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HomeMy WebLinkAboutCOMMISSION MEETING April 21, 2009 REGULAR MEETING COMMISSION CHAMBER APRIL 21, 2009 Augusta Richmond County Commission convened at 2:00 p.m., April 21, 2009, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Mason, Grantham, Hatney, Beard, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. The invocation was given by the Reverend Alfred McClendon, Associate Pastor, Friendship Baptist Church. The Pledge of Allegiance to the Flag of the United States of Americas was recited. Mr. Mayor: --- to show recognition for something that I made the Commissioners aware of. I’ve handed it out to the press. I just wanted to announce to everybody that hot off the th presses today in Relocate America on their 12 annual 100-places to live in the United States of America, Augusta Georgia made that list today. So we’re one of the top 100 places to live. I think our city deserves a round of applause. (APPLAUSE) And we’re on the list as not mid-size cities but we’re up there with Chicago, Seattle all the big boys too. So I just wanted to make y’all aware of that. But with that now that Commissioner Grantham is here I’ll go ahead --- Mr. Grantham: Thank you very much. Mr. Mayor: I wanted you to be able to hear that, man. I’ll call the meeting order and I’d like to call on Reverend Alfred McClendon, Associate Pastor of Friendship Baptist Church for our invocation. Could you please stand. (Invocation given by Pastor McClendon). Mr. Mayor: And, Pastor, if you could come back up here I have something special for you. Thank you for that wonderful prayer. By these present be it known that Rev. Alfred McClendon, Associate Pastor, Friendship Baptist Church is Chaplain of the Day for his civic and spiritual guidance demonstrated throughout the community. Serves as an example for all of the st faith community. Given under my hand this 21 Day of April 2009. Thank you so much. (APPLAUSE) Madam Clerk, on to the recognitions. RECOGNITIONS(S) Georgia Association of Floodplain Management A. Congratulations! Terri Turner 2009 Outstanding Floodplain Manager for the State of Georgia. The Clerk: Yes, sir, Mr. Mayor, members of the Commission. At this time we would like to recognize Ms. Terri Turner from our Planning Department. Congratulations Terri on 1 being named the 2009 Outstanding Floodplain Manager for the State of Georgia. At this time we would like someone from the Association, Terri would you please join the Mayor. George Patty would you like to come up? Mr. Russell, do you want to? Mr. Russell: Mr. Mayor, if I may we’ve got Mr. Absher here with us who is the Chair of the Awards Nomination Review Committee, the Georgia Floodplain Management Association. He has a presentation to give to Terri and once again it’s a privilege to honor our employees as they continue to make our name well known throughout the state through their outstanding work and dedication. Mr. Absher: Good afternoon. Thank you for allowing me to address you today as a representative of the Georgia Association of Floodplain Management or GAFM as we call it. My name is Charles Absher I am a registered civil engineer in the State of Georgia and I’m also a member of GAFM. I have just completed a term as the Metro Atlanta Regional Representative of the GAFM Board of Directors and I’m serving as the Awards Nominations Review th Committee Chair. GAFM is celebrating the 4 year of existence here in the State of Georgia. GAFM is a state chapter of the Association of State Floodplain Mangers. We are an organization of professionals involved in floodplain management, flood hazard mitigation, the National Flood Insurance Program and flood preparedness, warning and recovery. Our mission is to promote education, policies and activities that mitigate current and future losses, costs and human suffering caused by flooding. Membership in GAFM is open to all professionals, public and private entities, students and citizens interested in or involved in floodplain watersheds, storm water, wetlands and hazard mitigation management. Our charge also includes recognizing outstanding floodplain management efforts across the State of Georgia both individual and programmatic and that is why I am here today. Ms. Terri L. Turner, the Assistant Zoning and Development Administrator for Augusta-Richmond County, was recognized at our 2009 Annual Conference in February as an outstanding floodplain manager. This award recognizes the individual efforts of an outstanding floodplain manager in the State of Georgia. Those so recognized have demonstrated outstanding leadership in local floodplain management issues. Ms. Turner more than meets these criteria. She has been an integral part of the floodplain management effort in the Augusta-Richmond County community as evidenced by the supporting documentation we received with her nomination. Ms. Turner has shown excellent skills and expertise in serving as the Augusta-Richmond County Floodplain Manager. She has improved the flood damage prevention ordinance as designed and implemented Augusta’s Flood By-Out Program. Her role in the adoption of the flood damage prevention ordinance has had a positive influence on the citizens of Augusta-Richmond County. They have also benefited greatly from her tireless efforts on their behalf in dealing with flood-damaged property. Ms. Turner’s drive and desire can be summed up in one word, relentless. There are very few people with Ms Turner’s dedication to sound floodplain management and the willingness to support the cause of protecting life and property from flooding. Therefore it gives me great pleasure to recognize Ms. Terri L. Turner with GAFM’S award as an outstanding floodplain manager. (APPLAUSE) Ms. Turner: Thank you very much. It’s an honor and privilege to serve the citizens of the great city of Augusta as your floodplain manager. Thank you. (APPLAUSE) 2 Mr. Mayor: And I’ll just say working on the Green Space Program for four years prior to becoming Mayor and having had the opportunity to work with Terri and George. She is relentless and this is well deserved. So congratulations again. (APPLAUSE) Madam Clerk, on to the delegations. The Clerk: DELEGATIONS B. Mr. Larry Fryer. RE: Request to erect a statue of Dr. Martin Luther King, Jr. at the corner of James Brown Blvd. and Walton Way and name the site Martin