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HomeMy WebLinkAboutCOMMISSION MEETING August 18, 2009 REGULAR MEETING COMMISSION CHAMBER AUGUST 18, 2009 Augusta Richmond County Commission convened at 2:00 p.m., August 18, 2009, the Hon. Alvin Mason, Mayor Pro Tem, presiding. PRESENT: Hons. Holland, Smith, Grantham, Hatney, Beard, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hon. Deke Copenhaver, Mayor. The invocation was given by the Reverend Christopher J. Waters, Pastor, Thankful Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor Pro Tem: Okay, we have approximately five minutes before we start the Commission meeting. Reverend Waters, Pastor, Thankful Baptist Church for our invocation. Is he here? All right. Reverend Waters if you will come up front please I have something for you. And it reads, Office of the Mayor. By these present be it known that Reverend Christopher Waters, Pastor of Thankful 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 faith in th this community. Given under my hand this 18 Day of August 2009. The Honorable Mayor Deke Copenhaver. We appreciate your prayer. Thank you. Reverend Waters: Thank you. The Clerk: And welcome to Augusta. Where would you like to go? Mr. Mayor Pro Tem: Delegations. Madam Clerk, but prior to going to the delegations, Madam Clerk, I would like to honor the delegations under B, Ms. Sandy Lawrence. I would like to have her come before agenda item 37 so that we can address all of that at the same time. And I would think that would be better and be more consistent. It might be better served by doing that. The Clerk: Okay. The Clerk: DELEGATIONS A. Mr. Dan Walton, Executive Director. RE: Update from Richmond County Medical Society Project Access. The Clerk: Okay, Dr. Cook, go ahead. 1 Dr. Cook: I’m Dr. Terry Cook. I’m just going to speak for a few minutes first and let Dan give you the particulars. We have just completed our seventh year of operation with Project Access, which is an outreach of the Richmond County Medical Society in union with the Richmond County Commission. And I’m chairman of Project Access Committee for Richmond County Medical Society. I’m proud to say that during this past seven years we’ve been able to serve many people in this community who otherwise would find access to medical care especially specialty care very difficult. It would also be difficult for them to afford the medications, which have risen in price considerably over the past several years. We see in the community now a greater need for this program than ever before. We’ve seen our numbers of enrolled patients double in the past year probably as a result of the current economic conditions. And quite a number of our patients are fully employed but they do not have health insurance so we’ve been able to provide them with specialty care, primary care and also medications. We have 375 physicians in the County Medical Society that participate in this program and give their services free of charge to meet the needs of the patients in the community that are in great need. So I want to bring, I want to thank them for their service over these past seven years. I look forward to continued progress in this area and continued cooperation with the Richmond County Commission. Thank you for your participation for all that you have done to make it possible for the most needy in our community to receive these services. Thank you. Mr. Mayor Pro Tem: Thank you. Dr. Cook: Dan? Mr. Walton: Again my name is Dan Walton, Executive Director of the program. I’d just like to say thank you as well. I think it’s a much-needed program in our community and it has helped a little over 3500 patients in its existence since we started the program in 2002. Currently I have about 500 Richmond County residents enrolled in the program. We have in the, since the st program was started July 1 2002 we have exceed $8 million dollars in care through physician services pharmacy benefits and hospital services throughout our community, also just a couple of quick items. We have some information on our, what the makeup of our patients. Most of the majority of our patients come from the 30906 zip code. The next 21% of them come from the 30904 zip code and 20% of them come from the 30901 zip code. We, most of our patients, over 50% of our patients are fall into 51-100% of