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HomeMy WebLinkAboutCommission Meeting April 15, 2008 REGULAR MEETING COMMISSION CHAMBER APRIL 15, 2008 Augusta Richmond County Commission convened at 2:00 p.m., April 15, 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 Dr. Sam Tanksley, Pastor Thankful Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Okay, since it’s tax day I want to get everybody out of here early so they can make it to the post office. With that said I will call the meeting to order. I’d like to call on Reverend Dr. Sam Tanksley, Pastor of Thankful Baptist Church for our invocation. Please stand with me. Reverend, before you leave we have a little something for you. The Clerk: On behalf of the Mayor and the members of the Commission we’d like to thank you for coming and imparting that petition to heaven on our behalf. And in honor of your presence here today we’d like to name you Chaplain of the Day for your spiritual guidance (unintelligible). Thank you. (APPLAUSE) Mr. Mayor: Thank you, sir. Madam Clerk, as I understand our Championship Team is not going to be here until three. If we could go on to the Delegations Mr. Mayor: Okay, as she is not yet here, let’s go to “C” and hope she gets here while “C’s” going on. The Clerk: DELEGATIONS C. Mr. Roger Duke on behalf of Brenda Durant, Executive Director Greater Augusta Arts Council. RE: Introduction of the new James Brown Camera. Mr. Mayor: And, Roger, if you could keep it to five minutes, please, sir. Mr. Duke: No problem. Mr. Mayor, Mayor Pro Tem, Commissioners thank you very much for allowing me to speak today. My name is Roger Duke and I’m here on behalf of Brenda Durant, the Executive Director of the Greater Augusta Arts Council. And as the project manager for this project what I’d like to do is give you the status on the James Brown statue camera. Late last year the Arts Council received a grant from the Georgia Department of Tourism to install a camera system down at the James Brown statue. The purpose of this system was very straightforward. It’s simply to make people more aware of every thing that’s going on in this great city of Augusta so that visitors will return to Augusta or even to the community if 1 they visit the Greater Augusta website, council website will also find something to do and come back and do more in the city. The system is designed so individuals will have to go the Arts Council website in order to retrieve their photos. At the website which already includes a calendar of a number of events going on in Augusta we’re going to add links to other Augusta websites to provide additional information for the visitors to find out what’s going on. The camera system is somewhat unique in that it works by simply dialing a cell phone number, excuse me dialing a phone number with your cell phone at the camera and the phone number when it’s answered will automatically activate the camera. A light will come on at the camera so that the person getting the picture taken will know their picture’s being taken. Then the file is automatically sent by email to the Augusta Chronicle’s “Spotted” website where the Augusta Chronicle set up a gallery for photos for just pictures at the James Brown statue. In order to retrieve your photos you have to go to the Greater Augusta Arts Council website and by doing that the visitors will then look and see what’s going on in the area at the website, maybe look at some of the links to the Convention Visitors Bureau or the City and entice them to come back to a future event. The camera system is installed and we’re currently in the testing phase. Our plan rd is to have it operational by May the 3, which will be the James Brown Birthday Celebration here in Augusta. I’d like to thank some of the companies and organizations that worked with us to make this happen. First of all there’s a local chapter called the Project Management Institute. And it’s a collection of over 145 project managers and they, of which I’m a member, and they develop the community outreach initiative where they will offer their project management services to any non-profit that needs it for a particular project. They took on this project and we completed the project in less than four months and under the Arts Council budget. A local contractor called CSRA Security Solutions donated all their labor to install the project and they actually came up with the concept. The Chronicle donated their labor to set up the gallery for us and they’ll be maintaining the gallery for us at no cost. Red Wolf Marketing donated their time for modifying the Arts Council’s website and the City provided the dedicated power circuit to the camera and also the signage. So thank you very much. Are there any questions? Mr. Mayor: Ms. Beard. Ms. Beard: Is there a cost? Mr. Duke: No, there is no cost. It’s absolutely free. As a matter of fact if you wanted a picture of the statue right now with nobody there you just dial the number and it’ll take the picture and send it to the website. Ms. Beard: Okay and approximately how much time will be needed to get the picture, to receive the picture? Mr. Duke: Right now the Chronicle’s estimating it should be posted to the website in less than ten minutes from the time it’s taken. Ms. Beard: Well, I think that’s wonderful. Mr. Duke: Thank you. 2 Ms. Beard: It’s going to be --- Mr. Mayor: Absolutely. Ms. Beard: --- a tremendous addition. Mr. Duke: Thank you very much. Mr. Mayor: Thank you, Roger. Okay, Madam Clerk, I see that Ms. Howington has arrived so if we could go back to “B”. The Clerk: DELEGATIONS B. Ms. Jane Howington, President, Augusta Library Board of Trustees. RE: Funding for the new headquarters library construction. Ms. Howington: Thank you very much. Mr. Mayor: And if you could keep it to five minutes. Ms. Howington: Oh, I can do it. Greetings to all of you elected officials. I’m so glad to be here. I see that we have Mr. Mason is new, we have Mr. Jackson is new so I might take one little second to tell you who I am and how this works. The Augusta Regional Library has a board composed of twelve members, ten of whom are appointed by each of you as a delegation, as a person on the board and then we have two from the State. That gives us a total of twelve members. So that’s how we derive our precision. It is my privilege to be President of this group to be involved because I like you am in love with Augusta, Georgia. We are here because we care about our community. We’re on the threshold of a wonderful time period. You all are so involved with so many building projects. The new library is one of many. And interestingly enough, Lady and Gentlemen, I’m not here to ask for money. This is one of the few times. I’m here to ask you not to spend money. The library is going to be completed at a cost of $24 million dollars. We want it done right you want it done right. There are many projects being built under your auspices. The list of all the things you’re involved in you are so gracious. As a Commission you hired the Heery Group as construction project manager. As the library’s portion Heery is under contract for $848,405.00. So far they have been paid $344,000.00, over $344,000.00 and we haven’t even started the construction. Originally we would owe them a half a million dollars more. Now the reason I’m here today is because they’re asking for yet another $450,000.00 to complete the project. This would mean that we would be paying the Heery Company $1.300 million dollars for them to oversee the project. Help me understand the strategy here. Under your leadership we built the Diamond Lakes Library Recreational Complex. It was completed at a cost of $6.8 million dollars and there was no project manager. I am also on the East Central Georgia Library Board. We completed new libraries in both Burke County and Columbia County with no project managers and no problems. I certainly understand that you want to do the very best job possible. You do not want any sloppy work done therefore 3 you have hired project managers. But and additional $450,000.00? Let me backtrack just one minute. Keep up with my time, Mayor Deke. Mr. Mayor: A minute and forty seconds. Ms. Howington: To go? Okay. In the past we have worked with our architects and they say if there is no project manager for the rest of the time to complete the building it will not interrupt progress. They will be able to oversee it. We have hired an architectural firm that has built libraries in Charleston, Greenville and Anderson, South Carolina. They are capable people. Now I certainly understand that you want to do the best job. We already have a $3 million short fall for the budget. The library board in order to meet this challenge has formed a foundation board composed of local citizens one of whom is your own Mrs. Beard. They have agreed to the challenge of raising the $3 million short fall. Now are we going to ask them to raise yet another $450,000.00? And this will be for management fees. My suggestion is that you hold to the original contract of $848,405.00 or at least send this to the Engineering Services Committee to investigate the issue. Don’t spend any more taxpayer money. Did you ever think you’d hear that from me? I ask you as a concerned citizen of Augusta, President of the Library Board do not grant these additional fees. Thank you for giving this consideration necessary for the library, which has over 70,000 library card members. Mr. Mayor: Okay. Time is up. Ms. Howington: I’m looking forward to a future with you. Mr. Mayor: Okay. Ms. Howington: Thank you very much. Mr. Mayor: Are there any questions? Ms. Howington: Do I get time for questions? Mr. Mayor: Now I was just waiting to see if any Commissioners had any questions but apparently not. Thank you, ma’am. Madam Clerk, if we could move on to the consent agenda. The Clerk: Our consent agenda consists of items 1-14, items 1-14. If there are any objectors to the following Planning Petitions would you please signify your objection by raising your hand when the petition is read. Item 1. Is a concurrence to approve a petition requesting a Special Exception to establish a Family Personal Care Home affecting property located at 1833 Fenwick Street. Item 2. For concurrence to approve a petition requesting a Special Exception to expand an existing church affecting property located at 4005 Jimmie Dyess Parkway. Item 3. Is requesting a Special Exception to establish a Family Day Care Home affecting property located at 3321 Cockatoo Road. 4 Item 4. Is a request for a change of zoning from a Zone A (Agriculture) to a Zone R-3C (Multiple-family Residential) to establish a Congregate Personal Care home affecting property located at 1840 and 1842 Phinizy Road. Item 5. Is a change of zoning from a Zone R-2 (Two-family Residential) to a Zone P-1 (Professional) affecting property located at 1616 and 1618 Martin Luther King Blvd. Item 8. With conditions requesting a Special Exception to establish an Adult Day Care Center located at 3497 Wheeler Road. Item 9. Is for a Special Exception for a B-1 (Neighborhood Business) to establish a convenience store affecting property located at 1210 Twiggs Street. The Clerk: Are there any objectors to those Planning Petitions? Mr. Russell: Madam Chairman, there are objectors to Item 3. The Clerk: Item 3? Mr. Brigham: There’s another one too. There’s an objection to the one on Phinizy Road I believe. The Clerk: Item 4 for the Zone A (Agriculture) affecting property at 1840 Phinizy Road. Are there objectors to that petition? So the only objectors we have are the ones for the Special Exception Family Day Care Home at 3321 Cockatoo Road. Okay that’s it. Our consent agenda items 1-14. Mr. Mayor: Okay, do we have any additions to the consent agenda? And remember it is tax day and we’d like to get everybody out of here quickly. Come on now y’all give me something to consent. Mr. Grantham: Mr. Mayor. Mr. Mayor: Commissioner Grantham. Mr. Grantham: I think we could consent agenda item number 22 and 23. The Clerk: Twenty-two and 23 you’re recommending? Mr. Grantham: Yes. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, I don’t have any problems consenting item 19 and 20 under Public Services. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Items 26, 27 and 28. 5 Mr. Mason: Mr. Mayor, I need some discussion on 28. Ms. Beard: Mr. Mayor, I need some discussion on 20. The Clerk: Your item, Ms. Beard, was --- Mr. Mayor: Hers was 20. The Clerk: Okay, that wasn’t added to, oh yes it was. Okay. Mr. Mayor: Any further additions to the consent agenda? Mr. Grantham: Did anyone mention 26, Mr. Mayor? The Clerk: Uh, yes. Mr. Grantham: They did? Okay. Just need to look at my screen. Mr. Mayor: Mr. Mason, what was the one you needed clarification on? Mr. Mason: Twenty-eight. I need some discussion on 28. Mr. Mayor: Okay, we have 19, 22, 23, 26 and 27. Are there any further additions? Commissioner Mason. Mr. Mason: Mr. Mayor, I don’t see any issues with item number 25. Mr. Bowles: Mr. Mayor, I need discussion on that one, please. Mr. Mayor: Okay. Any further additions to the consent agenda? Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: I don’t have any problem seeing item number 35, 36, 37, 38 to be added to the consent. I don’t think we should have a problem with item number 34 either as long as the ordinance, I mean that things have been properly accounted to the Clerk’s office on 34. Mr. Mayor: Okay, do we have any further items to be added? Commissioner Jackson. Mr. Jackson: Number 2 on the additions to the agenda. The Clerk: We need to --- 6 Mr. Mayor: Yeah we go to go to the. Okay, any further additions? Items to be pulled for discussion. Mr. Grantham: Number three and I know that was, we had opposition but I want to let it be known. Mr. Brigham: Number three was what I was concerned about. Mr. Mayor: Okay, any further items to be pulled for discussion? Mr. Johnson: Yes, Mr. Mayor. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Number 16. Mr. Mason: That’s already on the regular. Mr. Grantham: That’s already on the regular. The Clerk: It’s already on. Mr. Johnson: Okay, I got that. Mr. Grantham: Mr. Mayor, I have a question on --- Mr. Mayor: Commissioner Grantham. Mr. Grantham: --- item number 8. If they could tell me what that Special Exception is that would allow that day care center to go there I won’t need to have further discussion. Mr. Mayor: Okay, Mr. Patty. Mr. Patty: That is an unusual property. It used to be a dance studio I think you might be familiar with it. About half of that property is actually zoned commercial behind the Triple A business and it’s got significant frontage on Wheeler Road. The building has a big addition, the house has a big addition on to it and in addition to that the road in there is actually a private road. It’s a private road. It serves four residences back here. And the long term owner and resident of that property wanted to sell it and he has sold it somewhat and wants to operate an adult day care facility and we tabled it the first time and went out and looked at it looked at the parking lay out looked at the circulation pattern, looked at the building. Nobody from the area objected and I think when we put all that together with the additions that you see in front of you here that we recommend approval. Mr. Grantham: Mr. Mayor, on of my questions in regards to this is I am familiar with that piece of property and I would like to ask a question of our public utilities department as well 7 is that on our sewer system or is that a septic tank facility because if we’re looking at this type of facility to be put there and their still on septic tank then I’m going to have some concern in that. Mr. Mayor: Drew. Mr. Goins: There is sewer in that area but however I do not know if this particular house is on septic tank. Mr. Grantham: I think that when we, Mr. Mayor, when we’re involved in a facility such as this and not knowing how many people are going to be living in that location then I’m concerned about whether we have sewer hookup or whether we’re using septic tank in that area for that purpose. And to me that should raise a question and maybe something in the future that we should have involved in our application. Mr. Patty: Commissioner, I can tell you that that’s something that we look at. It is not addressed in the staff report, the written staff report which I, yeah, here it is. Public water and sewer lines are available. Mr. Grantham: The people behind there are trying to get sewer line hookups. Mr. Patty: I mean I live up in that area --- Mr. Grantham: I know. Mr. Patty: --- and I can tell you some of it isn’t. Mr. Mayor: Are you okay with it now? Mr. Grantham: I’m fine. Thank you, Mr. Mayor. Mr. Mayor: Okay. I know we have some additions to the agenda as well. Do we have, Madam Clerk, could you read through those for us please? The Clerk: Yes, sir, our addendum agenda. Item 1. Is for a new ownership request for a retail beer and wine license to be used in connection with Skinner Mill Amoco located at 3299 Skinner Mill Road. This was requested by the License and Inspections Department. Item 2. Is to approve the appointment of Mr. Lowell Dorn to the Augusta Aviation Commission at Bush Field representing District 6. Item 3. Is a request for purchase of tickets for the National Day of Prayer Community Breakfast. And the reason being that is being placed on is because the event is scheduled for stth May 1 and our next meeting will be May 6. Mr. Mayor: Okay, do we have unanimous consent to add these agenda items? 8 Mr. Brigham: Mr. Mayor, I’d like to know why --- Mr. Mayor: Commissioner Brigham. Mr. Brigham: --- I’d like to know why we’re going through this accelerated path to add this ownership application for the Skinner Mill Road site. If I can have a reasonable explanation it may go. If not it may go through the normal channel. Mr. Mayor: Okay but you have to define reasonable first. Mr. Sherman. Mr. Sherman: It was late getting to the agenda. It was, I didn’t sign off on it in time. We had it in plenty of time to meet your regular schedule but it was logged in but I didn’t sign off on it. Mr. Mayor: Is that reasonable? Mr. Brigham: I’m thinking. I’ll accept your explanation but I would prefer not to see applications done this way in the future. Mr. Mayor: Okay. Mr. Sherman: It does meet the requirements. Mr. Brigham: I figured it did otherwise it wouldn’t be here. Mr. Mayor: Okay. Okay we have unanimous consent to add those agenda items? Mr. Grantham: So moved. Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Okay I believe there was one of those additions that somebody wanted to consent. The Clerk: Item 2, Mr. Jackson. Mr. Mayor: Mr. Jackson you wanted to consent item 2? Okay. Mr. Jackson: Yes, sir. Mr. Mayor: Okay. 9 The Clerk: Mr. Grantham, you wanted to consent item 3? Mr. Grantham: I’d consent them all. Mr. Mayor: Okay. Mr. Grantham: If you want to get out of here in a hurry. Mr. Mayor: Okay. Is everybody good with consenting --- The Clerk: On the alcohol petition I need to read that. Is the petitioner here? Are they here? Okay. Are there any objectors to the alcohol petition that is being added to our consent agenda? The Skinner Mill Amoco located at 3239 Skinner Mill Road. Are there any objectors to the alcohol petition? Okay no objectors. We can add. Mr. Mayor: Okay, could you put back up the consent agenda? Okay, if I could get a motion to approve the consent agenda? Mr. Holland: So moved. Mr. Smith: Second. CONSENT AGENDA PLANNING 1. Z-08-29 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Randy P. Walden requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance affecting property containing .16 acres and is known under the present numbering system as 1833 Fenwick Street. (Tax Map 035-4-138-00-0) DISTRICT 1 2. Z-08-30 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by James Mantooth, on behalf of Belair Baptist Church, requesting a Special Exception to expand an existing church per Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately .52 acres and is known under the present numbering system as 4005 Jimmie Dyess Parkway. (Tax Map 066-0-055-00-0) DISTRICT 3 4. Z-08-33 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Elmira Roulhac requesting a change of zoning from Zone A (Agriculture) to Zone R-3C (Multiple-family Residential) to establish a Congregate Personal Care Home affecting property containing 1.2 acres and is known under the present numbering system as 1840 and 1842 Phinizy Road. (Tax Map 144-0-015-00-0 and 144-0-016-00-0) DISTRICT 6 5. Z-08-34 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Willie Walker, on behalf of Willie Walker and the estate of Maurice Steinberg, requesting a change of zoning from Zone R-2 (Two-family Residential) to Zone P-1 (Professional) affecting property containing .13 acres and in 10 known under the present numbering system as 1616 & 1618 Martin Luther King Jr. Blvd. (Tax Map 059-3-411-00-0 & 059-3-412-00-0) DISTRICT 2 6. FINAL PLAT - GRANDWOOD – S-714-I – A request for concurrence with the Augusta-Richmond County Planning Commission to approve petition by Southern Land Surveyors, on behalf of Randy Gilbert requesting final plat approval for Grandwood Subdivision. This residential subdivision is located on Milledgeville Road, west of Barton Chapel Road and containing 47 lots. 7. FINAL PLAT – NEWTOWNE SUBDIVISION – S-713 – 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 Newtowne Subdivision. This residential subdivision is located on Boy Scout Road and contains 25 lots. 8. Z-08-20 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the following conditions 1) parking on Wheeler Road side to be improved to provide 5 marked parking spaces 2) no severe dementia cases shall be allowed and 3) hours of operation shall be limited to 6:00 P.M.; a petition by Eugene Bruker requesting a Special Exception to establish an Adult Day Care Center per Section 26-1 (e) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .83 acres and known under the present numbering system as 3497 Wheeler Road. (Tax Map 023 Parcel 041) DISTRICT 7 9. Z-08-28 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Charter South Inc., on behalf of James Riles, requesting a Special Exception in a B-1 (Neighborhood Business) Zone to establish a convenience store (Gas/food mart) per Section 21-2 (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .84 acres and is known under the present numbering system as 1210 Twiggs Street. (Tax Map 060-1-087- 00-0) DISTRICT 1 10. SPA-05 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to the Ordinance regulating Site Plans in Augusta, Georgia, is amended by adding the following at Article III, Section 302, at Subsection F- Sidewalks. PUBLIC SERVICES 11. Motion to approve an Ordinance to amend the Augusta Richmond County Code Article Three Chapter One relating to curfew for minors so as to establish regulation for teen social clubs; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by Commission April 1, 2008 – second reading) PETITIONS AND COMMUNICATIONS 12. Motion to approve the minutes of the regular meeting of the Commission held on April 1, 2008. APPOINTMENTS 13. Motion to approve the appointment of Ms. Kay Roland to the General Aviation Commission representing District 2. 11 14. Motion to approve the appointments of Mr. Willie J. Gardon, General Aviation Commission, Mr. James McCormick, Small Business Citizens Advisory Council and Gwendolyn Watts, ARC Human Relations Commission representing District 4. PUBLIC SERVICES 19. Approve request to approve the contract between Augusta Regional Airport and Republic Parking for Parking Management Services. ADMINISTRATIVE SERVICES 22. Authorize acceptance of Grant Agreements between the City and the U.S. Department of Housing & Urban Development for receipt of Year 2008 CDBG, HOME, ADDI, ESG and HOPWA Funds. 23. Consider for approval the reprogramming of $135,102.52 in Community Development Block Grant (CDBG) Funds and $9,475 in Emergency Shelter Grant (ESG) Funds. FINANCE 26. Motion to approve/ratify the 2008 Budget Funding Agreements between Augusta, GA and DFCS, Lucy Laney Museum, Child Enrichment, CSRA Regional Development Center, ARC Library, Miracle Making Ministries, Inc., Safe Homes of Augusta and ARC Land Bank Authority. 27. Motion to adopt resolution authorizing acceptance of the Recreational Trails Program grant award for Butler Creek Nature Corridor via the Southeastern Land Trust with local match in the amount of $56,200.00. PETITIONS AND COMMUNICATIONS 34. Motion to approve a 2008 Georgia Department of Community Affairs pass-through grant award to E3 Foundation in the amount of $20,000. ATTORNEY 35. Motion to authorize condemnation of a portion of twelve properties owned by Pioneers, Inc. for the purpose of acquiring various permanent and temporary construction easements necessary for the project as listed in the attached summary. (Belair Hills S/D Project No. 324-04-203824335) 36. Motion to authorize condemnation of a portion of a property owned by Alin Mar Investments; previously owned by Pioneer, Inc. 0 square feet of permanent easement and 373 square feet of temporary construction easement, PIN: 051-0-228-00-0, property address: 3959 Barrett Street. 37. Motion to authorize condemnation of a portion of a property owned by J. Lovett Homes and Construction, LLC; previously owned by Pioneer, Inc. 2312 square feet of permanent easement and 2528 square feet of temporary construction easement, PIN: 051-0-075-00-0, property address: 1714 Orange Avenue. 38. Motion to authorize condemnation of a portion of a property owned by Charlie and Sarah Jones: 3,250 square feet of permanent construction easement and 3,030 square feet of temporary construction easement, PIN: 139-0-376-00-0 property address: 3012 Yellowwood Court. 12 ADDENDUM 39. New ownership Application: A.N. 08-18: A request by Suk Gallaher for a retail package Beer & Wine license to be used in connection with Skinner Mill Amoco located at 3299 Skinner Mill Rod. DISTRICT 7. Super District 10. 41. Motion to approve the appointment of Mr. Lowell Dorn to the Augusta Aviation Commission at Bush Field representing District 6. 42. Consider a request from Miracle Making Ministries, Inc. regarding city sponsorship through the purchase of tickets for the National Day of Prayer Community Breakfast. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Hatney abstains. Motion carries 9-1. [Item 39] Motion carries 10-0 [Items 1-2, 4-14, 19, 22-23, 26-27, 34-38] Mr. Mayor: Okay, let’s get on to the regular agenda. The Clerk: Do you want to go to the pulled items, the Planning items? Mr. Mayor: Oh, excuse me. Let’s go to the pulled items first. The Clerk: PLANNING 3. Z-08-31 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Tikiea Troy 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 .44 acres and is known under the present numbering system as 3321 Cockatoo Road. (Tax Map 010-0-099- 00-0)DISTRICT 7 Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. And again I raise the question of Special Exception where we’re looking at a family day care home. I know we have certain requirements within our ordinance to abide by as far as the number of people that will be using that facility. So if we can get answers to the Special Exception and then I’d like hear from the objectors from the neighborhood that is present here today also. Mr. Mayor: Okay. Mr. Patty. Mr. Patty: This is a typical home in Ravenwood Subdivision. The applicant wants to have a family day care home, which is essentially a baby-sitting service. Wants to keep up to six children in the home and she’s got three in addition to that. And there was a little bit of 13 confusion initially because of the fact that she’ll, I get her to explain this but bottom line she’s going to have six kids in addition to her own three. It’s got a fenced back yard, securely fenced back yard. It’s got to meet the standards of the Human Resources as far space, a play area, that sort of thing which really is outside of our control but in order to get the license she needs she would have to do that. From a space and that’s within standards there’s no reason to deny it. Mr. Grantham: Has that been completed? Mr. Mayor? Mr. Mayor: Go ahead, Mr. Grantham. Mr. Grantham: Yeah, have those requirements been met? Mr. Patty: Those things run concurrently and she’s got to meet both of them. She’s got to meet ours and theirs. I mean she doesn’t get the license from them having the correct space and health facilities and that sort of thing and their not going to approve it. So they run concurrently. Our role is to look at how it fits into the neighborhood and whether or not it’s got the, whether or not it’s in a safe area, incidents of crime that sort of thing. Whether or not there’s an environmental reason it shouldn’t be allowed. Anything unusual about the cliental. Anything like that. Mr. Mayor: Okay, and we do have an objector here. If we could hear from the objector. Yes, sir. Mr. Brigham: Can we hear from the applicant also? Mr. Mayor: We’ll hear from the applicant as well if the applicant is here. Mr. Speaker: My name Dave Bolyard. I live on Ravenwood Drive in the Ravenwood Subdivision. And I’d like to read a brief statement. Lady and Gentlemen, thank you for this opportunity to speak in opposition to this Special Exception. The zoning at 3321 Cockatoo Road in the Ravenwood Subdivision. As a neighborhood we have opposed any business legal or illegal within Ravenwood. Ours is a residential subdivision, nothing else. Recently with the help of Commissioner Grantham, Code Enforcement and the Marshall’s Department we had an illegal auto shop, repair shop stopped. Again we want our neighborhood to remain residential. We would like more time in order to present a petition of opposition to this day care center. We were initially told there would only be four children involved. One of hers and three customer children. After the Zoning Commission meeting I got an email from the Zoning Commission stating in fact there would be nine children involved. This is rapidly becoming a good sized business. I emphasize we purchased homes in a residential neighborhood and we’d like to keep them that way. Mr. Mayor: Okay. Thank you, sir. Is the petitioner here? Could you state your name and address for the record please, ma’am? Ms. Speaker: Hello, my name is Tikiea Troy and my address is 3321 Cockatoo Road. My three, I have three children of my own and my three children will be in school. Other than 14 the time when they get out there will be nine but the hours that the day care will be run the children, my children will be at school. So there will be a total of six children. Mr. Mayor: Okay, thank you, ma’am. Commissioner Bowles. Mr. Bowles: My question is for Mr. Patty but based on the circumstances I see no legal reason we can deny this request. Mr. Mayor: Don’t rush up too quickly, Mr. Patty. Mr. Patty: We’ve got some um, some um, objective criteria. We’ve also got a subjective clause in the ordinance, which I’ll read to you. That’s give you some ability to deny these things. What is says is, plan illustrating compliance with the requirements shall be submitted blah, blah, blah. The Planning Commission shall determine that all the foregoing requirements be satisfied. And further that the benefits of the proposed family day care home are greater than the possible depreciating affects and damages to neighboring property. So you do have some subjective criteria there if you want to open that matter. Mr. Mayor: Commissioner Brigham. Mr. Brigham: I need to ask the applicant a couple questions. Mr. Mayor: Ma’am, if you could come back up. Mr. Brigham: Did you say that you were going to operate this in a time that where your children is in school. So what are going to be your hours of operation? Ms. Troy: The hours would be from 6:30 to 5:30 Monday through Friday. Mr. Brigham: So your kids would be there in the afternoon or prior to school I’m assuming. Ms. Troy: Of course my children would come home after school hours and then there would be possibility a time where it would lapse and there would be my children as well as the day care children. But as far as keeping and remaining the neighborhood as a residential there will be no more trafficking then there normally is as far as pick up and drop off. Mr. Brigham: Is your cliental going to be neighbors in the neighborhood, or in the community. In that subdivision? Ms. Troy: As of right now I don’t have any clients that are living in the neighborhood. As I stated they’re going to drop their children off and then they’re going to leave. It’s not going to be you know compromising --- Mr. Brigham: I was curious as to whether or not you were baby-sitting for your neighbors or not. 15 Ms. Troy: Oh no. I mean it’s a possibility but as of now I don’t. I don’t have any neighbors. Mr. Brigham: And the hours of operation are going to be 6:30 in the morning to 5:30 in the afternoon. Ms. Troy: That’s correct. Mr. Brigham: Okay. Mr. Mayor: Okay. Mr. Holland: Mr. Mayor? Mr. Mayor: Commissioner Holland. Mr. Holland: What would the age of the kids be? Ms. Troy: The ages are six-weeks to pre-K age. Before they go to school. So about 3-4 years old would be the highest. Mr. Holland: So there’s no reason for them to create any problems in the neighborhood during that time of the day is there? Ms. Troy: Absolutely not. They’re small children. There area plenty I’m sure of people that live in the neighborhood that have small children of that age and they don’t cause any more problems than any other resident in the neighborhood. Mr. Holland: Thank you, ma’am. Ms. Troy: Thank you. Mr. Grantham: Mr. Mayor, let me --- Mr. Mayor: Okay. Commissioner Grantham. Mr. Grantham: Thank you. Do we know of any other day care centers that are in that particular neighborhood or close by the Ravenwood? Mr. Mayor: Mr. Patty. Mr. Patty: There is some protection in this ordinance. That is that there is a 1200-foot expansion requirement between any of these types uses that are allowed by Special Exception. So the first thing we do is check and no licenses came up. Now you know there are a lot of these things that aren’t licensed and they’re hard to track down but there are no licenses that came up 16 within 1200-feet. I did want you to know there is some protection so that no neighborhood can become saturated with these things because of the expansion rule. Ms. Beard: Mr. Mayor? Mr. Mayor: Ms. Beard. Ms. Beard: I’m wondering if the neighborhood has any type covenant at this point. Mr. Mayor: Mr. Patty. Mr. Speaker: Not to my knowledge. Mr. Mayor: Sir, let me recognize you first, please. But please if you want to answer that question. Mr. Speaker: (INAUDIBLE) Mr. Mayor: Okay, can I get a motion on this either way? Mr. Mason: Move to approve. Mr. Holland: Second. Mr. Mayor: We have a motion and second. Commissioner Johnson, did you want to speak? Mr. Johnson: Yes, thank you, Mr. Mayor. I just want to state that we really don’t have any valid reason to deny this. I don’t see it being a problem at this point and I think we should move forward and let them go through with 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. Mr. Brigham and Mr. Grantham vote No. Motion carries 8-2. Mr. Mayor: Okay, Madam Clerk, I’d like to take agenda item number 17 next. I’ve been requested to bump that one up. The Clerk: PLANNING 17. Z-08-27 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the conditions listed below a petition by Jack N. Coley, on behalf of Curtis Baptist Foundation, requesting a modification of conditions resulting from 17 change of zoning in 2006 (Z-06-30) to Zone B-2 (General Business) with conditions affecting property containing approximately 11.4 acres and known under the present numbering system as 1128 Marks Church Road (Tax Map 031 Parcel 004-01) DISTRICT 3. Use of property shall be limited to uses permitted under the present zoning (B-1; with ? conditions) or the following uses permitted in the B-2 (General Business) zone: Hotel Golf driving range Boat dealership Funeral home New car dealership with incidental functions; parts sales, service, repair and used car sales Mini-warehouses A 50 foot undisturbed natural buffer adjoining Kingston Subdivision with an 8 foot fence or wall constructed of masonry, solid board or chain link (with flats) on the inner side of the buffer; No access to Dominica Drive; The maximum height of any sign on the property shall be 50 feet; Developer to pay for any improvements within the right of way deemed necessary to ? accommodate development that are not part of the GADOT project; and Illumination: All building wall lighting on walls facing Kingston Subdivision shall be directed down the ? building, not outward; All freestanding lighting located within 100 feet of Kingston Subdivision shall be full cutoff lighting that does not shine onto Kingston properties. There ? shall be no more than 5 freestanding lights within 100 feet of Kingston Subdivision; All other lighting shall be directed away from the area within 100 feet from Kingston Subdivision. 