Loading...
HomeMy WebLinkAboutCOMMISSION MEETING November 8, 2007 REGULAR MEETING COMMISSION CHAMBER NOVEMBER 8, 2007 Augusta Richmond County Commission convened at 2:00 p.m., November 8, 2007, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Harper, Grantham, Beard, Williams, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hons. Hatney and Cheek, members of Augusta Richmond County Commission. The invocation was give by the Reverend Richard Sanders, Pastor, St. Paul’s Episcopal Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Thank you and we’ve got something for you. Don’t run away. By these present be it known that Rev. Richard Sanders, Pastor of St. Paul’s Episcopal Church is Chaplain of the Day for his civic and spiritual guidance demonstrated throughout the community serves as th an example for all of the faith community. Given under my hand this 8 day of November 2007. (APPLAUSE) Madame Clerk, on to the presentations. The Clerk: PRESENTATIONS A. Acknowledge the Certification of Appreciation to the Augusta Commission from the City of Wrens regarding Augusta’s assistance with their K-9 vehicle request. The Clerk: The letter states. I would like to take this opportunity to thank you for your assistance with the K-9 vehicle request. I am grateful to all of you for your approval and first and foremost your consideration in this matter. It is due to relationships like this that makes it a pleasure to work hand in hand with Richmond County through the East Central Traffic Enforcement Network. Again thank you and if we can be of any assistance please do not hesitate to call. The City of Wrens. The Clerk: PRESENTATIONS B. Presentation from the Augusta Southern National Drag Boat Race. Mr. Sherrouse: Thank you, Mr. Mayor and Commissioners. About twenty-three years ago we got a group of people together and looking back on it I think we were crazy at the time but we decided we wanted to have a drag boat race down on the river. And this past July we nd held the 22 consecutive Augusta Southern Drag Boat Race, National Drag Boat Race and earlier, from the very first year what we decided we would do is we would use this event not only to promote Augusta and give people something to do in the community and attract tourists 1 to Augusta but we also support one of our local non-profits. We have supported the Georgia Chapter of the Special Olympics Area Nine, which represents this area and I’m proud to say that we had a very successful race this year and we thought it would be special to (inaudible) to them. I’d like to point out we have about 500 people that give their time, vacation time, no pay it’s all volunteer to put this race on. I’m really proud to say that we’ve got some fairly distinguished alumni of our volunteer corp. Most recently our newly elected Joe Jackson over here has volunteered with us in prior years and Chief Bubba Willis is over here. Before he was Chief he used to come down and help us and it takes people like that that are willing to give something back to their community and we thought it was significant that we ask representatives of the Special Olympics to come today. We have (inaudible) to my left and also David Samms over here. We couldn’t do it without corporate sponsors. David is with EZ-Go and came on board as one of our corporate sponsors this year and we’ve got Lynn Russell over here that volunteered from the Planning Commission so at this time, let’s turn this big check around. Mr. Mayor: That is a big check. Thank you. Mr. Sherrouse: This is a check from the proceeds from the race this year to the Special Olympics for $8,000. (APPLAUSE). Mr. Mayor: Thank you, Dayton, and I just wanted to say what a great event this is. It brings in people from all over the Southeast, really all around the country and once again, 500 volunteers donating their time to put this on and to have local sponsors like EZ-Go and then plus, to see this event benefit local non-profits it’s just a great thing. And thanks to everybody for your hard work and your commitment to this. (APPLAUSE). I think you cash the one in the envelope or deposit it. Not that one. But thank you all so much. The Clerk: RECOGNITIONS Augusta Fire Department C. Augusta Firefighter Darrell Thompson received from the Department of the United States Air Force, the Air Force Commendation Medal (First Oak Leaf Cluster) after serving a five-month tour of active duty in Baghdad, Iraq. Chief Willis: Yes, we would like to show our appreciation for all of our Armed Forces and we have a special person here that works for the Fire Department. Darrell Thompson, he is a firefighter with us and has been for several years. Darrell had the call up to go over to Iraq and he spent 5 months over there on active duty. Now he’s back and safe and we’re so very appreciative of that. Now I ask that you keep all of our Armed Forces people in your prayers on a daily basis. Because of their services to our nation we are able to sit here today and have these meetings and be free to do the things that we do in our country. And I’m certainly proud of him for being out there to serve our country and also serving our local community as a firefighter. Thank you, Darrell. (APPLAUSE). 2 Mr. Mayor: And it is my understanding that Darrell has already received this but I did want to read out to the audience the commendations that he’s received. Department of the Air Force. This is to certify that the Air Force Commendation Medal First Oak Leaf Cluster has been awarded to Technical Sergeant Darrell Thompson for outstanding achievement 14 May 2007 to 14 September 2007. Accomplishments. Technical Sergeant Darrell Thompson th distinguished himself by outstanding achievement as Heavy Equipment Craftsman 447 thnd Expeditionary Civil Engineer Squadron, 447 Air Expeditionary Group, 332 Air Expeditionary Wing Saddler Air Force Base, Baghdad International Airport, Iraq. During this period while in support of Operation Iraqi Freedom and subject to numerous enemy rocket attacks Sgt. Thompson’s flawless leadership was instrumental in helping forge a 13-person heavy equipment shop from seven different locations and to unify the team. He supervised sweeper operations rd supporting flight line combat operations for 120 helicopters from 3 Combat Aviation Brigade providing continuous close air support to soldiers in the Baghdad area. Sgt. Thompson was instrumental in installing 1700 concrete barriers around the base and directly contributed to a force protection certification as the most secure installation in Iraq. Furthermore his initiative to rd control the Phase 2 trailer work area ensured containment of 3 country national contractors and minimized critical escort requirements. His team also began recurring runway repair program repairing over 40 concrete sprawls that kept the aerial port open for over 120,000 passengers. Additionally his building of five new fuel breams increased the fuel storage by 420,000 gallons establishing a critical reserve supply to overcome delivery shortages. Finally Sgt. Thompson constructed a 1.5 mile road that connected remote base locations and provided all weather access for explosive ordinance and security forces personnel executing outside the wire missions. The distinctive accomplishments of Sgt. Thompson reflect credit upon himself and the United States th Air Force. Give under my hand 19 September 2007 Gary L. North, LT General USAF. Congratulations and what an accomplishment. (APPLAUSE) Mr. Thompson: I’d just like to say giving thanks to God who made it possible for me to make the journey over there and back. Every day there was situations that we here in America do not know about but it’s real. Freedom, they’re saying freedom is not free, that’s true. I met a lot of people from all over the world, all over the United States and everyone came together to get the mission accomplished and I think if we continue we can get the mission accomplished in Iraq. And I just want to say the great support to my superior officers I have at the Fire Department. To the City of Augusta the Mayor, we have my family for the great support who thought of me everyday and was pretty much you know worried but always calling to make sure that I was okay. But I’m glad to be back home and glad to be back at work and continue to serve this great City of Augusta. Thank you. (APPLAUSE) The Clerk: RECOGNITIONS MACH Academy, Inc. D. Elysia Ortiz and Machl Provost national winners of the Arthur Ashe Contest and attended the 2007 Arthur Ashe Kids’ Day at the U.S. Open tennis tournament. (Requested by Commissioner Calvin Holland) 3 Mr. Mayor: Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. Mr. Mayor, commissioners and ladies and gentlemen, I just wanted to take this opportunity along with the rest of the commissioners to commend these two young people for doing an outstanding job. They are students, they’re athletes and they represent the City of Augusta in the State of Georgia. They were chosen out of over hundreds and hundreds of young people who had to write an essay on the humanitarian of Arthur Ashe. And out of hundreds and hundreds of persons that wrote those essays we have two of the representatives here. It’s so good to see these young people standing before us today because when we look on the television we see so many negative reports that come out with young men and young women. So it’s just outstanding to have them to come before us today to receive this award for doing an outstanding job of writing this essay. Out of all of the hundreds and hundreds of young men and ladies around the United States they were chosen from Augusta Georgia to represent MACH Academy and to represent the youth of this city. We just want to congratulate them and commend the parents for doing an outstanding job with them. Thank you. (APPLAUSE) Mr. Mayor: Okay with that I will present y’all with the, okay and I will present y’all with these. I want to share with y’all something. Arthur Ashe is a personal hero of mine. He actually came and played at what was then the Augusta Civic Center when I was a kid and I got to ball boy for him so I got to meet him when I was a kid. The City of Augusta Certificate of Recognition presented to Elysia Ortiz, MACH Academy winner of the Arthur Ashe essay contest Southern section for your creative writing skills that earned the title of Southern Section winner of the Arthur Ashe Essay Contest and attending the 2007 Arthur Ashe Kids’ Day during the U.S. Open tennis tournament in August. On behalf of the City of Augusta we wish you continued th success in all of your future endeavors. Given under my hand this 8 day of November 2007. (APPLAUSE). Mr. Holland: And also the City of Augusta Certificate of Recognition is presented to Machl Provost MACH Academy winner of the Arthur Ashe essay contest National winner for your creative writing skills that earned the title of National Winner of the Arthur Ashe Essay Contest and attended the 2007 Arthur Ashe Kids’ Day during the U.S. Open tennis tournament in August. On behalf of the City of Augusta we wish you continued success in all of your future th endeavors. Given under my hand this 8 day of November 2007, your Mayor Deke Copenhaver. (APPLAUSE) Mr. Mayor: I just want to say thank you all again. Are we not seeing the best and the brightest in Augusta today? Mr. Speaker: I’d just like to say to the city council that we need the continued support with MACH Academy. They are a difference maker for the community. Mr. Mayor: Madame Clerk, before we get into the regular agenda I wanted, we’ve had some loses as a community lately and there are a few people I wanted to recognize with a moment of silence. Mr. Byron Hatney, Commissioner Reverend Hatney’s son passed last 4 Sunday. Mary “Meg” G. Burkinshaw, Interim Chief Appraiser in the Tax Assessors office th passed on the 27 of October and Robert Oliver, Interim Assistant Director of the Engineering Department passed yesterday. So I lease ask that we recognize all of these that we’ve lost in a moment of silence. Thank you and I’d ask for your continued prayers for these families. With that, Madam Clerk, we’ll move to the consent agenda. Commissioner Grantham, did you? Mr. Grantham: Thank you, Mr. Mayor. Prior to going to the consent agenda would you mind a point of privilege in recommending we put the subject matter of the Judicial Center as an addendum to our agenda, please? Mr. Mayor: Do we have unanimous consent on that? Commissioner Williams. Mr. Williams: Yes, sir, I’ve got no problem. You want to add it to the regular agenda so we can discuss that? Mr. Grantham: Yeah, to the regular agenda. Mr. Williams: Right, okay. I’ve got no problem with that. Mr. Mayor: Okay, we’ve got that added now on the consent agenda. The Clerk: Our consent agenda consists of items 1-26, items 1-26. Mr. Grantham Chairman of Public Services offer for our consent agenda items 28, 29 and 30. He asked that item 31 be referred back to committee, 32 for consent and 33. Is that correct? Mr. Grantham: That’s correct. The Clerk: Mr. Holland, Chairman of Administrative Services offers --- Mr. Mayor: Commissioner Grantham. Mr. Grantham: Yes, thank you. Madame Clerk, 31 will not be deferred back to committee but be deferred to regular for discussion. Mr. Mayor: Okay and Commissioner Holland’s’? The Clerk: Item 31 we’ll make a correction on that. It’ll stay on the regular agenda for discussion today and Commissioner Holland said that there’s none that we wanted to. --- discussed under the regular agenda. Mr. Mayor: Okay, do we have? Commissioner Beard. Ms. Beard: Mr. Mayor, could we add number 44? Mr. Mayor: Okay, do we have any further additions to? Commissioner Williams. 