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HomeMy WebLinkAboutCommission Meeting May 20, 2008 REGULAR MEETING COMMISSION CHAMBER MAY 20, 2008 Augusta Richmond County Commission convened at 2:00 p.m., May 20, 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 Michael McCoy, Pastor New Covenant Church Gospel of Deliverance. The Pledge of Allegiance to the Flag of the United States of America was recited. RECOGNITION(S) Academy of Richmond County Golf Team A. Congratulation! ARC Musketeers – 2008 Georgia Class AAAA Golf Champions. (Requested by Commissioner Don Grantham) Recognition of the ARC golf team. Mr. Mayor: Madam Clerk, I think we had some deletions to the agenda. The Clerk: Employee of the Month B. Mr. Stanley Carter, Augusta Utilities Department, April Employee of the Month. APPOINTMENTS 67. Consider the recommendation from the Richmond County Board of Health to appoint one of three names to fill a vacant set on the BOH. (Motion to delete Ms. Lu Lu Gillard’s name from the list for consideration at her request.) Mr. Brigham: 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. 1 Mr. Mayor: Madam Clerk, on to the delegations. DELEGATIONS C. Mr. Edward Fletcher. RE: Blanchard and Calhoun’s proposed Development off of Walton Way Extension. Mr. Mayor: Okay, Mr. Fletcher, and if you could keep it to five minutes, please. Mr. Mitchell: I’m actually Ryan Mitchell. Ed Fletcher could not be here. I’m the Fox Hall Homeowners Association President and I’m just here to make sure that the development abides by the AASHTO, which is the American Association of State Highways Officials, which sets the standard for traffic flow and safety. And I just wanted to make sure that there were no variance to the AASHTO standards be granted in order for traffic flow and emergency for the roadways. Mr. Mayor: Okay. Thank you, sir. Madam Clerk, let’s move on to the consent agenda. The Clerk: Our consent agenda consists of items 1-64, items 1-64. For the benefit of any objectors to our Planning Petitions, once the petition is read would you please signify your objection by raising your hand. Item 5. Is a request for a Special Exception on property located at 1678 Fifteenth Street. Item 6. Is for a change of zoning from a Zone A (Agriculture) to a Zone B-2 (General Business) to a Zone B-2 affecting property located 3906 Wrightsboro Road. Item 7. Is for a change of zoning from (Z-06-51) and (Z-07-33) zoned B-1 (Neighborhood Business) with a Special Exception on property located on Hebron Court at the intersection of Walton Way Extension. The Clerk: Are there any objectors to those planning petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: I call your attention to our Public Services portion of the 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. Item 11. Is for a retail package Liquor, Beer & Wine License to be used at the Kroger Shopping Center located at 2525 Washington Road. Item 12. Is for a Liquor, Beer & Wine license to be used in connection with Sky City located at 1157 Broad Street. Item 13. Is for an on premise consumption Liquor, Beer & Wine license to be used in connection the Long Horn Steakhouse of Augusta located at 3267 Washington Road. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. 2 The Clerk: Our consent agenda items 1-64. Mr. Mayor: Commissioner Hatney. Mr. Hatney: On item 24, being a man of peace I think I should apologize to my colleague Mr. Grantham for fussing at him the other day when I really did appoint the committee and didn’t remember. I don’t have any problem with it staying on the consent agenda. Mr. Mayor: Amen, amen and amen. Mr. Grantham: Thank you very much, Reverend Hatney. I appreciate that. There’s not many men that will come and admit their faults. Mr. Mayor: Let’s just make sure that when you have one that you admit it too. Okay, do we have any additions to the consent agenda? Mr. Hatney: Other than my abstaining on the alcohol. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, I’d like to add item number 65 and 66 to the consent agenda. Mr. Mayor: Okay, are there any further additions to? Okay, any items to be pulled for discussion? Commissioner Grantham. Mr. Grantham: Mr. Mayor, I’d like to pull item #17. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, I’d like to hear from Mr. Patty. If he can satisfy my curiosity on item seven as to the whether the special exceptions include the traffic situation up at the property on Walton Way Extension I’ll leave it on consent. If he can’t I will pull it for discussion. Mr. Mayor: Mr. Patty, can you speak to that issue? Mr. Patty: Yes, sir. This is property that was rezoned some time ago. It’s been through the courts and the court said zone it. This application is for 15 acres of commercial and 28 acres of apartments that are relatively low density. The conditions are essentially the same as they were previous, with the previous project. One, there’s one notable change and that is that the we had said before that in order for this project to work there’s got to be a signal near the, at the intersection at Walton Way Extension. There’s been a new interchange built there and as you know there’s some question about whether the distance from the ramps at that interchange were sufficient to where that signal needs to be in order for it to meet accident standards and the previous condition was it would have to meet accident standards. At the meeting when I read the 3 conditions the applicant suggested that the standards had been changed since the original zoning and that if that’s true then it might meet the former standard but wouldn’t meet the current standard. So we changed the condition to say that if new signalized intersections were determined to not conform to accident standards or the variance those standards are not granted by Georgia DOT or Augusta Richmond County traffic engineers then the new zoning classification shall revert back to the previous classification. In other words it did open the door for there to be a variance granted which would be of course heavily scrutinized. That’s the point of contention I believe. Mr. Brigham: Well, Mr. Patty, I personally believe since I represent that district that that shopping center will not work without a red light at that intersection. Mr. Patty: Absolutely it will not work without a red light. Mr. Brigham: And I think that needs to be a part of the stipulations in this zoning that we do have a consistent red light be at that intersection. Mr. Patty: The question is --- Mr. Brigham: Other than that I think the other request was for a right in and right out and I don’t have a problem with the engineering determining or not that meets accident standards or not. Mr. Patty: Well, the accident, the question of the accident standards applies only to the signalized intersection. If the new signalized intersection is determined not to conform to accident standards or a variance of the standard is not granted by Georgia DOT or Augusta Richmond County Traffic Engineers then the new, then essentially the zoning doesn’t happen. So it only applies to the intersection. It does not apply to the right in right out ingress egress. Mr. Brigham: I think we should also include the fact we need to have to signalized intersection there. Mr. Patty: There’s no question a signalized intersection is needed. The question is if it doesn’t meet the new standard but it meets the old standards should a variance be considered. That’s the question. And there may be a difference between 660 in the thousand feet. I don’t know frankly because this came up at the meeting. I’ve heard it for the first time. Maybe our traffic engineer, he’s here can answer that question but there may not be any new standards. Mr. Brigham: If he’s here I’d love to hear from him. If not, I’d like to make sure that we include a traffic signal in that as a part of the variance. Mr. Mayor: Steve, you back there? Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. I’ll tag along with Commissioner Brigham since that’s part of my district as well. But the developer is present today and I think that what we need to do is hear from them based on the request that’s been made in regards to the traffic 4 signal. I don’t think that’s ever been a problem for that particular project or that particular piece of land that there would be a traffic signal requested there. So you know with that being said with the developer present maybe we ought to try and hear from them as well. Mr. Mayor: Okay, we’re trying, um Mr. Cassell we’re getting on the phone so how about if we just pull it. Okay and just approve the rest of the consent agenda. Okay, are there any more items to be pulled for discussion? Okay, hearing none I’d look for a motion to approve the consent agenda. Mr. Hatney: So moved. Mr. Holland: Second. CONSENT AGENDA PLANNING 1. FINAL PLAT – BRROKSTONE CONDOMINIUM AT RAE’S CREEK, PHASE II-B- S-696-B-II-B – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Southern Partners on behalf of Richmond Development Partners LLC, requesting final plat approval for Brookstone Condominium at Rae’s Creek, Phase ii-B. This residential development is located on Brookstone Way, across from Brookstone Condominiums at Rae’s Creek, Phase I. 2. FINAL PLAT – STONEBROOK SUBDIVISION-S-772 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by H. Lawson Graham and Associates, on behalf of Stonebrook Builders, requesting final plat approval for Stonebrook Subdivision. This residential development is located on Travis Road and contains 14 lots. 3. FINAL PLAT – SOUTHAMPTON, SECTION FOUR-B-S-785 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Southern Partners, on behalf of Coel Development Co., requesting final plat for Southampton, Section 4-B, apportion of Section 4 and Section 5. This residential subdivision is located on Ardwick Drive, adjacent to Southampton, Section 4-A and contains 40 lots. 4. FINAL PLAT – COTSWOLD PLACE (FORMALLY NEWTOWNE SUBDIVISIION – S-713 – APPROVED 4-1-2008-SUBDIVISION NAME CHANGE AND ROAD CHANGING FROM PRIVATE TO PUBLIC) S-787 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by H. Lawson Graham and Associates, on behalf of Randy Watkins, requesting final plat approval for Cotswold Place Subdivision (fka Newtowne Subdivision). This residential subdivision is located on Boy Scout Road and contains 25 lots. 5. Z-08-35 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Milton L. Allen, on behalf of the American Legion Post 505 et. al, requesting a Special Exception to renovate an existing lodge per Section 26- 1 (i) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .81 acres and known under the present numbering system as 1678 Fifteenth Street. (Tax Map 058-4-215-00-0,058-4-234-00-0, 058-4-214-00-0 and 058-4-223- 00-0) DISTRICT 2 5 6. Z-08-36 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that slates be added to the existing chain link fence along the west property line that adjoins the existing residential properties; a petition by Laura Forbes requesting a change of zoning from Zone A (Agriculture) and Zone B-2 (General Business) to Zone B-2 affecting property containing approximately 1.7 acres and is known under the present numbering system as 3906 Wrightsboro Road. (Tax Map 039- 0-69-01-0) DISTRICT 3 8. SPA-06 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to a portion of Section 301 of the Site Plan Regulations for Augusta-Richmond County pertaining to Wetland Indemnification. 9. SA-42 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to Section 302(Z) of the Subdivision Regulations for Augusta Richmond County pertaining to Wetland Indemnification. PUBLIC SERVICES 10. Motion to approve revised Augusta Regional Airport Director’s job description only. (Approved by Public Services Committee May 12, 2008) 11. Motion to approve Hardship Transfer Application: A.T. 05-08: request by Pokcha Lee Opal to transfer the retail package Liquor, Beer & Wine license used in connection with Big Tree Package located at 2525 Washington Rd to 2801 Washington Rd in the new Kroger Shopping Center. District 7. Super District 10. (Approved by Public Services Committee May 12, 2008) 12. Motion to approve New Ownership Application: 08-18: request by Cuthbert “Coco” Rubio for an on premise consumption Liquor, Beer & Wine license to be used in connection with Sky City located at 1157 Broad St. District 1. Super District 9. (Approved by Public Safety Committee May 12, 2008) 13. Motion to approve New Ownership Applications: A.N. 08-19: request by Mark Johnson for an on premise consumption Liquor, Beer & Wine license to be used in connection with Rare Hospitality, Inc., D/B/A Long Horn Steakhouse of Augusta located at 3267 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee May 12, 2008) 14. Motion to approve the reimbursement of funds for bus 9901 which is inoperable in the amount of $51,122.21 from Risk Management funds for losses. (Approved by Public Services Committee May 12, 2008) 15. Motion to approve an amendment to the Senior Nutrition Contract with CSRA-RDC for additional funding for meals, and to approve a budget amendment accordingly. (Approved by Public Services Committee May 12, 2008) 16. Motion to approve a professional services agreement with Cranston Engineering Group in the amount of $5,200.00 to provide a feasibility study for the development of camping and supported facilities at Diamond Lakes Regional Park. (Approved by Public Services Committee May 12, 2008) 18. Motion to approve A/E service agreement with Johnson, Laschober & Associates for professional services in the amount of $5,420 associated with a new walking track at Eastview Park. (Approved by Public Services Committee May 12, 2008) 6 19. Motion to approve the renovations to locks – New Savannah Bluff Lock and Dam (NSBL&D) funded from the Capital Outlay Contingency. (Approved by Public Services Committee May 12, 2008) 20. Motion to approve Terminal Construction Project Change Order #20 – Exterior Signage Package. (Approved by Public Services Committee May 12, 2008) ADMINISTRATIVE SERVICES 21. Motion to approve the Purchase of Voting Equipment Warranties. (Approved by Administrative Services Committee May 12, 2008) 22. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the Meadowbrook Neighborhood: 3505 Redd Drive, 3637 Brussels Street, (District 5, Super District 9); East Augusta Neighborhood: 3426 Applejack Terrace, (District 2, Super District 9); South Augusta Neighborhood: 2222 Grand ND Boulevard, (District 2, Super District 9); AND WAIVE 2 READING. (Approved by Administrative Services Committee May 12, 2008) 23. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the Bethlehem Neighborhood: 1575 Picquet Avenue, 48 David Street, 1138 Sharpes Lane, 1418 Twelfth Street, (District 2, Super District 9); South Augusta Neighborhood: 2002½ Second Avenue, 2312 Milledgeville Road, (District 2, Super District 9); Harrisburg Neighborhood: 1912 Fenwick Street, 1758 Watkins Street, (District 2, Super District 9); West Augusta Neighborhood: 2854 Pineview Road, (District 7, Super ND District 10) AND WAIVE 2 READING (Approved by Administrative Services Committee May 12, 2008) 24. Motion to approve the memorial walk location at the Augusta Commons as recommended by the subcommittee. (Approved by Administrative Services Committee May 12, 2008) 25. Motion to approve authorizing the City of Augusta’s support for Vantage Development Low-Income Tax Credit Application to the Department of Community Affairs for The Terrace at Edinburgh, Augusta, Georgia and approval of $300,000 in HOME Funds with an additional operating subsidy of $18,000 per year for ten (10) years. (Approved by Administrative Services Committee May 12, 2008) PUBLIC SAFETY 26. Motion to approve a Resolution to provide for the monthly wireless 911 charge for wireless communication subscribers pursuant to O.C.G.A. Section 46-5-134, to provide for the method and manner of collection for said fee and for validation thereof, and for other purposes. (Approved by Public Safety Committee May 12, 2008) 27. Motion to approve awarding of Bid Item #08-074 for an Air-Pak 75 Open-Circuit Self- Contained Breathing Hagemeyer. (Approved by Public Safety Committee May 12, 2008) FINANCE 28. Motion to approve the replacement of two vehicles for the Augusta Richmond County Correctional Institute (ARCCI). (Approved by Finance Committee May 12, 2008) 29. Motion to adopt a proposed ordinance to regulate off airport rental car concession at the Augusta Regional Airport; to amend the Augusta-Richmond County Code; to repeal all ordinances and parts of ordinances in conflict therewith; to provide for severability; to 7 provide an effective date therefore and for other purposes as stated in said ordinance. (Approved by Finance Committee May 12, 2008) 30. Motion to approve funding agreements between Augusta Richmond County and the Beulah Grove Community Resource Center d/b/a Lamar Medical Center and the CSB of East Central Georgia d/b/a Serenity Behavioral Systems. (Approved by Finance Committee May 12, 2008) 31. Motion to approve Change Order for Bid Item #07-188, Replacement of Engine Bay Floor and Apron. 32. Motion to approve an increase Library appropriation to reflect the 2007 cost of living raise. (Approved by Finance Committee May 12, 2008) 33. Motion to approve the purchase of 2-administrative automobiles for Engineering Department. (Approved by Finance Committee May 12, 2008) 34. Motion to approve request to increase the budget for the Local Emergency Operation Plan to cover the costs of the Twenty-First Century calling system. (Approved by Finance Committee May 12, 2008) 35. Motion to approve a request from Mr. James M. Schear regarding a refund of taxes for property located at 3314 Thread Needle Road. (Approved by Finance Committee May 12, 2008) 36. Motion to approve refund recommendation from the Board of Assessors for one account. (Approved by Finance Committee May 12, 2008) 37. Motion to approve the purchase of 69 digital camera systems for the Sheriff’s Office Road Patrol Vehicles. (Approved by Finance Committee May 12, 2008) 38. Motion to approve the purchase of 2-Cargo Vans and 1-Impala for Public Services Department. (Approved by Finance Committee May 12, 2008) 39. Motion to authorize the extension of the Serious Offender Reentry Initiative (SVORI) Grant between the City of Augusta and the Criminal Justice Coordinating Council and the corresponding budget adjustments to revenue and expenses. (Approved by Finance Committee May 12, 2008) 40. Motion to approve the purchase of one mobile sewer camera system to facilitate the Fort Gordon support contract by the Augusta Utilities Department. (Approved by Finance Committee May 12, 2008) 41. Motion to approve the purchase of 1-Explorer for Utilities-Water Production-Water Quality Branch. (Approved by Finance Committee May 12, 2008) ENGINEERING SERVICES 42. Motion to approve AUD’s use of 2004 Engineering RFQ for New Projects. (Approved by Engineering Services Committee May 12, 2008) 43. Motion to approve Change Order #1 to the existing construction contract with Oscar Renda Contracting to modify the pavement repair method for New Savannah Road. (Approved by Engineering Services Committee May 12, 2008) 44. Motion to approve Change Order #2 to the existing construction contract with Oscar Renda Contracting to provide for changes to original construction requirements as listed in the attached change order #2 documentation. (Approved by Engineering Services Committee May 12, 2008) 8 45. Motion to approve Change Order #3 to the existing construction contract with W.L. Hailey and Company, Inc. to construct the Rae’s Creek Sanitary Sewer Improvements Project. (Approved by Engineering Services Committee May 12, 2008) 46. Motion to approve concept of a Cost Sharing Agreement between Automatic Data Processing (ADP) and AUD to share 50% of the construction cost for a sewer line to serve ADP and surrounding properties on Interstate Parkway. (Approved by Engineering Services Committee May 12, 200) 47. Motion to approve final Deductive Change Order for Eagle Utility Contracting in the amount of ($43,782.60) for the Upper Butler Creek Sanitary Sewer Project #50128. (Approved by Engineering Services Committee May 12, 2008) 48. Motion to approve and accept the AGL Option and Deed for an easement on AUD Project 10158. (Approved by Engineering Services Committee May 12, 2008) 49. Motion to approve and accept the Atlanta Gas Light Encroachment Agreement for AUD Project 60107. (Approved by Engineering Services Committee May 12, 2008) 50. Motion to authorize the Cultural Resources Management services related to the Archeological Site 9R1158 (aka The Pig Pen Site) with R.S. Webb & Associates in the amount of $90,142.00. (Approved by Engineering Services Committee May 12, 2008) 51. Motion to approve a Memo of Understanding designating the Augusta Convention and Visitors Bureau as the managing entity of the wayfinding