I’ve
actually had lights put up. This place has been run for 25 years. You know, it was run without
streets lights in effect. I’ve had that changed and as a matter of fact I’ve brought some of the
entrepreneurs around there, you know what I mean, [unintelligible] only one doing business in
that area. Ronnie Strength and I had a discussion about the way things are going in that area and
he and I were in agreement that I would make a conscious effort to restrict any type of wrong
doing. I don’t want to cater to the riff-raff that you are speaking about. I need the opportunity to
26
actually get some more of your types down there. So if I could, I would really like to have Dr.
Hatney.
Mr. Mayor Pro Tem: [unintelligible]. I can hang with the best of them [unintelligible]
we know the history behind this place. Now, some of these Commissioners don’t even know
where this place is. If you told them you’d make them richer if they’d find it, they couldn’t do it.
We know the history. And I’m being up front, being honest with you. I want to help you. I
want to support you. We talked about that. But it’s going to be a job. And I just think you
ought to be up [unintelligible] yourself and I think you are being. I think you know it’s going to
be [unintelligible], not just your business, but the business that sits in front of you and the
clientele that sits in front of you daily. I mean it’s going to be hard. I didn’t want to get into all
that now but I’m supporting. My people, my District don’t really want it, but I’m stepping out
there and asking you to just do what you can. Rob has already [unintelligible]. We need to go
ahead and vote. We are going to let Mr. Grantham speak and then we’re going from there.
Mr. Grantham:
Thank you, Mr. Mayor Pro Tem. I think we need a motion before we
I’m going to make a motion as Chairman of Public Services based on the Sheriff’s
vote.
Department and License and Inspection that we approve this petition.
Mr. Brown: Second.
Mr. Mayor Pro Tem: Motion, properly seconded. Any other discussion? Hearing none,
none is those guidelines that Rob mentioned [unintelligible]. All those in favor let it be known
by the normal sign of voting.
Mr. Hatney abstains.
Motion carries 9-1.
Mr. Mayor Pro Tem: Next item, Madame Clerk.
The Clerk:
PUBLIC SERVICES
12. Motion to waive the rental fees of the Boathouse for July 21-23, 2006 in the amount
of $2,000 and the Augusta Commons in the amount of $500 for July 21, 2006 for the
Augusta Southern Nationals Drag Boat Race. (Approved by Public Services Committee
May 8, 2006)
Mr. Mayor Pro Tem: Mr. Brown?
Mr. Brown: I’d like to say that I certainly support the event and the city’s desire and
interest in helping be a sponsor of the event. I’m sorry the Mayor isn’t here because he brought
us the information about it. But I am concerned a little bit about a—is it going to be a special
exception this year or it is something that is going to be automatically like on in the future?
Mr. Mayor Pro Tem: I think Mr. Sherrouse is here to address this issue.
27
Mr. Sherrouse: We requested it just for one year, this year only.
Mr. Brown: All right.
Mr. Grantham: May I speak to that? As Chairman, we discussed it during that meeting
and it was put in the motion that was made that day at the committee meeting that we would
have it for one year only. And so it would have to come back as another petition for later time, if
it were to do that. But we only wanted it one year.
Mr. Mayor Pro Tem: Now, in previous years, Dayton, what have we done?
Mr. Sherrouse: We have paid it. The problem we’ve run into this year, our corporate
sponsorships are down from about $41,000 down to $23,500 this year and it’s been tough finding
additional sponsors to replace those with. We want to continue to have this race in Augusta.
st
This is the 21 year. It means a lot to the community. But we’re coming up on a deadline of the
race not far off and we needed some help getting the finances together to put the race on this
year, which is the reason we asked for it for this year only and we’re actively pursuing additional
sponsors for this year but for future years, as well.
Mr. Mayor Pro Tem: I just want to clarify something and I’m in support as well. Not
only Dr. Hatney, drinking, dancing, preaching, but I drag race as well. Some of y’all preachers
may want to try it.
Mr. Hatney: Well rounded. Well rounded.
Mr. Mayor Pro Tem: But last year now, we may not have donated but I think we made
some compensation as to cutting in half, something we did with the boat house. And I think we
ought to do that. I think we ought to assist. But I just want to mention that cause we did
participate in helping through the years.
Mr. Sherrouse: Not last year. I think it was the previous year where it was half the
amount and there was some question about that so we just said we’ll pay the full amount. The
half amount was only for one year.
Mr. Mayor Pro Tem: Okay. My recollection.
Mr. Grantham: Motion to approve.
Mr. Hatney: Second.
Mr. Mayor Pro Tem: Motion properly seconded. Any other discussion? Hearing none,
all those in favor let it be known by the normal sign of voting.
Motion carries 10-0.
28
Mr. Mayor Pro Tem: Next item, Madame Clerk.
The Clerk:
ADMINISTRATIVE SERVICES
13. Motion to approve award of HOME funds to recommended organizations and defer
award of allocated funds to Joint Venture/Dover Street until next meeting. (Approved by
Administrative Services Committee May 8, 2006)
Mr. Mayor Pro Tem: I guess my question is—I don’t see Paul. My question is this is
just the HOME funds that’s going to be allocated to those that meet the standards; is that right?
Mr. DeCamp: That’s correct. We’re on item 13; correct?
Mr. Mayor Pro Tem: Right.
Mr. DeCamp: These are the competitive funds. These are the projects that were viewed
and ranked by a review committee consisting of one staff member that they had, one staff
member from the Finance Department, one staff member from the Purchasing Department, and
two representatives of our Citizens Advisory Committee. They reviewed and ranked these
proposals and awarded points and the recommendations are based on those projects receiving the
highest number of points on average.
Mr. Mayor Pro Tem:I make a motion we approve, Paul.
I need to clarify one point
and when we ask you for a report about the HOME program funds for 2000, up to 2005,
whatever, those funds that the CHDOs have are funds that are still in your presence but
designated to them?
Mr. DeCamp: Correct.
Mr. Mayor Pro Tem: Now, I was under the impression that those funds, that list that you
gave was funds that they actually have been, have been allocated and received by them. I
thought they had those funds. When I got that list and saw the names associated with the dollar
amounts, in my mind said that these are the funds that they have, not funds that they entitled to
[unintelligible] clarification.
Mr. DeCamp: Well—
Mr. Mayor Pro Tem: We’ll talk about that later.
Mr. DeCamp: Okay.
Mr. Mayor Pro Tem: Just wanted to get that clear. My motion--
Mr. Hatney: Second.
29
Mr. Mayor Pro Tem: Second to the motion.
Mr. Cheek: Question.
Mr. Mayor Pro Tem: Mr. Cheek?
Mr. Cheek: Just a question. What does this mean? Is this the same Dover Street as the
Lyman/Dover Project?
Mr. DeCamp: The one that has been deferred?
Mr. Cheek: Yes.
Mr. DeCamp: Yes, it’s targeted based on the application. That project was—the
Dover/Lyman area was the target area selected by the CHDOs for that particular project. This is
th
based on the committee’s action on May 8, they voted to defer that discussion, further
th
discussion of that until that May 30 meeting.
Mr. Cheek: Defer doesn’t mean deletion of funding; that money’s still there?
Mr. DeCamp: No, the money is still there.
Mr. Cheek: I had to ask. Thank you.
Mr. Mayor Pro Tem: All those in favor let it be known by the normal sign of voting.
Motion carries 10-0.
Mr. Mayor Pro Tem: Madame Clerk, if we can, let’s jump over right quick to item 48, I
think it is. Agenda item 48.
The Clerk:
OTHER BUSINESS
48. Discussion of Augusta Downtown Development Authority.
A. Ethics Complaint and Business Practices.
B. Roles, responsibilities and meeting rules.
C. DDA oversight.
D. Project status - Houghton School, Widows Home, Street Scapes, Rail Depot and
Parking.
E. DDA Policies toward Commission appointees. (Requested by Commissioner Andy
Cheek)
Mr. Mayor Pro Tem: Commissioner Cheek?
