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HomeMy WebLinkAboutCommission Meeting December 18, 2007 REGULAR MEETING COMMISSION CHAMBER DECEMBER 18, 2007 Augusta Richmond County Commission convened at 2:04 p.m., December 18, 2007, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Harper, Grantham, Hatney, Beard, Williams, Cheek, Bowles and Brigham, members of Augusta Richmond County Commission. The invocation was given by the Reverend Alexander Smith, Pastor, Tree of Life Church of Christ. The Pledge of Allegiance to the Flag of the United States of America was recited. The Clerk: Pastor Smith, on behalf of the Mayor and members of the commission, we’d like to present you with this token of our appreciation for you being with us today and imparting that powerful prayer on our behalf. God Bless you and Merry Christmas. Reverend Smith: Thank you so much. Thank you so much. (APPLAUSE) Mr. Mayor: Thank you so much. Reverend Smith: I’m so honored. I’m so very honored. Mr. Mayor: Thank you. All righty, Madam Clerk, I think we’ve got some special presentations to make. The Clerk: PRESENTATION(S) A. Presentations honoring out-going members of the Augusta Commission, Honorable Andy Cheek, Bernard Harper and Marion Williams. The Clerk: Yes, sir, Mr. Mayor. Mr. Harper, Mr. Cheek and Mr. Williams would you please join the Mayor down in front? I’ll share the inscription. It says Augusta Georgia salutes and sincerely thanks Commissioner Andy Cheek, Commissioner Bernard Harper, Commissioner Marion Williams for their outstanding dedication and service on the Augusta Commission th presented by the Augusta Commission this 18 Day of December 2007. Mr. Mayor: And we will present y’all with those beautiful plaques but for those gathered here we just had a special reception to honor these men and I said then and I will say it again. I don’t think everybody fully understands what it means to hold yourself out for public service. These folks get calls 24 hours a day. You know it is a difficult thing to go through and so I just want to offer my sincere thanks, my appreciation for their service to the City of Augusta and I ask that we all give them a round of applause. (APPLAUSE) If y’all would like to say a few words I’ll --- 1 Mr. Harper: Thank you, Mr. Mayor. It’s been an honor and a pleasure for me to able to serve with my fellow commissioners and the Mayor and working with some great county workers we have here. And it was an experience and one that I will never forget. I will always make myself available should I be needed to help make sure this community moves itself forward. I plan to be very active. I have some projects that I’ve begun to work on and I look forward to continuing that. But once again it’s been a real pleasure to work with our fellow commissioners and Mr. Williams, Mr. Cheeks and myself we’ll be out-going but it’s been a real pleasure. Thank you. (APPLAUSE) Mr. Cheek: First off, I’d like to thank God for the opportunity and the constituents of District 6 for being able to serve the people of Augusta. It’s been an honor and a privilege to sit in the people’s seat and be able to make Augusta a better place. I’m not going to go into a lot of details on I guess a couple of things I would like to mention as proud accomplishments for me are the Diamond Lakes Community Center and Library projects and hope saving the Canal and the Diversion Dam just to name a few things that was possible not because of me but because of this commission and all the members thereof. I leave with the comfort of knowing that there’s a man coming into my seat that will I hope and I think will actually list every accomplishment that I’ve been able to achieve and that helps me sleep better at night knowing that the reins are being handed over to someone that is of a greater caliber of man than I am and that’s Mr. Joe Jackson. Thank you all and it’s been an honor and a privilege to serve with all of the members of this commission and I pray for you for and will continue to be available for service that you should ever need me to help anywhere. (APPLAUSE) Mr. Williams: To the Mayor and the rest of the commission I truly thank you for having the opportunity to work with you. I thank the 2600 employees of this government. I thank the City of Augusta. I especially thank the people in District 2 for allowing me two terms to work as commissioner. I know some folks today is going to be glad, Mr. Mayor, some going to be sad. But nevertheless I thank God for the opportunity to work. I did the best job that I know how to do. I tried to stand on what I believe in and if I believed it was right I believed it was right. That doesn’t make me right it just makes me be compassionate about what my beliefs are. I thank the District again for the things that we accomplished. We accomplished a lot of things I’m not going to go into those. If anybody that wants to look around and see some of the things I can see a great difference in that. But I just thank God for the opportunity to be able to serve. I pray that this city will continue to grow. We’re the second largest city in the State. There’s now time to look at and think like the second largest city. My good friend Sylvia Cooper I made a statement earlier this morning I’m going to make it again. She made my name a household name and maybe that’s not good in some corners but I just thank God for the opportunity, I thank God for the criticism because some of that criticism made me a better person. Some of that I don’t think I deserved but nevertheless I’m just grateful to have this opportunity. And I pray that this city will continue to grow and let people come in and know that if you come to Augusta you’re coming to a city that’s going to treat you fair. We would expect you to do what’s right because we’re going to do what’s right. So I just thank you again, Mr. Mayor, for this opportunity to be able to serve as a commissioner for eight years. Thank God and bless all of you. (APPLAUSE) The Clerk: 2 RECOGNITION(S) Employee of the Month B. Mr. Kevin Joyner, Inspector, Utilities Department, November Employee of the Month. The Clerk: As Mr. Russell gets the remaining members of the family I’ll read the letter recommending Mr. Joyner. Dear Mayor Copenhaver. The Employee Recognition Committee has selected Kevin Joyner as the November Employee of the Month for the City of Augusta. Mr. Joyner has been an employee with the City of Augusta for fourteen years. He is currently an inspector with the Utilities Department and he was nominated by co-workers Lewis Griffin and Mark Reeves. Mr. Joyner transferred to the Utilities Department from Traffic Engineering. His recent accomplishment, the Fairington Subdivision Sewer System, was handled with patience and tact keeping the homeowners updated and keeping complaints to a minimum. He is a great asset to the City of Augusta and will strive to do a great job. The committee felt that based on these nominations and Mr. Joyner’s dedicated and loyal service to the City of Augusta we would appreciate you joining us in awarding Kevin Joyner Employee of the Month for the month of November. Thank you. (APPLAUSE) Mr. Mayor: Dear Mr. Joyner. On behalf of the City of Augusta it is with great pleasure that I congratulate you for being recognized as the Employee of the Month for November 2007. Your contribution to your organization, Augusta Richmond County Government and the citizens of Augusta has earned you this recognition. I appreciation your willingness to go above and beyond the call of duty and your outstanding work ethic. You are truly and asset to the Augusta Richmond County Utilities Department and the citizens of Augusta Georgia. Please accept my personal congratulations on this wonderful award. You are truly deserving of this recognition. Sincerely yours, Deke Copenhaver, Mayor. (APPLAUSE) Mr. Smith: Thank you, Mr. Mayor. As Chairman of the Engineering Services Department I am delighted that we have young people like this just coming in and taking over our responsibilities as leaders of our 2600 employees. And, Kevin, I can’t say enough about what you’ve done and what you will do and how far you will go. But we ask God’s blessings upon you and thank you for everything you’ve done. (APPLAUSE) Mr. Cheek: Mr. Mayor, if I may. Also when we started the expansion of the sewer systems out in the Fairington, Horsepen Truck Line down New Karleen Road and Travers Road in that entire area you guys have delivered a service that is unparalleled in this country with the way you interfaced with the public, the way you execute things in a timely manner and I’m proud to say as far as I’m aware that y’all have been on schedule, on budget and have made the people feel very, it’s hard to convince people when you have mandatory sewer tie ins. But it’s been as painless as it could be because of your efforts in the great job you guys have done in comparing what you do here in Augusta to what is done in other parts of this country as a hole. Y’all are some of the finest workers and you are a fine example of that young man. Keep up the good work. (APPLAUSE) 3 Mr. Thies: One of the things I said about Kevin when he received the notice department wise Utilities Department at our character meeting was that one thing about his character is he’s always upbeat, always very positive and a lot of energy. And he serves the city well. He keeps everyone; everyone around him has a good attitude. I can’t remember Kevin coming to work, you know, down, depressed or just not motivated. That’s not him. And he has a way, which is his persona also affects the people around him. And we’re just proud to have him and glad that he received the award. (APPLAUSE) Mr. Mayor: And, Madam Clerk, I’m going to do a point of personal privilege here. This just goes along with Mr. Cheek’s comments as to what great employees we have. I want everybody in this room to know that our employees, we found out this week gave $7,000 more this year to the United Way than last year. So all the employees in here thank you so much, you deserve a tremendous amount of credit. But I did want to make people aware of that this holiday season. (APPLAUSE) The Clerk: DELEGATIONS C. Mr. Arthur Marshall, Custom Contractors & Association, Inc. RE: Deed/Easement at 2413 Budapest Court. Mr. Mayor: Former Georgia great and NFL football star Arthur Marshall. Arthur, if you could keep it to five minutes, please, sir. Mr. Marshall: Okay, lame foot right now as well. I’m here to ask for some assistance at 2413 Budapest Court. To keep it under five minutes a brief history. Custom Contractors and Associates Inc. were present. We partnered with Promised Land Community Development Corporation, which is a CHDO, a city CHDO to develop South Augusta, Barton Chapel Road, more specifically Gordon Woods Barton Village, the McDuffie Woods area. And we built and remolded between 50-70 houses. 