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HomeMy WebLinkAboutCommission Meeting August 19, 2008 REGULAR MEETING COMMISSION CHAMBER AUGUST 19, 2008 Augusta Richmond County Commission convened at 2:00 p.m., Augusta 18, 2008, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Mason, Grantham, Hatney, Beard, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. The invocation was given by the Reverend Willie James, Pastor, First Shiloh Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Pastor, we have a special recognition for you. By these present be it known that Reverend Willie James, Pastor, First Shiloh Baptist Church is Chaplain of the Day for his civic and spiritual guidance demonstrated throughout the community. Serves as an example for th all of the faith community. Given under my hand this 19 Day of August 2008. Thank you for that wonderful prayer. (APPLAUSE) All righty, Madam Clerk, on to the recognitions. RECOGNITIONS Employee of the Month A. Ms. Cynthia Williams, Administrative Assistant, Marshal’s Office July Employee of the Month. The Clerk: Yes, sir, Mr. Mayor and members of the Commission. We have the distinct pleasure to honor our Employee of the Month. We ask that Ms. Cynthia Williams, Administrative Assistant in the Marshal’s Department, please join the Mayor here at the podium along with the other officials from the Marshal’s Department. The Clerk: Dear Mayor Copenhaver. The Employee Recognition Committee has selected Cynthia Williams as the July Employee of the Month for the City of Augusta. Cynthia is an administrative assistant with the Marshal’s Office under the direction of Marshal Steve Smith. She has been employed by the city for over 16 years. Mrs. Williams was nominated by SGT. Doug Stacey. SGT Stacey nominated Ms. Williams for her behind the scene work. She accounts for all processes from the civil and magistrate court, checks on inmate transports for court proceedings, handles walk up business as well as assist the supervisors and deputies of the agency with the performance of their duties. Her knowledge and experience in dealing with other agencies and inner office personnel such as the bookings, the warrant office is a great asset. Sometimes it is those that work behind the scenes that makes everyone else look better. The committee felt that based on this nomination and Mrs. Williams’ dedicated and loyal service to the City of Augusta we would appreciate you in joining us in awarding Cynthia Williams Employee of the Month for the month of July. (APPLAUSE) Ms. Williams: I would just like to say thank you to everyone. I just remember and looking back and reflect on when I started here back in the early 90’s as an intern from Augusta 1 th Tech just trying to get a degree and I just thank God the 17, going into my 17 year I can stand before you all with the knowledge that I have grown in the Marshal’s Department. I just want to say thanks to everyone. I hope my continuance here can be a little bit longer than 17 years. Thanks again. (APPLAUSE) Mr. Stacey: I didn’t really prepare anything. But certainly Cynthia is a cherished friend and coworker who quite frankly does behind the scenes work and doesn’t receive the appreciation and recognition that many of us do when we’re out in the street in the uniform. She improves our lives as well as all of the lives of the citizens that we serve. And I’m grateful that she’s able to receive this recognition. (APPLAUSE) Ms. Russell: Me and Cynthia kind of grew up on this department together. She was an intern when she came here and she’s done such a fabulous job that we just had to kind of go up in her behalf and say let’s see if we just can’t find her something until we can get a position available. And we’ve kept her ever since then. (APPLAUSE) Mr. Mayor: Okay, Madam Clerk, on to the delegations. The Clerk: DELEGATIONS B. Ms. Eulalia S. Thomas. RE: Jerusalem Missionary Baptist Church and the St. Sebastian Project. Mr. Mayor: And, Ms. Thomas, if you could keep it to five minutes, please. Thank you, ma’am. Ms. Thomas: Honorable Mayor and Honorable Commissioners, I appreciate the time here to day to talk to you about Jerusalem Missionary Baptist Church which is located on 1415 Jones Street in Augusta. We’ve been there since 1891. The church is a historic church. Jones Street now is a three-lane highway coming in front of the church and also the St. Sebastian project would be on the other side of the church. Right now we have been allowed to park on that street, which is a very busy street using cones to block off one lane. We have very elderly people and children getting in and out of the cars. The capacity of the parking lot next to Jerusalem is approximately 10 cars to park car. We’re a membership of 200. We’re concerned about the traffic on Jones Street, the new traffic coming and through and the ability of that building to stand. And we’re also concerned about our congregation breaking up because we’re being boxed in. You know, we won’t have any parking facilities and people like me who live out in Hephzibah and drive all the way down to Jones Street people with roots in that area still coming back to that church. And we don’t want to lose our memberships to that church we don’t want to lose people on the streets by parking cars. What we’re asking for is just a simple relocation. That’s all we’re asking for. The properties around us have been purchased. I understand that the City sold some property to the State. If I’m wrong, correct me, but we weren’t considered. We feel like we weren’t considered at all. It’s going to break up our congregation I’m afraid and after this project is completed there won’t even be any street parking. That’s going to have to be stopped after that’s done and then what do we do. So we’re 2 asking for the consideration of you all to help us to keep our church family together. I’ve been there since I was 10-years old. My grandmother who died when she’s 92 came up with that church and a lot of elderly people are here today to help me to represent their church on this issue. We’ve been working with several people making phone calls to the highway department, different people trying to get in touch with DOT and I just want to bring this to a head. I mean if this was a business and they were being snuffed out all you lose is, you know customers. This is a church being snuffed out. We’re God’s people who ought to be able to worship. We want to be able to stay together and that’s what I’m here asking for today. Mr. Mayor: Okay, thank you, ma’am. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. Could we see those persons who are concerned? Could they stand, please? Can we see all the people who are concerned about this? Thank you. Mr. Mayor: Thank you, ma’am and Mr. Russell, I believe that y’all have met about this issue and you’re trying to come up with some solutions there. Mr. Russell: Yes, sir, Mr. Mayor. We actually met with the delegation from the church about two weeks ago, two or three weeks ago at the moment. We’ve tried to contact the State. The project itself is not in the State right-of-way. They purchased sufficient property for them to do the road. We’ve have attempted to try and help them obtain some parking and there’s some issues there with some of the other land owners that we’ve not been able to come to a solution for them at this particular point in time. We’re, you know obviously if their asking for a relocation of the entire church that’s way beyond the scope of what I could negotiate or be able to help with at some point. I think if it might be appropriate that we need to look at that and maybe try to bring in some of the historical groups in our community that spent dollars in the past trying to help maintain historical situations there. I know that City dollars are somewhat limited and I know Federal dollars even more limited for this kind of thing. But it might be appropriate if we get together with the church again and look for some, attempt at some kind of private funding that might be helpful for them. I’m very sympathetic. I don’t have an answer from my perspective and I’ve unfortunately shared that with them and that’s probably why they’re here today as it’s not going to be an easy answer but it’s one that, you know I think we as a group need to work towards to help them try to find. Mr. Mayor: Ms. Beard. Ms. Beard: Mr. Mayor, um, are we looking at having some type parking for the Exhibition and Convention center? That would not be that far from the church and it may be something they could, we could work with. Mr. Mayor: And I’ll be happy to help coordinate that with some of the historic preservation groups downtown that are working on projects like this. I’ll just, I’ll offer to help coordinate that as well. Okay. Thank you, ma’am. All righty, Madam Clerk, if we could move on to the next delegation. The Clerk: 3 DELEGATIONS C. Mr. Larry L. McCord, President, Highland Park Neighborhood Association. RE: Unlicensed Behavioral Group Home Businesses operating in Highland Park Neighborhood. Mr. Mayor: Thank you, sir, and if you could keep it to five minutes as well. Mr. McCord: Mayor Copenhaver, thanks a lot. Commission Board, thank you for the opportunity to come here today and speak with you concerning the property located at 2917 Damascus Road. The issues we have with the property located at 2917 Damascus Road is when the people moved into the location we thought it was going to be a family moving into the residence. Come to find out once they moved in there was a group home for the mental I guess, mentally impaired people of some sort. So after finding this out we come together in our neighborhood meeting and talked about it and we have some issues with it. One is, when they moved into the home there was no notice given to us at all of what was coming. Number two after finding out it was like a business there was no business license issued. And we’re really concerned with tax values because someone right now who’s adjacent to that property tried to sell their home they’re going to have to disclose what’s there. And we’re concerned about the reselling of the other property and the tax value of the property there. And I’d like to really ask, in our investigation in the CSRA we found out there’s more group homes going on in other areas. And as a community in our neighborhood we’d like to ask also that some kind of way we’d be informed on what’s happening when these group homes come into the neighborhood because it’s kind of like it would just shove it in our face. And that’s the problem we have with it and so we just come here today to talk to you, Mr. Mayor and the Commissioners, about this and to see what we can do about the home because we really have issues there. Mr. Mayor: Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. It’s unfortunate that that particular area I believe is in my district. And I haven’t heard or gotten any information pertaining to that group home that’s operating without a license. So at this time I would like to ask Mr. Sherman or someone to come forward to share some information with us in reference to this to find out exactly what’s going on. Because I don’t know maybe the Commissioners maybe this one day when I was absent and I don’t remember being absent. But if someone, you know can share that with us. Mr. Mayor: Mr. Sherman. Mr. Holland: Mr. Johnson has some information in reference to it also. I’d just like to know what’s going on. Mr. Sherman: Mr. Mayor and Commissioners we got a call about the property at 2917 Damascus I guess a couple two three weeks ago. I haven’t spoken to Mr. McCord myself. Through others I’ve heard what their concerns are. An inspector from our office has been by there two or three times. What we have found out is that there are two unrelated individuals leasing the property from the owner. The two individuals have developmental disabilities. They are leasing the property and they have contracted with Serenity Behavioral Health Systems, 4 which is a community services board under the Department of Human Resources. That health system, they provide assistance to these individuals whether it be picking them up in the morning and taking them to work or assisting them with preparing meals. But the way we understand it what we have noticed from our visits over there is that there are only two individuals living there. It’s not a personal care home where you go through the Planning Commission and through the Commission and you get approval to keep three to six individuals in your house where you’re paying the property owner to provide the service. But in this case the way we understand it and Mrs. Duncan who is the program manager for the Serenity Health Systems is here I believe. She’s here to answer any questions. But again the way we understand is that there are only two individuals who are leasing the property and then they in turn have contracted with Mr. Duncan’s group to provide some services. Mr. McCord: Mr. Mayor, can I ask a question to Mr. Sherman? Mr. Mayor: Yes, sir. Mr. McCord: Mr. Sherman, I was there when the law enforcement, the code enforcement person came out to the home. She was unable to get inside the home four times. So I don’t see how she can make the assumption that there’s only two people when they wouldn’t let her inside the house. I was there with her one time and someone was in the house because I seen them come out after she left. So you know if they go there four times and cannot go inside the home and investigate then the assumption’s made there’s two people there. When the assumption should not be made because that’s the first way to make an error. So you know we would like to know if they’re going to be contracted from Serenity to put these people there that to me is a business because a contract is signed. Mr. Sherman: I see your point and if I can respond to that. In the way it’s sort of been presented to me is say that you have an elderly parent who lives in there house and needs a housekeeper to come help take care of them. There’s no difference. Mr. McCord: Yeah, there’s a contract signed. Mr. Sherman: And that can be with Meals on Wheels or what have you. But again that’s the way we see it. And again when she went over there she didn’t see anything out of the ordinary. For us to go in the house we actually have to have a warrant. I mean we can’t just go in and say you know lay