30
Mr. Cheek:
Thank you, Mr. Mayor Pro Tem. I had asked to have this added to the
agenda because we seem to be stalling out as far as some issues on the operational practices and
ethics. I understand it is the will of the body to move forward with a work session to review this
in its entirety. I thank you for bringing this forward. There are some folks here to—that are here
that I don’t want to keep any longer than necessary. The reason I ask is two fold. One is
because as representative this Commission appointed has been told and basically stonewalled on
anything from documents from the past—having to pay for them. And I know none of us
[unintelligible] put up with that. But the list of projects on here, there just seems to be
divergence of ideas. For instance, the rail depot is a DDA accomplishment. That was brought
forward by this body to DDA and the building sat vacant for years without any interest until this
body brought it forward. The Woolworth’s building, we’ve applied for a grant but that seems to
be the limit of what we’ve done with it. It sits vacant. We’ve sent forward—we have in
downtown [unintelligible] $3.7 million, plus or minus a few [unintelligible] director of Main
th
Street. Mr. Toole, as an engineer, put forward a concept to look at a gateway at 13 Street, as
th
well as utilizing those funds to enhance our downtown area, and then we’ve got a 10 Street
th
project here [unintelligible] brochure is a 10 Street demonstration project, and I guess my
question is how much is that going to cost? And then finally dealing with the fact that if you
look at the brochure this is where the bone of contention lies with me, and it seems to be the
th
common theme through all of this, is if you look on the 2006 report at the 10 Street picture of
the broken-up sidewalks, that is a story repeated between Greene Street and Broad Street, from
thth
13 Street down to 5 Street, broken sidewalks, neglect and disrepair. Then we come to the
building across the street, the DeLaigle property, and that seems to have jumped from—and this
is a very seldom used sidewalk—jumped from nowhere on the radar screen to being very, very
important, in fact one of the most important [unintelligible] projects. So I say that to say the
priorities, the direction we’re taking, while I admire this, the strategic plans for downtown have
been done over and over again. The recruitment packages have been done over and over again
and it’s my job as a Commissioner, former board member of DDA, and a concerned citizen to
make sure that four years from now we don’t have all the plans, hopes and dreams without any
so I make a motion at this point to defer
fruition of those plans, hopes and dreams. And
discussion of this to Administrative Services to have a work session
—and Commissioner
Hatney has assured me that he as the new representative is going to look into these things and
make sure that we don’t find—and this is the thing that concerns me, is we don’t find this city in
the same place as it is now two or four years from now. I’ll only say this, because this is a pet
project of mine. If you look at the rail depot, the project has been funded with a grant that we
supported, it was awarded in February, it’s a tinder box. We’ve gone through several times in
the last several weeks, the doors are still open, there’s homeless people living in it. There’s one
of them left in the city of Augusta. That’s it. We need to move forward on these things and not
allow them to burn down or become homeless [unintelligible]. We need to take places like that
and do like Charleston. That needs to be the visitors center for downtown development, Main
Street, and the CVB all in one place, just like they have in Charleston. And to sit back and do
I make that in the
nothing less I think would be neglectful on our parts, Mr. Mayor Pro Tem.
form of a motion.
Mr. Hatney: I second that motion, sir.
31
Mr. Mayor Pro Tem: Is there anyone else? I thought we were going to get a motion.
Now, we heard from Commissioner Cheek. Anyone else? Commissioner Bowles?
Mr. Bowles: Thank you, Mr. Chairman. I would just like to add to what Mr. Cheek said
and let everybody know that we have a new director for DDA, Margaret Woodard, who has
come in amidst a lot of controversy and she has weathered this storm and she’s doing a
wonderful job. She understands the impact of tax allocation districts [unintelligible] incentives
in place to revitalize downtown Augusta and occupy these vacant buildings that have been
vacant for 30 and 40 years. And I just want to thank Margaret and let her know the Commission
is behind her and that she is doing a wonderful job and to come into the situation that she came
into, it’s going to take time to get out of it and I think the DDA is headed in the right direction.
But I would also like to add that I believe that Main Street Augusta has lost its role in our
community and I, for one, as one Commissioner would like to see Main Street Augusta merged
into DDA, just have one organization downtown focusing and have one vision for downtown.
Thank you.
Mr. Mayor Pro Tem: Anyone else?
Mr. Hatney: One observation. I’m concerned not just about DDA but [unintelligible] I
believe we ought to have the same review with all of them because there are situations that
[unintelligible] oversight up and we need to know and they need to know who [unintelligible]
authoritative body in the city. So I believe we need to review all of them, not just DDA.
Mr. Mayor Pro Tem: We’ve got a motion and second. Other discussion?
Mr. Brigham: Mr. Mayor Pro Tem?
Mr. Mayor Pro Tem: Mr. Brigham?
Mr. Brigham: When we have this workshop, I am assuming it’s going to be a full
Commission workshop?
Mr. Cheek: Yes.
Mr. Mayor Pro Tem: I would think so. All interested Commissioners are certainly
welcome to attend. It won’t be mandatory but I think all interested Commissioners would want
to attend. I don’t think we can leave out anybody. All those in favor—
Mr. Grantham: Let’s add something to that, please. I think we need to put a little teeth in
it. The request I think is great. But I think we need—in talking to our Administrative Service
Chairman, that this workshop be held within a 30-day period so we are moving forward with the
action of this body.
Mr. Mayor Pro Tem: Can that motion be amended to accept that, a 30-day period?
32
Mr. Hatney: Question. I was under the impression that we were going to have it done
within the next two weeks, rather than 30 days.
Mr. Holland: [unintelligible]
Mr. Mayor Pro Tem: We got a motion and the motion going to dictate what the
administrative committee meeting or meeting does, because the motion is what we are going to
vote on. Now, all this assumption ain’t worth two cents. Now if you going to amend your
motion, Mr. Cheek, to add two weeks or 30 days or whatever time period, that’s what we need to
go by. The motion is to just have it sent back to committee, it doesn’t have a time line. You
want to amend your motion and your second to add that, or do we vote on it, or do we get a
substitute motion? It don’t make no difference to me. Let’s go by the rules.
Mr. Cheek: I further, I have no problem with the amending of the motion. Two
weeks sounds good to me. I do want to clarify the intent behind the—what I see as the
intent behind the workshop—one, to discuss DDA, two, to discuss what rules and ethics
guidance they operate under, three, to discuss the ethics complaints and the intermingling
of business practice of board members with grants they administer, who provides the DDA
oversight, what their roles and responsibilities and meeting rules are and getting a
complete project status on the projects that are listed in your backup.
Mr. Mayor Pro Tem: You amend your motion for 30 days or two weeks?
Mr. Cheek: Two weeks is good with me.
Mr. Hatney: Second.
Mr. Mayor Pro Tem: Motion, properly seconded, that we send this back to
Administrative Services and within two weeks we’ll come back and have a meeting among those
who are interested as Commissioners to come and do a workshop within the two week period.
All those in favor let it be known by the normal sign of voting.
Mr. Cheek: And Mr. Mayor, just for clarity, that does include board members that want
to come and speak. I’m very concerned about the muzzling that’s going on right now that causes
dissent among the board.
Motion carries 10-0.
Mr. Mayor Pro Tem: We’ll go back right quick, Nancy, to give people an opportunity to
get out. They’re welcome to stay if they so desire. Let’s move on to the next item.
The Clerk:
ADMINISTRATIVE SERVICES
14. Motion to approve award funds to CHDOs to be used for the cost of operations.
(Approved by Administrative Services Committee May 8, 2006)
33
Mr. Mayor Pro Tem: I asked for this to be pulled. Paul, I seen in the backup that one
CHDO was under condition. I need to know what that condition was or what—
Mr. DeCamp: Laney Walker was conditionally certified, Commissioner. We just felt
that they needed to provide some additional information and time lines with regard to the
advancement of their projects [unintelligible] Summerfield East and the project that they plan to
begin after they complete Summerfield East. We have been meeting with them, had productive
meetings with them on a monthly basis for the last two months, since we made this conditional
certification, and we anticipate continued progress and lifting that conditional certification and
making it a full certification next month.
Mr. Mayor Pro Tem: You know, if I got to vote on this and this says conditional, I
looked in the backup and I didn’t see anything except the work conditions on that, Paul. That
kind of leave open door. And I want to be fair and I want to make sure. If they meet the
guidelines and was able to receive whatever amount of funds, I think that should have been
worked out before we sent an agenda in that says, you know, conditions on it. Because if you
don’t know what those conditions are.
Mr. DeCamp: Right. And the condition was that they agree to meet with us on a
monthly basis up through June to show, provide additional information showing how they plan
to expend the project funds that they have, currently have. And what kind of a time line they
would set for expenditure of those funds. And we’re working through that process right now.
So the condition was that they meet with us monthly and provide that additional information,
too, so that we had an assurance that they were going to continue to make adequate process in
implementing their projects.