L. King, Jr. Scenic Community Park. Mr. Fryer: Mr. Mayor and Commissioners and all of those who are present today. I have with me Mrs. Ayeisha Everett, Mrs. Lisa Jackson Bingham our Secretary and Ms. LaDonna Bates, one of our members. There are other members who could not be here today. I thank those of you who I have talked with and we solicit your support. Mr. Mayor, Commissioners and other city officials and those present the Martin Luther King, Jr. Committee presented to this body some five years ago a request to erect a statue of the Rev. Dr. Martin Luther King, Jr. Since that time we’re asking for this whole project to be the Martin Luther King. Jr. Memorial Park. It is to be dedicated to all civil rights champions in Augusta and beyond. The Mayor has given us his loyal and dedicated support to see this project through. We have already received $3,000 and the first person who gave to this project was our Sheriff, Sheriff Ronny Strength in the amount of $1,000. Our vision is to have the park across the street from the Judicial Center, which is now under construction. Although we are aware from our City Administrator and many of you what is going on with that property at this time but we are reminding you this is our vision. This park will have Dr. King as a symbol of justice and equality. But again it is dedicated to all who have contributed to humanity. It will be an inspiration to our youth and generations to come. Our students will take part in raising funding of which I have already spoken with Dr. Dana Bedden. This will also be a bigger of overcoming obstacles and a testimony to hope and to service. We feel that this is a great mission a great cause and something that our children and grandchildren will certainly be inspired by. We do want you to know that the John Deere Corporation is already looking to give its support to this cause. Thank you so very much. Mr. Mayor: Thank you. Do we have any questions or, Mayor Pro Tem. Mr. Mason: Thank you, Mr. Mayor. Reverend Fryer, we certainly do appreciate your efforts in spearheading this project. But is there a particular or specific request that you’re asking of this body right now, at this particular time? Mr. Fryer: The particular request that we only ask of this body is help us in getting the land for the site and we know what is happening with that across the street. We’re not asking for any monies from the city at all. Our contributions will come through private donors. 3 Mr. Mason: Mr. Mayor I think that we’ll task our City Administrator to handle that area Motion to receive as in that portion. I think that would be most appropriate at this point. information. Mr. Hatney: Second. Mr. Mayor: We have a motion and a second to receive it as information. Commissioner Johnson. Mr. Johnson: Yes, thank you, Mr. Mayor. Mr. Fryer, I have talked with you prior to this engagement and I do support it. Do ya’ll have any plans at this time to show what the proposed site would look like? Mr. Fryer: Thank you, Mr. Johnson. We did give to the Zoning Department the plans. At that particular time they were placed on file and I think maybe Zoning may have it or the City Administrator may have it. But we do have some plans of what it should look like and since that time we tried to extend our vision to make it inclusive that that would be a memorial park where people can come if they’re coming out of the judicial system of whatever. They can come, sit down and talk whatever the case may be on that particular site. Those should be the things that we are going to add to it, Mr. Commissioner. Mr. Johnson: Okay, good deal. Thank you, Mr. Mayor. Mr. Mayor: Okay and just to know. You still have my commitment to the project. And with that Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Thank y’all so much. Mr. Fryer: Thank you all so very much. We appreciate your support. DELEGATIONS C. Mr. Thom Steele. RE: Lack of police patrols on McNutt Way due to residents residing on a dirt road. Mr. Mayor: Okay, Madam Clerk, I believe the next delegation has requested to be removed. The Clerk: Yes, sir. Mr. Steele notified the office that his problem has been addressed since the item was placed on the agenda so he asked that that item be removed. Mr. Mayor: Shall we move on to the consent agenda? Mr. Holland: Mr. Mayor? 4 Mr. Mayor: Yes, sir, Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. Before we move to the consent agenda may I have a moment of personal privilege, please? Mr. Mayor: Mm-mm. Mr. Holland: Thank you very much. Mr. Mayor, I’d like to take this time and take this opportunity to make a special commendation to some people. A couple weeks ago you know we had a very serious tornado to hit the City of Augusta. And during that time we had people to go out and work to work with the people that were devastated in those areas. And as Chairman of the Public Safety Committee I want to take this opportunity to commend first of all our City Administrator who called me and made me aware of what was going on at that particular time. Then of course I’d like to commend our Mayor Pro Tem Commissioner Mason who was on duty most of the time along with myself. I would also like to commend our fire chief, the public Red Cross, the Procurement Department, those ladies were there all day Saturday, and all Sunday working with those persons who needed to get insurance, who needed some places to live. And I’d like to commend Sheriff Strength also. We were in communications with Sheriff Strength at that time who had his men out working to make sure that nothing happened to those people. And we did have some looting to start but that was taken care of afterwards. But my concern is the fact that I know now that because we have a fire chief we still Mr. Mayor and Commissioners something that we need to discuss in reference to a person with the Emergency Management Department. We need two different persons working in those areas because one person cannot handle all of that. So as a Commissioner with public safety and all those persons on the public safety committee I’m hoping that we will get together and sit down and discuss getting a person to apply for the emergency management position. I’m very much concerned about the fact that we have so many hard working young ladies in our department who are very intelligent who do a very, very good job from our Procurement Department