Loading...
HomeMy WebLinkAboutCommission Meeting March 18, 2008 REGULAR MEETING COMMISSION CHAMBER MARCH 18, 2008 Augusta Richmond County Commission convened at 2:00 p.m., March 18, 2008, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Mason, Grantham, Beard, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hon. Hatney, member of Augusta Richmond County Commission. The invocation was given by the Reverend John Lockhart, Pastor, Fellowship Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Reverend Lockhart, we’ve got a little something for you. The Clerk: On behalf of the Mayor and members of the Commission we’d like to thank you for that inspiring petition to heaven on our behalf. We thank God for that and we give you a token of our appreciation for being here with us today. Thank you and God bless you. (APPLAUSE) Mr. Mayor: Next item, Madam Clerk. The Clerk: RECOGNITION(S) Employee of the Month A. Mr. Jeff Lewis, Information Technology Department, February Employee of the Month. The Clerk: Mayor Copenhaver. The Employee Recognition Committee has selected Jeff Lewis as the February Employee of the Month for the City of Augusta. Even though he has only been an employee with the Information Technology Department for a little over a year Mr. Lewis hit the ground running developing new ways to replace outdated reporting systems. Mr. Lewis was nominated by fellow coworker Matt Mixon. Mr. Lewis was key, was a key part in the success of the new presentation system of the Commission Chambers. He was asked to become an expert in a very short period of time. Gary Huett, Assistant Director of IT stated, “Without Jeff’s dedication and determination this project would not have been nearly as successful”. The time he took to fully understand the system and design the voting process did not go unnoticed. This is the kind of teamwork that makes the IT Department run smooth and look great to the rest of the Government. The committee felt that based on his nomination and Mr. Lewis’ dedication and loyal service to the City of Augusta we would appreciate you in 1 joining us in awarding Mr. Jeff Lewis Employee of the Month for the month of February. Congratulations Jeff. (APPLAUSE) Ms. Allen: As stated Jeff has been with us for a short period of time but he has actually proven to us it does not matter the amount of time that a person is working with the company or an organization. It matters what they contribute or what they bring to the organization. And two of the characteristics that Jeff has brought to the organization is customer friendly and the ability to show teamwork. He’s a true team player. He’s an asset to this organization and we are very, very elated to have him as part of our team. Thank you, Jeff. Mr. Lewis: Thank you. Mr. Mayor: Madam Clerk, on to the delegations and I think the first one will show how hard Jeff and the rest of IT worked on this system. The Clerk: DELEGATIONS B. Augusta Convention and Visitors Bureau (CVB). RE: Presentation of Phase I of the Augusta Wayfinding Plan. Mr. White: Thank you, Mr. Mayor and members of the Commission. We’ve got some great views to share with you today and I am the beneficiary of some of Jeff’s work. We’ve got Power Point. This is the first time we’ve been able to use it and I’m very excited about it. We’re here to share the results of the plan we’ve been working on for about a year and a half and you’re going to see the visible results next month. What is Wayfinding? Why is it important? Wayfinding enables people to get to specific destinations and to learn their way around in a very easy way either on foot or in cars or vehicles. It’s beneficial because it shows a, it’s easy for people to move throughout the city, it creates a strong first impression and it minimizes sign clutter and compliments the environmental surroundings. It improves visitor satisfaction and it increases the number of return visits. It also allows us to market our attractions and sights. For the past year and a half the CVB has been working on this comprehensive plan for Wayfinding signs in Augusta to benefit both the visitors and the residents. The plan consists of many different sign types and you’ll see some of those on the screen. First you have gateway signs on the left then you’ll have another version of the gateway sign. You’ll have vehicle directional signs directing people to specific destinations. That could be to the Museum of History, Lucy Laney. It could be to parking areas, which, are currently not marked or even to the Municipal Building. You also have site arrival signs. You have visitor information kiosks with maps and then you also have the pedestrian directional on the right hand side. So we just want to introduce you to the overall plan but I want to share with you specifically about Phase I. Phase I is going to consist of downtown arrival signs and banners, vehicular directional signs and we’re going to th be part of the demonstration block on 10 Street with pedestrian directional signs and pedestrian kiosks. For the purpose of the Wayfinding Plan we’ve identified two major districts. Downtown th runs from Laney Walker to the river and from 15 to Gordon Highway and then the Medical District in blue. And the idea is to direct people to these major districts once they’re inside those districts and then they can see the different attractions and sites within the districts. First there’s 2 going to be some gateways and some district identifiers on the map and I’ll use the pointer on this screen up here. Design number 57 you’ll see once these signs, this is on Broad Street, this is Gordon Highway. So in the median on Broad Street will be one of the signs welcoming people th to downtown Augusta. This will be in the center of the downtown district at 9 and Broad in the median and you’ll see a sign at that location. You’ll also see a sign as you’re coming down the th Calhoun Expressway, when you come down the ramp right at 12 street. There will be a sign right here in the median. One of these signs and these will be lighted. You’re going to see th banners on 13 Street coming in from South Carolina. You’re also going to see banners on Walton Way on the bridge crossing the railroad tracks. The reason is there’s very little real th estate at 13 Street Bridge and we needed to do banners instead of a sign at that location. Also on Walton Way you’re going to see a two-poled arrival sign just inside Gordon Highway. On Laney Walker Boulevard you’ll see another one just inside of, it’s actually inside of Gordon Highway as well. Then out at Riverwatch and I-20 you’re going to see two signs, one coming from each direction directing to the main districts, the downtown Augusta District and the Medical District. So either way you get off of Riverwatch from I-20 you’ll see that. About half way down Riverwatch you know sometimes you’re driving down through there and it’s about five miles and if it’s your first time you may not know if you’re on the right road or not. So about half way down you’re going to see another one reinforcing that you’re on the right path and you’ve got just a couple of miles to go. The mileage will be changed on that sign. You’re going to see at Washington Road and Riverwatch, excuse me Washington Road and I-20 you’re going to see another two directional signs out there. We’re going to go ahead and have these fabricated but they won’t be installed until the construction is a bit further along. But again as you get off of Washington Road and head towards town you’re going to see what’s called a Trail Blazer sign right as you get on to Calhoun Expressway. A lot of times people come through that business strip right there on Washington Road and they start getting on the Expressway and they think they’re lost or heading back out of town and they don’t know that they’re on their way to town so we’re going to re-enforce that with this sign. The C-1, while we’re trying to capture some of the traffic around the Masters Tournament. This will be a temporary sign that will go up th again directing people towards downtown on Phase I. On the demonstration block on 10 Street and this is Broad on this side, Ellis down this side. Up at the corner near Broad you’re going to see and informational kiosk. You’ll have a regional map as well as a downtown specific map with sites located on that. At the other end up here near at Ellis will be an example of our pedestrian directional sign. As well you’re going to have banners on the street poles right here in this section. You wonder why a lot of this is downtown and one of the reasons is we had a partner with the Downtown Development Authority throughout this project and they’ve been a very strong partner of ours and they’re helping to fund the first phase. But this is the plan. These are the contributors who have paid for the plan that’s being created. We’ve received a grant from the Department of Interior for $50,000. Then the DDA, course there’s the Convention and Visitors Bureau, the Canal Authority, airport chamber, Chronicle and many others contributed towards the cost of the plan. The plan is about a $90,000 plan and that’s for the comprehensive citywide Wayfinding Plan. Implementation of Phase I again