Mr. Mayor Pro Tem: But do you understand why I asked that question?
Mr. DeCamp: Yes, sir.
Mr. Mayor Pro Tem: So move.
Mr. Cheek: Second.
Mr. Mayor Pro Tem: Been a motion and properly seconded that we approve. Mr.
Shepard, you had something?
Mr. Shepard: I had a question from the administrator and I said you had the authority to
make motions. And you do.
Mr. Mayor Pro Tem: All those in favor, let it be known by the normal sign of voting.
Mr. Grantham out.
Motion carries 9-0.
34
Mr. Mayor Pro Tem: Next item, Madame Clerk?
The Clerk:
ADMINISTRATIVE SERVICES
16. Motion to approve the Façade Rehabilitation Grant Application for 3044 Deans
Bridge Road (Villa Europa Restaurant). (Approved by Administrative Services Committee
May 8, 2006)
Mr. Cheek: Motion to approve.
Mr. Smith: Second.
Mr. Mayor Pro Tem: Mr. Brown? Keith Brown had that pulled.
Mr. Brown: I just had a question about it. We talked about in the Administrative
Services Committee meeting the requirement of a fulltime position of employment and
monitoring. I also wanted to ask about the DBE participation with these funds. Would that be
included in the funding that they will receive?
Mr. Mayor Pro Tem: Paul?
Mr. DeCamp: The DBE?
Mr. Brown: Participation.
Mr. DeCamp: Participation?
Mr. Brown: Yes.
Mr. DeCamp: Yes, as part of the actual contract for the work on the property, yes.
Mr. Mayor Pro Tem: Paul, will the DBE person be the one that monitors whether or not
that the business owner is complying or will you all be doing it? Because if the DBE person is
doing that I think they ought to have a hand in monitoring and seeing that that’s done.
Mr. DeCamp: We can certainly arrange that. We do it at the department level ourselves.
We will be more than happy to have the DBE coordinator involved with us in that.
Mr. Mayor Pro Tem: Mr. Brown? Did I get a motion? I got a motion, I think, and a
second. Mr. Holland got his hand up.
Mr. Holland: One of the things I wanted to get cleared up, too, Paul is the fact that a
person will be hired at that facility from the low-to-moderate income?
Mr. DeCamp: That’s correct. A condition of this assistance.
35
Mr. Holland: Right. So then it will be necessary for someone to monitor that person at
all times so we as Commissioners will know that that person is still working there.
Mr. DeCamp: Right. From one year to the next we will monitor that for I believe a
period of five years.
Mr. Holland: And a definite record will be kept of the time that they are working there?
Mr. DeCamp: That’s correct.
Mr. Mayor Pro Tem: Motion, properly seconded.
Mr. Cheek: Question.
Mr. Mayor Pro Tem: Commissioner Cheek?
Mr. Cheek: Thank you. Does this mean that—I mean this is to be a person that meets
the qualifications of being a person in need for a job; it doesn’t mean that a person gets hired
when this grant is initiated and then they’ve got a five year job no matter how well they perform?
Mr. DeCamp: Is it a condition that it be the same person keep the job for five years? No.
Mr. Cheek: I just have a problem with this. There are folks over there that struggle, they
need some assistance, this is the first time this kind of money has come this far south, and
probably, if truth be known, they’re already providing work for people who probably would
qualify. So I just hate to see us overburden small business owners with too much administration
and then basically do away with the benefits of the grant program.
Mr. DeCamp: Right.
Mr. Mayor Pro Tem: I don’t think they’ll be limited to a particular person. If a person
not performing, they ought to be able to find somebody else. I think any employer will not just
keep somebody because that’s a person under the grant. I think the stipulation is that they hire
someone from that area and monitor. But if a person quits or doesn’t work out, I think they have
to go back and replace that person.
Mr. DeCamp: Right. That’s correct. It’s a position. Not a particular person.
Mr. Mayor Pro Tem: All those in favor let it be known by the normal sign of voting.
Motion carries 10-0.
Mr. Mayor Pro Tem: Next item, Nancy.
The Clerk:
36
ADMINISTRATIVE SERVICES
18. Motion to approve the reprogramming of $39,220 from the Augusta Mini Theatre
project and award to the McDuffie Woods Project. (Approved by Administrative Services
Committee May 8, 2006)
Mr. Mayor Pro Tem: Mr. Holland?
Mr. Holland: Yes, sir, Mr. Mayor, I—Mayor Pro Tem—I [unintelligible] some concern
about the reprogramming of these funds. And something has come up in reference to the
reprogramming of these funds at this particular time. Something that we discussed in our last
meeting in reference to programming these funds, something that we really didn’t want to
happen, but for some reason or another, this has occurred, so it’s going to be incumbent upon the
Commissioners to sit and listen to Mr. Butler if he’s here, and of course Paul if he’s here, so we
can make a decision as to whether or not we are going to send this back and maybe make another
decision on this.
Mr. Mayor Pro Tem: Paul, we are going to let you speak to this first and tell us where we
are.
Mr. DeCamp: Okay. We initiated this project at the department level based on a couple
of things. Our understanding going in that the Mini Theatre had agreed to this reprogramming,
the second one being that we had another project that was advancing and had already, was
needing additional funds for completion at McDuffie Woods Park. This is [unintelligible]
dollars we’re talking about. These are the dollars that we are trying to spend down as
expeditiously as we can. So that’s, those are the two factors that played into our advancing the—
and recommending this reprogramming. Now, of course, Mr. Butler did contact me earlier today
indicating that he had serious reservations about the reprogramming of this $39,000. He had
previously agreed to reprogramming $22,000 which was of course done last month. But anyway
that’s my background on it and we are certainly at the department level more than willing to
work with you and with Mr. Butler to reach a favorable outcome on this issue.
Mr. Mayor Pro Tem: Mr. Butler, give us your name and address for the record.
Mr. Butler: I’m Tyrone Butler, 2414 Madrid Drive, Augusta of course. We did agree to
the re-granting of these dollars. We were under the understanding that these dollars would be
restored when we did this initially. But of course this body, the Commission, voted not to restore
those funds once we get underway with the project, so when I got that understanding I realized
then that we cannot afford to have those funds re-granted, being that we are starting our
construction this October, and the construction of the school’s portion is 1.7 million. We are
right at 1.7 million. We cannot go out for bid for a contractor if we do not have those funds
committed in writing with the 1.7 million, so—I did agree because we did want to get those
dollars spent, but that was prior to my knowing that the Commission would not vote to restore
those funds back to the Mini Theatre once we got the project going.
Mr. Mayor Pro Tem: Mr. Brown?
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Mr. Brown: I just have a question about the time line that we’re talking about, spending
the money. If the Mini Theatre is going to break ground in October, will that meet the time line?
Mr. DeCamp: Well, it would as long as we can—and we certainly work with the Mini
st
Theatre—as long as we can spend those dollars before November 1. And there is probably a
way to work through that, but it’ll take, you know, cooperative effort to do that.
Mr. Mayor Pro Tem: Something else?
Mr. Hatney: Mr. DeCamp, do we have to spend them, or have them under contract?
Mr. DeCamp: We have to spend as many dollars—
Mr. Mayor Pro Tem: Ms. Beard?
Ms. Beard: Mr. Butler, do you feel that—I mean if you are going to break ground in
October there should be things that you can do to use this money immediately; is that so?
Mr. Butler: That’s so.
Mr. Mayor Pro Tem: Mr. Holland, and then go back to Mr. Brown.
Mr. Holland: From my understanding, you know, he needs this money now in order to
get things started with the Mini Theatre. It’s an unfortunate situation that it was agreed upon in
that particular time. However, that money has not been transferred to Paul or to HED at this
particular point. So if I’m in order, Mr. Mayor, I’d like to make a motion that we reprogram this
money for the Augusta Mini Theatre back to them in order for them to have this money to start
their program in October.
Mr. Brown: Second.
Mr. Mayor Pro Tem: Mr. Smith—Mr. Brown, sorry, had his hand up, then Mr. Smith,
then Dr. Hatney.
Mr. Brown: I’d just like to say that before I came on the Commission I remember a time
in a meeting where there was some funds already taken from the Mini Theatre and moved to
another project. It seems to me that the Mini Theatre is ready to move forward now and I’d just
like to say that I’d not like to see this money taken away from them as they move forward with
their project.
Mr. Mayor Pro Tem: Mr. Smith.
