Loading...
HomeMy WebLinkAboutCommission Meeting January 2, 2008 OATH OF OFFICE CEREMONY COMMISSION CHAMBER JANUARY 2, 2008 Augusta Richmond County Commission convened at 1:00 p.m., January 2, 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 Dr. Kelly McKnight, Pastor, Bible Deliverance Temple. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: I’d like to call the Oath of Office Ceremony to order. And I’d like to call on Pastor Kelly McKnight for the invocation. Please stand. First of all I’d like to call on the Hon. David Watkins to come forward to administer the Oath of Office to Commissioner Elect Corey Johnson. The Clerk: Along with your family members --- Mr. Mayor: Along with family members --- The Clerk: And how many others present can get up here. Mr. Mayor: How many other folks you can fit. Judge Watkins: Raise your right hand and repeat after me. I, state your name --- Mr. Johnson: Corey Johnson. Judge Watkins: --- do solemnly swear and affirm that I will truly and faithfully perform the duties of the Office of Commissioner of Augusta Georgia to best of my abilities. I do further solemnly swear and affirm that I am not the holder of any unaccounted for public money due this state or any public subdivision or authority thereof. That I am not the holder of any Office of Trust of the Government of the United States, any other state or any foreign state which I am prohibited from holding by the laws of the State of Georgia and that I am otherwise qualified to hold said office according to the Constitution of the United States and the laws of Georgia and that I will support the Constitutions of the United States and this State. I, Corey L. Johnson also do solemnly swear as a citizen of Augusta, Georgia and being an employee of Augusta Georgia and a recipient of public funds for services rendered as such employee I do herby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia so help me God. Mr. Johnson: So help me God. Judge Watkins: Congratulations. (APPLAUSE) 1 The Clerk: By his Excellency Sonny Perdue, Governor and Commander in Chief of the Army and Navy of this State and the military thereof, to Cory Johnson, Greetings. By virtue of the power and authority vested in me by the Constitution and the laws of this state and in pursuance of your election I do hereby commission you said Corey Johnson Commissioner District 2 Richmond County. You are thereby authorized and required to perform all and singular the duties encumbered on you as said officer according to the law entrusted reposed in you. This commission is to continue in force from January 1, 2008 until January 1, 2012 or until you are removed in the manner prescribed by law. Given under my hand in the seal of the th Executive Department of the capital in the City of Atlanta this 7 Day of December in the year of our Lord 2007. (APPLAUSE) Mr. Mayor: I’d next like to call forward Commissioner Elect Alvin Mason to take his Oath of Office and his family and all the friends you can fit up here. Judge Watkins: Sir, if you will raise your right hand. I, state your name --- Mr. Mason: Alvin D. Mason. Mr. Watkins: --- so solemnly swear and affirm that I will truly and faithfully perform the duties of the office of Commission of Augusta Georgia to the best of my ability. I do further solemnly swear and affirm that I am not the holder of any unaccounted for public money due this state or any public subdivision or authority thereof. That I am not the holder of any Office of Trust under the Government of the United States any other state or any foreign state which I am prohibited from holding by the laws of the State of Georgia and that I am otherwise qualified to hold said office according the Constitution of the State and the laws of Georgia and that I will support the Constitution of the United States and this state. I also do solemnly affirm and swear that as a citizen of Augusta Georgia and being an employee of Augusta Georgia and the recipient of public funds for services rendered as such employee I do solemnly hereby affirm that I will support the Constitution of the United States and the Constitution of Georgia so help me God. Mr. Mason: So help me God. Judge Watkins: Congratulations. (APPLAUSE) The Clerk: Commissioner Mason. By his Excellency Governor Sonny Perdue, Governor and Commander in Chief of the Army and Navy of this state to Alvin D. Mason, Greetings. By virtue of the power and the authority vested in me by the Constitution and the laws of this state and in pursuance of your election I do hereby commission you the said Alvin D. Mason, Commissioner District 4 Richmond County. You are hereby authorized and required to perform all and singular the duties incumbent on you as said officer according to the law and trust reposed in you. This commission is to continue in force from January 1, 2008 until January 1, 2012 or until you are removed in the manner prescribed by law. Given unto my hand and Seal of th the Executive Department of the Capital in the City of Atlanta this 7 Day of December in the year of our Lord 2007. (APPLAUSE) 2 Mr. Mayor: Next I’d like to call for Commissioner Elect Joe Jackson to have the Oath of Office administered to him by the Hon. Richard Slaby and your family and whoever else would like to come join you. Judge Slaby: Raise your right hand. I, state your name --- Mr. Jackson: Joe Jackson. Judge Slaby: --- do solemnly swear that I will truly and faithfully perform the duties of the Office of Commission of the State of Georgia to the best of my ability. I do further solemnly swear that I am not the holder of any unaccounted for public money in this state or any public subdivision or authority thereof. That I am not the holder of any Office of Trust under the Government of the United States or any other state or any foreign state which I am prohibited from holding by the laws of the State of Georgia and that I am otherwise qualified to hold said office according to the Constitution of the Sate and the laws of Georgia and that I will support the Constitution of the United States and this state. I also do solemnly affirm and swear that as a citizen of Augusta Georgia and being an employee of Augusta Georgia and the recipient of public funds for services rendered as such employee I do solemnly herby affirm that I will support the Constitution of the United States and the Constitution of Georgia so help me God. Mr. Jackson: So help me God. Judge Slaby: Congratulations. (APPLAUSE) The Clerk: By his Excellency Governor Sonny Perdue, Governor and Commander in Chief of the Army and Navy of this state to Joe Jackson, Greetings. By virtue of the power and the authority vested in me by the Constitution and the laws of this state and in pursuance of your election I do hereby commission you said Joe Jackson, Commissioner District 6 Richmond County. You are hereby authorized and required to perform all and singular the duties incumbent on you as said officer according to the law and the trust reposed in you. This commission is to continue in force from January 1, 2008 until January 1, 2012 or until you are removed in the manner prescribed by law. Given unto my hand and the Seal of the Executive th Department of the Capital in the City of Atlanta this 7 Day of December in the year of our Lord 2007. (APPLAUSE) Mr. Mayor: Next I’d like to call for Commissioner Elect Jimmy Smith to have his Oath of Office administered by the Hon. J. Carlisle Overstreet and all family who would like to come up with. All family who would like to claim him. Judge Overstreet: I, Jimmy Smith, do solemnly swear that I will truly and faithfully perform the duties of the Office of Commission of Augusta Georgia to the best of my ability. I do further solemnly swear that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any Office of Trust of