sign system. (Approved by Engineering Services Committee May 12, 2008) 52. Motion to approve request to award bid for Ashley Drive Storm Water Pipe Replacement to low bidder, Beam’s Contracting, in the amount of $104,075. (Approved by Engineering Services Committee May 12, 2008) 53. Motion to approve Change Order #1 to DS Utilities Company Inc. to make final quality adjustments (deductions and overruns) in accordance with the terms of the unit price contract as well as add two new unit price line items to the contract. (Approved by Engineering Services Committee May 12, 2008) 54. Motion to approve a request from the Brigadier General E. Porter Alexander Camp #158, Sons of Confederate Veterans, for permission to perform restoration work on the Confederate Powder Works Chimney located at Sibley Mill on Goodrich Street. (Approved by Engineering Services Committee May 12, 2008) 55. Motion to approve award of Construction Contract to CBH Construction in the amount of $61,079.00 for the Storm Pipe Replacement at Good News Baptist Church (CPB#322- 041110-206822001), subject to receipt of signed contracts and proper bonds. Also approve Change Number One I the amount of $10,000 to be funded from One Percent Sales Tax, Phase II Recapture as requested by the Engineering Department. (Approved by Engineering Services Committee May 12, 2008) 56. Motion to approve authorizing the Administrator to negotiate a contract with the owners of the old Federal Bankruptcy Court Building for use of the second and third floors as the site of the Juvenile Court and bring back for final approval. (Approved by Engineering Services Committee May 12, 2008) 57. Motion to authorize condemnation of a portion of a property owned by Darnell Warren as Administrator for the Estate of Mattie L. Warren; 9948 square feet of permanent easement and 9341 square feet of temporary construction easement, PIN: 099-0-070-00-0, property address: 2417 Doug Barnard Parkway. (Approved by Engineering Services Committee May 12, 2008) 9 58. Motion to authorize condemnation of a portion of a property owned by Sheila Ann Mitchell; 1,618 square feet of permanent access, utility and maintenance easement and 2,015 square feet of temporary construction easement. PIN 132-0-447-00-0, property address: 3490 Monte Carlo Drive. (Approved by Engineering Services Committee May 12, 2008) 59. Motion to approve the purchase of a KIP 5202 Large Document Color Scanner/Copier/Printer System and Accessories in the amount of $35,078.75. (Approved by Engineering Services Committee May 12, 2008) 60. Motion to ratify Change Order 2 to Daily Rate Construction Program for Emergency Line Replacement on New Savannah Rd. for $205,000.00. (Approved by Engineering Services Committee May 12, 2008) 61. Motion to ratify Emergency Bid to replace Eisenhower Hospital 14” Water Line. (Approved by Engineering Services Committee May 12, 2008) 62. Motion to approve proposal for the profession services in the amount of $86,500 to ZEL Engineering for the plan of study for the Rock Creek basin. (Approved by Engineering Services Committee May 12, 2008) PETITIONS AND COMMUNICATIONS 63. Motion to approve the minutes of the regular meeting of the Commission held on May 6, 2008) APPOINTMENTS 64. Motion to approve the appointments of Lillie Hatney Williams to the ARC Planning Commission and Diane Moss to the Animal Control Board representing District 2. PUBLIC SERVICES 65. Consider a recommendation from the Richmond County Board of Health to revoke the business license of the Jazz Lounge, 730 Broad Street for non-payment of the Environmental Health fees. PETITIONS AND COMMUNICATIONS 66. Consider a request from the Richmond County Board of Health to expend approximately $63,424.17 in remaining SPLOST funds from the Richmond County Health Department’s South Augusta Facility for Capital Improvements (spare issues) at the Laney-Walker facility. ADDENDUM 70. Approve request for acceptance of Office of Domestic Preparedness Grant. Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Hatney abstains. Motion carries 9-1. [Items 11-13] 10 Motion carries 10-0. [Items 1-6, 8-10, 14-16, 18-64, 65-66, 70] Mr. Mayor: Okay. The Clerk: Seventeen? Mr. Mayor: Let’s go to seventeen. The Clerk: PUBLIC SERVICES 17. Motion to approve proceeding with a study regarding developing a regional park at the former Regency Mall site. (Approved by Public Services Committee May 12, 2008) Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. I had this pulled because I think there’s some clarification that needs to be made in regards to that particular location. I’m not opposed to a regional park. I think you’ll notice in the past I have been recommending regional parks throughout our area and feel like that with the 61 parks that we have now that we need to consolidate those parks into something that is more suitable and more desirable for people to go to. I dare say that our 61 parks are utilized to the extent that people may used to have at one time. But as we look at what we have out of Diamond Lakes I think we see that benefit is certainly there and that we need to look into that particular type of recreation for our community. However noticing the location of Regency Mall I talked to our Administrator Fred Russell in regards to that site to find out if some of the questions that have been answered for that particular location. And that one being since we do not own the property have we contacted the owner as to the price or what we might can do in order to obtain that property? Second would be realizing what was there in the past, the environmental impact that we have out there. Have we looked into discovery on that particular issue? And then I think there’s several other issues as to a multiple use type of facility. So I think it’s a good concept, it’s a good idea but I feel like we need more answers before we move forward and we should give our Administrator the opportunity to go out and seek those types of answers, come back and make a recommendation back to us. I’d like to hear from him first before I make a substitute motion to this particular item. Mr. Mayor: Mr. Russell. Mr. Russell: Commissioner Grantham and members of the commission, as you know the Regency Mall area has been an issue of I want to say contempt but an issue of, you know a blight upon our community for a long time. What we’ve attempted to do is put together a proposal that will get us moving on that particular area. As Commissioner Grantham has, you know obviously pointed out we do not control that property and we’re sort of at the benefit of the owner at this particular point in time who has been involved with several discussions in the past but has never really moved on that property in any way form or shape. I was informed just recently within the 11 last hour that he has apparently has a potential buyer that at some great length that’s looking at purchasing that property for an economic development, a major retailer. We’ve heard that on