the federal poverty level. The federal poverty level is 150%. Our patients range, our range of patients we serve are from 19-64 years old. Over 50% of our patients are 50-59 years old and the next 30% of them are 40-49 years old. So I just, you know one of the things I wanted to do today is just provide you with a little bit of information because you don’t get to hear a lot where the patients come from, what makes up our patient population and again to say thank you for your continued support of the program. Mr. Mayor: Thank you. Do we have any question from the Commissioners? All right thank you very much. Prior to moving forward I would just like to take this opportunity to say that we certainly wish our Mayor and his family traveling mercies and safety in his travels. And we certainly hope and pray that he comes back very safely from his trip. And we just want to let you know that he’s in our thoughts and of course in our prayers and we want him to return safely back to our community. Having said that, Madam Clerk, shall we move on to the consent agenda? 2 The Clerk: Yes, sir, Mr. Mayor Pro Tem. I call your attention to our consent agenda, which consists of items 1-33, items 1-33. For the benefit of any objectors to our Planning petitions once those petitions are read if there are any objectors would you please signify your objections by raising your hand once the petition is read. Item 1: Is to approve a petition for a Special Exception to establish a Family Personal Care Home on property located at 4318 Wild Rose Drive. Item 3: Is for a Special Exception to establish a Congregate Personal Care Home in a P-1 (Professional) Zone affecting property know as 2136 and 2138 Circular Drive. Item 4: Is a petition requesting a Special Exception to establish a Family Personal Care Home on property located at 2415 Amsterdam Drive. The Clerk: Are there any objectors to those Planning petitions? Mr. Russell: None noted Madam Clerk. The Clerk: I call you attention to our Public Service portion of the agenda. If there are any objectors to any of the alcohol petitions would you please signify your objection by raising your hand once the petition is read. Item 5: Is for a retail package Liquor, Beer & Wine license to be used in connection with the Bottle Shop located at 240 Davis Road. Item 6: Is for an on premise consumption Liquor license to be used in connection with Fat Man’s Riverfront Café located at #1 Seventh Street. Item 7: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with The Grill located at 553 & 59 Broad Street. Item 8: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with TMJH, Inc. DBA T Bones located at 2856 Washington Road. Item 9: Is for an on premise consumption Beer license to be used in connection with Pizza Hut located at 2519 Tobacco Road. Item 10: Is for an on premise consumption Beer license to be used in connection with Pizza Hut th #2020 located at 615 15 Street. Item 11: Is for a retail package Beer & Wine license to be used in connection with You, LLC DBA One Stop Convenience Store located at 2382 Barton Chapel Road. Item 12: Is for a retail package Beer & Wine license to be used in connection with Wallys located at 4250 Windsor Spring Road. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Mr. Mayor Pro Tem, our consent agenda consists of items 1-33. 3 Mr. Mayor: Thank you, Madam Clerk: Do we have any additions to add to the consent agenda? Any additions to the consent agenda? Hearing none, do we have any further items to add to the agenda? Mr. Russell: Do we have deletions to the consent agenda? The Clerk: Are you going to do the addendum agenda? Is that what you’re asking? Mr. Mayor Pro Tem: Yes --- The Clerk: Okay. Mr. Mayor Pro Tem: --- as far as the addendum. The Clerk: Consider our addendum agenda, our addendum agenda consists of two delegations. Residents from the Goshen Subdivision requested by Commissioner Grantham and Harrisburg, the Reverend Janice Jenkins requested by Commissioner Hatney. Mr. Mayor Pro Tem: Is there a motion to add those items? Mr. Hatney: So moved. Mr. Grantham: Second. Mr. Mayor Pro Tem: We have a motion and a second. The Clerk: Mr. Grantham who did the motion? I didn’t hear who made the motion. Mr. Mayor Pro Tem: Reverend Hatney. The Clerk: He did? Okay. And Mr. Grantham, okay. Mr. Mayor Pro Tem: We’ve got