80 or 90% of that has been new construction. We’ve actually had a lot of complaints from homeowners over there about raising the property taxes. Calling my office upset with me about all the new construction going on over there. We’ve been doing thousands of dollars worth of stuff in the area. We’ve developed, we started to develop this recently a new section in the back of Barton Village, Gordon Woods area and Habitat for Humanity they promised land, nine lots and we went in and developed those nine lots in the back of the cul-de-sac on Budapest Court and there were nine lots back there. There was one lot that we showed on our plat that had an easement on it running through the center of the yard. Because of my experience in the past in buying property in Richmond County I bought some property in Sandridge Subdivision in the back of it. When I went to the Water and Sewer Department to get a plat it showed it had a sewer on the property. Come to find out it did not have a sewer on the property it was a proposed plan for a sewer somewhere in the future but did not in our sales proposed plan. So I wanted to make sure on this property on this lot that the easement was still alive. We contacted the building department License and Inspection twice to come out there and look at it. One of my superintendents actually went out there. I did not go myself but they kept me abreast of what was going on. It’s the first lot in these nine to make a long story short come to find out after we had the company twice they said there is no easement 4 on there. We talked to who ever we needed to talk to and it must be a dead easement. We have a builder permit on the other eight lots that were dated in February. It took a little over a month to resolve the issue in our mind about that first lot that we have that we have received in March. Well sometime in the future after the houses are built the plat was CO’d we couldn’t give us a CO because there’s an easement there. So we went over that it should’ve been resolved. Well in our partnership with Promised Land we went to develop eight lots in front of this, right across the street from this property that’s pretty much adjacent to it. At that time Robbie Thomas’ office called and said hey there’s an easement on that house. I can’t give you a CO until you guys move that thing. We said we were told it wasn’t there. So we spent $1,500 on engineers to come out there to research it they said well there is an easement there. They said okay well we’re developing and other six or seven lots behind it if it’s not too much money we’ll just take care of it then. It shouldn’t be a problem. Well from the design it’s about a $25,000.00 fix. As you know houses in that area barely approach $100,000.00. There is no, it cost us two or three houses worth of property and overhead to fix that, to repair that situation. Then I talked to a good friend of mine who’s no longer with us, Robert Oliver, and explained the situation to him several months ago and he said Arthur I understand where you’re coming from that particular area was done 2-30 years ago and it was not done properly then. Somebody let somebody get away with some shoddy engineering. It should not be going through that yard it should be going down the middle of the street like it’s supposed to. I said I understand. He said let me make some phone calls, I’ll get back with you. He said he made some phone calls got back with me said there’s still some issues I’ve got it resolved I’ll get back with you later. As most of you guys know Robert began to get sick and he’s not with us anymore. I’m not saying Robert said the county would take care of it. I’m just giving you the history of the issue that we have to deal with over there. Well now because the house was done across the street I received a call saying that if we don’t move that sewer line over there that’s about two or three feet, the house is about two or three feet on the easement on the ten foot easement that they’re going to shut down the work that’s being done across the street. I said well that’s not fair. I shouldn’t have to pay $25,000.00 to fix something that was, we were told by the county was not an issue it was a dead easement. And I met with Robbie Thomas and another sewer department official out there and he said did you get it in writing Arthur. I said well to me I got it in writing I got a building permit from the county saying that we could build on this lot. And he said did you get it in writing that you could actually, that there was no easement there. I said Robbie as many house’s we’ve built in Richmond County, Columbia County I can’t go get a letter from every department saying there’s no easement on every piece of property we build on. That doesn’t make any sense. And this is where we are today. I’m asking the county if they can make some concessions for that utility that’s on three foot of that easement that’s on that house that we were already told was a dead easement and issued a building permit a month later. Mr. Mayor: Okay. Mr. Brigham: Mr. Mayor I make a motion we sent this to the Engineering Committee. I don’t think we’re going to get this resolved today. Mr. Mayor: Can we have a second? Ms. Beard: I’ll second that. 5 Mr. Mayor: We have a motion and a second. Mr. Cheek. Mr. Cheek: Mr. Mayor, early on in my tenure we had to resolve an issue similar to this to where we actually had a house on Richmond Hill Road constructed with 3-feet of easement in the bedroom. And so this goes back to the sins of the past and I certainly hope that we can get this corrected where you can move on and do your work because there was a lot of shoddy stuff done in the past. Mr. Holland: Mr. Mayor, we couldn’t hear the motion on this end down here. Mr. Mayor: The motion was to refer it to Engineering Services just due to the fact we didn’t think we’d get it resolved today. Mr. Holland: Okay. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Mr. Mayor, I just hope that Fred and the city workers will work with Mr. Marshall and not prevent him from furthering the other construction projects in the neighborhood while this is being resolved. Mr. Mayor: I agree. Mr. Russell: (INAUDIBLE) Mr. Mayor: Okay, thank you and good to see you, Arthur. Mr. Marshall: Thank you. 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 10-0. The Clerk: DELEGATIONS D. Mr. John D. Watkins, RE: Augusta Riverwalk. Mr. Watkins: Thank you, Ms. Bonner, Mr. Mayor. Mr. Mayor: And, Mr. Watkins, if you could keep it to five minutes, please, sir. Mr. Watkins: I’ll do my darndest. First of all I want to thank Ms. Bonner for giving me this opportunity to come before the commissioner on a vital issue that I worked with about forty 6 years ago. But first of all I want to tell you that you have a gem in this young lady right here. I was shocked to find out how intelligent she is. And this may be funny to you but if you had talked me and Martin Luther King when we talked to each other you would’ve been right at home --- The Clerk: Thank you. Mr. Watkins: --- because you were gracious, you were intelligent, you were intuitive and you’re analyses were good. The Clerk: Thank you. Mr. Mayor: You’re cutting into your five minutes. Unless you’re going break out a ring I suggest you move on. Mr. Watkins: Okay. Well, I come here before you because I heard, either I heard or I saw something on TV about putting a picture on Riverwalk of Mayor DeVaney. And every time I come to Augusta, I’ve been living in Atlanta I always go to Riverwalk. I remember Nancy Anderson and how diligently and how fearlessly she worked to accomplish that project. Married, I think she had five children and I have several children and I would meet her coming in the Court House or either I was going out. I want to ask you, Mr. Mayor, and the commissioners to name Riverwalk, Nancy Anderson Riverwalk at Augusta. I hope you will consider it because I think that credit should be given where credit is due. And no person, no person has contributed more to Augusta and its beauty than Nancy Anderson. This is a gem. I wish