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HomeMy WebLinkAboutCommission Meeting February 19, 2008 REGULAR MEETING COMMISSION CHAMBER FEBRUARY 19, 2008 Augusta Richmond County Commission convened at 2:03 p.m., February 19, 2008, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Smith, Mason, Grantham, Hatney, Beard, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hon. Holland, member of Augusta Richmond County Commission. The invocation was given by the Reverend Norman V. Carter, Pastor Green Grove Missionary Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Reverend Norman V. Carter, Pastor Green Grove Missionary Baptist Church is Chaplain for the Day for his civic and spiritual guidance demonstrated throughout the th community serves as an example for all of the faith community. Given under my hand this 19 day of February 2008. Thank you for that wonderful prayer. On to the recognitions. The Clerk: RECOGNITION(S) 2008 Miss Teen Georgia A. 2007-2008 Miss Teen Georgia, Seretha M. Sherrod. (Requested by Commissioner Alvin Mason) Mr. Mason: I think I can do it without a mike. Can everybody hear me? We’re here today to award, reward whatever terminology you want to use for this. In the military terminology we call it High Speed Individual. She has exemplified what it means to be a good not only academic student, a good daughter but she has so many extra curricular activities that she goes through and that she’s involved in. And many times we hear about our young people and all the negative things that go on with our young people. But here stands Seretha Sherrod to show you that we have young people out in the community that are doing positive things and we want to make sure she’s awarded and recognized for the good that she’s done. Not only is she Miss Teen of Georgia, not teen of Richmond County but teen of Georgia and I think that deserves a round of applause all by itself. (APPLAUSE). The Mayor does have a proclamation, ah, yes, Mom and Dad, by all means. Mr. Mayor: Before I present the proclamation I just want to say what a wonderful ambassador for our city Seretha is as she travels around Georgia. I’m extremely pleased to make this recognition. Proclamation. In recognition of Seretha Sherrod. Whereas Seretha Sherrod was crowned Miss Teen Georgia 2007-2008 and is the new state title-holder she is eligible to 1 compete for the national title of Miss Teen of America in November. And whereas Seretha Maicia Sherrod is the daughter of SFC Retired Richard and Luretha Sherrod Sr., and whereas Seretha competed among 60 other candidates in the Miss Teen of Georgia Scholarship Pageant th July 13-15 2007 in Macon Georgia and Wesleyan College. And whereas the candidates scored in six judging categories including scholastic record, achievement and service, personal development, general awareness test, poise and personality and an interview. Ms. Sherrod received a $1,000 cash scholarship and $1,000 US Savings Bond. And whereas Seretha is a senior at the Academy of Richmond County and is currently in the international baccalaureate program and is a member of numerous organizations such as Beta Club, Bible Club, National Honor Society, Academic Decathlon, Paine College Upward Bound and the Governors Honors Program just to name a few. And whereas Seretha attends Fleming Baptist Church and sings in the adult choir some of her hobbies include cheerleading, volleyball, soccer, surfing the Internet, photography and helping others. I don’t know how you had the time to get here. And whereas Seretha has given inspirational speeches to the rising freshman class at The Academy of Richmond County and to the fifth grade class at Hillcrest her short term goal in life is to graduate with honors for The Academy of Richmond County and major in free optometry and moderate business management at Valdosta State University or Agnes Scott College and I’m hoping that she’ll be Mayor one day too. Whereas Seretha realizes that her title Miss Teen of Georgia requires more than just a single person it requires the support of the community, leaders, students, parents and the State of Georgia collectively. And now therefore I Deke Copenhaver th the Mayor of the City of Augusta do hereby proclaim February 19, 2008 as Seretha Sherrod day in Augusta Georgia and urge all citizens to recognize and support the efforts of this young lady to make a difference in the lives of others. Congratulations. (APPLAUSE) Ms. Sherrod: Good Afternoon. Please excuse me, I’m a little hoarse. We just got back from our region games. But um, well as they say my name is Seretha Sherrod and I attend the Academy of Richmond County, I’m a senior and hopefully looking forward to graduating this th May the 28. But um first if y’all don’t mind me somewhat going by the list. I would like to thank the Mayor for inviting me here today and for you people coming and supporting not only me but the great City of Augusta. First I would to say as I look upon our Mayor, our Commissioners and all of our leaders we are heading into a very prosperous year of 2008. With the guidance of God and our leaders who find a common goal to work towards we as the citizens of Augusta are putting our best foot forward towards a brighter day. Now it was the competition to inform you all. Being in the Miss Teen of Georgia State Pageant with a scholarship and recognition competition it was not based on beauty it was not just based on academics. It was based on all of the above. It was more of who is the best well around. Who can represent their state not just one individual on one side or the other. In our competition there was sixty-one candidates including myself and we all when we were at the competition it wasn’t competitive it was more like a family. We became closer than just friends we became sisters at the competition. If I saw that a person had a weakness than I would help them. If they thought I had a weakness they would help me and that was just an amazing feeling at the competition because usually you would be so much competitive or so many people being competitive that you really you lose the interest of being in the competition because where’s the fun if you’re being so competitive. And that’s one key of the competition we anchored in having fun in supporting each other and being there for each other. The competition consisted of six different categories, which included an interview, which was twenty-five percent, the highest amount. We had three 2 resumes we turned in the day that we got there so it wasn’t