HomeMy WebLinkAboutCommission Meeting June 17, 2008
REGULAR MEETING COMMISSION CHAMBER
JUNE 17, 2008
Augusta Richmond County Commission convened at 4:00 p.m., June 17, 2008, the Hon.
Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Holland, Smith, Mason, Grantham, Beard, Johnson, Jackson, Bowles
and Brigham, members of Augusta Richmond County Commission.
ABSENT: Hon. Hatney, member of Augusta Richmond County Commission.
The invocation was given by the Reverend Dr. Larry Neal, Pastor First New Hope Baptist
Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Pastor, hang on one second, we have something for you. If you could please
come forward. By these present be it known that Reverend Dr. Larry Neal, Pastor of First New
Hope Baptist Church is Chaplain of the Day for his civic and spiritual guidance as demonstrated
throughout the community and serves as an example for all the faith community. Given under
th
my hand this 17 day, June 2008. (APPLAUSE) Okay, Madam Clerk, I think before we move
onto the consent that we had one addition to the agenda.
The Clerk: Yes, sir, Mr. Mayor. And for the members of you and the members of the
commission, Commissioner Hatney will not be attending today’s meeting.
Mr. Mayor: Okay.
The Clerk: We have consent agenda item one, is a request for approval to apply for a
grant partnering with the Boys & Girls Club with the Dept. of Justice for an application in the
amount of $458,715 with no matching funds. They’re asking Augusta to assume the fiscal agent
position for this grant. And an addendum to item #53 to include, to add 2558 Lyman Street.
Mr. Grantham: So moved.
Mr. Mason: Second.
Mr. Mayor: Is that a motion to approve the consent? Do we have any; let me call for any
additions to first. I know we only have a ---
The Clerk: Wait a minute. I thought we were doing the addendum agenda.
Mr. Mayor: Oh, yeah, okay. We’ve got a motion and a second. Commissioners will
now vote by the usual sign.
Mr. Johnson out.
1
Motion carries 8-0.
Mr. Mayor: Okay, Madam Clerk, now we will go to the consent agenda, please, ma’am.
The Clerk: Our consent agenda consists of items 1-50, items 1-50. If there are any
objectors to the following planning petitions would you please signify your objections by raising
your hand.
Item 1: Is a petition for a Special Exception to establish a church on property located at 2301
Old McDuffie Road.
Item 2: Is a petition 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 1440 and 1446 Kingston
Street.
Item 3: Is to approve a petition of a Special Exception to establish public parking affecting
property on Hemlock Hill Road, Berckman Road.
Item 4: Is a petition for a change of zoning from a Zone R-1C (One-family Residential) to a
Zone R-1E (One-family Residential) affecting property on Toucan Road.
Item 5: Is a petition for a change of zoning from a Zone A (Agriculture) to a Zone B-1
(Neighborhood Business) affecting property known as 4012 Belair Road.
Item 6: Is to approve with conditions a change of zoning from a Zone B-1 (Neighborhood
Business) with conditions to a Zone B-1 (Neighborhood Business) affecting property known as
206 Davis Road.
Item 7: Is a petition requesting a change of zoning from a Zone A (Agriculture) to a Zone B-1
(Neighborhood Business) affecting property known as 3631 Wrightsboro Road.
Item 8: Is a petition for a change of zoning from a Zone A (Agriculture) to a Zone R-3B
(Multiple Family Residential) with conditions.
Item 9: Is for a change of zoning from a Zone A (Agriculture) to Zone B-2 (General Business)
with conditions on property at 1251 Flowing Wells Road.
The Clerk: Are there any objectors to those planning petitions?
Mr. Russell: None noted, Madam Clerk.
The Clerk: I call your attention to our Public Services portion of the agenda. If there are
any objectors to any of our alcohol petitions, would you please signify your objections by raising
your hand?
Item 15: Is for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Club Rehab located at 913 Broad Street.
The Clerk: Are there any objectors to that alcohol petition?
Mr. Russell: None noted, Madam Clerk.
The Clerk: Our consent agenda consists of items 1-50, items 1-50.
2
Mr. Mayor: Okay, Commissioners, do we have any items to be added to the consent
agenda? Commissioner Brigham.
