Loading...
HomeMy WebLinkAboutCommission Meeting January 15, 2008 REGULAR MEETING COMMISSION CHAMBER JANUARY 15, 2008 Augusta Richmond County Commission convened at 2:00 p.m., January 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 Alan Moss, Associate Pastor, Friendship Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: --- Chaplain of the Day for his civil and spiritual guidance demonstrated throughout the community and serves as an example for all of the faith community. Given under th my hand this 15 day of January 2008. Thank you for blessing us with that wonderful prayer. (APPLAUSE) Moving right along, Madam Clerk. The Clerk: PRESENTATIONS A. Mr. Steve Abbott, Chief Ranger RE: Presentation of the Commission Annual Report. Mr. Mayor: How are ya? Mr. Abbott: Fine, sir, thank you very much. Mr. Mayor: Good and if we could keep it to five minutes, please, sir. Mr. Abbott: Yes, sir, I sure will. Okay um, I would like to read the mission statement and the vision statement for the ones that don’t know about the Forestry Commission. Is to provide leadership, services and education in the protection and conservation of Georgia’s Forests Resources. And the vision is to help these examples for us to providing clean air, clean water and abundant products for future generations. Our personnel is listed as follows and I hope you’ll follow along on page one in the presentation. Not a lot of changes in personnel. As we move down, Administration costs. I’d like you to notice the county pays, the city pays four cents an acre for fire protection to the State of Georgia and we have about 93,000 acres of forested land in Richmond County and that equates to about $3,000 that you pay for the state. Expenditures for the forestry to the county is about $130,000.00 that we spend in the county. And I’d like to talk about fire protection and that’s pretty much one of the reasons we’re here is to, we had 42 wild fires that forestry took compression actions on and incendiary was the main cause. The leading cause of wild fires in the state of Georgia is debris burning but that’s down to only eight fires this year that we suppressed. And the county average is only 2.6 acres an average fire but the state average is about 4 acres per fire. And page three under Forest Management which is a very critical issue and despite the urbanization in south Richmond 1 County Forest Management is still being practiced. We had five brief plans getting the managements advice on 363 acres in Richmond County and then part of the management is the education part. We have a big working educational force in south Richmond County off Tobacco Road and Highway 25 is 507 working acres of working forests and it’s mission is to provide educational services for students and its hands on activities. It’s very effective. We reached over 5,346 kids, 1,200 teachers and that was about 548 programs. And we’re very busy in the forestry industry. And moving along to page four our Fire Prevention Education is a year round project and this county was over 200,000 people and we had 77 outreach programs, totaling about 13,000 young ones that we made visual contact with and these are sharing the values of the Georgia forests resources. These are our young leaders of tomorrow. We had five parades that we were a part off, with exposure. Other fire prevention measures. We offer assistance to land owners supplying pre-suppression firebreaks and we stand by with equipment while control burning, the controlled burning and prescribed fire is a great asset to the state of Georgia. As we move on to page five some of the information education on numbers that we had, we distributed about 5,000 pamphlets we had promotional items such as rulers pencils and Smokey Bear pins, about 2,000 of those, 3,000 of those. Information phone calls. Believe it or not we still get a lot of phone calls on forestry and that’s about 6,000 phone calls a year. And we had 11 special projects and that’s from the Hephzibah Fun Fest Parade with Smokey Bear to the parade at Gracewood, Christmas parades, Arbor Day, the Juvenile Fire Centers, the YMCA Youth Challenge Academy cadets. We work with those guys pretty close and again the City of Augusta Richmond County is a Tree City USA, that’s a very good honor, prestige to have that. Keep up the good work guys on that. And reforestation. Even though we only sold fifteen seedling applications that’s a total of 50,000 trees that were planted somewhere in this county and that’s wonderful for reforestation. Take your hat of to that. Those trees are going out there somewhere for beautification for the pine forest. As far as new construction we had a new roof put on the Richmond County office, staying pretty good we had a lot of hands on that. And in closing as stated in our mission and vision statement, the purpose is not only to report on our numbers and statistics for the previous year but we do all we can to make Augusta Richmond County a better place to live. We all work here, we raise our families here and we believe we can make a difference for generations to come. To see more about our organization please visit our website or call us direct and I will happy and glad to answer any questions for anybody on the panel. I’d like to welcome the new commissioners and look forward to working with you. (APPLAUSE) Mr. Mayor: You’ve got your timing down on that. Madam Clerk, recognitions. The Clerk: RECOGNITIONS B. Presentation of the 2007 Employee of the Year. The Clerk: Yes, sir. At this time we will have the presentation of the 2007 Employee of the Year award and we’ll turn that activity over to the Employee of the Month committee. Ms. Speaker: Good afternoon, Mr. Mayor, the commissioners and to our audience. I would just like to invite of Employee of the Month Recognition Committee to come up, please. 2 First we have Mr. Chris James, Mr. James Rousch. Now I would like to ask Mr. Jim Williamson if he will come forward. And I’m sorry, my name is Joyce Ford. Mr. Williamson just resigned from the committee and we are really, we’re sorry that he did but for his service to Augusta Richmond County he decided he wouldn’t be able to participate any longer. But we just wanted to let him know that we miss him and that we appreciate his work. And special recognition to Jim Williamson for his devotion and dedication for the employees and City of Augusta you will be missed. Employee Recognition Committee January 2008 Joyce Ford, Theresa Russell, Chris James and James Rouse. Let’s give them a hand. (APPLAUSE) And now Ms. Theresa Russell will come up and give you our employees for 2006 and 2007. Ms. Russell: We would first like to go ahead and bring in all our monthly winners from this past year. And if you’ll hold your applause until the end we’ll expedite this a little bit. Lt. Jack Womack of the Fire Department, Marty Lick Information Technology, Robert Mobley, Hicks Water Treatment Plant, Linda Jones, Hicks Water Treatment Plant, Randy Blount, Hicks Water Treatment Plant. We had some good water. Juanita Simpkins, License and Inspections, Lisa Blackwelder, Information Technology, Wanda Elam, 911 Center, Roy Williams, Jr., Fire Department and Kevin Joiner from Utilities. These individuals were nominated by their coworkers, by their piers and their supervisors. They were nominated as being outstanding employees beginning December 2006 until November of 2007. The individuals that are standing here before you set the bar. They set the example for the employees of Richmond County and for that we’re grateful. Thank you. (APPLAUSE) At this time we’re going to announce the Employee of the Year. Mr. James: For 2007 the Augusta Richmond County Employee of the Year is, the 2007 Employee of the Year is Ms. Lisa Blackwelder. (APPLAUSE) Ms. Blackwelder: (INAUDIBLE) a second to tell you guys this is absolutely not expected. I’d like to thank all my team members in the IT Department. I’d like to give special thanks to Tameka. She’s a wonderful director. She’s got a great vision for IT and the county and hopefully we’ll be able to move forward even stronger with that vision now. Thank you, guys, for being great users. (APPLAUSE) Mr. Mayor: We have such wonderful employees of the city and I’d ask for one more round of applause for all the monthly winners and for all of our employees. (APPLAUSE) All righty, Madam Clerk, if we can move on the consent agenda. The Clerk: Yes, sir. I call you attention to the consent portion of our agenda, which consists of items 1-35, items 1-35. For the benefit of any objectors to our Planning petitions, when the petitions are read if there are any objectors would you please signify your objections by raising your hand. I call your attention to Item 3. Is a petition for a Special Exception to establish a Family Personal Care Home affecting property located at 2509 Meadowbrook Drive. Item 4. Is a Special Exception in a B-1 (Neighborhood Business) Zone affecting property located at 120 Robert C. Daniel Parkway. Item 5 --- Mr. Mayor: Madam Clerk, we have some objectors --- 3 The Clerk: On item --- Mr. Mayor: --- on item 4. The Clerk: Item 4, okay. Mr. Mayor: Mr. Russell, you want to? The Clerk: Well, we’ll just pull it. Mr. Mayor: Okay. The Clerk: Item 5 is a request for a change of zoning from a Zone R-1C (One-family Residential) to a Zone R-1E (One-family Residential) affecting property located at 709 Hopkins Street. Item 6 is a request for a change of zoning from a Zone R-1 (One-family Residential) to a Zone B-1 (Neighborhood Business) affecting property at 154 Davis Road. Item 7 is a change of zoning from a Zone A (Agriculture) to a Zone B-1 (Neighborhood Business) affecting property at 2858 Tobacco Road. Item 8 is a petition for a change of zoning from a B-1 (Neighborhood Business) to a Zone B-2 (General Business) affecting property located at 3481, 3483 & 3485 Wrightsboro Road. Item 9 is for a change of zoning from an A (Agriculture) Zone to a Zone B-2 (General Business) affecting property at the intersection of Interstate Parkway and Flowing Wells Road. Item 10 is a change of zoning request from a Zone A (Agriculture) to a Zone B-2 (General Business) affecting property at 1028 Jimmie Dyess Parkway. Item 11 is a change of zoning from a Zone A (Agriculture) to a Zone R-1B (One-family Residential) with a Special Exception affecting property at 3628 and 3838 Belair Road. Are there any other objectors to any of those Planning petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Okay. Under the Public Services portion of the agenda regarding the alcohol petitions if there are any objectors to these petitions would you please signify your objection by raising your hand when the petitions are read. Item 12 is for an on premise consumption Liquor, Beer & Wine license to be used in connection with Ma Fannie’s Kitchen located at 1117 Laney Walker Blvd. Item 13 is for a Liquor and Beer license to be used in connection with Senor Taco located at 1531 Walton Way. Item 14 is a Beer & Wine license to be used in connection the Ninth Street Wine Market located at 12 Ninth Street. Item 15 is retail package Liquor, Beer & Wine license to be used in connection with King’s Wine & Spirits located at 2423 Milledgeville Road. Item 16 is an on premise consumption Liquor, Beer & Wine license to be used in connection with P.F. Chang’s China Bistro located at 3450 Wrightsboro Road Suite D215. Are there any objectors to those alcohol petitions? Mr. Russell: None noted. The Clerk: Consent agenda items 1-35. 4 Mr. Mayor: Okay, Commissioners, do we have any additions to the consent agenda? Commissioner Brigham. Mr. Brigham: Yes, sir, I’d like to add item number 44, 45, 46, 49 and I believe 38 can be added to the consent agenda. Mr. Mayor: Commissioner Holland. Mr. Holland: Yes, sir, Mr. Mayor, I’d like to add item number 42 to the consent agenda. We already got some clarification on that one. Mr. Mayor: Okay, do we have any further items to be added to the consent agenda? Mr. Bowles: Mr. Mayor? Mr. Mayor: Commissioner Bowles. Mr. Bowles: Item 43, please. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Mr. Mayor, did I hear item 44 being added to the consent agenda? Mr. Mayor: Yes. Mr. Grantham: Okay, then we need to look at items 36 and 37. Mr. Mayor: Okay, any further additions to the consent agenda. Okay, any items to be pulled for discussion. Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: I’d like to pull item number 4. Mr. Mason: Mr. Mayor. Mr. Mayor: Commissioner Mason. Mr. Mason: I’d like to pull item number 7, please. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Yes, item number 33. 5 Mr. Mayor: Commissioner Hatney. Mr. Hatney: Question. If we add consent for 48 (INAUDIBLE)? Mr. Mayor: I believe that needs to be handled in Legal. Okay, are there any other items to be pulled for discussion? Madam Clerk, for the sake of clarity if you could give us the items added to and items pulled, please, ma’am. The Clerk: Okay. We’ll go with items added first. Items added starts with item 36, 37, 38, 42, 43, 44, 45, 46, 49. Those pulled for discussion item number 4, item number 7 and item number 33. Mr. Mayor: Now can I get a motion to approve the consent agenda? Mr. Grantham: So moved. Mr. Holland: Second. CONSENT AGENDA PLANNING 1. FINAL PLAT – WALTON HILLS, SECTION 9-S-779 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by James G. Swift and Associates, on behalf of Southern Specialty, requesting final plat approval for Walton Hills, Section 9. This residential subdivision is located off Isaac Way, adjacent to Walton Hills, Section 8 and contains 91 lots. 2. FINAL PLAT – WILLHAVEN – S-720 – A request for concurrence with the Augusta- Richmond County Planning Commission to approve a petition by John Brewer & Associates, on behalf of R & B Construction, requesting final plat approval for Willhaven. This residential subdivision is located off Gordon Highway and contains 182 lots. 3. Z-08-04 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Venesa Scurry requesting a Special Exception per Section 26-1 (h) to establish a Family Personal Care home affecting property containing .72 acres and is known under the present numbering system as 2509 Meadowbrook Drive. (Tax Map 120 parcel 640) DISTRICT 5 5. Z-08-06 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Allen L. Collier Enterprises requesting a change of zoning from Zone R-1C (One-family Residential) to Zone R-1D (One-family Residential) affecting property containing .21 acres and is known under the present numbering system as 709 Hopkins Street. (Tax Map 060-1 Parcel 044) DISTRICT 1 6. Z-08-07 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Willard Hogan and Bill Trotter, on behalf of Pineview Baptist Church, requesting a change of zoning from Zone R-1 (One-family Residential) to Zone B-1 (Neighborhood Business) affecting property containing approximately 2.3 acres and is known as 154 Davis Road. (Tax Map 016 Parcel 031) DISTRICT 7 6 8. Z-08-09 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by E. Craig Waites, Jr., on behalf of the estate Thomas E. Anthony, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing approximately .89 acres and is known under the present numbering system as 3481, 3483 & 3485 Wrightsboro Road. (Tax Map 041 Parcels 027, 028 & 028-01) DISTRICT 3 9. Z-08-10 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that the sale of this property for a large corporate campus and related parking be completed within 18 months or the zoning shall revert to the current A (Agriculture) Zone; a petition by J. Randal Hall, on behalf of MEM Real Estate LLC, requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting property containing approximately 35 acres and located on the southwest right-of-way line of Interstate Parkway and also being on the Richmond County/Columbia County boundary line, and being 220 feet, more or less, east of the southeast corner of the intersection of Interstate Parkway and Flowing Wells Road. (Part of Tax Map 029 Parcels 043 & 044) DISTRICT 3 10. Z-08-11 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Greg Kirby and David Fahrion requesting a change of zoning from Zone A (Agriculture) to Zone B-2) General Business) affecting property containing approximately .41 acres and has recently been assigned the address of 1028 Jimmie Dyess Parkway. (Tax Map 038 Parcel 026) DISTRICT 3 11. Z-08-12 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by H. Lawson Graham, on behalf of Randy Watkins, requesting a change of zoning from Zone A (Agriculture) to Zone R-1B (One-family Residential) with a Special Exception per Section 10-2 (a) to establish single-family attached dwellings not to exceed 5 ½ units per acre affecting property containing approximately 11.2 acres and is known under the present numbering system as 3628 and 3838 Belair Road. (Tax Map 053 Parcels 172, 176 174 and 044) DISTRICT 3 PUBLIC SERVICES 12. Motion to approve New Application: A.N. 08-01: A request by Shirley A. Walker for an on premise consumption Liquor, Beer & Wine license to be used in connection with Ronlyn Corporation DBA Ma Fannie’s Kitchen located at 1117 Laney Walker Blvd. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee January 7, 2008) 13. Motion to approve New Ownership Application: A.N. 08-02: A request by Francisco Leon for an on premise consumption Liquor & Beer license to be used in connection with Senor Taco, Inc. located at 1531 Walton Way. District 1. Super District 9. (Approved by Public Services Committee January 7, 2008) 14. Motion to approve New Ownership Application: A.N. 08-04: A request by Thomas D. Thompson for a retail package Beer & Wine License to be used in connection with Ninth Street Wine Market located at 12 Ninth St. District 1. Super District 9. (Approved by Public Services Committee January 7, 2008) 15. Motion to approve New Ownership Application: A.N. 08-05: A request by Ki H. Lee for a retail package Liquor, Beer & Wine license to be used in connection with King’s Wine & 7 Spirits located at 2423 Milledgeville Rd. District 5. Super District 9. (Approved by Public Services Committee January 7, 2008) 16. Motion to approve New Ownership Application: A.N. 08-06. A request by Glen Beasley for an on premise consumption Liquor, Beer & Wine license to be used in connection with P.F. Chang’s China Bistro located at 3450 Wrightsboro Rd. Suite D215. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee January 7, 2008) 17. Motion to approve, in resolution form, support of the Georgia Transit Association’s FY2008 Legislative Agenda. (Approved by Public Services Committee January 7, 2008) 18. Motion to renew the Sec. 5311 Rural Transit grant application between the Georgia Department of Transportation (GDOT) and Augusta, Georgia from July 2008 to June 2009. (Approved by Public Services Committee January 7, 2008) ADMINISTRATIVE SERVICES 19. Motion to approve the petition for Non Employment Related Disability Retirement of Ms. Catherine Worley under the 1949 Pension Plan. (Approved by Administrative Services Committee January 7, 2008) 20. Motion to approve a request from the Interim General Counsel for a salary adjustment for the Staff Attorney III position in the Law Department. (Approved by Administrative Services Committee January 7, 2008) 21. Motion to approve setting Qualifying Fees for 2008. (Approved by Administrative Services Committee January 7, 2008) FINANCE 22. Motion to approve a request from Troy A. Lanier, Attorney, on behalf of Chon Su Kun for an abatement of taxes in the amount of $482.53 on parcels of property at 5092 Peach Orchard Road owned by the Department of Transportation during a portion of 2003. (Approved by Finance Committee January 7, 2008) 23. Motion to authorize Historic Augusta, Inc. to prepare and submit a 2008 Historic Preservation Fund Grant application on behalf of the city of Augusta in order to complete phase one of a historic resources survey of the Harrisburg-West End Historic District. (Approved by Finance Committee January 7, 2008) 24. Motion to approve refund recommendations from the Board of Assessors for 2 personal property accounts. (Approved by Administrative Services Committee January 7, 2008) 25. Motion to approve commercial property insurance coverage for 2008 (buildings and content coverage) through Affiliated FM Insurance with $50,000 deductible for premium of $250,661. Effective date of coverage is February 1, 2008 through February 2, 2009. (Approved by Finance Committee January 7, 2008) 26. Motion to approve a request from Southern Christian Leadership Conference of the CSRA (SCLC) for sponsorship of a billboard in the amount of $500.00 funded from contingency account. (Approved by Finance Committee January 7, 2008) 27. Motion to approve the purchase of 2 Explorers for the Solid Waste Facility for $22,792.00 each. (Lowest bid offer on bid 07-175). (Approved by Finance Committee January 7, 2008) 8 28. Motion to authorize the update the Augusta Richmond County Travel Policy to reflect mileage reimbursement of 40.5 cents per mile as used in 2008 budget preparations. (Approved by Finance Committee January 7, 2008) ENGINEERING SERVICES 29. Motion to approve and accept a utilities Deed of Dedication and a Maintenance Agreement on same for Aubern at Barton Chapel Subdivision. (Approved by Engineering Services Committee January 7, 2008) 30. Motion to approve and accept a Deed of Dedication to the Augusta Utilities Department. (Approved by Finance Committee January 7, 2008) 31. Motion to approve an Encroachment Agreement with Katherine Sanders Dickson. (Approved by Engineering Services January 7, 2008) 32. Motion to approve and accept a Deed of Dedication for the sanitary sewer trunk line, and easement, in Iron Horse Apartment. (Approved by Engineering Services Committee January 7,2008) 34. Motion to approve Upgrade of Utilities Customer Service Billing Software and Addition of Remote Customer Account Information Access and Bill Payment. (Approved by Engineering Services Committee January 7, 2008) PETITIONS AND COMMUNICATIONS 35. Motion to approve the minutes of the regular meeting of the Commission held on January 2, 2008. PLANNING 36. Z-07-104 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the following conditions 1) no access to Sharon Road; 2) no freestanding signage within 100 feet of the right-of-way of Sharon Road;3) a 10 foot buffer conforming with the Augusta-Richmond County Tree Ordinance side buffer yard requirements including a 6 foot solid board fence along Sharon Road right-of-way with no gate except as required by fire codes;4) buildings shall not exceed 2 ½ stories or 45 feet in height and 5) the use shall be limited to a landscape service business or those uses allowed in a B-1 (Neighborhood Business) Zone; a petition by Mark Jackson, on behalf of Tyler Eidson, requesting a change of zoning from R-1B (One-family Residential) to Zone B-2 (General Business) affecting property containing approximately 1.1 acres and is known as 1650 Barton Chapel Road. (Tax Map 054 Parcel 028) meeting. DISTRICT 3 37. Z-08-01 – A request for concurrence with the Augusta-Richmond County Planning Commission t approve a petition by Pastor Darrell Butler, on behalf of Bethel Community Apostolic Church requesting a Special Exception per Section 26-1 (a) to expand an existing church, including day care activities, and bring it into zoning conformance affecting property containing approximately 1.3 acres and the church is addressed as 2593 Kelly Street (Tax Map 056-4 Parcels 010, 011, 050 and part of 049) DISTRICT 2 38. Z-08-02 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the following conditions 1) Pineview Baptist shall retain 113 Davant Street and develop it for extra parking as needed and 2) a perpetual easement across the property to be purchased by Milton Rueben shall be duly recorded; a petition by Reverend Michael Roverse, on behalf of the Catholic Diocese of Savannah, requesting a 9 Special Exception per Section 26-1 (a) to establish a church, including day care activities, affecting property containing approximately 3.15 acres and is the southern part of 117 Pleasant Home Road. (Part of Tax Map 010 Parcel 006) DISTRICT 7 PUBLIC SAFETY 42. Ratify grant award for additional funding from the Council of Juvenile Court Judges of Georgia to Augusta, Georgia. FINANCE 43. Approve additional funding to establish satellite sites for advanced voting week for the February 5, 2008 Presidential Preference Primary. ATTORNEY 44. Approve 2007 Budget Amendment. 