the government of any other state or any foreign state, which I am prohibited from holding by the laws of the State of Georgia. That I am otherwise qualified to hold said office according to the Constitution of the United States and the laws of Georgia and that I will support the 3 Constitution of the United Sates and this State so help me God. I, Jimmy Smith a citizen of Augusta Georgia being an employee of Augusta Georgia and the recipient of public funds for services rendered as such employee hereby solemnly swear and affirm that I will support the Constitution of the United States and this great Sate of Georgia. So help me God. Mr. Smith: So help me God. Judge Overstreet: Congratulations. (APPLAUSE) The Clerk: By his Excellency Sonny Perdue, Governor and the Commander in Chief of the Army and Navy of the State and the military thereof, to Jimmy Smith, Greetings. By virtue of the power and authority vested in me by the Constitution and the laws of this sate and in pursuance of your election I do hereby commission you said Jimmy Smith Commissioner District 8 Richmond County. You are therefore hereby authorized and required to perform all and singular the duties encumbered on you as said officer according to the laws and the trust reposed in you. This commission is to continue in force from January 1, 2008 until January 1, 2012 or until you are removed in the manner prescribed by law. Given unto my hand in the Seal th of the Executive Department at the Capital in the City of Atlanta this 9 Day of November in the year of our Lord 2007. Congratulations. (APPLAUSE) Mr. Mayor: And finally last by not least I’d like to call for Commissioner Elect Don Grantham to be sworn in the by Hon. J. Carlisle Overstreet as well and any family members. Mr. Grantham: Can I borrow somebody’s family members? Hey come on up here, you’re going to like this. Judge Carlisle: I, Don Grantham do solemnly swear that I will truly and faithfully perform the duties of the Office of Commission of Augusta Georgia to the best of my ability. I do further solemnly swear that I am not the holder of any unaccounted for public money due this state of any political subdivision or authority thereof. That I am not the holder of any Office of Trust under the Government of the United States or any other state or any foreign state which I am prohibited from holding by the laws of the State of Georgia and that I am otherwise qualified to hold said office according to the Constitution of the United States and the laws of Georgia and that I will support and defend the Constitution of the United States and this great State of Georgia. I do further solemnly swear that I am a citizen of Augusta Georgia and being an employee of Augusta Georgia and the recipient of public funds for services rendered as such employee do hereby solemnly swear and affirm that I will support the Constitution of the United States and this great state of Georgia. So help me God. Mr. Grantham: So help me God. Judge Overstreet: Congratulations. (APPLAUSE) The Clerk: By his Excellency Sonny Perdue, Governor and the Commander in Chief of the Army and Navy of the State to Don A. Grantham, Greetings. By virtue and the power and authority vested in me by the Constitution and the laws of this state and in pursuance of your 4 election I do hereby commission you the said Don A. Grantham Commissioner Super District 10 Richmond County. You are therefore hereby authorized and required to perform all and singular the duties encumbered on you as said officer according to the law and the trust reposed in you. This commission is to continue in force from January 1, 2008 until January 1, 2012 or until you are removed in the manner prescribed by law. Given under my hand in the Seal of the Executive th Department of the Capital in the City of Atlanta this 9 Day of November in the year of our Lord 2007. Congratulations. (APPLAUSE) Mr. Mayor: First off I’d just like to say let me present to you the 2008 Augusta Richmond County Commission. Let’s give them all a big hand. And now I’d like to call on the newly elected commissioners for any remarks they may have if they would like. First off, the Honorable Corey Johnson. Mr. Johnson: Good afternoon. First of all I’d like to start of by thanking God for allowing me to be here and witness this event. I felt like everything in my life has brought me and prepared me for this moment. I’d like to start off by first of all saying thanks to my wife, my family you know it’s been rough you know for us and being a young man with a young family this is something that’s a lot of pressure but God has blessed us to come through this. And I want to acknowledge a few people in here. My staff, they’re in here some of them are some of them didn’t make it. My campaign manager, I think he’s still around. Of course, Marion Williams. You know his wisdom and knowledge have brought me a long way and gave me a lot of encouragement along the way. And he assured me it wasn’t going to be easy but somebody’s got to do it. And so, so I’d just like to say thank you for that opportunity. I thank everybody. My mother and father-in-law is here as well and just everybody that came out and supported me and believed in me and I just thank you all. And you won’t be disappointed. A lot of good things are going to come about in 2008 and in the years to come. So I look forward to, I look forward to working with everybody and just seeing a shining city, you know just come about. You know Augusta’s been known as a diamond in the rough and we’re going to make it shine. Thank you. (APPLAUSE) Mr. Mayor: Next I’d like to call forward the Honorable Al Mason. Mr. Mason: If you don’t mind I did a lot to run for this seat. I’m going to sit right here and speak from this seat that I ran so hard for. First and foremost I’d like to give honor to God who without him I would not be where I am. I thank God that there is a God that, a God of a second, third and forth chance that a young guy like me from Lansing, Michigan straight from the ghetto can sit up here today and be a part of what’s happening in Augusta. And this is a testimony that no matter what you’re circumstances are in your life, if you have faith and beliefs and determination that you can even surpass your circumstances that you grew up in. And I’m here as a living testimony today to let you know that it can happen for you. So we’re going to do the best job that we can do to help move this city forward. I would like to thank my family my wife, my lovely wife, my mother who’s here. I have two daughters, my son and my granddaughter who’s out in the crowd today. I thank you for believing in me and I thank you for your support because it’s been a difficult, we’ve been running for two years and it’s been a difficult two years. But it’s paid off today. I want to thank my executive assistant and my close friend and personal confidant Mr. Marcus Oliver for all of your support and the talks that we 5 had. And last but not least I certainly want to thank my mother-in-law and my extended family and those that supported me and those who endorsed me and those who gave that type of support because this truly was a team effort. It wasn’t something we could do alone. Going down this campaign trail many people heard me say that we can no longer sit down while Augusta shuts down. We have to stand up so that Augusta can stand out. Augusta is standing up today and I’m a part of that and I’m very thankful and grateful for that. So hold my feet to the fire, hold me accountable, hold me responsible, and then you’ll find that I’m credible. I’m prepared to do what’s necessary to help move this city forward through unity and teamwork and I look forward to the opportunity of working with my fellow commissioners to try to help and move this city forward. I’m here to