a motion and a second. Any further discussion? Hearing none Commissioners will vote by the usual sign. Motion caries 10-0. Mr. Mayor Pro Tem: Magnanimous. The Clerk: Magnanimous. Mr. Mayor Pro Tem: Are there any deletions to the agenda? Yes, Mr. Administrator. ENGINEERING SERVICES 28. Motion to approve Bid Award contract to Mabus Brothers Construction Company, Inc. in the amount of $1,145,728.50. This award will include relocation of existing water mains 4 in conflict with new construction as well as construction of new water and sanitary sewer mains in the area of the Alexander Drive Widening project. (Approved by Engineering Services Committee August 10, 2009) Mr. Russell: Mr. Mayor Pro Tem, item 28 is a road project that we’ve learned that the state will pay for the utilities work in this project. We’d like to delete at this time. Mr. Mayor Pro Tem: Any further deletions to the agenda? Hearing none are there any items to be pulled for discussion? Mr. Smith: Mr. Mayor Pro Tem. Mr. Mayor Pro Tem: Yes Commissioner Smith. ADMINISTRATIVE SERVICES 38. Motion to ratify Augusta’s application/request submission for a grant award from HUD’s Neighborhood Stabilization Program 2 in association with the American Reinvestment and Recovery Act. (Deferred from the August 4, 2009 Commission meeting) Mr. Smith: Item 38, I would like to refer back until we can find this more information. We’re not ready I don’t think to vote on it with not knowing whether or not we’re going to get these funds. Or if we do they could be changed and split up in a different manner so I’m making a motion that we pull this and wait until we find out whether or not we get this grant. The Clerk: Are you going to pull it? Mr. Mayor Pro Tem: Are we pulling it, referring --- Mr. Smith: Well, I want to hold it and bring it back to our Commission meeting as soon as we find out whether or not we get the money. The Clerk: Okay, you want to postpone it until the grant announcement is made --- Mr. Smith: Right. The Clerk: --- is what you’re saying. Okay. Mr. Mayor Pro Tem: Okay, are there any other items to be pulled? Commissioner Jackson. OTHER BUSINESS 40. Discuss/update path forward relative to TEE Center. (Requested by Commissioner Joe Jackson) Mr. Jackson: Thank you, Mr. Mayor Pro Tem, I wanted to pull #40 for two weeks until the next Commission meeting. 5 Mr. Mayor Pro Tem: Are there any other items to be pulled? Madam Clerk, can you read back those items that were added or pulled for clarification? The Clerk: Yes, sir. Consent agenda items 1-33 with the deletion of item 28. We’re adding items 38 to be postponed until the grant award is announced from HUD. And item 40 is postponed until the next Commission meeting in two weeks. Mr. Mayor Pro Tem: Okay, I look for a motion to approve the consent agenda. Mr. Holland: So moved. Mr. Jackson: Second. CONSENT AGENDA PLANNING 1. Z-09-35 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Shirley Lee, on behalf of James W. Pee 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 .39 acres and known as 4318 Wild Rose Drive. (Tax Map 194-0-096-00-0) DISTRICT 8 2. FINAL PLAT – SOUTHAMPTON, SECTION 3-S-777 – A request fro concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Southern Partners, on behalf of COEL Development Co., requesting final plat approval for Southampton, Section 3. This residential subdivision is located at Ardwick Drive, adjacent to Southampton, Section 5 and contains 49 lots. 3. Z-09-39 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Jacqueline Aikens on behalf of Krishan Vaid, requesting a Special Exception to establish a Congregate Personal Care Home in a P-1 (Professional) Zone per Section 20-2 (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .75 acres and known as 2136 and 2138 Circular Drive (Tax Map 098-3-221-00-0) DISTRICT 2 4. Z-09-41 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Johnnie M. Kelley 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 known as 2415 Amsterdam Drive. (Tax Map 082-0-378-00-0) DISTRICT 4 PUBLIC SERVICES 5. Motion to approve New application: A.N. 09-87: request by Chris Bentley for a retail package Liquor, Beer & Wine license to be used in connection with The Bottle Shop located at 240 Davis Rd. District 7. Super District 10. (Approved by Public Services Committee August 10, 2009) 6. Motion to approve New Application A.N. 09-88: request by Brad Usry for an on premise consumption Liquor license to be used in connection with Fat Man’s Riverfront Café 6 located at #1 Seventh St. District l. Super District 9. (Approved by Public Services Committee August 10, 2009) 7. Motion to approve New Application: A.N. 09-89; request by Pamela Hall for an on premise consumption Liquor, Beer & Wine license to be used in connection with The Grill located at 553 & 59 Broad St. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee August 10, 2009) 8. Motion to approve New Ownership Application: A.N. 09-90; request by Thomas Jastrom for an on premise consumption Liquor, Beer & Wine license to be used in connection with TMJH, Inc. DBA T Bones located at 2856 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee August 10, 2009) 9. Motion to approve New Application: A.N. 09-92: request by Brenda Thorington for an on premise consumption Beer license to be used in connection with Pizza Hut #2022 located at 2519 Tobacco Rd. There will be Sunday Sales. District 4. Super District 9. (Approved by Public Services Committee August 10, 2009) 10. Motion to approve New Application: A.N. 09-93: request by Brenda Thorington for an on premise consumption Beer license to be used in connection with Pizza Hut #2020 located th at 615 15 St. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee August 10, 2009) 11. Motion to approve New Ownership Application: A.N. 09-94: request by Im Suk Yu for a retail package Beer & Wine license to be used in connection with Illsan You, LLC DBA One Stop Convenience Store located at 2382 Barton Chapel Rd. District 5. Super District 9. (Approved by Public Services Committee August 10, 2009) 12. Motion to approve New Ownership Application: A.N. 09-95: request by Suhashbhai A. Patel for a retail package Beer & Wine license to be used in connection with Vadeshwar, Inc. DBA Wallys located at 4250 Windsor Spring Rd. District 6. Super District 10. (Approved by Public Services Committee August 10, 2009) 13. Motion to approve emergency repairs to the riverside tailgate cylinder at the locks at Lock and Dam Park to C.W. Hayes Mechanical for $12,500. (Approved by Public Services Committee August 10, 2009) 14. Motion to approve cost-sharing in the amount of $9,000 with First Tee of Augusta for the erection of a fence to address security issues. (Approved by Public Services Committee August 10, 2009) 15. Motion to approve the naming of the park road at Jamestown Community Center. (Approved by Public Services Committee August 10, 2009) 16. Motion to award contract to Commins Construction in the amount of $86,400.00 to install low voltage wiring for new main library. (Approved by Public Services Committee August 10, 2009) 17. Motion to approve Valueboards Contract. (Approved by Public Services Committee August 10, 2009) ADMINISTRATIVE SERVICES 18. Motion to approve hiring temporary administrative support for the EEO Office to assist the Law Department with the daily administrative activities of the EEO Office. (Approved by Administrative Services Committee August 10, 2009) 7 19. Motion to approve of an Ordinance amending Ordinance No. 6508 which amends the Augusta-Richmond County Code, Section 2-4-20 to expand the existing Laney-Walker Enterprise Zone to include Bethlehem Neighborhood. (Approved by Commission August 4, 2009 – second reading) 20. Motion to deny a request from Hall Marketing for a waiver in reference to the Non- Compliance” status they received at the bid opening for RFQ 09-103 Communications Strategy and Marketing Plans for Housing and Community Development Department on May 28, 2009. (Approved by Administrative Services Committee August 10, 2009) PUBLIC SAFETY 21. Motion to approve a grant application by the Augusta Judicial Circuit for a grant award regarding the Unified Circuit Plan Application for Byrne JAG Funding in association with the American Reinvestment and Recovery Act. No matching funds are required. (Approved by Public Safety Committee August 10, 2009) 22. Motion to approve a 2009 budget amendment for the 2009 Edward Byrne Memorial Justice Assistance Grant Program (JAG) to reflect increased revenue in the amount of $142,397 which will be utilized to continue funding the Mobile Data Termina (MDT) Program. (Approved by Public Safety Committee August 