Martin could’ve seen it. It’s a gem in your community, Riverwalk and I hope you take the advantage of naming it after her so that people, men and women particularly can look at Riverwalk and look at the person who was responsible for it and try to do something that is constructive, something that improves the quality of life for those who come behind you. And if you don’t do that you’re not really rendering a service to the constituency that you represent. But Nancy she really did it. My hat is off to her and I hope that you will consider naming that project Nancy Anderson Riverwalk at Augusta. Thank you. Mr. Mayor: Thank you, sir. Mr. Smith: Mr. Mayor? Mr. Mayor: Commissioner Smith. Mr. Smith: Sir, would you consider adding Lena Bonner’s name to the end of that? Mr. Watkins: I think she is in a different category. Lena Bonner knows, she knows what the government was. She knows what government is and she knows what government ought to be, okay? Thank you, sir. Mr. Holland: Amen. 7 Mr. Mayor: Amen. Madam Clerk, if we could move on to our consent agenda. The Clerk: Yes, sir, Mr. Mayor. Our consent --- Mr. Mayor: If you’ll stop blushing. The Clerk: Our consent agenda consists of items 1-7. Consent agenda items 1-7. For the benefit of any objectors to any of our Planning commission petitions I will read those petitions. If there are any objectors, would you please signify your objection by raising your hand? Item 1. Is a petition for requesting a change of zoning from a Zone R-1C (One-family Residential) to a Zone B-1 (Neighborhood Business) affecting property located at 1378 and 1384 Laney-Walker Boulevard. Item 2. A petition with conditions for a change of zoning from a B-1 (Neighborhood Business) to a Zone B-2 (General Business) affecting property located at 904 & 908 Hephzibah-McBean Road. Item 4. For Special Exception for Agriculture Zone. Item 5. Is for a one-family residential zoning ordinance amendment. The Clerk: Are there any objectors to and of those Planning petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Okay, Mr. Mayor, I offer to you as of right now consent agenda items 1-7. Mr. Mayor: Okay, first off let’s start. Does anybody want to pull any of the seven consent agenda items? Are there any items to be pulled for discussion? Okay hearing none and this is the part I’m looking out for y’all now, do we have any items to be added to the consent agenda today? I see a lot of hands go up. Commissioner Brigham. Mr. Brigham: Mr. Mayor, I offer item number 27, 28, 29, 31, 32, 33 and I would like to deny the request on 35 and if that’s not possible I’d like to send that to committee. Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, I’d like to offer if it pleases the body items 25 and 26 to the consent agenda. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Mr. Mayor, under the Public Services Committee I’d like to offer item number 9, 10, 11, 13, 14, 16, 18 and 19. Mr. Williams: Mr. Mayor, I’ve got a little problem with --- Mr. Mayor: Commissioner Williams. 8 Mr. Williams: --- I need some clarification on item number 11. I’m not opposed to that I just need some information as to what exactly it’s going to be. I’ve taken place with that. Just need some clarification on number 11. Mr. Mayor: Okay. Mr. Grantham: Mr. Mayor, I failed --- Mr. Mayor: Commissioner Grantham. Mr. Grantham: --- to include 15. We need to do that. Mr. Holland: Mr. Mayor? Mr. Mayor: Commissioner Holland. Mr. Holland: Under the Administrative Services item number 21. Mr. Mayor: Commissioner Smith, did you have your hand up? Mr. Smith: Thank you. I would like to include item 36, 37, 38, 39, 40, 41, 43, 44, 45, 46, 47, 49, 50, 51 and 52. Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, did anyone suggest item 53? It looks like a pass through grant. Item 53? Mr. Grantham: Item 53 should’ve been. The Clerk: Yes. Thank you. Mr. Grantham: Yes, thank you. Mr. Russell: Mr. Smith and Mr. Mayor, 50 is regarding the solid waste bill and I would like to have that referred to committee for some action as opposed to being taken care of here. Mr. Mayor: Mr. Smith, are you okay with that? Mr. Smith: Yes. Mr. Williams: Mr. Mayor. Mr. Mayor: Commissioner Williams. 9 Mr. Williams: Can somebody tell me a little bit about 52 before we, we did not have a committee meeting I understand at all last week for different reasons but item 52 a change order for $420,000.00. Can somebody elaborate on that now? Can we pull that just to get some information as to --- Mr. Mayor: Can we get some --- Mr. Williams: --- can we get some clarity --- Mr. Mayor: Abie, number 52. Mr. Byne: During the replacement of the main interceptor we ran across one of our larger water lines in the area. The engineering design originally called for cut, remove and replace. As the Mayor and several people were called and we tried to shut that line down for three hours to do an emergency valve insertion. The business in that area and a lot of the large industries rely on that line for water service. As a result we had to replace it in an emergency fashion. We went in there and had a daily rate program already in place. We went ahead and installed an entirely new water line in order to get out of the way of the existing contractor. And it came in at about half the cost that was quoted to me by the existing contractor. Mr. Williams: And, Mr. Mayor, I guess my problem with it when you’re talking about $420,000.00 in an emergency and that’s half of the cost if there’s a break in a line and I don’t, I don’t know anything about it but I just find it unusual to approve and then bring it back to us for $420,000.00 in a change order. Is that going be, is there anything else and I know we got the money in water works and because we got the money we’re spending it and we got to use it to spend it like we do everything else in this government. I’m not on you I’m just asking a question. Mr. Byne: I understand where you’re coming from. It’s a very large change order --- Mr. Williams: Very large. Mr. Byne: --- you hadn’t anticipated. When we shut that line down we risk Columbia Nitrogen Drive being out of water and FPL Foods being out of water. So they lose production during the time that line is out. I didn’t like the alternatives but faced with shutting down several of our major industries over that cost I felt like it was expedient to go ahead and replace that line. I was going to replace it anyway. It was a longer term line replacement and I don’t like the way I had to do it but you know I did it as I felt it was an emergency and on the behalf of the city. Mr. Williams: And, Mr. Mayor, my last comment is they did some work on a line close to my home and they came by and notified me the hours that it was going to be shut down and left a note on the door. I think every neighbor got that and I think that’s really nice of the people to do that. When we went into a situation like that somebody should have known that there’s a possibility and something should’ve been done. This commission can’t continue to vote on and it’s already spent and it’s already done. It’s too late, there’s no alternative now but to pay it. But 10 I just think that this body ought to be mindful of how we spend $450,000.00 with the drop of a hat. Mr. Byne: It was put forth in the engineering design and we really didn’t realize the necessity of it until it came down to cutting that line out, the delay. They’re laying large diameter pipe through that area. It was going to be a longer delay than we anticipated. It would’ve put the entire area out of water and the industries would have been affected and it was just a situation I didn’t feel it was desirable for the city. Mr. Mayor: Okay. Commissioner Holland. Mr. Holland: Have you all finished? Mr. Byne: Yes. Mr. Holland: Under the Administrative Services, Mr. Mayor, we want to refer items 22, 23 and 24 back to committee. They haven’t been discussed. The Clerk: (INAUDIBLE) Mr. Holland: Items 22, 23 and 24. The Clerk: Back to committee? Mr. Holland: Back to committee, yes, ma’am. Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, under item 52 I guess in the guise of housekeeping is to follow up on to what was said. There are tens of millions of dollars per hour at stake if we lose that road or those industries along that road. Some time in calendar year ’08 we need the secondary road completed for emergency access because the same type of problem will occur if we have release or that rail line which is scheduled for replacement over four years ago finally gives up or gets replaced. That shuts them down so I would hope the commission would follow up with not only with making sure that these businesses stay operational but get moving on that emergency access language is just as important as the water line. Mr. Mayor: Absolutely. Okay, I think if we do we have any further to be added to? Okay, Madam Clerk, could you read that list back? The Clerk: Yes, sir. Consent agenda items 1-7 with the additions of item number 9, 10, 13, 14, 15, 16, 18, 19, 21, item 22 being referred back to committee, 23 committee, 24 being referred back to committee. Item number 25 consent, 26, 27, 28, 29, 31, 32, 33, item 35 for denial, item 36 consent, item 37, 38, 39, 40, 41, 43, 44, 45, 46, 47, 49. Item 50 back to committee, item 51, 52 and 53. 