like I say it wasn’t based on beauty or talent it was based on knowledge, your capabilities what you did for your community, the service at your school and then you had the interview, your poise and personality, your individual talents. For instance like writing. I do creative writing and I’m pretty good at it. The competition just opened my eyes to see that not everybody well, this competition is one that is open for most girls in school that don’t see the, or do not have self esteem, a high self esteem of themselves because maybe they’ve heard all their life well you’re not good enough to be in a pageant. This competition or this pageant, I should stop calling it a competition because this pageant it shows that you don’t have to be the prettiest girl at your school to win. You don’t have to be the prettiest girl at your school to get high grades, to receive honors, to be looked upon as a role model for other people. Just be yourself your personality will outshine anything and putting God first will definitely put you upon others. That’s how I feel about the Miss Teen of Georgia pageant but I will be competing for Miss Teen of American in November of this year and also I will be passing down my title as Miss Teen of Georgia in 2009 because it’s a two-year competition there. But once again I thank all of y’all for being here supporting me and thank most of y’all for allowing me to come. (APPLAUSE) Mr. Mayor: I would say the future of our city definitely looks bright. Madame Clerk, if we could go on to the consent agenda, please. The Clerk: Yes, sir. Our consent agenda consists of items 1-48, items 1-48. For the benefit of any objectors to our Planning petitions I will read those petitions. If there are any objectors would you please signify your objection by raising your hand? Item 1. Is a petition for a Special Exception for property located at 4136 Elder Drive. Item 2. A Special Exception affecting property located at 2201 Sunny Day Drive. Item 3. Is for a Special Exception for property located at 302 Walker Street. Item 4. Is a change of zoning from a Zone A (Agriculture) to a zone B-2 (General Business) affecting property at 1209 Roy Road. Item 5. Is for a change of zoning from a B-2 (General Business) with conditions and a Zone R- 3B (Multiple-family Residential) to a Zone R-3B affecting property at 2125 Bayvale Road. Item 6. Is for a Special Exception. Item 7. Is a Zone A (Agriculture) to a Zone B-1 (Neighborhood Business) at 2158 Tobacco Road. The Clerk: Are there any objectors to those Planning petitions? No objectors noted. Under our Public Services portion of the agenda for the alcohol petitions if there are any objectors would you please signify your objections by raising your hand as the item is called. Item 8. For an on premise consumption Liquor, Beer and Wine license to be used in connection with Rehab located at 913 Broad Street. Item 9. Is for a Liquor, Beer & Wine license to be used in connection with Somewhere Restaurant Concepts in Augusta at 2107 Washington Road. The Clerk: Are there any objectors to those alcohol petitions? There are no objectors noted, Mr. Mayor. 3 Mr. Mayor: All righty do we have, I like asking this question on this agenda. Do we have any additions to the consent agenda? Nobody wants to consent one of the three items? Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. In looking at the three items you’re referring to I think we could consent item 49 and 51. Mr. Mayor: Okay. Do we have any items, Commissioner Hatney. Mr. Hatney: I really don’t have a problem with 51 per se but the young man, wasn’t that the same fella we just asked to leave another group and put him back on another one? Mr. Grantham: Yeah. Mr. Mayor: Do we want to discuss this or --- Mr. Hatney: I was under the impression that this particular slate should be done by the entire commission rather than by an individual. I didn’t know the man so I’m not that opposed to him. I’m just talking about the process. I was under the impression it was supposed to be done by all of us. Mr. Mayor: Ms. Johnson. Ms. Johnson: The Code of Ordinances generally says the commission shall make appointments. That’s all it says. Mr. Hatney: This is a different group. Mr. Mayor: Okay, Commissioner Brigham, this was your --- Mr. Brigham: Mr. Mayor I just, we had some vacancies on the Board of Health and I placed some names and nominations. I don’t care whether it’s consented or not. It makes no difference to me. If there’s anybody else that wants to be nominated I don’t have any problem with that either. Mr. Mayor: Okay, well, I don’t think we’ve got unanimous consent to put that on the consent agenda. Okay, so that is item 49 added. Do we have any items to be pulled for discussion? ADDENDUM 52. Authorize payment to Atlanta Gas Light Company for relocation of a 12” high- pressure steel gas main in three locations to allow installation of the new Main Interceptor sewer pipe. 4 Mr. Brigham: Mr. Mayor, do we want to take this addendum? If you do I’d like to motion we add that and add it to the consent. make a Mr. Mayor: Okay. The Clerk: Can I get a second? Mr. Mayor: Do we have a second? Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Is it the usual sign though or still the unusual sign having to use a remote control? Motion carries 9-0. Mr. Mayor: Okay, now do we have any items to be pulled for discussion? Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. I would like to pull item number 7, please. Let’s get some discussion and a stipulation added on to that, please. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: I need clarification on item 17 from the Clerk. I believe the motion should rule that the raise of the retirees be retroactive to 1-1-2008 in the minutes of the Finance Committee meeting. Mr. Grantham: That’s correct. The Clerk: Mr. Bowles can we check that for you. I don’t --- Mr. Hatney: Which item? Mr. Mayor: This is --- Mr. Bowles: That’s on item 17. Mr. Mayor: --- on 17. Mr. Bowles: Mr. Mayor, I’d like to make that a part of this motion at this time if that’s possible or if I have to pull it I’ll pull it. Mr. Grantham: Second. To make it retroactive, The Clerk: Mr. Bowles? 5 Mr. Bowles: Yes, ma’am, ‘till 1-1-2008. Mr. Mayor: Okay, do we have any further items to be pulled for discussion? Mr. Hatney: Mr. Mayor, I don’t want --- Mr. Mayor: Commissioner Hatney. Mr. Hatney: --- to pull item 20 I just wondered if my colleagues would allow that rather than to stop it at Eve to go to Milledge as was requested originally. Because it was requested to go to Milledge in the original presentation and here it stops at Eve. I was wondering if they could just allow that to go that distance because it’s part of the whole you know it was (unintelligible). Mr. Mayor: Does anybody have a problem with that? Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: I believe this is the way it passed committee and if we’re going to do anything else, we need to pull it because I’m not going to change. In my opinion I don’t think it needs to go to Milledge. The Clerk: Do you want to pull it? Mr. Hatney: We’ll pull it. Mr. Mayor: Okay. Do we have any further items to be pulled for discussion? Hearing none, I’d look for a motion to approve. Mr. Grantham: So moved. Mr. Mason: Second. CONSENT AGENDA PLANNING 1. Z-08-13 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Meybohm Realtors, on behalf of Jerry Greenway, requesting a Special Exception in an R-1C (One-family Residential) Zone per Section 8-2 (e) to place a sales trailer in Elderberry Subdivision affecting property containing approximately .26 acres and is known under the present numbering system as 4136 Elders Drive. (Tax Map 066 Parcel not assigned yet) DISTRICT 3 2. Z-08-14 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Meybohm Realtors, on behalf of Jerry Greenway, 6 requesting a Special Exception in a R-1A (One-family Residential) Zone per Section 8-2 (e) to place a sales trailer in the Orchards Subdivision affecting property containing .42 acres and is known under the present numbering system as 2201 Sunny Day Drive. (Out of Tax Map 181 Parcel 003-01) DISTRICT 8 3. Z-08-16 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Ayercorp, on behalf of Thankful Baptist Church, et. al., requesting a Special Exception to improve and bring into zoning conformance, including day care activities, an existing church per Section 26-1 (a) affecting property consisting of multiple tax parcels and containing 1.87 acres. The main address for Thankful Baptist Church is 302 Walker Street. (Tax Map 047-4 Parcels 337, 336, 335, 333, 338, 339, 353, 354, 330, 329, 328, 327 & 326) DISTRICT 1 4. Z-08-18 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Chuck Candler, on behalf of Candler-Duncan Construction LLC, requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting property containing approximately .46 acres and is known under the present numbering system as 1209 Roy Road. (Tax Map 030 Parcel 025) DISTRICT 1 5. Z-08-19 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that a 20 foot buffer conforming with the Augusta-Richmond County Tree Ordinance rear yard requirements be constructed and maintained along the northeast property line adjacent to the rear property line of the Bayvale Road residents; a petition by Slivon Properties LLC requesting a change of zoning from Zone B-2 (General Business) with conditions and Zone R-3B (Multiple-family Residential) to Zone R-3B affecting property containing approximately 11 acres and is known as 2125 Bayvale Road (Tax Map 055 Parcel 006-01) DISTRICT 5 6. Z-08-15 – A request fro concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Joe Gulino, on behalf of Bill Beazley Homes Inc., requesting a Special Exception in an R-1A (One-family Residential) Zone per Section 8-2 (e) to place a sales trailer in Southhampton Subdivision affecting property containing approximately .33 acres and in known under the present numbering system 2538 Inverness Drive. (Tax Map 153-3 Parcel 012) DISTRICT 4 PUBLIC SERVICES 8. Motion to approve New Ownership Application: A.N. 08-10: request by Richard W. Iannacone for an on premise consumption Liquor, Beer & Wine license to be used in connection with Rehab located at 913 Broad Street. There will be Dance. District 1. Super District 9. (Approved by Public Safety Committee February 13, 2008) 9. Motion to approve transfer Application: A.T. 08-3: request by Lewis Blanchard to transfer the on premise consumption Liquor, Beer & Wine license used in connection with Somewhere Restaurant Concepts, LLC DBA Somewhere in Augusta located at 2701 Washington Rd. to 2820 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee February 13, 2008. 10. Motion to approve reinstituting route 12 Augusta Mall for a 90-day period and then review the process to determine if the ridership is appropriate and additional funding can be identified; Motion to approve the route study. (Approved by the Public Service Committee February 13, 2008) 7 11. Motion to approve a Professional Services Agreement for RFQ 07-179, Boundary Topographical Survey & Master Planning Services for Valley Park to W.R. Toole Engineers, Inc. for $8,600. (Approved by Public Services Committee February 13, 2008) 12. Motion to approve Amendment No. 1 to Studio 3 Design Group’s Architectural Contract for the New Main Library. (Approved by Public Services Committee February 13, 2008) ADMINISTRATIVE SERVICES 13. Motion to approve tasking the Administrator to approach and work with the CVB to fund the 2009 National Science Olympiad being hosted by Augusta State University as much as they can and then come back to the city for funding either in a monetary or in- kind services form. (Approved by Administrative Services & Finance Committee February 13, 2008) 14. Motion to approve the titles and pay-grades of the ten positions approved by the Commission, on November 20, 2007, which were added to the AUD organizational structure for the purpose of operating and maintaining the Fort Gordon water and sewer system. (Approved by Administrative Services Committee February 13, 2008) 15. Motion to approve the appointment of Chiquita Johnson as General Counsel. (Approved by Administrative Services Committee February 13, 2008) 16. Motion to approve the amended and restated Local Small Business Opportunities Program effective March 3, 2008 and repeal in its entirety the Disadvantaged Business Enterprise Program, Cit Code of Ordinances, Sections 1-10-58 through 1-10-62, inclusive as well as Sub-section 1-10-6(f). (Approved by Commission in meeting February 5, 2008 – second reading) FINANCE 17. Motion to approve the $250.00 with the COLA for the select group of retirees under the 1945 Pension Plan and to change the method of funding to the 15-year level. (Approved by Finance Committee February 13, 2008) 18. Motion to approve the use of existing fund balance in fund 272 – Capital Outlay for budgeted projects. (Approved by Finance Committee February 13, 2008) 19. Motion to approve the recommendation of the Tax Assessor regarding a request from