paid for primarily through the Downtown Development Authority. That’s why there are downtown specific signs and the CVB is kicking in some money for the demonstration block. And Steven Kendrick is in the crowd. So the total project for Phase I is about $220,000 plus the staff time of certain city departments and the CVB and DDA. We’re very proud of that number. We’ve actually have down that through a lot of contributions and partners. The next step I’m proud to 3 tell you that fabrication is in process. Phase I will be installed. The signs that I just showed you will be installed in April. We’ll schedule an unveiling. You’ll receive an invitation to the unveiling very soon. We’ll probably come back to you in the near future to designate the CVB as kind of the managing organization of the signs. We worked with Georgia DOT. Everybody seems to be thrilled with this offer from the CVB. We were to become the first filter if you would for organizations that want to be included in the signs of if a site closes, you know what signs need to be changed, need to be taken down. The next step for us is to identify funding for Phase II and III, which are estimated at about $800,375 to $378 thousand respectively. And that will be a comprehensive citywide Wayfinding Plan. We originally scheduled a five-minute presentation but just to kind of share Phase I with you and I hope you’ll be willing to give me just a little more time because we had an opportunity that I think you’ll all be very excited about. Within the past week we learned that you all asked and I think it was item number one, Gateway to Beautification from you planning retreat. We’ve been working with the Administrator’s office within the past week. Working with Fred and working with Mr. Leverett, working with Public Works and Traffic Engineering. We have your Gateway Project and I want to show you a few pictures. These are the signs that will be developed, that have been developed for the city gateways. Again, just different sizes for different locations. These have been programmed to go around the perimeter of Augusta. So if you looked at a map and saw Bobby Jones and the river, all the way up to I-20, and I-20 to the river, every single exit will receive a Welcome to Augusta sign. If you look at secondary gateways again on I-20 and around Bobby Jones a single pole welcome sign would go at these locations. Then at the county lines nine roads coming in from Columbia County and two from Burke County and Jefferson County and one at Sand Bar Ferry and the river you’ll have another single pole Welcome to Augusta sign. And then since real th estate is pretty tight on the Gordon Highway Bridge and the 5 Street Bridge again we’ll have banners on those two locations. That covers every single gateway into the City of Augusta. We’ve also worked with Mike Green and they’ve identified some corridors, Doug Barnard Parkway from the airport to Gordon Highway, Sand Bar Ferry Road from Laney Walker to East th Boundary and Riverwatch Parkway from I-20 to 15 Street. The example of the picture I’ve used is in North Augusta just across the river on Highway 1 going up the hill towards the Hippodrome. They’ve already got some beautification along Doug Barnard and they’re working on finalizing the plan to get it extended to these corridors. So the good news is with the Administrator’s approval we’re going to go ahead and proceed with fabrication of these new gateway signs at your direction and facilitate the installation as soon as April. So that’s it. I’ll be glad to answer any questions. Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, at the retreat you asked me to put this package together. You gave me 30 days to do it. We’re within the 3 day time limit. In addition to that we have funding available through the Contingency of the Capital Improvements Project at the total cost of $143,000, which we can fund. It would be appropriate if you’d like to follow through with that to have a motion to authorize me to continue with this project at that price and authorize the CVB to buy the signs and have them installed. Mr. Mayor: Before I get that motion I did release our Commission retreat report today to the press, the completed report. And I just wanted to share with everybody the number one 4 consensus action item was to improve gateways into the city. So can I get a motion to approve, Fred? Mr. Russell: Add and approve sir. Mr. Mayor: Okay. Commissioner Beard. Ms. Beard: Mr. Mayor I’d like to add and approve what has been stated by our Administrator and I’d like to thank him for being on time and let everyone know that this is very important to us. We care about the way our city looks and we’re going to make a difference. Mr. Mayor: You never get a second chance to make a first impression. Okay, that’s in the form of a motion. Do I have a second? Mr. Mason: Second. Mr. Mayor: Okay we have a motion and second. Commissioners will now vote by the usual sign. Mr. Hatney out. Motion carries 9-0. Mr. Mayor: All righty, thank you so much, Barry. Fred, thank you for your hard work as well. Mr. Russell: Thank you, ladies and gentlemen. Ms. Beard: Thank you, Barry. Mr. Mayor: Madam Clerk, next delegation. The Clerk: DELEGATIONS C. Butch Palmer RE: The relocation of Mercy Ministries. Mr. Palmer: We have a petition to pass on to the Commission. We didn’t make copies of it. How should we proceed with the petition? Mr. Mayor: Give it to the Clerk. Mr. Palmer: And we have a lot of folks in the audience who, I’m sorry in the Chamber who came today who care very much about our community and Mercy Ministries and the placement actually of Mercy Ministries is the issue. We’re very favorable of their actions and their responsiveness to the homeless population. What we are opposed to is the location in our 5 residential setting. We have folks in the hall that came. Would you like them to walk in regarding the issue? Mr. Mayor: If we could just get a show of hands from everybody in the hall and everybody here that’s here opposing. Mr. Palmer: There’s a camera in the hall? Mr. Mayor: No there’s a, there’s, the system is out in the hall and so Fred can, there’s not a camera but Fred serves as a camera every now and again. The Clerk: The relocation of Mercy Ministries. If you’re for the relocation of Mercy Ministries we’d like to see a show of hands. Mr. Mayor: Okay, let’s just get clarity. The first show of hands was those in favor of relocating, correct? That’s what you called, Madam Clerk? And if there’s a show of hands of for those, second is to oppose the relocation. Mr. Palmer: May we ask where they, do they live in our community or are they, you know how they, what position --- Mr. Brigham: Mr. Mayor, we don’t do that --- Mr. Mayor: No, I don’t think, no. Mr. Russell: Twenty-eight outside. The Clerk: No, these are opposed. You had twenty-one in here. Mr. Russell: And seven outside. The Clerk: And twenty-eight. Twenty-eight, okay. Mr. Mayor: Okay, just to clarify one more time. The first group, first show of hands wants to see them relocated. The second show of hands would be, does not want to see them relocated. The Clerk: We need a show of hands of those who do not support the relocation. Okay, that’s what we want to see. Okay, we have six. Mr. Mayor: Okay, so we’ve shown those in favor of, those against. Is there any more presentation you want to make on this or --- Mr. Palmer: The only presentation we have is our neighborhood has become filled with folks that don’t live there and it’s made it stressful for those of us who do live there and we --- 6 Mr. Mayor: Okay, and is this germane to this issue? Mr. Palmer: Yes, it is. Mr. Mayor: Okay. Mr. Palmer: And we’ve developed and organization called HONG KONG. It’s Harrisburg Organization Networking for Gentrification to keep our neighborhood from becoming a ghetto. And we hope to be working with council members. Betty Beard she’s been very kind to us and given us audience and we hope to work with you on this issue. Mr. Mayor: Okay. Mr. Palmer: The reason we formed the organization is because the current organization is not meeting the needs. They are not responsive to the individuals in our community. And we want to represent the majority of the community and not special interest groups. Mr. Mayor: Okay, thank you, sir. Mr. Palmer: And this is Denise Trainor would like two-minutes. Mr. Mayor: Uh sir, it’s five minutes for the person who’s named on the agenda so, and the five minutes is up. So I apologize. Okay, thank you, ma’am. Mr. Grantham: Motion we receive as information. Mr. Jackson: 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 9-0. Mr. Mayor: All righty, on the consent agenda. Mr. Smith: I would like to have --- Mr. Mayor: I do have Commissioner Smith for a point of personal privilege regarding the efforts of our city over and above some, to help with the tragedy last Saturday. Please Commissioner Smith. Mr. Smith: Thank you. I was in Jefferson County with Senator Powell over the weekend and saw some of the real tragedy that these people had down there and last night especially. I was trying to get them a place to sleep. All their homes were destroyed. There was no water, lights, no food, clothes or