Mr. Brigham: Mr. Mayor first, I think on item 4 I think it was 1905 Fenwick Street, not
Toucan Road ---
The Clerk: Okay.
Mr. Brigham: --- but I would like to add item #52 to the consent.
Mr. Mayor: Okay, do we have any further additions to the consent agenda?
Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. I’d like to add item 51 and 53. What was his last
one, 52? Is that what he said?
Mr. Mayor: Yes. Okay, does anybody want to add the item added to the agenda to the
consent agenda?
Mr. Grantham: Why not.
Mr. Mayor: Commissioner Bowles, would you like to do it?
The Clerk: We’re adding items one and two from the Addendum agenda.
Mr. Mayor: Okay, well, I think that covers about all we can add to the consent agenda so
does anybody have any items to be pulled for discussion? Hearing none I’d look for a motion to
approve the consent agenda.
Mr. Grantham: So moved.
Ms. Beard: Second.
CONSENT AGENDA
PLANNING
1. Z-08-41 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Betty Anderson requesting a Special Exception to
establish a church or private school per Section 26-1 (a) and (b) of the Comprehensive
Zoning Ordinance for Augusta-Richmond County Zoning Ordinance affecting property
containing 3.69 acres and known under the present numbering system as 2301 Old
McDuffie Road. (Tax Map 069-0-019-00-0) DISTRICT 5
2. Z-08-47 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Scylance B. Scott Jr., on behalf of Antioch Ministries,
requesting a change of zoning from Zone R-1C (One-family Residential) to Zone R-1E
(One-family Residential) affecting property containing .32 acres and is presently known as
3
1440 and 1446 Kingston Street and 1249 Holley Street. (Tax Map 046-3-151-00-0, 046-3-
152-00-0 and 046-3-153-00-0) DISTRICT 1
3. Z-08-39 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Patrick J. Rice, Attorney, on behalf of Berckman
Residential Properties, LLC, requesting a Special Exception to establish public parking per
Section 8-2 (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County
affecting property listed as follows: Tract A contains 1 acre and is known under the present
numbering system as 321 Heath Drive (Tax Map 019-0-003-00-0) DISTRICT 7 Tract B
contains approximately .83 acres and is known under the present numbering system as 313
Berckman Road. (Tax Map 019-0-024-00-0) DISTRICT 7 Tract C contains 1.19 acres and
is known as 334 and 336 Heath Drive. (Tax Map 019-0-037-00-0 and 018-0-093-00-0)
DISTRICT 7 Tract D contains approximately 3.67 acres and is known as 342,344,346 &
348 Heath Drive and 237, 239, 335 & 343 Hemlock Hill Road. (Tax Maps 018-0-095-00-0,
018-0-102-00-0, 018-0-101-00-0, 018-0-100-00-0, 018-0-097-00-0, 018-0-098-00-0, 018-0-099-
00-0 & 019-0-056-00-0) DISTRICT 7 Tract E contains approximately 3.76 acres and is
known as 2711 Cherry Lane, 334 and 338 Hemlock Hill Road, and 337 and 339 Berckman
Road. (Tax Maps 0-9-0-49-01-0, 019-0-054-00-0, 019-0-053-00-0, 019-0-047-00-0 & 019-0-
048-00-0) DISTRICT 7
4. Z-08-42 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Kelly McKnight, on behalf of Bible Deliverance
Temple, requesting a change of zoning from Zone R-1C (One-family Residential) to Zone
R-1E (One-family Residential) affecting property containing approximately .03 acres and is
the residence located at 1905 Fenwick Street. (part of Tax Map 035-4-129-01-0) DISTRICT
1
5. Z-08043 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by William Freeman, on behalf of William, Margaret
Freeman and Michael Freeman requesting a change of zoning from Zone A (Agriculture)
to Zone B-1 (Neighborhood Business) affecting property containing 1.14 acres and in
known as 4012 Belair Road & 1506 Powell Road. (Tax Map 038-0-029-00-0 & 038-0-030-
00-0) DISTRICT 3
6. Z-08-44 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve with the following conditions 1) a 25 foot vegetative buffer with a 4
foot berm appropriately landscaped shall be constructed and maintained on the property