45. Motion to approve funds for condemnation of Right-of-Way from K and W Investment Company, Inc. in connection with the St. Sebastian Way Project, for property located at 1501 Broad Street of $57,000.00. GDOT Project no. DE-00MS(389), PI 26750, ARC Project No. 327-04-296812003, Project Parcel 51, Tax Map 036-1, Parcel 34. 46. Motion to Approve funds for condemnation of Right-of-Was from Robert G. Miller, Robert G. Miller, Jr., and Cynthia m. McNeill in connection with the St. Sebastian Way Project, for property located at 1406 Reynolds Street of $34,330.00, GDOT Project No. DE- 00MS(389), PI 26750, ARC Project No. 327-04-296812003, Project Parcel 29, Tax Map 036- 2, Parcel 31. 49. Motion to approve the 2008 Lease Agreement of Renewal with the Georgia Department of Agriculture Augusta State Farmers’ Market, Bldg. 31. Mr. Mayor: We have a motion and second. Mr. Brigham: Do we have any objectors to 38? Thirty-six, 37 and 38? The Clerk: Let’s read them. Are there any objectors to these following petitions? Item 36 is to approve a petition for a change of zoning from a Zone R-1B (One-family Residential) to a Zone B-2 (General Business) affecting property at 1650 Barton Chapel Road. Item 37 is a Special Exception for a church located at 2593 Kelly Street. Item 38 is Special Exception affecting property located at 117 Pleasant Home Road. Are there any objectors to those Planning petitions? Mr. Russell: None noted. 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. [Items 1-3, 5-6, 8-32, 34-38, 42-46, 49] Mr. Mayor: Okay, Madam Clerk, let’s take the pulled agenda items first. 10 The Clerk: PLANNING 4. Z-08-05 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that site plans shall conform to all Traffic Engineering requirements; a petition by Bernard Johnson, on behalf of K.P. Management, requesting a Special Exception per Section 21-2 (b) to establish a convenience store in a B-1 Zone affecting property containing approximately 1.5 acres and is known as 120 Robert C. Daniel Jr. Parkway. (Tax Map 023-2 Parcel 004) DISTRICT 7 Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor, and I know my colleague Mr. Brigham pulled this before I could and I didn’t know if he had any comments first but I’ll go ahead and make mine. I was phoned this morning as well as late yesterday afternoon in regards to the neighborhoods that are right adjacent to this particular piece of property. And it is my understanding from a petition that had been brought to us today with over fifty signatures on it, that they’re not asking us to turn it down or refusing it they’re asking us to give the neighborhood ample time to discuss what is actually going there and to be able to approach the Planning and Zoning meeting. And it’s been said that they were not aware of the meeting at the time however I do know that Mr. Patty and his group had posted for the meeting but I don’t think it was noticeable enough for these neighborhoods to be aware of what was going to take place . So it is my request and I’m going make a motion that we delay the action on this there particular item and that we give the next two weeks time for the neighborhoods to get involved and to be able to approach the Planning and Zoning Commission’s office and call for another hearing based on their involvement. Mr. Brigham: I’ll second that. Mr. Mayor: We have a motion and a second. Mr. Brigham: Mr. Mayor, I think --- Mr. Mayor: Commissioner Brigham. Mr. Brigham: --- we do need to hear from Mr. Patty and the objectors and also from the applicant if he’s here. Mr. Mayor: Okay, we’ll hear from Mr. Patty, the applicant and one representative from the objectors. Go ahead, Mr. Patty. Mr. Patty: This, can y’all hear me? This request involves a very small portion of the property that forms a triangle between Walton Way Extension, Robert C. Daniel and Skinner Mill Road. It involves the front 250 feet approximately plus or minus a few feet on Walton Way Extension that does not include the remainder of that triangle. The total depth of that triangle from Walton Way Extension perpendicular to Walton Way Extension to the back of the triangle 11 with Robert C. Daniel and Skinner Mill 778 feet. So this is you know roughly a third of it and this property is already zoned B-1 but we changed our zoning ordinance a few years ago because of the changes in convenience stores. As you know today most of them are open all night. They’re heavily illuminated and as a result they’re not typical neighborhood businesses that they used to be. So we require a special exception when you’re going to do a convenience store and that’s the purpose of this zoning. It is a special exception for a convenience store in an area that’s already zoned B-1. The surrounding tracks are all commercial and the surrounding land use is all commercial and it’s about 500 feet from the entrance to Conifer Place. Mr. Mayor: Okay, is the applicant here? Mr. Speaker: I’m representing the applicant. Mr. Mayor: Okay. Mr. Speaker: As Mr. Patty said this piece of property is on the corner of Robert C. Daniel Parkway and Walton Way and it’s directly across from Chick-fil-A on Walton Way and directly across from Best Buy on Robert C. Daniels. All the surrounding properties are compatible and we went to Planning and Zoning for this they suggested that we make sure that we make sure that we cover the traffic and engineering to make a smooth ingress and egress. Mr. Mayor: Okay, thank you, sir, and do we have a representative, one from the objectors to speak to this issue? And, Madam Clerk, as he makes his way up I’d like to go ahead and for the record state that I have a conflict of interest here. I live in an adjacent neighborhood and it’s taken a position against the special exception in the past. So I’m not paying into that property owners association so I’m conflicted on this one. Yes, sir. Mr. Speaker: Thank you, Mr. Mayor. Yes, I’m from the neighborhood that’s directly affected by this and we feel that we were not adequately notified. I’m told there was a sign in place but it wasn’t prominent enough for me to see it. We drive through that neighborhood quite frequently. There’s traffic and congestion right now due to medians installed by the DOT on that Robert Daniel Parkway that’s really complicated the traffic situation in that area. And we believe this will bring an additional unnecessary congestion and we would at least like time to study it. As we were totally unaware of the Planning meeting and I have been checking, Mr. Patty, I’ve been checking the onsite meeting agenda and I did not check it this month, it’s always about a week late so I have been checking so that we could appear and have a chance to enter an objection. So I respectfully request that you give us an opportunity to respond to the petition. Mr. Mayor: Okay. We have a motion and a second. If there’s no further discussion --- Mr. Grantham: Mr. Mayor. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Just for respect of the audience and of the Commission we’d like to have the gentleman’s name that just spoke. 12 Mr. Mayor: Yes, sir, please, I’m sorry could you give your name. Mr. Speaker: Osteen, Al. O-s-t-double e-n, first name is Al. Mr. Grantham: Thank you, sir. Mr. Mayor: And your address too, please, sir. Mr. Osteen: 34 Eagle Point Drive Augusta, Georgia. Mr. Grantham: Thank you. Mr. Mayor: We won’t ask you for your rank and serial number. Thank you, sir. Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Madam Clerk, next pulled agenda item, please, ma’am. 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 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 Mr. Mayor: Mr. Mason, I believe, was this yours? Mr. Mason: Yes, sir. Thank you, Mr. Mayor, and I’ve taken a number of phone calls and emails in reference to this property here. And if Mr. Patty is available and I don’t know if the applicant is here as well. Is the applicant here for this agenda item? If you could --- Mr. Mayor: Through the Chair, please, sir. If you could come up, please, sir. Okay, Mr. Patty. 13 Mr. Patty: This is a tract that abuts Tobacco Road a couple hundred feet and it’s very deep. It’s 700 feet plus deep and our comprehensive plan for that area indicates that it qualifies for zoning along Tobacco Road to the depth of 400 feet and that would leave about 300 feet of no man’s land and the applicant has stated that they would agree to the condition that all they would do on the back 300 feet would be office development. And after hearing that the Planning Commission recommended approval with the conditions you see in front of you which include a substantial buffer along Sand Ridge and the restriction on the east line of 400 feet. All the applicant wants to do up front is a restaurant. Something commercial is going to be developed there at some point. Mr. Mason: One of the questions, Mr. Mayor --- Mr. Mayor: Please, sir. Mr. Mason: One of the questions I would have for Mr. Patty is that the other commercial zoning that’s done on Tobacco Road is generally about 150-200 feet in depth and so I would have some concerns about going 400 feet. I’m unaware at this time what type of restaurant and or establishment is going to be there. I don’t know if this was something that was done prior to my arriving in this particular position. But I have taken a number of phone calls from constituents in the district who have some concerns about being made aware properly of this particular establishment. I myself am totally unaware until I saw the staff report coming from the Planning and Zoning commission and so I could not articulate to the community exactly what was going on here at this particular establishment. Now I’m not saying that I disagree with it because I can’t disagree with what I don’t know about. So I need to have some information in reference to this. I think the community needs to have an appropriate opportunity to hear what is going to be coming into their community potentially and I would offer a motion, a substitute motion to have this gentleman come out to our community breakfast and explain to the constituents what it is that he’s trying to do. In addition to that I was told that there was some conversation with the Sand Ridge community and I took the liberty of speaking with several residents in the Sand Ridge Community who said they knew nothing about it. And one of the problems that I have is the fact that during the staff report from Mr. Patty’s office it talks about a 50-foot buffer and I believe that was discussed with, if that was discussed with the Sand Ridge Community. But the recommendation here for today talks about a 20-foot buffer. Mr. Patty: Mr. Mason, all I can tell you is I think that was probably a typo because the property’s only 200 feet wide. And if you take 50-feet off of 700 feet of it it’s a fourth of the property. Mr. Mason: I’m in agreement with you there but I’m looking at what I see in front of me and that’s what I mean about some of the confusion there. Mr. Mayor: Okay, and Mr. Mason, just to clarify it would be a primary motion there. There had been no motion made. And would that be to refer it to the next full commission meeting? Would that give you ample time to get the questions of the community answered? 