anything. And I was able to talk to the fire chief and emergency management fella and he said he’d never experienced anything like it and he didn’t know what to 7 do. And he looked around and our fire chief was standing behind me and he said that he, the fire chief asked him how can I help you and he started reeling off things. He said before he knew it, it was under control and our fire chief and all the equipment and the men that he brought down there just was a God send and he couldn’t praise enough and he said at some point he wanted to come back up here and have a five-minute delegation of appreciation. I asked Deputy Chief Rogers if he would come in. I don’t know if you have a word to say about it or not, Deputy Chief. Deputy Rogers: Well, not really. I think an offer of assistance as we do we try to rendered assistance (inaudible) Mr. Mayor: I’d like to applaud y’alls efforts because I know that’s what we need to do in these emergency efforts. We help our neighbors. So thank y’all. (APPLAUSE) Mr. Russell. Mr. Russell: Yes, just for the record, Mr. Mayor, the Sheriff’s Department has about fourteen people down there. We’ve had several units to the fire department down there throughout the weekend. In addition we just sent a tanker to Matthews, Virginia. Their one and only fire truck is broke so we’re providing some assistance for them too. And Commissioner Smith’s right, it’s Chief Rogers. Between the Sheriff’s Department and the Fire Department they’ve done one heck of a job and they’re helping these people. But it’s what we need to do and the right thing to do is to go out and help our neighbors. And I’m very proud of the staff and the people who work here, as you each and every one should be. Mr. Mayor: Thanks, Fred. All righty, Madam Clerk, the consent agenda. The Clerk: Yes, sir. I consent agenda consists of items 1-34, items 1-34. If there are any objectors to our Planning Petitions once the petitions are read would you please signify your objection by raising your hand. Item 2 – Is for concurrence for to amend the Heavy Industry required for a Special Exception for chemical plants. Item 4 – Is a Special Exception to establish a Family Day Care Home on property located at 2428 Belgrade Court. Item 5 – Is for a Professional Special Exception used in a P-1 (Professional) Zone affecting property at 344 Greene Street. Item 6 – With conditions is for a change of zoning from a Zone A (Agriculture) and HI (Heavy Industry) with a Special Exception affecting property located at 1550 Doug Barnard Parkway. The Clerk: Are there any objectors to those Planning petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: I call your attention to the Public Services portion of our agenda. If there are any objectors to our alcohol petitions would you please signify your objection by raising your hand when the petition is read. 8 Item 7 – Is for an on premise consumption Liquor & Beer license to be used in connection with the Filling Station located at 1258 Gordon Highway. Item 8 – Is for a retail package Beer & Wine license to be used in connection with Holiday Market located at 3011 Boy Scout Road. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Consent agenda items 1-34. Mr. Mayor: Okay, Commissioners, do we have any additions to the consent agenda? Commissioner Brigham. Mr. Brigham: Mr. Mayor, I don’t see any reason why we couldn’t add Item #40, 41 and 42 to the consent agenda. Mr. Mayor: Okay. Are there any further additions to the consent agenda? Ms. Beard: Mr. Mayor. Mr. Mayor: Ms. Beard. Ms. Beard: Thirty-eight. This is a renewal and I’d like to add it to the consent agenda. Mr. Mayor: Any further additions to the consent agenda? Okay, hearing none any items to be pulled for discussion. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. I’d like to get some discussion on Item #4 and Item #10. Mr. Mayor: Commissioner Brigham. Mr. Brigham: I’d to pull Item #11 and Item #26. Mr. Mayor: Okay, any further items to be pulled for discussion? Commissioner Grantham. Mr. Grantham: Yes, Mr. Mayor. Item #32. Mr. Mayor: Okay, any further items to be pulled for discussion? Okay, hearing none I’d look for a motion to approve the consent agenda. And, Madam Clerk, prior to that if you could read back the items added to and the items pulled for. 9 The Clerk: The consent agenda with the additions of items 38, 40, 41 and 42. Pulled for discussion items 4, 10, 11, 26 and 32. The Mayor: Okay, can I get a motion to approve? Mr. Mason: So moved. Mr. Holland: Second. CONSENT AGENDA PLANNING 1. FINAL PLAT – WHEELER LAKE TOWNHOMES, PHASE VI-B-S-781 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Southern Partners Inc., on behalf of ATC Development Corp., requesting final plat approval for Wheeler Lake Townhomes, Phase VI-B. This residential townhome development is located on Wheeler Lake Road and contains 9 lots. 2. ZA-R-186 – A request for concurrence with the August-Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County to amend Section 24 (Heavy Industry) to require that Chemical Plants and similar uses to permitted only by Special Exception. 3. FINAL PLAT – AYLESBURY COMMONS, PHASE III – S-710-III – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by George Godman, on behalf of LPB Properties, requesting final plat approval for Aylesbury Commons, Phase III. This residential subdivision is located at Brockham Ct. & Bilston Dr. adjacent to Phase I & II. 5. Z-08-23 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition be Jerome Parham requesting a Special Exception for residential use in a P-1 (Professional) Zone per Section 20-2 (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .2 acres and known under the present numbering system as 344 Greene Street. (Tax Map 047-4 Parcel 090) DISTRICT 1 6. Z-08-24 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the following conditions 1) all storage of vehicles or vehicle parts be removed from the floodway of Rocky Creek; 2) the existing salvage yard be brought into total compliance with all aspects of the City’s salvage yard regulations; 3) a fence, nylon shade cloth screen, or a wall along the entire Doug Barnard Parkway frontage eight feet in height shall be erected and provisions of the Tree Ordinance regarding street yards shall be complied with over the entire Doug Barnard Parkway frontage. If there is a conflict between conditions 2 and 3 then the more restrictive shall apply and 4 should the sale of approximately 10 acres of Tax Map 099-0-70-00-0 not be complete within 12 months the zoning shall revert to Zone A (Agriculture); a petition by Jeff Landon, on behalf of Newell Recycling of Augusta LLC et. al., requesting a change of zoning from A (Agriculture) and HI (Heavy Industry) to HI with a Special Exception to expand and existing salvage yard per Section 24-2 (a)(16) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 22 acres and is 10 known as Southern Pick a Part located at 1550 Doug Barnard Parkway (Part of Tax Map 099 Parcel 070 and Tax Map 099 Parcels 071, 072 & 073) DISTRICT 1 PUBLIC SERVICES 7. Motion to approve a New Application: A.N. 08-16: a request by Jackie Wall for an on premise consumption Liquor & Beer license to be used in connection with the Filling Station located at 1258 Gordon Hwy. District 1. Super District 9. (Approved by Public Safety Committee March 10, 2008) 8. Motion to approve a New Application: A.N. 08-17: a request by Satish Patel for a retail package Beer & Wine license to be used in connection with Holiday Market located at 3011 Boy Scout Rd. District 7. Super District 10. (Approved by Public Services Committee March 10, 2008) 9. Motion to ratify letter of approval regarding renewing the Intergovernmental Agreement with Georgia Golf Hall of Fame for operation of the Botanical Gardens for an additional six (6) months. (Approved by Public Services Committee March 10, 2008) PUBLIC SAFETY 12. Motion to approve establishing a checking account to purchase bus tickets, release packages and provide gratuity checks to eligible inmates at release as required by statute with three signatures to include Mr. Robert Leverett, Mr. William Whitney and Ms. Joyce Bowdre. (Approved by Public Safety Committee March 10, 2008) 13. Motion to approve the purchase of a security gate in the amount of $39,525 from Overhead Door of Augusta. (Approved by Public Safety Committee March 10, 2008) FINANCE 14. Motion to authorize Mayor to execute cancellation of security deed in the amount of $5,000.00 given to Willie L. Rivers and Eunice Rivers on November 2, 1981 by Augusta, Georgia through the Planning Commission. (Approved by Finance Committee March 10, 2008) 15. Motion to approve funding agreements between Augusta Richmond County and Historic Augusta and the Senior Citizens Council for fiscal year 2008. (Approved by Finance Committee March 10, 2008) 16. Motion to approve the recommendation of the Administrator to fund both of these requests from Beulah Grove Resources Center and Miracle Making Ministries this year excluding the difference between $100,000 and $50,000 each for their care and that we ask each organization for a copy of their financial resources and contact with them as we do with other organizations who