5 Mr. Williams: Mr. Mayor, I don’t want to add anything I wanted to share with Commissioner Grantham item 30 and 29 and there’s another item that I don’t see it. I guess it’s not on this committee. 29 is not the one, just give me a minute, Mr. Mayor, let me look this over one more time. The Clerk: Mr. Mayor? Mr. Mayor: Go ahead. The Clerk: Mr. Jerry Brigham, Vice-Chair of Public Safety offers items 37, 38 and 39 to the consent agenda. Mr. Mayor: Okay. Commissioner Williams, did you find what you were looking for? Mr. Williams: No, I don’t see it, Mr. Mayor, but item 38 I would like to have some discussion on item 38. I’m not opposed to that but there’s something I need to, a couple of questions I need to get answers to if I can on item 38. Item 29, it’s not I’m looking for the one was on Gordon Highway. It was deleted? Mr. Grantham: Yes --- Mr. Williams: Is that coming back? Mr. Grantham: It’ll come back again. Mr. Mayor: Okay. Ms. Beard. Ms. Beard: Item 35. Mr. Williams: I’ve got an objection to item 35. Mr. Mayor: Okay. Mr. Williams: I need to talk about that a little bit before we --- Mr. Mayor: Okay, do we have any further additions to the consent agenda. Commissioner Brigham. Mr. Brigham: I’d like to add item number 41 to the consent. Mr. Williams: I need some discussion on item 41 as well. I’m in support but I just got a couple of questions I’d like some answers to. Mr. Mayor: Okay. 6 Mr. Brigham: Mr. Mayor, can we take item 42 and defer it when Mr. Cheek is in the meeting. Mr. Mayor: Is everybody good with that? Mr. Grantham: To do what? Mr. Mayor: Number 42 since Andy’s not here. Mr. Grantham: Yeah, I think, Mr. Mayor, number 42 ought to go to back to committee because we don’t know what (INAUDIBLE). Mr. Mayor: Okay. Is everybody good with that? Are there any further additions to? Okay, are there any items to be pulled for discussion? Mr. Williams: Can I get that list, Mr. Mayor, of what we’re adding to again? We’ve been all over the place with this. I just want to make sure that I’m --- Mr. Mayor: I agree. We’ve been jumping around. Madame Clerk. The Clerk: Items 1-26 initially. We added items 28, 29, 30, 37 you asked for 39. 42 was referred back to committee and 44. Mr. Grantham: I did not see 32? The Clerk: 32 right and 33. Mr. Mayor: 32 and 33. The Clerk: 38 Mr. Williams needed some answers on. Mr. Grantham: Thirty-eight. Mr. Mayor: Okay so that’s 28, 29, 30 37, 39, 42, 44, 32 and 33? Mr. Brigham: 37 and 39. The Clerk: For clarification. Mr. Mayor: Just for clarification. The Clerk: Items 1-26 with the addition of items 28, 29, 30, 32, 33, 37, 39, 42 referred back to committee and 44. Mr. Mayor: Okay. 7 Mr. Williams: On item 39 --- Mr. Mayor: Commissioner Williams. Mr. Williams: --- I just need some clarity on that too. I don’t have any problem I just need to understand the RFP’s. The Clerk: (INAUDIBLE) Mr. Mayor: No I’m not. Mr. Williams: I want to leave 39 where it is. Mr. Mayor: Okay, I think we’ve got all the additions to. Are there any items to be pulled for discussion? Mr. Williams: Mr. Mayor, I’d like to pull item 4 and 5 I think ought to be together. I need some clarity before we finalized some stuff on 4 and 5 for Administrative Services Mr. Mayor. Mr. Mayor: Are there any further items to be pulled for discussion? Hearing none I would look for a motion to approve the consent agenda. Mr. Grantham: So moved. Ms. Beard: Second. CONSENT AGENDA PLANNING 1. ZA-R-182 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County which would amend Sections 7, 24 and 26 to allow mining and related activities in HI (Heavy Industry) Zones by right and in any zone by Special Exception if certain objective criteria are met. (Approved by Commission October 16, 2007 – second reading) 2. FINAL PLAT – AUBERN AT BARTON CHAPEL – S-765 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by H. Lawson Graham & Associates, on behalf of Arthur Marshall, requesting final plat approval for Aubern at Barton Chapel. This residential subdivision is located at Old Barton Chapel and Barton Chapel Road and contains 23 lots. 3. FINAL PLAT – ELDERBERRY, SECTION 3-S-764 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by James G. Swift & Associates, on behalf of Jerry Greenway, requesting final plat approval for Elderberry, Section 3. This residential subdivision is located off Harper Franklin Drive adjacent to Elderberry Sections 1 and 2 and contains 135 lots. 8 ADMINISTRATIVE SERVICES 6. Motion to approve the transfer for (4) City surplus properties located in the Dover- Lyman area to Land Bank Authority in support of the Dover-Lyman Project Redevelopment Plan. (Approved by Administrative Services Committee October 29, 2007) FINANCE 7. Motion to approve a request from the CSRA Coalition of Advocates for the Aging regarding city sponsorship through the purchase of tickets for their 2007 Legislative Breakfast. (Approved by Finance Committee October 29, 2007) 8. Motion to approve a request from the CSRA Regional Development Center for city th sponsorship through the purchase of tickets for the 46 Annual Conference. (Approved by Finance Committee October 29, 2007) 9. Motion to approve refund recommendations from the Board of Assessors for four (4) accounts. (Approved by Finance Committee October 29, 2007) 10. Motion to approve the reallocation of $175,000 from the Personnel Services & Employee Benefits accounts of Augusta Public Transit. (Approved by Finance Committee October 29, 2007) 11. Motion to approve revised SPLOST V and future SPLOST Contractor Agreement for Outside Agencies. (Approved by Finance Committee October 29, 2007) 12. Motion to approve the award of the contract to replace the roof on the ARC Lumpkin Road Tag Office and Board of Elections Warehouse to the low bidder, I & E Specialties, with a base bid of $48,235.00 to be funded from Capital Outlay. (Approved by Finance Committee October 29, 2007) 13. Motion to approve a proposal for the creation of a tax allocation district in the City of Augusta. (Approved by Finance Committee October 29, 2007) 14. Motion to approve request from the Board of Assessors for outside contract services for Discovery of Business Personal Property Accounts. (Approved by Finance Committee October 29, 2007) ENGINEERING SERVICES 15. Motion to approve Change Order #1 to Blair Construction Company Inc. to make final quantity adjustments (deductions and overruns) in accordance with the terms of the unit price contract as well as add two new unit price items to the contract. (Approved by Engineering Services Committee October 29, 2007) 16. Motion to authorize condemnation of a portion of Property #013-3-009-00-0 and 013-3- 016-00-0 1088 Alexander Drive, which is owned by Charles and Rose Robertson for 2,492 sq. Feet of Permanent Easement. PW Project: Alexander Drive Project. (Approved by Engineering Services Committee October 29, 2007) 17. Motion to authorize condemnation of a portion of Property #059-0-013-03-0 New Savannah Road, which is owned by M.B.R. Holdings, L.L.C. for 861 Sq. Feet for a permanent easement. AUD Project: 60115. (Approved by Engineering Services Committee October 29, 2007) 18. Motion to authorize condemnation of a portion of Property #059-0-013-01-0 516 Skyview Drive, which is owned by M.B.R. Holdings, L.L.C. for 228 Sq. Feet for a permanent easement. AUD Project: 60115. (Approved by Engineering Services Committee October 29, 2007) 9 19. Motion to authorize condemnation of a portion of property #139-0-441-00-0 3848 New Karleen Road, which is owned by Michael Jones, for 300 sq. feet of temporary easement. AUD project: 50202 Horsepen Sanitary Sewer, Phase 2. (Approved by Engineering Services Committee October 29, 2007) 20. Motion to authorize condemnation of a portion of property #128-0-085-00-0 3633 New Karleen Road, which is owned by Wanda Ellison for 1,275 sq. feet for a permanent easement and 854 sq. feet of temporary easement. AUD project: 50202 Horsepen Sanitary Sewer, Phase 2. (Approved by Engineering Services Committee October 29, 2007) 21. Motion to approve a proposal for a Professional Services Agreement with Rothberg, Tamburini & Winsor, Inc. (RTW) to identify and evaluate alternative approaches for addressing potential changes to permits for the discharge of treated wastewater from Augusta’s water pollution control plants. (Approved by Engineering Services Committee October 29, 2007) 22. Motion to authorize award and execution of an engineering contract with Cranston, Robertson and Whitehurst P.C. in the amount of $124,170 for professional services in association with engineering for implementing the recommendations associated with the Augusta Canal Bank Study. (Approved by Engineering Services Committee October 29, 2007) 23. Motion to approve allowing the Board of Education and MCG to work out a contract for the use of the Laney Stadium Facilities and Parking Lot; and License Agreement regarding use and care of the Laney Stadium Parking Lot by MCG. (Approved by Engineering Services Committee October 29, 2007) 24. Motion to approve the award of the contract to replace the roof on the ARC Lumpkin Road Tag Office and Board of Elections Warehouse to the low bidder, I & E Specialties, with a base bid of $48,235.00 to be funded from Capital Outlay. (Approved by Engineering Services Committee October 29, 2007) 25. Motion to approve contract with I & E Specialist, Inc. in the amount of $36,700 to replace the storage warehouse roof located at 2316 Tobacco Road. (Approved by Engineering Services Committee October 29, 2007) PETITIONS AND COMMUNICATIONS 26. Motion to approve the minutes of the regular meeting of the Commission held on October 16, 2007. REGULAR AGENDA PUBLIC SERVICES 28. Discussion: A request by Michael Anglin for an extension of time to purchase the Alcohol License to be used in connection with Tipsey McStumbles located at 214 Seventh St. District 1. Super District 9. 29. New Ownership Application: A.N. 07-49: A request by Shadra Sampson for an on premise consumption Liquor, Beer & Wine license to be used in connection with Club Kalia located at 2864 Deans Bridge Rd. There will be Dance. District 2. Super District 9. 30. New Ownership Application: A.N. 07-50: A request by Kye H. Kim for a retail package Beer & Wine license to be used in connection with K.H. Kim Enterprises, Inc. DBA Thriftee Super Market located at 232 Sandbar Ferry Rd. District 1. Super District 9. 10 32. Motion to approve proposal from Cosby, Everett & Wright for Environmental Engineering and Underground Storage Tank abatement services associated with recently acquired property for the New Main Library. 33. Motion to approve the reallocation of $175,000 from the Personnel Services & Employee Benefits accounts of Augusta Public Transit. PUBLIC SAFETY 37. Approve the purchase of two (2) Emergency Response Units for the Richmond County Sheriff’s Office for $41,058.82 ($20,529.41 each) lowest bid on bid 07-163. OTHER BUSINESS 42. Discuss the Feasibility Study for Building and Operating a Professional Level Drag Strip. (Requested by Commissioner Any Cheek) ADDENDUM 44. Motion to go into a Legal Meeting. Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Hatney and Mr. Cheek out. Motion carries 8-0. [Items 1-3, 6-26, 28-30, 32-33, 37, 42, 44] The Clerk: It’s unanimous with those commissioners in attendance of today’s meeting. Mr. Mayor: Okay, Madam Clerk, let’s take the pulled items first. The Clerk: Mr. Williams, can we take items 4 and 5 together or would you like those separate? Mr. Williams: No, ma’am, four and five together would be great. The Clerk: ADMINISTRATIVE SERVICES 4. Motion to approve Final Version of Year 2008 Annual Action Plan for community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnership and Housing for Persons with AIDS (HOPWA) funds. (Approved by Administrative Services Committee October 29, 2007) 5. Motion to approve Resolution authorizing Submission Year 2008 Annual Action Plan for community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnerships and Housing Opportunities for Persons with AIDS Funds. (Approved by Administrative Services Committee October 29, 2007) Mr. Mayor: Commissioner Williams. 