14 th, Mr. Mason: February 9 Mr. Mayor, is a community breakfast that is generally held by well over a hundred folks in the community to include Sand Ridge but other areas that are close th around. So February 9 would be that --- th The Clerk: Our second meeting in February. Our first meeting is February 5. Mr. Mayor: Okay, so we’ll refer it to the second meeting in February. Mr. Mason: Then I would make a motion to refer it to the second meeting in February. Mr. Hatney: I second it. Mr. Mayor: We have a motion and second. Is there any further discussion? Commissioner Bowles. Mr. Bowles: I would just like to know if the petitioner, would the petitioner if that’s going to put him in any unruly circumstances where you’ve already bought property this is going to set you back to wait an extra month or --- Mr. Speaker: We’ve got the contract on it right now and we’ve been in closing on --- Mr. Bowles: So you don’t, there won’t be a problem extending it 30 days? Mr. Speaker: Well, we’ve already got money invested but we can do that. Mr. Mayor: Okay we have a motion and a second. If there’s no further discussion --- Mr. Brigham: Mr. Mayor, are we going to hear from the petitioner? Mr. Mayor: Yes, sir, would you like to address the commission? Mr. Speaker: I’m not really sure what you want to hear from me. Mr. Mayor: Okay, then as long as we’re good, okay. Commissioners will now vote by the usual sign. But thank you, sir. Motion carries 10-0. Mr. Mayor: Next agenda item pulled, Madam Clerk. The Clerk: ENGINEERING SERVICES 33. Z-07-102 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the following conditions 1) the Special Exception shall be 15 limited to the trans-loading of sodium bi-sulfite solution and manufacture of Aqua ammonia solution. Components to manufacture aqua ammonia would be stored on site in storage tanks; 2) the site will be in full conformance with the Augusta-Richmond County Flood Ordinance which will require all buildings and equipment to be a minimum of three (3) feet above the base flood elevation before a Business License shall be issued; and 3) 24 hour security, which may consist of monitored security cameras or personnel on site, shall be maintained at all times; a petition by Southern Ionics requesting a change of zoning from Zone A (Agriculture) to Zone HI (Heavy Industry) with a Special Exception per Section 24-2 to allow an inorganic chemical manufacturing plant affecting property containing approximately 8.9 acres and is known as 1724 Lumpkin Road Extension. (Tax Map 111 Parcel 023) DISTRICT 2 (Approved by Engineering Services Committee January 7, 2008) Mr. Mayor: Commissioner Johnson, I believe this was your pull. Mr. Johnson: Yes, thank you, Mr. Mayor. The reason I requested pulling this document here. Actually we haven’t really got out adequate information to the community and I’ve taken several phone calls and would like do, at least allow them their due diligence to come here and you know voice how they feel about it. I talked to the plant manager and I don’t foresee any problem with the plant going there. They’re just relocating. Actually about a mile away from where they are now so it’s not like they’re moving into the community but just to give them an opportunity to get a little bit more familiar with the plant itself. They can come out and at least get their information about what it is they’re going to be doing there. And I also think that we have someone here that’s going, maybe be an objection to the plant, Mr. Mayor. I don’t know if they want to come up and speak. Ms. Stutsman? Ms. Stutsman: Yes, sir. Mr. Mayor: Okay, ma’am? You’ve got to work through the Chair so, ma’am, if you could, no ma’am, that’s fine. If you could just state your name and address for the record. Ms. Stutsman: Mary Stutsman 3550 Windsor Spring Road Apt 6. And our mail comes through Hephzibah but we’re in Richmond County. Mr. Mayor: Okay. Ms. Stutsman: Okay. What I am most concerned at is a Volunteer Patients Rights Advocate Medical Disability consultant volunteer. And before that I was a Volunteer Patient Rep for our Veterans from World War II. I have seen so much illness and I was on the board with Health and Human Services investigating Savannah River Site. So I can well tell you I might not be an expert but I’m close to it with chemicals. And we have chemical plants all over right here and our South Augusta area is the most, the heaviest that we have in the area contamination is in South Augusta. And we have a lot of senior citizens at these complexes out here and I’m one of them. And I just don’t feel that we need another chemical plant here. We have them all over and like I said I know because I was there when they released the Freedom of Information Act and got records from Savannah River Site and I studied them close. And of 16 course living through the area even when I was carrying my first children we were getting milk from the dairy in that area and eggs and poultry and all, out on Pine Log Road out there. All of it I found out it was contaminated with, they was contaminating their children before they was ever born into the world. Where the cattle and the, where they let the water out of those fires, to hot to quick with radiation exposure it got into the soil, into the water, the ground water and what the cows was drinking and the lakes and you know streams around and eating the grass out of the soil that’s contaminated. Knowing all this and what I’ve been through with WWII veterans and my deceased husband WWII and my children I can tell you only God above is the reason they’re alive today and the knowledge and my research. And I am definitely scared to death of another chemical plant in this area. Mr. Mayor: Okay, thank you, ma’am. Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. In all due respect to the lady and Commissioner Cory Johnson these people have been operating in Augusta now approximately a mile from this site for three or four years. And the only reason for moving is to expand and to give opportunities for larger employment and tax base and so forth. We had a hearing at the judges, at the courtroom a week or so ago and gave everybody the opportunity to speak up against that if they so desired and we really need to go ahead and pass this agenda item today to give these people time to go ahead and continue working on this site. They’ve got a long ways to go and I’m sure that we could find so many things wrong with it. But I promise you that this company and all the commissioners have a file of all the other ten companies that they own around the country, the letters from the Mayors recommending it that they’ve never had a problem and I really don’t see a reason to put it off. And I would ask that we could vote in the affirmative. Thank you. Mr. Mayor: Is that in the form of a motion? Mr. Smith: It is. Ms. Stutsman: (INAUDIBLE) Mr. Mayor: Ma’am, I’m sorry, I have given you time. Mr. Grantham: Second. Mr. Mayor: Okay, we a motion and a second. Is there, Mr. Mason. Mr. Mason: Thank you, Mr. Mayor: It makes for a weird situation when we’re talking chemicals and we’re talking people but one of the things that I’ve done is my due diligence in terms of making some phone calls and checking out this particular company and um, to rave reviews. So it’s a little, it puts us in a kind of a weird position up here. We want to do what’s best for the community but there was I do believe posters and zoning boards that went up. But one of the things that I would ask, Mr. Mayor, is what is the recommendation from the commissioner whose district that this would sit in so that perhaps we’d have a better idea of how we’re going. 17 Mr. Mayor: Mr. Johnson. Mr. Johnson: Thank you, Mr. Mayor. I agree with what Commissioner Mason is saying. I have done my due diligence checking the company out. I think over all I just want to make sure and I’m sorry if I feel like I’m maybe prolonging this process that the people are aware of because I do know that we spoke with Mr. Patty the night of the hearing and due to the rain we had recently before the hearing a lot of the notices that went up was actually destroyed due to the rain because it was on cardboard paper. And so I don’t think there was adequate of sufficient information that went out in the community outside of the newspaper that gave the people the opportunity to respond. I do think that they, what I’m saying in consideration but I do want to at least give them that opportunity. You know if it was me I would want that opportunity. Mr. Mayor: Okay and, Mr. Johnson, you would have the opportunity to make a substitute motion to adhere to your request. Mr. Johnson: I do offer a substitute motion to adhere to that request. Mr. Mayor: Okay, to bring it back at the --- Mr. Johnson: Next commission meeting. Mr. Mayor: Okay. Mr. Hatney: Second. Mr. Mayor: Madam Clerk, you’re looking, we have a substitute motion and a second. The Clerk: Yes, sir. Mr. Russell --- motion initially to pull it --- The Clerk: To pull it for discussion. Mr. Mayor: Okay. We’re going to be running like a top. Okay, we have substitute motion and a second. The substitute motion being to refer it to the next full commission meeting. Is there any further discussion? Okay, we’re going to vote on the substitute motion first. Commissioners will now vote by the substitute sign of voting. The Clerk: That motion fails. It’s a tie vote, Mr. Mayor. Mr. Johnson, Mr. Hatney, Mr. Mason, Ms. Beard and Mr. Holland vote Yes. Mr. Brigham, Mr. Bowles, Mr. Smith, Mr. Grantham and Mr. Jackson vote No. 18 Mr. Mayor: Okay out of deference to our commissioner representing the district and due to the fact that I’m not sure that this will do or undo, I know that this is a timing issue so if I could hear from the applicant. Mr. Speaker: Thank you, Mr. Mayor. Another delay will do damage to our project. Will it kill the project? I’m not sure but another thirty days is really going to hamper us severely. You know, I’ve got information with me today. I will be glad, you know give it to anybody that has any questions or spending any amount of time with anybody that has any questions I’ll answer them if I can, as many as I can. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: You said thirty days, we’re not talking about two weeks I don’t think. You said next meeting? Mr. Mayor: The next meeting is in two weeks. Mr. Speaker: Two weeks? Two weeks would not be, two weeks would not be detrimental. Mr. Mayor: Okay. And I will go ahead with two weeks not being detrimental I’ll defer to the commissioner representing the district and vote along with him. The Mayor votes Yes. Motion carries 6-5. The Clerk: PLANNING 39. Z-08-03 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Reverend Michael Roverse, on behalf of the Catholic Diocese of Savannah, requesting a change of zoning from Zone R-1 (One-family Residential) to Zone B-2 (General Business) affecting property containing approximately 3.11 acres and is the northern part of 117 Pleasant Home Road (Part of Tax Map 010 Parcel 006) DISTRICT 7 Mr. Brigham: I want to hear from Mr. Patty first. Mr. Mayor: Mr. Patty. Mr. Patty: Yes, sir. This is the former St. Teresa’s campus, which is consistent of three and a quarter acres plus or minus and it’s been on the market for some time. The church moved a couple years ago and what the current applicants want to do is divide that property essentially in half, sell the southern half where the church sanctuary is to another church to be occupied as a church and that’s the subject of your agenda item 38 and 39 which is the item that’s currently being considered would be sold to Milton Ruben for use as a vehicle storage yard. This property 19 begins 357 feet from Washington Road and it extends another 220 feet. It’s got, the zoning required would be B-2, which is General Commercial. It’s got B-2 across from it some B-1 but mostly B-2 across from all of the Washington Road frontage adjacent to it. It’s zoned B-2, it’s not you know, it wouldn’t be my first choice for a use of that property but I don’t think it rises to a level that you could deny it and see the courts sustain it if you do frankly and I recommend you approve it. Mr. Brigham: Mr. Mayor, can we hear from the petitioner and see if there are any objectors? Mr. Mayor: Please. I’d like to hear from the petitioner and then one representative from any objectors that we may have. Please sir, state your name and address for the record. Mr. Hogan: Yes. Willard Hogan, 3519 Wheeler Road. I represent St. Teresa’s Catholic Church, Jim Bernstein and Milton Ruben who are the purchasers of this property. As you know this is part of a transaction that allows Pineview Baptist Church to occupy this 3 acres that adjoins the subject and remain as a church. Mr. Bernstein and Mr. Ruben are purchasing the remainder, the vacant land and desire it to be zoned B-2. As you know Milton Ruben has been in Augusta for all of his life he’s been a very upstanding businessperson and represented himself and his business well. By zoning this it’s a great possibility that additional jobs will be