provide indigent care services. (Approved by Finance Committee March 10, 2008) 17. Motion to approve Indirect Cost Allocation Study – Three-year proposal – to be done by KPMG. (Approved by Finance Committee March 10, 2008) 18. Motion to authorize Tax Commissioner to refund to ANIC $4,523.37 for over payment of taxes on parcels 046-4-086-00 and 046-2-158-00 and to abate taxes on such property subsequent to July 1, 2006 when Augusta acquired the property for the Judicial Center. (Approved by Finance Committee March 10, 2008) 19. Motion to approve Excess Worker’s Compensation Insurance with Safety National Casualty Insurance Company with Statutory limits and a $600,000 SIR (self insured 11 retention; otherwise, known as the deductible) for a deposit premium of $148,930. (Approved by Finance Committee March 10, 2008) 20. Motion to approve a request from Stevens Appliance Truck Company regarding the abatement of a penalty charged due to a late payment in the amount of $799.99. (Approved by Finance Committee March 10, 2008) 21. Motion to approve the recommendation of the Tax Assessors regarding a request from Mr. Vernon J. Neely regarding an adjustment of taxes concerning the property located at 4040 Belair Road in the amount of $3,908.45. (Approved by Finance Committee March 10, 2008) ENGINEERING SERVICES 22. Motion to approve funds in the amount of $51,896.62 for the cost associated with the asphalt repairs in conjunction with the recent water line replacement projects on Malvern Lane and Happy Circle. (Approved by Engineering Services Committee March 10, 2008) 23. Motion to approve phase II cart implementation for the Solid Waste Department. (Approved by Engineering Services Committee March 10, 2008) 24. Motion to authorize condemnation of a portion of property No. 051-0-113-00-0 located at 3974 Bolton Street for 1,059 square feet of permanent easement and 553 square feet of temporary easement appraised at $585.00 necessary for the 50130 Butler Creek Collector, Belair Hills, AUD Project. (Approved by Engineering Services Committee March 10, 2008) 25. Motion to authorize award of bids for Pre-purchase of Tank Cover System Equipment (Bid Item 07-178B) for the James B. Messerly WPCP Master Plan Implementation Phase 1 Project to the lowest responsive bidder. (Approved by Engineering Services Committee March 10, 2008) 27. Motion to authorize condemnation of a portion of a property owned by Marcia L. Gamma: 1,602 square feet of permanent easement and 1,999 square feet of temporary easement, PIN: 132-3-013-00-0 property address: 3722 Concord Avenue in connection with the 60107 Butler Creek Ease Upgrade Project, Utilities Department. (Approved by Engineering Services Committee March 10, 2008) 28. Motion to authorize condemnation of a portion of the following properties owned by Robert D. Parham (deceased) and Jessye Madelyn Parham (deceased): 1,000 square feet of permanent construction easement and 500 square feet of temporary easement, PIN: 052-0- 141-00-0, property address: 3923 Carolyn Avenue; 1001 square feet of permanent construction easement, PIN 052-0-140-00-0, no temporary easement; Property address: 3921 Carolyn Avenue: 1,000 square feet of permanent construction easement and 500 square feet of temporary easement, PIN: 052-0-142-00-0, property address: 3925 Carolyn Avenue; in connection with the 50130 Butler Creek Collector – Belair Hills Estates Project, Utilities Department. (Approved by Engineering Services Committee March 10, 2008) 29. Motion to approve an Option for Right-of-Way between Elizabeth Carol Maile-Hill as owner, and Augusta, Georgia, as optionee, for 0.011 acre (461.84 sq. ft.) in fee and 0.005 acre (209.97 sq. ft.) of permanent construction & maintenance easement for the following property located at 2809 Brickrun Way for a purchase price of $33,200.00, in connection with the Alexander Drive Project; GDOT Project No. – STP0001-00(794), ARC Project No.: 323-04-296823215; Project Parcel 54 (Tax Map 013-1, Parcel 249). (Approved by Engineering Services Committee March 10, 2008) 12 PETITIONS AND COMMUNICATIONS 30. Motion to approve the minutes of the regular meeting of the Commission held on March 4, 2008. APPOINTMENTS 31. Motion to approve the appointment of S. Renee D’Antignac to the Board of Tax Assessors representing Senatorial District 22 (Districts 1, 2, 4, 5 & 9). (Requested by Mayor Pro Tem Betty Beard) 33. Motion to approve the appointment of Jacinda Z. Norvell to the Augusta Aviation Commission to fill the unexpired term of Katie Jones representing District 3. 34. Motion to approve the re-appointment of Charles Smith to the Board of Tax Assessors representing Senatorial District 23 (Districts 3, 6, 7, 8 & 10) (Requested by Commissioner Don Grantham. PETITIONS AND COMMUNICATIONS 38. Motion to approve Resolution authorizing CSRA RDC to continue to operate and administer the Coordinated Transportation System for the year 2008-2009. (Requested by Mayor Pro Tem Betty Beard) ATTORNEY 40. Motion to approve an Option for Right-of-Way between Gary G. Hom, as owner, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, GDOT Project No. STP-0001-00(794), ARC Project No. 323-04-29682315, Project Parcel 26 (Tax Map 013-1, Parcel 006), for acquisition of 0.239 acre (10,432.45 square feet) in fee and 0.074 acre (3,239.76 sq. ft.) of permanent construction & maintenance easement (1050 Alexander Drive) for a purchase price of $75,000.00. 41. Motion to approve an Option for Right-of-Way to Augusta, Georgia, for the Alexander Drive Project, GDOT Project No. STP-0001-00(794), ARC Project No. 323-04-296823215, Project Parcel 29 (Tax Map 013-1, Parcel 106), between Curtis E. Peters as owner, and Augusta, Georgia, as optionee, for 0.203 acre (8,831.40 square ft.) in fee for the property located at 2501 Carriage Creek for a purchase price of $188,000.00. 42. Motion to authorize final settlement of the T. Davis Family Properties, LLC claim in relation to private property damages as a result of the construction of the Warren road improvement project and to authorize the Engineering Department to proceed with the necessary construction work to correct the deficiencies found in subject property. Mr. Mayor: We have a motion and second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Hatney out. Motion carries 9-0. [Items 1-3, 5-9, 12-25, 27-31, 33-34, 38, 40-42] Mr. Mayor: All righty, Madam Clerk, let’s go to the pulled items first. The Clerk: 13 PLANNING 4. Z-08-21 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Veronica Stephens requesting a Special Exception to establish a Family Day Care Home per Section 26-1(f) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .26 acres and known under the present numbering system as 2428 Belgrade Court. (Tax Map 082 Parcel 357) DISTRICT 4. Mr. Mayor: Commissioner Mason, I believe this is yours. Mr. Mason: Thank you. Mr. Patty. Mr. Patty: We approve these family day care homes that allow someone to keep up to six children in a home. This particular case this is in the Barton Village area. It’s a house and lot that are set up to accommodate it and there were no objectors. That’s why it was approved. Mr. Mason: And I think you answered my question. You said the house and the lot is already set up to accommodate an additional six in your opinion? Mr. Patty: Well, it would be six total. Mr. Mason: Six total. Mr. Patty: Yeah. And my recollection of it is it has a fenced back yard and you know it’s a more or less a typical house in that area. These are generally baby sitting services is what they are. Mr. Mayor: Can we get a motion to approve? Mr. Mason: So moved. Mr. Holland: 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 9-0. Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: Can we do the rest of Planning and Zoning before we go into the rest of the items? Mr. Mayor: Okay. Commissioner Brigham, what was ---? 14 The Clerk: Thirty-five, 36 and 37 on the regular agenda. Are those the items you wanted, Mr. Brigham? Mr. Brigham: Yes, ma’am. The Clerk: PLANNING 35. Z-08-22 – A request for concurrence with the Augusta-Richmond County Planning Commission to deny a petition by Kimberly Briddell requesting a Special Exception to establish a Family Personal Care Home per Section 26-1(h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .94 acres and is known under the present numbering system as 1520 Pine Ridge Drive East. (Tax Map 232 Parcel 182) DISTRICT 8 Mr. Mayor: Mr. Patty. Mr. Patty: This is a request to have a personal care home which would keep up to six elderly and handicapped folks in the home and in this particular case we did have objectors at a substantial number of objectors from the neighborhood. They were concerned about parking issues and um, they um, just general presence of a business in their neighborhood. Mr. Mayor: Any questions? Commissioner Smith. Mr. Smith: Are there any objectors --- Mr. Mayor: Present? Mr. Smith: --- present? Ms. Briddell: I’m Kimberly Briddell. I reside at --- Mr. Mayor: Hang on one second, please, ma’am, we’re counting objectors that we may have. Did Fred go in the hall to count? So we have five. Okay, yes ma’am. We can hear from you now. Ms. Briddell: I’m Kimberly Briddell. I went around and talked to the neighbors and notified them that the elderly will not be a threat or harm to the community or the neighborhood. And I also wouldn’t put my kids in harm. And I also brought my neighbor, my immediate neighbor and others around the neighborhood in support of it. Mr. Mayor: Okay, if we could get a show of hands of those in support. Three? Okay Commissioners what’s your pleasure? Commissioner Bowles. Mr. Bowles: I just want to hear from Mr. Patty on the legality of our stance. 