it out and show us everything. But that’s why we got in touch with Mrs. Duncan and again she’s here to tell you what’s she’s told us. Mr. Mayor: Okay, can we hear from Ms. Duncan? Ms. Duncan: I’m Estelle Mulherin Duncan and I’m the Program Director for services for people with developmental disabilities at Serenity Behavioral Health Systems. Um, when I was contacted about the individuals living on Damascus Road exactly what the gentleman has shared. There are two men who have an agreement, have a lease with the landlord. Serenity is not the landlord and these two individuals are sharing a home just like single people. I’ve got a son who’s 21 years old who’s getting ready to move out. And in order to afford a house he’s going 5 to have to share it with some individuals. The big difference is these two individuals need some additional support in order to live successfully in the community. And that’s where our agency comes in. Our agency does indeed operate from group homes and where these gentlemen live is not a group home. We have in the Augusta area three group homes that our agency operates and those have, you know come before they were opened back in the 80’s and the process was followed. What’s different is these are two men who choose to live together to share expenses and they found a house that they wanted to live in and they moved in. When I moved into my house I didn’t have to ask permission of the neighbors. And that was the same thing with these gentlemen. They happened to have developmental disabilities but they still have the same rights as you and I and they are citizens of our community. And our job is to support them in whatever way that they need. Our agency does need what’s called a Private Home Care license. That license allows us to go into people’s homes. We have an agreement, a service agreement just as a home health agency would have a service agreement before they go in and deliver services to people. And so that’s how our agency got involved by providing these services. Mr. Mayor: Okay, thank you, ma’am. I think that explains it a little better but the presentation is limited to five minutes so I think if there are any further questions you might have of her, we could go ahead and ask them outside in the hall or because as I say it was limited to five minutes. But thank you, sir, thank you, ma’am. Mr. Johnson: Mr. Mayor. Mr. Mayor: Mr. Johnson. Mr. Johnson: Ms. Duncan, can I get Ms. Duncan to come back to the stand, please? I do have a question. You said these are two guys that are rooming together? And what kind of disabilities do they have? Ms. Duncan: They are developmentally disabled. Basically I guess just a real simple way of describing that they have intellectual deficiencies. A sub-average intellectual function can learn how to do things, how to function but they may learn it at a different pace than you or I would or in a different way than you or I would. One of the concerns that came to me was that these folks are drug addicts. No, sir, the individuals that we’re talking about, a term you may have heard more often, they have mental retardation. Mr. Johnson: So how would they be competent enough to lease a home and all of that --- Ms. Duncan: Neither one of these gentlemen have ever been declared incompetent and people who have developmental disabilities can function in a variety of ways. Some people just, there’s a range of disabilities within developmental disabilities and these two individuals have never been declared incompetent. Mr. Johnson: Okay, so what kind of services are Serenity providing to them if they’re not? 6 Ms. Duncan: We have, there are two primary services we’re providing. One is called Companion Sitter and then Personal Care. I have a little information flier that I’ve prepared in case any of you are interested. It gives a little bit of information about private home care as well as a contact number for myself and the residential manager. And just as an aside we did offer to meet with the neighborhood association and have not received a call back from them to do that. Because we were surprised, we had made that offer last week and then were very surprised that it had gotten here before we had had an opportunity to meet. Mr. Johnson: Okay, Mr. Mayor, I’d like to motion if we can to form a committee to look a little bit more in depth on this issue. I find it disturbing if you have two people that are somewhat you know mentally retarded to be living together. You know it’s like having two blind people living in the house together. How is one going to show the other one how to maneuver or get around? So I do have a concern about that and I think the community’s concerned because they wasn’t notified in the beginning of this situation. And I now you all may not have known that these people were going to be living in that particular house because the lease or what have you hadn’t had nothing to do with Serenity. You know but at the same time it still should be some, some regulations some rules and regulations to two mentally retarded people living in a home together regardless of you know how much you make to consider that. So we maybe need to look into, I’ll speak with I guess our general counsel on that and see what we can do about that. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. As being somebody who moved into a home with two mentally retarded people had lived in from the prior 50 years it does nothing to the value of your home, it does nothing to your neighborhood. They’re loving people and we need to treat them as such. Mr. Mayor: Okay. Mr. Grantham: Amen. Mr. Mayor: Agreed. Okay. Thank you so much. Corey, if you’ll get with, Okay. Um, Madam Clerk, let’s move on to the consent agenda. The Clerk: Yes sir. Our consent agenda consists of items 1-32. Items 1-32. I call your attention to the Planning portion of our agenda. If there are any objectors to any of the planning petitions when they are read would you please signify your objection by raising your hand. Item 3. Which is a petition requesting a special exception to establish a congregate personal care home and an adult day care in a P-1 (Professional) zone located at 2136/2138 Circular Drive. Item 4. Is a petition for a change of zoning from a Zone R-1A (One-family Residential) to a Zone B-2 (General Business) affecting property known as 3234 Deans Bridge Road. The Clerk: Are there any objectors to those planning petitions? 