Mr. Smith: Thank you, Mr. Mayor Pro Tem. Mr. Butler, would you need all of this
money at the beginning of the project?
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Mr. Butler: Yes.
Mr. Smith: You would?
Mr. Butler: Yes, sir.
Mr. Mayor Pro Tem: Dr. Hatney.
Mr. Hatney:I would like to offer a
The motion was made, I believe, to reprogram.
substitute motion that the money is not reprogrammed, and left with the Mini Theatre.
Mr. Grantham: I’m going to second it. The question is I hope that’s what he needs in
order for us to get in place that the Mini Theatre receives the funds that they’ve been allocated,
that was taken away from them and now given back to them. [unintelligible]
Mr. Mayor Pro Tem: Paul, can you address that?
Mr. DeCamp: Well, I tell you, [unintelligible] sitting up there I’d say just vote to deny
the recommendation. The motion is to approve the reprogramming, so if you deny the
reprogramming you’re essentially leaving money where it is. Unless I’m wrong.
Mr. Hatney: That [unintelligible] motion. To leave it with the Mini Theatre.
Mr. Mayor Pro Tem: We got a substitute motion. Let me ask a question of the attorney.
Can an agency or can a group, be it the Mini Theatre or anybody else, agree to let somebody else
get money and then stand in line for it, I guess, so to speak? And I want to call [unintelligible]
because I think McDuffie Woods is still in need of this money. The reason they doing it, they
ain’t just doing it just to be doing it. I think there is another side to this. But can an agency do
that, Mr. Attorney?
Mr. Shepard: Can it reprogram?
Mr. Mayor Pro Tem: It can reprogram, but can an agency, whether it be the Mini Theatre
or anybody else who’s got funds allocated to them say okay, I agree to let you get these funds
and I’m going to wait on some more? I’m just trying to figure out does the system work like
that?
Mr. Shepard: I am trying to figure out the question. I think that if at some time he wants
to defer receipt of his money—I don’t know why he’d want to, but that would be possible, Mr.
Williams.
Mr. Mayor Pro Tem: So you’re saying that is a [unintelligible].
Mr. Shepard: I don’t hear him agreeing to it, Mr. Williams. I hear him wanting money.
39
Mr. Mayor Pro Tem: And I think to keep us from coming back with this same thing
again, with somebody else, we just need to give some direction to Paul as to what they can do.
We talking about money spend down, money that we have, but if agencies got money and they
hadn’t used it—if they have to use that money it shouldn’t be designated to that agency, then turn
around and say we give that agency back some more money, the money we took from them.
Now unless they got in their bank account somewhere and we got to go over there and get it
[unintelligible], but if Paul still got it, it’s still in our control, we need to go ahead and use the
money for whatever. Dr. Hatney, I want Mr. Beck to come because McDuffie Woods is a
[unintelligible] project and [unintelligible] got to be a need [unintelligible].
Mr. Hatney: The question was raised can you continue to let somebody else have money
allocated to somebody else and then this person denied their share, the answer is no. You can’t
do that with these funds. You can’t say Mr. So-and-So, we are going to take $40,000 of your
money and [unintelligible] no, sir, you’ve got to qualify [unintelligible]. Shouldn’t do that.
That’s not the way that money works.
Mr. Mayor Pro Tem: Okay, what are we going to do for McDuffie Woods if this money
is now programmed? Tom, has that got, is that something fixing to be held up? Because I know
we didn’t just do this to be doing it. We did it for a reason, I am sure. What’s the repercussions?
Mr. Beck: Mr. Mayor Pro Tem, members of the Commission, the status of that would
put us on where we would have to waive for our SPLOST funds to become available. The keys
[unintelligible] monies were going to be reprogrammed for a quick spend-down were for a
commercial grade kitchen, which McDuffie Woods has needed for many years, and the
completion of a walking track that’s been on the plans. Those things can get accomplished next
year but we did need these funds to move forward expeditiously to get that accomplished.
Mr. Mayor Pro Tem: I guess my question to Paul would be now is there funds anywhere
else?
Mr. DeCamp: Just by coincidence we got a letter from another grantee this week
indicating that they were not going to use a sum of money that would more than cover the needs
that Mr. Beck has.
Mr. Mayor Pro Tem: Can you bring that back through Administrative Services so we can
get that going?
Mr. DeCamp: Right.
Mr. Mayor Pro Tem: I’m going to call for the question. Dr. Hatney had the substitute
motion. All those in favor of the substitute motion to leave the money where it is—
Mr. Speaker: [unintelligible] discussion.
Mr. Mayor Pro Tem: Y’all need to say something there.
40
Mr. Cheek: One of the things we can do, and we’d better have learned lessons from the
past, we can turn this money back in to HUD. And if we don’t spend it down and we find all
these groups—and I’ve been a big fan of the Mini Theatre since they’ve been here, and not
selecting them out—but we need to be reviewing. We’re in the fifth month of the year. Every
dad gum one of these groups that’s sitting out there with money that they’re sitting on and not
getting done—because it’s going back to HUD. They’ve sent the message and they’re serious
about it. And if it isn’t spent down by the sixth month, at least a spend down plan, and have it
done by the eighth month, we need to have an escape strategy for some spending down like
Tom’s talking about. Capital items in area of need or whatever to keep from sending out money
back. Because once it’s gone, it’s gone this year and we ain’t getting it back next year.
Mr. Mayor Pro Tem: Mr. Brigham?
Mr. Brigham: That was basically my concern, Mr. Mayor Pro Tem, is we tend to be
delaying our spend-down of these funds. I am very concerned that we are not going to meet our
deadlines. I would [unintelligible] like to see [unintelligible] report to make sure we’re on track
for our spend down.
Mr. Mayor Pro Tem: Ms. Beard? Make sure I’m looking to my right. And those of us
who may not be abreast of it, Commissioner Holland has been very active with Paul pursuing the
monies to make sure that we’re not—they [unintelligible] a trip to Washington, D.C., but they
have been very active in trying to get a handle on our spend down and the federal dollars that
come in. But there are guidelines that go with this money. We can’t just spend it now. Now,
ain’t no problem spending money. Might be a problem getting it, but ain’t no problem spending
it. But there are guidelines to go with the money that’s being spent and I think they are trying to
do just that. But I commend the Administrative Services Chairman for his tenacity and staying
on target on that. Now, if we [unintelligible] all those in favor of the substitute motion, to leave
the money with the Mini Theatre, let it be known by the normal sign of voting.
Motion carries 10-0.
Mr. Butler: Thank you.
Mr. Mayor Pro Tem: Next item.
The Clerk:
PLANNING
40. Z-06-50 – A request for concurrence with the Augusta-Richmond County Planning
Commission to deny a petition by Regena Miles requesting a change of zoning from Zone A
(Agriculture) to Zone B-2 (General Business) affecting property containing 5.82 acres and
is known as 5050 D Mike Padgett Highway. (Tax Map 338 Parcel 91 & 92) DISTRICT 8
Mr. Mayor Pro Tem: George?
41
Mr. Patty: This is a large flagpole lot on the east side of Highway 56 near McBean and
the applicant wanted to establish a travel trailer park out there. We had objectors from the
neighborhood with petition. No other commercial zoning in the area. Didn’t feel it was
appropriate. Recommend you deny.
Mr. Grantham: Motion to deny.
Mr. Smith: Second.
Mr. Mayor Pro Tem: Motion, properly seconded. Any other discussion?
Mr. Brigham: Mr. Mayor Pro Tem, is the applicant here or any protestors here? Let’s do
this right at least.
Mr. Mayor Pro Tem: We might not have to—might be able to save the young man some
conversation if the motion is passed. I think he just wanted it passed.
Mr. Speaker: [unintelligible]
Mr. Mayor Pro Tem: We got a motion to deny, motion and second. Any other
discussion? Hearing none, all those in favor let it be known by the normal sign of voting.
Mr. Hatney out.
Motion carries 9-0.
Mr. Mayor Pro Tem: That takes us to the regular agenda now?
The Clerk: 41.
Mr. Mayor Pro Tem: 41.
The Clerk:
PLANNING
41. Z-06-49 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve with the following conditions 1) that the use of the property be
limited to one outdoor advertising sign and those uses permitted in an Agriculture Zone
and 2) that an access road from Wade Road shall be locked and gated with a minimum of
clearing; a petition by Faye Pippin, on behalf of Monica L. Haskell, requesting a change of
zoning from Zone R-1A (One-family Residential) to Zone B-2 (General Business) affecting
property located on the southeast corner of the intersection of Wade Road and
Milledgeville Road and containing 2.9 acres. (Tax Map 68 Part of Parcel 73) DISTRICT 5
Mr. Mayor Pro Tem: George?