created. Certainly we’re taking a portion of real estate that’s not on the tax books now and putting it back on the tax digest so that it will benefit all citizens of Richmond County. We ask that you consider this and zone it B-2. I have with me Bobby Christine who’s a member of the church and could he speak? Mr. Mayor: I’d prefer to try and keep it to one so that I can get one representative of the objectors as well, please, sir. Mr. Hogan: With us we have neighbors, church members from St. Teresa and Pineview and other interested parties and could you ask for a show of hands to see if the persons in attendance who support this. Mr. Mayor: Please, I would ask for a show of hands of those here to support this. This does my heart to see so many people for something rather than against something. Mr. Grantham: Amen. Mr. Russell: Approximately 52. Mr. Mayor: Out of all deference, do we have any objectors to? Objectors to? Five, okay. Thank you, sir, and if one objector would like to speak to this issue. Ms. Speaker: (INAUDIBLE) Mr. Mayor: Yes, ma’am, that probably would be --- Well, we’ll give you some credit there. Okay, we’ve heard from all sides --- 20 Mr. Brigham: Mr. Mayor, I’d like to make a motion that we approve this but I do want to put some additional stipulations on it. I think we need to have a 20 foot buffer between Pleasant Home Road and the car lot and also on the residential side between the car lot and the back residents I think there needs to be a 20 foot buffer. I also think there needs to be a 20 foot buffer between the church and the car lot and a hedge or some kind of wall to block the view of the car lot from that side. And with that I’ll make a motion we approve this. Mr. Mayor: Okay, we have a motion. Is there a second? Mr. Smith: Second. Mr. Mayor: Okay, we have a motion and a second and Commissioner Bowles. Mr. Bowles: I’d like to hear from the petitioner on that subject. Mr. Mayor: Okay, Mr. Christine. Mr. Christine: And if you could state your name and address for the record. Mr. Christine: Bobby Christine. I maintain my law office at 4024 Washington Road. And I’ll keep it brief and not just because I’m not being paid to be up here. I’m not representing the church in my legal capacity but rather as president of the church council. What we have is a church that was founded actually in a home in Montclair forty years ago, forty years ago this year. And we struggled and we grew just like Pineview. And we got to a position where we could purchase property. And we’ve done that. We want to build a sanctuary, a bigger sanctuary to accommodate our church just like Pineview wants to purchase our sanctuary. Mr. Mayor: Is that going to be in Richmond or Columbia County? Mr. Christine: It will be in Columbia County. Mr. Mayor: Okay. Just checking. Mr. Christine: It won’t be taken off of your tax digest. And so what we’ve done is in order to be able to finance that new sanctuary we’re trying to sell our old sanctuary. And we’re trying desperately and I have personally for well now three years now to keep this property that we love so much as a church. And we finally found a way to do it. That portion of this property which is currently a church will remain a church. Back on your consent agenda 38 and number 6 you’ve enabled us to be able to do that. So the gymnasium will be filled with children going to church and the sanctuary will be filled with children going to church. That portion which is not developed is what Milton Ruben is interested in and I cannot speak on his behalf and I don’t know specifically what his plans are. I bet you drove past there on Sundays when we were having services. It probably looked just like what he’s going to do, park cars on it. But I don’t know. What I do know is that a 20-foot buffer on these three sides I’m told by a representative of Mr. Ruben means that we’re not going to be able to sell this property which means that 21 Pineview is not going to be able to have their home there and it will break the hearts of many of these folks from Montclair who want to see it remain a church. Now I now that there is business all around it. Directly across the street of course you have a Quizno’s Restaurant so, a Steakout restaurant and hearing aid business. You have a travel agency. There’s buffer already required on the Pleasant Home side. That’s going to be the 10 feet required. In fact Planning and Zoning unanimously considered the 20-foot buffer and said no. A buffer 20 feet on that other side closest to where Pineview is going to be, Commissioner Brigham, means that they’re not going to be able to have the easement that you just approved in item 38. And there’d be no requirement of a 20-foot buffer on that because everything behind it is owned not by residential but by commercial uses already. The Mason’s lodge and now Pineview that doesn’t want that buffer on back. I’m begging you to help me help Pineview and my church. And again I don’t mean to be presumptuous, I know there’s issues. I know that the folks on Pleasant Home want to keep it that way. Commissioner Brigham, is your office still down there a few feet further closer toward Montclair than our property. I don’t want to kick you off yours. Please help me keep this a church. Mr. Brigham: Good try. Mr. Mayor: Okay, please, please hold your applause until the end. Mr. Christine, you might not be acting in the capacity of a lawyer but you sure look like one. Mr. Christine: It’s not because I think our motion is going to fail. I think you’re going to do the right thing but in case for purposes of the record as Mr. Boudreaux I’m sure will take note I’d have to make a note that if it were denied that we’d have issues of eminent domain and arbitrary unreasonable refusals to zone, unconstitutional taking without adequate compensation. Maintenance of the current zoning would make what we’re trying to do --- Mr. Mayor: Okay, okay. Mr. Brigham: Mr. Mayor, I think he’s gone over his five minutes. Mr. Mayor: I know he has not but he’s right up against it so. Mr. Christine: God willing, we won’t have to use those due process arguments on this. Mr. Mayor: Okay. Thank you. We have --- Mr. Brigham: Mr. Mayor, I’d like to hear from Mr. Patty. Mr. Mayor: Mr. Brigham, wait until I’ve recognized you, please, sir. Mr. Brigham. Mr. Brigham: May I hear from Mr. Patty about our setback requirements on commercial properties? Mr. Mayor: Mr. Patty. 22 Mr. Brigham: And currently if it’s in the law. I don’t think I’ve made any exceptions. Mr. Patty: If they do decide to buy this property and I guess it’s been a parking lot and maybe it’s paved any maybe they wouldn’t do one I don’t know. But if they do a site plan on it then they’re going to have to conform to your tree ordinance and that would require a 10-foot buffer against the church which you know may not make any sense and there is a variance provision for that. It would require a 20-foot buffer on the rear because the back street properties are still zoned single family residential and you have commercial against single family residential and that would require a 20-foot buffer back there. It would require a 10-foot buffer on the front, essentially a 10-foot street yard on the front adjacent to the Pleasant Home Road right-of-way. And I think maybe where this all came from is in the tree ordinance if that had been a parking lot which it was and had been developed after the tree ordinance was adopted then they would have had to do a 20-foot street yard out there. Because if you have over a hundred parking spaces it requires a 20-foot versus a 10-foot street yard. Vehicle display areas are exempted from that requirement, a 10-foot street yard. So I asked the petitioners at the Planning Commission meeting to go ahead and do the twenty and they simply couldn’t do it so the Planning Commission approved it without a requirement. But they would if you approve it. It would require a 10-foot street yard, a 10-foot side yard adjacent to the church and a 20-foot buffer on the back. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Mayor, I’m willing to go with the 10-foot side yard but I am very adamant that we need the 20-foot street yard. We just approved a parcel in South Richmond County that’s fronting a commercial road with a 20-foot footage of front footage or we delayed it on account of some kind of discussion about whether it should be 20-foot or not. I think that Pleasant Home Road is not an arterial. I think it is a neighborhood road, it’s a two-lane road and I think it’s not an unreasonable request to ask for a 20-foot street yard on that side. And I think that it would be very appropriate that we have a site plan included in any kind of improvements or any kind of grading and paving of this parking lot. I think that would be something that is not unreasonable. And I don’t think I’ve asked, and I’m willing to amend my motion to go with a 10-foot side yard but I’m not willing to give up on the other two. Mr. Mayor: Okay, are you amending that motion? Mr. Brigham: Yeah, I’ll amend it to that. Mr. Mayor: Okay. He’s amended the motion. Mr. Brigham: I ain’t got a second yet but I’m looking for one. Mr. Mayor: Do we have a second on his amended motion? Mr. Smith: I’ll second it. Mr. Mayor: Commissioner Smith seconds. Commissioner Bowles. 23 Mr. Bowles: Can I hear from Mr. Hogan, please? Mr. Mayor: Mr. Hogan. Mr. Hogan: Yes, sir. This deal hinges on Mr. Ruben being able to use his property. Taking another 10 feet off of it is actually condensing the property to where he cannot use it. What we’re willing to do what the ordinances require but I think I can speak for Mr. Trotter. Maybe Mr. Trotter can speak for Mr. Ruben if he’s willing to. I don’t think he’s willing to do that. Mr. Mayor: Okay, Mr. Trotter, and then we’re closing the subject and I’m, we’re moving on. Mr. Trotter: Mr. Mayor and members of the Commission. The ordinance as Mr. Patty pointed out already requires a 10-foot buffer along the Pleasant Home Road side of this property. And of course we don’t have any problem with abiding by and intend to abide by that. The northern boundary of this property is bordered by a property that is zoned B-2 which is the same zoning we seek. The southern boundary is actually going to be an easement area that will allow Pineview Baptist Church to have access to its property over a portion of what Milton Ruben is buying. So if you have a side setback on the southern portion of the Milton Ruben property it will eliminate the access or impede the access to the Pineview site. We’re actually doing this transaction as in conjunction with what will be the Pineview property and what will be the Milton Ruben property. So and again as Mr. Patty pointed out the tree ordinance covers the rear 20 feet of this property as long as those two parcels on Davant Street are zoned residential. Mr. Mayor: Okay, is there a willingness within the body to make a substitute motion in this? Commissioner Grantham, then Commissioner Hatney. Mr. Grantham: Mr. Mayor, I see us you know possibly going nowhere with this right now with trying to get this accomplished. And I think there’s a compromise in order. Since we’ve agreed on three sides why not take a compromise and ask Mr. Trotter if Mr. Ruben will be willing for a 15-foot setback and let’s go on and move this thing forward so that both parties can have a satisfying consent of this. So if, I mean if that would be in order I think you said a 10- foot would constrain somewhat but the 20 foot would be the max that we could give but would 15-feet be in order for him to utilize that property for himself and the church. Mr. Hogan: Are you talking about a 15-foot setback along Pleasant Home Road? Mr. Grantham: No, not along Pleasant Home Road because that’s the 10-foot setback --- Mr. Hogan: Right. Mr. Grantham: --- that you were just talking about. Where we were requesting the 20- foot buffer --- 24 Mr. Hogan: Along the common lines of the church. Mr. Grantham: --- along the common lines of the church if we do 15 feet would that be sufficient to do what y’all need to do? Mr. Hogan: Well, I think the church would oppose that 15 foot just as much as Milton Ruben would because it interferes again with the access to the two parcels. The access to the church and to this parcel that you’re talking about now will be through a common driveway that serves both. And that was the way in which the concept was developed and presented to the Planning Commission and of course in one of the items you approved earlier today on the consent agenda it requires the maintenance of this easement that we have to put in. And I think Rev. Davenport is here now and he can speak to the preference of Pineview better than I can but at least it’s our understanding that we want this as a parcel so that both can freely use this ingress and egress to it from Pleasant Home Road as well to and from Davant Street. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Could we have Mr. Patty up, please? Mr. Mayor: Please. Mr. Patty. Mr. Hatney: What did the Planning and Zoning actually approve? What did they approve? Mr. Patty: They approved the zoning with no conditions. Mr. Hatney: They approved with no conditions. Mr. Patty: That’s correct. Mr. Hatney: Okay and that met the various criteria that they needed to move these parcels between the church and Milton Ruben. Mr. Patty: Yes. Mr. Hatney: Okay. Mr. Mayor: Okay. Mr. Hogan: May I ask Mr. Patty? Didn’t you approve it with the condition that we have --- Mr. Mayor: Through the Chair, please, sir. Mr. Patty: The first one, the one that you approved by consent did have a condition on it. That condition was that they would retain an easement over this property in order to get the lot 25 they’ve got on Davant Street. It might be needed for future parking to retain that lot. On this particular case that you’ve got in front of you right now, this agenda item there was no condition. We had suggested the 20-foot buffer but they said they couldn’t live with it. Mr. Hatney: Okay. Mr. Patty: I’m sorry a 20-foot street yard. Mr. Hatney: Okay. Mr. Mayor: Is there anybody that would like to make a substitute motion on this regard. Mr. Hatney: I personally have no problem doing that because --- Mr. Mayor: Commissioner Hatney. Mr. Hatney: --- I’ll make a substitute motion that we go ahead and allow this transaction to take place as it was recommended by Planning and Zoning. Mr. Holland: I second it. Mr. Mayor: Okay, we have a substitute motion and second. Okay, if there’s no further discussion commissioners will now vote by the substitute sign of voting on the substitute motion. Mr. Brigham votes No. Motion carries 9-1. (APPLAUSE) Mr. Mayor: Please, please y’all. We’re trying to keep order in here and we’re doing so much better. But thank y’all for coming today. Next agenda item, Madam Clerk. The Clerk: PUBLIC SERVICES 40. Transfer Application: A.N. 07-54: A request by Marion R. Rosier to transfer the on premise consumption Liquor, Beer & Wine license used in connection with Club Dreams located at 3023 Washington Rd. to 3054 Damascus Rd. to be used in connection with Club Love. There will be Dance. District 5. Super District 9. This application is to be discussed in conjunction with the matter of the revocation of the business and alcohol licenses for Club Dreams at the 3023 Washington Road location. (Referred from January 7 Public Services meeting with no recommendation. Mr. Mayor: Okay, Mr. Sherman. Mr. Sherman: Mayor and Commissioners, Mr. Rosier is not here today. His attorneys are here and they would like to address the commission and then I’ll proceed after that. 26 Mr. Mayor: Okay. Gentlemen, if you could state your names and addresses for the record please and keep it to five minutes. Mr. Larke: Leon Larke. Charles Lyons, 236 Telfair. Mr. Larke: Mr. Mayor and members of the Commission. What I’d like to put forth here today is that my client Mr. Rosier basically wants to rescind the request for transfer of a license of a alcohol license to the Damascus --- Mr. Smith: Mr. Mayor? Mr. Mayor: Commissioner Smith. Mr. Larke: Can you hear me now? Mr. Smith: If you get it up to your mouth we can. Mr. Larke: Can you hear me now? Mr. Smith: Yes. Mr. Larke: All right thank you. Mr. Mayor: It’s just like that cell phone commercial. Mr. Larke: Yes, what I was saying is that on behalf of Mr. Rosier we’d like to express to this Commission his desire to rescind his request for a transfer of the alcohol license which is the subject here to the Damascus Road location. And just take that off the table at this time. Mr. Mayor: Okay, thank you, sir. Mr. Sherman. Mr. Sherman: The Mayor and the Commission can consider the withdrawal of the application. If you accept the withdrawal the applicant cannot apply for an alcohol license at that location on Damascus Road or on Washington Road nor can anyone else apply for a license at either location for a period of twelve months. If he withdraws his application and the Commission unanimously votes and approves waiving the twelfth month period of no alcohol license at either location you can do that. If you take action on it and deny the renewal of the license at Washington Road as well as deny the transfer of the license to Damascus Road you end up with the same thing. No license can be taken out or applied for and approved at Washington Road or Damascus Road for a period of twelve months. But in addition Mr. Rosier then would then have a denial revocation on his record, on his alcohol license. That would be the result of the denial by the Commission. Mr. Mayor: Okay, and Commissioner Holland. 27 Mr. Holland: Thank you, Mr. Mayor. Mr. Mayor, I think it’s very noble of Mr. Rosier and his attorney to want to withdraw, rescind the license at this particular time. But my concern is not only you know simply because it’s District 5 it’s because of the community that’s involved in that particular area. That area, we do not want period anyone to come back and apply for a liquor license. What we’re concerned about is whether or not you would be able to, would you be willing to put this in writing that you will not come back in twelve months time and apply for a liquor license for the Damascus Road area. Because this is our concern about Club Love because we feel that in twelve months you can come back and apply for a liquor license if it’s not denied then you can start another club there and have a liquor license and start selling liquor back there again. So if you would assure us that you can put this in writing that you and your, the owner of the club would not come back and apply for a liquor license in twelve months time I believe that we would be willing and the people in the community will be willing to go along with you with that. Because we do not want period, in that particular area we do not want period a club in that area. Mr. Larke: I think that what you have expressed can be done. I think that the owner, Mr. Rosier, understands that being an energetic, creative young man he can operate a business that doesn’t depend on alcohol at all. So we have no problem with that. Mr. Holland: Well then, Mr. Mayor, if that’s the case I’d like to make a motion that they would put this in writing and bring this back before the Commission so we’ll have an opportunity to see this and make sure this is authentic and then we’ll vote on it at that particular time. Mr. Mayor: Okay, is there a second on that? Commissioner Mason? Mr. Mason: Thank you, Mr. Mayor. I still think that we have some outstanding issues even with the rescinding of the request from the applicants. I’m not quite sure that we have addressed the issue appropriately in terms of not only Damascus as Commissioner Holland has referenced. But I don’t know that we’ve addressed it appropriately in terms of Washington Road. One of the questions I would have, Mr. Mayor, is there a current lease in operation at this time from these applicants on Washington Road? Mr. Larke: No. Mr. Mason: Very well. How about Damascus Road. Mr. Larke: Yes. Mr. Mason: There is a current lease. Mr. Mayor: Commissioner Brigham. Mr. Brigham: I’d like for Mr. Sherman to state the options again. I believe I heard something about we can deny the transfer and can we also rescind or deny the current license. 28 Mr. Sherman: Yes. The agenda item is, there’s two issues actually. One is to consider the denial of the alcohol license and business license on Washington Road at Club Dreams. The other item on the agenda is to consider the approval or denial of the transfer of the alcohol license to Damascus Road to Club Love. If you accept the withdrawal what that would mean as it’s presently without any conditions is that Mr. Rosier can not apply for an alcohol license at Washington Road or Damascus Road for a period of twelve months nor can anyone else apply for an alcohol license at either of those addresses for a period of twelve months. There is another section of that same code that states that with unanimous approval of the Commission you can waive that twelve-month period where no alcohol license can be applied for at either address. If you deny the license without allowing the withdrawal basically the same thing occurs. No one can apply for an alcohol license on Washington Road at that address or at Damascus Road at that address. Mr. Rosier can’t apply either at either addresses but also Mr. Rosier would end up with a denial on his current application so in the event he comes back and applies at another location he has a record where his license has been denied at a previous location and that is under the subjective criteria or other considerations for denying an alcohol license. That would be on the record for you to consider. On the record as it stands is the fact that he’s had problems at another location, the Washington Road and I think that exists. So that is the two options. Mr. Mayor: Commissioner Brigham. Mr. Brigham: My motion is to make a denial of both the transfer and the license on Washington Road for Club Dreams and Club Love. Mr. Bowles: Second. Mr. Mayor: Okay, we have a motion and a second. Commissioner Grantham. Mr. Grantham: Yeah, I wanted to make sure that Commissioner Brigham included the location of Damascus Road. He just mentioned Club Love. Let’s include Damascus Road in that denial request. Mr. Brigham: That was the denial of the transfer. Mr. Grantham: Okay. Mr. Mayor: Okay. Commissioner Holland. Mr. Holland: I still need an explanation on it. Does this still mean that they can come back after a twelve-month period and reapply for a liquor license for Club Love on Damascus Road. And that’s what I’m concerned about. Mr. Sherman: Yes. Mr. Mayor: Commissioner Mason. 29 Mr. Mason: Before voting, Mr. Mayor, I would like to hear from one of the victims of that shooting at Club Dreams. Is he here? Mr. Mayor: Yes, sir, and if you could state your name and address for the record. Mr. Speaker: Hello everyone. My name is James McBride I was one of the victims who was shot in the face at that club that day. He was (INUDIBLE) saying that we are criminals but I’m not a criminal. I never had a record, I don’t have a record at all. I graduated at the top of the class in 2001 and went on to college at Augusta Tech and graduated (INAUDIBLE). I died twice that day. I died twice. Ms. Speaker: (INAUDIBLE) he was supposed to --- it was my understanding. (INAUDIBLE). My son right now he’s disabled. He can’t do the things he used to do and he’s just trying to take it from there. Mr. Mayor: Thank y’all. Okay we have a motion and a second. If there’s no --- Mr. Larke: Can we respond? Mr. Mayor: Sir, I’ll tell you I believe that we’ve, you know we’ve heard from both sides on the issue and --- Mr. Larke: We haven’t heard any evidence. Mr. Mayor: Well, this is not a court of law, sir, this is --- Mr. Larke: I understand that --- Mr. Mayor: --- and, sir, but we have given equal time. I would say that you know equal time has been given with regards to the subjects. Mr. Lyons: (INAUDIBLE) Mr. Mayor: Okay, if you would like to place your objections on the record that’s fine. Mr. Lyons: I think the minutes should reflect adequately that there has not been equal time. We came in here to surrender the license we made a brief statement --- Mr. Mayor: But, sir, when you say equal time with regards to the Commissioners time is different from people that are discussing this issue and License and Inspection but you can check the minutes but please go ahead. Mr. Lyons: Mr. Mayor, yes, I just want to have the opportunity to speak without being interrupted. Under the city’s code 6-2-63 if you are intending to revoke this license then you have to present evidence and give the party opposing it the opportunity to cross examine those witnesses and present his own evidence. And that hasn’t happened today. We object the 30 revocation of the license assuming this code section due to the fact that the city hasn’t presented any evidence in that nature to continue. Mr. Larke: We’ve been denied due process if the vote is to revoke the license. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I’d like to get a recommendation from the Richmond County Sheriff’s Department if anybody’s here that can recommend what they would have us to do. Sgt. Elim: Our recommendation (INAUDIBLE) Mr. Johnson: Revocation? Mr. Mayor: Okay. Mr. Holland: Mr. Mayor? Mr. Mayor: Commissioner Holland. Mr. Larke: Now our point is that we have a right --- Mr. Mayor: Sir, please, you also need to wait to be recognized before you speak. Thank you very much. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. Mr. Mayor, in view of the fact that you know we’ve had the Sheriff’s Department to come before us twice in reference to this particular club. We don’t want, we don’t this club to move from one area, from one neighborhood to another neighborhood because we don’t want anything in our area that anybody else don’t want in their area. So we don’t want the baggage to follow from Club Dreams down to Damascus Road. So we are definitely concerned about whether or not that will happen or not. So we are adamantly against Club Love having any liquor license and opening up a club there at all. So my motion, my motion once again is to completely deny Club Dreams and Club Love liquor license period from opening up a club on Damascus Road. That is my motion to deny their license. Mr. Mayor: Okay. Based upon the advice of our attorney I’m going to give the attorney’s in order to allow for due process I will allow five more minutes for you. Mr. Lyons: What we would like for the city to do is consider Section 6-2-64 of the city’s code sub section and require that as the proof be provided here today and under that code section give us the opportunity to cross examine those witnesses that the city wants to uphold. Mr. Larke: We would contend that as long as our cross examination is relevant and material to what the evidence is that they’re presenting to be restricted to five minutes would be contrary to the rules. 31 Mr. Mayor: Well, we do have policies and rules of procedure that govern how we run the meetings and the body. I would to legal counsel. Once again this is, know that legal counsel is conferring but this is not a court of law. Can we? Mr. Speaker: We refer to Bolton versus the City of Jasper at 279 Georgia, 262 (Unintelligible). Mr. Grantham: Mr. Mayor. Mr. Mayor: Mr. Grantham, then Mr. Bowles. Mr. Grantham: And I can appreciate the fact what they’re saying, Mr. Mayor, but there’s another step that this can be taken to and the thing for you to do is either appeal or file against this government in our court. That’s your next course. From our standpoint I think we need to call the question. Mr. Mayor: Okay the question’s been called for. I do want to hear from legal counsel prior to. Mr. Holland: Mr. Mayor, can I make a statement? Mr. Mayor: Commissioner Holland, I’ve actually gotten you twice on this one. Mr. Holland: Can I have a point of personal privilege then? Mr. Mayor: Please. Mr. Holland: Thank you, Mr. Mayor. You know in view of the fact I’ve mentioned to the gentleman in the beginning about a letter in writing and we’re going to receive a letter in writing from them that would state that they’re not going to apply for a liquor license. I believe that would be sufficient for both parties at hand at this particular time Mr. Mayor. That’s why I put that in the motion. So we’re going to receive a letter and he’s already stated that that it wouldn’t be a problem getting a letter from the owner. I think that would be sufficient because they will be giving up the license. Mr. Mayor: The question has been called for. Based upon legal counsel’s advice I’d like to call Sgt. Elim forward. I believe you have presented the evidence in the past and I would give you in this, we will constrain this to five minutes due to the fact that the rules that govern this body be restricted to five minutes. So please, Sgt. Elim, if you’d like to state the evidence against and then you gentlemen have the time to respond or cross-examine. Sgt. Elam: Yes, sir. We --- the stats from 8-1-05 through 12-31-07 we responded to approximately 400 calls at that location. Approximately 300 of those (INAUDIBLE). In the reporting time we responded to armed robberies, robberies by force. On several occasions as you well know back in ’07 we responded to multiple citations for noise violations. We had 32 situations at the club where we did have knife assault, aggravated assaulted on one of the security personnel, he was shot in the parking lot. Since then we’ve had several calls about gunshots being fired. In one instance where the gunshots had been fired a 17-year old youth was detained not far from the club. The matter was traced back to the club. He had a sawed off AK47 type assault rifle. Actually an SKS, which is similar. Given that and the recent shooting we just feel that this matter, it would be our recommendation we couldn’t in good conscience before we had a fight regardless it’s the best way to a point we had a homicide location and it was very close here. I didn’t actually interview this gentleman. In the last year with Mr. Dix and before the shooting back in February he was shot in the neck. That gentleman almost died. In this shooting two persons was shot both of them what I would consider depending on someone who knows more than I do, they had the same type of rounds we use would be legal shots because one was in the back of the headshot and the other one was a face shot. The gentleman was shot in the back of the head. At the scene when I responded to the scene it was told to me that they didn’t anticipate him to live. He lived and we don’t have a homicide. And so at that time we reevaluated the club and considered probation. It was the Sheriff’s recommendation we ask for revocation. Keep in mind at the new location we felt we’ll still have significant problems. The Washington Road location, that crowd with the owner, that crowd would just move to the Damascus Road location. It is a more isolated location but the I think we wouldn’t have the noise complaint problem at that location but we were concerned about the violence. Mr. Mayor: Okay, and, gentlemen, you will have your five minutes and the question has been called for so no more discussion by the commission. Please. Mr. Larke: Mr. Elim, you mentioned that there was a previous shooting or an employee there I believe? Sgt. Elim: Yes, sir, Mr. Dix. Mr. Larke: All right, now are you aware that Mr. Dix was not shot on the premises of Club Dreams? Sgt. Elim: Yes, sir. Mr. Larke: Do you know, do you know that, are you familiar with any findings by any decision making bodies such as the Worker’s Compensation Board. Are you aware that the Worker’s Compensation Board after about a three-hour hearing found that Mr. Dix’s shooting had nothing to do with his employment at Club Dreams? Were you aware of that? Sgt. Elim: Yes, sir. I don’t know exactly where you’re going with that but I believe we cleared that shooting in the Augusta Ink roundup if I’m not mistaken. Mr. Larke: But it didn’t have anything to do with Club Dreams. Sgt. Elim: But it had something to do with that employee. 33 Mr. Larke: Well but and I’m going to leave this alone, if the Worker’s Comp Board decided that it, his, Paul Dix shooting did not occur within the course of his employment. Sgt. Elim: I did not know that. Mr. Larke: Now you mentioned that there was some noise violations. Sgt. Elim: Yes, sir. Mr. Larke: All right now since the club’s going to no longer be located at Washington Road wouldn’t that in of itself alleviate any noise complaints from that area? Sgt. Elim: I would agree with you. Mr. Larke: And you said that there was some 300 or 400 or so complaints regarding Club Dreams. Correct? Sgt. Elim: Yes, sir. Mr. Larke: And now you don’t have any, any specificity as far as those 300 or so complaints with you do you? Sgt. Elim: I have a brief summary. Mr. Larke: But in terms of like who made them, when they were made specifically which dates, which facts were gathered. Anything of that sort here today. Sgt. Elim: No, sir, I have several I can tell you about if you want to do that. Mr. Larke: But as for as the 300, 400 you were talking about. You have several. Sgt. Elim: Yes, sir. Mr. Larke: All right. Mr. Lyons: On these calls and complaints can you tell us about prosecutions on any of those calls. Sgt. Elim: No, sir. Mr. Lyons: Can you tell us if anybody got convicted in any court of law in Richmond County on any of those calls? Sgt. Elim: Relative to the noise complaints I can tell you the rest of them I can’t. 34 Mr. Lyons: Now were you involved in the investigation of the shooting that occurred on January, December? Sgt. Elim: Not directly, no, sir. Mr. Lyons: Do you have any evidence that the shooting had anything to do with Mr. Rosier the owner of the club? Sgt. Elim: I could probably tell you it had nothing to do with Mr. Rosier. Mr. Lyons: Did anybody make any investigations as far as what type of security was in place that particular evening at Club Dreams. Sgt. Elim: There was no special duty police presence but I mean when I say special duty for those that don’t know that’s our off duty deputies but there were club security, yes, sir. Mr. Lyons: And I think the last time we were here you testified that the shooting occurred some I guess some 100 feet from the entrance of the Club. Sgt. Elim: That’s correct. Mr. Lyons: Was that close to Washington Road? Sgt. Elim: Actually it was closer to the front door, sir. Mr. Lyons: I thought it was a hundred feet or so from the club. Sgt. Elim: From the front door of the club. As you walk out of the door I would say it was less than 500 feet give or take. Mr. Lyons: Was that on the closest to Washington Road end? Sgt. Elim: It was on the Washington Road end. Mr. Lyons: Do you know if anybody’s been apprehended in regard to that shooting? Sgt. Elim: I don’t think the shooter has been charged, no, sir. Mr. Lyons: And due to your investigation would it reveal any reasoning or any basis of why that shooting occurred? Sgt. Elim: No, sir. I can show you where it started where it started up again and where the shots were fired. Mr. Grantham: Mr. Mayor --- 35 Mr. Mayor: Okay, gentlemen your five minutes is up. The question’s been called for. The commission will now vote by the usual sign of voting. For clarification, Madam Clerk, could you read back the motion? The Clerk: The motion was to deny the transfer request in connection with Club Dreams located at 3024 Washington Road to be used in connection with Club Love and to deny the business and alcohol license of Club Dreams at 3024 Washington Road. Mr. Smith: Mr. Mayor. Mr. Mayor: The question’s been called for Mr. Smith. Commissioners will now vote by the usual sign. Mr. Hatney and Ms. Beard abstain. Motion carries 8-2. Mr. Mayor: Okay, Madam Clerk, next agenda item. The Clerk: ADMINISTRATIVE SERVICES 41. Consider a request from United Way for reconsideration of funding from the 2008 CDBG Program. (No recommendation from Administrative Services Committee January 7, 2008) Mr. Mayor: Okay, and if we could hear from Mr. Russell. Mr. Russell: Mr. Mayor, that item was before committee last week. The recommendation from staff is that we deny funding for this from CDBG funds. As noted last week this is a hard item to bring into those particular funding formulas there. That money is designated for low-income persons. Because of the nature of this event, this activity it does not meet the national objectives and our staff had some concerns about funding through this funding source. Mr. Mayor: Ms. Beard. Ms. Beard: Mr. Mayor, I was a bit concerned when we turned that down because I think 211 is needed in our community. Not only would it help our citizens it would help us. And right now they are receiving funding from, they’re receiving federal funding, foundation funding, state funding, the United Way and they’re simply asking for assistance from us. Now we have calls all the time, calls in reference to how to handle mortgages, questions about our health, what have you. And this would be a venue that we could have at our fingertips to let people know where, and have someone to provide information. Something similar to Augusta Cares. And they requested something like $12,000. If we could not give all of that maybe a portion. But I feel it is needed and I am wondering if maybe we could have another source. 