7 Mr. Russell: None noted, Madam Clerk. The Clerk: Under our Public Services portion of the agenda our alcohol petitions. If there are any objectors to any of the alcohol petitions would you please signify your objection by raising your hand when the petition is read. Item 6. Which is for a retail package Beer & Wine license to be used in connection with Sunoco Walton Way located at 2013 Walton Way. Item 7. Is for a retain package Wine license to be used in connection with Aggie’s Convenience Store located at 3040 Meadowbrook Drive. Item 8. Is for a retail package Beer & Wine license to be used in connection with Shanti Enterprises, Inc. located at 1502 Central Avenue. The Clerk: Are there any objections to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Our consent agenda items 1-32. Mr. Mayor: Okay, do we have any additions to the consent agenda? And I believe if everybody’s comfortable with the resolution we have on #35 I’d like to --- Mr. Grantham: Put it on. Mr. Mayor: See 35 added? Mr. Grantham: Put it on consent. The Clerk: Thirty-four and thirty-five? Okay. Mr. Mayor: Okay. We have 34 and 35 added to the consent and if nobody’s going to add 33 I guess we now need to go any items to be pulled for discussion. Commissioner Mason. Mr. Mason: Yes sir, thank you, Mr. Mayor. I just like, just some clarification. We don’t need to pull it but I’d like to hear from Ms. Bailey on item 17 just for the record to show specifically the reason for that $71,000 so that we could get that out there. Mr. Mayor: Okay. Ms. Bailey. Ms. Bailey: Thank you, Mr. Mayor. That $71,000 is to be used to buy 33 new pieces of voting equipment. And what our plan is is to take these newer model pieces of equipment and put them at the advanced voting site. Because they have more memory and they’re faster and those are the areas where we really expect to be heavy volume during the presidential election. Then it would allow us to take the 30 units that would be at those sites and send them out to the poles to accommodate the extra voters that we anticipate in the November election. 8 Mr. Mason: Excellent. Mr. Mayor: Okay. Thank you, sir. Commissioner Johnson. Mr. Johnson: Thank you Mr. Mayor. Item #3. The Clerk: You want to pull that one? Okay. Mr. Johnson: I’d like to pull that for more discussion. Mr. Mayor: Okay. Do we have any other items to be pulled for discussion? Okay hearing none I would look for a motion to approve the consent agenda. Mr. Holland: So moved. Mr. Smith: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. CONSENT AGENDA PLANNING 1. ZA-R-193 – 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 adding a new Section 22-2 (f) for a Special Exception option in a B-2 (General Business) Zone for business parks that will have greater than 50% of the building(s) used for storage. 2. FINAL PLAT – MAGNOLIA VILLAS, PHASE II-S-694-II – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Southern Land Surveyors, on behalf of Paul McElmurray, requesting final plat approval for Magnolia Villas, Phase II. This residential townhome development is located off Magnolia Villas Drive, adjacent to Magnolia Villas Phase I and contains 64 lots. 4. Z-08-55 – A request for concurrence with the Augusta-Richmond County Planning Commission t approve a petition by Eddie Kuglar, on behalf of Florine Taylor, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone B-2 (General Business) affecting property containing approximately 1.1 acres and is known as 3234 Deans Bridge Road. (Part of Tax Map 108-0-005-0-0) DISTRICT 5 PUBLIC SERVICES 5. Motion to approve an expenditure of $25,000 from the contingency account for diesel fuel costs and receive a report back in four weeks regarding a plan to cover future fuel expenses and providing the status of the transit route study, bus advertising, a review of the temporary routes in place and levels of ridership. (Approved by Public Services and Finance Committees August 11, 2008) 6. Motion to approve New Ownership Application: A.N. 08-35: request by Swany Soonhwa Lee for a retail package Beer & Wine license to be used in connection with Sunoco Walton 9 Way located at 2013 Walton Way. District 3. Super District 10. (Approved by Public Services Committee August 11, 2008) 7. Motion to approve New Ownership Application: A.N. 08-36: request by Babulal Patel for a retail package Beer & Wine license to be used in connection with Om Sai Foodmart, LLC DBA Aggies Convenience Store located at 3040 Meadowbrook Dr. District 5. Super District 9. (Approved by Public Services Committee August 11, 2008) 8. Motion to approve New Ownership Application: A.N. 08-37: request by Prakafh V. Bhatt for a retail package Beer & Wine license to be used in connection with Shanti Enterprises, Inc. located at 1502 Central Ave. District 2. Super District 9. (Approved by Public Services Committee August 11, 2008. 9. Motion to approve a contract for construction of an eight (8) court tennis complex at Diamond Lakes Park to Garnto & Gearig Brothers Construction, LLC in the amount of $713,514.36. (Approved by Public Services Committee Augusta 11, 2008) 10. Motion to approve allowing the DDA to set up/organize the Christmas Light Up Spectacular as a Downtown Development Authority event. (Approved by Public Services Committee August 11, 2008) ADMINISTRATIVE SERVICES 11. Motion to approve library construction bid award to R.W. Allen with a base bid of $16,287,000.00. (Approved by Administrative Services and Finance Committees August 11, 2008) 12. Motion to approve Resolution transmitting the Community Agenda element of the Augusta-Richmond County Comprehensive Plan to the CSRA Regional Development Center (RDC). (Approved by Administrative Services Committee August 11, 2008) 13. Motion to approve change of job descriptions at the Augusta Library. (Approved by Administrative Services Committee August 11, 2008) PUBLIC SAFETY 14. Motion to approve purchase of Intensive Use Chair for E9-1-1. (Approved by Public Safety Committee August 11, 2008) 15. Motion to approve requested modifications to the Information Technology Department at no cost. (Approved by Public Safety Committee August 11, 2008) FINANCE 16. Motion to approve abatement of County Ad Valorem Taxes on the properties acquired by Augusta-Richmond County. (Approved by Finance Committee August 11, 2008) 17. Motion to approve funding to purchase Voting Equipment in the amount of $71,000. (Approved by Finance Committee August 11, 2008) 18. Motion to approve funding for August 5, 2008 General Primary Runoff in the amount of $55,000. (Approved by Finance Committee August 11, 2008) 19. Motion to approve a request that funds be transferred to License & Inspection and RCCI from General Fund Contingency to cover cost of radio re-banding. (Approved by Finance Committee August 11, 2008) 20. Motion to approve a request from Paine College for city sponsorship through the purchase of rickets for the Inaugural Scholarship Ball. (Approved by Finance Committee August 11, 2008) 10 ENGINEERING SERVICES 21. Motion to approve with the addition of Doug Barnard Parkway from Tobacco Rd. To Highway 56 to the attached list of streets proposed for submittal to the Georgia Department of Transportation for inclusion in the 2009 LARP. (Approved by Engineering Services Committee August 11, 2008) 22. Motion to approve an Option for the purpose of acquiring a Right-of-Way between Norman C. Skalicky, 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; 0.011 acre (490.32 sq. ft.) in fee and 0.005 acre 209.97 sq. ft.) of permanent construction and maintenance easement from the property located at 2819 Brickrun Way, Project Parcel 49 (Tax map 013-1, Parcel 254) at a purchase price of $35,000.00. (Approved by Engineering Services Committee August 11, 2008) 23. Motion to approve execution of Project Framework Agreement with Georgia Department of Transportation which will require Augusta Richmond County to cover the relocation cost for the City’s existing water and sewer