do what I can. I thank you and I thank you, Mr. Mayor, the opportunity. (APPLAUSE) Mr. Mayor: Next I’d like to call on the Honorable Joe Jackson for any remarks he may have. Mr. Jackson: I just want to say thanks to God and my wife, my family. I could be here all day thanking friends and family. I think you know who you are and I appreciate my brother coming from Atlanta and there’s just so many people in the audience that I see that have taken the time off of work to come and spend time and help me enjoy this moment. The only thing I ask from the public is one thing. Prayer for our family, prayer for the commission family and prayer for each of one of us that we can see and move this city forward. So I just want to thank my wife and family and father and stepmother and Texas family and everybody that just came and helped. So thanks a lot and just keep us in your prayers. (APPLAUSE) Mr. Mayor: Next I’d like to call on the Honorable Jimmy Smith for any remarks he might have. Mr. Smith: Thank you, Mr. Mayor. I too would like to thank God for the blessings he’s given me this past four years. And I’m really humbled by not having opposition in District 8 and I will continue to work to help develop South Augusta as well as all of the city. And I can’t say enough about my wife and my family that’s supported me and filled in the gaps for so many things that I should’ve done while I was doing this job and I thank them all for that. (APPLAUSE) Mr. Mayor: And once again last but not least the Honorable Don Grantham. Mr. Grantham: Thank you, Mr. Mayor, and indeed it’s a pleasure for me to be able to address you. But first and foremost I thank God for his many blessings that he’s given to me and to my family, to all of us. And I just thank God to have the opportunity to serve Augusta once again and to be here to answer your call and to answer the needs of what we need in this city. It’s so important that we all work together and I have found that to be so true particularly in the last couple of years. That we have seen the progress made that has been given us the opportunity of doing for the City of Augusta and for you people, the citizens of Augusta. I’m proud to be a part of this. I look forward to the next three years of serving you in the very most efficient way that I can. I’m only a phone call away. My number is on that card that I passed out to so many of you during the campaign. And I never refuse to answer a call whether it be at night or 6 whether it be on a weekend or whether it be during my business hours. I want to thank my associates of my company for what they do and the work they have given me and the support that they have given to me. I want to also thank my children who cannot be here. I have a son in Arizona and a daughter in South Carolina. But it’s important that you know that they are in support of their Dad and I thank them. God bless all of you. (APPLAUSE) Mr. Mayor: I’d just like to thank all of y’all for offering yourselves to serve this city and I look forward to working with you in the years to come. But with no more business to come before this meeting I will call it 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 Oath of Office Ceremony of the Augusta Richmond County Commission held on January 2, 2008. ______________________________ Clerk of Commission 7 REGULAR MEETING COMMISSION CHAMBER JANUARY 2, 2008 Augusta Richmond County Commission convened at 2:00 P.M., Wednesday, January 2, 2008, the Honorable Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Mason, Harper, Hatney, Beard, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Mr. Mayor: I will call the January meeting of the Augusta Commission to order and would like to once again call on Dr. Kelly McKnight for our invocation. Please stand. Dr. McKnight: Thank you, Mr. Mayor. Before we pray Jimmy and Don pointed out I did not pray for them the last time. I said I was praying for these new pups being thrown to the lions being the old dogs know how to fight. I’d like what Coach shared. 2008 is going to be great. In numerology the number 8 is new beginnings. We claim that. Invocation was given by Dr. Kelly McKnight, Pastor, Bible Deliverance Temple. Mr. Mayor: Thank you, Pastor, and we actually we have a little something for you. The Clerk: On behalf of the Mayor and members of the commission we thank you for doing that doubleheader for us today. Dr. McKnight: Thank you, it was my honor. The Clerk: I think --- said --- he’d give you double for your trouble. We ask God to extend his blessing on you in honor of being our Chaplain of the Day. Thank you so much. (APPLAUSE) Mr. Mayor: All righty, Madam Clerk. On to the agenda. The Clerk: ELECTION OF OFFICER(S) A. Election of Mayor Pro Tempore for 2008. Mr. Grantham: Mr. Mayor? Mr. Mayor: Commissioner Grantham. Mr. Grantham: Mr. Mayor, thank you and this is indeed an honor and a special privilege of mine to nominate our Mayor Pro Tem today and to let the people of this community know that unity is working in this community. And we have without a doubt a Mayor Pro Tem that has led us this year of 2007 in a manner and in a way that has been proven that the right things are being 8 done. And for that I am privileged to nominate Commissioner Betty Beard as our Mayor Pro Tem for the year 2008. Mr. Brigham: Move the nominations be closed. Mr. Bowles: Second. Mr. Mayor: Okay. Are there any other nominations? Hearing none commissioners will now vote by the usual sign of voting. Motion carries 10-0. (APPLAUSE) Mr. Mayor: Congratulations Madam Mayor Pro Tem. Ms. Beard: And may I say a few words. Mr. Mayor: Please. Ms. Beard: I’d simply like to thank you for your confidence in me and support. And last year wasn’t always easy but by the end of the year with our wonderful Christmas activities the Christmas decorations and all of the good that happened it made me feel that we had accomplished a lot. I look at Tom Grant over there. Tom is the one who had part in this beautiful article, the Story of Bethlehem around this time last year. Tom, I want you to know how far we have come because he wrote it but we really never thought at that time anything would take place. We actually have the company on board looking at that area of our city and we’re moving forward. Isn’t that wonderful? Let’s give ourselves a big hand. (APPLAUSE) And I think about another situation and I’m going to say this because this is what I’m about. I’m about making things better for everybody. I’ve had loads of people to come to me to say we’ve got to do something for MCG. We’ve got to do it because we need those jobs. We need increased taxes. We need the brainpower in this community. And then on the other end I’ve had people to come to say we have to be sure the residents of Bethlehem are situated. We can’t just throw them out. Well, no, we can’t, we can’t just throw them out so we’re going to follow the rules and regulations of HUD. We’re going to give them something as good or better than what they have now. Now what am I saying when I say this and I want to say it because there is so much misinformation in the community. They’re going to have a choice. They’re going to have to think. They’re going to have to think about this and know what they want. This is a time when things can be better for them. Because listen, we have about sixteen different options. Of those options they can go into a similar type situation they have now or they can request a voucher and ask to rent and live anywhere they want to live in Augusta. Or they can use their voucher to purchase a home. How many of you do you realize how fortunate they are to be living there at this particular time and have access to that? Well I’m saying that because this is going to be a win, win situation. A winning situation for MCG, a winning situation for the