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Mr. Patty: This is actually a very long, narrow tract on the west side of Bobby Jones at
Milledgeville Road and the applicant—it is currently wooded. It’s actually located between
Wade Road and Bobby Jones Expressway. Probably not over a hundred feet wide at any point.
It opens up next to the church. The applicant wants to put one billboard on it. The property
across Bobby Jones is similarly situation, zoned B-2 for a couple of billboards. We did have
some objectors at the meeting that live on Wade Road. A lot of family members live down there.
They didn’t want the trees cut, which the applicant has agree not to do, and they didn’t want
any—they were concerned about activities if there was a driveway going to the location of this
sign, crime and that sort of thing. The Planning Commission approved it with the conditions you
see here in front of you and we think that’s a good compromise. I don’t know in the end whether
the objectors still objected but I don’t know that they’re here. The applicant is present.
Mr. Mayor Pro Tem: The applicant is present. Any objectors here?
Mr. Russell: None noted.
Mr. Mayor Pro Tem: Can I get a motion from the body?
Ms. Beard: So move.
Mr. Holland: Second.
Mr. Mayor Pro Tem: Motion, properly seconded. Any other discussion on my right?
Hearing none. Any on my left? All those in favor let it be known by the normal sign of voting.
Mr. Hatney out.
Motion carries 9-0.
Mr. Mayor Pro Tem: Next item, Madame Clerk.
The Clerk:
PLANNING
42. Z-06-47 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Abdullah El Khalifa requesting a change of zoning
from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property
containing 1.36 acres and is known under the present numbering system as 3025 Tobacco
Road (Tax Map 128 Parcel 28) DISTRICT 4
Mr. Patty: This is a small strip center on the north side of Tobacco Road near Fort
Gordon. It’s presently zoned B-1 and the applicant recently purchased property and it is my
understanding there were a couple of uses in there at the time he purchased it. It actually needed
B-2 zoning and he just wants to clean up the zoning situation that he inherited. There’s other B-
2 zoning surrounding it. It’s a heavily traveled corridor. The Planning Commission
recommended you approve it. We did have a concerned citizen that—my recollection is
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vacillated in and out of whether he objected or not. I don’t see that individual here today. The
applicant is present.
Mr. Mayor Pro Tem: Mr. Brown?
Mr. Brown: I’d like to know what your recommendation is, Mr. Patty?
Mr. Patty: We recommend it be approved.
Mr. Mayor Pro Tem: Can I get a motion?
Ms. Beard: So move.
Mr. Cheek: Second.
Mr. Speaker: Second.
Mr. Mayor Pro Tem: Motion and two seconds. Any discussion to my right? Any to my
left? Hearing none. All those in favor let it be known by the normal sign of voting.
Motion carries 10-0.
Mr. Mayor Pro Tem: Next item, Madame Clerk.
The Clerk:
ADMINISTRATIVE SERVICES
44. Motion to approve request to hire maintenance worker in the Augusta Fire
Department. (Deferred until next meeting of Administrative Services and approved by
Public Safety Committees)
Mr. Russell: Mr. Mayor Pro Tem, if I may. That item came to [unintelligible]
Administrative Services last week. Chief Willis, due to illness, was not available. I asked that
that be continued until the next Administrative Services meeting. I was unaware at the time that
it was also on Public Safety. Public Safety did pass the item but it would be my request you
defer that to Administrative Services and give them the option to review that [unintelligible].
Mr. Mayor Pro Tem: Any conversation, any discussion on my right?
Mr. Hatney: I move that we follow the Administrator’s advice.
Mr. Mayor Pro Tem: Just a minute, Dr. Hatney. I’m on my right.
Mr. Hatney: Oh, you’re on your right? I wasn’t looking.
Mr. Mayor Pro Tem: I said any discussion, I said on my right. Commissioner Cheek?
44
Mr. Cheek: Mr. Mayor, I agree with the process but if we have had—if we have a chance
to dispense with this today that would save one additional slot on Administrative Services to talk
about some of the many other items they have, so perhaps we can dispense of it today.
Mr. Mayor Pro Tem: Now to my left.
Mr. Hatney: I’m on your left.
Mr. Mayor Pro Tem: You’re my other right.
Mr. Hatney: Mr. Administrator?
Mr. Russell: Yes, sir.
Mr. Hatney: What’s really in the way of completing this today?
Mr. Russell: Nothing, sir, other than the fact that I did request that Administrative
Services have a chance to look at that. I feel somewhat obligated to carry [unintelligible]. If it’s
the will of the body we can dispense with it today.
Mr. Hatney: Would you repeat that, please?
Mr. Russell: Mr. Chairman, members of the Commission, what I said was that there was
nothing really in the way of completing this today. It is legitimately on the agenda by being
passed through Public Safety. I did ask that it be carried over to Administrative Services because
Chief Willis was not there; they agreed to do that. I feel obligated to give Administrative
Services a chance to review that since it is a personnel action. But once again, it is the will of the
body. So if you’d like to carry forth today, that’s your idea, but I did ask the Administrative
Services Chairman to carry it forward and he did and I feel obligated to bring that to your
attention.
Mr. Hatney: Since Chief Willis is here, let’s give him an opportunity to share with us.
Mr. Mayor Pro Tem: Chief, do you want to address this?
Mr. Willis: Yes, sir. Members of the Commission, Mayor Pro Tem, this particular
position that we’re asking for would be a person that would take care of maintenance around our
stations in addition to our new training center, as well, too. In the past years, when I first started,
and I’m sure in the past years when you were in the fire service, too, Mr. Mayor Pro Tem, if we
answered 800 calls a year we were busy. Now, we are well over—one station can answer 800
calls in a month and our firefighters are mandated to maintain 240 hours of training, in addition
to answering EMS calls, fire calls, and taking care of hydrant flows and things like that that we
have to do for our [unintelligible] requirements. Time is very limited and we do like to have our
fire stations presented to the public in an orderly manner, where they look neat and clean, with
the grass cut and the trucks kept up as well, too. This particular position we would be afforded a
45
capability of taking a person and having them trained through the correctional systems that
would pick up a couple of—possibly three inmates each day. We would set a schedule for them
to maintain all the fire stations and any other additional properties we have as well, too. In
addition to the fire stations we would have—we’re working toward Engine Co. 7 and
maintaining that for a museum and for a community resource, as well, too, with the training
center.
Mr. Mayor Pro Tem: Chief, before we go to anybody else now, I’m just going to come
on out and say that I’m very opposed to the idea of hiring a maintenance person, to get inmates
to cut the grass around the fire station. Now, you said earlier the firemen had always maintained
all of the painting, all of the—a lot of the building that was done was, was skilled people who
worked for the fire department has always been to do it. If your shift had to cut the grass and
you was busy and you answered fire calls or you trained that day and you didn’t get, be able to
do it, the next shift come on, just filled in and cut the grass and did whatever. It always been a
effort, a joint effort. Not only that, but it builds morale, it builds consensus where people learn to
work hand in hand together. I’m really disappointed that we would even ask to have a
maintenance person with inmate crews to go around our city to keep our maintenance on our fire
stations. What kind of signal would that send to John Q. Citizen out there on the street? That we
got firemen who got inmate crews coming by cutting the grass and maintaining the fire station,
that’s with [unintelligible] whatever. I just think—I mean it sounds good but I just think that
that’s a job that a fireman, you know, comes on, that builds his character, that lets him know that
[unintelligible] and that’s a fire call. There are several things. Every fireman works a 24 hour
shift. I say every fireman. Those who are in the fire service, not those inspectors, but the fire
service people work 24 hour shifts. You don’t work the whole 24 hours. In fact, if you go to bed
after 7:00 o’clock and you don’t get a fire call you sleep all night long, unless you get a fire call,
unless you got to respond to something. But there are a lot of stations and they’re different now
because we’re answering EMT calls and other things. I understand that. But I just think that it
would be a slap in the face for us to say that we have our fire department maintained by inmate
crews. We’ve got ditches and overgrown lots. We got abandoned stuff that’s been done. We
need crews, but not at the fire stations. In fact, I don’t want to get into what’s on my mind, Dr.
Hatney, about what firemen been doing for the last couple of weeks with equipment. I can’t
support that. But I’m going to see what these other Commissioners, cause I’m just one person.