11 Mr. Williams: Thank you, Mr. Mayor. Item 4 and 5 the CDBG the ESG, HOME funds all this is consolidated together here and we done approved from my understanding already an action plan that has already been changed and the plan had not been in effect yet. I want to know what are we approving now. This is the action plan for ’08 I know the year but we on the last committee meeting when we discussed the changing or the redirection of the, the implementation of area was changed and we had approved the plans. We got to wait and we’re supposed to be getting a report back. I guess Mr. Wheeler can tell us exactly what are we doing. When I see item 4 and 5 with a CDBG, ESG, HOME funds on both of these I’m really confused and I think most of us up here are. But I’d like to hear some clarity on what we are approving and what this and exactly what is this doing? Mr. Mayor: Okay. Mr. Wheeler. Mr. Wheeler: Mr. Mayor and commissioners, you have two line items 4 and 5. To be quite honest they should’ve been combined. What you did in four was just to approve all of the recommended funding for all of the organizations. Number 5 approves the submission of number 4. That’s what they’re basically doing. It approves us to forward it to HUD so they can forward us our grant agreement for 2008. Mr. Williams: And that’s pretty simple, Mr. Wheeler, but when we do, when these agenda items come to this body the way it is to me just to be on it I get confused because we done voted on the action plan before. If we paid all of the agencies that we are helping in what we’re doing but it’s really confusing when all of this is put together like this and expect for us to vote on it and not know. And what brought this to my attention was at our last committee meeting when we had to go by the plan that we said we had already been approved. We approve stuff all the time and nobody wants to talk about it but we evidentially don’t understand what we’re approving. Now you made it a little bit simpler. Can you tell me why it was not combined? You said it would’ve been easier to put them together. Why was it not put together? Mr. Wheeler: The originator in my office just separated the two when they should’ve been combined. They should have been a request to authorize A) the approval of the budget, and number two the submission of that budget. They just put them in separate items and they should not have been. Mr. Williams: And this is only going to affect that for 2008. This is not anything to be reprogrammed, it’s not coming back from anything else just for ’08. Mr. Wheeler: That’s correct. Mr. Mayor: Okay, Commissioner Beard. Ms. Beard: I’d just like to mention that Mr. Wheeler received a letter from the Regional Office thanking him for getting everything in on a timely manner and doing an excellent job. I really think it would be nice if you could share that with all of us. 12 Mr. Wheeler: Commissioner Beard and other members of the commission, what we received approximately a week ago was a letter from the Regional Director Bob Young which acknowledged that we are now in compliance with our requirements to have funds expended in a timely manner. The letter said we had not been in compliance since 2004 and we’re now fully in compliance with all federal guidelines. Mr. Mayor: Amen, amen and amen! (APPLAUSE) Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor and commissioners. I just want to take this opportunity to commend Mr. Wheeler and his staff for doing and outstanding job. We knew when he came in here we were in somewhat of a hornets nest. So they worked very, very hard to make this compliance to become a reality. So we know now that we have some more work that we need to do and we’re looking forward to them completing other assignments that we have with the HUD Department. Therefore at this particular time, Mr. Mayor, we don’t have to get on one of those crop planes and fly back to Washington. We just want to commend you. Congratulations for a job well done. Mr. Mayor: Can I get a motion to approve with that? Mr. Smith: So moved. Mr. Holland: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Motion carries 8-0. Mr. Mayor: I will never forget your face on that crop plane. Madam Clerk, on to the regular agenda. The Clerk: PLANNING 27. Z-07-82 – A request for concurrence with the Augusta-Richmond County Planning Commission to deny a petition by Eric Morrell Dixon, on behalf of Michael C. Shelton, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing .49 acres and is known under the present numbering system as 2053 Broad Street. (Tax Map 027-3 Parcels 075 and 075-01) District 1 (Deferred from the October 16, 2007 Commission meeting) Mr. Mayor: Okay, gentlemen, if you could state your name and address for the record. Mr. Jolly: Good afternoon, Mr. Mayor and commissioners. My name is Clay Jolly. I’m an attorney here in town. My office is at 511 Court House Lane, Augusta Georgia 30901. 13 Mr. Dixon: My name is Eric Dixon. My address is 1745 Washington Street, Augusta Georgia 30904. The Clerk: Mr. Jolly. Mr. Mayor: Actually let’s hear from Mr. Patty first. Mr. Austin: Hey I’m Bob Austin sitting in for George Patty Mr. Mayor. You know this is a change from a B-1 to B-2 at 2053 Broad Street. It was denied by the Planning Commission. I think there’s a petition of objectors in the file and I think there’s probably some objectors here. Mr. Mayor: Okay can we? Mr. Austin: I think you’ve all heard it once before. The Clerk: We deferred it from the last meeting. Mr. Mayor: Yeah we deferred it from the last meeting. The Clerk: Are there any objectors to that Planning petition? Would you please, okay. Are there any supporters? (13 objectors noted; 1 supporter noted). Mr. Mayor: All righty, Mr. Jolly. If you could please keep it to 5-minutes and then if any --- Mr. Jolly: (INAUDIBLE). Mr. Mayor: Well you’re going to have to keep it to five minutes and then if anybody wants to speak on behalf of the objectors I’ll give them the same opportunity. Mr. Jolly: Mr. Mayor and commissioners. We have applied for a zoning from B-1 to B- 2 in order to open a liquor store. As we are in full compliance --- Mr. Holland: Excuse me could you speak into the microphone. Mr. Jolly: We’re in full compliance with the licensing requirement. We have complied with all the ordinances that were written by the county. I have given you a synopsis of the sections that are important. I’ve signed with a registered land survey that shows in the margin that we have complied with all the distance requirements. We have done that through the most direct route of travel that’s complied as under 6264-D. The registered land surveyor is William R. Gore so I ask you to refer to that. So in this copy of the code of the ordinance I have highlighted Section 6264, Section 6265 and Section 6276. Basically we have done what the county ordinance is required to do. I have also provided you with a copy of the (INAUDIBLE) that shows the prior use of this building was a liquor store. You can see the shelves in it. From our understanding it has operated as a liquor store as late as 2001. That came from one of the objectors. So basically what Mr. Dixon has in front of you (INAUDIBLE) so we have, it’s 14 consistent with the neighborhood, the location. The number of licenses that are in the area just to sell beer and wine is within a 1.5 mile area, you have five or six to seven. Mr. Dixon plans on buying this piece of property. He plans on improving this piece of property. That would provide tax, a tax increase to the tax base of the county. It will be subject to sales tax. Generally figured that if he had approximately $600,000 in gross sales in one year that will expect to go up as much as 20% a year. That will be $42,000 a year in sales tax revenue to the county and the state. This is a business corridor as you see with everything being B-1. And I would say that I have provided you with a copy of the petition that was sent to Planning, the Planning Commission. There are 89 people in the area that support this, okay. Of the 77 that’s on the objectors list there are 9 that don’t even live in the neighborhood. So there’s only 68 that disagree and that’s basically 30% of less than what they propose. This area has, is in need of economic development. There are employment opportunities in this area for people that live there. It will be a consistent use that has been done in the past. It complies with all the ordinances of the county and with the distance requirements in all such as that. I mean gentlemen the certified land surveyor obviously uses very precise equipment in determining all that. And we feel like that um, Planning, I mean the commission should approve this rezoning. The next step is to apply for the license so I’m not trying to put the cart before the horse but I do want everyone to understand that we have very diligently, very diligent in observing the requirements of the license and ordinances to insure that this is necessary and that we comply completely and fully with the county ordinances and I believe we do. We think this is an area of town that needs economic development. You know if one, the best thing about it is if you have an area that needs economic development that area can be somewhat run down. There’s one building there that just burned --- Mr. Mayor: Okay. Mr. Jolly: --- the roof just caved in. Hopefully one benefit will, everybody else will improve as well. Mr. Mayor: Okay and thank you, sir. And if as I say I would give the objector if anybody wants to speak for the objectors a five-minute allotment as well to be fair and balanced. Mr. Speaker: Just give me one minute. I concur with Mr. Jolly there’s already six --- Mr. Mayor: Okay, hang on. Name and address for the record. Mr. McKnight: Kelly McKnight, pastor of Bible Deliverance Temple 1855 Fenwick Street. Mr. Mayor: You’re minute’s going to have to come out of the --- Mr. McKnight: I agree there’s already six business licenses there to sell liquor. We will see an increase according to his projections $42,000 in increased tax bases. However what will it cost us in increased cost for public safety. We do not need another establishment, and establishment there to enable more addictions to be fulfilled. Definitely dead set against it and I also asked some other pastors and we reckoned it’s about 1,500 people in that area. Thank you. 15 Mr. Mayor: Thank you. Mr. Crawford: Good afternoon. My name is Ian Crawford I’m the president of the Harrisburg West End Neighborhood Association. I live at 835 Starnes Street. Thank you all commissioners for all the hard work that you do. We appreciate the decisions that you have to make. Although the attorney has a polished presentation and disputes the numbers and placement of the signatures that people who live there we took down a list of 77 names at the zoning board meeting. People who did live in this area who do oppose this and I would like to compare the signatures on both our lists if we’re going to take them totally serious. But there are three churches within a block of this proposed area. Also if you go to the city’s GIS site and use the measurement tool you’ll come out with 1.4 miles to the Walton Way package store. We’ve been here four times. We’ve been to the zoning board meeting we’ve been here to the commission meeting. We brought protestors each time. Harrisburg is a tight and diverse community. We all are friends and neighbors. The petitioner at the last meeting when he was asking to move this to this meeting collected our names and phone numbers. To our knowledge nobody was ever contacted. So he’s not coming into our neighborhood as a friend and a neighbor who communicates his intentions. The Kroc Center and Harrisburg being a historic district does not need a liquor store in the middle of Broad Street. Also the Harrisburg plan which the zoning board has is an old one, 1995 but it’s the only one that we have, it says that the community gets to, a major weight in the decisions of zoning exemptions, special exceptions. Our community says no. We thank you very much. Mr. Mayor: Thank you sir. Commissioners? Commissioner Bowles. Mr. Bowles: I’d like to hear from Mr. Austin on the logic behind denying this request. The legal facts, I don’t want to get into what people’s feelings are. I want to know the legal facts. Mr. Austin: Well, the neighborhood plan discourages changes to B-2 from B-1, Mr. Bowles. But that pattern has been broken and there are a couple of properties that are zoned B-2, one being right across the street from this property. And I guess the Planning Commission denied it because of the uh, because of that fact and because the genders that were present at the meeting. Mr. Mayor: Okay. Thank you, sir. Commissioner Brigham. Mr. Brigham: Mr. Austin, is there any special stipulations on any other of these two zonings? Mr. Austin: Mr. Brigham, I don’t think there are. There’s nothing noted on the map on the two properties that are zoned General Business in this vicinity. And I would like to also mention there are some legal nonconforming General Business uses in the area as well, several automobile repair shops that today require B-2 zoning as well. Mr. Brigham: Are they grandfathered in? 16 Mr. Alston: Yes, sir. Mr. Mayor: Okay. Commissioner Smith. Mr. Smith: I move to deny. Mr. Mayor: We have a motion. Is there a second? Mr. Holland: Mr. Mayor, before we --- Mr. Mayor: Commissioner Holland. Mr. Holland: I would like to know. How many other liquor stores are there in that particular area? Mr. Jolly: There’s one on Walton Way by the Bon Air and one down on Walton Way by Walton Avenue (INAUDIBLE). Mr. Mayor: Okay. Hang on. Mr. Holland: (INAUDIBLE). Mr. Mayor: Yes, sir, I’ll. Go ahead, Mr. Jolly. Mr. Jolly: (INAUDIBLE) The Clerk: Mr. Jolly, can we get you to the mike please? Mr. Jolly: Yes, we referred to those in our survey. The one at Den’s Big Tree is 1.5 miles and the one in Summerville is 1.53 miles, which complies within 6276. Mr. Mayor: Okay. Mr. Jolly: And that was according to the most direct route to those locations. If you go and get in your car and you drive you might get something different but if you go to a registered land surveyor who has very accurate equipment and that’s where those are based. And as far as the church matter they are referred to there as well. Mr. Mayor: Okay. We have a motion. Is there a second to that motion? Mr. Brigham: I’m going to second his motion. Mr. Mayor: Okay, we have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual --- 17 Mr. Brigham: Mr. Mayor, I think we need to put on the record to state the reason why we’re denying this to be consistent with the master plan of the community. Mr. Mayor: Okay. Would you be willing to add that to your motion? Mr. Smith: Yes. Mr. Mayor: Okay. We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual --- Madam Clerk, is there something? Mr. Holland: What did he add to the motion, Mr. Mayor? Mr. Mayor: Go ahead, Madam Clerk. The Clerk: He added the reason that it wasn’t in conformance with the master plan the reason for denying the application. The motion was to deny the application. Mr. Mayor: Okay, commissioners will now vote by the usual sign. Mr. Williams: Mr. Mayor? Mr. Mayor: Commissioner Williams. Mr. Williams: Before we take this vote and I just heard the Clerk say that the reason for denying and Mr. Austin has said Planning and Zoning denied it because of there they already got enough participation. Is that my understanding? Mr. Austin: Marion, I can only guess that why they denied him but it is inconsistent with the neighborhood plan, Harrisburg neighborhood plan and of course there were objectors present at that meeting as well. Mr. Williams: Okay, that helps me out a little bit. Mr. Mayor: Okay, commissioners will now vote by the usual sign. The Clerk: Ms. Beard. Ms. Beard: I’m going to recuse myself because there may be a conflict of interest. Mr. Williams votes No. Mr. Harper and Mr. Holland abstain. Ms. Beard recuses. Motion fails 4-1-2. Mr. Mayor: No action taken? 