residents of Gilbert Manor and a winning situation for the City of Augusta. Augusta, our city and we’re going to make it better for everybody. Thank you. (APPLAUSE) Mr. Mayor: I believe it’s now proper for the Mayor Pro Tem and myself to --- 9 Ms. Beard: Would you excuse us just a minute? Mr. Grantham: Is it a recess? Mr. Mayor: Yeah, we’ll do a five-minute recess. Madame Clerk? The Clerk: ELECTION OF OFFICER(S) B. Appointment of Standing Committees for 2008-2009. The Clerk: The Mayor and Mayor Pro Tem offer the following Standing Committees for the term 2008-2009. Public Safety: Calvin Holland Chairman, Joe Jackson Vice-Chair, Alvin Mason, Jimmy Smith. Public Services: Gerry Brigham, Chairman, Calvin Holland Vice-Chair, Corey Johnson, Joe Jackson. Finance: Joe Bowles Chairman, Alvin Mason Vice-Chair, Gerry Brigham, Betty Beard. Administrative Services: J.R. Hatney, Chairman, Don Grantham Vice-Chair, Betty Beard, Joe Bowles. Engineering Services: Jimmy Smith, Chairman, Corey Johnson Vice-Chair, Don Grantham, J.R. Hatney. Mr. Mayor: Can we get a motion to approve the slate? Mr. Grantham: So moved, Mr. Mayor. Mr. Mayor: Is there a second? Mr. Smith: I’ll second. Mr. Mayor: Okay, we have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 10-0. The Clerk: ELECTION OF OFFICER(S) C. Appointment of Legal Counsel for 2008. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Mr. Mayor, as Chair of the subcommittee that has been charged with putting the Law Department in order and in place it has not yet been completed but the -- this is I believe 10 the first time in the first meeting of the year that there has been someone in that General Counsel’s chair. It’s a General Counsel position so it is my belief in the hope that the rest of our commissioners will understand this, that there needs to be just a period of them coming together, and the person I’m talking about is Ms. Chiquita Johnson and Mr. Troy Deveraux --- Mr. Mayor: Todd Boudreaux. Mr. Hatney: --- Todd Boudreaux from the firm of Mr. Shepard, right? Okay. Those two persons actually occupied the chair simultaneously through the month of January and while they’re doing that they will come together to work out a transition plan that’s comfortable and fitting for and looks out for the best interests of the City of Augusta. And that they bring their first report to the Administrative Services Committee when it meets Monday after next and have their final draft of that report ready for the Administrative Services second meeting in January . A and that activity will be ready for action by this commission the first meeting of February motion that that be accomplished by placing Ms. Johnson and Mr. Boudreaux, Mr. Troy -- - Mr. Mayor: Todd. The Clerk: Todd. Mr. Hatney: --- in the position that we have forestated and that they work on that transition plan and then come back in February with the decision. Mr. Holland: I second the motion. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners --- Mr. Bowles: If I could just --- Mr. Mayor: Commissioner Bowles. Mr. Bowles: --- have a quick summary of what that motion was. Is there going to be a transition plan brought back to us and then we’ll work out with their firm our in house counsel -- - Mr. Hatney: Yes. Mr. Bowles: --- to work out the transition. Mr. Hatney: It’s their responsibility. Mr. Mayor: Okay, if there’s no further discussion commissioners will now vote by the usual sign. 11 Mr. Russell: Mr. Mayor? Mr. Mayor: Mr. Russell. Mr. Russell: Just a second if you don’t mind. (Inaudible discussion) Mr. Russell: That’s all right. That’s all right, Mr. Mayor. Mr. Mayor: Okay. Commissioners will now vote by the usual sign of voting. Mr. Brigham votes No. Motion carries 9-1. Mr. Grantham: Mr. Mayor, point of privilege. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Mr. Mayor, on a point of privilege I would like to gone on record indicating in saying that the law firm of Mr. Steve Shepard and his partners has certainly given us the type of service that I felt like we have needed, the type of leadership and support that we have needed. I think they should be recognized accordingly and that within their law firm I know Mr. Todd Boudreaux is the lead counsel in that for us as well as Ms. Chiquita Johnson. But I think Mr. Steve Shepard needs recognition as well because of his dedication not only as a commissioner when we was elected to that position but as a counsel for us when we needed one. So I just wanted to make that point and to let them know we continue to support him and his efforts and we pray for him and his family. Thank you very much. Mr. Mayor: Thank you, Don. All righty, Madam Clerk, on to the regular agenda I believe we have one proposed addition. The Clerk: The consent agenda? Mr. Mayor: The consent agenda. The Clerk: Our consent agenda consists of items 1-4, items 1-4. For the benefit of any objectors to our Planning petitions I will read those petitions. Once they’re read if there are any objectors would you please signify your objection by raising your hand once the item is read. Item 2. Is for an amendment to the Comprehensive Zoning Ordinance amending Section 7 (Agriculture) by adding 7-2 to allow Recreation Vehicle Parks by Special Exception in an Agriculture Zone - second reading. Item 3. Is to approve an amendment to the Comprehensive Zoning by amending Section 8-4 (R- 1 One-Family Residential) pertaining to standards for accessory buildings – second reading. The Clerk: Are there any objectors to those petitions? 12 Mr. Russell: None noted, Madam Clerk. The Clerk: Our consent agenda items 1-4. Mr. Mayor: Okay, do we have any additions to the consent agenda? Mr. Brigham: Mr. Mayor? Mr. Mayor: Mr. Brigham. Mr. Brigham: I’d like to add this additional item to the agenda for the, to approve the motion for the Partridge Inn Escrow Mutual Release Agreement and Instruction to Escrow Agent and I think that can be placed on the consent also. Mr. Mayor: Do we have unanimous consent there? The Clerk: So that’s to add it to the consent, the addendum item? Mr. Brigham: Add it to the consent. Mr. Mayor: Okay. Do we have any further additions to the consent agenda? Any items to be pulled for discussion? Okay, hearing none I would look for a motion to approve the consent agenda. Mr. Hatney: So moved. Mr. Holland: Second. CONSENT AGENDA PLANNING 1. ZA-R-183 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County by amending Sections 12 and 13 (R-1D and R-1E (One-family Residential) of the comprehensive Zoning Ordinance for Augusta-Richmond County by adding 12-10 and 13-14 pertaining to buffer yards. (Approved by Commission in meeting December 18, 2007 – second reading) 2. ZA-r-184 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County by amending Section 7 (agriculture) by adding 7-2 (a) to allow Recreation Vehicle Parks by Special Exception in an A (Agriculture) Zone. (Approved by Commission in meeting December 18, 2007 – second reading) 3. ZA-R-185 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta-Richmond County by amending Section 8-4 (R-1 One-Family Residential) 13 pertaining to standards for accessory buildings. (Approved by Commission in meeting December 18, 2007 – second reading) PETITIONS AND COMMUNICATIONS 4. Motion to approve the minutes of the regular meeting of the Commission held on December 18, 2007. ADDENDUM 8. Motion to approve Partridge Inn Escrow Mutual Release Agreement and Instructions to Escrow Agent. Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners will now vote by the usual sign of voting. Motion carries 10-0 [Items 1-4, 8] The Clerk: PUBLIC SERVICES 5. Discussion: A request by License & Inspections for a hearing to consider the denial, suspension or revocation of the Business License and Alcohol Beverage Licenses held by Mr. Marion Rosier d/b/a Club Dreams located at 3023 Washington Rd. District 7. Super District 10. Mr. Mayor: Mr. Sherman. Mr. Sherman: Good afternoon, Commissioners. This is a request for the, for you to consider denying, suspending or revoking the Business License for Club Dreams. They are located at 3023 Washington Road. This is a club that has been at this location for probably three years now. And in the past year during 2007 we’ve continued to have problems out there. They’ve continued to have problems we’ve continued to have complaints. The complaints have ranged from loud music, excessively loud music that’s heard by the neighbors and the residential subdivisions near this property to fights in the bar and in the parking lot, shootings in the parking lot as well. Larry Harris from the License and Inspection Department and Richard Elam from the Sheriff’s Department have met with the license holder several times during 2007 to discuss the problems that they were having at the establishment to try to come up with some means of solving those problems, changing the way that the business is operated what have you. The Sheriff’s Department has also had the applicant in court on several occasions. On November the th 20 at the Sheriff’s Department’s request you were asked to consider denying, suspending or revoking the business license for noise violations and disorderly conduct. It was understood at that time that the business would be moving at the first of the year. The Sheriff’s Department changed their request to a request for probation. There was discussion at the meeting, discussion about the disorderly conduct as well as the loud noise. There was a motion put on the table to st put them on probation for loud noise. That was probation until December 31. It was until that time and that was the shortest time, period of time you put someone on probation but you did that with the understanding that again they would be moving first of the year. After the meeting 14 Larry Harris and I met with Mr. Rosier in the hall, we expressed to him that he had to make certain that he kept control of the business. He could not have any problems at the business because he is on probation. On Christmas Eve night there was a fight inside the bar. It made it’s way to the outside of the bar and there was a shooting. Two individuals were shot and I believe that both of them are still in the hospital. And so that gets us to where we are today before you asking for you to consider the suspension, denial or revocation of the license. At this time the ’08 Business License has not been purchased and the alcohol license has not been sold. And if you have any questions. Mr. Mayor: Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. Before those gentlemen speak that own the places, is it a possibility we can get a recommendation from the Sheriff’s department to hear what the Sheriff’s Department has to say in lieu of this? Mr. Mayor: Absolutely. Sgt. Elim: Good afternoon. Our recommendation would mirror that of the License and Inspections Department. We initially brought before the Commission the location in regards to two different sets of problems. We thought we had the noise problem dealt with as well as the disorderly manner that the club was having some issues there. They met with Mr. Rosier, we were comfortable with that meeting and thought that we had both problems taken care of and here we are again with a shooting. Mr. Holland: Do you have a recommendation then? Sgt. Elim: Recommendation is for revocation. Mr. Holland: Revocation. Sgt. Elim: Yes, sir, or not to renew. Mr. Grantham: Not to renew. Sgt. Elim: Richard Elim, Sheriff’s Office. Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. I just want to make sure that I’m clear in terms of a denial. I think I heard from Mr. Sherman and I think I’m hearing revocation from you. Sgt. Elim: Yes, sir. Mr. Mason: So I need to know what is the difference between denial and revocation and which one are we recommending. 15 Sgt. Elim: Well their license is up for renewal and I guess what we’d really be asking is to deny the renewal of the license of this club. Mr. Mason: So a denial. Sgt. Elim: Yes, sir. Mr. Mason: My second question is this. Is there a license in place right now? Sgt. Elim: As of the first of the year, no, sir, there isn’t. Mr. Mason: There is no license. Sgt. Elim: Because they were not renewed. Mr. Mayor: Commissioner Johnson. Mr. Johnson: I would like to find out. First of all I don’t know much about this. I’ve heard a few things about it. You said that the fights occurred within the club and they escalated outside the club in this recent shooting. Sgt. Elim: No, sir, that was Mr. Sherman. Mr. Johnson: Okay. Do you concur with what he said? Sgt. Elim: What we understood what happened there was an altercation inside the club. Their security brought the people outside the club and then it continued outside the club where the gunshots were fired. The gunshots were actually fired within a hundred maybe a hundred and ten feet away from the door and that’s probably a longer distance that it actually was. The same people were involved. Mr. Johnson: And this was during club hours or after? Sgt. Elim: We received the call we received our first call at 2:30. The club closed between 2 and 2:30 so it was during closing operations. Mr. Johnson: Well, what I’m trying to figure out there was a shooting in there probably what, about a year ago? There was a shooting there about a year ago I think a security officer was shot or something like that? Sgt. Elim: Yes sir you’re talking about Mr. Dix. Mr. Johnson: Okay. Sgt. Elim: Yes, sir. 16 Mr. Johnson: What have they done since then to prevent anything of that magnitude from happening again? Have they hired more security or more officers on staff or what? Sgt. Elim: What I can tell you that’s happened, there is, we still have shootings there, we still have fights which is going on in the club. We have robberies by force there, aggravated assaults there so it’s still continuing. But to be honest after each one of those events we had meetings with them and thought the matter was taken care of. It didn’t just show up here for the noise violations. I mean it’s been an ongoing effort. But like Mr. Sherman did tell you myself and Mr. Harris from License and Inspections met with them from everything from the way their parking lot was handled to girls dressed inappropriately in the club and they handled the problems as they went on. But the violence problems have stopped, started, stopped, started, stopped, started and now we had one shot back in February is what you’re talking about Mr. Dix. We had, in between that time we had underage people that had assault rifles on the property. It’s just been an ongoing escalated problem. Mr. Johnson: Okay. Sgt. Elim: So that’s why we’re here now at the end of the year asking for a denial. Mr. Johnson: Thank you. Mr. Mayor: Okay do we have any further discussion? Can I get a motion on this either way? Mr. Brigham: I make a motion that we deny their license for 2008. Mr. Holland: Excuse me, Mr. Mayor, are we going to give them an opportunity to speak, to respond? Mr. Mayor: Yes, that’s fine. I was going to let the motion come out but yes you will get an opportunity. Personally I know that you all have been before this body many times as well so but um, we have a motion. Do we have a second? Mr. Bowles: Second. Mr. Mayor: Okay, we have a motion and a second. Now I’ll give you time to address the body. And if you could keep it, state your name and address for the record and keep it to five- minutes please. Mr. Larke: I am again for the record Leon Larke. I’m one of the attorneys along with Mr. Charles Lyons who represents the club. And we have brought forth before this Commission in the past the information that they, this