and the other departments. And this concerns me because we have so many trivial lawsuits, outlandish accusations coming with these people and they do such a wonderful job working for this government. So I’m hoping that this government will continue to take pride in what all of these ladies are going. They do an outstanding job, took time away from their Easter, from their families to work and it was a very devastated situation if you have not seen it. You may ride through some of those areas and see those areas and these people were lost with home, clothing and food and we were out there trying to provide and these people were out there providing for them and they should be commended. Thank you, Mr. Mayor. Mr. Mayor: Thank you, Commissioner Holland. And I appreciate you recognizing those folks. Madam Clerk, the consent agenda. The Clerk: Yes, sir. Our consent agenda consists of items 1-37, items 1-37. For the benefit of any objectors to our Planning petitions when the petitions are read if there are any objectors would you please signify your objection by raising your hand. 5 Item 1. Is for a Special Exception for a Family Care Home on property located at 1962 Neptune Drive. Item 2. Is for a change of zoning with conditions. Zone A (Agriculture) affecting property located on the north of Elm Avenue and Flowing Wells Road. Item 3. Is for a change of zoning from a Zone R-3B (Multiple Family Residential) with conditions to a Zone A (Agriculture) affecting property on the southwest of Wheeler Road. Item 4. Is a change of zoning from a B-1 (Neighborhood Business) to a Zone B-2 (General Business) affecting property at 3090 Deans Bridge 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 the alcohol petitions, once they are read would you please signify your objection by raising your hand. Item 6. Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with Palmetto Hospitality DBA Sheraton Augusta Hotel located at 1069 Stevens Creek Road. Item 7. Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with Club Pure located at 813 Broad Street. Item 8. Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with Augusta Peach Restaurant & Lounge located at 1082 Bertram Rd. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Our consent agenda consists of items 1-37. Mr. Mayor: Thank you, ma’am, and do we have any additions to the consent agenda? Commissioner Brigham. Mr. Brigham: Mr. Mayor, after talking with Ms. Williams in the Finance Department and being reassured that we have nobody other than the DA’s office that would be in a situation where we would contribute to furloughs for state employees I feel like that this is a, since it’s already in the general fund and all we’re doing is reallocating use of the funds I think we can add that to consent. Mr. Mayor: That’s agenda item 43? Mr. Brigham: Yes, sir. Mr. Mayor: Okay. Commissioner Hatney. 6 Mr. Hatney: Mr. Mayor, if my colleagues have no problem with this I’d like to consent items 41 and 42. Mr. Mayor: Forty-one and forty-two? Thank you, sir. Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. Just to comment on item #42 from Mr. Brigham is that I’m --- Mr. Mayor: That was 43. Mr. Grantham: --- forty-three, I’m sorry that we are looking at this as a temporary funding and that it would not be figured into a future budget since it is state funding supported as well as local funding. And so I would think that would be in order that we do the furlough funding right now but it not be figured in our budget in the future unless requested by our DA. Mr. Mayor: Commissioner Brigham, is that what you --- Mr. Brigham: Mr. Mayor, from what I understood it was money that was already in the budget that we have saved on a contract that we’re just reallocating. It’s not any new funding or anything else. It’s a realignment of existing funding --- Mr. Mayor: Okay, Commissioner --- Mr. Brigham: --- and I don’t think anybody’s wanting to request any new funding for this. Mr. Mayor: You’ve got heads nodding down here so I think we’re good on that. Mr. Brigham: That was my understanding and that’s the only reason why I was agreeable to it. Mr. Mayor: Okay, thank you, sir. Any further additions to the consent agenda? Commissioner Bowles. Mr. Bowles: Item 45. Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: I’d like to add the item on the addition for the rule of Transportation Grant Application. I believe this is something that we would be in favor of. Mr. Hatney: What number is that? Mr. Brigham: That’s add and approve. 7 Mr. Mayor: That’s agenda addition number one. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. Can we add item #36, 46 and 47 if no one has any --- The Clerk: It’s on there Mr. --- Mr. Holland: It’s on there? The Clerk: It’s on there, yes, sir. Mr. Grantham: Thirty-six is. Mr. Mason: Yes, thirty-six is. The Clerk: Yes, sir, they’re on the consent agenda. Mr. Mayor: Okay, 46 and 47? Mr. Bowles: I’ve got a question of 47. Mr. Mayor: Okay. Mr. Grantham: Mr. Mayor, I don’t think we need 46. It’s not that we’re opposed to it but there are three recommendations and we need to select one. Mr. Holland: Okay. Mr. Grantham: That’s the only reason for that. Mr. Holland: Okay. Mr. Mayor: Do you want to ask that question on 47 Commissioner Bowles before we add it to --- Mr. Bowles: Considering that there’s an amendment to the redevelopment plan it’d be nice if I could see the plan and what the amendment is before I vote on it. Ms. Johnson: There’s not a vote on the plan today it’s just notification of the schedule to adopt the plan. We won’t vote until after the public hearing and the notices in the newspapers. It’s just letting you know what the schedule is which has been submitted to you. Once correction th needs to be made the date of the public hearing will not be the 27 due to a Commission conference with ACCG. So please note for your records that the public hearing will be April the th 29. That’s a committee day at 12 noon. It’ll start before our committee meetings. 