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HomeMy WebLinkAboutCommission Meeting November 5, 2008 REGULAR MEETING COMMISSION CHAMBER NOVEMBER 5, 2008 Augusta Richmond County Commission convened at 2:00 p.m., November 5, 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 David Hunter, Pastor, Lutheran Church of the Resurrection. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Johnson: I’d like to give special recognition to somebody here today, to one of our very own Commissioners, Coach Holland. He’s going to be inducted into the Hall of Fame at his college, Allen University, there this weekend and I think that’s a milestone for him and his legacy and everything that he’s stood for in life and fought for, for our young people. And I’d just like to take this time to give special recognition to him and a job well done Coach. (APPLAUSE) Mr. Mayor: I didn’t know we had a Hall of Famer on board. That’s awesome! Congratulations. Mr. Holland: Thank you. Thank you very much. Mr. Mayor: I’d like to call on Madam Clerk, the delegations. The Clerk: DELEGATIONS A. Mr. James R. Riles RE: Naming the new Judicial Center in honor of Judge John H. Ruffin, Jr. Mr. Mayor: And if you could keep it to five-minutes, please, sir. Mr. Speaker: It will be less than five minutes. Good evening to the Mayor and Commissioners. My name is James Riles and a few years ago before Bob Young left office he approached me about helping getting the Judicial Center named after John Ruffin. John Ruffin, Judge John Ruffin has represented this community very well. He is the first Superior Court judge, black Superior Court judge in this community. He was the first Superior Court Chief Justice and he also was a civil rights activist in this community. And I, Judge Ruffin has represented this community real well and I think it would be an honor if y’all can consider naming this judicial system after Judge John Ruffin. Thank you. 1 Mr. Mayor: Thank you, sir. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I would like a motion that we honor that statement that Mr. Riles just made there and I could concur I think that he definitely has been a model for a lot of people here in the community as a judge and I think it would be noble for us to really consider that as something that we can do here in the future. Mr. Mayor: Okay, just to clarify. Madam Attorney, is there process to go through? Ms. Johnson: The most appropriate process would be a Resolution but you could also move on the floor and vote on it. It’s your preference. Mr. Mayor: Okay. We have a motion. Mr. Holland: I second it. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Mr. Grantham: Mr. Mayor? Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. I don’t want to throw water on a good hot fire and I’m very much in favor of Judge Ruffin but I think we might be moving just a little quick in this decision as far as naming the Judicial Center today. I feel like that we’re not giving any other people the opportunity to come forward with any type of recommendation or support of what’s being recommended today. And I’m not opposed to it by any means but I do think we receive this as information need to and as you suggested earlier to research some information and to come back with a Resolution and a very official recommendation based on this issue. Mr. Mayor: Would you like to --- Mr. Grantham: I put that in the form of a substitute motion. Mr. Mayor: Okay. Do we have a second? Mr. Brigham: I’ll second it. Mr. Mayor: Okay, Madam Clerk, just for the point of clarity if you could just read back the substitute motion. The Clerk: The substitute motion was to receive as information. Mr. Mayor: And to --- 2 Mr. Grantham: That wasn’t all of it. And to --- Mr. Mayor: Develop a Resolution? Mr. Grantham: And to develop a Resolution for the purpose of naming the Judicial Center. The Clerk: Developing a Resolution? Mr. Grantham: Yes. Mr. Grantham: That’s what was recommended by our Attorney. Mr. Mayor: Okay, we have a substitute motion and a second. Mr. Brigham: You need to clear the machine. Mr. Mayor: Okay, the machine has been cleared. We have substitute motion and a second. If there’s no further discussion Commissioners will now vote by the substitute sign of voting. Mr. Holland votes No. Motion carries 8-1. Mr. Mayor: Okay, Madam Clerk, on to the consent agenda. The Clerk: The consent agenda consists of items 1-39, items 1-39. For the benefit of any objectors to our alcohol petitions, I will read those petitions and if there are any objectors would you please signify your objections by raising your hand. Item 2. Is a request for an on premise consumption Liquor, Beer & Wine license to be used in connection with The Half Moon Saloon located at 2510 G Peach Orchard Road. Item 3. Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with The Original Tavern located at 3664 Wheeler Rd. Item 4. Is for a Sunday Sales for Takosushi Restaurant located at 437 Highland Avenue. The Clerk: Are there any objections to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Okay, our consent agenda items 1-39. Mr. Mayor: Okay, do we have any additions to the consent agenda? Mr. Brigham: Mr. Mayor. 3 Mr. Mayor: Commissioner Brigham. Mr. Brigham: I don’t see why item #43, 44, 45, 46 and 47 can’t be placed on the consent agenda. Mr. Holland: Mr. Mayor. Mr. Mayor: Commissioner Holland. Mr. Holland: Item 44, I’d like to pull that one for some discussion --- Mr. Mayor: Okay. Mr. Holland: --- rather than it going to consent. Mr. Mayor: Okay, any further items to be placed on the consent agenda? Okay, any items to be pulled for discussion? Mr. Grantham: May I have item 7? Mr. Mayor: Any further items to be pulled for discussion? Mr. Bowles: Item 6. Mr. Mayor: Any further items to be pulled for discussion? Commissioner Mason. Mr. Mason: Item 5, Mr. Mayor. Mr. Mayor: Any further items to be pulled for discussion? Hearing none I’d look for a motion to and, Madam Clerk, if we could first read back the items added to the and the items pulled for discussion. The Clerk: Consent agenda consists of items 1-39 with the addition of items 43, 45, 46, and 47. Pulled, items 5, 6 and 7. Mr. Mayor: Can I get a motion to approve the consent agenda? Mr. Mason: So moved. Mr. Mayor: Do we have a second? Mr. Jackson: Second. CONSENT AGENDA PUBLIC SERVICES 4 1. Motion to approve a contract for Airfield Signage Rehabilitation Project between Walker & Whiteside, Inc. and Augusta Regional Airport. (Approved by Public Services Committee October 27, 2008) 2. Motion to approve a New Applications: A.N. 08-45: request by Charles E. Sconyers for an on premise consumption Liquor, Beer & Wine license to be used in connection with Half Moon Saloon located at 2510G. Peach Orchard Rd. There will be Dance. District 2. Super District 9. (Approved by Public Services Committee October 27, 2008) 3. Motion to approve New Ownership Application: A.N. 08-49: request by Shawn P. Laws for an on premise consumption Liquor, Beer & Wine license to be used in connection with The Original Tavern located at 3664 Wheeler Rd. District 3. Super District 10. (Approved by Public Services Committee October 27, 2008) 4. Motion to approve a request by Kevin Goldsmith for a Sunday Sales license to be used in connection with Takosushi Restaurant located at 437 Highland Ave. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee October 27, 2008) ADMINISTRATIVE SERVICES 8. Motion to approve Final Version of Year 2009 Annual Action Plan for Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnership and Housing for Persons with AIDS (HOPWA) funds and the Neighborhood Strategy Plan for Laney Walker and Bethlehem Neighborhoods with the language being changed to reflect that the funding expended for the acquisition/relocation initiative in the Laney-Walker/Bethlehem area be reimbursed form the funds from the transportation and tourism fees to be collected from the TEE Center funds approved by the Commission. (Approved by Administrative Services Committee October 27, 2008) 9. Motion to approve a Resolution Authorizing Submission of the Year 2009 Annual Action Plan for Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnerships and Housing Opportunities for Persons with AIDS (HOPWA) Funds to HUD. (Approved by Administrative Services Committee October 27, 2008) 10. Motion to approve authorizing the Mayor to provide a letter expressing the city’s support for the organization Ounce of Prevention Services (OOPS!) an at risk program/business to assist youth delinquents and non-delinquents in the Augusta area. (Approved by Administrative Services Committee October 27, 2008) 11. Motion to approve a Resolution authorizing submission of Neighborhood Stabilization Program Grant Application to HUD & Amend 2008 Annual Action Plan. (Approved by Administrative Services Committee October 27, 2008) 12. Motion to approve a Resolution of support for CSRA Wounded Warrior Care Project, Inc. and Augusta’s unique qualifications to care for America’s heroes. (Approved by