36 Mr. Mayor: Okay. Mr. Russell, did you have your hand up? Mr. Russell: It would be my suggestion that if you do want to fund this you seek another source other than CDBG funding. I’ll be more than happy to do that if necessary if that’s the wish of the group or that you give them some reduced, reduced number from the $12,000. on that. But I would be against funding it out of CDBG. I am in favor of the program, it’s a good program it provides a benefit for our citizens. Mr. Mayor: Commissioner Hatney, did you? Mr. Hatney: I was under the impression that in the committee meeting we asked Mr. Russell or to ask him would he responsibility to see if he could find other resources other than CDBG. I was under the impression that’s what we asked him to do to start with. That it wouldn’t be on here because if we didn’t agree to that and he was asked I thought and if he wasn’t asked I’m going to ask him now that you would seek some other source if you don’t mind. I put that in the form of a motion. Mr. Mayor: We have a motion. Is there a second? Ms. Beard: I’ll second it. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Mr. Mayor, are we saying that we’re going along with the recommendation of our Administrator to deny the request based on CDBG money but then asking him to look in addition. So we would need to deny this particular agenda item and then let them reapply under the recommendation made by Commissioner Hatney. Mr. Mayor: Mr. Russell. Mr. Russell: It’s my understanding and I apologize, Dr. Hatney, I did not understand that in the committee. But we have, you know there are other funding mechanisms available for that and I’m not uncomfortable --- Mr. Hatney: Okay. Mr. Russell: --- doing that if necessary. Mr. Hatney: I’ll change my motion then to deny this request but to ask the Administrator to find, see if he can find funding to assist these folks. Mr. Mayor: Okay, we have a motion and a second. Commissioner Bowles. Mr. Bowles: Yeah, I’d just like to ask the Administrator what additional sources are out there besides the General Fund. 37 Mr. Russell: None to my knowledge outside the General Fund. We have some contingency dollars available. Mr. Bowles: I’d like to make a substitute motion to deny the request, Mr. Mayor . Mr. Brigham: Second. Mr. Mayor: Okay, we have a substitute motion and a second. If there is no further discussion commissioners will now vote on the substitute motion to deny by the substitute sign of voting. Mr. Johnson, Mr. Hatney and Ms. Beard vote No. Mr. Holland out. Motion carries 6-3. Mr. Mayor: Next agenda item, Madam Clerk. The Clerk: ATTORNEY 47. Approve authorization for scanning and computer terminal access to Procurement records. Mr. Mayor: Do we have anybody to speak to this as the Attorney? Mr. Boudreaux: Mr. Mayor, in talking with Ms. Sams about this I think that we need to refer this matter to committee. Mr. Mayor: Okay. Mr. Hatney: So moved. Mr. Mayor: We have a motion. Is there a second? Mr. Grantham: Second. Mr. Mayor: We have a motion and second. Is there any further discussion? Mr. Brigham: Which committee are we referring it back to, Mr. Mayor? Mr. Russell: Administrative Services. Mr. Mayor: Administrative Services. 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. 38 Mr. Grantham: Wait a minute. What’re we voting on? Mr. Mayor: To refer it to Administrative Services. The Clerk: Item 47 to Administrative Services. Mr. Mayor: You were part of the unanimous vote, Commissioner Grantham. And agenda item 48 I believe needs to be taken in Legal. Mr. Boudreaux: That’s correct. ATTORNEY 48. Representation of Clerk of Commission by Attorney Ben Allen, Case No. 2007-RCCV- 745. Mr. Mayor: Okay. Can I get a motion to refer 48 to Legal session? Mr. Mason: So moved. Mr. Holland: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners will vote by the usual sign. Motion carries 10-0. Mr. Mayor: Okay, and, Mr. Boudreaux, a few things for Legal? Mr. Boudreaux: Actually that agenda item is the only matter for Legal. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 50. Motion to go into a Legal Meeting. Mr. Holland: So moved. Mr. Hatney: Second. Mr. Mayor: Okay. If I could get a motion to go into a Legal Meeting for the matters of Pending and Potential Litigation, Real Estate and Personnel. 39 Mr. Brigham: So moved. Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Bowles out. Motion carries 9-0. Mr. Mayor: Mr. Boudreaux. [LEGAL MEETING] ATTORNEY 48. Representation of Clerk of Commission by Attorney Ben Allen, Case no. 2007-RCCV- 745. Mr. Boudreaux: For agenda item number 48 we need a motion for approval of the retainer of Mr. Allen to represent Ms. Bonner in that litigation. Mr. Mayor: Can I get a --- Mr. Hatney: So moved. Mr. Mayor: We have a motion is there a second. Mr. Mason: Second. Mr. Mayor: We have a motion and second. Mr. Holland. Mr. Holland: Yes sir, Mr. Mayor. I make a motion to approve Section 152 to approve Mr. Allen as retainer for Ms. Bonner and attorney’s fees for any other compensation that’s necessary. Mr. Mayor: Okay. We had a primary motion, the initial motion. Would you like to amend the motion to reflect that? Mr. Hatney: Okay. Mr. Mayor: Okay. We have a motion and a second. Commissioners will now by the usual sign. Mr. Brigham: Mr. Mayor, I’ve got a question --- Mr. Mayor: Commissioner Brigham. 40 Mr. Brigham: --- before we vote. At what rate? Mr. Holland: At the rate that Mr. Allen had requested. Mr. Brigham: I think we ought to do it at the rate the County Attorney’s getting paid. And I’ll make a substitute motion to that affect. Mr. Holland: I thought after we mentioned, I thought it was discussed that we would accept that after he had already been advised. Mr. Brigham: I don’t have a problem paying him but I do have a problem paying him at a higher rate. Mr. Mayor: There’s a substitute motion but there’s no second to the substitute motion. Commissioners will now vote by the usual sign on the primary motion. Mr. Brigham votes No. Motion carries 9-1. 51. Motion to authorize the Mayor to execute the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Mayor: Okay, prior to Ms. Beard I think we need a motion to approve the closed affidavit. Can I get a motion to that affect? Mr. Brigham: So moved. Mr. Hatney: Second. Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: And I would now like to recognize Ms. Beard. Ms. Beard: Mr. Mayor, I would like to request that we revisit item 36. Mr. Bowles: Second. Mr. Mayor: That was in the form of a motion. We have a second. Commissioners will now vote by the usual sign. Motion carries 10-0. 41 The Clerk: PLANNING 36. Z-07-104 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the following conditions 1) no access to Sharon Road; 2) no freestanding signage within 100 feet of the right-of-way of Sharon Road; 3) a 10 foot buffer conforming with the Augusta-Richmond County Tree Ordinance side buffer yard requirements including a 6 foot solid board fence along Sharon Road right-of-way with no gate except as required by fire codes; 4) buildings shall not exceed 2 ½ stories or 45 feet in height and 5) the use shall be limited to a landscape service business or those uses allowed in a B-1 (Neighborhood Business) Zone; a petition by Mark Jackson, on behalf of Tyler Eidson, requesting a change of zoning from R-1B (One-family Residential) to Zone B-2 (General Business) affecting property containing approximately 1.1 acres and is known as 1650 Barton Chapel Road. (Tax Map 054 Parcel 028) meeting. DISTRICT 3) Mr. Mayor: Okay, Ms. Beard I think, did we have some objectors here who wanted to speak? If you come forward, please, sir, and state your name and address for the record. Mr. Brigham: Mr. Mayor, before we start that is the petitioner here? Mr. Mayor: Is the petitioner here? Mr. Brigham: I make a motion we postpone this to our nextmeeting. I don’t think it’s fair to have one side without the other one. Mr. Mayor: Okay, we have a motion to refer this to our next meeting. Is there a second? Mr. Grantham: Second. Mr. Mayor: Commissioner Bowles. Mr. Bowles: I don’t see what harm it would be just to hear what they have to say for five minutes. Mr. Grantham: I don’t mind. Mr. Mayor: Okay. Ms. Beard: And they’ve waited a long time. Mr. Mayor: And you’ve waited a long time. Please. Mr. Speaker: My name is James Johnson and I’m the president of Barton Chapel and Sharon Road Neighborhood Association. And what we are asking for, we was outside when it was called up and we didn’t hear. So what we want to do, we want him to put all this what he’s supposed to do in writing and we get it signed from the authorized person here in the city and we 42 look at it and check it to see if this what we approve of. This is what we want him to do so that they can vote on that. Ms. Johnson: And I’m Helen Johnson. I’m the secretary of the Barton Chapel Sharon Road Neighborhood Association. We have been meeting and we’ve had quite a bit of discussion about this matter. And we’ll be just as glad to get it settled as you might be also. But what, we’ve talked with Mr. Jackson on several occasions and of course we need to get more clarity on what he’s going to do. He tells us he’s going to have this landscaping business and of course, is it proper to have an agricultural drawing or some type of thing that we can see exactly what he’s going to do. Now he told us that he would have a clone or a chain fence to go around the perimeter of his business but I noticed here if you look on this record here it says a boarded fence. We’re asking that he keep up with a residential area and we certainly would not want to degrade our property or our residential area with that which looks more like an industrial building or tiles you see. And if he could really, he said he was going to landscape around the chain fence and this is the discussion that we had with him. We need some things to be clarified before we seek complete clarity and agreement. We need to talk with him and we’re most concerned about having whatever the arrangement he presented to the body here we need to have it “authentorized” and we would like to have that consideration. Mr. Mayor: Okay. Ms. Johnson: Is that asking too much? Mr. Mayor: No, ma’am, and we do have a motion and a second to refer that agenda item to the next commission meeting. Ms. Johnson: All right, we appreciate it very much. We thank you for your kindness and your time. Mr. Bowles: Mr. Mayor, before they leave --- Mr. Mayor: Commissioner Bowles. Mr. Bowles: --- I want to hear from the Attorney if we can overrule a previous disposed of item without the petitioner here in present. Mr. Boudreaux: The item can be resolved. There can be a motion to reconsider the item to reopen it. It would be inappropriate to dispose of the item finally without the petitioners here. But it can be reconsidered and placed on another agenda. Mr. Grantham: And that’s what we’re doing. Mr. Mayor: Okay. If there’s no further discussion commissioners will now vote by the usual sign. Mr. Hatney: Question, who’s going to contact --- who’s that contact? 43 The Clerk: Planning and Zoning. Mr. Hatney: (INAUDIBLE). The Clerk: Yes, sir, I’ll notify Mr. Patty. Mr. Hatney: Okay. Motion carries 10-0. Mr. Hatney: Move for adjournment. 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 January 15, 2008. ______________________________ Clerk of Commission 44