8 Mr. Mayor: Okay, so is everybody good with that adding it to the consent now? Commissioner Mason, Mr. Mayor Pro Tem. Mr. Mason: I just want to make sure that I’m clear on 47 because it says discuss and approve. So that almost sounds like a vote to me. So I just want to make sure that I’m clear that that’s not what that, just approving the schedule. Mr. Mayor: Just the schedule. Mr. Mason: That’s okay. Mr. Brigham: As amended. The Clerk: As amended, yes, sir. Mr. Mayor: Okay, do we have any further --- The Clerk: Mr. Bowles, are you still --- Mr. Bowles: Yes, ma’am, I’m fine. The Clerk: You’re okay with that, added to the consent agenda? Mr. Mayor: Yes. The Clerk: Okay. Mr. Hatney: With the addition. Mr. Mayor: With the correction made by Ms. Johnson. Okay, do we have any further additions to the consent agenda? Mr. Mason: I don’t think there’s anything else. Mr. Mayor: Okay, do we have any items to be pulled for discussion? Commissioner Brigham. Mr. Brigham: Mr. Mayor, I think we need to pull item #25. Mr. Mayor: Any further items to be pulled for discussion. Okay, I would, Madam Clerk, if you could read back just not that we can’t see them but items that have been added to consent and pulled for discussion. The Clerk: Our consent agenda consists of items 1-37 with the addition of items 43, 41 42, 45, 47 and number one on our addendum agenda --- 9 Mr. Mayor: Okay, I look for a motion --- The Clerk: --- with item #25 pulled for further discussion. Mr. Mayor: I look for a motion to approve the consent agenda. Mr. Grantham: So moved. Mr. Jackson: Second. CONSENT AGENDA PLANNING 1. Z-09-12 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Joseph Shanks, on behalf of Tony Dowdy, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .26 acres and is known as 1962 Neptune Drive. (Tax Map 122-4-202-00-0) DISTRICT 6 2. Z-09-14 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the following conditions 1) the only development other than uses allowed in the A (Agriculture) zone is to be a luxury apartment or condominium complex; 2) if the clients of the petitioner do not close on the property within one year of zoning approval, than the zoning classification shall revert to Zone A (Agriculture); and 3) the development shall meet or exceed the requirements of the Augusta-Richmond County Tree Ordinance and contain all amenities expected of a luxury apartment complex in this area; a petition by Flournoy Development, on behalf of MEM Real Estate LLC, requesting a modification of conditions on a 2008 rezoning case (Z-08-46) affecting property located on the northeast right-of-way line of Flowing Wells Road, 147 feet, more or less, north of Elm Avenue and containing approximately 34 acres. (Part of Tax Map 029-0-045-00-0) DISTRICT 3 3. Z-09-15 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Flournoy Development, on behalf of MEM Real Estate LLC, a requesting a change of zoning from Zone R-3B (Multiple Family Residential) with conditions to Zone A (Agriculture) affecting described below: Tract A – located on the northeast right-of-way line of Flowing Wells Road, 1,293 feet, more or less, north of Elm Avenue containing approximately 27 acres. (Part of Tax Map 029-0-045-00-0) DISTRICT 3 Tract B – located on the southwest right-of-way line of Interstate Parkway 1,673 feet, more or less, southwest of Wheeler Road containing approximately 11 acres. (Part of Tax Map 029-0-045-00-0) DISTRICT 3 4. Z-09-17 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that there not be more than 6 vehicles for sale on the property at any one time; a petition by William F. Franke III, on behalf of Wilma Clifford, requesting a change of zoning from Zone B-21 (Neighborhood Business) affecting property containing .49 acres and known as 3090 Deans Bridge Road. (Tax Map 096-2-185- 00-0) DISTRICT 6 10 PUBLIC SERVICES 5. Motion to approve selection of W.K. Dickson as airport consultant. (Approved by Public Services Committee April 13, 2009) 6. Motion to approve New Application: A.N. –09-74: request by Harenderjit Singh for an on premise consumption Liquor, Beer & Wine license to be used in connection with Palmetto Hospitality DBA Sheraton Augusta Hotel located at 1069 Stevens Creek Rd. There will be Dance. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee April 13, 2009) 7. Motion to approve New Ownership: A.N. –09-75: request by Antonio Harden for an on premise consumption Liquor, Beer & Wine license to be used in connection with Club Pure located at 813 Broad St. There will be Dance. District 1. District 9. (Approved by Public Services Committee April 13, 2009) 8. Motion to approve New Ownership: A.N. 09-76: request by Keenjee Alvarado for an on premise consumption Liquor, Beer & Wine license to be used in connection with Augusta Peach Restaurant & Lounge located at 1082 Bertram Rd. There will be Dance. District 7. Super District 10. (Approved by Public Services Committee April 13, 2009) 9. Motion to approve forfeiture of Surety Bond for Mr. Monroe Anderson, d/b/a Professional Unlimited. (Approved by Public Services Committee April 13, 2009) 10. Motion to accept two Tourism Grants from Augusta Convention and Visitors Bureau and to approve a budget amendment accordingly. (Approved by Public Services Committee April 13, 2009) ADMINISTRATIVE SERVICES 11. Motion to approve the reprogramming of $82,108.62 in Community Development Block Grant (CDBG) Funds, $130,838.62 in HOME funds and $20,000 in Emergency Shelter Grant (EDG) Funds. (Approved by Administrative Services Committee March 9, 2009) 12. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the Turpin Hill Neighborhood: 1608 Luckey Street, 1732 Luckey Street, 1598 ½ Lee Beard Way, (District 2, Super District 9); May Park Neighborhood: 26 Taylor Street, 28 Taylor Street, (District 1, Super District 9); Laney- Walker Neighborhood: 1253 Pine Street, 1235 Pine Street, (District 1, Super District 9); South Augusta Neighborhood: 2149 Veterans Drive, (District 5, Super District 9); AND ND WAIVE 2 READING (Approved by Administrative Services Committee April 13, 2009) 13. Motion to authorize Augusta Utilities to add eight new positions to serve Fort Gordon and increasing customer demands. (Approved by Administrative and Engineering Services Committee April 13, 2009) FINANCE 14. Motion to approve the replacement of 1 work detail van for Solid Waste Department. (Approved by Finance Committee April 13, 2009) 15. Motion to approve the replacement of 1 utility body, crew truck for the Utilities Department-Construction and Maintenance Division. (Approved by Finance Committee April 13, 2009) 16. Motion to approve the purchase of 1 compact pickup truck and 2 full size pickup trucks for the Utilities Department-Construction & Maintenance