15 Mr. Mayor: Mr. Patty. Mr. Patty: Well, first of all these type uses are protected by certain federal and state laws of the Fair Housing Act Amendment of 1988 protects these if they cater specifically to handicapped clients. In this case that has not been presented as the situation. Course there’s all sorts of fair housing issues involved and we generally we approve most of these. I think you could say if you look at the sum total of what we’ve done here since 1986 when this became an issue that was subject to zoning consideration. We’ve approved most of them but we have turned some of them down and we’ve tried to develop objective and subjective criteria and there’s really no way to do it for these type uses. I mean you don’t want to say they’ve got to have a certain number of parking spaces because if you do then that encourages them to park, to pave the front yard and then it’s worse when they don’t. Generally you know if they’re going to have six elderly handicapped people it’s not a huge problem for the neighborhood but probably some of them are. As a matter of fact I can show you some that have become problems and I just don’t think I should comment anymore than that frankly. There are issues here. Mr. Mayor: Okay. Commissioners can we get a motion on this? Mr. Smith: I move to deny. Mr. Mayor: Can we get a second? Mr. Jackson: I second it. Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Commissioner Johnson. Mr. Johnson: Yes, thank you, Mr. Mayor. I guess I’m just not totally clear on what it is we’re supposed to do here. The recommendation from Mr. Patty was to deny it or --- Mr. Mayor: To deny and the motion was to deny as well in accordance with the Planning Commission. Mr. Mason: On what grounds are we denying it on? Is it pertaining it to the parking only or the location or just because of the neighbors? Those in the neighborhood are not totally in agreeance with it or what? Mr. Patty: All I can tell you is there’s no good way to deal with these. And probably you know, I probably ought to shut up but the best way, the safest way to do these is to approve them by right. Let everybody have one. That dog wouldn’t hunt for previous commissions and I not sure it would this one. The alternative to that is to require Special Exception to hear the specific situation of each of them and make a subjective decision. And that’s what you’re being asked to do here today. The house is big enough, it’s a big yard, the neighbors don’t want it, some of these are problems. You’ve just got to lay all that and make a decision. And if you want to go 16 the other route and allow each of them to be approved to have up to six people and they’re lived in and that’s the, that’s the safe legal way to do it. I don’t know what else to say. Mr. Mason: One other thing, Mr. Mayor. As far as legal aspect could we consult legal on the logistics as far as dealing with this legally or will it be something that would --- Mr. Mayor: Ms. Johnson. Ms. Johnson: We really should discuss it in Legal session. I haven’t seen the application or any of the information Mr. Patty based his recommendation on. So I can’t rule on that from here without having seen the same. Mr. Mayor: Okay, we did have the primary motion and the vote was called for on that. So --- Ms. Johnson: And the --- Mr. Mayor: Go ahead. Ms. Johnson: --- recommendation was to deny and Mr. Patty answered those questions why we gave that recommendation. Mr. Mayor: Okay, so I think we need fulfill the voting on the primary motion that was made which was to deny. Ms. Beard and Mr. Johnson vote No. Mr. Holland abstains. Motion carries 6-2-1. Mr. Mayor: Okay, Madam Clerk, next agenda item. The Clerk: PLANNING 36. Z-08-25 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Brian Slater, on behalf of MCG Health Inc., requesting a Special Exception for public parking per Section 8-2(b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 1.16 acres and is known under the present numbering system as 1005, 1007, 1013, 1015 & 1021 Moore Avenue and 1602, 1604 & 1060 Parnell Street. (Tax Map 045-2, Parcels 242, 241, 240, 239, 238, 237, 236 & 235) DISTRICT 1 37. Z-08-26 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Brian Slater, on behalf of MCG Health Inc., requesting a change of zoning from Zone R-2 (Two-family Residential) to Zone P-1 (Professional) affecting property containing approximately .27 acres and known under the 17 present numbering system as 932 and 934 Moore Avenue. (Tax Map 045-2 Parcels 146, 147 and west side of 154-02) DISTRICT 1 Mr. Mayor: Mr. Patty, you’re just being put through the paces today. Mr. Patty: This one’s going to be easier than that one was. Thirty-six and 37 are both requests involving MCG and 36 is to convert an existing lot. It’s got a house on it I believe to a parking lot and 37 is to convert, to rezone the property that I believe has a house on it for the professional office. These are in an area that being converted into parking which, as you know Medical College of Georgia has a desperate need for. We did have an objector, owned a house in the area that objected to the neighborhood being converted to parking and I think the Planning Commission felt that the greater good dictated that you approve this in spite of that objection. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Motion to approve. Mr. Grantham: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? The Clerk: Is that vote for 36 and 37? Mr. Mayor: Is that to approve 36 and 37? Mr. Bowles: Yes, sir. Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: Can we see if we’ve got any objectors or any proponents or something? Mr. Mayor: Yes, if we have any objectors to 36 or 37 if you could please raise your hand. Okay, no objectors. Mr. Russell: None noted, Mr. Mayor. Mr. Mayor: Commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Mayor: Okay, Madam Clerk, back to the pulled items. I believe we were on item #10. The Clerk: 18 PUBLIC SERVICES 10. Motion to approve placing Club Platinum located at 1505 North Leg Road on a 90-day probation period, asking the owners to add additional police protection with four (4) deputies in the parking lot; closing the club at 11:30 P.M. during the probationary period and having the parking lot cleared by 12:00 midnight. District 3. Super District 10. (Approved by Public Services Committee March 10, 2008) Mr. Mayor: Okay, Mr. Mason, was this your pull? Mr. Mason: Yes. Mr. Mayor: Okay. Mr. Mason: Thank you, Mr. Mayor. I need to ask a couple questions, Mr. Mayor, of the License and Inspection followed by the Richmond County Sheriff’s Department and then followed by the owners of the club. Mr. Mayor: Okay, if you could direct the questions through the chair. Mr. Sherman, I believe you’re first. Mr. Mason: Thank you, Mr. Mayor. Mr. Sherman, on the analysis here on the background information it says there have been code violations here but it doesn’t state in here specifically what type of code violations there have been at this particular establishment. Can you address that issue, please, sir? Mr. Sherman: Actually I’m going to have to refer this to the Sheriff’s Department because there were violations to the Sheriff’s codes. Disorderly conduct, fights, shootings and a homicide. And Tony is here from the Sheriff’s Department. Mr. Mayor: Go ahead. Mr. Mason: Good afternoon. I just have a couple of questions for you. Can you tell me exactly how many incidents have been investigated at Club Platinum over the previous year? Mr. Tony Hyatt: Yes, sir, last year we did have a murder, a robbery by force, three aggravated assaults. Actually two was last year one was February of this year. Two incidents of reckless conducts, three reports of battery, five reports of simple battery, a case was made out of possession of marijuana with intent to distribute which would be a felony. The subject was caught with a weapon, carrying a concealed weapon. An obstruction of a law enforcement officer, which is a felony. We’ve had seven reports done where we were able to validate shots fired out there in the parking lot. We’ve had four incidents where we went out there to fights in the parking lot where everybody scatters once the police get there and they recovered guns. There was four incidents of that. 19 Mr. Mason: Okay my next question would be, Mr. Mayor, is there any evidence to substantiate that an earlier closing time would reduce or eliminate these incidents that you’re talking about here? Be it fired weapons, recovered weapons, drugs or anything like that. Is there any evidence to substantiate that an earlier closing time would rectify that problem? Mr. Hyatt: Based off the reports you’re looking at times, the majority of the times are between