11 Mr. Mayor: Can I get a motion to approve the consent agenda? Mr. Cheek: So moved. Ms. Beard: Second. Mr. Williams: Mr. Mayor? Mr. Mayor: Commissioner Williams. Mr. Williams: Item 35, I think there’s someone here to address that. Before we deny that it’s on this agenda. We didn’t have a committee meeting. Before we deny it I would love to hear from both sides on that. I know Mr. Brigham wants to deny it but --- Mr. Mayor: Okay. Mr. Williams: --- I need to. Mr. Mayor: Okay, pulling off number 35. Mr. Williams: Eleven and 35. The Clerk: Eleven, yeah I had number 11. Mr. Cheek made a motion and Ms. Beard, you seconded that, the consent agenda? Ms. Beard: Yes, I did. The Clerk: Okay, thank you. CONSENT AGENDA PLANNING 1. Z-07-103 – A request fro concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Antioch Ministries requesting a change of zoning from Zone R-1C (One-family Residential) to Zone B-1 (Neighborhood Business) affecting property containing .26 acres and is known as 1378 and 1384 Laney-Walker Boulevard. (Tax Map 046-3 Parcels 260 & 261) DISTRICT 1 2. Z-07-105 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the following condition 1) the use of the property shall be limited to a convenience store or those uses allowed in a B-1 Zone; a petition by Bill Fulcher, on behalf of Susan J. Faircloth, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing approximately 1.8 acres and is known as 904 & 908 Hephzibah-McBean Road. (Tax Map 354 Parcels 005 & 152) DISTRICT 8 3. ZA-R-183 – A request for concurrence with the Augusta-Richmond County planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County by amending Sections 12 and 13 (R-1D and R-1E One-family 12 Residential) of the Comprehensive Zoning Ordinance for Augusta-Richmond County by adding 12-10 and 13-14 pertaining to buffer yards. 4. ZA-R-184 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County by amending Section 7 (Agriculture) by adding 7-2 (a) to allow Recreation Vehicle Parks by Special Exception in an A (Agriculture) Zone. 5. ZA-R-185 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County by amending Section 8-4 (R-1 One-family Residential) pertaining to standards for accessory buildings. 6. FINAL PLAT – WHEELER LAKE, PHASE 6-A–S778 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Southern Partner Inc., on behalf of ATC Development Corp., requesting final plat approval for Wheeler Lake, Phase 6-A. This residential townhome development is located on Wheeler Lake Road, adjacent to Wheeler Lake, Section 4. PETITIONS AND COMMUNICATIONS 7. Motion to approve the minutes of the regular meeting of the Commission held on December 6, 2007. PUBLIC SERVICES 9. Motion to approve the amendment to the 2007 Airport Budget. 10. New Ownership Application: A.N. 07-53: A request by Johanna C. McPeters for an on premise Liquor, Beer & Wine License to be used in connection with the Wooden Barrel Lounge located at 3317 Peach Orchard Rd. District 6. Super District 10. 13. New Ownership Application: A.N. 07-55: A request by Sun Evans for a retail package Beer & Wine license to be used in connection with Raceway 921 located at 3224 Deans Bridge Rd. District 5. Super District 9. 14. Motion to pre-approve the acceptance of a Federal Aviation Administration (FAA) grant. 15. Motion to approve the contract between Meco of Augusta and Augusta Regional Airport for the construction of the new airport fuel farm. 16. Motion to accept a grant award from the National Recreation and Park Association, in conjunction with the National Football League, in the amount of $2,500.00. 18. Motion to approve the Landmark Aviation – Landlord’s Access Agreement. 19. Motion to approve the selection of Republic Parking for the Management, Operations & Marketing Services for the Public Parking Facility for the Augusta Regional Airport. 21. Approve Disability Retirement of Mr. William Dixon under the 1977 Pension Plan. PUBLIC SAFETY 25. Motion to approve the First Amendment to Agreement for Augusta-Richmond County Emergency Medical Ambulance Services. 26. Motion to approve the renewal of Sentinel Offender Services Contract. 27. Approve 1998 Augusta Money Purchase Pension Plan Amendment to provide payment for market value adjustments; Ordinance to adopt new Defined Benefit Plan (Reopen 1977 Act and GMEBS Pension Plan merged); Ordinance to Adopt new Defined Contribution Plan. 13 28. Motion to approve refund recommendation from the Board of Assessors for 2 accounts. 29. Consider a request from the Human Resources Department to amend the current contract with GEBCorp to allow fees to be withdrawn from a forfeiture account instead of the City writing a check to pay the fees for canceling the contract. 31. Consider a request from Mr. John Carswell, Jr. regarding a refund of taxes associated with the overstatement of living area in the residence at 407 Brookside Drive. th 32. Motion to approve purchase of tickets for the 34 Annual Dr. Martin L. King, Jr. Freedom Fund Banquet. (Requested by Mayor Pro Tem Betty Beard) 33. Consider a request from Mr. Robert W. Lamb regarding an adjustment on his 2005 and 2006 taxes for property located at 2344 Kings Way. ENGINEERING SERVICES 36. Authorize the Engineering Department to continue the 319 (H) Grant to the 2007 and 2008 budget respectively in the amount of $160, 210. This grant provides technical support for the section 319 (H) point source implementation grant previously awarded to and accepted by Augusta from the Georgia Department of Natural Resources-Environmental Protection Division. 37. Motion to approve an Option for Right-of-Way between Zachary Mead as owner, and Augusta, Georgia, as optionee, in connection with the Alexander Drive project, for acquisition of 0.011 acre (485.20 sq. ft.) in fee and 0.005 acre (209.97 sq. ft.) of permanent construction and maintenance easement (2817 Brickrun Way) for a purchase price of $32,400.00. (Acquisition of Right of Way and Easement – Alexander Drive Project; GDOT Project No. STP-0001-00(794), ARC Project No. 323-04-296823215) 38. Motion to approve an Option for Right-of-Way between Wayne Schultz as owner, and Augusta Georgia, as optionee, in connection with the Alexander Drive Project, GDOT Project No. STP-0001-00(794), ARC Project No. 323-04-296823215, Project Parcel 21 and 23 (Tax Map 013-1, Parcel 008), for 0.182 acre (7,952.96 sq. ft.) in fee and 0.076 acre (3,293.23 sq. ft.) of permanent construction & maintenance easement (1054 Alexander Drive) for a purchase price of $68,835.00. 39. Approve a change order from W.K. Dickson in the amount of $150,000 to collect GIS/GPS information for the Fort Gordon project. 40. Approve funding for relocation of water mains and sanitary sewer lines to be placed under new pavement in the area of construction. 41. Approve Construction Project Budget Change Number Four CPB 323-04-299823999) for the Augusta County Regional Flood Control Feasibility Study in the amount of $250,000 to be funded from SPLOST Phase III Recapture as requested by the Engineering Department. 43. Approve award for changes in estimated cost in the amount of $237,264.00 to Georgia Department of Transportation in order to incorporate changes in material costs between estimate and award of final bid. 44. Approve award for Additional Design Services in the amount of $36,900.00 to Johnson, Lashober & Associates, P.C. (JLA) in order to incorporate changes in design requirements to the Highway 56 24-inch Water Main Extension at the construction stage. 45. Approve award for Additional Design Services in the amount of $55,472.00 to Williams- Russell and Johnson (WRJ) in order to incorporate changes in design requirements to the Gordon Highway 30-inch Transmission Water Main at the 30% stage of design. 14 46. Motion to authorize condemnation of a portion of property, which is owned by CSX Transportation for .57 Acre for a Permanent Easement and .23 Acre for a Temporary Easement. AUD Project: 10151-630 Water Main, Phase 2. 47. Motion to authorize condemnation of Parcel #065-0-053-01 3912 Murray Street, which is owned by Eric Fitzgerald for 1,750 sq. ft. for a permanent easement and 5,075 sq. ft. of temporary easement. Belair Hills Subdivision Improvement Project. 49. Approve funds in the amount of $100,000 to Homeland Securities Products & Services for the retrofitting of fire hydrants with the Davidson Anti-Terrorism Valve (ATV). 51. Approve the purchase of an agricultural tractor from Burke Truck and Tractor, the lowest responsive bid, in an amount of $77,954. 