club the owners here have done everything possible to comply with whatever requirements or changes they’ve been asked to comply with. And I think investigator, Sgt. Elim just stated that there has been meetings with owners of the club and they have complied. Except the only difference now then the time that we stood here the last time was the, is the shooting that occurred in the parking lot. There is a, at the least a dispute as to 17 whether or not this, there was an altercation in the club. Investigator Elim said he didn’t have those facts that there was an alternation that started in the club and was a continuing process that resulted in a shooting on the outside of the club. I think that’s an assumption that some people might want to make but it’s certainly not factual. And the only factual question about that prior shooting that, the only body that has dealt with that prior shooting before and made some factual determinations has been the Georgia State Board of Workers Compensation. That matter was taken before the State Board of Workers Compensation. I represented the club and the decision makers there found that that shooting had absolutely nothing to do with that club. Now that is a factual finding that is in the record of the State Board of Workers Compensation that is was totally unrelated to that, to Club Dreams. Now Mr. Rosier and Mr. Johnson would like to add. Mr. Johnson: Mr. Sherman, would you please come back to your stand, please? Mr. Sherman, let me address you, can you tell me what --- Mr. Brigham: Mr. Mayor, I believe everything runs --- Mr. Mayor: Everything runs through the chair sir. You’re not to call staff to the, so you can ask the question through me if you’d like. Mr. Johnson: Mr. Mayor, what I want to do is ax Mr. Sherman what did the owners and employees of Club Dreams do wrong. What law did we break? Mr. Mayor: Okay. Mr. Sherman. Mr. Sherman: Okay, it’s the responsibility, and I can read this verbatim if you’d like. Part of the responsibilities of the license holder is for the reason for probation, suspension or denial of a license it says the licensee or any person in his employee or any employee of the establishment for which the license was issued to adequately supervise and monitor the conduct of the employees, patrons and others on the licensed premises or any property owned or leased by the licensee including but not limited to parking lot, parking lot area or parking lot areas which may be lawfully used by patrons of the licensed establishment. Mr. Johnson: Mr. Mayor, back to Mr. Sherman. Mr. Sherman, we have four security guards outside okay? There’s only certain things an individual can do to control patrons okay? What we’re doing here we’re bringing crime into our responsibility. We’re letting this one th individual who pulled the trigger on December 24 and in February affect families. We employee over 60 people. My son is a college student. I have a young man that just got married who just had a daughter. He’s on salary. When you’re talking about 60 people, alright. We’re just not talking about shooting we’re talking about 60 people that you may be putting out of work. Not to mention we wasn’t given the opportunity to renew our license. We closed our club on Wednesday, Thursday, Friday, Saturday, on the most profitable day of the year, which was st December 31 in honor of the shooting. We did not go to the car we did not pull the trigger and the reference back to the noise we put a wall on the back of the club okay? We try to comply with the neighbors. We got no response. We got two hotels surrounding the nightclub. We took the punishment for their hopes. There’s all types of noise that comes from Club Dreams in that area. I think what you guys are doing you’re not looking at the big picture. There are a lot of 18 people in the city who need to work. We employee 60 people. The fight did not start in the club. The fight happened after the club was closed. We need to fight these individuals who create crime okay? The thing is we appointed the wrong people and I want the whole city to know on the news today that this room that is standing before us you guys are putting people out of work. We are business owners we employee good people. Our people come to work and work hard okay? You guys will be putting innocent people out of business. Mr. Mayor: Okay sir, your time is up. Okay if there’s no --- Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. Can I get Sgt. Elim up to the microphone? Sgt. Elim: Yes, sir. Mr. Smith: Sgt. Elim, can you tell me how many calls you had to go up to Club Dreams? Sgt. Elim: Total calls dispatched between, I have from 8-01, 8-1-05 through ’07, th December 30, ’07 is 488 but that is to be fair that is a two plus year period. So I can’t break it down, I had it broke down before, the year before but it was close. We have a lot of calls out there but that doesn’t necessarily mean all, to be fair all the calls attributed to him. But we have had a significant amount of events within that time period attributed to them, arm robberies, assaults. Mr. Smith: How many calls do you have before you recommend revocation? Sgt. Elim: To be honest with you we try to, we try not to put a number on it. We try to just see how it is. It is taxing on duty personnel as well as how they’re responding to being asked to make certain corrections. So we try not to put a certain number on it but they are well past that. Mr. Smith: I know we’ve had a couple of times down here where the residents behind that club can not sleep at night. One of them, well they’ve been down here more than one time in the past year complaining about his windows rattling on account of the noise at night. Sgt. Elim: Yes, sir. Mr. Smith: And I just, I feel like this, and I’d like to ask Mr. Rob Sherman if I could one question. Mr. Mayor: Mr. Sherman. Mr. Sherman: Yes, sir. Mr. Smith: Rob, has any of these things a code violation? Mr. Sherman: Are any of --- 19 Mr. Smith: Any of the claims that he has? Mr. Sherman: Yes, sir. Mr. Smith: So how many claims do you have to have before you recommend revocation? Mr. Sherman: The way it generally works is that the Sheriff’s Department will investigate once there’s a problem at the establishment. And again they fought to resolve it before they come to us or to come to you. In this case the license holder was already on probation. I knew that we had had problems throughout the year. I know that Mr. Harris and Mr. Elim had met with the license holders and I’m not sure Mr. Johnson, I’m not sure really what his status is in the business. He’s not on the business license application. I don’t think he’s the owner or co-owner of the business. But once we had that incident on Christmas Eve it was our responsibility to bring it before you because he’s on probation and ask you these questions to consider. Mr. Smith: Okay, thank you, Rob. I want to ask Larry a question if I could. Mr. Harris: Yes, sir. Mr. Smith: Larry, what are your feelings concerning this? You are the alcohol man. Mr. Harris: Yes, sir, I work more closely with it than probably anybody else in the office and like Mr. Elim said earlier we have dealt with this over the past year. And I did meet with Mr. Johnson and Mr. Rosier several times about issues we had with what they were doing and what was going on at the club. And that was trying to not come into this situation. As it stands I do take the position that it is a community problem as well as their problem. But them being the owners they are complacent. That location has been a bad location and at this time it, the license for 2008 does not need to be renewed at that location. Ms. Beard: Mr. Mayor. Mr. Smith: Thank you. Mr. Mayor: Ms. Beard. Ms. Beard: Mr. Mayor, the last time they were before us or shortly after they stated