7. The maximum height of any structure shall be 55 feet. Mr. Mayor: Mr. Patty. Mr. Patty: This is an 11-acre tract that has a long history going back to 1980 is when it was rezoned. First from residential to commercial then back to a residential classification. In 2006 I believe it was, yeah 2006 we rezoned it to B-1 for an unspecified purpose. And at the time the plans for the improvements to Bobby Jones Expressway had just been unveiled and there was some uncertainty about whether or not the ramp that’s going to come down to Marks Church Road. Currently Marks Church Road and the north bound off ramp off the north bound Bobby Jones come out there parallel to each other, Wheeler Road you’ve got a massive traffic problem. It’s being corrected by running the ramp in to Marks Church Road directly in front of this location. All of that was up in the air at the time and now we know that in fact what that configurations going to be and this property while the signalization and the ramps are going to come in right in front of it, it’s not actually going to have direct access because of the interstate standards requiring the no access easements and medians and that sort of thing. So all the ingress/egresses of this property will be right in right out. And I say that to tell you when this came up in, it came up again in 2006 and at that time we had an individual who wanted to move a car dealership over there so we zoned it B-2 with conditions. And if you just give me a minute I’ll read these conditions. I think it’s going to be important later for you to understand this. The property is currently zoned B-2 with the following conditions. The use of the property would be limited to uses permitted under present zoning which at the time was B-1 with conditions or the following uses permitted in B-2 zone. That was a golf driving range, a boat dealership, Funeral home, new car dealership, mini warehouse and that was to give the applicant at the time in April 2006 the ability to move a car dealership over there which we deemed to be something that wouldn’t be to offensive to the neighborhood but still maintain a B-1 zoning. In addition to that we had a required 50-foot natural buffer along Kingston Subdivision with an 8-foot fence or wall constructed of masonry, solid board or chain link fencing. No access to Dominica Drive, which is, I failed to mention this property backs up to Kingston. It actually touches I think it’s 7 lots in 18 Kingston and there’s a cul-de-sac at Dominica court that dead ends into the back of this property. And the condition was no access to Dominica Drive. The maximum height of any sign would be 55 feet and the developer was going to pay for any improvements, road improvements that weren’t part of the DOT project, which is now moved because we know that the DOT project is set and we know what the improvements are going to be. And we also had some conditions to limit the illumination. And the property was zoned and the applicant at the time backed out and the property sat there from April ’06 until present when another application came forward for the purpose of building a hotel on the property. The B-1 based zoning would allow a motel but a motel can’t exceed two stories. Anything taller than that is a hotel. A hotel requires B-2 zoning. So what you’re being asked to do today is to simply not change the base zoning but add one word and to change a couple conditions here. And that word would be to add the word hotel to the list of uses that are allowed in B-2. In addition to that the Planning Commission recommended that because the B-2 would also allow apartment dwellings up to six-stories in height, the Planning Commission put an additional condition on it that no construction occur above 55 feet which is the height allowed in B-1. This property is, it’s one of those terrible decisions you eventually have to make in zoning because you’ve got on it an established you know a well maintained subdivision in Kingston and on the other hand cross the line of the other side you’ve got property that’s clearly not a single family residential. Something’s going to happen there, it’s a prime location for a high end apartment complex and some other things and the question you’ve got to answer is whether this hotel is an appropriate use for it. We’ve got a bunch of objectors to it from the subdivision. This was a decision I thought about a long time, I lost some sleep over and it went right up to the meeting and to me the bottom line that seven properties that touch this property you know, considering the conditions with the undisturbed natural buffer and the fence and the restrictions on illumination I believe it was five of the seven folks that back up to it actually signed the statement saying they were in favor of it. It’s a tough decision. All I can tell you is carefully consider it and vote your conscience on it. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: Just a quick question for Mr. Patty. You said under a B-2 zoning it could go up to six stories as an apartment but that’s not one of the B-2 exemptions that we wrote into the last zoning changes. Mr. Patty: No, it’s complicated. But B-1 actually allows the apartment use. B-1 allows a multi-family apartments so if you leave it the way it is it could, you could build apartments up to six stories and you need to add that condition. Mr. Mayor: Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. Do we have, were we asked if we have any objectors to that hotel being built there? Mr. Mayor: We had not yet asked that but about to ask that question if all objectors could raise your hand. Mr. Holland: Or stand and stretch your legs. 19 Mr. Mayor: I think raising their hands or rush the stage. Twenty-four? Okay and is there somebody from the neighborhood who can speak for the neighborhood? Mr. Brigham: Mr. Mayor, while we’re taking a hand count can we see how many people are here in favor of it? Mr. Mayor: Absolutely. Do we have folks that are here for? Mr. Brigham: But I just though we’d ask --- Mr. Mayor: Yep. Mr. Brigham: I think it’s fair when we have --- Mr. Mayor: I think you’re absolutely correct. We try to do it fairly and squarely. Do we have any, not objectors to but any proponents for? Anybody here on the side of? Mr. Russell: Three on this side. Mr. Mayor: Okay. And, sir, if you could state your name and address for the record. Mr. Johnson: My name is Preston Johnson and my address is 3613 Barbados Drive. On behalf of the Kingston Association and also to the Mayor and members of the distinguished group here we appreciate you allowing us to be here and to voice our opinions and our strengths and how we strongly feel about this proposed change. We had a meeting about this at our association meeting before we came here to decide how we want to move on this with what we wanted to do. Overwhelmingly our group said we did not want this in our neighborhood or adjoining our neighborhood. I mean it was clear to us that we wanted to do. So basically what we want to do is tell you about that. The other thing before we get far on that is this. Mr. Mayor: And remember, five minutes. Mr. Johnson: Good, we’ll move fast. Is Mr. Patty said something at our last meeting that we had prior to this meeting and I really appreciated the statement saying it. I want you to really consider this. He said if this were in my neighborhood I wouldn’t want it there. This is Mr. Patty. We had 44 members. We have a short number of members here today. We had 44 that day. They could substantiate what I just said. Mr. Patty, is that correct? Mr. Mayor: Sir, remember you’re --- Mr. Patty: What I said was I feel for them and if I was in their neighborhood I’d probably be up there saying the same thing they’re saying. I probably would. Mr. Johnson: Honest man. Okay let’s move quickly into as far as some of our concerns for the neighborhood. Several of them, the main concerns we have is noise levels. Many of you 20 have been you know going out of town visiting different neighborhoods and different cities and so forth. When you travel you basically, a lot of them will party and so forth. There’s going to be people coming in all different times of night and day, 24/7. What they’re basically going to do is party, have a good time. They’ll make a lot of noise doing that. I’m not going to elaborate to much on that. Just let you know that that’s basically what’s going to happen. Our neighbors backing up to this will hear that very easily. Okay? The building height is another concern of ours. Very, very big concern because as you look at it, you’ll see a picture of it here in a second and I may move faster on that since we’re pressed for time here, is the height of this building compared to where our first two houses are in the neighborhood right there the area is going to be affected very, very severely. And I will just hit that really quick to get to that point. Here’s an example. This is a thirty-five next to a 40-foot pole and it’s five feet in the ground according to the utility company Georgia Power Company, this will be 35 feet high. Okay? There’s a 50- foot point right there as you can see that and then of course you’re asking also that it be 55-feet. There’s some considerations and concerns about that as well as far as the average according to the Planning Commission, I mean the Zoning and Planning as far as the average height per level. And for each floor typically 15-18 feet. So the 15 is 60 feet already. Typically is what they told us basically it can be higher than that but even with that said there’s some other considerations we want to be sure to bring here. This here is going to be 50 feet from that zoning point there as far as where the actual hotel is going to start. But there’s actually 100 feet between there so half of those trees going all the way across, 50 feet are going to be cut down. You can see the visibility already and Mr. Patty’s already substantiated what we feel very strongly is you’ll see that, you will hear that you’ll know it’s there and of course this neighbor on the lest over here has two daughters and they’re concerned about people coming over this fence even though it’s going to be 8 feet tall. And it’s going to be, what was proposed was a chain link fence about 8 feet tall. But we know what happens to chain link fence. But that’s the concern we have. Okay here’s another hotel that’s only three stories high. Some concerns about this particular one, we won’t mention the name, some of the things happening in this neighborhood here where they’re coming over the fence, okay and we’re concerned about that in our neighborhood. This in our opinion was a mistake and I think it and I think it needs to be something. We all make mistakes in life but at this point we don’t want to make another one is our feeling here. Here’s the property that Marks Church Road is one and this is on Marks Church side of the development here and this a 20-foot building. There’s a 50 foot height there. If you reverse that and make it 50 feet on the other side looking over on our property. You can see our concerns there. That’s only at 50 feet. We’re concerned about that. Here’s another thing with the lighting. One concern made about the lighting as well. Mr. Mayor: Five minutes is up sir. And I apologize but if there’s just one or two slides left but we try to be fair and equal to everybody as far as time goes. Commissioner Hatney. Mr. Hatney: I want to ask Mr. Patty another question, please. You said if I’m not mistaken it’s already zoned B-1 now? Mr. Patty: It’s zoned B-2 now with a limit on the B-2 uses. There are only a few B-2 uses that are allowed plus all of the B-1 uses. So it’s B-2 now. 21 Mr. Hatney: Okay but you did say, I think I heard you say that someone wanted to do so could build a housing complex there. Mr. Patty: Yes, that’s correct. Mr. Hatney: And they wouldn’t have to come here. Mr. Patty: That’s correct. Mr. Hatney: How high could it be? Mr. Patty: Right now it could be six stories. Mr. Hatney: Six stories. Mr. Patty: If you approve the zoning. And I’m asking you in addition to adding the word “hotel”, add a phrase that would limit it to 55 feet. But as of right now to answer your question it could be six stories. Mr. Hatney: If we vote this down somebody can come and build a six story housing complex and nobody come here because it’s already zoned. Mr. Patty: Correct. Mr. Hatney: Let me ask this young man a question. I don’t live out there but I hear you and feel you but if there is no control over somebody that could build a six story housing complex as opposed to what a two or three-story hotel. And I feel your pain. I’m going to vote against it but that ain’t going to stop folks from building in your community. That’s what I’m saying because it’s already zoned whereas they can do it. So that’s the concern I have. Mr. Johnson: Yes, and I would think that they would have, you would have some control even thought they don’t have to come here there is still some planning involved in there as far as design plans and so forth and approvals for those as well if I’m correct. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. Mr. Patty, I’d like to ask you now when they came before about I think a month ago they stated that they can build a motel now on their property. Is that correct? Mr. Patty: That’s correct. Mr. Johnson: So regardless they can build a facility that they can rent. Mr. Patty: And that would be limited to two stories. That’s the difference. That’s why they’re here. 22 Mr. Johnson: Okay, thank you. Mr. Mayor: Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. Can we hear from the other side please? Mr. Mayor: That’s what I was about to do. Do we have somebody representing the applicant? Mr. Cheeks: Members of the Commission I’m Donald Cheeks. I represent Curtis Baptist Foundation. I have my other member from Curtis Baptist Foundation with us Jack Coley and I have a person with the developing and proposal. I’m going to try and make this real short. Thanks for the question yes, the property is now zoned from multiple family up to 105-feet tall. That’s current zoning, motel current zoning. The only word we wanted to change when we requested this because we have a client that wants to spend thirty plus million dollars out there to put a Marriott Hotel. In fact they want to have two feet, two separate units. None of them will exceed four floors, neither of them and the total height will be, and I’m not going to say that this in --- but it will not exceed 55 feet but right now it’s 48. And that’s what the engineer said and the gentleman has paid $26,000.00 for engineering so far, the Marriott chain. They paid out over $6,000.00 as of last Friday and he has instructed Engineering to spend up to twenty more for preparations if this is approved. According to Mr. White at the Convention Bureau this hotel will bring into the city and county of Richmond and Augusta in excess of one and a quarter to one and three quarter of a million of new tax dollars every year. Now they can go you know how close this is to Columbia County and this is the second time the Marriott chain has tried to put this hotel in Richmond County. They’re pretty soon going to get a little tired. The biggest thing I have I think is a foot print showing the property owners that abut to the property and five of them signed off on it. They said they liked it. One of them didn’t sign it but said they prefer it. Now one of them was absolutely against it. That’s the people that’s going to be affected. In addition I’d like to point out we have designed a road that will take traffic off of Marks Church Road except for up to the point of the “Y” and coming out after the barrier and I have that design. It’s nowhere going to add any more traffic to the homes because you’re going to have to come out and turn right and go back to Wheeler Road. Now on the property itself we are putting another road up front. I’d like to point out that the fence is a sold fence it says. Not six feet which most of the properties is required to have a fence that is six feet. We have agreed to eight in a masonry, wood or a slatted chain link. Most buffers as was pointed out in the last Zoning meeting by Mr. Patty was 10 feet. We’re giving up more than a fourth of the land to get a 50- foot buffer undisturbed plus this 8-foot fence. That’s a pretty good size buffer when you’re putting that kind of value on a piece of property and you’re giving up 50 feet plus the total length of it. Now I could continue and tell y’all reasons why we should do it. I think I’m talking to intelligent people. I think that we all know we all pay taxes and we all need some help. And as the Mayor has eluded many times today, today is for tax time but I’m not delinquent. I can stay all day. I’ve already got mine off so I can pay all of it. But I just want to plead with y’all. Curtis Church built an 8-million dollar facility downtown open to everyone. Went in debt $8 million dollars. We proposed when we did that to use this property and it’s commercial property to help pay off that debt and this going to do it if y’all approve it. It’s going to basically remove 23 our indebtedness. Now what I’m saying do we want, and we’re going to build something and Curtis has got to sell it. Do we want a motel that’s two stories out there, which we can do now or a multi-family unit. Unless you approve this it will go 105-feet. You asked the height it says six stories but it say 105 feet. I do have one little thing and I hope you can see it and I don’t have the time to make up slides --- Mr. Mayor: Okay. Mr. Cheeks: --- my five minutes it up? Mr. Mayor: Yes, sir, I know you said you could stay all day but you only got five minutes here. Mr. Cheeks: Okay. Motel, that’s the tree buffer. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: Only one question I want to ask. Has there been a coming together of the developers and the community as to whether or not there’s any middle ground? Mr. Cheeks: I asked for a meeting and I had very few to attend. That’s why I went around the neighborhood to ask the neighbors. The ones that are most closely adjacent actually abutting the property one had objections. Mr. Johnson: Dr. Hatney, I can answer that as well. There have been some things that have happened in our neighborhood that raised some pretty strong concerns for us as well as far as that coming together. I’m glad you asked that question. One is and there are people that can substantiate that here, that Mr. Cheek has come into the neighborhood and have gone to peoples doors and saying things. And a matter of fact at one point he was asked to leave and almost had to call the police to get him out of the house. That’s the kind of pressure we’ve received in our neighborhood and we have people here that can substantiate. I’m not just standing up here telling you this. These things have happened, okay? That’s something that makes it difficult for us to believe some things that we’ve heard and to follow some things that have come together. We are a diverse community. We want to do things that show progress in our community but when you have situations like this and other things come against that it’s very difficult. We have one lady that cannot speak very good English. She’s a very nice lady. She’s here today as a matter of fact was pressured as well to sign. This is what I’m talking about. Some of those things took place --- Mr. Mayor: Okay and I think we need to limit it to the scope of the question and I understand that we are not a court of law by any means. Commissioner Holland, then Commissioner Mason. Mr. Holland: Thank you, Mr. Mayor. Mr. Mayor, it just concerns me when we come to these commission meetings and we have our constituency, we have the people from the community to come in here voicing their concerns to us in reference especially in reference to 24 their community. And these people have invested a lot of money in their homes and they’re looking at the future of their homes. So it concerns me that we need to take all of this under consideration. I’m sure there’s some other properties around the Augusta area that this hotel could be built on. So I’m just very much concerned that these people who live in this area, their concerned about their future. What happens with these hotels when they’re built? What happens with these hotels when the people don’t take care of the hotels? So I just believe at this particular time Mr. Mayor, it’s not my district but I know there’s some people in that district that know some people in my district. You know so we need to work together with this and we need to let these people know that we’re concerned. We want to work with them we want to support them and there’s no way I can vote for a hotel going up in that area because I just think in the future this is going to create and cause some problems and I hope the Commission you know will look at it this way too. We’re concerned about our neighborhoods. Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. Just a couple of observations. The bottom line is we have to come to some conclusion, some decision here today. What I’m not hearing though is any type of compromise if you will or a meeting of the minds. Because on the one hand they can go up anyway with something. It could be a lot higher than what you’re even talking about here. On the other hand I certainly understand you’re concern and dilemma of the folks in the neighborhood about having such and establishment so close. But the fact is that’s something can go up whether you’re in agreement with it or not. What I would like to do in order to be able to make a good decision here would be able to perhaps you guys have a meeting of the minds and see if you can’t come up with something because to have to make a decision here today as a commissioner I’m certainly looking out for the constituents of the city. Also I’m charged to do business for the city. So I’ve got on the one hand and issue and I’ve got on the other hand and issue and I’d like to be able to intelligently make a decision based on the fact of you guys coming together and perhaps be able to mend any differences. If in fact that cannot happen, then certainly us, as commissioners up here, would have to make a decision. So I would hope, Mr. Mayor, that perhaps we could revisit this item. I don’t know specifically how that goes, in some kind of way I would like an opportunity for them to get together before we vote on this item as an approval or denial today so that we can do what’s right by the citizens and the city as a whole. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. And I’d like to concur with what Commissioner Mason just said but I think what we need to do also is establish something in a foundation something in the stone that will solidify exactly what is going to take place there. Because from what I’m hearing now, the residents don’t quite trust what is said through the other party. And I’m like the lesser of two evils you either accept this or something else. And it’s just you know could be a lose, lose or win, win situation but I’d like to see the progress go forward however at the same time if you all can reach that agreement, maybe get something in writing that would solidify exactly what is going to take place maybe you can compromise enough to come to a consensus on what’s going to be best for both parties in this situation. So I hope that we can do that and maybe revisit this in the near future to try to see what we can come up with because 25 right now it’s very difficult to make a decision based on what we see on both aspects of this you know this situation here. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. I’d like to ask from the proposers what the delay would do to the possibility of the contract because my dilemma is and the satisfy my constituents when in three months a 105-foot building goes up and there’s nothing we can do. So I mean there’s two sides to every story. Yes we feel for them but it’s you know we put ourselves in this dilemma when the property was rezoned. Mr. Mayor: Mr. Cheeks. Mr. Cheeks: The Marriott is not a fictitious name. We all know it and that’s what’s going there. They would not be spending the money and I don’t understand the mistrust. I didn’t speak to anyone who didn’t speak English when I was getting names. I did see a foreign lady cutting her grass when I spoke to her husband which is a veteran same as I am. And he spoke very well English and the gentleman who wanted to call the police I wanted to call them too --- Mr. Mayor: Let’s keep it to the scope of the question asked please sir. What would it do with regards to? Mr. Cheeks: They will renege. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: This is critical. What I’d like to do is offer a motion in that they get together and come back with some type recommendation from both sides that we can make a . So decision that’s not painful because it’s hard to say no and it’s difficult to say yes at this point my motion will be that we bring this back and give them, bring it back to the next commission meeting with something worked out between the two or you. Mr. Mason: Second. Mr. Johnson: I can address that in the community as far as a professional business office is there. It’s exactly what we want. We can aggressively pursue that. That would be --- Mr. Mayor: But I will tell you --- Mr. Hatney: Excuse me, Mr. Mayor. My motion is though that y’all get together on what because the developers in which the dilemma here that they can put something in your community that’s twice the height we’re talking about without coming here. So that’s why we want to see if you can get together and come up with some type of, some type of agreement between the two parties. Help us help you. That’s what I’m saying because right now I’ve got a problem. 26 Mr. Mayor: You’re putting that in the form of a motion? Mr. Hatney: I’ve already done that. Mr. Mayor: We have a motion and second. And, sir, before we move along I just want to say one thing. I come from a background in real estate and development and neighborhood associations are not commercial realtors and when people say you know we’d like to see this here. It’s a difficult situation for the neighborhood association with regards to marketing property adjacent to them. So I would just say that. Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. Mr. Cheeks. Mr. Cheeks: Yes, sir. Mr. Smith: Do you see it possible for you to get together with this group? Mr. Cheeks: Commissioner Smith, I asked Kevin Mack which is the past president to call a meeting on their behalf and my behalf and we had five people to show up at the meeting. Of the five people all of them agreed it was the best proposal that they thought we could come up with. I want to reiterate the Marriott don’t have to build here and they are ready to go and the gentleman here will tell you this. Now I think the delay is going to cost the taxpayers of this county and you know I’m not here to say that a sleazy motel can’t go out there now. I would pray it didn’t. But Curtis has to sell this property. Mr. Mayor: Okay. Commissioner Grantham. Mr. Grantham: Mr. Mayor, asking Mr. Cheeks, I realize this needs to be done expediently but can you get enough information or even attempt to get this information and get it th back to us by May 6 which is two weeks from now. Do you think that would hinder your --- Mr. Cheeks: I have any information you want. Mr. Grantham: I understand that. Mr. Cheeks: The Marriott is two units and the second highest, I mean you know jumping the fence somebody said 8-foot fence. What person’s going to pay $125.00 a night for a room and jump the fence? Mr. Grantham: I understand that and I’m ready to go ahead and take action on it because I feel like that’s what going to be needed based on the conditions that are being presented to me today the alternative is not good. The alternative is not good based on what is presently zoned there. So being able to rezone this to me is the most advantageous way to go. However if there’s any type of conversation that can be had and it could come back if ya’ll are willing to this in a two-week period of time then I think that’s what basically what this motion said. Otherwise I’m ready to action now, Mr. Mayor. 27 Mr. Cheeks: Would you like --- Mr. Mayor: Please, sir. Mr. Cheeks: Mr. Mayor and Commissioners, we put this off at Planning. It’s been to planning twice. I’ve tried to have meetings I’ve tried everything. When you offer and can’t get together we cannot, Marriott’s going to build a four-story hotel if y’all approve it. That’s what we know. That’s real life as the gentlemen said. We know that. What may go up after today I do not know but I know I am tired of it. Mr. Mayor: Okay. Mr. Cheeks: I mean I’ve been to planning meetings four times now and I’ve been to commission twice. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Mayor, I think I’m going to bring this thing to a little closer ahead. I’m going to make a motion --- Mr. Mayor: Substitute motion? Mr. Brigham: I make a substitute motion we go on and approve the zoning as requested and I’m looking for a second. Mr. Grantham: Second. Mr. Mayor: Okay, we have a motion and a second. Is there any? Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. Mr. Brigham: Also give a chance to address why I made the motion --- Mr. Mayor: Okay, please. Mr. Brigham: --- before we go letting other people discuss it pretty please? Mr. Mayor: Okay, please. Mr. Brigham: Mr. Mayor, I see this as a compromise. I think this is an improved compromise to both the community and the city wins in. I see a potential for revenue for the city I see a potential for a much better and nicer development than you could possibly have. I know I would prefer to live closer to a four-star hotel than I two-star apartment complex. And I think if we don’t do something I think there would be a possibility that there could be development that 28 occurs on this site immediately. I don’t know who Curtis has else in their back pocket that they’re willing to make an offer to and who else is willing to build on this site. But I do see potentials for disaster. If there are other people that would come forward I think the community wins and the buildings are much smaller then has the potential of occurring. And I just think that overall it’s a good compromise to this community. Mr. Mayor: Okay. Thank you, sir. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I can almost agree with what my colleague Mr. Brigham has suggested here. The only that I would like to add to that is that they get together in regards to this is come up with some conclusion that maybe they can both be comfortable with because I don’t want to see a sleazy motel end up in that area where they will jump the fence. I mean that’s the bottom line. You don’t want to get caught in a situation where you lose all together. The bottom line of it is it can happen but if you all can I mean if it goes through with y’all coming together on it and make the best possible resolution to this. Just move forward with it because I mean it’s really a Catch 22. You could lose and wind up with something that’s not going benefit the community at all and I guarantee somebody out there is probably going to look at this and maybe throw a two-story motel on it if they know it’s zoned for it. So we really need to look at this and maybe what’s going to be in the best interest not only for the community but for everybody. Mr. Grantham: Call for the question. Mr. Mayor: The question has been called for. We have a substitute motion and a second. Madam Clerk, it is tax day. Could you read back that substitute motion, please, ma’am? The Clerk: The substitute motion is to approve the change of zoning with conditions as listed in our agenda and recommended by the Planning Commission director. Mr. Mayor: Commissioners will now vote by the substitute sign of voting. Ms. Beard, Mr. Johnson, Mr. Holland and Mr. Mason vote No. Mr. Hatney abstains. Motion fails 5-4-1. Mr. Mayor: Okay, Madam Clerk, we have a primary motion. If you could read that back as well, please. The Clerk: The main motion is for the neighborhood and the petitioner to meet to work out a resolution and report back to the next meeting of the commission, which is scheduled for th May 6. Mr. Mayor: Okay, commissioners will know vote by the usual sign of voting on the main motion. Mr. Grantham and Mr. Brigham vote No. 29 Motion carries 8-2. Mr. Mayor: Okay, thank you. Madam Clerk, let’s move on to the next agenda item the first. Mr. Cheeks: Mr. Mayor, may I prolong the meeting just for a second? Mr. Mayor: Um, Mr. Cheeks --- Mr. Holland: Out of order, Mr. Mayor. Mr. Cheeks: (unintelligible) Mr. Mayor: Oh, okay absolutely. Yes, sir. Mr. Cheeks: (unintelligible) Mr. Mayor: Okay, yes, sir. I would say the meeting needs to be between Mr. Patty, or Planning Director, the head of the neighborhood association and the, your group. Mr. Brigham: Mr. Mayor, I assume Mr. Patty’s going to call that meeting? Mr. Bowles: Ball’s in your court, George. Mr. Mayor: I know the feeling. The Clerk: RECOGNITIONS A. Congratulations! – Augusta State University Men’s Basketball Team on becoming a National Finalist in the 2008 Division II NCAA National Championship March 29, 2008 Springfield, Massachusetts. (Requested by Commissioner Joe Jackson) The Clerk: We have Mr. Preston Elliot Sports Director of Channel 12 who will do our official roll call. Mr. Elliot: Thank you. All right we’ll just get started. And guys I apologize if you’re a little out of order. Just work with us here. We’ll start off with --- The Clerk: Let me read the wording on the plaque and then we’ll get started. The Mayor: I hate to breach the ceremony a little bit but before we brought y’all up here to get the plaques I did want to issue this proclamation. In recognition of Augusta State University Jaguars Basketball Team whereas Augusta State University finished the 2007/2008 season with an overall record of 27/7 with a home record of 14/1 and whereas the Augusta State, and y’all can applaud at any point you want. Whereas the Augusta State University Men’s 30 Basketball Team consists of five returning starters, five letter winners and four newcomers and whereas under the leadership of Head Coach Dip Metres the Jaguars have made Christenberry field house one of the toughest places to play in the Southeast and whereas the student group initiated by Metres known as the “Blue Crew” has rallied around the program providing a big game atmosphere at every home game and whereas the Augusta State University Jaguars made th an incredible run towards 2008 NCAA Division II National Championship and whereas the 10 th rank Jaguars took on Winona State Minnesota for the National Championship on March 29 in Springfield, Massachusetts and I hope everybody was watching them on CBS that day. Whereas the Jaguars failed to win Winona State but in their captivating run the Jaguars recorded one of their most successful season in school history. And now therefore I, Deke Copenhaver, Mayor th of the City of Augusta do hereby proclaim April 15 2008 as Augusta State University Jaguars Basketball Team Day in Augusta, Georgia and urge all citizens to recognize and applaud the extraordinary efforts of this team in pursuing a National Championship. In witness whereof I th here unto set my hand and cause the Seal of Augusta, Georgia to be affixed this 15 Day of April 2008. Congratulations y’all. (APPLAUSE) Mr. Speaker: I appreciate everything. It was a great fun ride. It’s wonderful to be back here in Augusta. Obviously we were in Springfield to represent our university and our city well. We thank you very much and look forward another great year next year. Thank you. (APPLAUSE) The Clerk: Certificate of Recognition. Given to the Augusta State University Jaguar Basketball Team for your outstanding achievement and sportsmanship display for the 2007/2008-basketball season. The City of Augusta recognizes your commitment to athletic excellence and congratulate you on becoming a national finalist in the 2008 Division II National th Championship in Springfield, Massachusetts on March 29, 2008. Given unto my hand this 15 day of April 2008. Deke Copenhaver, Mayor. Mr. Elliot: All right guys as we call your name just come on up. We’ll start of with Sophomore Guard Daniel Dickson. Sophomore Forward, Ben Madden. Junior Guard, Steve Smith. Senior Guard, Demetrius Howard. Senior Guard, Jamie Quarrels. Junior Center, Jason Kaleen. Freshman Guard, Tom Wright. Senior Forward, Itso Alongo. Junior Center, Garrett Syler. Senior Forward, Tarekus A. J. Bowman. Freshman Guard, Caleb Brown. Freshman Guard, Daniel Browning. Senior Forward, Luke Temboe. Freshman Guard, Ty Beal. Sophomore Forward, Howard Brown. Head Coach, Dip Metress, Assistant Coach, Robby McKinley and Lenny Carlson and Athletic Director, Clint Bryant. I’ve been called to say something else more about the team, which fortunately is very simple. We’ve got one more, Brandon Jones. We can’t forget about Brandon Jones. Mr. Mayor: I’d just like to say I’m a graduate of Augusta State, a proud graduate and I’d like to just tell y’all how great it made me feel to sit on that Saturday afternoon and see Augusta all over CBS. Y’all did us proud. We just appreciate it. We appreciate your hard work, the coach’s hard work, the athletic directors hard work. Thank y’all for making Augusta proud. One more round of applause. 