several occasions in the past and while that would be a wonderful thing and I would suggest if that happened to keep that property on the tax roles to continue to move forward with that property would be a great thing for Augusta. And I would support that one hundred percent. But I ride by regularly and have for the past eight years and people that ride by in the years prior to that and all we’ve got is empty buildings and a parking lot that’s growing up with grass. And that’s in my mind not really acceptable. We need to do something. I think what we’ve asked for and what I’ve looked for and what we’ve tried to do is give us some opportunity to get control of that property. A recreational facility, a government building, those kinds of things while not on the tax role will help us clean up that particular area and continue to help us to move forward with some progress in that area. What I’ve asked and what is on the table today is a request to continue to move forward with that. What I would like to have passed is to have the opportunity to put out an RFQ to bring in a consultant that would actually give us some of those answers there. I’m not asking that we spend dollars at the moment I’m asking that we develop and RFQ and let you have the opportunity to look at that or look at what might happen out of that and look at what would be developed there. Once again the highest and best use of that area is probably not a park but I would think that some use would be better than no use and I think that you know if the owner is interested in moving forward or whatever would be a good time for us to have some conversations about that. But once again we’ve got a piece of property that 75 acres in the center of our city that’s basically falling down and we need to do something with it. And what I would ask would be for permission to go ahead and put out the RFQ to look at a park to look at what else might be there and move forward with that. We’d come back to you at the end of that with a request for dollars if necessary and hopefully the gentleman’s plan to do something with it privately would come before any of that would happen and we’d love to see that happen. Mr. Mayor: Okay. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. In view of the fact Mr. Mayor that that particular area is in my district and Mr. Jimmy Smith and part of Mr. Mason’s district also we have agreed wholeheartedly that it’s time to move on that particular piece of property. Every since it’s been announced that something was going to be done with that property the telephone’s have not stopped ringing simply because that property’s been left for 20-plus years and nothing has been done about it. So since now someone is thinking about doing something with that property we feel that’s it’s necessary to move forward and try to go ahead and answer some of the questions of course that Mr. Grantham asked and give us an opportunity to discuss the areas in which we’re going to try to place a development of roof tops or maybe a facsimile of a park of Diamond Lakes or even retail stores for economic development. And even having something of that particular nature done in that area when the study comes back it would give us an opportunity to sit down and evaluate and analyze what we need to place in that area especially for that community. Whatever we do there is going to compliment the entire area, the South Augusta area, Gordon Highway, Peach Orchard Road, the whole neighborhood. So we’re looking forward to working with this and hopefully with this particular study that will come back it will give us an opportunity to sit down and try to make some decisions in reference to what can be done with that property. As Mr. Russell has already stated it’s not going to cost any funds at 12 this particular time to do an RFQ so anytime it’s not going to cost us any money I feel that we need to move ahead on it as quickly as we possibly can. Mr. Mayor: Commissioner Hatney. Mr. Hatney: And I always have to do this because it’s my nature to make unpopular suggestions. But it also would be a beautiful site, Mr. Mayor, for that baseball complex you’re talking about with all that other stuff. It would be a great site. I mean you got all the highways everywhere you got no problem where riding nothing it would be nice. 520 right down the road, it would get everybody going back to South Carolina back to Thomson. Oh, it would just be beautiful. Just want to throw it all out there. You know just don’t lock down one thing because it’s going to be hard to get it down here on Reynolds Street so let’s look at that too being it’s in my district too. Mr. Mayor: Commissioner Bowles. Mr. Bowles: While it’s not in my district, Mr. Mayor, I think it would be in our best interest to go back to the redevelopment plan that was accepted by the Commissioners back in 2000. There has been a plan done and if you look at that that redevelopment strategy it talks and discusses certain initiatives that the government could create like tax allocations districts, which we just passed and these are things that we’ve implemented. And I don’t see why since we’ve just implemented these tax allocation districts the government’s looking to get in a rush to . acquire this property to get it off the tax rolesI think the best interest would be to go out and seek private developers to come in and develop this property with the added tools that we’ve given them. Mr. Hatney: Amen. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Is that a motion, Joe? Mr. Bowles: I’ll put that in the form of a motion. Mr. Johnson: I agree with you I’d just like to add it does affect my district as well. Right across the street is District 2 and I agree that we really need to exercise the right to seek economic development in that area. I think that it would do a lot for the community, it will raise the tax bases there and it would give people the integrity they once had in that community as well. So I would definitely like to second the motion if that is in the form of a motion to definitely to go forward with the plan of an RFQ on this and definitely to go on and move to get something accomplished there. Mr. Mayor: I don’t think that was Commissioner Bowles motion. Commissioner Bowles, what was? 13 My motion would be a substitute motion for Mr. Bowles: I going to make a motion. the Administrator to take a look at the 2000 plan that was accepted by the Commission. Bring that back with the economic tools that we put in place since then and give us our best and discuss with the property owner and come back with a report to us. Mr. Brigham: I would second that motion. Mr. Holland: Can we hear what Mr. Russell has to say in reference to a response to that? Mr. Mayor: Okay, we do have a motion that’s been seconded on this. Mr. Russell: I think that gets us going where we need to go. When we review that plan which I haven’t had the benefit of looking at, I’d like to look at it with a couple people here