Administrative Services Committee October 27, 2008) FINANCE 13. Motion to approve abatement of 2007 County Ad Valorem Taxes on properties acquired by Augusta-Richmond County. (Approved by Finance Committee October 27, 2008) 5 14. Motion to approve a request from the Augusta Mini Theatre, Inc. for a waiver of 2008 property taxes for its new arts school located at 2548 Deans Bridge Road. (Approved by Finance Committee October 27, 2008) 15. Motion to approve a request from Ms. Betty J. Townes for a refund of taxes in the amount of $2,601.93 on her property located at 3511 Woodlake Road. (Approved by Finance Committee October 27, 2008) 16. Motion to approve a request for the abatement of 2008 property taxes for the Garden City Rescue Mission on property located at 828 Fenwick Street. (Approved by Finance Committee October 27, 2008) 17. Motion to approve allowing International Paper Company to take half of the 1% discount on their 2008 property tax bill. (Approve by Finance Committee October 27, 2008) 18. Motion to approve transfer of City surplus property located at 2214 Windsor Spring Road to Land Bank Authority who has a potential buyer. (Approved by Finance Committee October 27, 2008) ENGINEERING SERVICES 19. Motion to approve CPB #323-041110-296823215 Change Number Five in the amount of $2,000,000.00 for the Alexander Drive Project to be funded from SPLOST Fund Balance Account for the Engineering Department. (Approved by Engineering Services Committee October 27,2 008) 20. Motion to approve bid award Bid Item 08-097A- Draw Tape Refuse and Recycling Bags – to the lowest qualified bidder. (Approved by Engineering Services Committee October 27, 2008) 21. Motion to approve bid award construction of Deans Bridge Road MSW Landfill Maintenance Facility (bid item 08-157) to the lowest qualified bidder. (Approved by Engineering Services Committee October 27, 2008) 22. Motion to award the purchase of Skid-Mounted Hydroseeder for the Solid Waste Department to the Lowest Qualified Bidder (Bid Number 08-083). (Approved by Engineering Services Committee October 27, 2008) 23. Motion to approve the Deeds of Dedication, Road Resolutions and License Agreement submitted by the Engineering, and Augusta Utilities Departments for Belfair Lakes, Section I. (Approved by Engineering Services Committee October 27, 2008) 24. Motion to authorize condemnation to acquire title of a portion of property, designated as Tax Map 51, Parcel 231 of the Belair Hills Subdivision Improvement Project, for a permanent and temporary easement. (Approved by Engineering Services Committee October 27, 2008) 25. Motion to approve an ordinance to amend Title Seven, Article 2 of the Augusta- Richmond County Code titled “Construction and Maintenance” so as to add a provision for speed humps, to provide the guidelines for the construction, installation, and maintenance of speed humps for public and residential streets, to repeal all ordinances in conflict herewith; to provide an effective date and for other purposes as requested by the Traffic Engineering Department. (Approved by Engineering Services Committee October 27, 2008) 26. Motion to approve award of design contract to Johnson, Laschober & Associates, P.C. in the amount of $131,250.00 for the fee associated with designing the Fort Gordon – 1.0 6 Million Gallon Elevated Storage Tank Project. (Approved by Engineering Services Committee October 27, 2008) 27. Motion to approve design contract to Cranston Engineering Group, P.C. in the amount of $317,720.00 for the Fort Gordon – Raw Water Distribution System Project. (Approved by Engineering Services Committee October 27, 2008) 28. Motion to approve design contract to Stevenson & Palmer Engineering, Inc. in the amount of $348,733.00 for the Fort Gordon Eisenhower Hospital Area Gravity Sewer System. (Approved by Engineering Services Committee October 27, 2008) 29. Motion to approve design contract to WK Dickson (WKD), Inc. in the amount of $52,850.00 for the Water Meters and Backflow Devices Replacements for Fort Gordon. (Approved by Engineering Services Committee October 28, 2008) 30. Motion to approve design contract to Khafra Engineering Consultants, Inc. in the amount of $147,753.00 for the Water Main Replacements for Fort Gordon Recreation Area at Thurmond Lake Project. (Approved by Engineering Services Committee October 27, 2008) 31. Motion to approve award of a design contract in the amount of $397,632.00 to ZEL Engineers for a wastewater connection (Force Main & Lift Station system) at Fort Gordon. (Approved by Engineering Services Committee October 27, 2008) 32. Motion to approve Change Number One in the amount of $348,950.00 with funding of $348,950.00 from SPLOST Phase III Recapture for project construction. Also approve award of construction contract to Mabus Brothers Construction Co., Inc. The amount of $348,950.00 for the Lover’s Lane Evacuation Route project CPB #323-041110-207823001, subject to receipt of signed contracts and proper bonds as requested by the Engineering Department. (Approved by Engineering Services Committee October 27, 2008) 33. Motion to authorize condemnation to acquire title of a portion of property, designated as Tax Map 144, Parcel 001 located at 3486 Peach Orchard Road for a permanent and temporary easement for the Butler Creek Upgrade East Project. (Approved by Engineering Services Committee October 27, 2008) 34. Motion to approve proposal from Heery International, Inc. for Programming Verification and Space Planning Services for the renovations to the Augusta-Richmond County Municipal Building. (Approved by Engineering Services Committee October 27, 2008) 35. Motion to approve Capital Project budget Change Number Five (CPB 323-04- 299823999) for the Augusta County Regional Flood Control Feasibility Study in the amount of $2000,000 to be funded from SPLOST Phase III Recapture as requested by the Engineering Department. (Approved by Engineering Services Committee October 27, 2008) 36. Motion to approve an Option for Right-of-Way between Gary E. Ergle and Janet W. Ergle, as owners, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, consisting of 0.037 acres (1,632.09 square feet) in fee and 0.046 acres (2,021.48 square feet) of permanent construction & maintenance easement and one temporary driveway easement for the property located at 2001 Glennfield Lane, for a purchase price of $47,500.00. (Approve by Engineering Services Committee October 27, 2008) 7 37. Motion to approve the deed of dedication, maintenance agreement and road resolutions submitted by the Engineering Department for the Orchard Subdivision, Section I. (Approved by Engineering Services Committee October 27, 2008) 38. Motion to approve rescinding the extension of the existing vehicle maintenance contract on a month-to-month basis and requesting the preparation and issuance of an RFP and recommending the approval of a one year extension of the existing maintenance contract with an amendment to allow the Solid Waste Department to provide for internal maintenance with parts provided by the contractor and that the RFP be sent out during 2009 for a new contract. (Approved by Engineering Services Committee October 27, 2008) PETITIONS AND COMMUNICATIONS 39. Motion to approve the minutes of the regular meeting of the Commission held on October 21, 2008. PUBLIC SAFETY 43. Motion to approve purchasing of Thermal Imaging Cameras with residual funding. 45. Motion to approve a request for transfer of funds from 9-1-1 Fund Balance Unreserved to 2008 9-1-1 Operating Budget for purchase of a replacement Logging Recorder. 46. Motion to approve the transfer of 911 Unreserved Funds to 2008 Operating Budget for purchase of computer monitors. FINANCE 47. Motion to correct action of the Commission on October 21, 2008 to approve a request from Ms. Annette Stringer regarding a refund of property taxes in the amount of $1,323.54 instead of $456.14 on property at 4172 Kevin Road. (Approved by Finance Committee October 13, 2008) Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 9-0. [Items 1-4, 8-39, 43, 45-47] Mr. Mayor: Okay, Madam Clerk, let’s go to the first pulled item. The Clerk: PUBLIC SERVICES 5. Motion to approve a 90-day probation period of the Alcohol Beverage License of the Sound Track Supper Club held by Frank Benjamin located at 127 Laney Walker Blvd. Due to an abundance of incidents, reports and calls to this location. District 1. Super District 9. (Approved by Public Services Committee October 27, 2008) Mr. Brigham: Mr. Mayor the committee stands by its motion to make a recommendation that we put this club on a 90-day probation. Mr. Mayor: Okay, do we have a second? 