52. Ratify Change Order to Daily Rate Construction Program for Emergency Line Replacement on New Savannah Rd. for $420,000.00. PETITIONS AND COMMUNICATIONS 53. Motion to ratify pass-through grant agreement between the State of Georgia Children and Youth Coordinating Council and Augusta, Ga. on behalf of Augusta Partnership for Children. (No matching funding required) Mr. Mayor: Okay we have a motion and a second. If there’s no further discussion commissioners will know vote by the usual sign. Mr. Hatney abstains. Motion carries 9-1. [Item 10 and 13] Motion carries 10-0. [Items 1-7, 9, 14-16, 18-19, 21, 25-29, 31-33, 36-41, 43-47, 49, 51-53]. The Clerk: Item 11. Do you want to go to the pulled items, Mr. Mayor? Mr. Cheek: Can we have item 8? Mr. Mayor: Item 8, was that? The Clerk: Eight, under the regular agenda, Planning Commission. The Clerk: PLANNING 8. Z-07-102 – A request for concurrence with the Augusta-Richmond County Planning commission to approve with the following conditions 1) the Special Exception shall be limited to the trans-loading of sodium bi-sulfite solution and manufacture of Aqua ammonia solution. Components to manufacture aqua ammonia would be stored on site in storage tanks; 2) the site will be in full conformance with the Augusta-Richmond County Flood Ordinance which will require all buildings and equipment to be a minimum of three (3) feet above the base flood elevation before a Business License shall be issued; and 3) 24 hour security, which may consist of monitored security cameras or personnel on site, shall be maintained at all times; a petition by Southern Ionics requesting a change of zoning 15 from Zone A (Agriculture) to Zone HI (Heavy Industry) with a Special Exception per Section 24-2 to allow an inorganic chemical manufacturing plant affecting property containing approximately 8.9 acres and is known as 1724 Lumpkin Road Extension. (Tax Map 111 parcel 023) DISTRICT 2. Mr. Mayor: Mr. Patty. Mr. Russell: Mr. Mayor, if I can we’ve still got several people --- Mr. Mayor: Mr. Russell. Mr. Russell: --- in the audience that probably don’t need to be here. Instead of going through the agenda that we took care of the Clerk might read the items that are still outstanding. That might help us deal with the audience a little bit. If that’s okay. The Clerk: I think those that are here relative to alcohol petitions and planning petitions other than the Lumpkin Road Extension those items have been resolved by the Commission so you’re free to leave. What are you here for Ma’am? Ten? It was approved. Ten was approved. Alcohol petitions for the Wooden Barrel Lounge, Raceway, you’re free to go and our Planning Petitions other than the Lumpkin Road Extension, unless you want to see your government in action. Mr. Mayor: Commissioner Hatney. And Merry Christmas to you by the way. Commissioner Hatney. Mr. Hatney: I abstain on the alcohol. The Clerk: For the record Commissioner Hatney abstaining on the alcohol petitions. Mr. Mayor: Everybody still good? The Clerk: Yes, sir. Mr. Mayor: We’re moving fast up here so it’s kind of, Mr. Patty. Mr. Patty: This is a location. I’ve got an air photograph if anybody wants to see it. It’s a location on Lumpkin Road the south side of Lumpkin Road almost to the Doug Barnard Parkway. It’s property that’s 8.9 acres. It’s a tract that’s been used as a propane distribution center for a long, long time. It’s got a bunch yeah the red is the tract. It’s got a bunch of tanks that are buried and as a result there’s a hill about 10-feet tall. And what the applicant wants to do is come in there and do some very simple chemical processes that would be located on that hill and out of the potential flood plains. We did not have any objectors to this but I wanted to put it on the regular agenda I guess post-granted Bill maybe but um, while there’s some industry around it the area is not zoned for industry and the industries are not performing uses. The tank farm probably predated the zoning board since 1963. The other uses which are salvage yards for the Southeastern Equipment, all the old surplus army equipment’s out there stored, those all 16 predate the zoning board and there’s very little of it zoned for heavy industry that is used for heavy industry. The applicant swore to do, when they came to us they wanted to do three things and chemical plants and those sorts of things are allowed in a HI zone but one of the three things they indicated they wanted to do pretty clearly in my mind required special exceptions well so before you as a HI zoning with special exception. If you look at the aerial photograph you will see that while it’s been used for heavy industry most of the usages immediately around it are industrial. It is within slightly more than half a mile from the residential subdivisions located to west of Mike Padgett Highway. We did extensive discussions with our environmental people our emergency people, consultant engineers representing these folks. I am convinced that the processes that they want to conduct are safe. That the chemicals individual are in the combination that they want to use are much lighter than air and will quickly become airborne and evaporate if they were released. They’ve taken all the proper precautions and with the conditions that you see in front of you I think it is safe and we recommend you approve it. Mr. Mayor: Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. I’d like to say that this is not a new business. These people have been in business in Augusta for several years and they’ve outgrown their location and this is a new location and they are investing a lot of money in it. And it’s right next to a railroad track, which makes it ideal for them and I want to make a motion that it be approved. Mr. Grantham: Second. Mr. Mayor: We have a motion and a second. Commissioner Cheek, then Commissioner Williams. Mr. Cheek: Mr. Mayor, in reading the literature on this, it’s my understanding they’re intending to use as part of their process sulphur dioxide, is that correct? Mr. Patty: Initially they were going to do three things and they dropped, initially they were going to do off loading sodium bi-sulfite. They were going to blend something to make ammonium hydroxide and the third thing they were going to do was combine sulphur dioxide and something caustic to make some other chemical. They have dropped that and if you look at the conditions they only things they will be allowed to do by the sodium would be the other things I just described. So they are dropping the process that uses sulphur dioxide. The applicant’s here you may want to ask him those questions but that’s the understanding I have. Mr. Cheek: I guess the question is, Mr. Mayor, if I’m allowed just to follow up, because we, we are very close to some residential areas. I am not against the plant. We have some chemical plants in the area that operate very safely. I’m concerned about the location. What will be the on-site quantity of chlorine that will be stored and ammonia that will be stored? Mr. Craig: Mr. Cheek, my name is Gil Craig, I’m the manager. We will have hydrogen ammonia stored on-site. We’re still in the design phases but there are, probably no more than two 30,000-gallon tanks will be the absolute maximum probably. 17 Mr. Cheek: That would be the equivalent to how many railcars that’s about. Mr. Craig: A little more than two railcars. Mr. Cheek: The concern I have here is there’s really no good use for this property and it needs to be cleaned up and I want you guys to be able to go to work. My concern is large quantities of chemicals like chlorine and ammonia and the proximity of residential neighborhoods that are only one to two to three feet in elevation above that area. Depending on the type of release that potentially could occur whether it would be a puff of a plume and a geographic nature of the Rocky Creek Basin in that area and the low lying homes in that area it could create a concentration problem in gas. Yes it does dissipate but it dissipates depending upon temperature and humidity and a lot of other factors which may cause concentration just like it did in Graniteville. And therefore I have objections to this particular site for any type of chemical processing and would like to see us offer perhaps the, try to find some alternative land for these folks to do this business and not put them adjacent to a residential neighborhood, series of residential neighborhoods, several thousand homes in that area. Mr. Mayor: Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. Same concerns that HI, Heavy Industrial area there which is between two residential. Are one has already been declared as an area that’s contaminated but I’m a little bit worried when this type of plant, this type of facility is going to be put in place there. I’m not opposed to the industry in doing something but like Commissioner Cheek just stated we ought to be able to find another area that’s not as close. I mean everything that can be put in District 2 is already in District 2. Here’s another plant and I know we’re talking about being job friendly and business friendly and we want to do that. But at the same time we’ve got to look out for the people that’s already invested and already living there. What happens when we allow this, this zoning to become Heavy Industrial and then five years down the road they tend to need to do something else? Now what scares me and what worries me is when we drop the things that we we’re initially going to do when we find out that they’re really not good for us to do something else. If it’s that important to do in the beginning looks like it’s still that important I’m a little bit leery about voting for that type of business to go in that area where it is. I think we ought to be able to find and I don’t want to hold the company up. I’m going to support them but I can’t approve this location. Now Mr. Patty is there any other location or anything else that we can help this firm with to find because there are some residences already suffering less than a mile, mile and a half fro there right now. And so where this is going to go is going to add to what we’re doing. Is there anything else? Mr. Cheek made a good suggestion about finding another location for them to work further away. Mr. Patty: Well, let me tell you. When I first talked with these folks you know I mean I think we all recognize this is not the ideal location for this. The problem is that they saw, I speak for this gentleman here and he can elbow me anytime he wants to. But they saw the prior industrial use for this property. They saw the use around it and they bought the property. They bought