that have been involved with that area. And it does move us forward. I believe what we need to do at this point is recognize is that we’re not going to sit back. We need to make something happen. Mr. Hatney: I haven’t seen it either so I’d like to look at it too here. Mr. Russell: I’d be happy to share that with everybody and I think that gets us to the next step, Coach. I think that’s where we’re going. Mr. Mayor: Okay, 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: All righty, Madam Clerk actually I know we’ve got some folks here prior to going back to I guess agenda item #7. Let’s go to the, to 68 and hear the presentation. The Clerk: ADMINISTRATOR 68. Updated presentation to the Augusta-Richmond County Commission by the Judicial Center Subcommittee. Mr. Kuhlke: Mr. Mayor, Mayor Pro Tem, Commissioners, the Judicial Committee has been moving forward with that facility on the corner of Walton Way and James Brown Boulevard. We’ve had a number of meetings, our latest meeting being this morning. And in addition to meeting on the Judicial Center the architect and consultants have been meeting with the Sheriff’s Department and the Marshall’s Department. What we’d like to do in an attempt to keep you abreast of where we are we’d like to make a brief presentation to you on what we have developed up to this point through schematic design and also just getting into the design development phase of the project. At this time we have Dave Bitter here with Turner and Associates and then Frank Green and Don Green with Heery. Frank Green is with Richie Green out of New York who are experts on the court systems. So I’m going to turn it over to Frank at this time to show you where we are and obviously answer any questions you may have. 14 Mr. Green: Thank you, Bill, Mr. Mayor and members of the Commission. I’m very pleased to be before you today and to report on the progress of the Judicial Center project, which is moving rapidly. We are on schedule we are on budget and the design today enjoys the support of the committee. So that’s all good news. I see some new faces that I don’t know. We’ve been working on this project for quite a while, 2003, 2004, something like that and it’s very gratifying to be in a position to able to make this kind of report to you. We started with a visioning session where the group, the team, the committee, the users all the stakeholders agreed on this as our charter statement. This is what our goal was it that the design and construction of a functional and attractive courthouse that reflects the values of the community and the integrity of the judicial system. We established a number of measures of success. I will spare you reading those but these are how we determine, will be able to judge later whether we achieved those goals. The role of the public in this building is one that’s very important to the design and all of the project team. This is the project schedule again fairly indecipherable. We are roughly half way through the design phase. Our goal is to complete the design by the end of the year and to break ground by the end of the year and occupancy in 2010. That’s where we’re at in the big picture. This is the space program. This is a list of all of the departments that are in the building. It’s all of the courts other than Juvenile Court. It totals to 183,000 square feet as kind of the maximum size of the project that us designers are entitled to design. We are under the square footage target at this point with a building that meets all the performance objectives. So that’s a very good measure of I think at this point of our hope that we’ll be able to stay under budget. Because right now we’re under budget and we intend to stay that way. This is a site plan that I hope all of you are familiar with the site location and I’m pointing at the screen and you can’t see. I apologize for not being able to use your new technology devices but we’re roughly at the intersection of Walton Way and James Brown Boulevard. We have a originally a fairly large site that extended all the way up close to the Bankruptcy Court but we have said this site is a future parking zone and in view of the limited budget that we have so our development will take place in this zone. We’re hoping on the development of a park by the Canal Authority across the street and in many ways will serve as the front entrance court of the new courthouse. Because the new courthouse, while it’s located in the middle of the block, of the Walton Way Block and James Brown Boulevard and Tenth its entrance will be oriented towards that park and James Brown Boulevard towards the east, which is the rising sun. The courthouse is a morning building. You’ll see that the courthouse building has long bar piece here on the south side of the site. That’s a four-story section that houses all the courtrooms and judges. And you’ll see there’s a large circular piece that sort of fills out the site. That’s a two-story piece that has all the publicly accessed functions. It’s our intention that this building be very open and user friendly that most of the business that people will do other than go into courtrooms, they’ll be able to come into on the first floor and transact, maybe go up a flight of stairs to the second floor and transact and they leave without ever having to get on an elevator and that sort of thing. Very easy building to use is the goal. Parking fills out the bulk of the site. We’re somewhere around 340 parking spaces on the site with this future development site that’s part of the project area not part of our budget that can handle another, over 200 parking spaces on that site. So we think that the parking needs will be met on site. And I’m going to give you every single detail though I would love to but there’s a lot of people in this room that deserve to be heard as well. This is the first floor plan. It shows the entrance from the east. This yellow zone is the public circulation zone. You come in the front door, there’s adequate space for people to line up for the security screening, line up indoors 15 not outdoors under cover out of the weather. Both of these security screening come into a large public lobby which then has a flight of stairs to go up to the second, third and fourth floors or actually public elevators as well. The first floor has all the clerk departments on it as well as the jury assembly area and the Probate Clerk. The rest of the first floor really is not accessible to the public because it’s mechanical rooms and prisoner spaces. Prisoners will be brought to this building from an inside garage. We call is a Sally Court. They will get off the vehicles and be brought into holding areas out of sight of the public. No contact with the public no chance for inappropriate contact. They will be transported directly up to courtrooms via two prisoner elevators, again, out of contact with the public and placed in holding cells there so they can be immediately brought to the courtrooms. And