line adjacent to Ravenwood Subdivision; 2) there shall be a 50 foot building setback from
the property line adjacent to Ravenwood Subdivision; 3) there shall be no access within 200
feet of the intersection of Toucan Drive and Davis Road and 4) there shall be no access on
Toucan Drive within 200 feet from the property line adjacent to Ravenwood Subdivision; a
petition by Phil Bartles, on behalf of George and Joyce Perkins, requesting a change of
zoning from Zone b-1 (Neighborhood Business) with conditions to Zone B-1(Neighborhood
Business) affecting property containing approximately 7.76 acres and is known as 206
Davis Road. (Tax Map 016-0-032-00-0) DISTRICT 7
7. Z-08-45 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Atkins and Associates, on behalf of Buckingham
Properties LLC, requesting a change of zoning from Zone A (Agriculture) to Zone B-1
(Neighborhood Business) affecting property containing .31 acres and is known as 3631
Wrightsboro Road. (Tax Map 040-0-041-00-0) DISTRICT 3
4
8. Z-08-46 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve with the conditions listed below a petition by Flournoy
Development, on behalf of MEM Real Estate LLC, requesting a change of zoning from
Zone A (Agriculture) to Zone R-3B (Multiple-family residential) affecting property
containing approximately 70 acres and is known under the present numbering system as
1304, 1314, and 1320 Flowing Wells Road. (Tax Map 029-0-045-00-0, 029-0-004-00-0, 029-
0-046-00-0 and part of 029-0-044-00-0) DISTRICT 3 Only development permitted other
than uses allowed in the A (Agriculture) zone to be a luxury apartment or condominium
complex; Development of the property must substantially conform to the site plan as
submitted except that any entrance south of the intersection of Maddox Road and Flowing
Wells Road shall be gated and locked and for emergency use only; If the clients of the
petitioner do not close on the property within one year of zoning approval, then the zoning
classification shall revert to Zone A (Agriculture); The development shall meet or exceed
the requirements of the Augusta-Richmond Tree Ordinance and contain all amenities
expected of a luxury apartment complex in this area.
9. Z-08-48 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve with the following conditions 1) that the only B-2 use of this
property be a business park consistent with the concept plan submitted, with the front and
2 sides of any buildings being masonry and 2) that there be no access to Maddox Road; a
petition by Richard E. Bailey, on behalf of John W. Broome requesting a change of zoning
from Zone A (Agriculture) to Zone B-2 (General Business) affecting property containing
approximately 16 acres and is known as 1251 Flowing Wells Road. (Tax Map 029-0-004-00-
0) DISTRICT 3
10. ZA-R-188 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve an amendment to the Comprehensive Zoning Ordinance for
Augusta-Richmond County bye amending Section 8-3 (d) to permit family day care homes
which meet certain conditions as home occupations by Special Use Permit instead of by
Special Exception.
11. ZA-R-187 – 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 8-1 to include as a permitted use, in one-
family residential zones, facilities for handicapped persons as described at 42 U.S.C. 3602.
12. SPA-07 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve an amendment to the Site Plan Regulations for Augusta-Richmond
County by adding a portion of Section 301 (Information to be included) related to the GA-
NPDES checklist.
13. SA-043 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve an amendment to the Subdivision Regulations for Augusta-
Richmond County by adding to Section 302 related to the GA-NPDES checklist.
14. SA-044 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve an amendment to the Subdivision Regulations for Augusta-
Richmond County amended by deleting Section 404-Sidewalks in its entirety and replacing
it with a new Section 404-Sidewalks.