David Willis regarding a refund of taxes in the amount of $313.85 for the property located at 2805 Harwood Street. (Approved by Finance Committee February 19, 2008) 21. Motion to approve the purchase of 7 light vehicles for the Augusta Fire Department. (Approved by Finance Committee February 13, 2008) 22. Motion to approve the recommendation of the Tax Assessor regarding a request from Kathryn N. Channell regarding a credit of taxes in the amount of $1,615.28 associated with the property located at 974 Heard Avenue. (Approved by Finance Committee February 13, 2008) 23. Motion to approve the purchase of five Chevrolet Impalas for the Marshal’s Office. (Approved by Finance Committee February 13, 2008) 24. Motion to approve refund request from Board of Assessors. (Approved by Finance Committee February 13, 2008) 25. Motion to approve the recommendation of the Tax Assessor for three year abatement as allowed by state law of taxes in the amount of $931.70 regarding a request from 8 Roderick Pearson for the property located at 2504 Tara Heights. (Approved by Finance Committee February 19, 2008) 26. Motion to approve $374,556.00 for the Purchase of Sheriff’s Office public safety vehicles for 2008 from Capital Outlay funds. (Approved by Finance Committee February 13, 2008) 27. Motion to approve the purchase of one mid sized Hydraulic Excavator (Bid Item 07- 206) for the Solid Waste Facility. (Approved by Finance Committee February 13, 2008) ENGINEERING SERVICES 28. Motion to approve an Option for the purpose of acquiring easements between CD&F Interest, LLC. Sandhill Development, Inc., Estate of William F. Franke, Jr., H. Allen Strickland, Jr., and Robert R. Warr, as owners, and Augusta, Georgia as optionee, in connection with the 10151-630 Water Main, Phase II Project, for the purchase price of $22,439.00. 054-0-111-00-0 (1818 Barton Chapel road), 25,419 sq. ft. of permanent utility, access and maintenance easement and 25 sq. ft. of temporary construction easement. 054-3-003-00-0 (1048 Franke Industrial Park), 16, 094 sq. ft. of permanent utility, access and maintenance easement and 16,409 sq. ft. of temporary construction easement. (Approved by Engineering Services Committee January 30, 2008) 29. Motion to approve an Option for Right-of-Way between Richard S. Guinn as owner, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, for 0.011 acre (495.74 sq. ft.) in fee and 0.0005 acre (209.97 sq. ft.) of permanent construction and maintenance easement for the following property located at 2821 Brickrun Way for a purchase price of $28,850.00. (Approved by Engineering Services Committee February 13, 2008) 30. Motion to authorize condemnation of a portion of properties #051-0-099-00-0, 1710 Lincoln Avenue (2 plats), owned by Martrice M. Scott (deceased), for 12,411 square feet of permanent easement and no temporary easement. Also same owners, property #051-0-039- 00; 3930 Murray Street, no permanent easement, 422 square feet of temporary easement, related to 50130 Butler Creek Collector – Belair Hills Estates extension, 360 water main, Phases II. (Approved by Engineering Services Committee February 13, 2008) 31. Motion to authorize condemnation of a portion of Property #051-0-098-00-00, 3981 Ruth Street owned by Pioneers, Inc., for 1,464 square feet of Permanent Easement and 722 square feet of Temporary Easement, Utilities Department (AUD) Project: 50130 Butler Creek Collector – Belair Hills Estates Extension, 360 Water Main, Phase Two. (Approved by Engineering Services Committee February 13, 2008) 32. Motion to approve and accept CSX-058080 Pipeline Agreement and to pay license fee and risk insurance fee. (Approved by Engineering Services Committee February 13, 2008) 33. Motion to authorize RFP for selection of a developer and approval of a development agreement for design and construction of the TEE Center and approval of Transportation and Tourism Fee Ordinance for Heritage Area Development with the following language changes: For fifty (50) years following implementation of these provisions, unless extended thereafter, $750,000.00 per year of the funds generated shall be allocated to the enhancement of the Laney Walker and Bethlehem Heritage District, and under Fund Uses, 9 The Committee shall fund rather than the word address. (Approved by Commission in meeting February 5, 2008 – second reading) 34. Receive as information the execution of an easement by Augusta, Georgia to Augusta National, Inc. pursuant to Resolution of Augusta Richmond County Commission dated May 4, 1999. (Approved by Engineering Services Committee February 13, 2008) 35. Motion to approve Change Number Five (CPB #324-041110-201824117) in the amount of $156,000 funds from SPLOST Phase V Recapture. Also, transfer $156,000 to Project Construction for the East Boundary Street and Drainage Improvements Project and approve Change Order Number One with Mabus Brothers Construction in the amount of $506,000 as requested by the Engineering Department. (Approved by Engineering Services Committee February 13, 2008) 36. Motion to approve and accept a Deed of Dedication and Maintenance Agreement for the water and sanitary sewer pipelines/systems in Elderberry, Section 3. (Approved by Engineering Services Committee February 13, 2008) 37. Motion to authorize award of bids for Pre-purchased of Vertical Turbine Pumps and the associated equipment (Bid Item #07-204) for the Goodrich St. Raw Water Pumping Station Project – Phase I to the lowest responsive bidders. (Approved by Engineering Services Committee February 13, 2008) 38. Motion to authorize the execution of an agreement with Georgia Power Company for Emergency Generators and Distribution System Equipment for the James B. Messerly WPCP in an amount estimated not to exceed $6,100,000. (Approved by Engineering Services Committee February 13, 2008) 39. Motion to approve and accept a Deed of Dedication and Maintenance Agreement for the water and sanitary sewer pipelines/systems in Pinnacle Place, Phase 6, Section IV. (Approved by Engineering Services Committee February 13, 2008) 40. Motion to approve and Option for Right-of-Way between Conrad C. McMullan, as owner, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, for 0.010 acre (445.96 sq. ft.) in fee and 0.005 acre (209-97 sq. ft.) of permanent construction and maintenance easement (2803 Brickrun Way) for the purchase price of $28,100.00. GDOT Project No. STP-0001-00(794), ARC Project No: 323-04-296823215, Project Parcel 57 (Tax Map 013-1, Parcel 246) (Approved by Engineering Services