midnight to three o’clock in the morning as when all of this is happening. Mr. Mason: Every single incident that you mention there is happening between that? Mr. Hyatt: Probably a hand full that were before midnight. Mr. Mason: Okay my next question, Mr. Mayor, would be has there been any evidence to substantiate that the owners of this particular club are personally responsible. I’m not talking about accountable or liable but I’m talking about having a direct responsibility of these incidents that you’ve mentioned. Mr. Hyatt: I would say that running the club it would be their responsibility to provide accurate, I mean provide enough security and adult supervision for these kids. When you’re talking about well over 500 kids at a --- Mr. Mason: So is it in your opinion then that they do not have enough security and adult supervision. Mr. Hyatt: Right. Mr. Mason: That’s your opinion. Mr. Mayor, can I speak with the club owners? Mr. Mayor: Okay if we could have the club owners come forward please. If you could state your name and address for the record please sir. Mr. Speaker: Mark Johnson 309 (inaudible) Circle. Joaquin McMorris 267 (inaudible). Mr. Mayor: Okay. Mr. Mason: Good afternoon gentlemen. I just have a couple of questions for you. Currently what are your opening and closing times? Mr. McMorris: We open at 10 o’clock p.m. and close at one-thirty. Mr. Mason: All through the week or --- Mr. McMorris: No, just on Saturday nights. Mr. Mason: Just on Saturday nights. How many police deputies do you currently have? 20 Mr. Brigham: Mr. Mayor, I’m sorry I couldn’t hear his answer a while ago about the closing time. Can you speak into the microphone? Mr. Mayor: Not the mike, the one in front of you. Mr. McMorris: We open at 10:00 p.m. and we close at 2:00 a.m. One-thirty, 2:00 a.m. depending on the night. Mr. Mason: And how many deputies do you currently have? Mr. McMorris: (inaudible) Mr. Mason: How many? Mr. McMorris: Between one and four. Mr. Mason: Between one and four. What differentiates between whether you have one or whether you have four. Mr. McMorris: Depending how many we can get to work that night. Mr. Mason: What is the cost for each deputy that you have to pay? Mr. McMorris: We currently pay $150.00 per deputy. Mr. Mason: Do you have alcohol sales at all at this location? Mr. McMorris: No, sir. Mr. Mayor: Okay, can we get a motion on this? Mr. Holland: Mr. Mayor? Mr. Mayor: Commissioner Holland. Mr. Holland: In reference to these incidents that occurred. All the incidents occurred in the parking lot? Mr. McMorris: Yes, sir. Mr. Holland: No incidents occurred inside of the club? Mr. McMorris: No, sir. Mr. Holland: And these are with teenagers? 21 Mr. McMorris: Yes, sir. Mr. Holland: Mr. Mayor, I believe we had requested what we have on the agenda that the club owners would close their club at a certain time at night at least around 11:30 to make sure that the parking lot is cleared by 12:00 o’clock with the addition of four deputies. Have you all started doing that or did you all do that since you reported to us the last time you came before us the last time. Mr. McMorris: Yes. Mr. Holland: Were you able to get the additional deputies at that time? Mr. McMorris: No, we only had one deputy. Mr. Holland: Okay, did you have any incidents at that particular time? Mr. McMorris: No. Mr. Holland: Mr. Mayor I, my concern in reference to, in reference to them staying open at this particular time I’d like to continue with the motion for them to remain open until 11:30 and have their parking lot cleared at least by 12:00 o’clock until we find out whether or not there are some incidences out there because they are in the process of trying to get some So I’d like to make a move that we approve this motion as it stands. additional deputies. Mr. Mayor: Okay. Do we have a second? Mr. Brigham: Second. Mr. Mayor: We have a motion and a second. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I did speak with the owners and they are in the process of revamping the limit, the age limit that they’re going to support at the club there. And from my understanding they’re maybe going to be looking into the college, college students so I guess that’s 18-20. On this motion that we have here how long are we planning to carry this motion until they get that phase of the club revamped because I do know they it may conflict with their schedule and how they’re going to cater to the particular audience that they’re going to. Mr. Mayor: Mr. Sherman, could you speak to that? Mr. Sherman: The recommendation out of the committee was that they’re placed on probation for 90-days. Mr. Johnson: Okay. Mr. Mayor: Okay, Commissioner Bowles, then Commissioner Mason. 22 Mr. Bowles: Mr. Sherman and I know this is a question but I just want to clarify for the owner’s rights. It is the property owners and the business owner’s responsibility to keep the parking lot clear. Is that not correct? Mr. Sherman: Well, it is the responsibility of the property or the club owner to maintain control inside the club and then it’s patrons outside of the club in the parking lot. Yes, I would think so. Mr. Bowles: Okay I think that’s probably the issue as it is in some of the other clubs that afterward they go into the parking lot. And somehow we’re going to have to get those people filtered out of the parking lot in a faster manner. Mr. Mayor: Commissioner Beard and then Commissioner Mason I’ll come back to you. Ms. Beard: Mr. Mayor, they came in you know to talk with me you know hoping that maybe they could come up with something that would work. And they mentioned that they have a college night once a month on Friday’s and then the teenagers on Saturday. And they were wondering if they could move the college night to Saturday night and discontinue catering to teenagers. Is that correct? Club Owners: That’s correct. Ms. Beard: And they indicated they’ve never had an incident with the college night students. So I’m wondering if there’s a chance we could go back and look at all of this and come back with more recommendations. Mr. Mayor: Okay, well, we do have on the floor though a motion to approve the agenda item as submitted. Ms. Beard: Then we’d have to deny that wouldn’t we in order to move to do that. Okay. Mr. Mayor: Commissioner Mason. Mr. Mason: Yes, sir, thank you, Mr. Mayor. I’m in no way shape or form condoning any of the activities that have gone on at this location. I want to make sure I’m very, very clear about that. But at the same time as I look at the big picture of this particular incident there’s a number of issues I think that we need to look at. We’ve had a number it seems like this year, as the year at the club we’ve had several clubs before us it seems like that this is something that’s this road we’re going to be going down quite frequently. So I think we need to start looking at this very seriously in terms of the type of punishment that we’re talking about in this particular case. Now it’s disturbing to me because there has been no evidence presented that puts the club owner’s directly at fault. It’s also equally disturbing because there’s no evidence to substantiate that a earlier closing time would reduce or eliminate incidences at Club Platinum. It’s also disturbing to me because I’m beginning to see somewhat of a pattern in terms of the punishment that some clubs receive versus the punishment that others receive. And what I mean about that specifically 23 so that the news media doesn’t get it twisted. As far as the club owners having direct responsibility with the punishments that we’ve done here in the past we have not been able to directly link a club owner with anything that has gone on but we’ve issued punishment. On the reverse side of that we’ve had a club owner who came in here and beat down a patron or patron of his restaurant of his club and he received nothing that would hurt him economically whatsoever. I got a problem with that. We’re asking this club to close. First of all they don’t open ‘til ten and we’re saying to close in an hour and a half. The bulk of the money generally at clubs is made between 11:30 and 1:00 o’clock. In addition to that we’re asking for them not only to lose additional dollars but we’re asking them to spend more money on deputies who don’t want to come in the first place. So I have some real issues here with this particular motion that’s on the table because from an economic standpoint it hasn’t been a fair motion when we look at the treatment that some other clubs have received and we know that they’ve had a direct responsibility in the beat down of a patron of their club. So I’m going to put a substitute motion on the table that we do a 90-day probation like we did with the other club with the stipulation that they cater to 18 and up at this particular club, keeping the time frame as it is within this 90- day probation just as we did with the previous club that came before us and they received no economic harm to their establishment whatsoever. That is my substitute motion. Mr. Mayor: Okay. Mr. Bowles: I’ll second that. Mr. Mayor: We have a substitute motion and a second. Commissioner Brigham. Mr. Brigham: Mr. Mayor, that’s why we’re straightening out the