10, 2009) 23. Motion to approve a Resolution reaffirming the necessity of 911 and the wireless enhanced 911 charges. (Approved by Public Safety Committee August 10, 2009) FINANCE 24. Motion to approve the compensation for the Acting Judge appointed to hold court during the absence of the Probate Judge funded from Contingency fund. (Approved by Finance Committee August 10, 2009) 25. Motion to approve the posting of the general fund check register on the city web site. (Approved by Finance Committee August 10, 2009) 26. Motion to approve transfer of portions of Augusta located on Deans Bridge Road near the intersection of Wyevale Road and Windermere Drive to the Land Bank Authority for $10,000.00 per acre for the purpose of selling same for redevelopment purposes and to authorize the Mayor and Clerk of Commission to execute such documents as necessary to consummate the transaction, all in form as approved by the General Counsel. (Approved by Finance Committee August 10, 2009) ENGINEERING SERVICES 27. Motion to approve the award of the contract to Thompson Building Wrecking Co., Inc. in the amount of $44,400.00 on Capital Project Budget #323-041110-296823215 Number Ten for the demolition of residential buildings for the Alexander Drive project, subject to receipt of signed contracts and proper bonds for the Engineering Department. Funds are available in the project Right of Way account. (Approved by Engineering Services Committee August 10, 2009) 29. Motion to approve Change Order to Quality Storm Water Solution, LLC. in the amount of $16,331.00 for the construction of two new storm boxes and the relocation of an existing power pole. (Approved by Engineering Services Committee August 10, 2009) 8 30. Motion to approve Georgia Power Governmental Encroachment Agreement #31166 and Municipal Electric Authority of Georgia Governmental Encroachment Agreement #31167. (Approved by Engineering Services Committee August 10, 2009) 31. Motion to approve emergency award for a contract with Blair Construction, Inc. for th services associated with construction of the 6 Street Emergency Sewer Repair Project in the amount of $840,842.78. Bid item #09-138 (Approved by Engineering Services Committee August 10, 2009) 32. Motion to approve Utilities’ purchase of Warehouse Pallet Rack Shelving and Furniture for the New Wylds Road Location. (Approved by Engineering Services Committee August 10, 2009) PETITIONS AND COMMUNICATIONS 33. Motion to approve the minutes of the regular meeting of the Commission held on August 4, 2009. Mr. Mayor Pro Tem: We have a motion and a second. Any further discussion? Hearing none Commissioners will now vote by the usual sign. Mr. Hatney abstains. Motion carries 9-1. [Items 5-12] Motion carries 10-0. [Items 1-4, 13-27, 29-33] Mr. Mayor: All righty then. Given the fact that, with the action that we’ve just taken I do want to give the opportunity for the delegations from both Goshen and Harrisburg an opportunity to come to speak before this Commission. We don’t want to give the appearance that we’re keeping you out of the process. You did come down and we want to give you a fair opportunity to speak your piece. So if a representative from Goshen, you will have five minutes. If you will please come to the podium you will have a five-minute opportunity to speak to the issues that Goshen has. Yes, either one is fine. And please state your name for the record. ADDENDUM 41. DELEGATION 1.Residents from Goshen Subdivision (Requested by Commissioner Grantham) Ms. Shealey: My name is Becky Shealey and I am representing the residents of Goshen Plantation, the Goshen Community. Thank you, Mr. Mayor Pro Tem, for giving us the opportunity to be heard here today. And I’d also like to thank each and every one of the Commissioner’s for attending our town hall meeting and hearing our concerns. I mean, that fact that it’s been tabled until the decision has been made by HUD is a positive thing we feel. But we would like to open with the fact that we feel like we would not be here today talking about this if certain individuals had not violated the application procedures of the NSP2 Grant application. We don’t feel like we have been fully informed. We asked, several of us asked for a copy of the grant application. We were given a narrative portion of the application. There were no