lines affected in the GDOT widening of State Route 56 from Bennock Mill Road to Old Waynesboro Road. (Approved by Engineering Services Committee August 11, 2008) 24. Motion to approve (CPB #324-04110-203824335) Change Number Four in the amount of $6,549,090.64 with funding of $56,642.00 from SPLOST Phase IV Recapture, $1,600,000.00 from (Augusta Utilities Department), and $87,000.00 from (Augusta Recreation Department) for Project Engineering and Construction. Also approve award of Construction Contract to Blair Construction, Inc. in the amount of $6,549,090.64 for the Belair Hills Subdivision Improvements Project, subject to receipt of a detailed project schedule, a contractor’s project team approved by the Engineering Department, a traffic control plan, a staging plan, assigned contract(S) and proper bonds. Also approve Supplemental Agreement Number Four to W.R. Toole Engineers, Inc. in the amount of $174,000.00 for additional services that include construction observation and field engineering. (Approved by Engineering Services Committee August 11, 2008) 25. Motion to approve Supplemental Agreement Number Two to Cranston Engineering Group, P.C. for additional Professional Design Services of the D’Antignac Street Drainage Improvements Project in the amount of $166,130.00 for the Engineering Department. (Approved by Engineering Services Committee August 11, 2008) 26. Motion to grant and convey to Georgia Power an easement for installation of an underground electrical distribution line through property owned by the City located on Highway U.S.1 for the Augusta Waste Management Plant for a nominal value of $10.00. (Approved by Engineering Services Committee August 11, 2008) 27. Motion to grant and convey to Georgia Power an easement for installation of an underground electrical distribution line through property owned by the City located on Highway U.S.1 for Augusta Fire Department Training Tower for a nominal value of $10.00. (Approved by Engineering Services Committee August 11, 2008) 28. Motion to approve award of contract to Hardy Appraisal Services in the amount of $14,500.00 for preparing appraisals on the Marvin Griffin Road Project (CPB 323-041110- 296823603), subject to receipt of a detailed work schedule and a signed contract to be funded from the project Right-of-Way account for the Engineering Department. (Approved by Engineering Services Committee August 11, 2008) 11 29. Motion to authorize the Engineering Department to approve Supplemental Agreement Seven (7) with PBS & J in the amount of $68,358 to update the traffic counts and cover additional costs associated with the extended project schedule as part of the improvements to Wrightsboro Road from Jimmie Dyess Parkway to I-520, ARC #323-04-296823309. Funds will be transferred from the project Right of Way Account to the project Engineering Account. (Approved by Engineering Services Committee August 11, 2008) 30. Motion to authorize the Engineering Department to cancel the existing contract with US Infrastructure, Inc. for design services associated with Phase I of the Wrightsboro Road Widening Project and advertise a Requests for Proposals for Engineering Services to complete the design of this project. (Approved by Engineering Services Committee August 11, 2008) PETITIONS AND COMMUNICATIONS 31. Motion to approve the minutes of the regular meeting of the Commission held on th August 5 and the Special Called meeting held August 11, 2008) APPOINTMENTS 32. Motion to approve the appointment of Mr. Jay Forrester to the Augusta Aviation Commission at Augusta Regional Airport representing District 10. PETITIONS AND COMMUNICATIONS 34. Ratify and authorize the May to execute a quitclaim deed for the conveyance of property located at 2940 Shelby Drive. 35. Motion to approve a Resolution of support for full State funding of the Homestead Tax Relief Credit Program for this fiscal year. Mr. Hatney abstains. Motion carries 9-1. [Items 6-8] Motion carries 10-0. [Items 1-2, 4-32, 34, 35] The Clerk: It’s unanimous. Mr. Mayor: Magnanimous. The Clerk: Magnanimous. Okay, you want the record to reflect that --- Mr. Hatney: Yes. The Clerk: --- that you’re abstaining on alcohol, Dr. Hatney? Mr. Hatney: Thank you. The Clerk: Okay. Mr. Mayor: And, Madam Clerk, if we could go to item #3, the pulled agenda item first. 12 The Clerk: PLANNING 3. Z-08-54 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Augusta Therapy Center, on behalf of Krishan Vaid, requesting a Special Exception to establish a congregate personal care home and an adult day care in a P-1 (Professional) Zone per Section 20-2 (b) and Section 26-1 (e) affecting property containing .75 acres and is known under the present numbering system as 2136 and 2138 Circular Drive. (Tax map 098-3 Parcels 221 and 222) DISTRICT 2 Mr. Mayor: Commissioner Johnson, this was yours. Mr. Johnson: Yes, thank you, Mr. Mayor. Is the people, the owners here of that establishment here today? I don’t recall this going through committee here and I’d like to get some information. Mr. Mayor: Mr. Patty. Mr. Patty: Yes, sir, this is located just off of Highway 25 on Circular Drive. And it’s a house, it was actually two houses at one time that were connected and converted into professional offices. It’s been a number of things over the years all, similar to what they’re asking for today. It’s zoned professional but in order to do professional, or to do congregate care or any residential in a professional zone you have to have a Special Exception and that’s what this is about. They want to do two things in that home and they involve, both involve counseling, congregate care and there were no objectors and you know the house is set up for it. It’s one that probably good be zoned commercial. Mr. Johnson: So they’re no petitioners or nobody was opposed to it? Mr. Patty: No, sir. The sign was on it, all the legal requirements procedurally were met and no, we’ve had this thing three or four times and nobody’s ever objected to any of these types of businesses. Mr. Johnson: Okay. Thank you. Mr. Mayor: Okay, can I get a motion to approve? Mr. Jackson: So moved. Mr. Smith: We have a motion and second. If there is no further discussion Commissioners will now vote by the usual sign of voting. Motion carries 10-0. Mr. Mayor: All righty, Madam Clerk, agenda item number 33. 