Committee February 13, 2008) 41. Motion to approve an Option for Right-of-Way between Allison e. Simons, as owner, and Augusta, GA as optionee, in connection with the Alexander Drive Project, for acquisition of 0.010 acre (451.22 sq. ft.) in fee and 0.005 acre (209,97 sq. ft) of permanent construction and maintenance easement (2805 Brickrun Way) for a purchase price of $31,700.00, GDOT Project No. STP-0001-00(794), ARC Project No. 323-04-296823215), Project Parcel 56 (Tax Map) 013-1, Parcel 247)(Approved by Engineering Services Committee February 19, 2008) 42. Motion to approve an Option for relocation of business of Electrical Equipment Company (c/o Harry L. Albert, Jr.) for relocation expenses for moving due to the acquisition of 1441 Greene St. in connection with the St. Sebastian Project. GDOT Project No. DE-00MS(389), ARC Project No. 327-04-296812003). (Approved by engineering Services Committee February 13, 2008) 43. Motion to approve an Option for Right-of-Way between Michon D. Walker as owner, and Augusta, GA, as optionee, in connection with the Alexander Drive Project, for 0.011 10 acre (479.98 sq. ft.) in fee and 0.005 acre (209.97 sq. ft.) of permanent construction and maintenance easement for the following property located at 2815 Brickrun Way for a purchase price of $30,000.00. GDOT Project No. STP-0001-00(794), ARC Project No. 323- 04-296823215), Project Parcel 51 (Tax Map 013-1, Parcel 252) (Approved by Engineering Services Committee February 13, 2008) 44. Motion to approve resolution creating street lighting districts. (Approved by Engineering Services Committee January 30, 2008) 45. Motion to approve and accept a Deed of Dedication and Maintenance Agreement for water and sanitary sewer pipelines/systems in The Orchard, Section 1. (Approved by Engineering Services Committee February 13, 2008) PETITIONS AND COMMUNICATIONS 46. Motion to approve the minutes of the regular meeting of the commission held on February 5, 2008. APPOINTMENTS 47. Motion to approve the appointment of Ben Harrison to the Augusta Canal Authority representing District 10. 48. Motion to approve the appointment of Mary Terrell to the ARC Library Board and Dorothy Jones to the ARC Personnel board representing District 5. PUBLIC SAFETY 49. Ratify Grant Agreement awarded to the Augusta Fire Department by the Georgia Emergency Management Agency from the Department of Homeland Security. Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual sign. Mr. Hatney abstains. Motion carries 8-1. [Items 8-9] Mr. Brigham votes No. Motion carries 8-1. [Item 15] Motion carries 9-0. [Items 1-6, 10-14, 16-19, 21-49] Mr. Mayor: All righty, Madam Clerk, let’s go to the pulled items first. The Clerk: PLANNING 7. Z-08-08 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the following conditions 1) that beyond a line parallel to and 400 feet from the Tobacco Road right-of-way the only development shall be an office complex and 2) that a 20 foot buffer that conforms to the Augusta-Richmond County Tree Ordinance including a 6 foot solid board fence be erected and maintained on the property 11 line adjacent with properties in Sand Ridge Subdivision before any development occurs; a petition by Barlow Properties, on behalf of Maggie James, requesting a change of zoning from Zone A (Agriculture) to Zone B-1 (Neighborhood Business) affecting property containing approximately 3.4 acres and is known under the present numbering system as 2858 Tobacco Road. (Tax Map 129 Parcel 003) DISTRICT 4 (Referred from January 15 Commission meeting) Mr. Mayor: Commissioner Mason I believe this one was yours. Mr. Mason : Thank you, Mr. Mayor. Is Mr. Patty available? Good afternoon, Mr. Patty. We met with Mr. Barlow and his representative and we don’t have any problem with this particular agenda item. However the office building portion of it we have absolutely no problem with it. There was mention of a restaurant being put there but they didn’t know exactly at this before time what type of restaurant there would be. So we want some sort of stipulation to state any construction of a restaurant that they must come back through for us to understand what it is that they’re going to put there because we don’t know whether there’s going to be alcohol. We don’t know what type of anything at this point. We have absolutely no problem So I just want to make a motion that we add that with the office building at this time. stipulation in. Mr. Mayor: Okay. Mr. Patty: Did the applicant agree to that? Mr. Mason: Yes, the applicant is here. The applicant, want to step up? Mr. Patty: You’ll want to get that on the record. Mr. Mason: Please Mr. Barlow, or your representative. Mr. Mayor: Through the chair. Mr. Leitza, please. Mr. Leitza: We’re fine with that and completely understand. Mr. Mayor: Okay. State your name and address for the record. Mr. Leitza: Chris Leitza and my address is 3829 Honors Way Martinez, Georgia. Mr. Mayor: Okay, so you’re making that in the form of a motion, Mr. Mason? Mr. Mason: I am. 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. 12 Mr. Brigham: Mr. Mayor. Mr. Mayor: Excuse me. Commissioner Brigham. Mr. Brigham: Are we changing, is this zoning proper for a restaurant as we are changing the zoning to? Mr. Mayor: Mr. Patty. Mr. Patty: Yes, he’s asking for B-1. B-1 allows for a restaurant. It actually allows the restaurant to serve alcohol. Mr. Brigham: Then we’re saying that if he opens a restaurant he’s got to come back to get permission to open a restaurant in zoning that’s already been approved? Mr. Patty: That’s what he just agreed to, sir. Mr. Brigham: That to me sounds a little ridiculous. Why are we doing that to the public I don’t think that’s appropriate in any zoning to do that. If it’s used by a right I think we ought to allow it. I think we’re putting the public through unnecessary means. I understand what my fellow commissioner is trying to do but I don’t think it’s appropriate for us to do that. As a zoning issue I think we ought to be voting it up or down. I don’t think we ought to do a special stipulation that you got to come back and be re-approved because you want to open a restaurant. The classification of the zoning allows you to open a restaurant. You’ll have to come back to get a liquor license anyway but if you’re going to open a restaurant you can, if you open in a B-1 zoning than you ought to be able to open in a B-1 zoning. Mr. Mayor: Mr. Patty, did you? Mr. Patty: Georgia courts have upheld conditional zoning time and again and if the applicant’s agreed