8 Mr. Johnson: I’ll second that. Mr. Mayor: Okay, we have a motion and second. Is there any further discussion? Mr. Mason: There is. Mr. Mayor: Okay, Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. Um, well being out of the net for the past couple of weeks or so I guess I’m trying to get caught up. Can you please just kind of explain the situation that we’ve incurred here? Mr. Sherman: The Sheriff’s Department has requested that this be placed on the agenda for you to consider some action against the business license and Mr. Hyatt from the Sheriff’s Department is here who can answer your questions specially about the incidents that have taken place there. Mr. Mason: Can we hear from the Sheriff’s Department there, please? Mr. Mayor: Go ahead. Mr. Mason: I’m just interested in what incidents specially caused you to recommend that this be placed on the agenda. Mr. Hyatt: The main incident would be back in July when we had a shooting there at the location outside of it where three individuals were shot with an assault rifle. That was the main. We’ve had other incidences, fights. We’ve even had a deputy who was working a special there they got shot escorting somebody out of the club. So after the incidences and then the last one with the shooting that’s when we felt it was necessary to bring it here before y’all. Mr. Mason: Did you have a recommendation from the Sheriff’s Department of action requested from this body? No recommendation. Any recommendation from License and Inspection? Mr. Mayor: Mr. Sherman? Mr. Sherman: Um, a little bit of information that you were not available to, I guess, that was brought out at the committee meeting. In February of this year we conducted an audit of the business to determine if they were in compliance with the codes that regulate restaurants and alcohol sales. The club was considered a restaurant because essentially they had 50% of the gross sales was from the sale of food. With that being the case they were eligible to apply for a Sunday Sales license as well as all ages were allowed to come into the establishment. In February when we conducted the audit they didn’t have sufficient records to satisfy the requirement to be classified as a restaurant. So we told them then that we would allow six- st months, we would come back and conduct another audit which we did just I think at the 1 of September. At that time we also found that the records were not sufficient so that we could 9 determine that they are a restaurant. So we changed their classification to a bar so only 21 and older would be allowed to enter it and then they would not be able to keep it Sunday Sales. So with that being the case at the committee meeting the other day we would recommend 90 days probation just to and I think that’s what’s on the table just to monitor the business and make sure they stay in compliance with the code. Now the I think the owner of the business is back in town who was saying this at the committee meeting that he is now back in town and he will actually be running the business and he is here. Mr. Mayor: Okay, can we hear from the owner? And if you could state your name and address for the record, please, sir. Mr. Speaker: My name is Frank Benjamin. I live at 127 Laney Walker Boulevard, Augusta, Georgia. Mr. Mayor: Okay Mr. Mason you had a question for Mr. --- Mr. Mason: Well uh, I guess my question, were you, Mr. Benjamin? Mr. Benjamin: Yes. Mr. Mason: It is? Okay. In July as the Sheriff’s Department has referenced these assault rifles or assault weapons were being used on, utilized on your property there? Mr. Benjamin: No, it wasn’t on my property --- Mr. Mason: No? Mr. Mason: --- that’s what I don’t --- Mr. Mason: That’s what I’m trying to --- Mr. Benjamin: It wasn’t at my place. The gentleman was uh, who was using those rifles they was in the back of that old college bowl back behind the (unintelligible) you know playing dice and some of them got mad and they went and took it out, you know shooting one another back there. And we didn’t know anything about it until we came out. And you know and they was telling us about it. But they wasn’t nowhere around our place. Mr. Mayor: Okay, is there any further discussion? Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Benjamin, were you not agreeable to the 90-day probation in the committee meeting? 10 Mr. Benjamin: Yes (unintelligible) Mr. Brigham: Okay. Mr. Mayor: Okay. Mr. Benjamin: (Unintelligible) Mr. Brigham: Thank you. Mr. Mayor: Thank you, sir. Okay we have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Mayor: Thank you, sir. Madam Clerk, the next agenda item. The Clerk: PUBLIC SERVICES 6. Motion to approve a 90-day probation period of the Occupational Tax Certificate of Club Platinum located at 1505 North Leg Rod. Because of a shooting incident in the parking lot on August 15, 2008 as well as other incidents. District 3. Super District 10. (Approved by Public Services Committee October 27, 2008) Mr. Mayor: Okay, Commissioner Brigham. Mr. Brigham: Mr. Mayor I think I’m duty bound to make the same motion that the committee stands by it’s recommendation of a 90-day probation and ask that this be put in the form of a motion. Mr. Mayor: Do we have a second on that? Mr. Holland: Second. Mr. Mayor: Okay, we have a motion and a second. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. Um, being that this is in my district and had a call from a news reporter last week that introduced to me certain in my opinion troubling advertisements on the establishments website. One of them being linked to mobsters where it showed a picture of a gentleman with a gun saying, “Start your own mob with your friends”. Another picture with a gun that says, “Mafia wars build the biggest family”. Then I was told there was another incident at this nightclub last Saturday night where a 19-year old female had a gun put to her head. We had a murder at this establishment a year ago or this past summer, a shooting last summer and my question is when is this going to stop and how long are we going to 11 allow this process to continue? And I’d like to hear from the Sheriff’s Department about the latest incident Saturday night. st Mr. Hyatt: The latest incident was November the 1, Saturday morning in the hours of -- - Mr. Russell: Could you give us your name and uh, for the record, please? Mr. Mayor: Yes, sorry about that. st Mr. Hyatt: I’m Investigator Hyatt. The latest incident was November the 1 at roughly 2 a.m. in the morning. When I actually spoke to the victim this morning prior to coming here and um, she told me there was a fight that started in the club. She was trying to get out of the club to get away from the men, to leave for the night. When she got to her vehicle there was some people out there and they were trying to get the vehicle out of the way when the subjects and the um, another vehicle asked her if she had a problem and she said I want to leave. He pulled out a rifle and pointed it at her. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you Mr. Mayor. Do y’all have any witnesses or any proof about this weapon that was, I mean outside of the, the individual that mentioned it? Mr. Hyatt: It’s in my report and I spoke to the victim this morning. Mr. Johnson: That’s the only thing that we have at this point? Mr. Hyatt: Right. Mr. Johnson: Okay. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: Mr. Mayor, our policy on licenses is in Section 6-2-74 states that failure of the licensee to adequately supervise and monitor, conduct the conduct of employees patrons and others on licensed premises or any property owned or leased by the licensee property owned or leased including but not limited to parking lots and the parking lot area. And I know that’s been the biggest contention is you know this always occurs in the parking lot but it is a responsibility of the establishments to patrol and protect the parking lots and I just um, it’s troubling to me to see these incidents year after keep coming back and I just wonder how many people have to die. So I’m going to make a motion to pull the license. Mr. Mayor: A substitute motion? Mr. Bowles: A substitute motion to pull the license. 12 Mr. Grantham: Second. Mr. Mayor: Okay. Mr. Russell, then Mr. Johnson. Mr. Russell: Mr. Mayor, if I can just for information I was informed by Mr. Sherman what you’re actually quoting is alcohol ordinance. This club does not have an alcohol license so it’s my understanding that would not cover this particular incident at this time. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. In regards to what Commissioner Bowles is speaking about as far as the My Space Page I think is I did speak with the owners of the club in reference to this and informed them that that was on the website to get their fee back on they agreed to research the website. They did tell me that they had a gentleman that was I guess he was hired to set up that website and he was there doing that and they didn’t, they was not aware of that particular graphic information on the site. So I did talk to them about revising that, promoting a positive message on the website as well as we spoke last week about procuring the parking lot and making sure that the entry ways was limited to one. Again we’re not dealing with a issue of alcohol here so we can’t, we can’t say that they’re liable on that because they don’t serve the alcohol. Wherever they’re getting the alcohol from in the beginning they can’t control that and that’s beyond their control. I mean and being realistic this can happen in, I know a gentleman that was killed in Kroger parking lot but we can’t hold Kroger liable for the security measures of people that act out and not take responsibility for their own actions. So I do think that 90-days probation we referred to in committee is sufficient. They have agreed to amp up the security there as far as the entryways and having active duty security waling the parking lot at all times so that one is out there. I think that would be sufficient at this time. Mr. Mayor: Okay. Commissioner Mason and then Commissioner Grantham. Mr. Mason: Thank you, Mr. Mayor. Um, very troubling situation here because as I recall when these club members were before us before we mentioned, and I was an advocate by the way of giving another opportunity to right the ship. But at the same time as an elected official we’ve got to look at the situation as a whole. And I’m very, very troubled behind this because one, I’m hearing Commissioner Johnson mention the “amping” up of security but I thought that was something we already stated in the first place, the last time that we talked. And so I’m wondering what happened? Did we not follow that directive that was given then and if I could have someone from the club to come up and speak to this issue I think that would be necessary at this time because I’m just a tad bit confused because I thought that was something we put in our stipulations from the time before. Mr. Mayor: Sir, if you could state your name and address for the record? Mr. Speaker: (Inaudible) 305 Caldwell Circle. What we did we did amp up the security. It’s just we’re dealing with that magnitude of people. I mean it’s very difficult to kind of see everything that’s going on even with the Richmond County Sheriff’s Department working for us 13 every night. We do have officials, I mean police, that work for us every night. So they are present. Mr. Mason: Then from our standpoint sitting here somebody has to make a decision on whether or not you have the ability to run an operation safely. What would you say to me that would convince me to say hey, let’s go ahead and continue this operation on based on what you just said. Mr. Speaker: What we’re doing now, the only thing I can say going forward is we’re just going to hire a cop to secure the place a little bit better. Mr. Mason: Do anyone know the age of the, I don’t want to say victim, but the person that had the gun to her head or whoever this was that got shot. Do we know the age of this, of these individuals? Mr. Speaker: Nineteen. Mr. Mason: Okay and what was the age that we talked about, 18 was the age that we talked about. No alcohol or anything involved in this incident that you know of? Mr. Mayor: Okay, we have a substitute motion and a second on the floor. Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. One of my points was we had this business before us. We talked about this and we did put restrictions on what you could do for the future. When you said you hired additional protection, how many did you hire? Mr. Speaker: We generally try to have three or four depending on the shifts when they can work. We generally have between three and four. Mr. Grantham: How many was there Saturday night? Mr. Speaker: --- we had two. Mr. Grantham: Two. So do you --- Mr. Speaker: It was a scheduling conflict. Mr. Grantham: Do you consider that to be ample security? Mr. Speaker: No, I would like to have more. Mr. Grantham: Why didn’t you have more Saturday night? Mr. Speaker: The individuals I think it was the guy that was supposed to work there was supposed to be another guy to work and I think it was his birthday and he went out of town. 14 Mr. Grantham: Well, you know, sir, I’m not running your business but I think that’s when you should decide how many people should be allowed in your business based on the number of security people you have. I just have a problem with this as several of my other colleagues. They’ve been before us and we’ve discussed this and there’s no alcohol involved. I shudder to think what may have happened had there been alcohol involved. You know we could have a death on our hands this morning. And so with that being said, Mr. Mayor, I’m going to go ahead and support the substitute motion. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Mayor, as I’ve said in Committee it is our responsibility to shut down public nuisance. I accept that the recommendation is probation because I think that’s all that was passed in Committee. But I think we have an obligation to this community to shut down public nuisances and I think this club has become a public nuisance. Mr. Mayor: Okay, is there any? Commissioner Smith? Mr. Smith: Mr. Mayor, they don’t have an alcohol license so what we’re voting on is the business license for the place? Mr. Mayor: That is correct. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. I need to get an understanding of what Mr. Brigham said because I was not in that public service meeting at that particular time in terms of you know your motion because the first time I thought you said we wouldn’t accept the recommendation that was made in the committee meeting --- Mr. Mayor: Well the --- Mr. Holland: --- the 90-day probation. Mr. Mayor: There, yes, sir and Commissioner Holland, Commissioner Brigham made a motion to accept the recommendation of the committee but then Commissioner Bowles made a substitute motion to pull the license. Mr. Holland: My concern, Mr. Mayor, is that no alcohol is being served this club is placed on 90-day probation. If for some reason within these 90-days something occurs and they have to come back here then we have an opportunity to fulfill obligations that in terms in revoking their license at that particular time. This is taking people out of a job if we revoke their license and stop them from working at this particular time. You know I know people need to have somewhere to go and it appears as if they’re trying to do the best that they possibly can with the club. There are some places in Augusta that things are happening everywhere you know and it’s not being reported. So with that in mind I just hate to see us revoke their license at this particular time and just let them be placed on probation and if for some reason they have to come 15 back before us then we will take the necessary steps that we would have to take at that particular time. So I’m not in favor of revoking their license. Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. Mr. Mayor, I’m very sympathetic to the fact of lost jobs. I want to make sure we’re clear on that. But at the same time my bigger priority would go to safety and the safety of our citizens. And I think that’s where for me that I draw the line. And I don’t have a warm and fuzzy up here as I’m sitting here today of a plan of action that would correct the issues that continue to come before us. And I understand the 90-day probation but we’re saying if something happens within that 90 days if it’s his death I don’t want to have that on my head, period. I really don’t. And so for me the decision becomes rather clear when it deals with from a safety standpoint or from a job standpoint and I would say if the jobs were that extremely important than perhaps, just perhaps we would do a little bit more in terms of insuring that we have what’s necessary on site or we would perhaps would not open the site that particular night. There are decisions that you can make as an owner besides just the bottom line and that’s where I’m conflicted right now because as an owner I would expect for you especially having been here before understanding what we’ve done in the past and try to do and as been an advocate for your place that you would do everything within your power to insure that this would not happen again if it means hiring ten or closing it down. I don’t have enough here you guys go home. I would’ve have liked to seen that because the safety of our young people is paramount with me and I’m not going to change that for anybody today. Mr. Speaker: That doesn’t happen --- Mr. Mayor: Okay. Mr. Speaker: --- on occasions when I didn’t have police to work I wouldn’t open that night. I won’t open. I’ve done that in the past. I have actually done that. Mr. Mayor: Okay we, Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. In reference to safety Mr. Mayor I think that’s paramount in terms of what we’re discussing here also. But we could walk out of here and get hit by a car you know any time when we have a brick or something fall on our heads but we’re talking about you know a person you know that’s trying to have a decent business and these sometimes isolated incidents that occur and I think that we really need to take under consideration what we’re trying to do to these, to this organization at this particular time. Because these people are trying to do what they’re supposed to do. They’re trying to work and do what’s right and certain things happen and if they’re placed on probation I believe that with all my heart they will take the opportunity to come back and do what’s right. And I’ve spoken with some Sheriff’s, some Deputies and they do have scheduling conflicts. As a matter of fact I spoke with the Sheriff the other day, a deputy the other day and he is on his way to work a job and before he got to the job the call is placed and tells him he could not make it. So which made the people at this particular business to call and get another deputy to come in and take his place. 