13 The Clerk: PLANNING 33. Z-08-51 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that the site plan must substantially conform to the concept plan submitted with the petition with the access to North Leg being supported but excluded from this condition: a petition by James C. Overstreet, Jr., on behalf of Harry E. Dawson, requesting a change of zoning from zone R-1A (One-family Residential), Zone R-3B (Multiple-family Residential) and Zone LI (Light Industry) to Zone R-3B affecting property located on the southwest corner of the intersection of Sibley Road and the Seaboard Coastline Railroad line containing approximately 69.13 acres. (Tax Map 055-0- 002-00-0) DISTRICT 5 Mr. Mayor: Mr. Patty. Mr. Patty: This is a pretty large tract. It’s just south of the Georgia Railroad between North Leg and Sibley Road. It’s 69 acres and of those 69 acres 22 acres are zoned for apartments R-3B, 45 acres are zoned for Light Industry (LI) and an acre and a half is zoned residential, single family residential R-1A, R-1 I’m sorry. The applicant wants to consolidate the zoning so that it’s all zoned R-3. He’s like to build an apartment complex on it. We’ve got a plan. The applicant’s here to present that plan. They agreed to several conditions. One of which, well essentially was to follow the plan. I’ve got the plan in the file, which I’m sure he’ll show you. But it shows a 100-foot buffer on Sibley Road, it shows a relatively sparse development in the property about 12 units per acre overall on the property. There’s some wetlands that they would preserve. I think really you’re down to one issue. You’ve got some objectors here and it’s sort of, the sort version of this is they applicant has expressed that he would like to explore the possibility that, the frontage this has on North Leg is right south of the railroad overpass there and obviously the frontage at that point is way to steep to get a driveway in there. It would be practically impossible. The location on North Leg, the frontage example on North Leg is right at the overpass so it would be practically impossible to get a driveway there. He has expressed a desire to get a driveway, to get access through the Health Department’s location which is on down then actually have frontage on North Leg at that point. But he would like to explore the building and get access through that existing driveway but I don’t think he’s here yet. I’m going to let him explore that. The Planning Commission recommends that you approve it with the conditions, you know with the 100-foot buffer on Sibley Road and the relatively sparse development in back. Most of it is already zoned for Light Industry which could be you know warehousing or any kind of light industry. You know we think it’s a reasonable request. We recommend you approve it. Mr. Mayor: Commission Holland. Mr. Holland: Thank you, Mr. Mayor. I think we have some objectors here. Would someone like to speak to that? Because this is in Super District 9 and District 5 and we’d like to hear what they have to say in reference to this if you don’t mind, Mr. Mayor. 14 Mr. Mayor: Okay. And if you could state your name and address for the record, please, sir. Mr. Green: Good evening, Ladies and Gentlemen. My name is Bishop L.A. Green. I’m a community resident there our commissioner is Commissioner Holland and we don’t have everybody here today because we’ve got business owners and teachers and stuff in that community. Number one we do not want to stop progress in our area. We don’t want to stop progress in Augusta. That’s one thing we’re not here to do. We’re not here to stop progress, okay? What we are here for is to bring to light what is happening in our community. Now if you know anything about Sibley Road coming from Gordon Highway to Wrightsboro, I’ve come here from Gordon Highway to North Leg. We don’t have but two lanes coming there. Now in morning we got two trains coming through which backs up traffic. Noon day we’ve got trains coming through, that backs up traffic and in the afternoon we’ve got trains coming through that backs up traffic, okay? Not only that we’ve got school buses in there, we’ve got about four or five business school busses in there that backs up traffic in the morning and in the afternoon and it’s real bad now. Now if we are talking about having about 750 parking spots there in that community just coming out to Sibley Road we’re going to have a problem. I don’t think you gentlemen are ready to be enlarging Sibley Road to four lanes, two coming one way and two coming the other. I don’t think you’re thinking about getting into money like that because if you do I think you’re looking into millions. They also talk about putting sidewalks there okay I understand that. But the main thing about it is we have the senior citizen complex already there. We have the new one being built right now. We have Forest Brooks, well Forest Apartments right down the street from it. And we have Sibley Community there along with Collin, Collins Park Community, all of that from Gordon Highway to Wrightsboro Road. So the bottom line is if we can’t stop the progress the only thing we’re looking for right after that is that as I talked with Mr. Patty and talked to Mr. Austin is that this company could go through the Health Department and they’re supposed to be negotiating with the Health Department so they can come through the Health Department and go on to North Leg Road, which would lighten up the traffic on Sibley. With a 100 feet buffer it would be great you know but right now we really don’t want it in our community if it’s going to cause a lot of problems. But since we can’t stop it seems like we would prefer having you guys at least take a look at it, table it or hold it up until they finish negotiating with the Health Department so they can run that road into North Leg is possible. Mr. Mayor: Okay, thank you, sir. And just to give equal time we would like to hear from the applicant now. Mr. Speaker: Mr. Mayor, my name is Jim Overstreet. I’m an attorney representing Dr. Dawson and his family who owns this 70-acres and I’m going to try and hold this up. This is --- Mr. Grantham: He can put it on the screen. Mr. Dawson: Oh, okay. This is a 69 a little over 69 acre tract roughly 70 acre tract, which abut on North Leg and Sibley Road and the railroad there. After discussions with members of the community our consensual plan was revise to add the 100-foot buffer along Sibley Road. There were some concerns from the community members about the apartment complex being right on Sibley Road. At the suggestion of staff and the suggestion of the 15 community we’ve added a 100-foot buffer along Sibley Road so that the only place the 100-foot buffer does not exist is the entrance way off Sibley Road. They access into North Leg was something we tried to do to address traffic concerns. During my meetings with community members they expressed some concern over the traffic that might be hazardous to Sibley Road as a result of possible development. And as Mr. Patty says and y’all may be familiar with this the slope at North Leg right at that railway is so steep that access to it was not an option. So we began to explore the possibility of an access easement back through the property on North, which is partly owned by the Health Department and partly owned by some of the Kuhlke family. Those I guess from the very beginning stated did not committed full efforts to obtain an access easement until the zoning is complete. It is being marketed as a potential site for an apartment condo type complex. I’m informed as of this is being marketed towards a possible senior citizen development. I think we all agree it’s been landscaped well it’s been buffered well. We have agreed with the staff of the Planning and Zoning Commission should it be approved it would approved upon the condition that the plans substantially conform to this plan. Normally these things as you all are well aware are done on a concept basis. It’s really just a pretty picture taken another step further and agree to be bound by. The only thing not shown on this plan, I’m informed by Mr. Patty we would have to build sidewalks in order to get approval. At the final site plan we would have build sidewalks along Sibley Road, which this concept does not show which we have no opposition to. Planning and zoning commission has approved our request to basically take these last few acres that are still R-1 and change the entire zoning to R-3B. We just ask the county commission to affirm that and approve the same. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: Sir, what would happen with the continuance of this until you get your negotiation with the Board of Health approved? Mr. Overstreet: My client is hesitant to spend the money in an effort to go get an access easement to address the community concerns about the apartment complex development before they have the zoning finished. It’s kind of a horse and a cart type issue that the Health Department of whoever we go to about an access easement is going to want to know what purpose of the access is. We’re infringing, we’ve been infringing and negotiating for access to private landowners. We wouldn’t be able to promise them what would be going or affirming them what the zoning was about. Mr. Hatney: So you want us to approve this without you’re having negotiated. That’s the dilemma I’m in. I have no question or problem with the project because the way I understand it you can put anything there you want to anyway with the exception of an acre and a half. Is that what I heard Mr. Patty say? Mr. Overstreet: A 100-foot buffer is that what you’re --- Mr. Hatney: No, he mentioned that most of the site was zoned already for industry, light industry and stuff with the exception of an acre and a half I think you mentioned. 16 Mr. Patty: Twenty-two acres multi-family, 45 acres light industrial, 1.5 acres R-1 but he can’t build multi-family, you can’t build residential in an industrial zone so while he can do some things that might be worse neighbors than apartments in that industrial zone he can’t build apartments in there. So he needs a zoning in order to do what he wants to do. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. What I’m hearing I think we need to understand is that we’re being requested to approve the zoning contingent upon the fact that they get the ingress and egress through the Board of Health properties. And if we approve it to give you that go ahead you get it approved than everything’s in order for what you’re looking for and what the neighborhood is looking for. In the event that you do not get it approved to go through that property then our approval is null and void. Mr. Mayor: Mr. Patty. Mr. Patty: That’s not the way this is written. I’m not suggesting this is something you might want to do but that’s not what this says. What it says is you build it substantially according to this plan with the exception that it access through the Health Department because that’s unknown at this point. No you could do that but let me tell you the traffic on Sibley Road the most recent count we got is 42,020 vehicles a day and a two lane road like that’s got the capacity of at least 10,000. That’s not to say that there aren’t problems with the sidewalks and there isn’t a problem up there at that angled intersection, acute angled intersection up at North Leg and Sibley Road because there are. The capacity of the road, the need to four-lane road getting through there. Mr. Mayor: Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. Uh, Mr. Mayor, in view of the fact that there’s some controversy in reference to trying to get this plan approved I would like to make a motion that we table this until the company can get together with the neighborhood association and get together with Mr. Patty to come up with the information that is needed to be approved in reference to them putting those apartments there. Sibley Road is a well-traveled road and any addition in terms of any kind of industry or any kind of apartments will increase the traffic flow there. So I’d like to make a motion at this time that we table this until the neighborhood association, this gentleman here the attorney and Mr. Patty and they can get together and sit down and discuss this and find out whether or not the Health Department or whether or not they can get an access or egress away from the North Leg area so they would be able to enter in and out of that particular area on North Leg. Mr. Russell: Do you want to table it or postpone it to the next meeting? Mr. Holland: Well, we can postpone it to the next meeting. Mr. Hatney: I second that. 17 Mr. Holland: Postpone it to the next meeting until you all get together. Mr. Mayor: Okay, so we have a motion and a second to postpone it to the next meeting. I’ll go Commissioner Brigham, Commissioner Bowles then Commissioner Grantham. Mr. Brigham: Can we put the schematic back up there for a minute? I was curious, that straight line I see down at the bottom kind of angled. Is that the button to Veterans Drive? Where the little pipe that comes up and --- Mr. Bowles: --- to Jerry it’s kind of a diagonal line actually. Mr. Brigham: It’s a diagonal line, well it runs straight. It’s kind a, it’s an angle. Mr. Overstreet: Here? Mr. Brigham: Yes. Mr. Grantham: That’s a road. Mr. Overstreet: No, that’s a stream. Mr. Brigham: That’s a stream, but is that stream next to Veterans Drive is what my question is. Mr. Overstreet: I couldn’t affirm it to you one way or the other. Mr. Holland: That stream runs by the railroad tracks. Mr. Brigham: Ingresses and egresses they could have. It’s up to the Mayor. Mr. Mayor: Let me address me address the conditioner, the conditioners, the Commissioners first and then and, ma’am, I’m not aware of who you are. What are you speaking on behalf of? Ms. Speaker: I’m speaking against this (inaudible) I’m the treasurer of the neighborhood association (inaudible). Mr. Mayor: Okay. And we actually we’ve heard from somebody on behalf of the community. I’m going to take the commissioners in the order of Commissioner Bowles then Commissioner Grantham. And we have a motion on the floor to move this agenda item to our next meeting, which would give ample time and I’m for the neighborhood and the developers to get together. So let me run down in that order and if we don’t have a substitute motion we’ll vote on that and then that will give you ample opportunity to get together with the developers. Commissioner Bowles. 