to it I don’t see what harm’s being done here. Mr. Brigham: I just think it’s bad precedence. That’s all I’m saying. Mr. Mayor: Okay. Well if there’s no further discussion commissioners will now vote by the usual sign. Mr. Brigham votes No. Motion carries 8-1. Mr. Mayor: Madam Clerk, next agenda item, pleases. The Clerk: FINANCE 13 20. Motion to approve the expansion of the boundaries of the Downtown Development Authority to Eve Street on the west, to Wrightsboro Road and to I-520 on the east. (Approved by Finance Committee February 13, 2008) Mr. Mayor: Commissioner Hatney. Mr. Hatney: The concern I had, it’s not that this is nothing. I’m not saying there’s anything wrong with stopping there but the idea is, is to move to Milledge whereas these services that are being rendered downtown these streetscapes andall that stuff got to go a little further . I guess you could call it, is that west or north, whatever it is. And that was the idea behind this because if you don’t do it today they’ll be back for the same thing. And I think we just ought to go on and let it be done. I don’t have no problem with that. I just think it should be. Mr. Mayor: Could we hear from somebody from the DDA. Is that, just to make sure that’s in compliance with what you’d like to do and if you could state your name and address for the record, please. Mr. Speaker: I’m Julian Roberts. I live at 1107 Peachtree Road. The DDA did vote to extend it all the way to Milledge Road. The intent of it is to just again to expand our capabilities and offerings to those neighborhoods. We had discussed some possible reduction of the territory at Eve Street. I will say the one issue with that though is that it does exclude, one of the things we want to do is be available for the Kroc Center if it indeed it does come to fruition. That actually excludes that at that location. Mr. Mayor: Okay. Mr. Roberts: The original intent was to just go ahead and include the whole neighborhood. Mr. Mayor: Would you like to put that in the form of a motion, Commissioner Hatney? Mr. Hatney: I would. Mr. Mason: Second. Mr. Mayor: Okay, we have a motion and a second. Commissioner Brigham. Mr. Brigham: Mr. Mayor, could I ask Mr. Roberts a couple of things because he agreed in committee the other day it included the Kroc Center and know he’s standing up here saying it don’t include the Kroc Center. And I don’t understand what changed between Wednesday of last week and Tuesday of this week. I don’t think the Kroc Center location has changed. Mr. Mayor: Mr. Roberts. 14 Mr. Roberts: Well, at the time we were discussing it was again it was, it wasn’t compromised or try to make it make sense. When we got to looking at actually drawing the map we were originally talking between Eve and Crawford. I’m thinking at the time Eve Street was included. When I went back to draw the map and looking at the territories I realized that actually still excludes it. So again it’s, it would leave that out and come back later. Again that was the original request just to include the whole neighborhood. The only thing we have opposing to it is I just hate to split the neighborhood in half. Of course we’ll yield to commission. Mr. Brigham: Mr. Mayor? Mr. Mayor: Go ahead. Mr. Brigham: I do not see and still do not see the business applications past Eve Street where it’s that much more that were adding to this with what we had in a bunch of residential areas in this district. I thought the purpose of this Development Authority was to develop commercial areas not residential areas. I have no problem at all including the Kroc Center wherever it’s located in this district if it’s located in an area adjacent to the existing district. I don’t think we need to go and include half the city that’s going to be residential and take in one or two businesses. I think that we’ve got plenty of development that can be occurring in the central business district, as it now exists. We’re not doing it we haven’t done it we’ve been at it for ten years and still haven’t done it. Until we get to where we are completely developed within the existing zone I don’t think we ought to include half this city. And that’s my opinion and I think I’m going to stick to it. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I would just like to add would it make a big difference if we added it in. I mean if it’s not going to be utilized for residential, I mean it’s not going to cost us any more to do it, right? I mean so it wouldn’t hurt anything to go and add it right? Mr. Roberts: Absolutely. I mean this not an attempt certainly to get into the residential business per se. This is just again utilizing our tools and having them be available in case they are needed. Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Ms. Beard: This is to approve it to --- The Clerk: Milledge Road. Mr. Brigham votes No. Motion carries 8-1. The Clerk: 15 FINANCE 50. Motion to approve additional funding request from the Downtown Development Authority. (No recommendation from the Finance Committee February 13, 2008) Mr. Mayor: Ms. Woodard, if you’d like to and, Mr. Roberts, if y’all like to speak to this agenda item. Mr. Roberts: Yes, we would. Mr. Mayor: And if you could state your names and addresses for the record. th Ms. Woodard: Margaret Woodard, 416 8 Street. Mr. Roberts: Julian Roberts, 1107 Peachtree Road. Mr. Roberts: We come here today asking for as we’d like to think of an investment, an additional investment in the Downtown Development Authority. I’ve been on the Downtown Development Authority since the year 2000 there about and work hard to understand the capabilities and it’s usefulness. I’ve been training three different times I’ve been to other cities to see how they work. I’m convinced it is a useful entity that should be leveraged. We were fortunate two and a half years ago after a very extensive search to bring on a professional, Margaret Woodard to help run the organization and we’ve also had some efficiency’s gained. Main Street for example. It used to be part of us or actually run with Margaret but has been merged into the DDA as we’ve got some efficiency’s. Since Margaret has been on board we’ve had tremendous success in getting programs moving forward and getting economic activities referred and going in the downtown district. Of course our primary function is to encourage economic revitalization in the downtown district. Probably Margaret’s biggest accomplishment last year was getting the BID District passed with a great set of volunteers. We now have a district