they would not be staying at that location. What has taken place there? Mr. Speaker: There is no plan to stay at that location. In fact after this incident occurred the club has been closed there’s no intention to reopen the club at that location. These owners recognizing that, there is a problem with these younger patrons. They are, their intent is to open up another place in a different location with a different crowd an older crowd a more subdued crowd and to cater to that type of crowd. I’m sure that if you checked the number of calls that were made to Augusta Mall that you’d find that there were a number of calls that were made to 20 Augusta Mall as far as criminal activity but we’re not closing Augusta Mall. Because the people at Augusta Mall do all they can to prevent shop lifting, thefts and violence. Mr. Mayor: Okay, I’ll tell you sir, ya’ll have had five-minutes to make your case and I do --- Ms. Beard: I have one other question. Mr. Mayor: --- in responding to a question if you’ll just respond to it. Mr. Rosier: We have just as much time as the city. Mr. Mayor: You actually were given five minutes. That’s the same amount of time that anybody is given when they come before the body. So we try to keep it standard. Yes, ma’am. Ms. Beard: I would like to know what type qualifications you have to have to be running a business like this. Have you been it for some time? Could you tell me something about you know your background or whoever, in this business? Mr. Rosier: Yes, ma’am, my name is Larry Rosier. This is a good friend of mine and a partner of mine and the promotion manager of the club. So he speaks out a lot because he deals with a lot of the people. I’m Marion Rosier the owner of the club. We’ve been together about six or seven years. Our qualifications with clubs dealing with young adults started back doing parties. We have adequate amount of security, enough security cops, we deal closely with the Sheriff’s Department and have cops on the premises. That particular night that incident happened our cops --- Mr. Mayor: Okay, sir, once again stick to the question. She asked about your experience in having run a club. Ms. Beard: Did you work at other clubs before moving into this situation? Mr. Rosier: Yes, I, well we had our own little Club, Coconuts we worked all day in similar clubs like that. So we have some background in clubs. Mr. Mayor: Okay. Mr. Grantham: Mr. Mayor, call the question. Mr. Mayor: Okay, the question has been called for. We have a motion and a second. Madam Clerk, could you please just for clarity read back that motion? The Clerk: The motion was to not renew the business license held by Mr. Marion Rosier doing business as Club Dreams located at 3023 Washington Road. 21 Mr. Mayor: Okay. Commissioners, the question has been called for Commissioner Holland. Mr. Smith: Mr. Mayor? Mr. Mayor: Commissioner Smith, as I say the question has been called for so there really should be no further --- Mr. Holland: I understand, Mr. Mayor. Mr. Mayor: Okay. Mr. Holland: When you said the license would be denied, are we understanding they will not be able --- Mr. Grantham: To get a license. Mr. Holland: --- to get a license anymore? Is it just for this year or is it after this year will they be able to get another license? Mr. Mayor: Mr. Sherman. Mr. Sherman: If you deny the license or revoke the license at this location they cannot have a license at this location for a year whether it be the same applicant or new applicant. And the denial of license is it the business license or the business license and the alcohol license. That would apply if it’s the alcohol license you’re denying. Mr. Mayor: But, Mr. Sherman, it is site specific. It is specific to this site. Is that correct? Mr. Sherman: Yes, sir. Mr. Holland: Thank you, Mr. Mayor. Mr. Smith: Mr. Mayor, I want to make sure that the business license and alcohol license is in the motion. Is that true? Mr. Mayor: Are those both in the motion, Madam Clerk? The Clerk: Yes, sir. Mr. Mayor: Okay, now commissioners will now vote by the usual sign. Mr. Johnson, Mr. Mason and Mr. Holland vote No. Mr. Hatney and Ms. Beard abstain. Motion fails 5-3-2. 22 Mr. Brigham: Mr. Mayor? Mr. Mayor: Okay, no action taken. Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham, is this a point of personal privilege? Mr. Brigham: Mr. Mayor, I don’t believe the item’s been disposed of. Mr. Grantham: Motion to revisit. Mr. Mayor: We have a motion to revisit --- Mr. Brigham: Second. Mr. Mayor: --- item number five and a second. Commissioners will now vote by the usual sign of voting. Mr. Hatney, Ms. Beard and Mr. Holland abstain. Motion carries 7-3. Mr. Grantham: Mr. Mayor. Mr. Mayor: Okay. Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. I think we’re somewhat overlooking the responsibility that we have to this community and to the citizens of Augusta. And I feel like that it has been very clearly stated that these requests for license at this location would be denied. And Mr. Sherman indicated that it was explicitly for this location. And I think I overheard a conversation for one of the gentlemen over there earlier that they’re not applying for a license to that location and that they do not feel that they will continue to have a business in that location. So I don’t understand the rationale that we are having as far as the vote based on the business license and based on the liquor license. It’s clearly understood that they do not plan to continue operation in that location. Now we’re denying that, we’re saying you cannot have it there. From what I understand if within the period of time that’s within our ordinance these people apply for another location then they’re going to have to come before this commission to get approval. So I can’t understand the rationale of us voting not to deny the license and the business license of this location based on what I have heard. So I’m to put in a motion that we deny the request of a business license and liquor license for the location on Washington Road and then if they apply for at a later time for another license at another location they’re going to have to visit this commission to get that accomplished. So that’s in my motion to do that. Mr. Mayor: Okay, we have a motion. Is there a second? 23 Mr. Brigham: Second. Mr. Mayor: We have a motion and a second. Commissioner Mason, and then Commissioner Johnson after him. Mr. Mason: Thank you, Mr. Mayor. There is some confusion in terms of why it is that we’re voting on this or what it is that we’re voting on. If there is no business there I’m not sure why there is a need for a vote. So I’m a little unclear on that. But I would like to offer a substitute motion. And that substitute motion would be, one I don’t believe that there is a committee recommendation on this particular agenda item. So I don’t even think it’s gone through committee. In order for us to do our due diligence I think it’s important for us to not only for the business folks that are here representing Club Dreams but for the constituents of the city as a whole. And if I’m going to make a decision like this I would like to have all my facts in order or you may or may not like the decision that I would make today. But I do believe that it needs to go through committee. I do believe that we need to have a committee recommendation so that we can do our due diligence as elected officials and dispose of this agenda item properly. So my motion would be to send this to committee for a committee recommendation and then bring it back to the full commission. Mr. Mayor: We have a substitute motion. Is there a second? Mr. Johnson: I second that. Mr. Mayor: Okay. Do you need to? Okay. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I just want to concur with what Commissioner Mason said that there is some things that are still unclear. I wanted to make sure that we wasn’t voting to deny a license anywhere. I know that that location from what I’m hearing is not supposed to be reopened so it shouldn’t therefore be an application for a license there. So I agree with what he’s saying. I just think we need to revisit this and look at it and I do advise them to maybe looking at some different avenues because this is a citywide problem. It’s not just that club but a lot of places that are having issues with our youth. So I think that would be the most appropriate decision at this time. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. In addition to what Mr. Sherman stated earlier as to the violations in determining under code Section 6--265 in determining whether or not any license applied for here under shall be granted, renewed, transferred or issued to a new location in addition to all provisions of this ordinance the following shall be considered in the public interest and welfare of our citizens. 6-2-65-3. The manner of conducting prior liquor business. If the applicant is a previous holder of a license to sell alcoholic liquors the manner in which he conducted the business here under especially as to the necessity of unusual police observation and inspection in order to prevent any violation of any law. I think it’s evident here. The facts are here I don’t know why we’re wasting time sending this back to committee. We’ve got people trying to get on with their lives and we have attorneys from both sides and the community 24 coming here and we’re spending a lot of time and resources revisiting an issue that we know what the facts are. Mr. Mayor: Okay. We have a substitute motion and a second. Mr. Brigham: Mr. Mayor. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, I see no difference between this and Super C’s. I know that eventually if we let this club remain in operation that we’re going to have a dead body in the parking lot at this club. Now I am one that is tired of this. I think we’re sending the wrong signal to the public. You may disagree with me. I’ve got my opinion you have yours. But my opinion is that this is going to be nothing but a nuisance wherever it is located. I do not intend to vote to renew this license. I do not intend to vote to transfer this license. I think this commission is being lackadaisical with the people allowing it to get bogged down that we can’t police and expect better operations where people are not shot at because they’re out trying to be entertained. This is ridiculous. We cannot have that. This is not what we want as an image of Augusta Georgia. It is up to us as a commission to make a difference. And we can make that difference by denying this. Who says that they’re not going to go out and pay their license fee this afternoon and open up tonight? They can do that. Under the motion that’s on the table the only motion that can stop that happening is a motion to rescind their license and that motion is on the table. And I would expect this commission to vote for that. I would expect it wherever the club was at in this community this commission would vote for that. This is not what we want in Augusta, Georgia. This is not something that we’re proud of. Mr. Mayor: Okay. We have a substitute motion and a second. If there’s no further discussion commissioners will now vote by the substitute sign of voting. Mr. Smith: Can you read it? The Clerk: The substitute motion was to refer back to committee for recommendation. Mr. Brigham, Mr. Smith, Mr. Bowles, Mr. Grantham and Mr. Jackson vote No. Mr. Hatney abstains. Motion fails 4-5-1. Mr. Mayor: Okay, Madam Clerk, we have the original motion which, I believe was to deny. The Clerk: To deny business license and alcohol license for Club Dreams located at 3023 Washington Road. Mr. Mayor: Commissioners will now vote by the usual sign of voting. Mr. Johnson and Mr. Mason vote No. 25 Ms. Beard, Mr. Hatney and Mr. Holland abstain. Motion fails 5-2-3. Mr. Mayor: Okay, at this point I believe there has been, the item has been addressed two times and has not been disposed of at this point. But I think no action taken and my opinion as the Chair is that it will have to go back through Committee. Commissioner Brigham. Mr. Brigham: Point of personal privilege. What about the current license? Are we going to deny them the opportunity to renew their license until the committee meets? Mr. Mayor: Mr. Sherman. Mr. Sherman: Well, that’s exactly what I was going to ask, for some clarification and direction on what the License and Inspection Department should do. As it stands now he can, Mr. Rosier can come to the office and purchase his business license and his alcohol license. If he were to do so would we be directed to go ahead and sell or not directed to. I mean that’s where we are now. We would sell the license, both licenses the alcohol and business. And is that what we’re supposed to do? Mr. Mayor: I guess unless otherwise instructed by the commission um, --- Ms. Beard: Yes, that is what he’s supposed to do. Mr. Mayor: Okay. Ms. Beard: And then it would be rescinded if we so desired. Mr. Mayor: Okay. Okay. Madam Clerk, next agenda item. The Clerk: ATTORNEY 6. Motion to approve an Option for Right-of-Way between Joanna C. Roessner as Owner, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, for 0.021 acres (934.59 sq. ft.) in fee and 0.010 acres (450.37 sq. ft.) of permanent construction and maintenance easement (2801 Brickrun Way) for a purchase price of $30,000.00. Mr. Brigham: So moved. Mr. Bowles: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Motion carries 10-0. 26 Mr. Mayor: Mr. Boudreaux or Madam Johnson, do we need a legal session? Mr. Boudreaux: Yes, we do to discuss potential and pending litigation. Mr. Russell: And personnel, sir. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 7. Motion to go into a Legal Meeting. Mr. Mayor: Okay, can I get a motion to move into Legal? Mr. Smith: So moved. Mr. Mayor: We have a motion. Is there a second? Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Motion carries 10-0. Mr. Mayor: We are in Legal. [LEGAL MEETING] Mr. Mayor: All righty, I’ll go ahead and call the meeting back to order. Mr. Boudreaux. ADDENDUM 9. Approve authorization for Finance Director to assign Smith Barney Asset Transfer Form to GMEBS. Mr. Boudreaux: Thank you, Mr. Mayor. We would request a motion from the Commission to add and approve an agenda item to authorize the Finance Director to execute the documents necessary to transfer funds from Smith Barney to GMEBS for consolidation of the pension plans. Mr. Hatney: So moved. Ms. Beard: Second. 27 Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Mr. Boudreaux. Ms. Johnson, excuse me. Ms. Johnson: We are currently finished with all the items that were the topic of the agenda for the Legal Committee. ADDENDUM 10. Motion to add and approve the salary for the Staff Attorney in the Law Department in the amount of $87,500. Mr. Russell: We need to add and approve the salary for the attorney who will be hired on th January the 14 at a salary of $87,500.00. Mr. Brigham: You don’t have unanimous consent on that. Ms. Johnson: That attorney’s name was Stephanie Jones for the record. Mr. Russell: Without unanimous consent we can’t add so we’ll deal with that. 11. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Mayor: Okay. Can we get a motion to approve the Closed Meeting Affidavit? Mr. Holland: So moved. Mr. Mason: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Okay with no further business to come before the body we stand adjourned. And once again welcome to the team gentlemen. [MEETING ADJOURNED] Lena Bonner Clerk of Commission 28 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 2, 2008. _________________________ Clerk of Commission 29