18 Mr. Bowles: I’d like to ask the petitioner if the wetlands are going to the green space or do they have any plans for the wetlands in there. Mr. Overstreet: There’s not any plans to, there have been no affirmative plans to give them the green space or not give them the green space. I’m sure that’s a viable option. And if I may I certainly welcome the opportunity to talk to the neighborhood again but I don’t want to mislead the Commission. At the request of the neighborhood I spent approximately an hour with an ad hoc group of neighbors to answer any questions that they had until everyone had left. I don’t know that Mr. Patty had that opportunity or maybe he doesn’t want to be part of that process may he does. I’m more than willing to continue to discuss it but I don’t want to mislead the Commission in that that has not been attempted and that the members of the community had an opportunity or wanted to discuss. And we had this conception drawn in but I’m here to answer --- Mr. Bowles: Thank you. And one other point, Mr. Mayor, this is it’s got various zonings, industrial and residential currently it’s reminding me a lot of Forum Development and the lawsuit we lost in there. It’s not our authority to dictate to property owners what they can and can’t do to their properties. So I’d like to make a substitute motion for approval of the Planning and Zoning’s recommendation. Mr. Grantham: Second. Mr. Mayor: Okay. Commissioner Grantham. Mr. Grantham: Mr. Mayor, my comments would be directed to Mr. Patty. And because of the delay that we’re asking for now, how long was the posting done for the rezoning request? Mr. Patty: Well, we delayed it once so I can tell you here. Mr. Overstreet: (inaudible) in June then deferred it to July because our conceptual had changes made to it. th Mr. Patty: We field checked it on June 19 so it was going to --- Mr. Grantham: So you had a good two months with this being on the subject matter with everyone having an opportunity to discuss it. And based on your commission’s recommendation was to approve it but did it have any exceptions to the plan --- Mr. Mayor: Special stipulations. Mr. Patty: Well, it said it had two conditions or stipulations. One that it substantially conform to the plan which shows the preservation of the wetlands and a 100-foot buffer raised. Mr. Grantham: Right. 19 Mr. Patty: And the density, you know the road configuration that couldn’t substantially change without coming back to you guys. The number of units, which, couldn’t substantially change. But the one thing that was uncertain at the time the Planning Commission didn’t feel it was appropriate given the zoning of this property the zoning of the surrounding property, surrounding properties the tightest thing to absolutely having access to North Leg through this private property which they you know may or may not be able to get. Mr. Grantham: Thank you, Mr. Mayor. Mr. Mayor: Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. You know once again I’d just like to reemphasize the fact that you know I still feel that the constituents and the people in that neighborhood need to get together with the owners of that property and the attorney to sit down and discuss you know the stipulations in reference to putting those apartments or putting those homes over there. So my motion still stands for us to postpone until a later date until they get together and have an opportunity to share this information with them. So I, like I said my motion still stands, Mr. Mayor. I can’t vote for them to go ahead with this right now. Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: Thank you, Mr. Mason. I would wonder if the maker of the substitute motion, Mr. Bowles, would consider we talked about a contingency earlier in reference to the Health Department and I’m wondering if he would consider adding that on to his motion for approval. Mr. Bowles: I would not, no. Mr. Mason: Okay. Mr. Mayor: Okay, we have a substitute motion on the floor. It’s been seconded. We have heard from the petitioner. We’ve heard from a representative of the neighborhood as well. So we have heard from both sides so if there’s no further conversation Commissioners will now vote by the substitute sign of voting. The Clerk: We’re voting on the substitute motion. Mr. Mason: Which is? Mr. Mayor: Which is to approve. The Clerk: To approve the recommendation of the Planning Commission. Mr. Johnson, Mr. Mason, Mr. Holland and Mr. Smith vote No. Mr. Hatney abstains. Motion fails 5-4-1. 20 Mr. Mayor: Okay, we have a primary motion on the floor. The original motion, Madam Clerk, if you could read it back. The Clerk: Was to postpone to our next meeting in order to allow the developer, the neighborhood association and the Planning Commission to meet and work out. Mr. Mayor: If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Jackson, Mr. Brigham and Mr. Grantham vote No. Ms. Beard abstains. Motion carries 6-3-1. Mr. Mayor: Okay, Madam Clerk, I believe that um, Mr. Russell. Mr. Russell: Mr. Mayor, if I may for a second. You have in front of you a document from myself in reference to solid waste fees. As you know the resolution that was developed regarding the solid waste collection allows the director of solid waste to do a regular raise based on the consumer price index of the previous year. Since the inception of this contract in 2005 we have not taken advantage of that particular option. But because of increased costs in this particular point in time I’d like to inform you that I’ve given Mr. Johnson the approval to go ahead and do so. It’s the first time since this contract was initiated in 2005 that we’ve forced to raise the rates. Based on what you’ve told us and the direction you’ve given us we’ve attempted to keep that as low as possible. The minimum that we’d raise the rate was approximately, is $11.00 per customer per year based on the consumer price index. Just wanted to inform you of that, sir. Mr. Mayor: Thank you and I believe we have the need for a Legal Meeting. Is that correct, Madam Clerk? The Clerk: Yes, sir. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 36. Motion to go into a Legal Meeting. Mr. Mayor: I would look for due to the fact that that’s a regular commission agenda I would look for a motion to authorize execution by the Mayor, excuse me, where am I? I would look for a motion for us to go into legal session to discuss pending and potential litigation, real estate and personnel. 21 Ms. Beard: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Jackson votes No. Motion carries 9-1. [LEGAL MEETING] ADDENDUM 36. Motion to approve the appointment of Mr. Roderick Powell as Human Resources Director at an annual salary of $100,000 per year. Mr. Mayor: I call on Mr. Russell. Mr. Russell: Mr. Mayor, as is our practice two weeks ago I announced a candidate for the position of Human Resources Director. It would be appropriate at this time for someone to enter a motion to approve that candidate at an annual salary of $100,000 --- Mr. Jackson: So moved. Mr. Russell: --- per year with standard benefits. Mr. Mayor: We have a motion. Is there a second? Mr. Grantham: Second. Mr. Mayor: We have a motion and a second. If there is no further discussion Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Russell: For the record that candidate is Roderick Powell. I didn’t say that. Mr. Hatney: You didn’t say it. Mr. Russell: Roderick Powell for the record. I apologize. Mr. Mayor: It’s magnanimous, Madam Clerk. LEGAL MEETING 38. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. 22 Mr. Mayor: And the, I just need a motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Hatney: So moved. Mr. Johnson: 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 10-0. Mr. Mayor: And another unanimous decision. Thanks, everybody, for a good days work and no other business comes before us we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on August 19, 2008. _________________________ Clerk of Commission 23