it thinking the zoning was in place so they own the property so they’ve got to have an answer on whether or not they can use the property for this purpose. Now if you look at the conditions it only allows exactly what’s he’s describing. These two processes he’s described and 18 nothing else and that will be a condition of zoning restriction recorded with the deed and this is definitely enforceable. Mr. Williams: If I can follow up, Mr. Mayor. Now he wouldn’t be the only one who’s bought property and didn’t get it zoned before he bought it. I mean we had several smaller businesses to come that had the same scenario where they went in and bought property without checking the zoning that was out making sure it was zoned to fit their needs. Now this city, the community can’t be help hostage by someone purchasing something and we go ahead and approve it. Now I can’t support it and if we don’t have any other location I hadn’t looked at any other location I think we need to look at that. But I can’t support that call for the residents in that area. Mr. Craig: Can I answer your question about --- Mr. Mayor: Hang on one second I’ve got several commissioners that actually want to, go ahead and answer the question then, Commissioner Williams, we’ve got to move on because we’ve got a lot of hands up. Mr. Craig: Just to let you know as Mr. Smith said earlier we’ve been doing business in the area for about three years now. We have been searching for a piece of property in Augusta for about two years. This property was the, after two years of searching came out to be the best fit that will allow us to, what we thought would allow us to do what we need to do to help grow our business here. Industrial pieces of property that are served by rail spur are very, very hard to come by. Mr. Mayor: Okay, I’m going to go Commissioner Beard, Commissioner Bowles, Commissioner Holland, Commissioner Hatney, Commissioner Cheek. Please come in that order. Ms. Beard: Mr. Mayor, I know when I read it I was a bit concerned because we have a number of chemical plants now. Now I wonder how we got them where they are. And if anything happens we’re in big trouble so we really need to be careful in where we put these type plants. And when I read that this would need 24-hour security then in my opinion it probably is going to be dangerous. And I honestly think our citizens should come first and that maybe some place like one of our industrial parks. But with whatever happens I would like for it to be studied further and I’d like to be absolutely certain it will not affect our citizens. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. Where is your present location, sir? Mr. Craig: We are using a trans-loading facility on Perkins Road, is the unit of our facility. Mr. Bowles: Okay, and have you had any accidents of production there that would cause harm? 19 Mr. Craig: No, sir. We have been doing a trans-loading of sodium bi-sulfite. That’s the item that’s, that’s the item that we’ve been doing at that facility. Mr. Bowles: And how much are you trying to increase your capacity by? Mr. Craig: We have been doing business there for about 3 years. We had only the capacity to do 3 or 4 truck loads a day. We need to be able to double that. Mr. Bowles: Thank you. Mr. Mayor: Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. What caught my eye and I know Mr. Patty is very meticulous in his investigation and his recommendations that come before the committee. If I’m not mistaken I heard him say that there were no objectors. So my concern is that the residents that are within that particular area have they been notified? If there were no objectors are they, have they been notified in reference to what is supposed to be built in that area? Mr. Patty: We followed the law and we put a sign on the property, we ran an ad in the paper and I think the answer is unless they went up and down Lumpkin Road in that section which you know probably don’t have too many reasons to do they may not have seen it. Mr. Holland: So we didn’t have any residents to come forward verbally --- Mr. Patty: No, sir. Mr. Holland: --- to object to it. Mr. Patty: No, sir. Mr. Mayor: Okay. Commissioner Hatney, then Commissioner Cheek, then Commissioner Smith. Mr. Hatney: Basically my question’s been answered by Mr. Bowles’ questions. How far from where you are now to where you’re trying to relocate. What’s the distance approximately? Mr. Craig: Uh, Commissioner Hatney, probably the way the crow flies is probably a mile maybe. Mr. Hatney: Okay, but you won’t be more than a mile from where you are now? Mr. Craig: That’s my best answer. Yes, sir, that’s my best guess. Mr. Mayor: Okay. Commissioner Cheek. 20 Mr. Cheek: Mr. Mayor, I think there’s some ways out of this that. Are you guys part of the local Care Group? Mr. Craig: No, sir, we are not currently but that is one of our goals. Mr. Cheek: The only way I can feel comfortable and again this site is something that’s, we have other sites on Plant Road that are adjacent to residential neighborhoods and other things but they have incorporated Shelter In Place training and helped join the Care Groups, they’ve incorporated shelter in place training and the surrounding communities. They’ve helped the EMA Office provide shelter for in place kits for the residents of those areas. They participate in the planning scenarios and so forth and they’re also part of the reverse 911 system like we have in East Augusta to where residents could be notified if an event occurred to shelter in place or to evacuate. Now these are some of the criteria that I see would allow you to, and trans-loading is just loading from trucks to trains. Mr. Craig: Yes, sir, we would be off-loading from railcars and to tanker trucks. Mr. Cheek: So there’s not a large incident opportunity for incident in that event above a certain volume. Then again you still want to be able to notify the surrounding communities and be good neighbors like the rest of our chemical industries are. Mr. Craig: Yes, sir, that’s a good point. If I may point out we manufacture this product now in Lake Charles, Louisiana. We’ve been doing it there for approximately ten years. So we’re very experienced with the trans-loading of sodium bi-sulfite and the manufacture of that product and the manufacture of our ammonia product. We fully intend to as we do there, Georgia EPD, federal regulations such as OSHA and PSM standards. Those are all regulating bodies that we will have to comply with. We can’t even turn over one pound of dirt until Georgia EPD gives us an approval to do that which I know you’re quite well aware of. To give you an example our facility in Lake Charles survived the direct hit by Rita back in 2005 with no release. So those types, those same type criteria will go into this facility. Mr. Cheek: My expectations are Augusta has the unique designation of being the second highest per capita VPP city for industrial partners who are members of the Volunteer Protection Program. We have a very integrated working relationship with all of our chemical industries as it pertains to our training, co-training with our Fire Department and our Emergency Management. We have a very good partnership with the Care Groups going out and doing outreach meetings with the local community. Those are the expectations I would have before I could vote on this that you guys agree to become partners in that corporate community and be good neighbors and help us protect our community in that manner. Mr. Craig: Well, I would speak for our company that we would be very willing to do that and will participate at the fullest extent possible. Mr. Williams: Mr. Mayor, I want to make a substitute motion. 21 Mr. Mayor: Okay, let me get Commissioner Smith then I’ll come back to you. Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. This facility has been one where LP Gas has been used and loaded on tank cars and all of this for 25 years. And I’m not defending not getting the zoning approved ahead of time but it just seemed a natural fit and at least we could get the property improved and on the tax books a lot better than it is now. And they’re not doing something that they’re not already doing and not attempting to. And they’re selling this product locally --- Mr. Craig: Yes, sir. Mr. Smith: --- and uh, it’s seems to me that it’s a natural fit and we ought to support it instead of trying to find reasons not to as long as it’s safe and I believe it is. Mr. Cheek: Mr. Mayor, for the record let it be stated that LP Gas has a higher specific gravity and I can go into a little bit more detail than what’s been brought up here. Mr. Mayor: Okay. Commissioner Williams, I believe you had the substitute motion. Mr. Williams: I’m going to make a substitute motion, Mr. Mayor, but my comment is that there’s no commissioner up here that will swap places with his district to bring this firm or My substitute motion is that we send any other firm with this type of chemical to that area. this back to committee, give the community and this business time to look around to try to find a spit or a suit that will work. Right now the community is not aware of it, I’m not going to sit here and vote for it so my substitute motion is to send it back to committee to give us time to talk with the community and make sure. They shouldn’t wake up tomorrow morning and it’s over there. We already got enough and enough is enough. It don’t take but one incident to cause a Graniteville situation like we