18 The Clerk: No action taken. Mr. Mayor: Next agenda item. The Clerk: PUBLIC SERVICES 31. Discussion: A request by the Richmond County Sheriff’s Department for a hearing to consider the possible probation, suspension or revocation of the Alcohol Beverage License held by Marion Rosier for Club Dreams located at 3023 Washington Rd. for multiple violations of the noise ordinance and disorderly and unsafe parking area. District 7. Super District 10. Mr. Russell: Mr. Mayor, there’s a great deal of --- Mr. Mayor: Mr. Russell. Mr. Russell: --- people in the hallway in reference to this matter and I might suggest you take a minute and let the first group leave --- Mr. Mayor: Okay. Mr. Russell: --- and the second group come in. Mr. Mayor: I’ll let us go through the transition. I believe the shift change is complete. Please sir. Mr. Speaker: Members of the commission my name is Sgt. Elam. I’m with the Richmond County Sheriff’s Office Vice Division. We’re here today at the behest of the Hudson Trace Neighborhood Association. We received a complaint from that neighborhood and the association back in late April early May of this year in reference to noise. At that time we contacted the owner, Mr. Rosier, who we have some contact with and advised him of the complaints. There were several events that occurred back on the in early part of May where after th several warnings citations will begin to be written for noise violations. It started on the 15 of May and has continued on through, for the purposes of this meeting have continued on through th the 4 of September. In that time period approximately ten citations were written for violation of the noise ordinance. We’ve met with Mr. Rosier on several occasions and explained the situations relative to the complaints that we were receiving from Hudson Trace and we continue to give the complaints from Hudson Trace to the Sheriff’s Office position in reference to the noise complaints were that he definitely responded after prolonged period of warnings and trying to work the matter out. Our deputies if they observed, heard, to hear the violations they were to make the appropriate charges. And they have been warned multiple times up to that point. In this time period they have made some improvements to the club, which they believe will help the noise problem. It will probably help in some way but there’s still a noise problem out there. Probably 2 ½ months ago I met with Mr. Rosier who had been adjudicated on several other citations. I met with him out in the neighborhood where the complaints were coming from. 19 While we were there you could hear certain songs, there was heavy bass present that I could hear standing outside. Some members of the neighborhood knew we where there so we weren’t generating complaints at the time but he would leave my location go over to the club turn it down and there seemed to be some type of problem. I don’t think that the music is the problem. I don’t know, to be honest with you I don’t know what the problem is. I know he is turning the music down some days. He can’t be responsible for every song that plays there everyday. I understand that but the neighborhood is still generating complaints. We made a suggestion because it was so many complaints he has spent so much money and we have written him, in this time period written him ten, eleven citations, our officers have that he might want to get a, I’m not sure if this is the correct term a sound technician, a professional sound technician in there. We get with the neighborhood association let them know that on this particular date and time that we were going to turn the music up as loud as we could get, let them know that so we wouldn’t generate complaints have them, have his sound person there, tell the sound person that the noise is being turned up, the noise is emitting from the building and what can we do to alleviate this problem. I thought it was a reasonable request. He’s spent a lot of money up to that point in fines and I don’t know the legal fees situation but there was nothing malicious on our part. We thougt it would be a helpful quick easy way to solve the problem. To my knowledge that hadn’t happened and we’re still generating complaints. We will probably in about a month our officers were, the complainants, excuse me one of the complainants was told that were, we had all the cases be adjudicated at one time, they were pending, there was pending action here and to try to hold some restraint which is kind of unreasonable but we thought it necessary because we were getting a lot of calls. We tried to hold some restraint until we could get this body and see if we could get the matter taken care of. But as of last week there still was generating complaints. There’s nothing malicious on the Sheriff’s Department’s part. I do not get the feel from the neighborhood that that’s the problem. There still needs to be some kind of corrective action. The Sheriff’s Department didn’t ask him to shut the club down, we’re not asking for revocation or suspension. We’re asking for a probationary period. That way we do what we think is a measured response like we’ve done in the past we think it would be appropriate here now. Mr. Mayor: Okay. Thank you, sir. Now I’ll here from Mr. Rosier or a representative from. Mr. Larke: I’m Leon Larke. I am an attorney. I am one of the attorneys here today representing Mr. Rosier who is here to my left and Mr. Dennis Johnson who is here to my far left. Also Ms. Hagens who is standing to my right here, is a neutral witness as far as the --- Mr. Mayor: Well remember you have 5-minutes and we’re not a court. Mr. Larke: And the reason I said she’s a neutral witness is because when we deal with questions of noise there is a subjective quality because what one person hears as noise, what’s noise for one person may not be to somebody else. Now we’ve had people in this area of Hudson Trace where some of the complainants reside. And Ms. Hagen being one who was sent out there I might add by the instruction of the Magistrate Court unannounced. And that was on th August 24 and I would just like to put in the record what Ms. Hagen has to say about her particular visit out there as briefly as possible. 20 Mr. Mayor: Okay. And keeping in mind that we still stay within the 5-minute please Ms. Hagen. th Ms. Hagen: Good afternoon, Mr. Mayor, commissioners. As he stated on the 24 of August I did go out per order of Magistrate Court because they were sentenced on the 16th of August for noise violation. Per the court order they were to have the property in compliance before I could place them on unsupervised probation. So I went out that afternoon and I saw the building and the construction that he did that Mr. Johnson did add on a second wall. He turned the sound system on and we went to Hudson Trace and of course I couldn’t hear anything. But what he didn’t know was later that evening at about 12:30/12:45 I came back to Hudson Trace to see if I could actually hear the noise while the club was actually in progress and from my point of view I really couldn’t hear anything as far as the music coming from the club. Every now and then you could hear a car passing through the neighborhood or maybe the parking lot but the majority of the noise that I was hearing was not consistent with coming from Club Dreams. And that following Monday I took this information back to the magistrate court judge and I was instructed to go ahead and place them on unsupervised probation because per the court order they were considered in compliance. Mr. Mayor: Okay. Mr. Larke: And members of this honorable body let me just say as well that Club Dreams has been proactive in terms of trying to address the concerns of the members of Hudson Trace. In fact I sent a letter on behalf of Club Dreams to a Miss Debra Myers back in August and Ms. Myers is the president of Hudson Trace Neighborhood Association. I have a cognitive letter (INAUDIBLE) in the record. And the purpose of the letter was just attempting to be good neighbors to go to the members of Hudson Trace in good faith and ask this simple question. What can we do to resolve this matter? You have some concerns because we’re not saying that any noise that you hear must necessarily emanate from Club Dreams. We don’t take that position. However if you hear any noise that’s coming from Club Dreams we want everybody to try to get together and address the problem. That we wanted to be on the, we wanted to be on the agenda of the neighborhood association and ask that well look, why don’t you all appoint a couple of people to maybe meet with us and we could even go around the place together and if there was any noise that was coming from Club Dreams everybody would agree that that was the source of emanation even though it wasn’t our position but if that was the source of the emanation of the noise than let’s have some meetings of the minds and resolve it. There’s some photos that we have here. We want to offer them for the record. Mr. Mayor: Okay. Mr. Larke: Just for the purpose of showing where Club Dreams is in relationship to the Hudson Trace Neighborhood. Mr. Mayor: Okay and your 5 minutes is up and just once again just trying to give equal time. Mr. Larke: Can I make just on concluding sentence? 21 Mr. Mayor: Yes, sir. Mr. Jolly: And for the record as well the response from the neighborhood association th here from my (INAUDIBLE) dated August 24 shows that they just wanted the club to move. Mr. Mayor: Okay. Thank you, sir. Commissioners, do you all have? Mr. Brigham: I would like to hear from the other side, Mr. Mayor. Mr. Mayor: Absolutely. Do we have somebody from the neighborhood association, a spokesperson and individual we’ll hear from one spokesperson from the --- okay, please come forward, sir. If you could state your name and address for the record and keep it to 5 minutes as well. Mr. Speaker: Okay, my name is (INAUDIBLE) I live at 530 Alison Way Augusta Georgia and what we’d like to do, I talked with the president of the Hudson Trace Association and the letter he wrote about getting the solution. Now the solution is the violation of the city ordinance how many times in one month, more than six citations, go to the court he’s fined put on probation and even then the noise keeps coming, keep calling Sheriff Department office they keep coming giving more and more citations, how can we resolve the problem? The only was to resolve the problem control the noise. If you can’t control the noise than shut down his place. Simple. And as of last Monday I called Sheriff’s office they sent a deputy and he just said okay I’m going to go ahead and give a citation because the noise was there. Not only that but before that the noise was so loud at one time that my walls were shaking, vibrating and three deputies walked in my bedroom and bathroom and they realized and they gave all the tickets or the citations ---. Now what else should we expect. And the noises still keep coming late at night and I would petition this while and we don’t say close this place down. But control the noise don’t break the city ordinance. We like to maintain law and order. That’s my point. Mr. Mayor: Okay. Thank you, sir. Mr. Williams: Mr. Mayor? Mr. Mayor: Commissioner Williams. Mr. Williams: Is Mr. Patty still here? Bob Austin? I guess my question is going to be and I can understand the residents who live there have to tolerate noise. I moved from my first house, Mr. Mayor, on Arlen Road and I moved in a situation with the railroad was down the street and every night them boxcars would collide and I tell you what. But the railroad wasn’t going to move the railroad wasn’t going nowhere. And after awhile I got accustomed to it and when they hit, Mr. Mayor, I just got another gear. But I want to know I guess whether or not this business zoned for what it’s doing. Is it in the proper place because I’m trying to figure out how did we zone it to be there and had a residence to be there. So somebody from Planning and Zoning ought to be here with an answer to tell me how did the two get side by side so to speak? 