record in keeping the record straight let’s keep the record straight. First off the other club was Club 209. It had one incident. Not a dozen, not fifteen, not a hundred. Mr. Mason: It’s 1102. Mr. Brigham: Club 1102, I’m sorry. I misspoke. The one on Broad Street at the corner th of 11 Street it had one incident. We placed that club with one incident on 90-day probation. That incident did not even happen at that restaurant, or at that club. It happened at another location on Broad Street. It did not even take place at that place. Now if we’re going to be fair let’s be fair. Let’s put everybody on probation with one incident. That ain’t the case that we’re doing. We are not being fair we’re being over vindictive on some people and under vindictive on others in my opinion. But that’s my opinion. Mr. Mayor: Okay. Mr. Brigham: And I think that we need to go forward with this. I think the motion was misstated because I think we said a minimum of four deputies. I don’t think we said four additional deputies. I think that the motion should be corrected to say a minimum of four not four additional. But I believe that was what was discussed and it’s amazing how the discussion changed between committee and now. 24 Mr. Mayor: Okay, we have a substitute motion and a second. If there’s no further and, Madam Clerk, for clarity could you read back the substitute motion? And everybody take a deep breath. Remember it’s Holy Week this week. The Clerk: The substitute motion is to approve placing Club Platinum located at 1505 North Leg Road on a 90-day probation with a stipulation that they cater to patrons 18 and older. Mr. Mayor: If there’s no further discussion Commissioners will now vote --- Mr. Bowles: I want to clarify --- Mr. Mayor: Commissioner Bowles. Mr. Bowles: --- what to cater means. Is that no one under 18 allowed? Okay. I just wanted to verify that. Mr. Holland: What time will they close? Mr. Mayor: Commissioner Holland. Mr. Holland: What time will they close? Mr. Mayor: Normal hours. Mr. Holland: What are normal hours? The Clerk: Ten to two. Mr. Mayor: Ten to two. Okay, Commissioner Brigham. Mr. Brigham: I’d like to hear the Attorney to give us what authority can we tell a club that doesn’t have an alcohol license who they can and cannot admit. Mr. Mayor: Ms. Johnson. Ms. Johnson: Well, we can’t tell them who they can and can not admit but they are governed by our Code of Ordinances and our Licensing requirements. Mr. Brigham: We don’t have any licensing requirements for non-alcoholic clubs. Ms. Johnson: If they currently don’t have an alcohol license there’s a reason for that. Either the patronage, the age that they serve aren’t drinking age or we would have denied them an alcohol permit. Mr. Mayor: Okay, commissioners will now vote by the substitute sign of voting. 25 Mr. Speaker: Just to clarify. The club will only allow patrons that are 18 years of age and older. Mr. Mayor: Okay. Mr. Holland, Mr. Jackson, Mr. Brigham and Mr. Grantham vote No. Motion fails 5-4. Mr. Mayor: Okay, we have a primary motion on the floor as well to approve the agenda item as submitted. If there’s no further discussion commissioners will now vote by the usual sign. Ms. Beard, Mr. Johnson and Mr. Mason vote No. Motion carries 6-3. Mr. Mayor: Thank y’all. Madam Clerk, next agenda item. The Clerk: PUBLIC SERVICES 11. Motion to approve an Ordinance to amend the Augusta Richmond County Code and to provide for a dog park and dog park rules. (Approved by the Commission March 4, 2008 – second reading) Mr. Mayor: Mr. Brigham, I believe this was your pull. Mr. Brigham: Yes, sir, Mr. Mayor, it was. I’ve reviewed the Ordinance that was presented to us. I think there’s one thing that was left out that I’ve seen in most of the dog park rules and regulations that I searched on the Internet and I think that this needs to be part of these all dog parks shall be equipped with a double gated entrance so that the dogs rules is that can not sneak out of the dog park while the handler is in or out ofthe park. I think this is a necessity for our protection to include this in the rules and I would make a motion that we adopt the rules as amended to include this. Mr. Mayor: Can we get a second? Mr. Jackson: I second it. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Mr. Mason votes No. Motion carries 8-1. Mr. Mayor: Dog lovers throughout the community thank you. I’m going to say it one more time before moving along. Release the hounds. Next agenda item, Madam Clerk. 26 The Clerk: ENGINEERING SERVICES 26. Motion to approve performing the work to make the following roads passable: Corinth Road, Blackberry Road and Scavone Road and ask the property owners for a right of entry onto their properties to do this work and to sign a release agreement from any other liability. (Approved by Engineering Services Committee March 10, 2008) Mr. Mayor: Who’s pull was, Mr. Johnson. Mr. Johnson: I didn’t pull that. The Clerk: Jerry Brigham did. Mr. Johnson: I do have a question, Jerry. Go ahead. Mr. Brigham: I got several questions since I pulled it. One I believe --- Mr. Mayor: Commissioner Brigham. Mr. Brigham: Thank you, Mr. Mayor. I believe none of these roads are on the public road list. I think that by our policy that they either need to be accepted in the public road list by our policy if that’s the case they need to be paved unless we’re going to make an exception to our policy. Also I think it’s against, in my personal opinion from what I understand it’s against state law for us to perform any kind of maintenance work on private property. And I don’t think we are currently doing any kind of maintenance work on any roads that are not on the public road list. And I would like to hear from the Attorney if I’m correct about my assumption about doing maintenance work or private property or not and I would like to hear from the Director or somebody at Public Works as to whether or not these roads are on the public road list. Mr. Mayor: Ms. Johnson, can we hear from you first? Ms. Johnson: Surely. Maintenance yes would be prohibited but in that these roads are being made passable for cars and other emergency vehicles I don’t think for that limited purpose it’s considered maintenance of those roads. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Well, thank you, Mr. Mayor. I think the biggest thing is I wanted to make sure that we’re clear on what it is we’re doing here. We’re making the roads passable on this particular occasion. Now futuristic I think there needs to be some stipulations put in place that will either have those people maybe deed their property over or get it up to par so it can be I guess paved and turned over to the county. But I don’t think it’s something that needs to be reoccurring. I heard in the past they have been doing it in the past and we don’t want to take the focus off the public roads okay, which taxpayers pay their money to maintain those roads and 27 focus on private roads okay? I am in agreement that the roads need to be made passable for emergency vehicles but if we can get that stipulation also in there that would prohibit anything in the future unless they make some kind of future arrangements to do so. I would love to see that happen and until we get that situated in that area. Mr. Mayor: Okay. Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. These three roads are right off of Hwy. 56 and they’re very close together. They’re all three quarters of a mile long and it would take very little effort and dollars just to scrape them and make them passable. This area is known as Ken Smith Estates. It’s Corinth, Scavone and Blackberry Roads and we’re asking that they’re made passable so that emergency vehicles will go up and down, the postman, school bus and one of my first grade friends had a heart attack back there and they had to stop half way up and go get him in the back to bring him out. And I don’t think this is acceptable because we have a lot of other dirt roads that we’re just maintaining, that’s all. And I asked my colleagues to help us with these folks because they need help. Thank you, Mr. Mayor. Mr. Mayor: Commissioner Grantham, did you? Mr. Grantham: Thank you, Mr. Mayor, that was part of my motion in making this at our Engineering Services Committee was to make sure these were passable for emergency vehicles. In addition to that since they are private roads there may be a way that in the future maybe the Attorney can give us this information that it would allow us to put some form of service fee on this type of performance that we would be doing in the future on a very minimum type basis which would alleviate any legal problems, Ms. Counsel that that might have in the future and if we do charge a minimum amount. And I think Mr. Russell really can up with this idea the other day by doing so it would not only give us the opportunity to make them passable for emergency vehicles but give these people the opportunity to participate in maintenance that So I’m going to make a motion that we approve this and that we we would do on that road. ask our Administrator to look into that and come back with a recommendation for us to add to this at a later time. Mr. Smith: Second. Mr. Mayor: We have a