had right here in Graniteville. And we got enough. So that’s substitute motion, Mr. Mayor, to go back to committee. Mr. Holland: I second that motion. Mr. Mayor: We have a substitute motion and a second. Okay, we have a substitute motion. Madame Clerk, could you read that back so that everybody is clear on it? The Clerk: Yes, sir. The substitute motion was to refer back to committee and the community, to make the community aware of the chemical plant. Mr. Mayor: If there’s no further discussion commissioners will now vote by the substitute sign of voting. Mr. Brigham, Mr. Smith, Mr. Bowles and Mr. Grantham vote No. Motion carries 6-4. Mr. Mayor: Okay, Madam Clerk, next agenda item. 22 The Clerk: PUBLIC SERVICES 11. New Ownership Application: A.N. 07-52: A request by Bolling H. Handy for an on premise consumption Liquor, Beer & Wine license to be used in connection with Handy Enterprises DBA T Bonz Southside located at 1654 Gordon Hwy. There will be Sunday Sales. District 2. Super District 9. Mr. Sherman: The Sheriff’s Department and the License Department have reviewed this application and we’re recommending that it be approved. This is a T Bonz restaurant located on Gordon Highway across from K Mart. Mr. Mayor: Commissioner Williams. Mr. Williams: Rob, I’m trying to figure out. Now there’s a T Bonz, which is on Gordon Highway already. Is that right? Mr. Sherman: This is it. Mr. Bolling is buying that as a franchise. Mr. Williams: Okay, so this is not a new location? Mr. Sherman: No, sir. Mr. Williams: This is, I mean and I’m just wondering because they got a license already. They got a liquor license already to do this and when I saw this it kind of raised my attention. But if you’re buying that establishment you’re buying? Mr. Handy: It’s going to be a first franchise and have to do a new application. . Mr. Williams: Okay, I got no problem Mr. Handy: Believe me I would’ve loved to transfer. So moved, Mr. Mayor. Mr. Williams: Mr. Cheek: Second. 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 abstains. Motion carries 9-1. Mr. Mayor: Next agenda item, Madam Clerk. 23 The Clerk: PUBLIC SERVICES 12. Transfer Application: A.N. 07-54: A request by Marion R. Rosier to transfer the on premise consumption Liquor, Beer & Wine license used in connection with Club Drams located at 3023 Washington Rd. to 3054 Damascus Rd. to be used in connection with Club Love. There will be Dane. District 5. Super District 9. Mr. Sherman: Mayor and commissioners. We have recently had conversations with the applicant, Mr. Rosier and others who will have future interest in this property and we’re asking that you send it back to the committee. There’s some discussions that need to take place and it will be brought out and presented at the committee, the first committee in January. Mr. Grantham: Motion to return to committee. Mr. Cheek: Second. 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 abstains. Motion carries 9-1. The Clerk: PUBLIC SERVICES 17. Discuss delinquent Health Department’s Food Service Permits in association with Augusta-Richmond County Business Licenses. (Requested by Commissioner Jerry Brigham. Mr. Mayor: Mr. Brigham, I believe this is yours. Mr. Brigham: Yes, sir, Mr. Mayor. The Health Department would ask the commission to deny a business license to the entities that do not have food service permits paid for, until they’re paid for and we’re having trouble collecting some past due accounts. We don’t have anything heavy, heavy to hang over their heads so that’s the purpose of this request. Mr. Cheek: Is that a motion? Mr. Brigham: It’s a motion. Mr. Cheek: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. 24 Mr. Bowles out. Motion carries 9-0. The Clerk: ADMINISTRATIVE SERVICES 20. Motion to approve the filing of counter claims against current legal complaints that are found to be frivolous in nature. (Requested by Commissioner J.R. Hatney) Mr. Mayor: Commissioner Hatney. Mr. Hatney: We’re going to discuss this in Legal first. The Clerk: Oh, okay, refer it to Legal. Mr. Hatney: Yes. The Clerk: FINANCE 30. Motion to approve a request from the Georgia Golf Hall of Fame for purchase of tickets for the 2008 Induction Ceremony January 12, 2008. Mr. Mayor: Can I get a word on this from anybody on the commission? Commissioner Grantham. Mr. Grantham: Mr. Mayor, I’ll bite the bullet, I don’t mind. I think what we have here is something that we had a difficult time in negotiating our situation with the Golf Hall of Fame board members from what I recall in trying to get our permission to operate the gardens. And so based on that I just don’t think we should be in the ticket buying business if we hadn’t done that in the past. I don’t know that we have or have not. If anyone wants to buy a ticket I think they But I’m going to make a motion we deny it. can do so and go and if it’s a nice event. Mr. Brigham: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioner Williams. Mr. Williams: Mr. Mayor, I think we’ve been purchasing individual tickets for those who are interested in going to different events. I don’t see where this is any different in those who want to participate on the commission. If Mr. Russell has some funds somewhere that we can afford this, and I really don’t know how much the tickets are, I hadn’t looked at it but is that our normal practice, Ms. Bonner? Is that what we normally do? Because I think this ought to have the same consideration as any other. Mr. Grantham: Well, it may have, Mr. Mayor, if you don’t mind me --- 25 Mr. Mayor: Mr. Grantham. Mr. Grantham: making a comment. And my point was that I attend this event every year. I purchase my own ticket and I just don’t see us spending taxpayer’s dollars on them right now. So I’m going to maintain that effort and that motion. Mr. Mayor: Commissioner Williams, continue. Mr. Williams: I just want to know what the practice is, Mr. Mayor. What have we been doing? We don’t have to do it I’m not going to be in town I’m not going to be on the commission. I’m not going to even bother with it. I just want to know what the practice is. Is that what we normally do? Mr. Mayor: I think generally if it is approved what the precedent that’s been set over the past year we approved that if anybody would like to go the government would buy them tickets. Mr. Russell, correct? Mr. Russell: That’s correct, sir. Mr. Williams: So I’m going to make a substitute motion, Mr. Mayor, that we go by the normal practice that what we’ve been doing, those who are interested that want to go ought to have that be forwarded the opportunity if they so like to. Mr. Mayor: Is there a second for that motion. Okay, no second? Mr. Williams: I second it, Mr. Mayor? Mr. Mayor: What’s that? I don’t think you can double your pleasure on that one. Mr. Cheek: I’ll second it for the purposes of the vote. Mr. Mayor: Okay, we have a substitute motion and a second. Commissioners will now vote by the substitute signs of voting. Mr. Brigham, Mr. Hatney, Mr. Smith, Mr. Bowles and Mr. Grantham vote No. Mr. Cheek and Ms. Beard abstain. Motion fails 3-5-2. Mr. Mayor: Okay, we have Mr. Grantham’s primary motion on the floor to deny. Commissioners will now vote by the usual sign of voting. Mr. Williams and Mr. Harper vote No. Ms. Beard and Mr. Holland abstain. Motion carries 6-2-2. 26 Mr. Cheek: Mr. Mayor? Mr. Mayor: Mr. Cheek. Mr. Cheek: Mr. Mayor, this board is just one of several authorities that has demonstrated it’s lost it’s way as far as what it’s supposed to be doing for this community and I hope and pray you and the commission will find ways to rein them in and refocus them and some of these other authorities on their primary mission of serving the people. Mr. Mayor: Well, and Mr. Cheek, I would say that this is one that is at the, the appointments are made by the governor and not by us. Mr. Cheek: All of our problem children generally come from the state and government, governor appointees so. Mr. Mayor: Next agenda item, Madam Clerk. The Clerk: FINANCE 34. Consider request from Southern Christian Leadership Conference of the CSRA (SCLC) for sponsorship of their First Annual Banquet. Mr. Bowles: Motion to approve. Mr. Mayor: Is there a second? Mr. Cheek: Second. Mr. Mayor: Commissioner Hatney. Mr. Hatney: The concern I’ve got for this is that it was scheduled on the same night just an hour different from the annual activity of the NAACP and I think we should just simply send this back to committee and work on that and then see what we do from there because it had not been discussed in committee. Mr. Mayor: Would you like to make that in the form of a substitute motion? Mr. Hatney: I just did. Mr. Holland: I second it. Mr. Mayor: Okay, we have a substitute motion and a second. If there’s no further discussion commissioners will now vote on the substitute motion by the substitute sign of voting. Mr. Brigham, Mr. Bowles and Mr. Cheek vote No. 27 Motion carries 7-3. The Clerk: FINANCE 35. Consider a request from Shiu Lian Chike regarding a refund of taxes for property located at 1002 Azalea Drive. Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, I make a motion that we deny this following the recommendation of the Tax Assessor. Mr. Grantham: Second. Mr. Mayor: Okay, we have a motion and a second. Commissioner Williams. Mr. Williams: Yes, sir, Mr. Mayor, I pulled that item and I would love the opportunity to hear from the Tax Assessor you know to what’s going on. We didn’t have a committee meeting and it’s the first time it was brought here. I’d like to know from him what I voting. Why I’m voting for it. Mr. Mayor: Mr. Hicks. Mr. Hicks: Mr. Commissioner, this was a request from the property owner to grant a refund and they made several indications that the value change that was made in 2007 was not appropriate because a value had gone to the Board of Equalization in 2006. During the 2006 appeal the Board of Equalization affirmed the value that had been placed by the Board of Assessors. There was no change in value established by the Board of Equalization. But even if there had been those things requisite in order for the Board of Assessors to make a value revision for 2007 were done. The statue that the individual cited does not prohibit value changes it says that you cannot make a value change simply to change the value established by the Board of Equalization. And I can assure you that is not the case that occurred here. An on site inspection of the property was made. Other properties in that neighborhood were reappraised as well for 2007. Proper notice was sent to all the property owners and in this specific instance no appeal was filed. So my recommendation was that it be denied. Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign of voting. Motion carries 10-0. The Clerk: 28 ENGINEERING SERVICES 42. Authorize Public Services to negotiate a contract to develop a Master Plan for Pendleton King Park (PKP) with Davis Design Group of Augusta for an amount not to exceed $43,600 to be funded from Capital account #272-06-1496. Mr. Mayor: Fred, do you? The Clerk: Rick. Mr. Mayor: Rick? Mr. Acree: Yes, commissioners. The Capital Budget for 2007, or 2006 was released finally in 2007 included money to do a Master Plan for Pendleton King Park. An RFP was issued we received two responses and the park be restored by members of the Pendleton King Park Board, myself and agents from the Procurement Department. The Davis Design Group was the highest scoring firm prior to opening of the cost component of the RFP. The cost component differential was not substantial enough to change the score and we’re recommending that we be approved to negotiate the contract not to exceed that amount. The reason that we want to negotiate the contract is because the Pendleton King Park Board wants to consider perhaps changing a little bit of the scope of work they’re going to have the contractor do as it relates to the Master Plan. And that’s why we didn’t specifically state approve the contract. We, the contract will come back to the commission for approval before we actually have it executed. Mr. Mayor: Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. And I applaud and approve whoever won this whether it be Davis Design or anybody else. But I think the oncoming commissioner along with some of the people of the board at Pendleton King Park should be, should have some input as well before it comes back to this body and say this is what it’s going to be. I think the people you know should have the board members along with the new commissioner an opportunity to share in some thoughts before the plan is put together and then presented to this body and say this is what you got. I think, you know it probably won’t make any difference to the body or even to the commission but I think he ought to have that opportunity to at least know what the perspective plan or project is shaping up and what it’s going to look like. Mr. Mayor: And I think there’s that opportunity if you made mention that that’s why it’s not to exceed that the board will still have the opportunity to potentially change the scope. Mr. Acree: Yes, Pendleton King Park board did look at the proposals and they are the ones that will negotiate the scope of work. The commission will again see the proposed scope of work and the contract prior to approval. This is just authorizing us to negotiate and setting aside the funding. Mr. Mayor: So that gives the oncoming commissioners the opportunity to participate in the process as well. 29 Mr. Williams: I’m just asking a question, Mr. Mayor. I’m trying to understand. I’m saying the oncoming commissioner ought to have that opportunity along with the board members to assist and to see as the plan develop as things take shape, what’s coming on. He may have or they have together some ideas to do some things before it’s planned out. Now I’ve got plenty of plans that was given to me as a commissioner that the design and department heads had put together. Never asked me one time whether or not you approve are you satisfied are there any changes. I mean they we are making changes. I can think of one where we put one restroom in a $350,000 facility. So just need to keep everybody inclusive so we --- Mr. Mayor: Absolutely. Mr. Williams: --- won’t have to come back and go over and over it, Mr. Mayor. Mr. Mayor: Commissioner Beard. Ms. Beard: Mr. Mayor, I’d like to see us approve this and maybe we could amend it to include the commissioner for that District. Mr. Mayor: Okay. Ms. Beard: And, Mr. Mayor, may I have a point of privilege? I would certainly like to thank Mr. Acree for the fine job he and his crew did with the Christmas decorations. We can’t thank you enough. Mr. Mayor: Absolutely. I think that deserves a round of applause. (APPLAUSE) Mr. Acree: Thank you but the credit goes to my staff. Mr. Mayor: Okay, so, Ms. Beard, is that, are you --- Ms. Beard: In the form of a motion. Mr. Mayor: You’re making that in the form of a motion. Do we have a second? Mr. Cheek: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion --- Ms. Beard: Carry it through with the addition of the commissioner of that District working with them. Mr. Mayor: --- commissioners will now vote by the usual sign. Commissioner Johnson, I see you out there in the hall. Please note that you just had something added to your workload while you weren’t here. That’s usually what happens when you leave the room. Mr. Cheek: First committee assignment already. 30 Mr. Mayor: Welcome to the commission. Mr. Hatney and Mr. Holland out. Motion carries 8-0. The Clerk: ENGINEERING SERVICES 48. Motion to approve an Encroachment Agreement with Katherine Sanders Dickson. Mr. Mayor: Who do we have to speak to that agenda item? Do we have anybody from Utilities to speak to number 48? Mr. Williams: Motion to send it back to committee, Mr. Mayor. Mr. Grantham: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion, Madam Clerk, can you clear the board? Commissioners will now vote by the usual sign. Mr. Hatney out. Motion carries 9-0. Mr. Mayor: And, Madam Clerk, if I’m not mistaken that takes care of our regular agenda for the last meeting of 2007. Mr. Boudreaux. Mr. Boudreaux: Mr. Mayor, before I request that we go to Legal Session to discuss pending litigation, acquisition of real estate I mention item number 27 and 29. They were added and approved on the consent agenda. We need to add for the record language to the motion approving that that’s required by GMEBS if I can recite that language and have a motion to add and approve that to the motion --- Mr. Mayor: Okay. Mr. Boudreaux: --- approving the items. Mr. Cheek: So moved. Mr. Bowles: Second. Mr. Boudreaux: For items 27 and 29 is a Resolution to amend a 1998 Money Purchase Pension Plan to authorize use of the forfeiture account for payment of penalties and charges imposed by Nationwide; 2) A Resolution to authorize execution of the amended asset transfer form to liquidate and transfer the employees accounts from Nationwide to the new GMA Defined Benefit and GMA Defined Contribution Plan; 3) An Ordinance adopting the 2008 31 Defined Benefit Plan to be administered by GMEBS; and waive the second reading thereof and; 4) a Resolution to approve the adoption of the 2008 GMA Defined Contribution Plan and that the Mayor or Mayor Pro Tem are hereby authorized to execute any and all documents or contracts necessary or convenient to the adoption of the foregoing resolutions and ordinance; to include adoption agreements, addendums to the adoption agreements, master plan documents and trust agreements as the same are approved as to form by legal counsel. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Boudreaux: We do have agenda items to discuss, potential and pending litigation as well as item number 20. ADDENDUM 54. Motion to go into a Legal Meeting. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. Mr. Mayor: Can I get a motion to go into Legal session to discuss those issues? Mr. Cheek: So moved. Ms. Beard: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Cheek and Mr. Bowles vote No. Mr. Harper not voting. Motion carries 7-2. Mr. Mayor: And to all our, I believe we are in Legal, to all our viewers out there in Comcast have a Merry Christmas and a Happy New Year and come back and see us in 2008. [LEGAL MEETING] Mr. Mayor: I’m going to call the meeting back to order. Mr. Boudreaux. 55. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. 32 Mr. Boudreaux: Mr. Mayor, we need to have a motion to approve your signing the closed meeting affidavit. Mr. Williams: So moved. Ms. Beard: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Smith, Mr. Harper and Mr. Grantham out. Motion carries 7-3. Mr. Mayor: If there’s no further action to come before the body let me go on record once again thanking Commissioner Williams, Commissioner Cheek and Commissioner Harper for their service. We stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on December 18, 2007. _________________________ Clerk of Commission 33 34