22 How did they meet? It ain’t no marriage so they should’ve kept passing each other. They shouldn’t have --- Mr. Mayor: Mr. Administrator, do we have anybody? Mr. Russell: (INAUDIBLE) Mr. Williams: I just like to hear an answer to that question, Mr. Mayor. Mr. Mayor: Okay. Mr. Brigham: Mr. Mayor, I’d like to know how many --- Mr. Mayor: Commissioner Brigham. Mr. Brigham: --- people on both sides (INAUDIBLE). Mr. Mayor: Okay, can we get a show of hands? Fred, are you getting ready to count this on those opposed? Madame Clerk, how might I phrase that? How many objectors do we have here? If you could please raise your hand. The Clerk: Objectors? Mr. Mayor: People that are unhappy with the noise. Do we have any objectors on that side? Okay. Mr. Russell: 6 objectors noted. Mr. Holland: Mr. Mayor. Mr. Mayor: Commissioner Holland. Mr. Holland: Let me ask a question please while we’re waiting on the gentleman to come. What other clubs are in the vicinity of Club Dreams? Are there any other clubs in that vicinity because that building has been there for some time and I think that whole area has been zoned for commercial. Mr. Harris: I think you probably have anywhere from 3-4 actual nightclubs in that area, country clubs. Then you have restaurants who also provide music, Wild Wings and others of that nature. You’ve got Coconuts off Bertram Road. So there are several clubs in the general vicinity within a few blocks of this location. As far as the other question about the actual zoning of that property the hotel, the old Shoney’s Inn it is actually zoned B-2, which is the proper zoning. The property behind it I would imagine may be a “B” zone, commercial and sold to a developer to develop homes on that property which I don’t think it’s against the law to develop up not down. 23 Mr. Mayor: Okay. Mr. Harris: So the answer is it’s commercially zoned. Mr. Mayor: Commissioner Williams, does that answer your question? Mr. Williams: Well, I was dreaming there, Mr. Mayor. Mr. Mayor: Well, it is called Club Dreams I believe. Mr. Williams: I’m hearing Mr. Harris say that the facility was zoned to do what it’s doing and there some property behind that was zoned to build and they came in a built and this property was already zoned and already there when they came in. I guess that’s what I’m trying to get to. Mr. Harris: Pretty much what I’m saying as far as the hotel one of our requirements in order to get an alcohol license the property has to be zoned B-2 or better which like I said you can zone to go up but you can go down in zoning. Now the property behind it, which is in close proximity so it could have very easily been commercial property sold to the developer and he built on it, which would not have been illegal to my knowledge. Planning and Zoning maybe could give you a little more on it but I would think that I’m correct in that. Mr. Williams: And, Mr. Mayor, if I can follow up. I think the young man said he didn’t want the club to close he just wanted to be able sleep and not have that noise. So what can we do, Mr. Harris, since you’re in this business? You’ve been in this business a while you’ve met this kind of situation before. What’s an alternative? How can we come to some resolution to get? Mr. Harris: I would think that we could do it one of two ways. We can give them a 90- day moratorium get with them get with their counsels get with the Sheriff’s Department get with the sound engineer, their costs go out actually see what the sound and the problem is as far as the actual sound. And then have them correct it through the recommendations of the sound engineer. Or we could put them on probation for six months to a year, give them the advice that they need to get with a sound engineer, they need to get with a sound engineer leave it up to them and let them take the proper steps. Personally I would prefer the first suggestion. That way we’ll have some input into it and will actually be able to have the information and bring it back to you and say that these things were done. Mr. Williams: Mr. Mayor, I just want to, that second thing ain’t going to work for sure. I mean if there was going to be a 6 months and I knew that I’m going call the next day so that’s going to hurry up and resolve that one. Now I’m trying to figure out a way we can work this thing so we can do that. Now I think, though, Mr. Elam just stated we’ve done this. I think some additional work’s been done, the magistrate court sent somebody out there they didn’t hear something. So let’s don’t go out of here thinking that, I mean just come back for another meeting now. 24 Mr. Mayor: Okay. Mr. Williams: I think we need to have some kind of direction, Mr. Mayor. Mr. Mayor: And let me, we’ll hear from Mr. Elam right quick and then Commissioner Bowles and Commissioner Brigham. Sgt. Elam. Sgt. Elam: A couple things. This young lady from Magistrate Court she says she went thth out the 25. We cited him on the 26. He didn’t know she was there. Obviously there was a violation the next day. Two, the Sheriff’s Department position is I think Mr. Harris’ first alternative is a nice one but I think they should be on a probationary period. We’re just not going to write people to write people. When we go out and we actually have to hear a violation we have gone out multiple times and when we got there, there was no violation. And we didn’t cite. We just wrote a report saying we went out there for that. Mr. Mayor: Okay. Sgt. Elam: That’s our position. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. Sgt. Elam, you might be the one to answer this. The issue I don’t think is what the proper zoning is but the issue I think here is are they violating the noise ordinance. Sgt. Elam: Yes, sir. Mr. Bowles: And I think that’s the total issue and somehow we’re going to have to work out a solution. Either they solve it on the inside of the club because you can’t bother the neighbors especially at two o’clock in the morning. I think that’s the issue. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Mayor, since I represent the area this is my solution. I’d like to place them on probation to the end of the year. I would like to have them, order them to have a sound . technician who can conduct a test prior to the end of the year and make the results known to us And with that I’ll make that in the form of a motion. Mr. Smith: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioner Harper. Mr. Harper: Thank you, Mr. Mayor. Sgt. Elam. Sgt. Elam: Yes, sir. 25 Mr. Harper: That particular property borders Wild Wings, doesn’t it. Sgt. Elam: Yes, sir, it does. Mr. Harper: Do they provide live entertainment? Sgt. Elam: They do. Mr. Harper: What time does the entertainment shut down? Sgt. Elam: Before midnight. Mr. Harper: Have you ever had to cite Wild Wings? Sgt. Elam: Never have. Mr. Harper: So you can correctly assume that all the noise that’s being complained about is coming from Club Dreams and not no other? Sgt. Elam: Yes, sir, I’ve heard arguments that Wild Wings and maybe some other places but our officers are not just going out there saying they can hear noise coming from the gentleman’s house. They are, they can tell where the noise is coming from. They know where the noise is coming from. Wild Wings the outside noise they get a one day Special Event License and they shut it down. They’ve had a couple of events that we went out with them before the event happened to make sure it was set up correctly. On the second event I think we had some problems and we ended up having, we let them stay open as long as we actually could. This was after they had a problem with it. We let them stay open as long as we could this particular night and send somebody over into, a road patrol sergeant over into the neighborhood where the complaint was coming from and try to adjust the noise that way. They allowed them to go as long as they could and that didn’t work and eventually had to shut them down. We didn’t hold that against them. We were trying to work it where we didn’t have to shut them down. We’re not just saying Wild Wings can have a function and we don’t cite them and they can have a function and we cite them. Mr. Mayor: Okay, if there’s no further discussion commissioners will now vote by the usual sign. Mr. Williams and Ms. Beard vote No. Mr. Harper abstains. Motion fails 5-2-1. Mr. Mayor: No action taken. Mr. Brigham: Mr. Mayor. 26 Mr. Mayor: Commissioner Brigham. Mr. Brigham: This commission needs to make some kind of action. You know we sit up here and anybody that comes in and applies for zoning and it’s a paint and body shop and they won’t to work out we can put special limitations on there. They can’t be open after ten o’clock at night. But I got residents sleeping that sits next to a bar. They can’t sleep but yet we can’t do anything about it. That is ridiculous. And it’s not a zoning thing it’s a business thing and we need to get it resolved. We need to find out if it’s actually an acoustical problem or not. If it is the business needs to get it resolved. We do not need to make the citizens where they cannot have a restful night of sleep just because they happen to live in a nice neighborhood. Mr. Mayor: Would you like to? Commissioner Grantham. Mr. Grantham: I’m going to ask, Madam Clerk, to put this back on the agenda for our next meeting. I think, I don’t know if we revisited today, I make a motion that we do that what we can. But I’d like it back on the agenda. Mr. Brigham: And I’d like to also have the commissioners state why they abstained. I’d like to know their personal involvement in this. Mr. Mayor: Commissioner Brigham, wait until I’ve recognized you, please, sir. Commissioner Beard. Ms. Beard: First of all I’d like to know how long Club Dreams has been there. Mr. Speaker: Three years. Ms. Beard: Was it a club before you? How long was that club there? Mr. Speaker: (INAUDIBLE) Ms. Beard: Thirty-six years. Now, how long has the community been there? Mr. Mayor: The neighborhood? Ms. Beard: Yes, the neighborhood. Mr. Speaker: (INAUDIBLE) Ms. Beard: Now are you the person who called and spoke with me and said that you felt that you were being harassed and needed to speak to someone? I suggested that you come, that you contacted Ms. Bonner so --- Mr. Speaker: (INAUDIBLE) Mr. Mayor: Okay. 27 Ms. Beard: May I, I’m sorry I’m not through. I have one person there Mr. Millender. Are you from that neighborhood? Could you tell me what is going on? I respect him a lot. Mr. Mayor: And I understand that --- Ms. Beard: He would help me to make a decision. Mr. Mayor: --- and I understand that Madam Mayor Pro Tem but we’ve actually already, this issue has been voted on and Commissioner Grantham has requested that it come back up at our next commission meeting. So I think we’ve accurately addressed it and given everybody but the agenda item has been disposed of until it comes back up on the next agenda. Yes, sir. Mr. Speaker: What would be the point of coming back to the next meeting would be any different from what we’ve had today? Mr. Mayor: Well, and I would say that at the next meeting we, as far as I’m concerned we’ve heard from all parties involved and we should be able to make a decision. I would say that we are two commissioners short today, which you know those two votes could’ve gone another way. So that would be my analysis of the situation but once again the agenda item, there was a motion made and a second it was voted on and no action was taken. So it’s the Chairs opinion that we move on to the next agenda item. Madam Clerk. The Clerk: ADMINISTRATIVE SERVICES 34. Discuss direction concerning Bethlehem Community and Housing Neighborhood. (Requested by Commissioner Williams) Mr. Williams: Mr. Mayor, I asked for this to be pulled --- Mr. Mayor: Commissioner Williams. Mr. Williams: I asked for this to be put back on the agenda. We met in Administrative Services Committee and we asked Mr. Norman Michaels at that time to go out and meet several people in the Bethlehem community about trying to emulate the process that we’re doing in the Lyman-Dover area. And that process was changed. That process was discontinued. We were trying to make a difference and I think Mr. Wheeler had a plan for the city a plan for the community as a whole and I don’t, I don’t think there’s anything wrong with that plan. But we had started with a group of pastors to get a negative area that’s been like that for a long time, 2,000 years if you want to get a number, Mr. Mayor. Wood structures falling down they’ve been in deplorable shape and we were trying to do the same thing. Mr. Cheek made the statement that we’ll take one area and make a model out of it and use it. And we said we wasn’t going to wait to get started until the plan come back, until everything is in place. We need to start, there’s some ground work that needs to be done, there was some communications that had to be done and we started that process through Housing Neighborhood Development. And I see Mr. 28 Michaels and I’d like him, if you don’t