Division and Fort Gordon. (Approved by Finance Committee April 13, 2009) 11 17. Motion to approve the purchase of 1 forklift for the Utilities Department- Administration Division. (Approved by Finance Committee April 13, 2009) 18. Motion to approve the purchase of 1 small tractor with front end loader for the Utilities Department-Raw Water Pumping Station. (Approved by Finance Committee April 21, 2009) 19. Motion to approve/ratify authorization letter for the purchase of Open Top Roll-Off Containers and Flatbed Roll-off from the lowest compliant bidder, Lewis Steel Works, for the Solid Waste Department. (Approved by Finance Committee April 13, 2009) 20. Motion to approve a request from the Salvation Army to purchase City properties. (Approved by Finance Committee April 13, 2009) 21. Motion to approve abatement of all County Ad Valorem Taxes on Land Bank owned property. (Approved by Finance Committee April 13, 2009) ENGINEERING SERVICES 22. Motion to approve Amendment No. 13 (Year 2009 Agreement Modifications) to Agreement with OMI for a 2009 Budget cost of $7,513,768.80 and Reconciliation of 2008 Operating Costs. (funded by Account No. 506043310-5211110) (Approved by Engineering Services Committee March 23, 2009 – postponed from April 1 Commission meeting) 23. Motion to approve Georgia Power Company easement #10879 for a distribution line on the J.B. Messerly WWTP property. (Approved by Engineering Services Committee April 13, 2009) 24. Motion to authorize condemnation to acquire title of a portion of property for right of way, permanent easement and temporary driveway easement for the Alexander Drive Project, (Parcel 31, tax map 013-1, parcel 002-03) 1040 Alexander Drive. (Approved by Engineering Services Committee April 13, 2009) 26. Motion to amend the agreement with Turner and Associates, Architects and Planners, to add the signage and graphics package to their scope of work for designing the Judicial Center in the amount of $39,270. (Approved by Engineering Services Committee April 13, 2009) 27. Motion to approve the deeds of dedication, maintenance agreement, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Manchester Subdivision, Section One, Phase One. (Approved by Engineering Services Committee April 13, 2009) 28. Motion to approve the deeds of dedication, maintenance agreement, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Manchester Subdivision, Section One, Phase Two. (Approved by Engineering Services Committee April 13, 2009) 29. Motion to approve an ordinance to amend Augusta-Richmond County, Ga. Code, Section 5-2-45 to clarify multi-family dwelling water and sewer rates; to repeal all ordinances and parts of ordinance in conflict herewith; and for other purposes. (Approved by Engineering Services Committee April 13, 2009) 30. Motion to approve the deeds of dedication, maintenance agreement, and road resolution submitted by the Engineering and Augusta Utilities Departments for Pinehurst Subdivision, Section Six, Phase 3. (Approved by Engineering Services Committee April 13, 2009) 12 31. Motion to approve the deed of dedication and road resolutions submitted by the Engineering Department for Pinehurst, Section Six, Phase 2. (Approved by Engineering Services Committee April 13, 2009) 32. Motion to deny a request by Ms. Rhodia Bradley regarding exemption from garbage pickup charges for property located at 1804 Second Avenue and task attorney to review ordinance for possible changes under like circumstances. (Approved by Engineering Services Committee April 13, 2009) 33. Motion to approve an Ordinance to amend Augusta-Richmond County, Ga. Code, Sections 5-2-45(b) to clarify and amend the monthly residential sewer rates; to repeal all ordinances and parts of ordinances in conflict herewith; to provide an effective date; and for other purposes. (Approved by Engineering Services Committee April 13, 2009) 34. Motion to authorize the Engineering Department to approve Capital Project Budget Change Number Nine and Supplemental Agreement Eight with PBS & J in the amount of $160,179 for the redesign of the intersection of Barton Chapel Road and prepare for the GDOT mandated Value Engineering process as part of the improvements to Wrightsboro Road from Jimmie Dyess Parkway to I-520, ARC# 323-04-296823309. Funds will be transferred from the project Right of Way Account to the project Engineering Account. (Approved by Engineering Services Committee April 13, 2009) PETITIONS AND COMMUNICATIONS 35. Motion to approve the minutes of the regular meeting of the Commission held on April 1, 2009) APPOINTMENT(S) 36. Motion to approve the appointment of Ms. Lisa Coleman to the Citizens Small Business Advisory Board representing District 6. 37. Motion to approve the appointment of Alfred L. Cain to the Augusta Aviation Commission due to the resignation of Venus Cain representing District 4. ADMINISTRATIVE SERVICES 41. Consider Resolution for City’s support of the Augusta Housing Authority and Walton Communities, LLC, Application for Low Income Housing Tax Credits for Underwood Homes Redevelopment Phase I (Family). (No recommendations from Administrative Services Committee April 13, 2009) 42. Consider Resolution for City’s support of the Augusta Housing Authority and Walton Communities, LLC, Application for Low Income Housing Tax Credits for Underwood Homes Redevelopment Senior. (No recommendation from Administrative Services Committee April 13, 2009) FINANCE 43. Approve payments to state employees in District Attorney’s office to replace wages lost due to State furloughs. (No recommendation from Finance Committee April 13, 2009) 13 PETITIONS AND COMMUNICATIONS 45. Motion to approve a request from Augusta Partnership for Children, Inc. to be the direct recipient of the Governor’s Office for Children and Families grant funds for Caring Communities: A System of Care Approach. ATTORNEY 47. Discuss/approve schedule for adoption of 2009 Amended Redevelopment Plan and Amended TAD Resolution for Augusta Tax Allocation District. ADDENDUM 50. Motion to approve the Sec. 5311 Rural Transit grant application between the Georgia Department of Transportation (GDOT) and Augusta, Georgia using American Recovery & Reinvestment ACT (ARRA) funds. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Hatney abstains. Motion carries 9-1. [Items 6-8] Motion carries 10-0. [Items 1-5, 9-24, 26-37, 41-43, 45, 47, Addendum item #1] The Clerk: It’s unanimous. Mr. Mayor: Magnanimous. And let’s go to the pulled item first, Madam Clerk. The Clerk: ENGINEERING SERVICES 25. Motion to approve a Professional Services Agreement with the consulting firm McKim & Creed for the Evaluation of Alternatives for Operations of Water Pollution Control Facilities and Programs. (Approved by Engineering Services Committee April 13, 2009) Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, my big concern about this item is that it is a sole source and I would like that it have to be reassured is to why it is sole source and whether or not there is an opportunity to ask for other people to participate in this or why is there not an opportunity for people to participate in this discussion as to why and how we should operate the waste water treatment plant. Mr. Saxon: Commissioner this is, this item came up rather quickly that we needed to get this done. If we’re going to make a change in our approach we need to know that by mid summer so that we can have time to make a transition and a plan for that transition. And that’s what this is going to do. The really, there’s really not a lot of time to do an RFQ on this one and 14 I believe Mr. Goins talked with the Procurement Department and explained to them our situation when we made the selection. Mr. Brigham: Mr. Mayor, has this firm done work for us in the past? Mr. Saxon: They are doing some work for us now as part of our training programs. Mr. Brigham: Are they working for anybody other than Utilities in this government? Mr. Saxon: Not that I’m aware of, no. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Mr. Mayor, my concern on this is that we’re about to make a monumental decision here by hiring somebody to determine whether or not we keep it run by professionals or bring it back in house by our own employees without a permanent director in position. I’d like to know what the status is of finding a permanent director for the Utilities Department. Mr. Mayor: Mr. Russell. Mr. Russell: We’ve advertised that position. We’ve currently looked at several groups of advertisements or several groups of applicants that have applied. At this point I’m not ready to make a recommendation based on several issues that are ongoing one of which is our desire to make some decisions as far as moving forward with the program. I’ve been working closely to help monitor that. It’s been a portion of my time, a large portion of my time in the Utilities area. Until we get that decision made I’m not too sure I’ve had the opportunity to bring somebody forward so I’d be comfortable either transitioning to or recommending. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. In our Engineering Committee meeting last week I raised a question about going out and finding additional people. And the answer was that since this is a professional job that is to be done that it was not necessary to seek and RFP on this. And so you know I want to know if that’s the case who makes the decision on who we get and when we get them and why we get them. Mr. Mayor: Mr. Russell. Mr. Russell: Obviously you ultimately make the decision. What you’re looking at is the staff recommendation based on several things that we have to look at. One of which is the timing issue, one of which is the availability to go out and do and RFQ and one of which is the nature of the services that are provided. What we’ve done is that due diligence in this particular case and are coming to you as a recommendation of this firm and our estimation needs to be the one to do this. You’re the ones that make the ultimate decision either up or down based on our recommendation. 15 Mr. Grantham: That’s what I wanted to hear. Thank you. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Russell, was any other firm besides this firm interviewed for this task? Mr. Russell: The staff has done that and I’m not sure. This is the recommendation they brought to me. After looking at that I concur with the recommendation. Mr. Brigham: I understand that but I just wanted to know. Mr. Russell: I do not know. Mr. Speaker: We thought of some other firms but we didn’t interview other firms. We chose a firm that we were familiar with, that we knew what their capabilities were. Mr. Brigham: Thank you. Mr. Mayor: Commissioner Smith: Mr. Smith: Thank you, Mr. Mayor. This is a very timely thing that we need to do and this firm is highly qualified. And I’m going to make a motion that we approve it. Mr. Mason: If we can a second, Don. Mr. Grantham: I’m going to second it. Mr. Mayor: There’s a motion and a second. Ms. Johnson. Ms. Johnson: I just want to be clear for the record the reasons why we’re articulating. There’s a difference between professional services, sole source and emergency procurement. We’ve talked about all three of those today. This is an agenda item for professional services contract and as long as that’s clear and articulated and that’s what the vote is on I’m comfortable going forward. This is not a sole source procurement. Mr. Mayor: And, Mr. Smith, would your motion reflect the Attorney’s input on it? Okay, for that purpose. Okay we have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Bowles, Mr. Mason, Mr. Brigham and Mr. Jackson vote No. Mr. Holland abstains. Motion fails 5-4-1. Mr. Mayor: I guess no action taken. All righty, Madam Clerk, next agenda item in the regular agenda. 16 The Clerk: PLANNING 38. Z-09-10 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Eddie Brackins requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-MH (Manufactured Home Residential) affecting property approximately 0.65 acres and is known as 2310 New McDuffie Road. (Tax Map 068-0-063-00-0). DISTRICT 5 Mr. Mayor: Mr. Patty. Mr. Patty: Mr. Mayor, this is a request to place a mobile home in an area where there are already a substantial number of mobile homes. We did have an objector and it’s been our policy to place these on the regular agenda when that happens. I don’t think that objector is present today so I would recommend that you approve this request. Mr. Holland: Motion to approve. 