PUBLIC SERVICES
5
15. Motion to approve New Ownership Application: A.N.08-23: request by David L.
Durden for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Club Rehab located at 913 Broad St. There will be Dance. District 1. Super
District 9. (Approved by Public Services Committee June 9, 2008)
16. Motion to approve amending the membership of the Construction Advisory Board
Ordinance to include the position of Residential-Light Commercial Contractor. (Approved
by Commission June 3, 2008-second reading)
17. Motion to approve the pre-acceptance of a Federal Aviation Administration (FAA)
grant. (Pending approval by the Augusta Aviation Commission) (Approved by Public
Services Committee June 9, 2008)
18. Motion to approve the pre-acceptance of a (GDOT) grant. (Pending Augusta Aviation
Commission approval) (Approved by Public Services Committee June 9, 2008)
19. Motion to approve a Professional Services Agreement for planning, permitting and
engineering for the Robert Baurle Boat Landing “Go Fish” project to Jon Guerry Taylor
& Associates for $43,000. (Approved by Public Services Committee June 9, 2008)
20. Motion to approve the award of Bid Item #08-105, re-roofing of The Boathouse
Community Center to Crossroofing Company in the amount of $37,180.68. (Approved by
Public Services Committee June 9, 2008)
21. Motion to approve Augusta Public Transit’s grant application to the Georgia
Department of Transportation (GDOT) for capital funds. (Approved by Public Services
Committee June 9, 2008)
22. Motion to approve a request from Ms. Judith Rader of Able Disable to provide two
vehicles and a third vehicle be made available if it is not in regular use with Transit
Department for the ADA Movement Celebration July 25, 2008. (Approved by Public
Services Committee June 9, 2008)
ADMINISTRATIVE SERVICES
23. Motion to approve an Ordinance providing for the demolition of certain unsafe and
uninhabitable structures in the Laney-Walker Neighborhood: 1002 Ninth Street, (District
1, Super District 9); South Augusta Neighborhood: 1922 Olive Road, (District 2, Super
ND
District 9); AND WAIVE 2 READING. (Approved by Administrative Services
Committee June 9, 2008)
24. Motion to approve a Managed Pharmacy Benefit Services Agreement with Caremark
PCS Health, L.P. for the NACo Prescription Drug Discount Card Program. (Approved by
Administrative Services Committee June 9, 2008)
PUBLIC SAFETY
25. Motion to approve Capacity Agreement for FY2009 for state inmates being housed in
the Richmond County Correctional Institution. (Approved by Public Safety Committee
June 9, 2008)
FINANCE
26. Motion to approve the 2009 Budget Calendar. (Approved by Finance Committee June
9, 2008)
6
27. Motion to approve the Administrator’s recommendation to assist in funding this event
with $10,000 for this year, $10,000 for next year and $5,000 in in-kind services relative to
the 2009 National Science Olympiad. (Approved by Finance Committee June 9, 2008)
28. Motion to approve the abatement of taxes for the 2003 Tax year for property purchased
by DOT. (Approved by Finance Committee June 9, 2008)
29. Motion to approve the abatement of taxes in the amount of Map 36-3, Parcel 17 in the
amount of $82.93. (Approved by Finance Committee June 9, 2008)
30. Motion to approve transfer of 1557 Fenwick Street to Lane Bank Authority. (Approved
by Finance Committee June 9, 2008)
31. Motion to approve waiving penalty but not the interest on Map 35-3 parcel 403 in the
amount of $717.83. (Approved by Finance Committee June 9, 2008)
32. Motion to approve the construction of Fire Administration Offices. (Approved by
Finance Committee June 9, 2008)
33. Motion to approve a Resolution that agrees to the terms of the contract for a state grant
in the amount of $11,000. (Approved by Finance Committee June 9, 2008)
34. Motion to approve remaining self insured for physical damages to Transit fleet vehicles
with no designated reserve of fund balance. (Approved by Finance Committee June 9,
2008)
35. Motion to approve a request for advance of Phase V SPLOST Funds for Construction
of Fire Station #10. (Approved by Finance Committee June 9, 2008)
36. Motion to approve refund recommendations from the Board of Assessors for two (2)
accounts. (Approved by Finance Committee June 9, 2008)
37. Motion to approve a request from Marylou Fernando, M.D. for a waiver of all penalty
but not the interest on her 2007 property taxes in the amount of $645.06. (Approved by
Finance Committee June 9, 2008)
38. Motion to approve the purchase of one sweeper broom attachment for the Solid Waste
Department. (Approved by Finance Committee June 9, 2008)
39. Motion to approve the purchase of one truck with roll-off body for the Solid Waste
Department. (Approved by Finance Committee June 9, 2008)
40. Motion to approve the purchase of two backhoe/loaders and one sewer rodder truck for
the Utilities Department-Construction Division. (Approved by Finance Committee June 9,
2008)
ENGINEERING SERVICES
41. Motion to approve the transfer of the construction funds from the Travis
Rd./Plantation Rd. Drainage Improvement Project to partially fund the infrastructure
construction of the Dover-Lyman Project as requested by the Engineering Department.