mind, Mr. Mayor, let him share with you how far we had got started how much we had done who is the stake holders even the Pastor of the House of Prayer was ready. Not asking the city for one dime who have the money, who have the funds to do something in that area but everybody’s waiting on us to start to get a consensus to what we’re going to do. But now I’m hearing we’re going to wait until the whole plan is back and then there’s no way we can tackle a large area if we can’t tackle a small area. So, Mr. Michaels, if we can hear --- Mr. Mayor: Okay. Mr. Michaels. Mr. Michaels: Good afternoon, Mr. Mayor, commissioners. As I understand the question and my ability to answer it the question Mr. Williams is saying is actually true. We had a model that we’re trying to pursue in Dover-Lyman. We’re going to try and emulate it, imitate it or duplicate it over there at Bethlehem. And we did have a meeting with um, the Pastor of Mount Calvary, the Pastor of House of Prayer, pastor of another church, I can’t think of the name now along with myself, our License and Inspection Director, ANIC and that’s about it. And we began the process of trying to define some boundaries and figure out which, how we’re going to approach that particular project and we had some preliminary boundaries made up. We spoke with the House of Prayer and they have a project plan, which is facilities, living facilities for the th elderly people located on 12 and Wrightsboro Road. They plan on starting sometime soon. And we’re actually going to or try to start an effort to support their effort meaning that we’ll do anything that we had to do that was going to support their project so their project with the surrounded by positive activity also. And they’re also looking at buying the houses between th their church and 12 Street on the north side of the block. They weren’t certain how long it was going to take to do that. As time went on they were hesitant, not hesitant but they hadn’t decided how they were going to approach that and they didn’t have a definite date on starting the actual facility. In the meantime Mr. Wheeler joined the Department, Housing Department and he began to put together a target area including the activity for the House of Prayer and he did deviate some but the majority of what he’s trying to do does include that but it is different than was it was to begin with. Mr. Mayor: Okay. Mr. Grantham: (INAUDIBLE) Mr. Mayor: Commissioner Grantham. Mr. Michael: There wasn’t actually a plan in mind. We were trying to get to a plan. Mr. Grantham: (INAUDIBLE) Mr. Michael: So we had some boundaries we set --- Mr. Grantham: (INAUDIBLE) 29 Mr. Michael: --- yeah when he got there he kinda altered it but we had many things definite that had been approved or anything by this body or anybody else. Mr. Williams: Mr. Mayor, if I can share --- Mr. Mayor: Commissioner Williams. Mr. Williams: --- some information. We did set up boundary lines that what we was going to do. Then we talked about the $500,000 that we were going to go out there and get that started, Jimmy, you remember. Commissioner Cheek talked about taking another area and starting. Well when Mr. Wheeler came on those plans changed but nobody notified anybody. We had the boundary lines set up. We had people in place that was coming together to do the leg work so to speak that the Alleluia community would have been doing Jimmy in that area that we didn’t have. And when I found out that that had ceased and we was going to take and come from a big area then we would never get started. So I had this put on the agenda so we can get back. We had about six along with License and Inspection Mr. Sherman we had about six or eight participants over there. The House of Prayer’s been ready. We had a situation with a shotgun house that we didn’t propose it to --- out for them. They own all their property on the th corner of 12 and Wrightsboro Road ready to do some construction. They’re waiting so we can do some things together in that area. But really got me was when the plan changed but nobody told any of us that I know of about the plan changing. Now we didn’t have anything defined down to the letter but we did have a group meeting we did have some boundary lines and were starting the process. And I think it shouldn’t have changed but I somehow at least ought to be notified. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. The concern I have is we’re modeling this after Lyman-Dover. We’ve been struggling with that for years and we still don’t have the funding for it so why would we go off and start a new project when we haven’t half way completed the project which is supposed to be the model of this one. Mr. Mayor: Okay. Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. And I think we need to keep in mind too that yes it was discussed that we would get some initial start in that area even after we have started Lyman-Dover. You know however they were going to come back with a plan to us and let us know exactly what we were talking about before we moved forward with any expending of any money. But since that time you know we have taken the opportunity of doing something I think is even, even better for the community when we passed that dollar service fee based on motel/hotel room fee. And in doing that, that is going to hopefully take care of a major part of that redevelopment of the inner city. And that’s what we’re talking about with those funds. So as far as funds go I think they’re going to be available. As far as plans go they need to be presented to us and let us know what we need to be looking at and how we need to be doing it. Mr. Mayor: I’d like to hear from Mr. Wheeler. 30 Mr. Williams: I don’t think Mr. Wheeler’s here to give you the information that we’re talking about now. Mr. Wheeler made some changes and he made what --- Mr. Mayor: Well I, as I say I’d like to hear from Mr. Wheeler. Mr. Wheeler: Mr. Mayor and members of the commission, the plan did deviate a little bit. It was not a vast deviation from what was in place. In fact it was an enhancement of it. One of the things that maybe has not been stated is development is underway. We have houses coming up on Holly Street, we did not in any way alter the House of Prayer’s plans, we did not move to purchase any of their property we did impede their direction or their effort. We have th also development, but we have begun to buy properties of 12 Street, Hines Street and well as th 11 Street. So we have about six different areas that we are presently building in the Laney Walker area right now. In fact there’s well, and there’s also a house coming up on the corner of Tweeds and Wrightsboro Road. It’s probably 80% complete. So we didn’t deviate a large, I think we enhanced it. Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor, no one, first of all let me clarify something. Folks who got dollars in their heads we hadn’t mentioned one time about any monies whether it be Federal money or anything else. We talked about a plan to get started. We went out and spent some Federal dollars that, that we spent and I’ll leave that like it is. We have talked about and brought people together who took their time to come out and meet and talk and discuss about what was going to be coming. We’re not talking about building houses around Augusta. ANIC had done a great job with that, Mr. Wheeler, and I’m sure there’s some HUD houses and other things that are being built. So it’s not about whether we’re start building I never said that we had. What I’m saying is there was a group of professional people put together who had a consistent area ththth that they want to target. They don’t want to put a house on 11 and one on 9 and one on 6 Avenue. We had an area where we want to concentrate on doing. No plan changed and it may be a good plan but I think this board, Administrative Services this commission should have been in on whatever plan that was that that was changed. We have put that together. Maybe you wasn’t informed and I can understand that. But I don’t think your plan ought to be the plan that we got to sit here as elected officials and deal with the people with. They come to us before they get to you. We send them to you when there’s a problem on stuff that was supposed to have been done and didn’t get done. But I got people out there thinking, Mr. Mayor, that things are working that we are still doing something and then it gets changed and nobody’s saying anything. If you’re going to share that information we need to share with everybody. We don’t need to share with just certain people. We need to share with all and I think that plan ought to be brought to those same people that participated and let them see and let them figure out whether or not there’s going to be something in their best interests because they got time invested and money invested. We wouldn’t ask the city to do this. We’re talking about private development, Mr. Mayor. Mr. Mayor: Okay. 31 Mr. Williams: We’re talking about CHDO’s involved in doing some of this work. Mr. Mayor: Is there anybody else who wants to speak to this issue? Can I get a motion? Mr. Williams: My motion is that we go back with the plan and get with Rev. Hill and the other interested parties and at least discuss what’s going to be done versus trying to plan for the people instead of planning with the people. Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Commissioner Bowles. Mr. Bowles: I just want to know who’s involved in this plan. This is the first I’ve heard of this plan. I mean who are the members who are meeting with these citizens? Mr. Mayor: Okay. Mr. Williams: Mr. Mayor, if Mr. --- Mr. Mayor: Commissioner Williams, I’ve recognized you twice. I’ll go to Mr. Michael if you want to enlighten us. Mr. Michael: As I said before it was myself, License and Inspection director, ANIC, pastor of Mt. Calvary, House of Prayer and Liberty that’s right, Liberty Baptist Church’s pastor was also there. That was the makeup of the group of discussions that was there. Mr. Mayor: Okay. We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Grantham and Mr. Brigham out. Ms. Beard abstains. Motion fails 5-1. Mr. Mayor: All righty no action taken. Next agenda item, Madam Clerk. Mr. Williams: Put that back on the agenda, Ms. Bonner. The Clerk: Sir? Mr. Williams: Put that back on the agenda for the next commission meeting. We’ll face it sooner or later. The Clerk: Yes, sir. Mr. Mayor: Okay, next agenda item. 32 The Clerk: ADMINISTRATIVE SERVICES 35. Approve the amended and restated Local Small Business Opportunities Program effective December 1, 2007 and repeal in its entirety the Disadvantaged Business Enterprise Program, City Code of Ordinances, Sections 1-10-58 through 1-10-62, inclusive as well as Sub-Section 1-10-6(f). (Requested by Commissioners Brigham and Grantham) Mr. Mayor: Mr. Grantham, we’re on item number 35. I think Mr. Brigham either one. Who would like to speak to this? Mr. Brigham: I make a motion we approve. Mr. Grantham: Second. Mr. Holland: Mr. Mayor? Mr. Mayor: Okay. Commissioner Holland. Mr. Holland: Before we approve this particular item I believe this item was discussed in our Administrative Services meeting but we had our Administrative Committee meeting before and at that particular time we were unable to reach a conclusion or decision in reference to this information that we have on the agenda at that time. So during the committee meeting we asked that those two parties get together with Ms. Sams and the attorney’s to meet and discuss this item that’s on the agenda now. So I’d like to make a substitute motion at this time, Mr. Mayor, to send this item back to the Administrative Services Committee so that we can have a discussion on this so that when we come back we’ll actually know what we’re talking about because at that time Mr. Russell mentioned to me that Ms. Gentry was not prepared at that meeting, that committee meeting to discuss this item and we broke the meeting up and we had them to move over into the conference room and discuss the meeting, this particular item at that time. So that’s my substitute motion to have this item sent back to Administrative Services to give them an opportunity to discuss this and then come back and we’ll make a decision on it afterwards. Mr. Harper: Second. Mr. Mayor: Okay we have a substitute motion and a second. Is there any further discussion? Okay, we will first vote on the substitute motion to refer this back to committee. Commissioners will now vote by the substitute sign of voting. Mr. Brigham, Mr. Smith and Mr. Grantham vote No. Ms. Beard abstains. Motion fails 3-3-1. Mr. Mayor: Okay, we will now vote on the original motion to approve. Commissioners will now vote by the usual sign of voting. 33 Mr. Williams, Mr. Harper and Mr. Holland vote No. Motion fails 5-3. Mr. Mayor: We’re sure coming up with a lot of no action taken today. The Clerk: ADMINISTRATIVE SERVICES 36. Discuss profession courtesy and decorum with employees, department heads, and commissioners. (Requested by Commissioner Holland) Mr. Mayor: And, Mr. Holland, I know that this is yours and I would just request that if, that we not discuss any employees by name or anything so we don’t get into personnel issues. Correct, Mr. Boudreaux? Mr. Boudreaux: That’s correct and probably should avoid discussing specific incidences as well. Mr. Mayor: Okay, thank you, sir. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. I hadn’t planned on calling any names. I won’t dwell on this for some time. I simply want to just bring to the attention of the commissioners and some of our department heads that I’ve received several phone calls in reference to the disrespect that some employees have been showing some of our department heads. As a matter of fact some information had come to me in reference to employees or department heads that is are using profanity towards some of our employees. So I just want to make sure that our employees our department heads of course our commissioners understand that all of our employees are to be treated with professional courtesy when you enter into a department and you know that that department head is there. It is your professional courtesy to show professional respect and decorum to that department head when he or she is in the department rather than moving around and going to someone else when that department head is there and is there to assist you in any way that they possibly can. Also when a commissioner is talking with the, has a conference with an employee it is the responsibility of that commissioner and that employee to show professional courtesy and decorum to each other as they are discussing whatever it is that’s on the agenda while they’re discussing this because for some reason or another some employees feel that it is necessary for them to talk back or talk any kind of way and be disrespectful towards some on the commissioners and towards some department heads. So I just want to bring this to the attention of the entire commission. I want to bring this to the attention of the all the departments, the department heads that professional courtesy and decorum should be shown to all department heads. Professional courtesy should be shown to all employees and professional courtesy definitely should be shown to all of the commissioners, Mr. Mayor. Mr. Mayor: Okay. Thank you, Commissioner Holland. If there’s further discussion can I get a motion to receive this as information? Mr. Holland: So moved. 34 Mr. Williams: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 8-0. The Clerk: PUBLIC SAFETY 38. Motion to approve the Sheriff’s Office purchase of new Mobile Data Terminal computers to replace old and obsolete laptops in patrol cars. Mr. Mayor: Commissioner Williams, I think you had. Mr. Williams: Yes, sir, Mr. Mayor. My question was that, the equipment that we’re purchasing. I was, I had an opportunity to talk with one of the patrol officers, shared officer that had a computer who had to leave the car running to keep the computer warm he said. The car ran for some four and a half hours in a two-hour span while I was with it. I asked the question why was the car still running in the dead heat of summer and he said he had to keep the computer cool. So my question now is if we’re going to spend this kind of money are we buying anything here that’s going to have the motor, have the engine running, the temperatures got to be a certain degree for this computer. Because if we need to spend more money I’d rather do that than to tear the engine up idling two to four hours. Mr. Mayor: Mr. Hewett. Mr. Hewett: You’re exactly right. These are rugged laptops and they’re good for 155 degrees so that was incorrect. Mr. Williams: Okay, and I got no problem. I didn’t ask that question. I mean I had that incident happen. The officer explained to me that he had to keep the car running --- Mr. Hewett: (INAUDIBLE). Mr. Williams: --- sitting in it and no actually himself but the cars out there --- Mr. Mayor: Can we get a motion to approve? Mr. Brigham: So moved. Mr. Bowles: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. 35 Mr. Holland out. Motion carries 7-0. The Clerk: PUBLIC SAFETY 39. Approve the selection of CH2MHILL Inc. for RFP #07-101, Wireless Consultant. Mr. Williams: Uh I guess, Mr. Mayor --- Mr. Mayor: Commissioner Williams. Mr. Williams: --- my question is, was this sent out for anybody else to take a look at? Mr. Hewett: Yes, sir, it was. Mr. Mayor: Mr. Hewett. Mr. Hewett: We in conjunction with Procurement put an RFP on the street for four weeks. We had six respondents and three were qualified and CH2MHILL was selected as the best. Mr. Williams: Okay, as long as it’s done through process. Mr. Brigham: I make a motion we approve. Mr. Bowles: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Holland out. Motion caries 7-0. The Clerk: SUBCOMMITTEE Law Study Subcommittee 40. Motion to approve the salary of the position of General Counsel. Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, members of the commission. Late yesterday I received a phone call from the candidate for this particular position and he respectfully asked after saying all the 36 nice things that he should his name be withdrawn from consideration at this particular point in time. A conversation I had with Ms. Beard in reference to this and she had talked to the chairman of the Law Committee, Law Study Subcommittee and the recommendation would be that we would move our current staff attorney Chiquita Johnson to an interim position as General Counsel and that we do so at a salary of $100,000 during a search as we attempt to fill that position. That would be his recommendation. Mr. Grantham: So moved. Mr. Mayor: We have a motion. Is there a second? Ms. Beard: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Mr. Brigham votes No. Motion carries 7-1. Mr. Mayor: Next agenda item, Madam Clerk. The Clerk: ADMINISTRATOR 41. Motion to approve the recommendation of the Administrator to appoint Ms. Donna Williams to the position of Finance Director. Mr. Grantham: So moved. Mr. Bowles: Second. Mr. Mayor: We have a motion and second. Is there any further, Commissioner Williams. Mr. Williams: Mr. Mayor, thank you. We all had an opportunity to talk with Ms. Williams and I think she is the best person for that job. But I don’t know about where the salary is set. What is the salary going to be? The other thing I questioned is did we advertise this right. There was some question about did we advertise the position as to what we, and I’m trying to think of the word now but --- Mr. Russell: Ms. Williams’ qualifications? Mr. Williams: Well, yeah, the appropriate qualifications. Was that advertised the way it should’ve been advertised. Was there a flaw in that was there an error in that? Mr. Mayor: Mr. Russell. 37 Mr. Russell: Let me go through the first question that you asked there. We initially advertised it for somebody requiring a CPA. We’ve done that throughout the entire advertising process. We’ve been unable to find somebody with those qualifications that fit our needs or willing to come work at this particular location. It’s my recommendation that we give Ms. Williams the position. You can do so as an appointment and that would be my recommendation. The salary would be $110,000 per year and a 5% deferred compensation included with that. The position was advertised as a CPA position with requirements thereof. Because it is an appointed position I’m comfortable recommending her to fill that position sir. Mr. Williams: So we’ll be waiving the CPA? Mr. Russell: Yes, sir. Mr. Williams: By appointing we’ll be waiving the CPA. Mr. Russell: Yes, sir and you’ve done that in the past. Mr. Persaud did not have a CPA either. Mr. Williams: I understand. I’m trying to make sure the same ball’s being bounced, Fred. Mr. Russell: The same thing we did before. Mr. Williams: Okay, and we’re waiving the CPA. But we did advertise? Mr. Russell: Yes, sir. Mr. Williams: So had we not advertised for a CPA we may have gotten some other people to come in without the CPA. Mr. Russell: There’s always that potential. Mr. Mayor: Commissioner Bowles, did you have a? Mr. Bowles: Mr. Russell answered my question. Mr. Holland: I did, Mr. Mayor. Mr. Mayor: Commissioner Holland. Mr. Holland: Am I to understand that you did advertise the salary along with the qualifications for this position? Mr. Russell: (INUADIBLE) 38 Mr. Mayor: Okay if there’s no further discussion commissioners will now vote by the usual sign. Mr. Williams abstains. Motion carries 7-1. Mr. Mayor: Next agenda item, Madam Clerk. The Clerk: OTHER BUSINESS 43. Update from the Administrator regarding the Fifth and Reynolds Street land transaction. (Requested by Commissioner Williams) Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, members of the commission this is one of the exciting things we get to talk about on a, getting to be a more regular basis from what we have in the past. As you know several months ago, more than several months ago you approved an MOU with the Foxfield Corporation in reference to the development and cleansing of the pension property at Fifth and Reynolds. During our initial studies we determined there was some contamination there and that contamination had to be moved to make that property suitable for sale. You approved that agreement with Foxfield Corporation and they’ve been moving on that as rapidly as they could. Not as rapidly as some of us would like to have seen. They are near the completion of that. The ground itself has been decontaminated. There’s still some asbestos in the building itself that will be dealt with. In addition to that they will shortly be applying for their certificate of cleanliness to put it bluntly I guess from the EPD that would allow us to move forward with that. Conversation with Mr. Kitchen and Foxfield Corporation we’re anticipating a th January 15 closing date of that particular point of property. As you know we’ve been looking at that and what we’re going to do. The latest information from Mr. Kitchen looks at a four-part program in that that particular area to include the condominiums as we’ve talked about all along. In addition to that he has two hotel pads that have been designed and is in conversation with two major hotel companies in reference to bringing forth some additional hotel space downtown which is part of the design and at least two or three of you had announced at that particular point in time. In addition to that there’s looking at the possibility of about 60,000 feet of Class A office space that they seem to be moving forward on. Anticipate the certificate of --- Mr. Mayor: Cleanliness? Mr. Russell: --- yeah, non-pollutedness sometime within the next 30 days and as I said th completion of that on January the 15. As you deal with these kinds of territories and these kinds of areas unfortunately you don’t really know what you’re getting into until you actually start digging the dirt and whatever. We were able to keep the contamination to a fairly reasonable level. It wasn’t as bad as what it could’ve been. It probably was a little bit worse than what we initially suspected. But by working with him and the team he put together we now have a six-acre site along the river in downtown Augusta that’s suitable for development. 39 Mr. Mayor: Commissioner Williams. Mr. Williams: Yes, I’ve got a couple of questions for the Administrator. First of all, Mr. Russell, how much was the total amount for the cleanup? Mr. Russell: We currently have approximately $500,000 involved in that. He has approximately $700,000 involved. Mr. Williams: And the sale has probably not transpired yet. Mr. Russell: We have not closed. Mr. Williams: So we have not closed but we have cleaned up property that we going to sell to somebody else. Mr. Russell: Yes, sir, it’s our responsibility as the owner to do so. Mr. Williams: Well, I don’t know I differ with that. I mean I thought the sale of the property had went through because I think this property’s been on for almost a year now. And my understanding and y’all don’t like for me to question this kind of stuff, Mr. Russell, but when we approve stuff, approve of a sale I thought the sale went through until here recently when I got information that it had not been that’s why I had this put on the agenda. That the sale had not transpired that we done cleaned up property that still belonged to us and possibly going to belong to somebody else. Now had it went to whatever the amount was once we got in there we had to continue. Had it went to five or six million we had to continue because we started. And I don’t think we can take taxpayers money and do that, Mr. Mayor. I’m a little disappointed. I got the information I needed and that’s why I asked that question. I just think that was wrong to do. We had that property in this government for quite a few years and we didn’t clean it up. But now we clean it up, now that we cleaned it up we probably could’ve have stood up and sold it for even a greater amount to somebody else. But uh, that’s all the question I got, Mr. Mayor. Mr. Mayor: Well, and let me just make one comment, Commissioner Williams. My, I was curious coming from a background in real estate development that it seems that before the city ever took possession we should’ve done a Phase 1 environmental and known what was on there. But after the testing was done and we own the property we had to clean it up or it would go on basically a list of super fund sites. So we were responsible for cleaning it up. Mr. Williams: And, Mr. Mayor, I agree with that but that property wasn’t something we purchased. That property was of the pensioners that we were the overseer of the pension property. We kept that for them and when they decide to sell it we