But I’m going to see if anybody else got anything. Mr. Cheek has his hand up. Mr. Grantham.
Anybody else before I come back to my right? And Mr. Holland, and then I come up to
[unintelligible].
Mr. Grantham:
Mr. Mayor Pro Tem, I hear what you’re saying and I understand and I
think what we’re looking at is maybe you and myself, as well as several others, that are of age on
this board that go back to the time when I think the Fire Department, the firemen at the station
were pretty much required to perform those services at those stations, such as cutting the grass
and taking care of it. Taking care of the facilities that they are housed in, as well as cooking.
And I remember even as a young [unintelligible] they were always cooking and taking care of
the people there and the people that worked there. But I see their role to be someone different
today from an educational standpoint and the amount of hours that they have to put in for the
EMTs as well as the other types of duties they have to perform there. And for us to say that we
are requiring these same people to go and cut grass and take care of the grass around, I find that a
46
little difficult for me to comprehend. I feel like that they need to have those responsibilities, but
we also need to have qualified, educated and good people, good responsible people on the job as
far as being a fireman is concerned. So I’m going to support the efforts of the Fire Department
and what is being requested by the Chief in order to have one person to be able to get a crew and
be able to go around and keep our fire stations clean. If you’ve not been by Fire Station No. 7 on
Central Avenue, you need to go by there. And that’s a station that’s not in use right now. And
it’s deplorable looking as far as the grounds and the conditions of the building and everything
else. And for us to say that we want to make a headquarters or a museum up there at that
facility, it’s almost embarrassing because we can’t maintain it now in the condition it’s in. So I
feel like we can do something to not only help the present day firemen that are out there by
having this crew, but it would encourage them to perform their duties even better than being out
when they’re cutting grass and then they get a fire call, they’ve got to go jump on a fire truck and
I’m going to
go do the work that they should be doing. So I’m going to support the effort and
make a motion that we do approve this.
Mr. Cheek: Second.
Mr. Mayor Pro Tem: Mr. Holland, then Mr. Cheek.
Mr. Holland: Yes, sir, Mr. Mayor Pro Tem. I’m just somewhat puzzled because as I
travel around the Augusta area I still see the firemen out there doing these menial jobs. And I
don’t think anything is wrong with a qualified educated person cutting grass. I think we have a
lot of them doing that. And I believe that these firemen have time where they would set aside, be
able to cut the grass. And if for some reason the siren goes off or if they have to leave to go to a
fire, I believe that they’ve been prepared in order to try to do these kinds of things. So I’m just
puzzled as to why we need to hire someone to do that. I believe that we have enough people
within the city who is cleaning up different places. We have them cleaning up all during the
Masters so I can’t see any reason why they can’t clean up, clean these other fire stations up on
Central Avenue, like it’s supposed to be cleans. So I would just like to see the firemen take on
this responsibility and do it themselves. I believe it will make better firemen out of them
anyway.
Mr. Mayor Pro Tem: Mr. Cheek.
Mr. Cheek: Thank you, Mr. Mayor Pro Tem. Oh, for the good old days. It would be
th
nice if we could go back to dealing with 1/8 the fire calls and then they’d have plenty of time to
do this other stuff. I think what’s escaping us here is the fact that any time the public walks by
and sees a convict cleaning up somewhere, they say that’s a good thing. And as far as morale is
concerned, I see no absolute logic whatsoever on maintaining the level of educational
requirements, the number of responses they have to go, the EMT training and other stuff on
them, and then giving them a hard time because the dog gone grounds aren’t kept. I think the
goal here is to do two things: provide the ultimate public safety that we can, one, and to keep our
stations looking good. Oh, for the good old days when we didn’t have a training center. Well,
guess what, boys and girls, we’ve got one coming, and it’s not going to be staffed with full-time
fire fighters. It’s going to have a crew of trainers and equipment there and then we’re going to
need somebody to help out with that. What we’re not trying to do is take away the traditional
47
things that make a fire department a fire department. These are the guys that rush in while the
rest of us are rushing out. That ain’t going away. What we’re trying to do is reduce the pressure
on them to maintain the stations like they should be maintained, and quite frankly, to look at the
numbers. They ain’t got the time they used to have. But to allow us a rotating crew that can go
around and do the enhanced grounds keeping to keep Augusta’s fire department looking like they
belong in the garden city. We’re taking one person that is being funded out of Utilities for fire
hydrant maintenance to cover the costs. It’s not coming out of the fire funds. It’s coming out of
the enterprise fund, doing a job that covers the cost and meets that particular need. And having
four more or three more people come on board, that’s a force multiplier. We should be getting
more for less and that’s exactly what we’re doing here. We can talk about the good old days, but
it don’t add up. Let me see. I live over there off of Richmond Hill Road. I want my fire fighters
working and mowing grass and everything and then, hey, they get a call. Well, they drop and
run over here, they half get it cut. They start again when they get back. I want them worn out
when that 11 o’clock call comes in and they haven’t got the grass cut and they’ve been on four
calls and they’re not rested. That doesn’t make any sense to me. I want them focused on fire
fighting, not grass keeping. If that violates tradition then it’s time for some traditions to be
reviewed and changed.
Mr. Mayor Pro Tem: Dr. Hatney.
Mr. Hatney: Question, sir. I noticed in the general summary of the job description that
this person would have to supervise inmates and provide security for work details being sent out.
Will this individual have a side arm or some type of weapon?
Mr. Willis: No, sir. In the past, through Mr. Leverett’s office, sir, trusties, he would
assign those trusties. We have done this in the past, utilizing inmate work activities. We have
had discussion with Mr. Leverett to see if this was a possible working situation at this time.
Mr. Hatney: Well, you’re talking about using trusties, not just regular inmates?
Mr. Willis: That’s right, sir.
Mr. Russell: This level of security does not require an armed guard.
Mr. Willis: May I say something? In addition, our fire fighters in the mornings when
they come in, they keep the trucks clean. They still are responsible for that. And they are still
responsible for each day that we go in, we clean that entire fire station, bathrooms, floors, mop
every floor in that station every day. That is a fire fighter’s responsibility. That keeps morale
up. This right here will help our morale. Our fire fighters, when they get out there in the heat of
the summer and start working on these yards, and there are some of them that are pretty large,
they get fatigued, then they have to turn around and go fight a fire. They get in temperatures in
excess of 1500 degrees, and I can say that because our thermal imaging cameras will shut down
on you at 1500 degrees and we have been in situations like that. Let me tell you, when you go
into a situation like that, well, over 500 degrees, it can fatigue you very quickly. No other
department in our city government has to take care of their facility like we do.
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Mr. Mayor Pro Tem: Ms. Beard?
Ms. Beard: Chief Willis, you mentioned that the volunteers would also take—inspect the
hydrants, fire hydrants?
Mr. Willis: Yes, ma’am.
Ms. Beard: I’m wondering if that’s a good idea, because it looks like the hydrants would
be one of the most important things fire fighters work with and it seems to me that if they go out
and do that, then they know where they are when there’s a fire.
Mr. Willis: We will do that, Ms. Beard. We would continue to do the flows for the ISO.
All we’re asking is some assistance to go out there and take swing blades and clean out around
the hydrants so we can locate them at night. When the grass and all gets up around them it’s
very hard to locate some of these hydrants in all the places. Keeping them painted as well, too.
We do that. That’s how we’re getting our funding back from Augusta Utilities. But that’s how
we—we would maintain the flow test. We have to do that. We assist the Utilities Department in
doing that, in maintaining those flow tests each year that are presented to ISO for our insurance
rating.
Mr. Mayor Pro Tem: Nancy, what motion do we have on the floor?
The Clerk: We have a motion to approve the item.
Mr. Mayor Pro Tem: I’m going to make a substitute motion that we deny this item, that
those firemen—old ways and [unintelligible] where we’re not asking firemen to go out there
mid-day to cut the grass, we’re not asking them to go out there and sling a sling blade. I know
firemen right now, if they had a riding lawnmower, that’s all they need. I mean we ain’t got two
acres of land on the fire station. You got to remember that. We’ve got some pretty large
stations, but ain’t no grass take more than 20 minutes to cut on none of the fire stations unless
y’all done added some that y’all ain’t showed me yet. All the—most of it asphalt. So let’s don’t
talk about how the firemen do and what they do cause you know that I’m very familiar with that.