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. Motion carries 10-0. Mr. Mayor: I believe you’re going to be back up, George. The Clerk: PLANNING 39. Z-09-13 – A request for concurrence with the Augusta-Richmond County Planning Commission to deny a petition by Joe Rabun, on behalf of Henry William Cameron Jr., requesting a change of zoning from Zone A (Agriculture) to Zone HI (Heavy Industry) with a Special Exception to establish an All Terrain Vehicle (ATV) recreation area per Section 24-2-(a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 14.7 acres and is known under the present numbering system as 3020 Old McDuffie Road. (Tax Map 083 Parcel 107-01) DISTRICT 5 Mr. Patty: This is an existing mulching operation done by Special Exception in an agricultural zone. The applicant wants to be able to use it to allow folks with all terrain vehicles and dirt bikes and that sort of thing to use his property when the mulching is not being operated. We had objectors from the school board because it backs up to the Glenn Hills Middle School and also from the adjoining church. They’re very much opposed to it because of the noise and the liability issues and attractive nuisance qualities that it would have. Staff and Planning Commission recommends it be denied. 17 Mr. Holland: Motion to deny. Mr. Hatney: Second. Mr. Mayor: We have a motion and second. Is there any further discussion? Commissioners will now vote by the usual sign. Excuse me, hold on. Mr. Russell: Is the petitioner in the room? He’s not here? Mr. Mayor: Okay, the petitioner’s not here. Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: And, Mr. Patty, one more time I think. The Clerk: PLANNING 40. Z-08-73 – A request for concurrence with the Augusta-Richmond Planning Commission to deny a petition by Michael Peeples, on behalf of Taurus Holdings LLC, requesting a change of zoning from Zone R-3B (Multiple-family Residential) to Zone P-1 (Professional) affecting property containing .13 acres and is known as 136 Broad Street. (Tax Map 047-2- 224-00-0) DISTRICT 1 (No action vote by Commission in meeting held October 21, 2008) Mr. Patty: This is a request. This is a residential property. The applicant bought the property, renovated it and wants to use it as a professional office building. It does not conform to the plan for Ole Towne or (unintelligible) in that the boundary for non-residential zoning is either, it’s I believe it’s Third Street and there is one spot zone in the immediate area that goes back to a court decision in the 1980’s but we think it would be a huge mistake given the precarious nature of Olde Towne right now to start doing spot zoning within Olde Towne. And we recommend that you deny it and I’m pretty sure there are objectors here to voice that opinion also. Mr. Mayor: Okay. Mr. Hatney : Move for approval. : You mean move to deny? Mr. Mayor Hang on. The Clerk: Let’s get a count first. Mr. Mayor: Can we get a count of objectors? Mr. Russell: Anybody else? 18 Mr. Speaker: We don’t want (inaudible) Mr. Russell: That’s what it means. (4 objectors noted) Mr. Mayor: Okay, we have a motion to deny and a second. Correct? The Clerk: I didn’t get it. Let me display the motion and his second. Okay, thank you, Mr. Jackson. Mr. Mayor: Just to do due process, is the petitioner here? Okay. I’d like to be able to hear from the petitioner. Mr. Speaker: Hi, my name is Michael Peeples. I live at 1427 Hickman Road. I’m here to request the rezoning of the property located at 136 Broad. The property is located at the corner of Broad and Second across from Ms. Paschall’s attorney’s office which, is also zoned P- 1. Before we even started construction we were told by the Planning and Zoning to go to the Olde Towne Homeowners Association, which we did. We met with Burke Ayres, got unanimous support from the association at the time. And we, well according to Mr. Ayres we had been given approval from the Olde Towne Homeowners Association. That was the whole premise for us even going forward. The way the building’s set up it’s got two doors right next to each other. One for the main level, one that goes upstairs. Really the only use, it wouldn’t, it’s either going to be a residential rental or professional rental. Mr. Ayres’ philosophy or thinking was it would be acceptable with him and the association, the Ole Towne Association because it would be a good place for a buffer from the East Boundary area into the normal residential area. And the last time, one other thing real quick. The last time we were here I think the issue that came up was the fact that we hadn’t received our Certificate of Appropriateness at the time, which we have since received. Mr. Mayor: Okay, thank you, sir. Do we have any questions? Commissioner Grantham. Mr. Grantham: Mr. Mayor, does Mr. Peeples have a letter or any kind of verification from the neighborhood association that indicates if approval or the --- Mr. Peeples: I was unable to get a hold of (inaudible). He did attend the meeting the last st meeting on October 21 and did voice his approval. Mr. Grantham: Well, you know, I can understand that but we have to look at the whole body when we’re dealing in zoning or rezoning issues that are involved. And unless we either have a group of people in here and I understand that there are four or five objecting. That does not persuade me but neither do you from the fact you’re just saying that someone else said thusly. So it’s hard for me to make a decision --- Mr. Peeples: I understand that. 19 Mr. Grantham: --- in that regard. Mr. Peeples: Well, I had submitted an application to get back on the agenda and um, called yesterday afternoon to find out when we would be put back on the agenda. And I found out it was today so I was kind of pressed for time to make the proper, you know, calls and uh --- Mr. Grantham: Mr. Mayor, if I can continue. I hope you understand you leave us with no choice today either due to the time restraint that we’re under. Mr. Peeples: Yes, sir. Mr. Grantham: Thank you. Mr. Mayor: Okay. If there’s no further discussion Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Hatney: Madam Clerk? The Clerk: Yes, sir. Mr. Hatney: I abstain on alcohol, please. The Clerk: For the record Commissioner Hatney is abstaining on the alcohol petitions. Mr. Mayor: And has been abstaining on alcohol for quite some time now. Mr. Hatney: So I’ve been told. The Clerk: Amen. Mr. Mayor: Madam Clerk, next agenda item, please. The Clerk: FINANCE 44. Consider a request from Historic Augusta, Inc. regarding city sponsorship through the purchase of tickets for the 2009 Cotton Ball. (No recommendation from Finance Committee April 13, 2009) Mr. Mayor: What’s your pleasure, Ladies and Gentlemen? Mr. Grantham: How much are they, Lena? The Clerk: How much are the tickets? 