(Approved by Engineering Services Committee June 9, 2008)
42. Motion to approve Change Order 3 to Daily Rate Construction Program for
$500,000.00. (Approved by Engineering Services Committee June 9, 2008)
43. Motion to approve the deeds of dedication, maintenance agreements, and road
resolutions submitted by the Engineering and Augusta Utilities Departments for Barnett
Crossing Subdivision, Section Four. (Approved by Engineering Services Committee June 9,
2008)
44. Motion to approve a Deed of Easement Dedication for Chester Avenue. (Approved by
Engineering Services Committee June 9, 2008)
7
45. Motion to approve the deeds of dedication, maintenance agreements, and road
resolutions submitted by the Engineering, and Augusta Utilities Departments for Devereux
Subdivision. (Approved by Engineering Services Committee June 9, 2008)
46. Motion to approve an Ordinance to amend Title 7, Chapter 3, Article 2 Section 7-3-8 of
the Augusta Code to regulate maintenance or construction for private streets within
Augusta-Richmond County for the purpose of police, fire, and other emergency vehicular
access; to repeal all ordinances and parts of ordinances in conflict herewith; to provide an
effective date and for other purposes. (Approved by Commission June 3, 2008-second
reading.
47. Motion to approve the Paving Various Roads, Phase IX Project, to be funded from the
One Percent Sales Tax Paving Various Dirt Roads Program, Phase IV account for the
Engineering Department. (Approved by Engineering Services Committee June 9, 2008)
48. Motion to approve the soil investigation of properties located at 2722 Smith Drive and
2725 Smith Drive as requested by the Engineering Dept. (Approved by Engineering
Services Committee June 9, 2008)
PETITIONS AND COMMUNICATIONS
49. Motion to approve the minutes of the regular meeting of the Commission held on June
3, 2008.
APPOINTMENTS
50. Motion to approve the appointment of Donnie Smith to the ARC Personnel Board
representing District 6.
FINANCE
51. Motion to approve a request by Matthews Volunteer Fire Department for a donation of
one emergency response vehicle. (No recommendation from Finance Committee June 9,
2008)
ENGINEERING SERVICES
52. Motion to approve an Option for Right-of-Way between Shelley A. Davis, as owner, and
Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, for 0.017
acre (738.85 sq. ft.) in fee and 0.007 acre (308.92 sq. ft.) of temporary construction &
maintenance easement for the property located at 2823 Brickrun Way, for a purchase price
of $29,100.00.
53. Motion to approve transfer of property acquired by the City of Augusta from the Day
family in the Lyman-Dover area for redevelopment purposes in that area. Attached is a list
of said properties. (Addendum inclusion of address of 2558 Lyman Street) (Requested by
Commissioner Jimmy Smith)
ADDENDUM
55. Motion to approve a request for approval to apply for a grant partnering with the Boys
and Girls Club from Dept. of Justice 2008 Strengthening Youth Mentoring through
Community Partnerships. The amount of the application is for $458,715 with no matching
required. (Requested by Mayor Copenhaver)
8
Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual
sign.
Mr. Johnson out.
Mr. Brigham votes No.
Motion carries 7-1 [Item 51]
Mr. Johnson out.
Motion carries 8-0. [Items 1-50. 52, 53, 55]
Mr. Mayor: Okay, Madam Clerk, I believe that only leaves us one left on the agenda if
I’m not mistaken.
The Clerk: Yes, sir.
Mr. Brigham: Mr. Mayor?
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: I’m voting No on item #51.
The Clerk: Item #51, Mr. Brigham?
Mr. Brigham: Yes, ma’am.
The Clerk: Okay.
Mr. Mayor: Okay, duly noted. Madam Clerk, can we call our one remaining agenda
item.
The Clerk:
PETITIONS AND COMMUNICATIONS
54. Consider an appeals request from Augusta Video, Inc. regarding the denial of their
application for an Adult Entertainment Permit.