My motion is that we deny. I don’t know if I get a second to that or not.
Mr. Holland: I second that motion.
Mr. Mayor Pro Tem: Got a motion and second. All those in favor—I want to make sure,
Mr. Brigham, ain’t missed nobody on discussion. No discussion? All right, I’m going to call for
the question. Go ahead and vote on the substitute motion to deny. All those in favor let it be
known by the normal sign of voting.
[Vote on substitute motion]
Mr. Brigham, Mr. Hatney, Mr. Smith, Mr. Bowles, Mr. Grantham and Mr. Cheek vote No.
Motion fails 4-6.
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Mr. Mayor Pro Tem: Well, we will go back to the original motion now. All those in
favor of approving it vote by the usual sign.
[Vote on original motion]
Ms. Beard, Mr. Brown, Mr. Williams and Mr. Holland vote No.
Motion carries 6-4.
Mr. Mayor Pro Tem: Next item.
Mr. Willis: Thank you.
The Clerk:
PUBLIC SAFETY
45. Motion to approve the purchase of radar units for the Georgia State Patrol funded
from the Administrator budget. (No recommendation from Public Safety Committee May
8, 2006)
Mr. Mayor Pro Tem: Mr. Russell, are you going to address this?
Mr. Russell: Yes, sir, Mr. Chairman. We were asked by one of our local state troopers to
provide radar units to the two people that work radar specifically in Richmond County. It was
his opinion and as practiced in other local counties that provided those radar units to the nine
particular troopers in this region or area or whatever [unintelligible] we call it here and he was
seeking some funding from Richmond County to provide two additional units to give them a full
complement of 11. That would be [unintelligible] troopers that work in our specific area. As
was mentioned in conversation they do provide a fairly high number of tickets and the units that
they have are fairly old at this particular point in time. I was asked on one occasion in the past to
come up with a funding recommendation, and that was contingency. It was referred back at that
particular point in time seek another funding source other than contingency. I have done so.
That would be out of my budget, mainly from the travel area, which would be able to cover that
at this particular point in time. The question is asked whether we could do that. It is proper to
do that. I was also asked if other localities had done that. Counties have. It doesn’t seem to be a
practice among other cities at this particular point in time, but it is the practice of local counties
to provide that additional service to the State. So it went through Public Safety without
recommendation and it’s before you now with the funding source.
Mr. Mayor Pro Tem: Ms. Beard, Commissioner Cheek, and I think Mr. Bowles got his
hand up.
Ms. Beard:
I think this is something that would help the city of Augusta, and with the
I’d like to move for approval.
funding that we have,
Mr. Mayor Pro Tem: Motion. Do I hear a second?
Mr. Brown: I second it.
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Mr. Mayor Pro Tem: Second down there. Commissioner Cheek?
Mr. Cheek: Mr. Mayor, Mr. Mayor Pro Tem, I’m just going to make this pretty brief. I
have a real problem with the State that has a multi-billion dollar budget, a pretty good surplus on
an annual basis, and a large law enforcement budget coming to the city that’s an economically
strapped as we are and asking us to buy equipment for their personnel. I think they’re not doing
their job by not supplying their guys in the field with the latest equipment. And I haven’t seen a
shortage of radar. I think last Wednesday before I left to go out of town they were—our guys
and the state troopers were over at Bobby Jones and Gordon Highway and there must have been
20 cars and every one of them had a radar. So I don’t think there is a shortage and I don’t think
it’s our responsibility to pay for state equipment.
Mr. Mayor Pro Tem: Mr. Bowles?
Mr. Bowles: I would just like to add I concur with Mr. Cheek, that I think we’re headed
down a slippery slope when city governments start funding state employees. Granted, it is a very
insignificant request monetarily but I think it is setting a bad example for henceforth and so I will
be voting against this.
Mr. Mayor Pro Tem: Before I go to Dr. Hatney—I will recognize you—let me just say
it’s like cutting your nose off to spite your face. Now, they asking for $2,000 each for two radars
that brings in over $200,000 back into this government. Now, you all talking about getting more
for less, I don’t understand your logic. I don’t understand how one reason we can vote to do
something because we want to get more for less, but if we talking about investing $4,000 in
order to get two units that in the tune of [unintelligible] give back to this community $200,000.
And this is what the revenue brings in for this area. These troopers are assigned to Augusta
Richmond County. They in our cities and our county. They do things that our city forces can’t
do. So I’ve got no problem, I understand six votes goes a long ways. Commissioner Hatney?
Mr. Hatney: Two questions. Did we do this before?
Mr. Russell: Not during my tenure, sir. I’m not aware of that.
Mr. Hatney: Two more questions then. I’m thinking back to when we had to increase
our local minimum speed from 30 to 35 so that we could qualify for radar. My concern is that
we are talking about—it may sound like a little bit of money but they just mandated that we give
[unintelligible] raises that we couldn’t [unintelligible], they didn’t send no money with that. I’m
of the opinion that the state government is in much better shape to finance these operations that
we are, so I can’t support that.
Mr. Mayor Pro Tem: Anybody else on this end? Any other debate, conversation? The
motion—read the motion, Nancy.
The Clerk: The motion was to approve.
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Mr. Mayor Pro Tem: Motion to approve. All those in favor let it be known by the
normal sign of voting.
Mr. Brigham, Mr. Bowles, Mr. Cheek and Mr. Hatney vote No.
Motion carries 6-4.
Mr. Mayor Pro Tem: Next item, Madame Clerk.
The Clerk:
PETITIONS AND COMMUNICATIONS
47. Motion to approve the renewal of the Lease Agreement for the Department of Navy
for the Naval & Marine Corps Reserve Center for the term July l, 2006 through June 30,
2007.
Mr. Brigham: So move.
Ms. Beard: Second.
Mr. Mayor Pro Tem: Mr. Shepard?
Mr. Shepard: I don’t have the lease in my back-up but if you want to vote it through I
think it would be [unintelligible] lease before [unintelligible].
Mr. Mayor Pro Tem: Got a motion and second. Any discussion to my right? None on
my right. Any discussion on my left?
Mr. Hatney: Mr.—
Mr. Mayor Pro Tem: Commissioner Hatney?
Mr. Hatney: Mr. Shepard, I have not seen that so could you [unintelligible] I have not
seen one. Could you just make it available?
Mr. Shepard: Yes, sir, I will.
Mr. Mayor Pro Tem: All those in favor let it be known by the normal sign of voting.
Motion carries 10-0.
Mr. Mayor Pro Tem: Next item, Madame Clerk.
The Clerk:
OTHER BUSINESS
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49. Approve/authorize Facilities Maintenance to expend donated funds for the James
Brown Statue Base. (Requested by Mayor Pro Tem Marion Williams)
Mr. Mayor Pro Tem: I’ve got
I asked this to be put on the agenda for Rick Acree.
some funds that been donated to them to get started and he needs the authorization to go
ahead and to spend those funds that he’s been donated, that’s been donated to—for the
base of that statue to be raised. I’m going to make that in the form of a motion.
Mr. Grantham: Second.
Mr. Mayor Pro Tem: Motion and second. Any discussion to my right? Mr. Brown?
Mr. Brown: I just wanted to know about time line for the work that’s going to be done.
We all know about the James Brown Music Festival that’s going to be in town Memorial Day
weekend. Is this something that’s going to interrupt that?
Mr. Mayor Pro Tem: No. I’ll let Mr. Acree answer that, but from my conversation with
him that this was not—this is just getting some preliminaries done, some things to get ready, to
keep from interrupting that. We won’t be able to [unintelligible] because of the time frame but
the longer we wait the longer it’s going to take so that’s why he’s come before us now.
Mr. Acree: We will not begin work until after Mr. Brown’s musical festival.
Mr. Mayor Pro Tem: Motion and second. All those in favor?
Motion carries 10-0.
Mr. Mayor Pro Tem: Next item, Madame Clerk?
The Clerk:
OTHER BUSINESS
50. Discuss the zoning matter affecting property located on Lumpkin Rd and Highway
56 relative to the establishment of a Group Home. (Requested by Mayor Pro Tem Marion
Williams)
Mr. Mayor Pro Tem: I had this put on because I had several calls from businesses and
residents that live in this area, part of District 2, where the State is coming in. It came before this
body and we let them withdraw I think, Mr. Shepard, without prejudice.
Mr. Shepard: Correct.