motion and a second. Mr. Holland: Mr. Mayor. Mr. Mayor: Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. I somewhat agree with what Mr. Grantham is saying but one of my concerns is in reference to the fact that if we do this service fee, we offer a service fee for those three roads do we have any other roads --- Mr. Grantham: Yes. 28 Mr. Holland: --- that’s doing the same thing. So we want to make sure we you know be clear in what’s good for the goose is good for the gander. Make sure that everybody’s treated the same way. If we’re going to charge a service fee for these roads let’s make sure that other roads are placed on the agenda so they can be charged a service fee also. And then again can we get one of the engineers to come forward and discuss with us and share some information in reference to these roads. Mr. Mayor: Okay. Mike. Mr. Greene: Mr. Mayor, commissioners there’ve been several questions asked. One is do we have any other roads that’s not on the county road list that we maintain. We do. We have several that’s not on the list that we maintain. However each road that we maintained has previously been before the commissioners and approved on an individual basis for us to maintain just as this request is on these particular roads. The roads that we have we do not do any improvements. They’re on there for maintenance only. The ones that were added to the list back through the years as far as since I’ve been with the city. As far as these roads are concerned there not passable to the average vehicle. If you go out there and ride them they are not passable. I think the request came to us was what can we do just to make them passable. We can go in there with very minimal work as far as blading, maybe a little bit of dirt to build a crown. Let the water go where it’s going now. We’re not establishing any ditches or any additional drainage. Just get the roads passable. That’s all we’re looking at in my department. Mr. Mayor: Okay and Commissioner Grantham I did want to make sure in your motion regarding potential development of a service fee to be brought back before this commission that it would not be site specific that that would be used, available for use throughout the county. Mr. Grantham: That is correct. Mr. Mayor: Okay. Mr. Greene: I’m not aware of any fee. We’re not charging any fee for anything that you maintain now. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Yeah, I got a couple of questions I’d like to ask. One I would like for the Attorney to first to get the Attorney General’s ruling from the state whether or not we can even do this even if we charge a fee. Also the other thing that I would like to ask is if we’re going to do maintenance on dirt roads are we also going to do maintenance on paved private roads because I have a number of roads that are failing that are paved that I’m sure is going to be a lot more costly to maintain than the dirt roads. And I’d like Commissioner Holland said what’s good for the goose is good for the gander. I hope we will also consider the fact that we have constituents of this county that lives on paved private roads that also are failing before we pass this procedure. And I’d like to know how were going to, I would hope that we would a policy as to how we’re going to charge and what we’re going charge develop some point in the future if we’re going to go down this route, if we can go down this route. 29 Mr. Mayor: Okay. We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Commissioner Smith. Mr. Smith: Can we do this? We need a legal opinion. Ms. Johnson: We can do it and the release has been prepared to use for all of the roads that need to be made passable for that limited purpose for emergency vehicles with the eye to a fee being charged to all users of the road not being charged the first year that we perform the maintenance for them under the new agreement. This is a right-of-way agreement that we would need to even access the private property. So it’s being prepared to be used by the department in bank to whatever round would be needed to be made passable. Mr. Smith: Call for the question. Mr. Mayor: Commissioners will now vote by the usual sign. Mr. Brigham votes No. Motion carries 8-1. The Clerk: APPOINTMENTS 32. Motion to approve the appointment of Mr. John Butler to the Housing & Economics Development Citizens Advisory Board and Mr. Anthony Franklin to the Small Business Citizens Advisory Board representing District 2. Mr. Grantham: Thank you, Mr. Mayor. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Yes, and this is no way opposing our commission to put this particular item on the agenda but I have a problem one of the appointees that’s involved in this motion. And I would request that we separate them and I’d like to vote on them on an individual basis and I make a motion we do that. Mr. Smith: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Mr. Johnson: Yeah, Mr. Mayor. Mr. Mayor: Okay, Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I would like to state here I really don’t think we need to take up a lot of time on these appointments. I mean obviously we’re going to have 30 people that we don’t agree with but out of the respect as stated that we you know we respect each individual district of representation and move forward with this. And as we did in the past we haven’t had any issues then with the appointments however many, I would think up here that would disagree with some of the appointments that people have made in the past but I would like to move forward with this with this particular consent item. And like I said I don’t think there’s no need to really get into. I mean I understand there’s some personal issues there but this is not a personal aspect. It is more of an individual basis here. Mr. Mayor: Would you like to make a substitute motion for approval? Mr. Johnson: Yes, I would like to make a substitute motion for approval, please. Mr. Mason: Second. Mr. Mayor: Okay, we have a substitute motion for approval. If there’s no further discussion if commissioners will vote by the substitute sign of voting. Mr. Smith and Mr. Grantham vote No. Ms. Beard abstains. Motion carries 6-2-1. Mr. Mayor: Okay, Madam Clerk, I believe our final agenda item deals with another appointment number 39 if I’m correct. APPOINTMENTS 39. Motion to approve the appointment of F. Marion Durst, IV to the Richmond County Board of Health (replacing Jack Padgett). (Requested by Commissioner Jerry Brigham) Mr. Grantham: Motion to approve. Mr. Brigham: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Motion carries 9-0. LEGAL MEETING A.Pending and potential Litigation. B.Real Estate. C.Personnel. ADDENDUM 43. Motion to go into a Legal Meeting. Mr. Mayor: All righty, Ms. Johnson, do we need a Legal meeting? 31 Ms. Johnson: We do we have several litigation matters that need to be discussed. Mr. Bowles: Mr. Mayor, before we --- Mr. Mayor: Commissioner Bowles. Mr. Bowles: There was an item to add and approve. A request from the Administrator. Mr. Mayor: Is the, Fred, are you out there any place? Mr. Russell: We needed a second reading on the pension program that was passed --- The Clerk: We did it. We have a second reading. Mr. Russell: We have a second reading? The Clerk: The first reading was the night it was approved and then we had a second reading last week. A week ago so it had a second reading. The first reading was the night it was approved. The second reading was last week. Mr. Bowles: I sit corrected. Mr. Russell: Obviously it’s me that needs to be corrected at this moment. I was too busy working on the signs. Mr. Bowles: Mr. Mayor, I’d like to just go ahead and make a motion to add and approve the second or the third reading to this Ordinance just to make sure we’re safe. Mr. Johnson: I’ll second that motion. The Clerk: It has to be added to the agenda. Mr. Bowles: I just added it. The Clerk: Add what? Mr. Bowles: Whatever Fred just said. The Clerk: Oh, okay, go ahead, go ahead. Mr. Bowles: The motion was to add and approve --- Mr. Mayor: There’s --- Mr. Bowles: There’s nothing to add. 32 Mr. Grantham: You don’t have anything to add. Mr. Mayor: Mr. Russell, do you have anything to add to this conversation? Mr. Russell: Let me, something after Legal potentionally at this point in time. If we can go to Legal --- Mr. Mayor: We’ll deal with it. So, Ms. Johnson, we need a legal meeting to go to matters of pending and potential litigation. Do we have any real estate or personnel? Ms. Johnson: No, we do not. Mr. Mayor: Can I get a motion to that affect? Ms. Beard: So moved. Mr. Johnson: I second it. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Mayor: We are in Legal. [LEGAL MEETING] Mr. Mayor: We would need a motion to approve the Closed Meeting Affidavit. 44. Motion to authorize the Mayor to execute the affidavit of compliance with Georgia’s Open Meeting Act. Ms. Beard: So moved. Mr. Smith: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Mason out. Motion carries 8-0. Mr. Mayor: With no further business to come before the body we stand adjourned. Thank you everybody. 33 [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 March 18, 2008. ______________________________ Clerk of Commission 34