31 Mr. Holland: Mr. Mayor, I’d like to add also too that I’m a graduate of Augusta State and coach and I took classes together at Augusta State and never have I seen him so nervous before sitting on the bench. So I know this summer these guys are really going to be working and work on your free throws. Mr. Mayor: Now back to our regularly scheduled show. We have to do Ray Whitfield next haven’t we? Augusta, we’re the sports capital of the world. Golf, basketball, boxing. Um, Madam Clerk I’ve had a request to call agenda item number 25 next please Ma’am. The Clerk: FINANCE 25. Motion to approve a request by retired members of the 49 Pension Plan for a pay increase. (See attached letter) Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, if I may we received that letter last week. It’s on your agenda today. What I’d like to do is have that referred to Finance so I can do a actuarial study to do that. That would be our normal process so I did want to get it in front of you and get permission to do that sir. Mr. Brigham: So moved. Mr. Russell: And I’ve talked Mr. Long and several of the retirees and they’re familiar with my request. Mr. Long: Mr. Russell can we, most of these folks are fairly old and is there any way to put it on a fast track. Mr. Mayor: Okay, hang on Mr. Long. We have a motion. Is there a second? Mr. Bowles: Second. Mr. Mayor: We have a motion and second. We’re fast tracking it. If there’s no further discussion --- Mr. Grantham: I’ve got one, Mr. Mayor --- Mr. Mayor: Commissioner Grantham. Mr. Grantham: --- I think if we do that and we find in favor of the actuary that we st approve it and we should make this request retroactive to April 1. Mr. Mayor: Okay. Okay, we have a motion and a second. If there is no further discussion commissioners will now vote by the usual sign of voting. 32 Motion carries 10-0. Mr. Mayor: Okay, Madam Clerk, back to I guess agenda item 15, which would --- The Clerk: PLANNING 15. RESOLUTION - Request for a road name change of Lincolnton Parkway to Anthony Dejuan Parkway. Mr. Mayor: Commissioner Mason. Mr. Mason: Yes, sir, thank you, Mr. Mayor. I certainly appreciate the opportunity to come before this commission today and this community on behalf of Anthony Dejuan Boatwright and his mother Jacqueline Boatwright. Many of you may have heard the story in reference to the Boatwright family of Anthony Dejuan being found, for lack of a better word, in a bucket of mop water I believe bleach and some other things was in that and has suffered greatly. And his life for all intents and purposes has it would have been is over. But at the same time due to the diligence of his mother who has worked tirelessly over time to get a law put in place called “Juan’s Law” that mandates daycare’s must let you know whether or not they have insurance. In this particular situation this particular daycare did not have insurance and so they were saddled with millions of dollars in medical expenses and so forth. But having said that she can no recoup any of those monies but through her diligence and determination she continued on through the Senate, the House of Representatives and the State of Georgia made this a law called “Juan’s Law” in 2004 if I’m not mistaken, that daycare’s must be able to let you know whether or not they have insurance. Now this will do nothing and can do nothing for her son so it’s an unselfish act to which she should certainly be commended. But it’s what it has done is help millions of others or perhaps prevent them from suffering the same type of fate that her son has suffered. It is currently a state law, it is a law in four different states and it is currently on the Senate seat --- Mr. Mayor: Okay. Mr. Mason: --- in the Senate house to be, yes, sir, Mr. Mayor. Mr. Mayor: You’re two minutes are up on that. Mr. Mayor: Point of personal privilege. Mr. Mayor: Um, actually if you’d like to be recognized again. Mr. Mason: For an additional two minutes. Yes, sir. Mr. Mayor: Mr. Mason. 33 Mr. Mason: And so what we’re doing here, what I’m requesting here today is for this street, Lincolnton Parkway to be renamed in honor of her son Anthony Dejuan Parkway. We have met all the prerequisites that’s been required in Planning and Zoning and I would ask Mr. Patty to verify that as we continue on. We also met the percentage we met all the criteria that was required whether it meant local, state and national attention. And we’ve everything by the book that the rules have called for. So I’m asking for the support of this commission. We have also had the support of the folks out in District 4 and on this particular street in particular who . So motion is that we approve this street namechange have met the criteria for this to happen to Anthony Dejuan Parkway because we have met all the prerequisites that have been required. Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. I too feel very concerned about this family and what they’ve gone through however in most cases to change the name of a street one has to have had some government experience and or something else for the community and is deceased. I feel like that if we do this and I don’t know how I feel about making concern but what’s to say that next month another district don’t come up with something like this to change a name. And we can go on, and on, and on with this. And my recommendation is to bring this back to committee. It’s not gone to committee and to discuss it and then bring it back at the next meeting and if it passes so be it. I have a substitute motion that we do that. Mr. Mayor: To refer it to committee? Mr. Smith: Okay. We have a substitute motion. Is there a second? Okay. Commissioner Hatney. Mr. Hatney: Just in not rebut but response to. My colleague Commissioner Smith has mentioned it kind of troubles me a little bit when we can name city buildings after employees that are still alive and working. That kind of concerns me. Mr. Mayor: Okay, we have a motion and a second. Is there any further discussion? Commissioner Brigham. Mr. Brigham: Mr. Mayor, I’m willing to support it. All I want to do is make sure all the criteria has been met and I’d like to hear Mr. Patty say that also. George I believe at one point we had set in a policy where you had have a public hearing over a road name change. And if that’s not I thought that was the case last time we had a big discussion over a road name change when we did it out on Olive Road if I remember correctly. Mr. Mayor: Mr. Patty. Mr. Patty: Yeah, we had a rush on road name changes back ten or fifteen years ago and we developed a policy which was board adopted. It’s essentially a three-prong test and the first test is would renaming the road cost any additional continuity issues. You think about some of 34 the road names in Augusta roads or streets change names at intersections and we don’t want anymore of that. In this case that wouldn’t be the case. The second test is what is the significance of the current name. Does it relate to any person or place or event or anything of any significance? If so it has to be at least a hundred years since that person or event took place. In this case Lincolnton Parkway is named for Lincolnton I reckon. And third at least 66% of the owners of the street have to sign a petition in favor of it. In this case we prepared a petition with the names and property addresses and Mr. Mason took it door to door, his representatives took it door to door and got it signed. At least 66%. We didn’t, I didn’t look at it to be honest with you. My staff handled it but they told me hardly any, there were very few people that did not sign it. There were people that weren’t home there were renters, things of that nature. Very few of them did not sign it. That’s the test we’ve been using for 10-15 years. Mr. Brigham: Thank you, Mr. Patty. Mr. Mayor: Okay. If we have no further discussion commissioners will now vote by the usual sign. Mr. Holland: Can she read the motion, read it again, please, so I can make sure. The Clerk: Approve the resolution of the road name change. Mr. Holland: Okay. Mr. Grantham and Mr. Smith vote No. Motion carries 8-2. Mr. Mayor: Next agenda item, Madam Clerk. The Clerk: PLANNING 16. Z-08-32 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Alma Johnson, on behalf of Bobby Scarboro Jr., 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 .5 acres and is known under the present numbering system as 2104 Sanders Road. (Tax Map 098-3-213-00-0) DISTRICT 2 Mr. Mayor: Mr. Patty. We’re just running you to death today. Mr. Patty: This is a first residential property off of Peach Orchard Road on Sanders Road. It adjoins commercial property facing Peach Orchard Road. And this house is 2300 square feet. It’s three bedrooms three baths its got a cottage that’s been inhabited recently and the applicant wants to purchase the property and move her existing personal care home from Wrightsboro Road where it’s being displaced by the highway construction to this location. And there are objectors and the Planning Commission recommends you approve. 35 Mr. Mayor: Okay, could we see the hands of the objectors. Six/? Mr. Russell: Six, sir. Mr. Mayor: Okay, and in deference to Commissioner Brigham and his request last time do we have any here in favor here in support of this. Mr. Mayor: Three. Okay. Commissioner Hatney. Mr. Hatney: Mr. Patty, did I hear you say that she wanted to move the present location because it has been displaced by road improvements? Mr. Patty: That’s correct. That’s what we were told in the meeting. Mr. Hatney: Otherwise she wouldn’t need this if y’all hadn’t decided to move the road. Mr. Patty: Y’all decided to move the road. Mr. Mayor: Amen. Okay we could --- Mr. Hatney: Move for approval. Mr. Mayor: We have a motion. Is there a second? Mr. Mason: Second. Mr. Mayor: We have a motion and a second. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I’d like to ask somebody who is on, who’s going to lead this, the petitioner, not the petitioner but those opposed to it to come up and speak on behalf of the community and why they don’t want it there. Mr. Mayor: Okay, please state your name and address for the record, sir. Mr. Mack: My name is Charlie Mack Jr. I live at 2115 Sanders Road and I’m representing the majority of people that live on that particular street. And we haven’t necessarily had a meeting with everybody on that street but there has been communication with everybody on this street and none of the people that live on the street want this personal care home on this particular street. One of the reasons they’re fighting it is they feel that the value of their homes are going to go down, they’re working very hard to make it a community and a residence area. Now they’re bring in individuals that going to be coming in a personal care home. One of the other things that they have mentioned is that on the back side of our street there’s also a home that’s there and this home is for ten beds on the back side. So they feel like they are being inundated by personal care homes and that type of thing being brought into their community. And they have suggested that why they have to bring all of this on the front side of our 36 community and on the back side of our community. They are totally against it and they do not want a personal care home to be zoned on that particular street. Mr. Mayor: Okay, thank you, sir. And to give fair amount of time to the applicant as well. Ms. Speaker: I think there’s been a lot of misconception --- Mr. Mayor: And if you could please state your name and address. Ms. Johnson: I’m Alma Johnson, 281 River North Drive. I believe there’s a lot of misconception when it comes to personal care homes. And I can’t speak for a lot of other homes but my personal care home we cater to the elderly, mild dementia and I can understand the concern of the neighbors but the residents at my particular home they are just elderly people with mild dementia. There’s no threat to the neighbors there’s no threat to the neighborhood there’s no traffic. We’re just there to take care of elderly people who cannot take care of themselves and the family cannot stop working to take care of them. Mr. Mayor: Okay, thank you, ma’am. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I’d like to ask a few questions, please. So there will be overnight stays at this particular home, 24/7. Ms. Johnson: Yes. Mr. Johnson: Okay, have you talked to the community about what it is you’re going to be doing there and what’s going to happen with you know the particular type patients you have in the home and how they feel about it because what I’m hearing now is that what I have heard that they are unclear about what it is y’all going to be doing there, the type of patients you have there and so forth and so on. And they don’t want that to affect their community especially that they’re being in somewhat another home on the back side of their community as well. And I’m not if Mr. Patty wants to answer to that. Mr. Patty: Staff reports indicates --- Mr. Mayor: Mr. Patty. Mr. Patty: --- there is not a licensed home within 1200 feet. It may predate the ordinance it may, you can have up to three in a home without permission. So I don’t know what the situation is but it’s not a licensed home. Mr. Mayor: Y’all hold on. Mr. Johnson: Okay, thank you, Mr. Mayor. 37 Ms. Johnson: I just stated before the type of home is to house elderly. No more than six. It’s a family model personal care home. There’s no more than six residents. We provide services, doctor’s appointments and meals. The cliental is mildly dementia. There is no mental health no retard. It’s mildly dementia it’s elderly people like I mentioned that cannot live alone. Their memory is not like it used to be, mobility is not like it used to be. Mr. Johnson: Okay and you are seeking to purchase this property? Mr. Johnson: Okay, have you looked at any other locations? Ms. Johnson: I’ve looked. I’ve exhausted my search. The reason I chose this particular house is because it meets the needs according to the House of Regulatory Services in Atlanta. Mr. Johnson: Okay, Mr. Mayor, I’d like to also ask Mr. Patty how will this affect the property value of the homes there. Mr. Mayor: Okay. Mr. Patty, Commissioner Johnson had one other question. Mr. Johnson: Yes, the property value for the homeowners there. How will this affect their property value and the asset of the neighborhood the integrity of the neighborhood? Mr. Patty: Without going into great detail we have got, at one time we had a third of all these in the entire state in Richmond County. That’s because of the medical facilities, VA and for other reasons. And of those there’s no question some of them affect the value of the surrounding homes. Most of them don’t. How this lady operates it will make that determination. To be honest with you it might affect the adjoining property how easy or hard it is to sell adjoining property but you know I think that the criteria in the ordinance are identical to what I read you about the daycare center before. If you think there is a subjective criteria if you think the depreciating factors are greater than the value of the community than you can vote to deny it. Mr. Mayor: And your times --- Mr. Johnson: Thank you, Mr. Mayor. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Ma’am, I do need to ask you a couple of questions. What size house, how many bedrooms are in this house? Ms. Johnson: Three. Mr. Brigham: Three bedrooms and how many baths? Ms. Johnson: Three baths. Mr. Brigham: Three baths? Okay. And any of them handicapped baths? 38 Ms. Johnson: Well, they have to because of state regulations. Mr. Brigham: They all have to be handicapped baths by state regulations. Ms. Johnson: But it doesn’t mean I have to take handicapped --- Mr. Brigham: Right I understand but I know it’s hard for some of us older folks to move up and down and get side to side and that kind of thing. That’s the reason why I was asking. Okay and I appreciate your answers. Ms. Johnson: May I add one thing? Mr. Mayor: Yes, ma’am. Ms. Johnson: As far as the property depreciation I believe that the personal care home would add to the property. The way I run my home and the way I keep my property I believe it will be and I know it will be an asset. And it’s 24/7 so we look out for the neighbors. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I commend you for your effort in trying to definitely help the seniors and assisting the people that can’t help the people home or caretakers or what have you in the homes. However I have spoke with the constituents there and the majority don’t want it there. I understand their concerns so I’d like to make a substitute motion that we deny this based on what the community has stated. They don’t want it. I can understand their concerns on it and Mr. Patty couldn’t give us a clear declaration on what it would, how it would affect the property value and that is my major concern with this. So these are my constituents in my district and I’d like to have the support of the fellow commissioners here. Mr. Mayor: Okay, we have a substitute motion. Is there a second? Okay, there’s no substitute, there’s no second on the substitute motion. Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. I have a question of the applicant? You said the way you run your homes. Do you have more than one? Ms. Johnson: The way I run my home. H-O-M-E. Mr. Grantham: Okay. Ms. Johnson: I only have one and I’ve been doing it for 11 years. You can check my deficiencies or whatever on the web. Mr. Grantham: My next question, Mr. Mayor, would be to Mr. Patty. Would this road being changed like it is forcing her to move does this not create a hardship situation in this regard to where this person has got to move from where she’s presently located. 39 Mr. Patty: Yeah, I mean she’s got to move and I don’t think that’s a compelling reason to rezone, or to take this action. I think you look at it on its own merit. Mr. Grantham: Okay, so we don’t, we don’t protect the people who are presently in business here in Augusta to run their business and to do the things the way we require them to do. And if they fulfill those is that not a hardship for them to continue business. Mr. Patty: Yes, sir. Mr. Grantham: Thank you. Mr. Mayor: Okay, Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. I wanted to ask the lady. You said your address was River North. Isn’t that in South Carolina? Are you going to move over into this house or are you going to have somebody to run it? Ms. Johnson: I live there, practically live there. Mr. Mayor: Okay, we have a motion and second. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Grantham: Motion to approve, isn’t it? Mr. Mayor: That was a motion to approve. Mr. Johnson, Mr. Jackson and Mr. Smith vote No. Motion carries 7-3. Mr. Mayor: Okay, Madam Clerk, I see folks from the DDA waiting patiently over there so I’m going to go to agenda item number 32. The Clerk: ENGINEERING SERVICES 32. Consider a request from the Downtown Development Authority to vacate the alley at 840 Reynolds Street for a major hotel development. Mr. Mayor: Do we have someone here to speak to this issue? I know I think we have --- Ms. Woodward. Ms. Woodard: Thank you, Mayor and Commissioners, for taking the time to hear our request today. We’re today to request the City of Augusta surrender a remnant parcel located at 840 Reynolds Street to a private developer for a hotel project. If you’ll look up at the screen this remnant dead ends into these bushes here. It is 235 feet long. The width at the south end at its 40 widest 4.7 feet and here at the north end at its widest 2.8 feet. There might have been some confusion as to why we originally called this an alley. And the reason we did was because there are two entrances right here where you can enter into this site and they’re both private property. This driveway right here belongs to the Julian Osmond property and this driveway right here belongs to Hull Story. We have met with several of the people involved with the project. We have gone to the Historic Preservation Committee; the hotel has been approved versus an appraised light plan that will have been approved by all acquired agencies. Some discussion that came up was there enough parking what about storm and sanitary sewer. We certainly have enough checks and balances in place with our city department heads, our permit department and the HPC. There’s been worry that a couple of the property owners might get landlocked. On the 9th Street there is a private alley that is owned by several property owners and nothing, nothing can happen to that alley unless all property owners agree to tender their rights or sell their rights. Mr. DeSoe is here in town today. He is the developer. He has already great faith in being a good, good neighborhood player. He has met with all property owners concerned. He met with them last Wednesday to discuss these issues that I brought to your attention. He’s had his engineer Tom Robertson do the same. He’s gone before the HPC for approval and has already shown that he will be a great neighbor. This is a great project for downtown Augusta, a $30 million dollar that we don’t see every day. The estimated annual property taxes are $432,000 annually. The benefit the entire city of Augusta as well as downtown. It will create 80 jobs, it will drive new retail to downtown Augusta and it will raise $330,000 annual dollars in hotel taxes that will not only benefit the Board of Education, the CVB and now help revitalize our inner city neighborhoods. I’m here today to ask the city to please surrender their rights to the remnants to this developer and move forward with this project. Thank you. Mr. Mayor: Okay. And before we move forward I just want to say I strongly support this project. This is a basically I have walked this property. It is to my mind and I come from a background in real estate and development a worthless piece of property to this city. So I would support our deeding it over to them and moving forward with this project. Commissioner Holland, I think you had your ---. Mr. Holland: Yes, sir, Mr. Mayor. I just wanted to ask who’s the developer and what’s the name of the hotel. Do we already know that or? Ms. Woodard: No, sir. We do know the name of the developer. It’s Mr. Courtland DeSoe and he’s with Hospitality Inc. We don’t know the franchise rights yet for what the name of the hotel will be. Mr. Holland: If you’ll come back to us with that. Ms. Woodward: Yes. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Yeah, a couple of questions. Was the property that we’re surrendering is that to be built on or is it going to be used as far as an ingress and egress for the hotel? Just what is it the design as to what’s going there? Why do we need to surrender the property? 41 Ms. Woodard: Well so the site can be developed and we can get in and out of the property. Yes, sir. Mr. Grantham: Okay, so this would only be accessible use for their benefit and not any of the other property owners adjacent to their property. Ms. Woodward: Right. The other property owners will have access through the Jones Street alley. Mr. Grantham: Through the Jones Street alley. But then that’s common property from the standpoint of the property owners that own that property goes up to the centerline of Jones alley. Ms. Woodard: Correct, they own it. I think there are four owners on that parcel and nothing can happen to that entrance that alley unless all building owners unanimously tender their rights or sell their rights to that alley. Mr. Grantham: Okay, so what’s to keep them from doing that? Ms. Woodard: Well, that would be up to the four, I mean the four business owners. The hotel developer’s not interested in that alley. Mr. Grantham: Okay. Are there any common walls in those areas that need to be addressed from the standpoint of property owners where the hotel’s going? Ms. Woodard: Well, um, yes, sir, um, the developer has agreed that he will follow all legal processes for the demolition of the jail and give Mr. Smith and Mr. Carswell due notice on the demolition --- Mr. Grantham: Okay. Ms. Woodard: --- for that common wall, yes, sir. Mr. Grantham: Mr. Mayor, those are the questions I had. I think we need to hear from the property owners that are adjacent to that. Mr. Mayor: Okay, are they represented here? Okay. Mr. Brigham: Can I ask a question? Mr. Mayor: Yeah, Jerry I was going to get to you before we brought them up. Mr. Brigham: Thank you. Mr. Mayor: I know it’s tax day. Go ahead, Commissioner Brigham. 42 Mr. Brigham: Uh, Ms. Woodard is this property, this remnant. Is it going to be built on? Is their going to be a physical structure on the remnant? Ms. Woodard: Yes, sir. Mr. Brigham: Okay, that’s what I need to know. Mr. Mayor: Okay. Sir, if you could come forward and state your name and address for the record. Mr. Speaker: My name is Joe Smith and I live at 2240 Overton Road. I happen to be the bad guy today. My partner Joe Carswell and I own three pieces of property that are going to be touched by this project seven times around our property. We have, we did meet and I want to clarify Ms. Woodard a couple of her statements if I may. And I understand I only got five minutes. If you block my ingress and egress from Reynolds Street and I’m for this project. I just th happen to be a property owner around that’s wants to protect my property. If you, the 9 Street alley, it’s my understanding that under the strangest of circumstances that the owners did come together and did decide to close that land you could block my piece of property behind those th buildings on 8 Street. I own two lots behind Silla Café that if this project comes that parking behind there is going to become very, very to me because my buildings of eight tenants including Broad Street only have off street parking with the exception of this parking back here. So the th first thing that I want everybody to understand is because of Jones Street the 9 Street alley that possibly of blocking that alley off could happen down the road. Maybe it won’t happen but it could happen. From Reynolds Street and Ms. Woodard talked about the remnant of an alley is blocked by a wall that the ingress and egress from Reynolds Street to our property really runs over two other pieces of property. This is true because during the renovations in the late 70’s or early 80’s and I can’t be exact. The city could tell you that. When they were building that wall around the old jail somebody decided instead of using that alley let’s have two entrances. So the alley was never moved the wall was added to the alley. What happened between the alley and half of it being given away in the past I don’t really know about. But for the past twenty years that Joe and I have owned this property on Broad Street we have used the ingress and egress with the understanding, and this is not the first time this alley’s come up in conversation. It’s been coming up for years. But we have, we and our trucks and our tenants and our dumpster services used that ingress and egress and have been for the twenty years that we have owned that piece of property. I’d like to make another point of Mrs. Woodard. When they came to meet with us last Wednesday, which they did come but every answer we got was very vague, ma’am and sirs. We got no specifics of where the wall was going to be. At the back of the alley where can almost even close off that, our little piece of property is very unique back there and it’s very vital to our property. So I’m only asking the city the county commissioners today that it would be good for downtown and I have no problem and if my property wasn’t involved around it I would be in full support of it. But because Joe and I as small investors have a big income, investment on these properties that we have invested in the past twenty years. I don’t know that I can outrun the big boys but I would you to represent us the small property owners in downtown Augusta that are filling eight buildings here to please support my piece of land at the back. There should be some compromise somewhere. Where that compromise is I don’t know. But this little piece of 43 property if you take my privilege of coming through there away from me I could very easily lose that piece of property to being landlocked. Mr. Mayor: Thank you sir. And just to clarify. The piece of property is 3 feet wide that we’re discussing. Mr. Smith: It’s 3 feet wide, yes, sir. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Joe, did you ever ask for from the developer that they would give you an easement so that you or an ingress/egress easement so you wouldn’t be landlocked? Mr. Smith: I don’t know if I directly asked but it was put to me that he didn’t want to do that. Mr. Brigham: Well, I guess I’m asking that question now so I guess I’ll ask it of whoever I need to ask of it on the other side the same question. But you have not asked for that. Your concern is that you don’t want your property to be landlocked. Mr. Smith: My concern is that I don’t want but that piece of property behind my stores on Broad Street to be blocked from a dumpster. If you block that alley my people are going to th have to take their garbage to Broad Street or they’re going to have to take it to 9 Street. This is a vital part to our investment. Mr. Brigham: I think we understand your thing. I’m just asking the question and I’m trying to see what kind of compromise can be arranged. Mr. Smith: I understand I’m in a bad situation. Mr. Mayor: Okay. Mr. Smith: We’re all grown people. I understand where we’re coming from. We just happen to have a unique situation here. That’s the problem. Downtown when downtown was built automobiles and dumpster trucks weren’t a problem. But as we grow so even though the idea of this hotel is a wonderful situation because we are next door to that it could hurt our, our th property. Where 9 Street right now parking is not a problem for the Brass Ring and the other three tenants we have. But you bring that in and --- Mr. Mayor: Okay and yes, sir we I mean --- Mr. Brigham: Does Ms. Woodard have an answer? Mr. Mayor: Ms. Woodard. 44 Ms. Woodard: Yes, sir. Mr. Smith and Mr. Carswell will have access to the back of that property through a 20 foot existing alley on Jones Street. This remnant right here is only 2 ½ feet wide as it is. I mean you can’t, this remnant that you all is 4.7 feet at it’s widest. Mr. Brigham: Are y’all going to give them an unrestricted ingress and egress easement to the property? Ms. Woodard: From Reynolds Street? Mr. Brigham: From Reynolds. Ms. Woodard: No sir. Mr. Mayor: Okay, Commissioner Bowles. Mr. Smith: (inaudible) Mr. Mayor: No, sir, you’ve really, you’ve had --- Mr. Bowles: (unintelligible) answer my question, Mr. Mayor. Mr. Mayor: Okay. Mr. Bowles: I’m trying to figure this out. I see a strip of property going down the middle. So you’ve got two lights on either side. So theoretically somebody could buy those lots and then come put something to block your access anyhow. Is that correct? Mr. Smith: Say that again. I’m sorry. Mr. Bowles: It looks like this is down the middle of a large empty lot on two sides of it. So I’m trying to figure out how this middle strip is going to block your access. Mr. Smith: Can I come up? Mr. Bowles: Yes, sir, please. Mr. Smith: This is the alley that she is talking about. Mr. Mayor: But let me just clarify. Just to go along with something that Commissioner Bowles is saying. You show me a car that can fit down a 3½ wide strip of land. Ms. Woodard: May I ask a question? Mr. Mayor: Hang on. Let me hear from them first, Margaret. 45 Mr. Smith: We bought the property twenty years ago and (inaudible) ingress and egress - -- I’m assuming when I get a deed the lawyer goes and files it, it is good. The deed says its mine. We start talking about this and all of a sudden it goes from an alley (unintelligible). I’m not trying to bring personalities into this. They have been fighting where the alley’s located because everybody wants to put it in a different place. I think they thought that the city or the county (unintelligible) that was half of the alley (unintelligible). Mr. Mayor: Okay, but --- Mr. Smith: We’ve used it for over twenty years. Mr. Mayor: Okay, I’m going to try to keep this because we’ve given each side an allotted five times. If there are questions from the commission let’s leave it to basically the scope of the question. My basic question is what is the city what are we going to do with a 3 ½ foot wide remnant parcel. Why should we hang on to it? I just don’t see the point in doing that but, Commissioner Bowles, did you? Mr. Bowles: I’m just trying to figure out where on this graphic our property is. Mr. Carswell: (unintelligible) Mr. Bowles: Yes, sir. Mr. Carswell: Okay, do you see the two --- Mr. Bowles: Yes, sir. Mr. Carswell: --- small strips? That would be Silla Café basically. Mr. Bowles: Okay. Mr. Carswell: You see the big one behind it. That would actually be two lots. One Joe Smith and I own one the other one he owns outright. That goes exactly half way into Jones th alley, which goes back to 9 Street. And that would be the Atlanta Gas and Light Company --- Mr. Bowles: Okay. Mr. Carswell: That whole building’s coming down. Do you see the corner where it says Jones alley? That whole piece in there was the (unintelligible) property that I understand is going to be contracted on both sides of the alley. Now we’re talking about the Jones Street alley. Mr. Mayor: Okay. Mr. Carswell: James, he owns the whole alley right there. I mean I’m no lawyer I don’t know but I don’t know. I’ve asked and yes they could possibly use it. Then from where that is going to Reynolds Street is where that piece of property is and I thought it was about 5.3 feet 46 wide and I was figuring that was half of that. The other half was the old --- property --- the old gas company. And I was (inaudible) the building was here. And we basically set up at that time where we could get in and out. That’s where it came from the city sold the jail they had to keep that four or five feet for something. I mean because that was half of the alley. Now everybody who did that back then is gone now. And you know we want the project but if you look at these pieces of property everything around us I understand is going to be (unintelligible). Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: Looking at that picture can you point out to me where this piece of, this great big open property is? It’s not on there. Can you tell me on that one where the hotel’s going to be? Mr. Carswell: That goes, wait a minute from about right there all the way to Reynolds. Jones Street alley, right there. Right here the center of Jones Street it runs all the way to Reynolds Street. Here’s the way when they surveyed it, it was marked. I have not had it surveyed but this is the zone. Isn’t that correct? Mr. Hatney: Is there anything you have brought to show us? Ms. Woodard: Ask Tom Robertson to come up here if that’s okay. He’s the engineer. Mr. Mayor: Tom? Go ahead. Mr. Robinson: I’m Tom Robertson with Cranston Engineering Group and I’m sorry this map doesn’t quite fit under there. But we made a survey of this back in the ‘90’s for Barbara Basswood Scott of the area .27 acres and that’s the eastern ad joiner of what was a police station at that time. And the strip that’s shown here Reynolds Street is on the left side of the screen there, the old city property is on the bottom of the screen, which is denoted here. Bankers First Community Development Corporation to whom I believe you all sold that property. There is a remnant piece of land there that’s a strip between these two properties that runs from Reynolds Street back to Joe Carswell’s and Joe Smith’s property which is shown here. The alleyway at th this point right here is 20-feet wide and runs on out to 9 Street. And the question that has been raised as to whether or not the Carswell and Smith property have access over the Basswood piece out to Reynolds Street because that’s where you really drive through here about where it says area equals 0.27. You can’t drive on this alley because it doesn’t go anywhere and it’s not wide enough to drive on anyway. So that’s kind of the lay of the land if that helps your decision making process. Mr. Mayor: Okay, would somebody like to make a motion on this? I think it’s been thoroughly discussed. Mr. Hatney: Move for approval. Mr. Mayor: Let me clarify your motion. You’re moving to approve the city deeding the property over to the developer. 