20 Mr. Grantham: Yeah. The Clerk: They’re about a $100.00 each. Mr. Speaker: Free if you’re a member. Mr. Grantham: I understand that one. The Clerk: I think they’re $100.00 each. Fifty, fifty each? Okay, $50.00 each. Mr. Mayor: It’s tonight? Well. What’s your pleasure, Ladies and Gentlemen? Ms. Beard: Move for approval. And that’s if we decide we would like to purchase or attend. The Clerk: And that’s at $50.00 a ticket, right? Ms. Beard: Yes. Mr. Mayor: Okay --- The Clerk: Is there a second? Mr. Mayor: --- do I have a second? Mr. Grantham: Mr. Mayor, why don’t we just move –-- Mr. Bowles: I’ll second it --- Mr. Grantham: --- for approval for those who just want to attend? Mr. Mayor: Okay, would you like to second her motion? The Clerk: He did, Joe Bowles did. Mr. Mayor: Joe did? Okay, we have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Bowles, Mr. Mason, Mr. Jackson and Mr. Brigham vote No. Motion carries 6-4. Mr. Mayor: Okay we’re down to the last regular agenda item and I have been told by our Attorney that it’s going to be a very --- The Clerk: Item, okay go ahead. 21 Mr. Mayor: Forty-six. The Clerk: Forty-six? Okay. APPOINTMENTS 46. Consider the following recommendations from ARC Legislative Delegation for selection of one as Chair of the ARC Board of Elections: Linda Beazley, Dr. Jimmy Carter and Dr. Ralph Walker. Mr. Mayor: --- that it’s going to be a real short Legal meeting. So let’s get on through --- Mr. Grantham: I don’t know --- Mr. Mayor: Commissioner Grantham. Mr. Grantham: --- the proposal has been made for a list of three names for recommendation as the Chair of the ARC Board of Elections. I’d like to --- The Clerk: In your mike, please? Mr. Mayor: Can you speak into the mike? Mr. Grantham: Well, okay. The Clerk: Thank you. Mr. Grantham: On item #46, Mr. Mayor, I’d like to make a nomination that we approve the name of Ms. Linda Beazley as Chair of the Augusta Richmond County Board of Elections . Mr. Smith: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Mr. Brigham: I move that nominations be closed. Mr. Mayor: Okay, Commissioners will now vote by the usual sign of voting. Mr. Johnson votes No. Motion carries 9-1. Mr. Mayor: I believe that disposes of our regular agenda and, Ms. Johnson, you needed a Legal meeting for --- 22 Ms. Johnson: The acquisition of real estate necessitating the presence of the Clerk and also to discuss pending and potential 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 those purposes? Mr. Johnson: So moved . Mr. Mayor: We have a motion. Is there a second? Mr. Bowles: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Mason, Mr. Jackson and Mr. Grantham vote No. Motion carries 7-3. Mr. Mayor: And we are in Legal. Johnny, can you get your friends at the Chronicle to put that top 100-places to live above the fold in big bold letters? [LEGAL MEETING] Mr. Mayor: Okay, I’ll go ahead and call the meeting back to order. 51. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Hatney: So moved. Mr. Mayor: We have a motion is there a second? Mr. Mason: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Motion carries 10-0. 23 Mr. Mayor: Mr. Russell. Mr. Russell: Yes, sir, Mr. Mayor. As you know we’ve been working closely with the Board of Education over the past several years to purchase some property on Mike Padgett Highway that would be appropriate for our bus facility and potentially for our entire transportation facilities for the city as a joined effort. ADDENDUM 49. It would be appropriate now to approve a motion to approve the acquisition of property located at 2950 Mike Padgett Highway with the Richmond County Board of Education at a cost to Augusta not to exceed $1,825,000.00 with a total acquisition and renovation costs not to exceed $3,400,000.00. The property is to be acquired in equal shares with the Board of Education with a final allocation of equity based on the proportionate investment by Augusta and the Board of Education as provided in an intergovernmental agreement to be adopted in the future by Augusta. In addition to the acquisition cost, Augusta agrees to waive all penalty and interest, but no ad valorem taxes, owed by the seller on property located in Augusta, Richmond County, Georgia, including properties in addition to the 2950 Mike Padgett Highway property. There is additional property across the street that is going to have to be wetlands because it’s not sellable at this point. And that was the extra other point that we mentioned. Mr. Mayor: Can I get a motion to that effect? Mr. Brigham: Can we get somebody to reread that motion, Mr. Mayor? Mr. Grantham: So moved. Mr. Hatney: Second. Mr. Mayor: I’ve got a motion and a second. Commissioner Johnson. Mr. Johnson: Yes, I would just like to make a statement about purchasing this property Fred. This will save the taxpayers quite a few dollars, correct? Mr. Russell: Yes, sir, it’s property that we think that because it is, it’s a fine example of recovery of property that has been polluted in some way. Mr. Johnson: Right. Mr. Russell: And we were able to cap that. But we’re getting it a fairly good deal because the company is in bankruptcy so we’re actually turning that around, taking an unproductive piece of property and making it productive. And an adjoined cooperative agreement with the Board of Education that’s going to save us dollars in the long term and free up property that we currently own potentially behind MCG that would be available for that at a 24 cost to the foundation for the expansion of MCG. In addition to that freeing up property along the Canal, which will eventually be waterfront property that will be readily developed. So it’s a good deal for all those involved. Mr. Johnson: Good deal. Besides it’s in my district too so thank you. Mr. Russell: We worked hard to make that happen for you. Mr. Mayor: Okay, and just to clarify for the record that motion was to add and approve. Okay. Commissioners will now vote by the usual sign of voting. Motion carries 10-0. Mr. Mayor: I love the spirit of mutual cooperation. In closing that on a unanimous note 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 April 21, 2009. ____________________________________ Clerk of Commission 25 26