in place as it’s going to raise $400,000 in private funds to help clean downtown and further secure downtown. She was involved along with the help of Karyn Nixon in the Mayor’s office and the Christmas light up spectacular in raising $75,000 in private funds and $120,000 in in-kind contributions. She’s been involved; we have been responsible for the Saturday Market on Broad for a number of years. It’s been our goal from original to make it a privatized event. We have taken it from a contribution of $50,000 from the city, we’re down to $25,000 next year and then last year we got no money from the city. I’m proud to say that the entity now standing on its own feet and actually ended up with more money in the bank this year than when it started. So that has become privatized. Margaret has gone out and raised private money for a website. She has raised, she applied for and got a TEE Grant for $450,000 for the train deport. She was also awarded a TEE Grant for the streetscape improvements on James Brown Boulevard. We’ve worked hard to allocate our SPLOST money and one of the projects we’re working on right now th is going to be a great project. It’s going to be a streetscape demonstration project on 10 Street. Once that’s done it’s going to be a tremendous time spent and it’s going to be a great standard for moving forward in doing these types of projects. But all of these projects we are taking our investments and resources and leveraging those. The problem is, is that in the time I’ve been on the board we have never ever had an increase. We have a $154,000 budget and after you pay 16 salaries, you pay rent and all of the necessary items we only have roughly $30,000 in disposable money to do projects with. And that’s really not much to anything with of substance. We’ve done a lot with it but I believe having more resources available will leverage this. I’ve been to Savannah and all these other, Chattanooga, Columbus and seen how they do things and Savannah for example has a $600,000 budget. In fact ten years ago they had a $300,000 budget so we’re really behind. They have six people on staff down there. When you walk in it’s just a very professional run. It is a type of entity that developers can come in and utilize. So I’d like to see us come to that level or raise to that level. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. Since Mr. Russell’s not here I’ll ask Ms. Allen. Where’s the money coming from? Ms. Allen: Contingency. Mr. Bowles: Thank you. Mr. Mayor: Commissioner Beard. Ms. Beard: Mr. Mayor, I must say DDA did an excellent job last year. And maybe they didn’t receive funds because very little was being done. But many good things happened last rd year and we expect more because she’s now working with the 3 level of the canal, trying to get enough funds to do James Brown Boulevard and as we see needs throughout the historic section as well as the business district we’re doing what we can and we’re making a difference. And so that’s something different for Augusta and she has very little to work with. Mr. Mayor: Commissioner Johnson. Mr. Johnson : Thank you, Mr. Mayor. I agree with that. I think that being that the motion to go ahead budget has been so, hasn’t been actually revised since 2000 we can make a and try to get the funding for them to complete some of the thingsthat they need to get done. I agree that they have been doing some wonderful things in the last year that I noticed and I would like to see these things continue. Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. Commissioner Mason. Mr. Mason: Yes, thank you, Mr. Mayor. What is the dollar value or figure we’re talking about in terms of the additional funding? Mr. Johnson: Fifty thousand dollars. Mr. Mason: Fifty thousand dollars. 17 Mr. Mayor: Commissioner Brigham. Mr. Brigham: I have several questions. First I’m going to start with Ms. Allen. $50,000 on the bus route. Where did that come from that we just spent? We spent $50,000 adding a bus route for 90 days. Didn’t that come from Contingency? Ms. Allen: I think so, Commissioner. Mr. Brigham: We only had $100,000 in Contingency or something like that. Ms. Allen: Let me check that, please. I’ll get back to you. Mr. Brigham: I would be concerned even if it was a half million dollars. I’d still be concerned because we’re spending 20% of it this afternoon. The other thing is while we have a request for $50,000 we have no budget, we have a number of agencies that would love to have $50,000 added to their budget in this community. Now I don’t think that we ought to be going into our Contingency without a plan to spend the $50,000 that everybody’s agreeable upon. There has been presented to this commission no budget and therefore we should not go in and take what precious few dollars we have in the Contingency. And we have ten more months to make this year and to live out of Contingency and we’ll have a lot of requests come our way gentlemen and ladies. This is nothing unusual. So I am very much opposed to just raiding our Contingency account this early in the year. Mr. Mayor: Okay. Is there any further discussion? Mr. Brigham: I never did get an answer on our Contingency. Ms. Allen: I’d have to go look up the exact number but it’s probably close to $400,000. Mr. Bowles: What part of the budget is it in? Ms. Allen: It’s in General Fund. Mr. Bowles: What page? Mr. Mayor: Commissioner Bowles with his handy dandy laptop. Mr. Grantham: Mr. Mayor. Mr. Grantham: I’m going to go back to the question raised a moment ago in regards to the Transit Department as is we got it out of Contingency but in the previous years we have funded the short fall of the Transit Department through the General Funds. And with that being done is there additional funding in that right now in other areas instead of our Contingency that these funds could come from. 18 Ms. Woodard: Nothing comes to mind, no. Now the Administrator mentioned something in the Finance Committee. He indicated he had some correspondence from another agency that they, Planning and Zoning that they perhaps would not need what was allocated to them in its entirety. But typically what happens with that is we put it back into Contingency and then we’ve got a regular procedure of using it. Mr. Grantham: Well, I’m going to put a plug in if you don’t mind. In addition I think we should all look at this one-cent sales tax on local option sales tax. It’s going to help our transit department and all of these others alleviating some of these problems that we could have in