16 And they do have scheduling conflicts at times so my concern is that I just hate to see their license being revoked and I think the 90-day probation is uh, as it stands. Mr. Mayor: Okay. Commissioner Beard. Ms. Beard: Mr. Mayor, I am, this is indeed a conflict for me because I don’t want to see anyone killed or hurt anywhere. Yet I know young people need someplace to go and if they don’t go there they’re going to go somewhere. And it could be worse or maybe it won’t be worse. But I’m wondering if you thought of using adult volunteers to assist in the supervision. And I think there are people out there even relatives and what have you who would be willing to be out there to assist to see that nothing happens. And maybe we could try having 10-20 for these 90 days and see how it goes. Is it something you feel you could do? Mr. Speaker: Yes, I mean, I wouldn’t be opposed to --- Ms. Beard: And I’m serious about this because we know we have a problem with our young people. And we know that they act out much of the time. I will say that. And it’s something that all of us are going to have to work on in order to make things better not only here but everywhere. Mr. Speaker: What’s happening, we’re allowing a small percentage of the population in our customer base to ruin it for everyone. We’re talking about two or three people that are causing trouble where there’s an abundance of people who are just having a good time and go home. Ms. Beard: But it has to be stopped. Mr. Speaker: Right. Ms. Beard: We cannot allow the three to do it. Mr. Speaker: Right. You’re right. Mr. Mayor: Okay. Ms. Beard: Do you feel you could come up with more volunteers? Mr. Speaker: Yes, I’ll definitely look into that to see if there is something that I can do. Ms. Beard: Then it would be my hope we would give them some consideration if you feel you can make this a safe situation for our children. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I agree with Mayor Pro Tem Ms. Beard. This is a community problem. I mean we, I commend you guys first of all because you have provided 17 that establishment for young people to come in. I myself I don’t know whether I have the temperament to deal with it because you dealing with attitudes, you’re dealing with personalities from all backgrounds and sorts of like and a lot of these children don’t really have if you will the proper upbringing. So you there are trying to discipline them and if not it so easy to turn our backs on people when they’re not doing things accordingly okay and I think that if we take the time to show them that there’s people here in the community that care about their well being and care about where they’re going in their life and care about what happens to them that we can make a difference. But if we keep turning our backs on our young folks every time they make a mess or something happens and unfortunately it winds up in death. And I’m not saying I’m advocating that by all means I’m not but we’ve got to look at the bigger picture here. If Club Platinum closes today they’re going somewhere else tomorrow. What are we going to do then? Are we going to wait for the next club to come before us again and say alright now we’re going to put them on probation for 90 days and then we’re going to suspend them? It’s a bigger issue and that’s not to route to take. What we need to do is assist these gentlemen if what Ms. Beard’s saying that’s a great program a great plan. Maybe parents helping, coming out to assist them and work the parking lot and make sure that everything is safe. Get walkie-talkies, it can be done. But they’re going to go somewhere. We’ve got to do something to challenge their energy because if not they’re going to be idle, they could be wandering the streets they could be breaking into your houses or probably shooting around your property. And these are the things we’ve got to look at so I don’t think that’s the answer. And like I said before I understand the concern for the community but this is not the key. This is not going to stop this from happening. This is something that we got to take a look at more in depth and we got to figure out how can we stop collectively as a community and as a body of Commissioners and leaders in this city. Mr. Mason: Point of clarification, Mr. Mayor. Mr. Mayor: Okay, Commissioner Mason. Mr. Mason: Um, when the club was before us before if I’m not mistaken we put a well there was a stipulation in terms of the time in which they would close. Do we know what that is? Eleven. The Clerk: That was lifted. Mr. Mason: That was lifted, that was lifted. Okay, very good. Mr. Mayor: Madam Attorney, Ms. Johnson, I believe we have a legal clarification here that we need to. Ms. Johnson: Well, there’s several legal issues involved both based on the Business Tax Certificate as well as the alcohol ordinance. And really the agenda item needs to be pulled until the next committee meeting so we can clarify those issues and we can discuss them further in Legal session. But the substitute motion proposed is invalid based on the law and facts of this matter. 18 Mr. Mayor: Okay, could I get a substitute motion and Ms. Johnson what would you like, a valid substitute motion, what would be the --- Mr. Mason: Withdraw the --- Mr. Mayor: Okay, Mr. Bowles, would you like to withdraw your substitute motion? Mr. Bowles: Would I like to, no, but I will. Mr. Mayor: Okay, thank you, Mr. Bowles. Ms. Johnson. Ms. Johnson: Yes, so that still leaves the original motion and that needs to be postponed until the next committee cycle pending further information from Licensing and Inspection and review the legal issues involved. Mr. Mayor: Okay, do we need that in the form of a substitute motion? Ms. Johnson: Yes, sir. Mr. Mayor: Okay, can I get a substitute motion to that affect? Mr. Johnson: So moved. Mr. Mason: Second. Mr. Mayor: We have a substitute motion and a second. Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: You know these people have come before us and said that they cannot afford security. It affects their bottom line. Now you know all we’re doing is postponing an inevitable situation. We need to deal with this matter. We don’t need to postpone it. I don’t know how we need to straighten out the motion but the motion needs to be straightened out and we need to deal with it now. We don’t need to wait for somebody else to get killed. We already had one to two deaths at this location and we don’t need anymore. Mr. Mayor: Okay. We have a substitute motion and, Ms. Johnson, could you repeat how you requested that substitute motion be phrased? Ms. Johnson: Yes. The substitute motion being that this agenda item be pulled for the next committee cycle pending further review by Licensing and Inspection and the addressing of the legal and factual issues contained in the current motion as posed. Some of which are incorrect. 19 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. Jackson, Mr. Brigham, Mr. Smith and Mr. Grantham vote No. Motion fails 5-4. Mr. Mayor: Okay, we have a primary motion still on the floor to take the recommendation of the Committee. Ms. Beard. Ms. Beard: I want to add one thing, one other thing to what I have said. Our young children are in trouble in this community. When we read the paper and find that we are sixth in the nation where we have young men dropping out of school, something’s wrong. And we are going to have to come together and make some real decisions that will help our young people. And when we help them we will help our city. It really isn’t enough to say close them down. We’re going to say how can we turn this around. I’ve been around a long time and I’ve seen a lot of things turn around. It can happen. And I’m looking forward to that for our city. Mr. Mayor: Okay and Commissioner Johnson I’ve recognized you twice already and we --- Mr. Johnson: Mr. Brigham, I hear you say you can’t stand by for another incident to happen at that location. I don’t want it to happen at no location. And I feel where you’re coming from but I don’t want it happening nowhere --- Mr. Mayor: Commissioner Johnson --- Mr. Johnson: --- or whatever. Mr. Mayor: Commissioner Johnson, I’ve recognized Commissioner Brigham twice and we’re supposed to go through the Chair on this rather than have discussion amongst Commissioners. So we have a motion and a second to adhere to the Commission. The Committee recommendation. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Holland: Can we hear the motion again please? Mr. Mayor: The motion is to take the recommendation of the Public Services Committee th from October 27, 2008. The Clerk: 90-day probation. Mr. Mayor: 90-day probation. Commissioners will now vote by the usual sign. The Clerk: Mr. Grantham? Mr. Grantham: I don’t want to vote. I think we’re giving them a new lease on life. 20 The Clerk: So you’re not going to vote? Mr. Grantham: I’ll vote. Mr. Holland: It’s time for a change. Mr. Grantham: It’s time for a change all right. Mr. Brigham and Mr. Smith vote No. Motion carries 7-2. Mr. Mayor: Okay, Madam Clerk, next agenda item. The Clerk: PUBLIC SERVICES 7. Motion to approve the renewal of a six-month lease with Georgia Golf Hall of Fame (GGHF) for operation of the Botanical Gardens. (Approved by Public Services Committee October 27, 2008) Mr. Mayor: Commissioner Grantham, I believe this was your pull. Mr. Grantham: It is, thank you, Mr. Mayor. In view of the fact that we’re in the middle of our budget deliberation and to see what we’re going to have to do to make our budget balance. Realizing that we went on a six-month lease back in the beginning of this year for the property of I’m going to make a motion that we postpone this until we the Georgia Golf Hall of Fame can have a better understanding of our budget and to ask our Administrator and Director of Recreation to bring back a recommendation based on our budget findings and what our Director of Recreation has recommended for a reduction in his programs. Mr. Mayor: We have a motion. Is there a second? Mr. Holland: 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 9-0. Mr. Mayor: Okay, Madam Clerk, now that we’re done with the consent agenda let’s get to the regular agenda, shall we? The Clerk: PLANNING 21 40. Z-08-70 – A request for concurrence with the Augusta-Richmond Planning Commission to approve with the following conditions 1) the only uses permitted shall be attorneys, doctors, dentists and accountants or those uses permitted in the R-1 zone; 2) no access to Pinnacle Place Drive; 3) the building shall be limited to a total of 10 employees; 4) the site must meet or exceed the parking requirements in the Comprehensive Zoning Ordinance before a Certificate of Occupancy is issued; and 5) the site must meet or exceed the requirements of the Augusta-Richmond County Tree Ordinance before a Certificate is issued; a petition by Randolph Frails, on behalf of Ella Matthias, requesting a change of zoning from Zone R-1 (One-family Residential) to Zone P-1 (Professional) affecting property containing .49 acres and is known under the present numbering system as 2664 Tobacco Road. (Tax Map 140-0-195-00-0) DISTRICT 4 (Deferred from the October 21, 2008 Commission Meeting) Mr. Mayor: Mr. Patty. Mr. Patty: This was postponed from the last meeting. This is a problem property on Tobacco Road at the entrance to Pinnacle Place subdivision. It’s being used for purposes that it’s probably not zoned for. I won’t go into details but Mr. Frails wants to buy it and establish his law office on this property and um, he has consensus from the neighborhood. He has consensus from the neighborhood at our meeting, which I guess has been almost a month ago now. And um, right prior, just prior to the past meeting was postponed there was a slight change in one of the conditions that was requested and I guess that’s why is was postponed but they’d like to change condition number one to read, B; physicians, lawyers, engineers, architects and similar professional uses which may occupy and entire building or group of buildings and G; provision of the following service where ho retail or wholesale activities conducted on the premises, insurance finance, mortgage, accounting appraisal business, consultant, real estate and other similar services. That would limit the types of professional uses that could be made of this property and I think everybody’s in agreement with that. Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: Mr. Mayor I’m going to recuse myself from the vote that I live in Pinnacle Place subdivision. Mr. Mayor: Okay. Okay do we have any, do we have a motion do we have any further discussion? Commissioner Beard. Ms. Beard: I move for approval. Mr. Mayor: Okay. Do we have a second? Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Commissioner Johnson. 22 Mr. Johnson: Yes, I’m a little off here. What is it that they’re trying to do exactly here? Is it an establishment going up or --- Ms. Beard: Law offices. Mr. Grantham: Law office. Mr. Mayor: Yes, sir, please. If you could state your name and address for the record. Mr. Speaker: My name is Randy Frails and I have a law office at 211 Pleasant Home Road, Suite A-1, Augusta-Richmond County Georgia 20907. And what we’re actually going to do is Commissioner Johnson is we’re going to open a satellite office at that location. Mr. Johnson: Okay. Mr. Frails: It will be a law office however going forward we want to make sure that you know we do have some other professional uses that extensively with the Homeowners Association met extensively with Planning and Zoning. That’s what our intent is. That’s what we will be doing. Mr. Mayor: Okay, we have a motion and a second. Commissioner Bowles. Mr. Bowles: Was the neighborhood in protest? I’m just trying to figure out why at this point. Mr. Frails: No, Commissioner Bowles, they’re not in protest. We met on three different occasions with the Homeowners Association and they were here at the last meeting. As a matter of fact Mr. Patty attended one of those meetings with the Homeowners Association and they did vote and they voted in concurrence with --- Mr. Bowles: Thank you, sir. Mr. Frails: --- what I want to do. Mr. Mayor: Okay. Is there any further discussion? We have a motion and second to approve. Commissioners will now vote by the usual sign of voting. Mr. Mason and Mr. Brigham abstain. Motion carries 7-2. Mr. Mason: For the record my only abstention since I’ve been up here. Mr. Brigham: I guess I need to clear the record why I abstained. Mr. Frails gave me a political campaign contribution and I don’t think it was above the limit. Mr. Johnson: Don’t tell everybody. 23 Mr. Mayor: Okay. Mr. Brigham: I would hope to get another one. Mr. Mason: Perhaps I could get one too. Mr. Mayor: Good gosh, the elections were just over yesterday and you’re all already politicking. Next agenda item, Madam Clerk. The Clerk: PLANNINNG 41. Z-08-68 – A request for concurrence with the Augusta-Richmond Planning Commission to approve a petition by Craig Cassedy, on behalf of Michele G. Schmitz, requesting a change of zoning from Zone P-1 (Professional) to Zone B-1 (Neighborhood Business) affecting property containing .65 acres and is known as 2502 Crosscreek Road. (Tax Map 131-0-096-02-0) DISTRICT 4 (Deferred from the October 21, 2008 Commission meeting) Mr. Mayor: Mr. Patty. Mr. Patty: This one we’ve got concurrence with the, a letter from Sammy Sias on behalf of the Neighborhood Alliance and the Neighborhood Association saying that they are concurrence with it. It’s currently zoned Professional, was an area we didn’t want to see be Professional or Commercial but they way Windsor Spring Road was built this property is in the middle. It was subsequently zoned commercial when I think that makes this property reasonable and we recommend approval. Mr. Mayor: Commissioner Mason. Mr. Mason: Yes, sir, thank you, Mr. Mayor. I did receive some calls from the Woodlake Subdivision in reference to this particular item. Is there anyone here from Woodlake Subdivision? Okay I guess one of the issues was that they did not, a lot of the folks that live in Woodlake did not have a chance to participate and they also questioned Mr. Sias’ role in this as well. But in any case um, the petitioner or the one who, are you here? Can you kind of give me some explanation as to what’s going on so I can go back and talk to the folks out there? Mr. Mayor: If you could state your name and address for the record. Mr. Speaker: Aaron Sapp, 502 Northlands Lane, Evans, Georgia 30809. Mr. Mason: Okay and you are in relation to this? Mr. Sapp: What we’re doing is we’re looking at purchasing that piece of property to put a restaurant a Maryland Fried Chicken there and it’s pretty much based on whether we get it 24 zoned then we would purchase the land. And I think from my understanding the issues the neighborhood had was there was an apartment complex --- Mr. Mason: Right. Mr. Sapp: --- behind the land and there’s a hole in the fence I think the people are parking on this piece of property and going through the hole in the fence. So I know that was one issue they had and then any loitering that would be going on when we had the restaurant. Mr. Mason: Well, a question I would have is because that Windsor Spring is a very busy intersection I’m sure from a business standpoint you like that and that’s a good thing. But there is a lot of traffic right there now. As far as your parking situation, had