you can see that on this slide. This is four-story piece. These are courtrooms that are arranged in pairs around prisoner holding suites. So prisoners are held there when it’s time to go into the courtroom they go right in. When they’re finished they go back. The only places the prisoners come into contact with the public is in the courtroom, which is a way to enhance security while maintaining dignity and lower staff stress at the same time. The public, again the second plan the second floor is the Solicitor General’s office, the District Attorney, Grand Jury. The very top of the stairs as you come up is the public law library. Again, a user-friendly building. The public moves along this corridor here, accesses the courtrooms off that corridor. They will find their way to where they’re going very simply and conveniently. The backside has a blue corridor. That’s for staff and judges and for juries. The third floor is very similar to the second floor except is just a long bar courtroom building and then the fourth floor is all judges chambers and mechanical equipment. So it’s a very simple layout. The way you get to a simple layout is with a lot of hard word and a lot of contributions from a lot of team members and it’s coming along very well. This is an early concept sketch of kind of the general character of the building. We want a building that feels traditional, a building that feels part of Augusta but one that also looks to the future. So we have a lot more, not design work to do to finalize this design but we hope to come back to you within a month or two with the final design and the proper finished renderings and models and all that kind of thing. But we’re working along very well as a team. We have some samples of the brick and that sort of thing. I don’t know if you’re interested in that but and so the thought is a red Georgia brick would be the majority of the building and we’ve the Boral brick yard right here that’s (inaudible) a stone material for accents around the building. This is piazza stone I believe is produced locally which we’re hoping to use as the basis for the design. This only looks like its heavy. So that’s pretty much it. Again current status we’re on schedule for a guaranteed maximum price in 2008 a construction completion in 2010 on budget on a $67 million dollar project costs and enjoys the support of the courthouse committee. Mr. Mayor: Okay, thank you, sir. Do we have any questions? Comments? Mr. Brigham: I make a motion to receive as information. Mr. Mayor: We have a motion to receive as information. Mr. Grantham: Second. Mr. Mayor: And a second. If there’s no further discussion Commissioners will now vote by the usual sign. And I will say that everybody up here I’m sure feels the same way on time 16 and on budget particularly on this project that had not gotten started for a while. I’m sure everybody’s as excited as I am. So thank y’all for your hard work. (APPLAUSE) Motion carries 10-0. Mr. Mayor: Okay, I saw Steve out there and --- Mr. Patty: Mr. Mayor once again the issue is not whether there should be a light there. There’s got to be a light there. There’s no doubt about that. The issue is whether --- The Mayor: Let’s go back to --- The Clerk: Let me get it back on the record, George. The Mayor: As they’re coming I would like to say our Traffic Engineering Department during the Masters did a phenomenal job. I just want to recognize the great job that y’all did. Traffic has never run better. And so I just wanted to publicly thank y’all for the great job you did. Mr. Russell: Do you know hard he’s going to be to live with now? Mr. Mayor: He’s already hard to live with. The Clerk: PLANNING 7. Z-08-38 – A request for concurrence with the Augusta-Richmond County Planning Commission to approvewith the conditions below; a petition by Mark Senn, on behalf of Nixon Trust, requesting a modification of conditions placed on approximately 44 acres that were the subject of two previous zoning cases (Z-06-51) and (Z-07-33) zoned B-1 (Neighborhood Business) with a Special Exception to allow individual buildings in a shopping center to exceed 15,000 square feet in area affecting property consisting of five land parcels totaling 44.4 acres (Tax Map 016-0-055-00-0; 16-0-052-01-0, 016-0-052-00-0; 016-0-051-01-0 and 016-0-051-00-0) DISTRICT 7. 1. There shall be no development or other encroachment in the 100-year floodplain except for connection to sewer lines if necessary; 2. The only access to the property shall be a new intersection on Walton Way Extension in the vicinity of Hebron Court to be paid for by the developer of the subject property. This intersection shall also provide access to the apartment complex across Walton Way Extension. The intersection shall be signalized and the cost of equipment and installation shall be borne by the developer of the subject property. If the new signalized intersection is determined not to conform to the AASHTO standards, or if a variance to those standards is not granted by GDOT or the Augusta-Richmond County Traffic Engineer, then the new zoning classification shall revert back to the previous classification. 3. The only access to Walton Way Extension except at the new signalized intersection would be a right in-right out access point that serves the entire development. If out parcels fronting on Walton Way Extension are created there shall be no access easements placed 17 on plats and deed of such parcels except for the one right in-right out access point. 4. Illumination at the rear of the complex is a potential impact that can be mitigated by the following: § A fence, wall or solid vegetative screen shall be located outside the entire floodplain at least six (6) feet in height above the ground elevation or elevation of any retaining wall or fill at that location. § For building walls facing the floodplain on the creek side of the property, all building wall lights shall be directed down the building, not outward; § In the rear parking area there shall be full cutoff lighting that does not shine into the flood plain. 