Mr. Mayor Pro Tem: So it can come back. Instead of coming back, I’ve been instructed
that the State has already started to furnish this place and the existing businesses and neighbors
are up in the air about it. And when I made a call to the attorney I think the last thing we said,
Steve, or maybe George Patty—I’m sorry, it might have been with George I talked to. Is George
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Patty still here? I’m sorry. It was in conversation. Now, can the State, because it’s the State, do
that? I know the State got different departments. We sit up here and act like one department run
everything. We got several State departments that send out orders and everything else, George,
but can you tell us anything about this facility?
Mr. Patty: Well, the only thing I can tell you, correct, you did—actually, it was about to
st
be turned down and they withdrew it on November 1 of last year. And we didn’t hear any more
about it until Steve and I had a conference call with an attorney representing some branch of
State government approximately a month ago saying that they had a number of cases that
indicated the State doesn’t have to own the property to be exempt from our zoning laws, they
could simply lease it. and that conversation ended without any bit of discussion of what they
would do or wouldn’t do. And the next I knew was the conversation that you and I had that they
were out there setting up. That’s my involvement in it.
Mr. Mayor Pro Tem: Mr. Attorney?
Mr. Shepard: Mr. Mayor Pro Tem, members of the Commission, the State takes the
position supported by the case law that if they own it they can pretty much ignore our zoning. I
don’t think the case law supports a leased facility, but the Attorney General does. And I just
before the meeting got a faxed letter from the local attorney who came to visit with Mr. Patty and
I and he wants to have the Attorney general send some additional information to us. At this
point I would not recommend a change in policy because of the Attorney general’s opinion is not
supported [unintelligible] case law now.
Mr. Mayor Pro Tem: I think what I’d like to see is Mr. Patty or someone from your staff
go out and bring us back a report as to what is going on or what, what’s expected to come or
what is coming or what has already come out there with this property. There are businesses
around and neighbors around that are upset. I been getting calls right and left about it. There has
been no zoning sign. These people just saw them moving in and setting up. And these are
mental criminals, I believe, that’s what it was, George?
Mr. Patty: Their explanation was these are people that have in all likelihood committed
crimes but they’re not competent to stand trial. So their idea is to put them out into the
community.
Mr. Mayor Pro Tem: And there’s a library there less than two or three blocks away, a
school there. Now the School Board’s coming, they need to come, they don’t need to wait until
they get in here now. If there are concerned groups that need to come, they need to come now
and be able to address this issue before it gets to another stage, George. But if you get that back
to the Administrator’s office or whatever [unintelligible] we appreciate it. Next item, Madame
Clerk. I don’t think we need to vote, do we? Do we have to vote on that? I don’t think we need
to vote, just some direction on item 50.
The Clerk:
OTHER BUSINESS
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51. Consider rescheduling the July 4, 2006 Commission meeting to June 28, 2006,
cancelling the June 26 committee meetings and forwarding items directly to the
Commission meeting. (Requested by Commissioner Grantham)
Mr. Mayor Pro Tem: Mr. Grantham?
Mr. Grantham: Mr. Mayor Pro Tem, thank you. This is one I was referring to
thth
earlier and I’d like to change that date to June 30, on a Thursday, instead of June 28, on
a Tuesday.
Mr. Hatney: Second.
Mr. Mayor Pro Tem: Motion, properly seconded. Any other discussion? Hearing none,
all in favor let it be known by the normal sign of voting.
Mr. Brown out.
Motion carries 9-0.
Mr. Mayor Pro Tem: Mr. Shepard?
Mr. Shepard: Yes, sir. The last item, or next-to-the-last item, Mr. Mayor Pro Tem, I’d
ask that the Commission convene in executive session to consider pending and potential
litigation, real estate acquisition, and personnel matters.
ADDENDUM
52. Legal Meeting
A. Pending and Potential Litigation
B. Real Estate
C. Personnel
Mr. Mayor Pro Tem: Can I get a motion to go into legal?
Mr. Brigham: Motion to approve.
Mr. Cheek: Second.
Mr. Mayor Pro Tem: All those in favor let it be known by the normal sign of voting.
Motion carries 10-0.
[LEGAL MEETING]
ADDENDUM
53. Motion to approve authorization for the Mayor to execute affidavit of compliance with
Georgia's Open Meeting Act.
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Mr. Hatney: So move.
Mr. Brown: Second.
Mr. Mayor Pro Tem: Motion and second to sign the affidavit for legal meeting. All in
favor, let it be known by the normal sign of voting.
Mr. Shepard: For purposes as before, we can delete from that personnel.
Mr. Mayor Pro Tem: Two items.
Mr. Shepard: We only discussed pending and potential litigation and acquisition of real
estate.
Ms. Beard and Mr. Holland out.
Motion carries 8-0.
Mr. Mayor Pro Tem: Mr. Shepard?
Mr. Shepard: Mr. Mayor Pro Tem, members of the Commission, I would ask for
authority to not appeal the order of Judge Fleming in the matter of Roger Graham and
Nixon and Forum Development Company against Augusta in consideration for the
compliance with—by the plaintiffs—of the conditions which were imposed in a letter—
conditions on the property which were imposed in a letter which Mr. Patty proposed dated
January 6, 2006, which I’ll be filing with the Clerk at this time.
ADDENDUM
54. Consideration of the appeal of the Order in the case of Roger Graham, Cobbs
Gwinn Nixon and Forum Development Group v. City of Augusta, et al.
Mr. Shepard: Those conditions are—I can read them out of the letter or [unintelligible].
Mr. Mayor Pro Tem: I just think we need a motion to that effect.
Mr. Grantham: So move., 2006.
Mr. Hatney: Second.
Mr. Mayor Pro Tem: Motion and second. All those in favor let it be known by the
normal sign of voting.
Mr. Brigham votes No.
Ms. Beard out.
Motion carries 8-1.
Mr. Mayor Pro Tem: Mr. Shepard?
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Mr. Shepard: Also, Mr. Mayor Pro Tem, this is an add and approve item. In order
to have an alternative, to settle the Boral Bricks condemnation case that I be given the
authority to enter a stay agreement, which would be approved by the Court, which would
stay the case as to the condemnees, Boral Bricks and ML South Augusta, until the
completion of construction of the interceptor sewer which will border the haul road and
cross the haul road in tow places.
That will allow for the—the incentive not to interfere with
the haul road and it also will probably prevent any further litigation in the matter.
ADDENDUM
55. Motion to enter into a stay agreement in the condemnation case of Boral Bricks and
ML South Augusta.
Mr. Hatney: So ordered.
Mr. Bowles: Second.
Mr. Mayor Pro Tem: Motion, properly seconded. All those in favor, let it be known by
the normal sign of voting.
Ms. Beard out.
Motion carries 9-0.
Mr. Mayor Pro Tem: Is that it?
Mr. Shepard: No, I’ve got one more, Mr. Mayor Pro Tem.
Mr. Mayor Pro Tem: All right.
Mr. Shepard: We have [unintelligible] real estate contract that has been entered by
Augusta for the acquisition of greenspace in the Spirit Creek area, I ask that you add and
approve authority for us to extend the closing of that contract and all the other procedures
necessary to that land for 30 days.
ADDENDUM
56. Motion to approve extending the closing date for the acquisition of property in the
area of Spirit Creek for a thirty day period.
Mr. Cheek: So move.
Mr. Hatney: Second.
Mr. Mayor Pro Tem: Motion, properly seconded. All those in favor let it be known by
the normal sign of voting.
Ms. Beard out.
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Motion carries 9-0.
Mr. Shepard: I’d ask also for authority to add and approve a direction to my office,
County Attorney, to move ahead with the service delivery procedures with respect to the
provision of water and sewer service in the Rhodes Estates property, which is in
Hephzibah, and that authority would include following all the procedures in that act,
including demand, mediation, up through and including litigation.
ADDENDUM
57. Motion to direct the Attorney's Office to proceed with the service delivery
procedures for water and sewer service to the Rhodes Estates property in Hephzibah.
Mr. Cheek: So move.
Mr. Brown: Second.
Mr. Shepard: That would include all those authorizations.
Mr. Mayor Pro Tem: Motion and second. All those in favor let it be known by the
normal sign of voting.
Ms. Beard out.
Motion carries 9-0.
Mr. Mayor Pro Tem: Motion to adjourn?
Mr. Shepard: I have nothing further to report from legal.
Mr. Mayor Pro Tem: Adjourned without objection.
[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 Augusta Richmond County Commission held on May
16, 2006.
____________________________________
Clerk of Commission
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