Mr. Mayor: Okay, I’d like to call on the representatives of Augusta Video to make their
appeal.
Mr. Sussman: May it please the Commission. I’m Bill Sussman. I represent Augusta
Video and in proposing our appeal I’m going to call on Gary Edenger who’s representing the uh,
who’s our representative.
Mr. Edenger: Good afternoon, Mr. Mayor and members of the Commission. My name is
Gary Edenger and as Mr. Sussman indicated I am the representative for Augusta Video. Mr.
Sussman’s our local attorney. I think the subject matter of this appeal is not an unknown one of
9
this Commission. We’ve had a dispute going on over the various laws of this city since 2002 if
you can believe that. Most recently the legal background or the change in the law that led to our
th
application was a decision from the 11 Circuit last year, which upheld an earlier decision from
Judge Bowen, your Federal District Judge here in Augusta. Finding that the law was in effect
back in 2002, the zoning law was unconstitutional and primarily because there was a Special
Exception requirement back in the day that was found to be unconstitutional. Now the uh, back
then I doubt that there are any commissioners that were serving back then but you certainly have
an institutional memory. In any event we had actually applied for the Special Exception back in
2002. At that time it was determined that this particular property met all of the requirements of
the zoning ordinance that was then in effect. And those requirements consisted of where you had
to be which was in a B-2 Zone and also a variety of setback requirements. The business had to
be located a sufficient distance away from things like schools and churches and parks and that
sort of thing. And under the zoning law that was in effect in 2002 this business met all those
requirements. We went to your Planning Commission, the Planning Commission acknowledged
that all the objective criteria were met and then we went before this Commission. This
Commission denied the Special Exception, which led us to the Federal Court proceeding. So as I
th
indicated the 11 Circuit ruled last year that the 2002 zoning ordinance was unconstitutional.
The practical effect for Augusta Video, the applicant today is that it’s grand fathered in. And it
th
kind of makes sense because to be grand fathered in this particular case the 11 Circuit was
saying that the law which was in effect was unconstitutional and therefore couldn’t be enforced
against Augusta Video. Your zoning ordinance has changed several times since 2002 and as we
indicated in our Notice of Appeal that we filed with y’all we’re not contesting the fact that
Augusta Video doesn’t comply with current zoning and setback requirements. The big
difference is between the law in effect in 2002 in which you all have on your books now is that
the zoning districts themselves have changed so B-2 is no longer a conforming zone. You have
to be in one of the industrial districts. And in addition you added the primary difference on
setbacks is that you’ve added something called a gateway corridor and this particular business
lies within one of the gateway corridors. So to be perfectly clear with this Commission we do
acknowledge the fact this applicant does not meet the current zoning ordinance. Instead the way
th
our application is framed, and I believe this is mandatory because the 11 Circuit has spoken on
th
it, is that we come to you as a grand fathered, lawful, non-conforming use. When the 11 Circuit
issued it’s opinion it told us that although we’re a lawful, non-conforming use and we meet all
the zoning criteria we still have to come back to this board because there are two additional
licenses required. One of them is the plain old business tax license and the other is the adult
entertainment license. Now again back in 2002 the district judge, Judge Bowen had declared
your adult entertainment licensing procedure to be unconstitutional. That entire ordinance was
thrown out. Subsequently you all have in place a new adult entertainment license requirement
th
and the 11 Circuit said that your current license requirement is just fine. So we’re not debating
that. So what we are, what our dispute with your licensing department is apparently over two
issues. One of them is the plat, which accompanied our application. This is a plat that we used
in our initial application of the city back in 2002 and we maintain that is the plat which is most
th
informative because it shows really explains to the Commission why it is that the 11 Circuit
found that we are a lawful, non-conforming use. Another words we met all the criteria back in
2002. As I understand the sequence of events when we submitted the application someone in
your licensing department declined to accept the plat and returned it to our runner. We maintain
that that’s not an authorized thing for one of your staff to do. What the staff is obligated to do is
10
take the entire package and then evaluate it in place. But be that as it may there’s no dispute as
to what the 2002 plat is. It’s been filed several times with the city and as I indicated it shows that
this business was conforming in 2002 and we know that is does not conform under the current
zoning currently. So the plat issue we think is just not an issue because y’all know what it is, we
know what it is and it has been filed with the city previously. And then the other issue is this
issue of grandfathering and you’ll probably have to hear from your attorney. Frankly I don’t
really follow his argument on this issue but it seems to me and I would encourage you to read the
th
11 Circuit opinion for yourselves, the court has ruled and that ruling binding on this
Commission just like it is on Judge Bowen. And it says we’re a lawful, non-conforming use.