the future and I’m going to continue to pitch on that and get on my soapbox when I can. Mr. Mayor: And thank you for that shameless pitch, Commissioner Grantham. I agree with you completely. You know I’m on the board of the Georgia Municipal Association and anything we can do we’re advocating it at state level to give us more options. Mr. Roberts. Mr. Roberts: I’m going to add as well. I don’t look at this as a flat expense. This is an investment that’s going to be leveraged to produce greater activity in downtown and Margaret Woodard has worked tirelessly and I believe she will be able to use this to this good. Mr. Mayor: Okay. Commissioner Hatney, then Commissioner Beard. Mr. Hatney: Call for the question. Mr. Mayor: Okay, the question has been called for so Commissioners will now vote by the usual sign. Mr. Brigham and Mr. Jackson vote No. Motion carries 7-2. Mr. Mayor: Okay, Madam Clerk, what I believe is the final agenda item. The Clerk: APPOINTMENTS 51. Motion to approve the appointment of Rosa Clemons and Dave Barbee to the Richmond County Board of Health. (Requested by Commissioner Jerry Brigham) Mr. Mayor: Commissioner Hatney, I believe this was your pull. Mr. Hatney: I had it pulled, I really didn’t want to but I was under the impression and I may be wrong with that but these appointments are, were supposed to be done by the commission itself and if that was the case or is the case it would’ve been good for whoever put these on to kind of run these names by the rest of the commissioners so we would’ve known up front who was going to be recommended. This is not a, these are two appointments should not, this appointment is a commission appointment. That’s my only concern. I don’t even know Dave Barbee so I don’t have a problem with it. I don’t even know him. But I do know Rosa 19 Clemons. I would have felt better had somebody said well look I’m going to recommend your name. These two here, are there any left, Mr. Brigham? Mr. Brigham: Yes, sir. Mr. Hatney: Some more left? Mr. Brigham: I was trying to fill the two that were vacant. There’s plenty more left. Mr. Mayor: Can I get a motion on this? Mr. Grantham: Motion to approve. Mr. Bowles: Second. Mr. Mayor: We have a motion and second. Is there any further discussion? Commissioners will now vote by the usual sign. Mr. Johnson and Mr. Mason vote No. Ms. Beard abstains. Motion carries 6-2-1. LEGAL MEETING A.Pending and Potential Litigation. B.Real Estate C. Personnel. Mr. Mayor: Madam Attorney, do we have as that’s disposed of our other agenda, do we have need for a legal session? Ms. Johnson: We do. We have a real estate matter, personnel matter as well as a litigation matter. Mr. Hatney: What was the last thing? Mr. Mayor: Litigation. Can I get a motion to go into Legal? ADDENDUM 53. Motion to go into a Legal Meeting. Mr. Grantham: Motion to go into Legal. Ms. Beard: Second. 20 Mr. Mayor: We have a motion and second. If there’s no further discussion commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Mayor: We are in Legal. [LEGAL MEETING] Mr. Mayor: I’ll go ahead and call the meeting back to order. Commissioner Brigham. Mr. Brigham: I see some changes on Item 51. Can we go back to Item 51? I’d like to nominate Rosa Clemons to the Board of Health. Mr. Mayor: Okay, I guess we would need a motion to readdress agenda item #51. Mr. Bowles: So moved. Mr. Mayor: We have a motion. Is there a second? Ms. Beard: I second it. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Mayor: Okay, Commissioner Brigham. Mr. Brigham: Mr. Mayor I’d like to nominate Miss Rosa Clemons for the Board of Health. Mr. Bowles: Second. Mr. Mayor: Okay, we have a motion and a second. Now this is changing the initial recommendation. Mr. Brigham: Mr. Mayor, a nomination, each position stands on a nomination as I remember. All it needs to take is a nomination for a position. Mr. Mayor: Okay. Mr. Brigham: And I think we nominated two people last time. I’m just nominating one. I didn’t realize it was going to be a big deal. 21 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 9-0. Mr. Mayor: Commissioner Grantham. for that position that’s vacant. Mr. Grantham: I’d like to nominate Mr. Dave Barbee Mr. Mayor: For the second position that’s vacant. Do we have a second? Mr. Brigham: It’s not required. Mr. Mayor: What’s that? Okay, excuse me. Okay, commissioners will now vote by the usual sign. Mr. Johnson and Mr. Mason vote No. Ms. Beard and Mr. Hatney abstain. Motion fails 5-2-1. Mr. Mayor: Okay, Madam Counsel, I believe we had one add and approve. Ms. Johnson: We did. We had one add and approve as far as a real estate matter. Additionally we also had --- Mr. Mayor: I don’t believe the real estate matter was an add and approve. Ms. Johnson: The one add and approve, I’m sorry was from the Engineering Services Committee and that was added to the consent agenda, the Atlanta Gas and Light. Mr. Mayor: I thought it was to amend --- Mr. Brigham: The Ordinance Amendment. Ms. Johnson: Right the Ordinance Amendment, it was approved on the record but the Ordinance needs to be amended. Mr. Mayor: Okay. ADDENDUM 54. Motion to approve an Ordinance to amend the 1945 Pension Plan; to provide for select pensioners to receive a supplement to their retirement benefits; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date and for other purposes. 22 Mr. Brigham: I make a motion we add and approve the Ordinance as needed for the 1945 Pension Plan. 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. Grantham out. Motion carries 8-0. Mr. Mayor: And I believe we needed to get, Madam Clerk, if you want to announce that. Mr. Grantham out. Motion carries 8-0. Mr. Mayor: And I believe we need finally a motion to approve the closed meeting affidavit. LEGAL MEETING 55. Motion to authorize the Mayor to execute the affidavit of compliance with Georgia’s Open Meeting Act. Ms. Beard: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Grantham out. Motion carries 8-0. The Clerk: Mr. Mayor, Mr. Hatney for the record is abstaining on all the alcohol petitions. Mr. Brigham: For the record I voted No on Item 15. The Clerk: Item 15 for Mr. Brigham voting No. Mr. Mayor: And for the record Commissioner Hatney wants a bigger button for his remote control. If there’s no further business to come before the body, we stand adjourned. [MEETING ADJOURNED] 23 Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, herby 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 February 19, 2008. ____________________________________ Clerk of Commission 24