that been addressed in terms of off of that main road right there when the cars are rolling rather swiftly? Mr. Patty: Well, you know if the zoning is approved than they’ll have to do a site plan and that will show the ingress and egress and the parking supply and that sort of thing. All of that will have to be approved by your staff before they ever get a building permit. Mr. Mason: Due to the fact that I do not see any of the Woodlake Subdivision folks who called me on this and just as a word of note, if your intent is to and probably anywhere in the city you probably also want to talk to the Commissioners that are over those districts as well. Not that you have to get their approval at that particular point but it certainly would be an appropriate protocol I would think to because I was in total, I’ve never seen you before a day in So having said my life. We’ve never had a conversation and that is an area that I represent. that, Mr. Mayor, I move for approval. Mr. Jackson: Second. Mr. Mayor: We have a motion and second. If there’s no further discussion Commissioners will now vote by the usual sign. Motion carries 9-0. The Clerk: PLANNING 42. Z-08-64 – A request for concurrence with the Augusta-Richmond Planning Commission to approve with the condition that there be no traffic access, except for maintenance vehicles, onto Overton Road; a petition by Cranston Engineering Group, on behalf of the Augusta Country Club, requesting a Special Exception to expand and bring an existing country club into zoning conformance per Section 26-1 (i) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 215 acres and is known as 655 Milledge Road. (Tax Map 034-2-04—00-0) DISTRICT 1 (Deferred from the October 21, 2008 meeting) 25 Mr. Mayor: Madam Clerk, prior to moving on this I would like to say that I will recuse myself from discussion. I have a conflict of interest as I am a member of the Country Club and not that we have an even number today but if I could vote on it I wouldn’t so. Mr. Grantham: Mr. Mayor, I want to --- Mr. Mayor: Commissioner Grantham. Mr. Grantham: --- clarify that because I had asked a question a very same question about four or five weeks ago to Mr. Patty particular in then certainly to our Attorney. The ordinance is that, qualify you for not voting on a situation like this would be that you have to have ownership and ownership of Augusta County Club is not in the form of a membership. So that’s by invitation only and I know that I too am a member as well as Mr. Bowles and it would behoove us from voting on that should that be the case. So I want to get that cleared for sure before the motion’s made or even the issue comes up as to whether we should recuse ourselves or not. Mr. Mayor: Ms. Johnson. Ms. Johnson: That is correct as stated. Furthermore the issues that are looked at are any pecuniary or fiscal benefit that you could receive. That wouldn’t be the case here. Mr. Mayor: Okay, well, we’ve got the agenda item called so Commissioners, actually Mr. Patty. Mr. Patty: This involves a small tract that was adjacent to the original Augusta Country Club which is of course is a non-conforming use dating back way before the zoning ordinance was written. And um, this tract was, had to have several houses on it before and I believe and it was cleared and some work was done. A site plan was applied for and at that time my staff realized that it needed an additional Special Exception because it’s not part of the original property. And so a site plan was produced and the zoning was applied for at the same time. And when the Planning Commission heard this at their October meeting the only issues that were raised and the only issues we were aware of were ingress egress issues. And the stipulations put on the property that, to the 4 ½ acre tract that was formerly residential there could be no general access. It would only be emergency or maintenance access and that seemed to okay but between the Planning Commission meeting and the Commission meeting we had a substantial rainstorm and there were some drainage issues raised after that, just before your meeting and I think it was postponed primarily because of that. I know that our staff has met with the property owners. We’ve met with the engineers and I know that the problem was the folks representing the County Club weren’t here at the meeting. And they’ve all met since and I think most of the issues have been resolved. But Dennis Welch is here representing the engineers, or engineers are here and any questions should be directed to them. Mr. Brigham: Mr. Mayor, are there any --- Mr. Mayor: Commissioner Brigham. 26 Mr. Brigham: --- protestors here? Mr. Mayor: Do we have any protestors here? Yes, ma’am, can we hear from one of y’all representing? Okay, well, we can hear from both of you. And if you could keep it to five minutes, please, ma’am. Ms. Stulb: Janet Stulb, 2211 Overton Road, Augusta Georgia 30904. The request as George stated includes R-1 property that is not grandfathered in. The expansion that is requested is in a problematic area and while George did state that the site plans were submitted um, and a request for the Special Exception was submitted and that the complaints about the runoff occurred after the site plan, after the meeting where I would’ve normally appeared before the Planning Commission. What in fact happened is that the practice area was already expanded into this R-1 property before the Special Exception was applied for. So I did not have the opportunity to come before the Planning Commission to discuss the issue prior to the land actually having been altered. And so we are here and we did have the meeting with the engineers from the County Club and with city engineers however no actually resolution to our problem was put forth. So what we are asking for is an additional condition that the Commission add an additional condition to the request that would go back because now they have submitted the original expansion onto this R-1 property to create a short-game practice area as well as a parking lot addition. Separate site plans were submitted. The first one was for the short-game practice area. It was, the practice area was completed and now since that completion the site plan for the parking lot has been submitted. However that second site plan is being, is pending the Commission’s approval of the Special Exception. So we’ve already approved on site plan and built before the Special Exception and we’re holding up the second site plan until we get a Special Exception. All of the water from the Country Club runs down into this one area that’s involved in the development. So water comes across the road and into neighboring properties causing some flooding in the driveway and the basement of one house and in flooding of the yard of another. So we are requesting that there be a condition that the petitioner submit corrected and updated water runoff data and management configuration of both the completed Phase I and the proposed Phase II development on these R-1 properties so that the Planning and Zoning can accurately evaluate the accumulative storm water runoff from these sites and prevent depreciating affects and damages to the neighboring properties. Mr. Mayor: Thank you, ma’am. And do we have anybody to speak for the petitioning side? If you could state your name and address for the record please sir and keep it to five minutes as well. Mr. Speaker: Yes, sir. Dennis Welch, Cranston Engineering, 452 Ellis Street. What Ms. Stulb stated is actually already been done. When the first project was done, the short course area the runoff of the project was actually reduced by the elimination of the existing houses and the impervious areas associated with it, the driveways, patios. The parking lot that is currently submitted actually has a retention pond associated with it that has reduced the pre-developed runoff by 90% in accordance with the city ordinance. And we went ahead and included the area of the short course as well to get it down to the 90% as well even though we had previously reduced the runoff slightly just by the elimination of the impervious area. So actually the two 27 projects in whole have reduced the runoff from the Country Club property that’s being developed. Unfortunately it’s only a small piece of the total basin that is going to these types coming over to Overton Road. I think there’s a bigger issue there other than the two projects at the Country Club. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Well, on the 90% is that for a 25-year flood or a 50-year flood or what? Mr. Welch: It’s for all of them. Mr. Brigham: For a 500-year flood? Mr. Welch: Up to a hundred. Mr. Brigham: Well, I just thought I’d better make sure I’ve got what I need to know. Mr. Mayor: Not the one that got no up here. Mr. Welch: We can’t do much about that one. Mr. Brigham: Okay, just thought I’d ask. Mr. Mayor: Do we have any further discussion, questions? Yes, ma’am. Ms. Speaker: (inaudible) Mr. Mayor: Yes, ma’am, that’s fine. If you’ll state your name and address for the record. Ms. Speaker: (inaudible) 2246 Overton Road Augusta Georgia in the (inaudible) subdivision. What we’re trying to say is that there is a drainage problem and Phase I the Country Club as already admitted they have to go back to the practice game area and alter the drainage to better drain the practice area which increased the flow from the plans and the data that they submitted to Phase I. And the point being is that this needs to be looked at very carefully so that these properties aren’t damaged from Phase II, which empties into Phase I, which empties into their yards. And so as long as the zoning having been granted Planning and Zoning is allowed to go back and relook at both of those Phase I which was approved and completed and Phase II because they run in together and make sure that everything is in compliance so that these people’s properties don’t get damaged. That’s the bottom line. They don’t want their property damaged and have no recourse after the fact. And whether they’re in compliance and the county drainage lines need to be done. All that needs to be done before the properties are damaged and we’re just asking that be looked at before, let the zoning happen but that has to be looked at carefully before the hardscape of the parking lot be developed. Mr. Mayor: Thank you, ma’am. Commissioner Grantham. 28 Mr. Grantham: Thank you, Mr. Mayor. I’m not an Attorney and I hear what’s being said but I recall on several occasions and I’d like to direct this to our Attorney as well. That if we’re meeting all of our requirements based on engineering based on up to a 100-hundred year flood problems and then there’s still problems of water runoff from one property to another I think that becomes a liability of the original property owner where that water came from. They have diverted that water onto their neighbors and therefore I don’t see how it becomes a government issue. It becomes more of an issue of the neighbors themselves. And that needs to be taken up with them. However we need to do everything we can to avoid that in the beginning. And if we have met those requirements through our government commitment as Mr. Patty has indicated then we don’t know what will happen. We don’t know if we’re going to get a 25-year flood again next week or we’re going to get a 100-year flood next week. But when that does happen it needs to be addressed. In addition to that I think that based on the development of that subdivision that if we looked into it and I further investigated this myself, checking with our engineering department that we may have some storm sewer drainage problems ourselves out there that the pipes may not be big enough to carry this runoff. And that being the case we need to have our engineering department to look into this as well and Dennis you may know about that as well now. So you know I think we’ve got issues that we can continue to deliberate on and talk about and discuss but until we have a happening then I don’t think we’re going to be able to address some of these. Mr. Mayor: Okay. I’ll tell you just for equal time given to everybody I think we have, Madame Attorney, granted --- Ms. Johnson: That was correct. Mr. Mayor: --- due process. Ms. Johnson: Typically the defect runs with the land and there’s special rules for the landowner when the water is flowing downstream. Mr. Mayor: Ms. Beard. Ms. Beard: Mr. Mayor, I believe that we should, I’m going to move that we send this back to Planning and Zoning and let them review every aspect what is taking place there so these citizens can have the assurance they need where this is concerned. We’ve had too many problems to pop up later. We have dealt with situations of this type and we don’t need it now. Now if George can assure us. Mr. Mayor: George, I kind of noticed you got up slow on that one. Mr. Patty: I’ve done this one before. I remember how to handle this one. I can tell you it meets our rules and regulations. I cannot tell you it’s not going to flood this afternoon. But I can tell you it meets the rules and regulations that you all have adopted. Ms. Beard: And he is going I guess through all of the phases and we should not have --- 29 Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: I make a motion we approve. Mr. Jackson: I second it. Mr. Mayor: Okay, do we have any further discussion? Okay, if there’s no further discussion Commissioners will now vote by the usual sign. Mr. Smith: Mr. Mayor? Mr. Mayor: Commissioner Smith. Mr. Smith: What are we approving --- Mr. Mayor: Approving --- Mr. Smith: --- what Mr. Patty said? Mr. Mayor: The Planning Commission’s recommendation. Okay, Commissioners will now vote by the usual sign. Mr. Bowles abstains. Motion carries 8-1. Mr. Mayor: Madam Clerk, I believe we’re to number 44. The Clerk: PUBLIC SAFETY 44. Motion to approve award of a contract with McKnight Construction Co. for construction of the Webster Detention Center Expansion. Mr. Mayor: Commissioner Holland, I believe you had. Mr. Holland: Thank you, Mr. Mayor. I just had a couple of concerns in reference to this agenda item. We have someone from Heery. I don’t see the Sheriff out there anywhere because I spoke with he’s having some dental problems. But do we have someone from Heery just to come up and just explain this agenda item for me please? I know we have some information in the back but --- Mr. Grantham: Do you mean Purchasing? Mr. Mayor: Do we need somebody from Purchasing on that or --- 30 Mr. Holland: Now who put this agenda? Who put this on the agenda? Mr. Mayor: Mr. Russell. Mr. Russell: It comes under our office, sir, basically. What we’ve done as you know we’ve initially put out bids for the detention center several months and all those bids were rejected. We rebid the project, McKnight is the lowest responsible bidder at this particular point in time and it is within budget so we are recommending that you give the bid to McKnight at $27,041,000.00. Mr. Grantham: Motion to approve. Mr. Holland: One other question. Does this go back through Procurement? Mr. Russell: Yes, sir, it did. Mr. Holland: It did? Okay and there’s an extra, wasn’t it an increase to what thirty-two million? Mr. Russell: What we have on the table, sir, is a alternate of $5.2 million dollars, $5.22 million dollars that would allow for an additional pod. We are particularly looking at this at this particular point in time to determine if we can find the funding for that. We are hopeful that we will do that. If we do we’ll bring that back to you as an additional recommendation. But at this point I have not made up my mind that that funding would be available. We’ve had conversations about that. I’m hopeful that within the next two weeks we’ll be able to bring that back to you as a recommendation. There is a need for those female pods, the female beds and we are hopeful that that’ll happen. But at this point I have not determined that that would be something we could fund. But hopefully you’ll hear more from me in the next two weeks. Mr. Holland: Thank you. Mr. Mayor: Okay. We had a motion to approve. That was by Mr. Grantham. Do we have a second on that motion? Mr. Jackson: Second. Mr. Mayor: Okay we have a motion and a second. Do we have any further discussion? Commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Mayor: Madam Attorney. do we have need of a Legal? Mr. Russell: If I can as a point of personal privilege before we move forward. Mr. Rod Powell is with us today. Mr. Powell is our new Personnel Officer and I’d like for him to stand up and receive a welcome from the Commission if at all possible. (APPLAUSE) 31 Mr. Mayor: Welcome aboard. Glad to have you here. Mr. Russell: Thank you, Mr. Mayor. Mr. Mayor: I believe that takes care of all our agenda items. Madam Attorney, Ms. Johnson. Ms. Johnson: Yes, sir. Mr. Mayor: Do we need a Legal meeting? A brief Legal meeting? Ms. Johnson: Very brief regarding Pending Litigation. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate C. Personnel. ADDENDUM 48. Motion to go into a Legal Meeting. Mr. Mayor: Can I get a motion to go into Legal for that purpose. Ms. Beard: So moved. Mr. Johnson: Second. Mr. Russell: I would like to have Real Estate included in that please. Mr. Mayor: Okay we have a motion and a second. Mr. Brigham: Does that motion included Real Estate or not? Mr. Mayor: The motion includes Real Estate. Commissioners will now vote by the usual sign. Mr. Jackson votes No. Motion carries 8-1. [LEGAL MEETING] Mr. Mayor: Okay I’ll go ahead and call the meeting back to order. 49. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. 32 Mr. Mayor: And I would look for a motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Ms. Beard: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Mayor: With no further business to come before the body we stand adjourned. Thanks everybody. [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 November 5, 2008. ______________________________ Clerk of Commission 33