We maintain, what that means is we’re treated like and grand fathered uses in the city, which
means that although we don’t comply with the current zoning law we don’t have to, because
we’re non-conforming. We do have to comply with the other aspects of the licensing law and
my understanding is that’s there’s no dispute that we meet all the other requirements. I note in
particular the letter of denial did not mention anything beyond this issue of grandfathering as a
reason for denial. This substance of reason for denial. I also note, and again this is in our Notice
of Appeal, a fairly lengthy document we filed to explain our position that we should be treated
the same as the other adult businesses which are currently operating in the city and have operated
actually for a very, very long period of time. All the adult businesses in the city, I believe that
they consist of I think it was at one point two um, you would call them strip clubs or gentlemen’s
clubs. They’re in non-conforming zones. None of them are in the industrial zone, they don’t
meet your lawful setback requirements under the current ordinance and yet they’re allowed to
apply for their license and you all routinely issue those licenses as a matter of course. And it
makes sense that you do that because all the other businesses are lawful, non-conforming uses
and we are asking that this business be treated exactly the same as all the other adult businesses
th
currently operating in the city. We know we’re a lawful, non-conforming use because the 11
Circuit tells us that we are and it’s binding. We have filed the proper application for a license
with the city and we ask that you reconsider the denial and grant the license for us. And if y’all
have any questions I would be pleased to try and answer them.
Mr. Mayor: Okay, thank you, sir, and I believe now it would be appropriate to hear from
Mr. Wall who’s been handling this case for the city.
Mr. Wall: Thank you, Mr. Mayor and members of the Commission. Perhaps the reason
that Mr. Edenger fails to follow the argument that I make is it’s because it’s the same decision
th
that the 11 Circuit made. It’s the same decision and ruling that Judge Bowen has made and so
therefore he chooses to ignore what the ruling is and what the court has said the ruling is and that
is that they must meet all the requirements of the adult entertainment ordinance. Pure and
th
simple. They say it about three times in the 11 Circuit decision, Judge Bowen has said it about
two times in his December scheduling order, I’ve quoted that in the submittals that is a part of
the package that you have and they left out a decision in recounting the history of this case where
th
the adult entertainment ordinance was appealed to the 11 Circuit. And the argument was made
by Mr. Edenger and his client at that time that the provisions of that ordinance amounted to a
th
zoning ordinance and the 11 Circuit said that it was not. It was a regulatory ordinance. It’s a
licensing ordinance. The gateway corridor provision is a part of that regulatory licensing
th
ordinance. It has been. The 11 Circuit says that they must meet the requirements of the current
adult entertainment ordinance. I don’t know how it can be any clearer. Judge Bowen has
11
th
interpreted the 11 Circuit decision to say they must meet the requirements of the current adult
entertainment ordinance. They readily admit in the appeal that they do not meet those
th
requirements. And so what they’re asking you to do is to ignore the 11 Circuit, ignore Judge
Bowen’s rulings and to grant a license that they’re clearly not entitled to. I ask the Commission
to uphold the decision of the licensing department and to turn down their appeal.
Mr. Mayor: Thank you, Mr. Wall. Commissioner Smith.
Mr. Smith: Mr. Mayor, I move that the decision of the License and Inspections
Department denying the application of Augusta Video be upheld.
Mr. Mason: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign of voting.
Motion carries 9-0.
Mr. Mayor: Okay, thank you. Madame Attorney, do we, seeing as how we, that’s the
last agenda item. We’ve got between now and six to wait for the zoning ordinance. Do we have
the need for a legal meeting?
Ms. Johnson: No, sir, we do not.
Mr. Mayor: Well, everybody’s got an hour and a half to kill. We might go grab a bite to
eat or something. But if there’s 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
June 17, 2008.
________________________
Clerk of Commission
12
13