should’ve done exactly what you said. But we bought that property from them to make sure that property would be for a prime piece of real estate that would be built on that. So you know I agree but we bought that property because we was overseers of that property and then we even told that the pensioners that whatever money received over what we paid for within two years would go to them. And I 40 think it was around $200,000 but I just don’t think the taxpayers understand that because I certainly didn’t. Mr. Mayor: Can we get a motion to receive this as information? Mr. Williams: So moved. Mr. Smith: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Motion carries 8-0. ADDENDUM 46. Approve increase in budget for Judicial Center to $62,000.000. Mr. Mayor: All righty, Madam Clerk, I believe we did add the Judicial Center. Mr. Kuhlke. Mr. Kuhlke: Thank you, Mr. Mayor and commissioners. I wanted to come back to you today with three agenda items for your consideration. The first agenda item is as we were meeting and after meeting with y’all the last time we got the feeling that it would be in the best interest of the city, the best interest of the Judicial Center if we were able to build the total square footage required. And going through that process and talking with the Administrator he was able to adjust the proposed budget of the Judicial Center from $55,000,000 to $62,000,000. And that additional money was available through SPLOST that he could apply to the Judicial Center. So I think the first thing that I need to ask the commission to do would be to amend the budget for the Judicial Center to $62,000,000. Mr. Grantham: So moved. Mr. Williams: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Motion carries 8-0. ADDENDUM 47. Approve Construction Manager at Risk approach for construction delivery process for the Judicial Center. Mr. Kuhlke: Mr. Mayor and commissioners, the second item we have on our agenda is to approve the Judicial Committee moving forward looking at the deliver center and our recommendation to you is for us to move along the lines of eventually hiring a Construction 41 Manager at Risk. And I’ll go briefly over what that means. We have already asked for RFQ’s for construction manager. We have already had preliminary pre-proposal meeting with everybody that’s interested in the project. And the next step then will be to get the RFQ’s that we could look at. And once we do that what we will do is probably take those proposals down to the top three proposals. At that point what we will do is to interview those top three candidates, we will receive a proposal from those and then we would come back to the commission with a recommendation and a proposed contract to move with that process. The Construction Manager at Risk, and this is a bid process, the Construction Manager at Risk at some point in time and we’re probably looking nine months down the road will then give us a guaranteed maximum price for the project. But in the meantime once we enter into a contract with them they will work hand and hand with our architects in looking at the cost as we go through, do value engineering and make changes. So we feel like that this approach is going to be the best financial approach for the city. In addition to that we feel like that we can cut up to five-months off of construction time by going by this process. So basically at this point, Mr. Mayor, I need for the commission to approve us moving forward with this approach. Mr. Mayor: Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. Bill, I’ve talked to several people that said that and I need to ask you that everything that we wanted that needed to be --- Mr. Kuhlke: I’m going to get to that next. If you’d like for me to I can speak to it now Mr. Mayor. Mr. Williams: Well and, I mean my personal opinion before we get to that approving anything I want to know what we’re going to be approving. I want to know that, it’s like the RAGU, Bill, you know when you’re making spaghetti that’s it’s all in there. Mr. Kuhlke: Do you have, does everybody have this package here? What I’d like to do, and I’ve shortened this considerably, but if you’ll turn to the first page that is a proposed site plan showing where the building would be located showing where the parking will be located. The second page in yellow shows our total gross square footage for the facility and it’s 180,339 square feet. That’s for the 2010 plan. The fourth page is a 3-D view of the site plan that shows basically how it will be located again on the site, which is at the corner of James Brown Boulevard and Walton Way. And the last page shows the estimate of the project. And what I’ll tell you about this estimate of the project we have changed the project to this extent. The total project will now not include the Judicial Court area. Juvenile, excuse me. Juvenile Court. And it will not include the Public Defender. And the reason for that is the Public Defender is already in a location, he’s satisfied there and we already own that facility. There’s been a lot of discussion about Juvenile Court maybe not being in the same area where the Superior Courts are. And so the people from Juvenile Court have been looking at a building on Broad Street Mr. Williams. It used to be the old First Federal. It used to be Judge Bowen’s facility over there. And it’s next to I can’t remember the name, what is that? Mr. Speaker: (INAUDIBLE) 42 Mr. Kuhlke: It’s next to the Department of Juvenile Justice. So it’s a natural location for them to go. So by increasing the budget that you have done what we’re going to be able to do is complete the building as we see it on here. We’re going to be able to include all the courts we’re going to be able to include the District Attorney, the Public Defender, the Clerk, the Sheriff’s Department. Some space, Solicitor, some space for the Public Defender and so as we get into that when we finish that building the outside will be completed. But as we go through the estimating part of it there may be some areas that we may have to shell out and not do initially. But from a show standpoint, Mr. Williams, if somebody comes by the building it’ll be a finished building. Mr. Williams: Well, Bill, I’m glad to hear that word shell out. I heard that word before that we ought to shell it out so that it’ll look complete from the outside but then we can add to it do what we need to do on the inside. But everybody’s in that needs to be in. Mr. Kuhlke: Everybody except those two that I mentioned. Now what I’m saying is that when you bring the CM on and you go through the, start going through the design part of it and we start developing costs because we’re still saying that we’re not sure we can finish every thing out in that building for the $62,000,000 budget. We’ll going to do the very best we can but if we have to leave somebody out of there that space will be shelled. Mr. Williams: That’s all, Mr. Mayor. I ain’t got anything else. Mr. Mayor: Can we have a motion on --- Mr. Grantham: Motion to approve. Mr. Smith: Second. Mr. Kuhlke: I guess the motion, Mr. Mayor, since I’ve gone through that is I need an approval for us to move ahead with a CM at Risk approach and the approval of the program that I just went through. Mr. Mayor: Can I get a, okay we’ve got a motion. Is there a second? Mr. Smith: Second. Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor, I need to remind Mr. Kuhlke. Did not we ask this, this body ask that y’all come back with some bids so we can look those and see where we were? What happened to that? Mr. Kuhlke: Well this is, we are going to come back to you. The CM at Risk is what we’re going to come back to you with a bid. 43 Mr. Williams: I understand. But once you select a firm whoever that is that’s going to do it whatever the bid is it’s going to be continuing on them to do, or spend down these type funds. I think with this project this ought to be an open bid type situation Bill and I’m not in the building but I got a problem with the CM part of it. I think it ought to be a regular type bid thing that we do so we can be inclusive. When you’re talking about $62 million that we’re going to be spending, or taxpayers dollars I think we’ve got to do it that way in order to make sure that everybody’s being able to be supportive. Mr. Kuhlke: Here’s what I want you to understand. Is when we bring in a CM at Risk from a cost standpoint on that it really boils down to what their fee is and what their reimbursements are. That’s one cost. And you will approve that. That’s what I’ll bring back to you. Once you bring him on and with him working --- Mr. Mayor: Or her. Mr. Kuhlke: Excuse me. Mr. Mayor: I said or her. Mr. Kuhlke: Or her, excuse me. Then we would bring them on Marion and they will then develop a cost that during the process of developing the cost it’s mandatory that they get bids on everything in that project. So you will have a bid job but what it’s doing for us is giving us the opportunity to look at the drawings as they are developed and develop the thing that will be the least expensive for us with high quality. And also --- Mr. Williams: Bill, one minute. I thought we add, Mr. Mayor, we had Heery who’s going to step in, in that. Mr. Kuhlke: He will. Heery will be working along with us as the Judicial Committee. But Heery I guess you could call him a Project Manager type firm. This is really a construction firm. Scansa is one of the, Turner is one of the construction people that came to it so we’ve got some big hitters that are interested in giving us a proposal. Mr. Russell: When we come back with them you get to approve them. You have to vote on that contract with them and then as they go forward you’ll be informed and have to maintain the votes on the other. You’ll bid out the individual projects. What this basically does is gets us about six months ahead to where we would be if you waited until the end of the process and bid out the total project. In addition to that it makes it easier for us and Heery. Us as the owners Heery as our representative to help control the costs I think. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Yeah, I just want to mention that once a CM is selected by your committee now you bring it back to us for our approval so to speak. Then he goes out and starts his process of getting the package bid. Then he will be presenting to you the committee and to us as to what the actual costs of the entire project will be. At that time is that when you the 44 committee or we the commission or who will make a decision as to what’s going to be completed what will not be completed. Mr. Kuhlke: Dave, can you speak? Normally a CM can’t come real close to that cost until the plans are about 75% or 80%. Seventy-five? Okay. That’s the reason why I said it may be six months --- Mr. Grantham: Right. Mr. Kuhlke: --- longer, maybe nine months before we bring that back to you. But yes. Mr. Grantham: As these steps are put in place they’ll be presented back to us for an approval for them. Mr. Kuhlke: Absolutely. Everything’s got to be approved by y’all. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Kuhlke, if we approve this I believe what you’re trying to tell us is that we will start construction six months earlier. Mr. Kuhlke: The project will be through six months quicker. Mr. Brigham: It will be through six months quicker? Mr. Kuhlke: Quicker, yes. In fact --- Mr. Brigham: So when will we likely start construction. Mr. Kuhlke: Well --- Ms. Beard: In about a year. Mr. Kuhlke: It’ll be about a year. Mr. Mayor: 2008. Mr. Kuhlke: It’ll be about a year and the completion of it is sometime in 2010, I think isn’t it, Dave? Mr. Mayor: Commissioner Beard. Ms. Beard: I’d just like to mention that I did speak with Heery and they support this approach. Mr. Mayor: Commissioner Williams. 45 Mr. Williams: Thank you again, Mr. Mayor. I’m still a little bit confused as to how this is going, how this is going to pan out. Now we just tried to pass some orders that we didn’t pass and make sure local participation, not disadvantaged but local participation. How we going to know as elected officials that the local is going to have an opportunity to get some of this work to bid on this kind of stuff if we go with that. Mr. Kuhlke: I think we will structure it through the committee and through the Purchasing Department that there will be events held for local subcontractors to come in and meet the CM and have that opportunity to present a bid. Mr. Grantham: Motion to approve. Ms. Beard: Second. Mr. Mayor: Actually we had a motion and a second all ready. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Harper votes No. Mr. Williams abstains. Motion carries 6-1-1. Mr. Kuhlke: Thank you, Mr. Mayor. OTHER BUSINESS 44. Motion to go into a Legal Meeting. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. Mr. Mayor: Thank y’all. Mr. Boudreaux, do we have legal matters to attend to? Mr. Boudreaux: Yes, we do. We have matters regarding pending and potential litigation to discuss in legal session. Mr. Mayor: Can I get a motion to go into Legal? Mr. Grantham: Yes, so moved. Mr. Mayor: We have a motion. Is there a second? Mr. Smith: Second. 46 Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 8-0. Mr. Mayor: We are now in Legal. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on November 8, 2007. ______________________________ Clerk of Commission 47