47 Mr. Smith: Second. Mr. Mayor: Okay we have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Grantham votes No. Mr. Bowles abstains. Motion carries 8-1-1. Ms. Woodard: Thank you. Mr. Mayor: Thank y’all. Okay, Madam Clerk, next agenda item. The Clerk: PUBLIC SERVICES 18. Approve revised job description and new position recommendations. Mr. Brigham: Mr. Mayor, I move we refer this back to committee since it hasn’t been there. Mr. Jackson: Second. Mr. Mayor: We have a motion and second. I know that Mr. Johnson has been here for quite some time. Mr. Brigham: And I’m appreciative of that but I also think we need to have a discussion before we create new positions. Mr. Mayor: Okay, but I would like to here from Mr. Johnson first. Mr. Johnson: Thank you, Mayor, and thank you for giving me the opportunity to come. Basically what we’re doing and then I don’t know if any way we can change this but we’re looking at upgrading the airport’s director’s salary. Nothing has been done since 2001 and when we went back and got our consultant to look at what the area airport’s that are our size are paying that grade should be a 65. We also looked at a deputy director’s position because any good business has a succession plan. They have someone who can step in to place. Basically what that position would be would be that somebody that’s currently at the airport but would take on increased responsibilities so in the event that something happens to the director we have someone to step in place. Mr. Mayor: Is there, in referring it back to committee other than the time it’s cost you being here today is it? 48 Mr. Johnson: That’s not a problem. We don’t have a problem with that. We want to start our search probably within the next week. We have applications. Mr. Mayor: Okay. Mr. Johnson: We just want to be able to have in mind what we would be able to offer an airport director. Now could I suggest if you don’t mind the airport director is not a new position. If we could get that approved and then come back with the deputy’s position. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, um, I would like to see some comparables before I want to go vote to approve a salary increase. I still have some concerns over our General Budget and I know that the Administrator says we have plenty of dollars and I’m going to be supportive in the future on a motion I know is coming down the pipe. But I still think we need, if it’s warranted and I’m sure it is, as Mr. Johnson wouldn’t be here asking for it. I wouldn’t have a problem supporting it but I would still like an opportunity to look over those numbers before we arbitrarily do it a commission meeting where none of us has seen anything. Mr. Mayor: Okay. Is there any further discussion? Commissioner Grantham. Mr. Grantham: Mr. Mayor, asking Mr. Johnson. You say the deputy director is a new position? Mr. Johnson: Yes, that would be. Mr. Grantham: All right. So the salary range in that you’re showing up under the analysis but then under the financial impact you’re only showing $23-39 thousand a year. Won’t we have the financial impact of the full amount of the salary? Mr. Johnson: In the deputy’s we’re not really saying. That’s why I’m not worried about the deputy’s. We’re going to fill that right away. The new director when he comes in, he or she comes in that will be an option to them. We just wanted to put it in place so when they go there they could go ahead and fill that position. I’m not worried about trying to do that today. Mr. Grantham: But my point is when you fill it, when we approve filling it the financial impact is going to be the full amount of the salary and not $23-39 thousand. Mr. Johnson: And that’ll have what you have. Augusta is different from the airport. Mr. Grantham: Okay. That was only question, Mr. Mayor. We can satisfy that later. Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Holland: (unintelligible) 49 Mr. Mayor: Voting to refer it to committee. The Clerk: Back to committee. Mr. Hatney: Mr. Johnson, please. Mr. Mayor: Actually with the vote already called for Commissioner Hatney. The Clerk: You going to vote, Mr. Hatney? Mr. Hatney: (inaudible) The Clerk: Okay. Mr. Hatney: My concern is and I’m not trying to be funny. You’ve got, there isn’t an item on here we have seen. We have not had a committee meeting. Not a one. There’s some more stuff on here we’re going to be working with that we hadn’t seen. Mr. Mayor: I agree with what you’re saying Rev. Hatney and with the time getting to be the way it is I was going to mention of the fact we might want to, I think that that’s definitely bogged us down today. Mr. Hatney: Is it too late to make a substitute motion? Mr. Mayor: We’ve already called for the vote. Mr. Hatney: Can’t do that either? You want me to vote. I ain’t ready. Ms. Beard abstains. Mr. Hatney not voting. Motion carries 8-1. Mr. Hatney: I abstain. I pushed A, B. The Clerk: All right we’ll record you as abstaining. Mr. Mayor: Now I’ve been very impressed with this computer system but how can you be present and vote not present? I don’t get that. Okay agenda item 20 and before we get to that, Rev. Hatney, I will support any motion you would like to make in the future with more agenda items referring them to committee. Mr. Hatney: All of them ought to be referred to committee. Everything we had discussed. Mr. Mayor: Madam Clerk, could we read the agenda item and then maybe we might --- 50 The Clerk: PUBLIC SERVICES 20. An Ordinance to amend the Augusta-Richmond County Code Title Six, Section 6-2-76 relating to License and Business Regulations; To establish provisions for a Hardship Application for an Alcoholic Beverage License; To repeal all ordinances and parts of ordinances in conflict herewith; to provide an effective date and for other purposes. (Requested by Commissioner Jerry Brigham) Mr. Mayor: Commissioner Brigham, this is yours. Mr. Brigham: Yes, sir. Mr. Mayor, I’ve had a constituent or a business in my district that is losing their alcohol license due to no effort of their own because the landlord is making them move and it’s cause them to lose their lease. I’ve asked that this ordinance be written in such a manner that under the current ordinance as I understand it Legal counsel told me we had to locate a mile and a half from an existing location to have another package shop. But what I’ve asked for is that if an existing alcohol license due to no fault of their own loses a location and this can happen anywhere in Richmond County that could locate within a three quarter mile of an existing location. Only if they are a current license holder and have lost their lease to no consequences of their own. And that’s basically what’s in the ordinance I believe that’s what Ms. Johnson prepared for me. That’s what I had asked for. Mr. Smith: Mr. Mayor. Mr. Mayor: Okay. Commissioner Smith. Mr. Smith: Is this something due to construction and DOT? Mr. Brigham: No, sir, this is due to a private enterprise by a shopping center. Mr. Mayor: Okay. Mr. Brigham: But it could be construed as happening as if DOT it could be used under those same circumstances. Mr. Mayor: Commissioner Beard. Ms. Beard: I was wondering what the recommendation was from the licensing department would be. And I’m wondering if this hardship application wouldn’t kind of weaken this application and that with the situation like this maybe we could just use Special Exception like we do with many other things. Mr. Mayor: Mr. Sherman. 51 Mr. Sherman: The um, our position is that we would support you adopting this. It would, the applicant for a new location would still have to meet all the other location requirements that is the zoning, the distances to churches, schools, playgrounds etc. The only variance the hardship would be they don’t have to meet the mile and a half distance requirement to an existing store. It still would come to you for approval and you could consider all the other subjective and objective criteria that you consider presently to make a decision whether to approve it or not. It’s just that by putting this in there in the event that they lose their license because of a hardship it allows the License and Inspection Department to bring it to. Because without this we can’t even bring it to you. Mr. Mayor: Okay, so, Mr. Sherman, you recommend approval. Ms. Beard: I move for approval. 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. Mr. Hatney abstains. Motion carries 9-1. The Clerk: PUBLIC SERVICES 21. Discuss repairs to locks – New Savannah Bluff Lock and Dam. Mr. Mayor: Mr. Beck. Mr. Beck: Mr. Mayor, members of the Commission just wanted to give you an update on the status of the locks at the New Savannah Bluff Lock and Dam. As you are aware they have down for about a month. We have attempted to get some contractors in to give us estimates on repairs with cooperation from the Corp of Engineers. We do have a meeting set up Tuesday with a contractor to get firm estimates to give you a better idea how much money we’re talking. Mr. Mayor: Okay. Mr. Brigham: I make a motion we receive this as information. Mr. Bowles: Second. Mr. Mayor: We have a motion and a second. Commissioner Smith. Mr. Smith: Thank you. Is this property now owned by North Augusta? Mr. Beck: Mr. Mayor? 52 Mr. Mayor: Please. Mr. Beck: No, it’s not. There is an agreement out there that it’s still pending but it’s also pending and Congress is approving monies to refurbish the dam. So there is an agreement that is pending but that has not been executed yet. So the Corp of Engineers still operates the dam and the city operates the locks under a ten-year lease that expires this December. Mr. Grantham: This December? Mr. Beck: This December. Mr. Mayor: Okay. Mr. Beck: And, Mr. Mayor, if I could I did want to address there were some concerns from some other commissioners regarding the Fish Passage Program. And the status of that is the U.S. Fish and Wildlife is going in there in April in two weeks and in May. They’re doing what’s called the Electro-Fish Program where they are shocking the water south of the dam and they’re actually transporting the shed upstream. And they’re doing that twice so in an effort to get some fish migration done this spring. So they have been proactive along those lines. 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: We’re rolling now. Next agenda item. The Clerk: ADMINISTRATIVE SERVICES 24. Approval for Augusta to enter into a contract with the Pollock Company to be the service provider for “Copier Management Service” for the City of Augusta. Mr. Brigham: So moved. Mr. Bowles: Mr. Mayor, I know there’s someone here --- Mr. Mayor: Commissioner Bowles. Mr. Bowles: Thanks, Mr. Mayor. There’s someone here to speak on that issue and I’d like to hear from that person. Mr. Mayor: First we have a motion. Is there a second? Mr. Smith: Second. 53 Mr. Mayor: We have a motion and a second. Who’s here to speak on that issue? Yes sir. Mr. Speaker: Mr. Mayor, I’m Alan Thompson from ICON Office Solutions. Mr. Russell: Mr. Mayor, if I may can I refer to legal counsel in reference to this before we hear this speaker? Mr. Mayor: Please. Ms. Johnson: This is the standard contract we’ve been operating under with Pollock. Ms. Sams is here from Procurement and she should address it as well. And I have reviewed it for legal content. Mr. Russell: Is this an appeal? Ms. Johnson: Is this a bid appeal? Mr. Thompson: Point of Order. Mr. Mayor: Excuse me? Mr. Thompson: It’s a point of order --- Ms. Johnson: He can go ahead. Mr. Thompson: --- in process. Mr. Mayor: Go ahead. Mr. Thompson: Just during our pre-bid meeting it was pointed out it was a proposal. It was not a bid. As she states in her agenda item request form to two other vendors were disqualified just for specifications. In review of the original here what I noticed in our pre-bid meeting Phyllis Mills specified on behalf of Geri Sams faxes were to be included --- Mr. Mayor: Okay, sir, I’ve been advised by legal counsel that you do need to stop that it is a effectively from a legal standpoint a bid protest. Mr. Thompson: It’s not really a protest. Mr. Mayor: I’ve got a lawyer telling me it’s a protest and so I’ll have to go base my decision based on legal counsel. Ms. Johnson: And you’re addressing the bid documents and this isn’t the appropriate form without giving the requisite notice. 54 Mr. Thompson: I just saw the forms on the website. I believe it’s just an oversight. Ms. Johnson: I understand but pursuant to our Code of Ordinances there’s a procedure and a time limit for addressing bid protests. You need to check the ordinance to make sure you’re within your time frame to appeal. Mr. Thompson: I don’t believe that time framing we were allowed to see this but --- Mr. Mayor: Okay, we’ll --- Mr. Thompson: --- okay, that’s fine. I can, there’s other recourse. I just wanted to point of these were just overlooked. Mr. Mayor: Okay, well, I you understand my position. I’ve got one lawyer in the room who I have to rely on for legal advice --- Mr. Thompson: I am not a lawyer. Let me state it for the record. I yield to that. Mr. Okay. Mr. Thompson: I will redress. Mr. Mayor: Okay. Thank you. Okay, we have a motion and a second. Mr. Grantham: Mr. Mayor? Mr. Mayor: Commissioner Grantham. Mr. Grantham: This concerns me then based on, based on even the appearance that we Should we nottable this thing until we can until legal counsel have here today. and discuss this with our counsel too before we step into something with a vote we may not want to make and then come back with that decision based on her recommendation to us. Mr. Mayor: I would say --- Mr. Hatney: So moved. Mr. Mayor: --- let legal counsel address that. Mr. Grantham: That is in the form of a motion, Mr. Mayor. Mr. Mayor: That would be a substitute motion. Mr. Grantham: (inaudible) Mr. Mayor: There’s a primary motion. 55 Mr. Hatney: I second. Mr. Mayor: Okay, we have a substitute motion and a second. Mr. Holland: Mr. Mayor? Mr. Mayor: Commissioner Holland. Mr. Holland: Are we going to listen to what the attorney has to say in reference to this? Ms. Johnson: That would be my advice. I concur. You have the Procurement Director here as well that can address the ordinance. Mr. Mayor: We’re going under --- Mr. Holland: I got a right to ask. Mr. Mayor: We’re going under the advice of that’s the motion as stated is what the Attorney is recommending we do. Okay we have a substitute motion and a second. Madam Clerk, if you could read back the substitute motion. The Clerk: The substitute motion was to refer this item to our legal meeting for advice from our legal counsel. Mr. Mayor: If there’s no further discussion commissioners will now vote by the substitute sign of voting. Motion carries 10-0. The Clerk: FINANCE 28. Motion to approve moving the implementation date for the 2008 $2000 pay increase for Public Safety Officers from August 1, 2008 to May 1, 2008. Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, if I may, in the budget process the Sheriff brought before us a request because the inability to hire and maintain employees that we add $4000 to the salaries of his sworn employees. During the budget process you directed me to include the Fire Department, Marshall’s Office and the RCCI in that for their sworn employees. We did that and moved forward. In addition to that you reduced the amount to $2000 because of the financial st impact that it would have and that we set that for August the 1 as opposed to making it effective immediately. Because of the lapped salaries that are available within those accounts at this particular point in time because he has not been able to fill positions it would be my 56 recommendation because the money is available we are still trying to address that problem. You recognized that November when you voted on the budget give them ability to help fill those stst positions and move that we go ahead and start that effective May 1 as opposed to August 1. Mr. Hatney: Motion to approve. Mr. Russell: Financial impacts are covered in the specific accounts available. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Mr. Mayor, I have no problem with the recommendation by the Administrator but I have one concern. One being is that 911. Those persons are public safety also. So motion would be to include them in it. I don’t have no problem with it if he can find the money he says he has to include the 911 also. So my motion would be to work with that to include 911. Mr. Holland: I second the motion. Mr. Mayor: We have a motion and a second. Commissioner Mason. Mr. Mason: Yes, sir, Mr. Mayor. Thank you. I just have a couple of questions or concerns. I certainly do not have any issues with awarding and rewarding our public safety folks. But I’m a little concerned from a financial standpoint when we talk about lapped salaries. I guess I need to get some clarification on what area were these salaries lapsed in. And also perhaps the finance direct if she’s here could explain whether or not these salaries have been used in the budget previously to help balance the budget. Have those dollars been put in that area. Mr. Russell: Those dollars are budgeted to pay those specific salaries. They’re in the budgeted areas for those specific salaries. They have not been spent because of vacancies within those specific departments and that’s where we’re at, at the moment. 911 will probably require a little adjustment because we did not make that adjustment in November. They do have funds available to cover these costs within that department. Mr. Mason: And I appreciate that, Mr. Mayor. I’m still trying to get clear on the lapsed salaries are from 911, excuse me from the Richmond County Sheriff’s, from RCCI from but not from any other governmental entity or department or directorate within the county government. Mr. Russell: Yes, sir. Mr. Mason: Okay. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I’d just like to ask our Administrator. You said we have the funds available. Is it funds that come from that lapse or as far as that we have 57 already in the budget and if so what as far as how do we get those funds? How do we get them three months earlier versus? Mr. Russell: We budget ten dollars a year to pay salaries to make it as simple as we can. Because we don’t have people available we’ve enough money at this particular time in point in time by not having people working in those salaries. We saved four bucks. What I’m suggesting is that we use part of that money to go ahead and pay those other people that are here early. And that’s pretty much where I’m at. It’s money in those funds, it’s previously budgeted, its recovered and saved because there weren’t people in those positions beginning January 1. The Sheriff’s Department as of today has 47 vacancies. That 47 vacancies at $30,000 a year plus benefits and stuff begins to add up fairly quickly and that’s the money we’re using that’s not being spent on those positions. Mr. Johnson: So we have additional funds in addition to that that’s going to be left outside of what we’re going to use to implement this raise? Mr. Russell: No, as Commissioner Mason mentioned we do use lapsed salaries to balance the budget on occasion and depend on that and we’re comfortable with it because of the number of vacancies we have at this particular point in time. We want to be able to use that money to balance the budget. In addition have the impact for the additional dollars that I’m suggesting. If the, you know the money we’re talking about is $352,000 the Sheriff’s Office, $163,000 for the Fire Department which if you look at that it’s about five or six employees for the six-month period, the full salary plus benefits. So it sounds like big numbers but I think the impact that it has on the employees is more positive than the impact it’s going to have on our budget. That’s why I brought it to you. Mr. Mayor: Commissioner Jackson. Mr. Jackson: Mr. Mayor, I wanted to ask Director Wasson how many number of certified police officer he has in 911. Mr. Russell: His officers are not certified as police officers. They’re certified as dispatchers through the State Certification System and that’s where we’d be going based on that. Similar what we did in the Sheriff’s Department where we only, where you only gave them money to certify, well people in November only gave the money for certified police officers, certified firemen, certified correctional officers and RCCI and certified police officers in the Marshall’s service. Mr. Mayor: Does that answer your question, Commissioner? Okay, we have a motion and a second. Mr. Brigham: So moved. Mr. Mayor: We’ve got one and a second. If there’s no further discussion commissioners will now vote by the usual sign. 58 Mr. Johnson: Mr. Mayor, I do have one --- Mr. Mayor: Commissioner Johnson, we already called for the vote. Mr. Johnson: I just want to clarify that what we’re voting on will include 911 as well. Mr. Russell: That was the motion, sir. Mr. Johnson: Okay, thank you. Motion carries 10-0. The Clerk: FINANCE 29. Receive recommendation from the Administrator regarding a request from The Angelic Community Resource Development, Inc. for city financial sponsorship of the Barber & Beauty Bar-B-Que. (Deferred from the Commission April 1, 2008 meeting) Mr. Mayor: Mr. Russell. Mr. Russell: Mayor, if I may, this is one of those wonderful requests and it’s require a great deal of thought and process on my behalf. A wonderful cause, a great cause to help breast cancer awareness, screening they’ve got a wonderful program. Initially they asked for $2,000 for us to donate that towards them. We’ve been able to work out $1,000. We would give them $1,000 for grills and other equipment that would be used for the bar-b-que and that would then be used as prizes for the raffles that they would be having there. While it trespasses a little bit on what my recommendation would be not to fund any of it as I’ve said when this first came up I didn’t want to give them any money. You directed me to come up with a, an agreeable program that met the standards that we have. I think we would be drafting them a letter that that they would be serving to recognize to continue to move forward with the spirit of Augusta, working with the citizens and those communities that are most affected by breast cancer. And I think our lawyer will be able to draft a letter to that effect that would keep us all happy and move forward with that. Funds are available in Commission Other and we’d like to go ahead and recommend it. Mr. Mason: Motion to approve. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. Commissioner Hatney. Mr. Hatney: Before I vote I just wanted the Administrator to know that my family reunion is meeting in July and we’re going to have a bar-b-que out at Lock and Dam. 59 Mr. Russell: Dr. Hatney, if you can bring us enough people to stay in our community I’m sure the other members of your commission will be more than willing to consider your request. Mr. Mayor: Commissioner Brigham. Mr. Brigham: I’m going to be here in April and I sure would like some bar-b-que too but I thought we had instructed you to make it in kind donation not a monitorial donation. Mr. Russell: We’ve been unable to locate the resources or whatever to make that in-kind possible. They’re not using our facility they’re using another facility and I worked very hard to make that happen. Mr. Brigham: I think if we’re going to anything than in-kind then we should vote against this because I think this is a bad precedent. Mr. Mayor: Okay, if there’s no further discussion commissioners will now vote by the usual sign. Mr. Brigham and Mr. Bowles vote No. Motion carries 8-2. Mr. Mayor: Three more to go, ladies and gentlemen. How did y’all used to go to 11- o’clock at night? The Clerk: ENGINEERING SERVICES 30. Amend Contract with Heery International for Program Management Services to approve a 2-year extension, with optional third year, approve the billing rates for each year for the extension, and revise the fee distribution to align with the revised project list. This will extend the Contract to May 2010, with an Option to May 2011, and maintain managerial continuity through completion of the projects. Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, the Heery contract that was entered in 2004 directed them to provide us with assistance in our SPLOST projects, which they have been doing. They have been doing that through the beginning of the particular SPLOST year and as you know we’re getting very close to breaking ground on several of those projects as we speak. Let me share with you that the end amount of that contract is not changing. We contracted for them to get $7,082,354 as to a not to exceed amount. That contract number at the end will be the same as that. They do have increases as they have done in the past several per that contract of the billable hours that they have. But let me also share with you that we are at 25% of that billable issue at this particular point in time. We’ve only paid them $1.7 million dollars simply because the staff the Administrator the people we have working on those particular contracts are very tight with your money and we feel like we’re getting the best bang for our buck in this particular area. We 60 feel it’s necessary to continue the process. We’re down the road with them a right good ways. The only thing we’re doing is extending the length of time. We’re not extending the length of the dollars involved and I would recommend approval. Mr. Holland: So moved. Mr. Johnson: Second. Mr. Mayor: Commissioner Bowles. Mr. Bowles: I have a question for the Administrator. If we approve the Judicial Center to go under a Construction Management at Risk, why do we need another construction manager working on this at $1.4 million dollars? Mr. Russell: Those are once again not to exceed numbers. We’re looking at that. They represent me in all these meetings basically as we deal with the other construction managers. We internally to not have the, I don’t want to say we don’t have the expertise. We have a need we run these projects as quickly and efficiently and appropriately as possible. Mr. Bowles: That’s what Construction Management at Risk is. We’ve awarded that so there’s nothing else for us to do. Mr. Russell: I’m not to sure that I would be comfortable awarding --- Mr. Bowles: I’m not awarding $1.4 million dollars. Mr. Russell: I’m not sure that I would be comfortable awarding a contract even to the Construction Manager at Risk without having somebody else continue to look at that. Those are not to exceed numbers. So are numbers that are, that are still flexible as far as what they actually charge us. And as you can see based on the four-year service that they provided we’re pretty tight in making them do what they need to do. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. Mr. Russell, they are the overseers, correct? In other words overseeing at risk projects. They pretty much make sure that they don’t go far and beyond the guidelines or oversee or over go the boundaries as far as the time constraints and the budget as well? Mr. Russell: I think in a perfect world I would be able to do that. It’s not a perfect world and I do not the skills, abilities or time to be able to do that. They serve as our eyes and ears to make sure that we get the best bang for our buck in each of the projects we’re doing. And that’s what they do. They report to me weekly, report directly to me they help me make decisions I have to make as we continue to move forward with those projects. It’s easier for us to do it that way. I think it’s cost effective to do it that way and once again I would recommend that we continue that through these projects we’ve got being built. 61 Mr. Johnson: Now are they also in control of making sure the contract’s go out fairly as well? Mr. Russell: I’ve personally seen people work with the contractors but they do help with doing the specs and making sure I’m helpful in making sure we get what we need out of the building. Mr. Johnson: Thank you. Mr. Mayor: Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. I think due to what we’ve heard from the president of the library board today and also some information that I received today this needs to go before a committee and be discussed before we vote on it. Mr. Mayor: Commissioner Mason. Mr. Mason: Yes, Mr. Mayor, thank you. Um, we’ve voted on a number of projects and I can really bring up the Judicial Center as an example, which was a contentious item for a long period of time and we were able to go ahead and move on that project. And one of the concerns that I brought out if we recall was who is minding the store for the government. And I was assured at that time that Heery was doing a credible and admirable job and that would, we would not have any issues with them overseeing the store hence my vote as a yes on that judicial project in part because of thy assurances that I received from this body in terms of Heery in what they were able to do for us. So I’m a little concerned now that there’s some hesitation and I would just move that we go with the Administrator’s recommendation and move this project, move this agenda item forward. Mr. Mayor: Okay, we actually have a motion and a second to approve. Commissioner Grantham. Mr. Grantham: Thank you. I’ve got a couple of questions that I’d like to ask the Administrator. You’re asking for an extension of time but not and extension as far as the amount of dollars in the agreement with Heery? Mr. Russell: Yes, sir. Mr. Grantham: With that being said then what you’re saying is that we have an agreement contract with Heery to monitor all of our SPLOST programs, construction projects that we have ongoing as well as those within SPLOST V that were approved. Is that correct? Mr. Russell: We’re working through SPLOST V, yes, sir. Mr. Grantham: Okay, all right. My next question then is they would not finish their project work on SPLOST V as I read this recommendation until possibly 2011 and we have a 62 potential SPLOST VI coming up in 2009 then are we going to go out on bid for all the projects in, I mean SPLOST VI or we going to stay with Heery and extend, continue to extend that contract in order to do those projects. Mr. Russell: It would be my recommendation that when we begin SPLOST VI prior to the implementation of that that we do out for bid for a project manager for that. It would be my recommendation that we continue through the series of SPLOST V that we’ve had on board to do that and that we review that. Because I think the competitive nature of the bidding process is important but I believe you start that with a SPLOST VI program, which you move forward with and you start a new, potentially with a new company. Mr. Grantham: That was the purpose of my question to make sure we have that understanding. We’re not overlapping within the SPLOST program based on a project manager. We’ve gotten in trouble with this before, Mr. Mayor, that we still working against SPLOST III and SPLOST IV with projects that have not gotten on board and not gotten completed. So if we’re going to do this then the responsibility should lie with those that are the project managers and I would like to know the reason why we have not started some of those projects and why is it going to continue to carry us into 2011 based on SPLOST V projects. Mr. Russell: As you know we’ve had several different issues with several different projects some of which are created by the time frame that we deal with and some of which are created by our inability to make decisions on how to move forward. Those decisions are you know based on where we place things, those decisions on how we do things and how we move forward with that. We are moving rapidly. We closed SPLOST I, which was open for twenty some I believe. And we’ve got that done at the request of Commissioner Brigham who applauded appropriately and he’s given me a hard time as are some of you to make sure we get II cleaned up and finished. But I think we’re moving together now. We’re moving fairly rapidly and I think as a team we’re going to be able to get these things done. I anticipate breaking ground on three of these major projects this year if we continue to move at the rate we’re going. And this contract is part of that. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Russell, so you’re telling me that we have plenty of money in this contract. We have enough money that we can give them a pay raise and extend the length of time. And somehow that just don’t make sense to me. I sure would like to go to your school of mathematics because my finances could use it. Mr. Russell: If I could respond to that. What I’m telling you is that the flat fee is $7 million dollars plus and we’re going get that done, and we’re going to be able to save some money on that at the end of the day. We’ve only paid them 25% of that at this particular point in time. Mr. Brigham: I was looking for us to see us a bonus to get this think completed before 2009 is what I would much prefer to see. 63 Mr. Russell: Then I’d be willing --- Mr. Brigham: I think some of the commissioners sitting up here would prefer to see that and with that I’ll make a recommendation that we refer this back to the Engineering Services Committee in the form of a motion. Mr. Mayor: A substitute motion? Mr. Brigham: A substitute motion. Mr. Grantham: Second. Mr. Mayor: We have a substitute motion and a second. Okay, I believe this has been thoroughly discussed. If there’s no more discussion commissioners will now vote using the substitute sign of voting. And the motion is to refer it back to Engineering Services. I don’t know what’s going to happen here. Ms. Beard, Mr. Johnson, Mr. Mason, Mr. Holland and Mr. Hatney vote No. Motion ties 5-5. The Mayor votes No. Motion fails 5-6. Mr. Mayor: I’m going to take the recommendation of the Administrator and vote No. Okay, y’all mark that down. See how good that looks up there. I think y’all need to give me a vote just to see that up there that much more. All righty, there’s a primary motion on the floor. And now the commissioners will vote by the usual sign of voting on the primary motion to approve. Mr. Bowles, Mr. Jackson, Mr. Smith and Mr. Grantham vote No. Mr. Brigham abstains. Motion fails 5-4-1. Mr. Mayor: Well, I guess no action taken. Mr. Russell: Mr. Mayor, I might need some direction at this point from the commission - -- Mr. Mayor: Mr. Administrator. Mr. Russell: --- to continue. Mr. Mayor: And nothing --- Mr. Hatney: You keep on working. Ain’t nothing changed. Mr. Brigham: Keep on working at the same price. 64 Mr. Grantham: That’s right. Mr. Russell: Okay. Thank you. Mr. Mayor: Madam Clerk, next agenda item. The Clerk: ENGINEERING SERVICES 31. Approve award of contract for Elevator Maintenance at the Municipal Building (Hydraulic Elevators only), LEC and Charles B. Webster Detention Center to the low bidder, Premier Elevator. The contract is for one year, with two additional one-year renewal options. Ms. Beard: Move for approval. Mr. Grantham: 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. The Clerk: ENGINEERING SERVICES 33. Authorize the Engineering Department to approve Supplemental Agreement Six (6) with PBS & J in the amount of $162,164 for the engineering and design of the high mast street lighting for the Wrightsboro Road/I-520 interchange as part of the improvements to Wrightsboro Road from Jimmie Dyess Parkway to I-520, ARC#323-04-296823309. Funds will be transferred from the project Right of Way account to the project Engineering Account. GDOT advised on November 16, 2007 that the estimated $11.6 million construction cost will be added to the Wrightsboro Road project. Mr. Grantham: Move to approve. Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign of voting. Motion carries 10-0. Mr. Mayor: Can I not add my one to make that unanimous plus one? The Clerk: I put you down. 65 Mr. Mayor: Madam Attorney, I believe you said we need a short and I do stress short legal session. Ms. Johnson: Yes, sir, regarding pending and potential litigation. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel ADDENDUM 40. Motion to go into a Legal Meeting. Mr. Mayor: Can I get a motion to that affect? Ms. Beard: So moved. Mr. Mayor: We have a motion to go into Legal to cover pending and potential litigation. Is there a second? Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Bowles and Mr. Grantham vote No. Mr. Brigham not voting. Motion carries 7-2. [LEGAL MEETING] Mr. Mayor: I’ll go ahead and call the meeting back to order. Okay, I look for a motion to reopen agenda item number 24. ADMINISTRATIVE SERVICES 24. Approval for Augusta to enter into a contract with the Pollock Company to be the service provider for “Copier Management Service” for the City of Augusta. Mr. Grantham: So moved. Mr. Hatney: Second. Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual sign of voting. 66 Mr. Brigham and Bowles out. Motion carries 8-2. Mr. Mayor: Okay, can I get a motion on this agenda item? Mr. Hatney: So moved. Mr. Grantham: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Brigham and Mr. Bowles out. Motion carries 8-0. 43. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s open meeting act. Mr. Mayor: We need a motion to authorize execution by the Mayor of the affidavit of compliance – Mr. Hatney: So moved. Mr. Mason: Second. Mr. Mayor: --- with the open meeting act. We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Brigham and Mr. Bowles out. Motion carries 8-0. Mr. Mayor: With no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on April 15, 2008. ______________________________ Clerk of Commission 67 68