5. That the only development of this property other than development allowed in the R-1 and R-1A zones shall be a mixed use commercial and multiple-family residential use consistent with the concept plan in the file dated 5-2-2008. If site plans for such development are not presented within two years of approval of the rezoning then the zoning of this property reverts to R-1A. If development of the property does not begin within three years of approval of the rezoning, then the zoning classification reverts to R- 1A. 6. That the Stormwater facility shall be built to accommodate a 100-yer storm and release it at no more than 90% of the predevelopment rate. Mr. Mayor: Mr. Patty. Mr. Patty: The question is not whether there needs be a light or not. There’s got to be a light. This project won’t work without a light. The question is if the light location doesn’t meet the standard distance separation from the ramp should a small variance be granted by either the Traffic Engineer or the State depending on his control that it’s under at the time that the variance will be needed. That’s the issue. Mr. Mayor: Okay. Mr. Cassell: Currently Walton Way Extension is a temporary state route while they’re finishing all the projects in the area. And the new Georgia DOT standards for signal spacing is 1300 feet. This is obviously closer than that. It falls within the old standards. I’ve spoken with DOT about it and it’s just as simple as applying for, with them and just getting their approval. I don’t see an issue with it personally. Mr. Mayor: Okay. Mr. Brigham. Mr. Brigham: I think that addresses the main concern. The other one’s the right in-right out in between the exit ramp and the signalization and I’m sure that you’re going to make the ruling on that as to whatever the standards are. Mr. Cassell: Yeah correct, I haven’t seen their, I’ve just seen the concept for the new development and I’ve talked to the developer and they’re going to update their traffic study and see if that’s even necessary to have that right in-right out. With the new development plan you’re looking at a lot less traffic out there as opposed to what was proposed under the forum development. So a right in-right out and that close to the ramp, I want to look at that and see what the distance and see how that would impact the ramp. Mr. Brigham: Okay with that I’m satisfied. 18 Mr. Mayor: Okay. Mr. Grantham: Mr. Mayor I make a motion to approve. Mr. Hatney: 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 10-0. Mr. Mayor: All righty, Madam Clerk. What’s that, we’re on a roll. I think we’ve just got one last agenda item. The Clerk: APPOINTMENTS 67. Consider the recommendation from the Richmond County Board of Health to appoint (1) of the following to fill a vacant seat on the BOH. (1) W. Stuart Flanagin, Jr., and Dr. Christine Crawford. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Mr. Mayor I would like to recommend Dr. Christine Crawford for that position, please. Mr. Mayor: Okay, are you putting that in the form of a motion? In the form of a motion. Mr. Hatney: Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Commissioner Brigham. Mr. Brigham: Mr. Mayor, I feel an obligation to ask Mr. Flanagin to apply for this nomination and I will nominate him for the job also. Mr. Mayor: Okay and there’s only one position available? Mr. Brigham: Right. Okay so you’re nominating him as well and putting that in the form of a Mr. Mayor: motion. Mr. Brigham: Yes, sir. 19 Mr. Mayor: Can we have a second on that? Mr. Grantham: You don’t need it. Mr. Mayor: Okay, we don’t need a second. We will vote on the candidates as nominated. The Clerk: Dr. Christine Crawford. Mr. Mayor: Commissioners will now vote by the usual sign for Dr. Crawford. Mr. Bowles, Mr. Jackson, Mr. Brigham and Mr. Grantham vote No. Motion carries 6-4. Mr. Mayor: Okay um, Mr. Russell. Mr. Russell: Yes, sir, Mr. Mayor. On item 65 that was added to the consent agenda. We have the owner of the club here. Apparently there was a issue about paying his license, his business license the payment of the non, the environmental fees to the Health Department. He’s willing to make that payment today and what I’d like to do is have him um, if that payment be made that he be allowed to get his license back and then put him on probation for 6 months because we eventually had to go after and get his license basically. Mr. Brigham: I make that motion. Mr. Russell: You need to move to reconsider and --- Mr. Brigham: I’ll make a motion to reconsider and to add. The Clerk: Add that motion. Mr. Brigham: Make that motion. Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Mr. Grantham: Mr. Mayor I --- Mr. Mayor: Commissioner Grantham. Mr. Grantham: --- don’t have an issue with this but I think we have faced on several occasions that we have taken agenda items and I know we’ve tried to revisit some in the past and don’t do it. But once we’ve taken a vote on something and this issue’s been handled I would much prefer seeing this applicant make his request at our next committee meeting to the proper 20 procedures as far as the Public Services Committee is concerned and go through the process in which we have come forward and requested from so many people. So just put this issue on the table today after we’ve already taken some issues to it. I don’t that we’d be doing ourselves or the community a service. I think we’d be doing him a disservice because we may not hear the full story as was needed. Mr. Mayor: Okay, thank you, Mr. Grantham. Okay, we have a, what’s that Mr. Russell? Mr. Russell: And I would agree with Commissioner Grantham if it hadn’t been placed on the consent agenda but I do believe that because of that we have a little bit special condition that we normally would’ve had in this particular case. And we did not give this gentleman the opportunity to speak because of that and I would encourage you to go ahead and make those amendments to the motion today. Mr. Mayor: Okay, we have a motion and a second. Can you repeat the motion, Madam Clerk? The Clerk: The motion was to reconsider item 65 first and then to revoke the recommendation of the Commission contingent upon the applicant paying his fees and that the business be placed on a 6-month probation. Mr. Mayor: Okay, if there’s no further discussion Commissioners will now vote by the usual sign. Mr. Mason, Mr. Smith, Mr. Hatney and Mr. Grantham vote No. Motion carries 6-4. Mr. Mayor: I believe that disposes of our agenda, Madam Clerk. The Clerk: Yes, sir. Legal meeting, Madam Attorney? Mr. Mayor: Madam Attorney, do we? Ms. Johnson: Yes, sir, we have some pending litigation matters to discuss. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 69. Motion to go into a Legal Meeting. Mr. Mayor: Can I get a motion to go into our Legal Meeting to discuss pending and potential litigation? 21 Mr. Mason: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. The Clerk: Mr. Grantham, you going to vote for me? Mr. Grantham: What’re we votin’ on? The Clerk: To go into Legal. Mr. Grantham: No, I vote no! Mr. Grantham and Mr. Jackson vote No. Motion carries 8-2. Mr. Mayor: Put an exclamation point on that no. We are now in Legal. [LEGAL MEETING] Mr. Mayor: I’ll go ahead and call the meeting back to order. Ms. Johnson, I believe we need a motion to approve the Closed Meeting Affidavit. 71. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Ms. Johnson: You are correct, Mr. Mayor. Mr. Mayor: If I could get a motion --- Ms. Beard: So moved. Mr. Mayor: --- excuse me motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. 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. Hatney and Mr. Grantham out. Motion carries 8-0. 22 Mr. Mayor: With no more business to come before the body we stand adjourned. Good meeting, y’all! [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 May 20, 2008. _____________________________ Clerk of Commission 23