signatures on the application that any of us received. We all know that you don’t send in an 9 application without signatures. There are some other things that we feel like have not been fully revealed to us. And this time period will give us additional time to get our facts together as well. We are a community that is concerned about the well being of Augusta and we certainly hope that there will be an amicable solution for everyone involved. Again we, I just want to state for the record that there is a petition. There is 290 signed, the petition has 290 signatures on it. These are the people that attended our town hall meeting last Thursday and as it stands right now we are not in agreement with the way the whole application was submitted. And I would like to ask if we could get a copy of the full application in its entirety so that we can make an informed decision on behalf of our community. Mr. Mayor Pro Tem: Yes and are there any questions from the Commission in reference to Ms. Shealey’s portion? Ms. Shealey, we will see our City Administrator Mr. Russell and they will make arrangements for you to get a copy of that application. Ms. Shealey: Okay, and one more thing I would like to ask the Commission. I realize that there is a Citizens Advisory Committee assigned for each department that’s under the city. Is the Citizens Advisory Committee, is it still, have you guys dissolved that, the Housing and Development Department? Mr. Mayor Pro Tem: The Commission, well, let me put it this way. It’s not in existence right now. And that’s something that we do need to look at. But at this particular point there’s not one in existence. Ms. Shealey: Could it be brought back together? Mr. Mayor Pro Tem: Again, it’s inactive more or less and so what we’re talking about doing is activating it and putting it back in order. And that is something that is on our agenda and on our priority to make happen. Ms. Shealey: Thank you very much for your time. Mr. Mayor Pro Tem: Thank you. A representative from Harrisburg. Do we have a Harrisburg representative here to speak? Going once? The Clerk: Janice Jenkins. Can you see if she’s in the hall please? Mr. Mayor Pro Tem: Ms. Jenkins? All righty then I guess we’ll move forward then, Madam Clerk. The Clerk: Okay item 34? Mr. Mayor Pro Tem: Item 34. The Clerk: 10 PLANNING 34. Z-09-34 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Belinda Winfrey 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 .22 acres and is known as 1833 Empress Court. (Tax Map 122-3-207-00-0) (Referred back to the Planning Commission by the Augusta Commission at the July 21, 2009 meeting) DISTRICT 6 Mr. Mayor Pro Tem: Mr. Patty. Mr. Patty: This came before you at the previous meeting and both sides squared off and you sent it back to the Planning Commission for further review. We did at our last meeting and the Commission felt that they made the right decision the first that the applicant had over come any reasonable concern that the neighbors had. There were neighbors and even folks that had signed a petition at our meeting that said that they supported the applicant and we recommend you approve. Mr. Mayor Pro Tem: Are you the petitioner? Ms. Speaker: Yes, sir. Mr. Mayor Pro Tem: Can you state your name for the record please? Ms. Speaker: I’m Brenda Winfrey and I run a Personal Care Home at 1833 Empress Court in Augusta Georgia 20906 for six years. And I’ve never had any complaints. Mr. Mayor Pro Tem: Commissioner Jackson. Mr. Jackson: Thank you, Mr. Mayor Pro Tem. I’d like to make a motion to approve . Mr. Johnson: Second. Mr. Mayor Pro Tem: We’ve got a motion and a second. Is there any further discussion? Hearing none Commissioners will vote by the usual sign. Motion carries 10-0. Mr. Mayor Pro Tem: Next agenda item, Madam Clerk. The Clerk: PLANNING 35. Z-09-31 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Augusta Neighborhood Improvement Corp. (ANIC), on behalf of ANIC, Basic Holdings and the Land Bank Authority, requesting a change of 11 zoning from Zone R-1C (One-family Residential) and Zone B-2 (General Business) to Zone R-1E (One-family Residential) affecting property beginning at a point located where the southeast right-of-way line of James Brown Boulevard intersects the northeast right-of-way line of Hopkins Street and containing approximately 2.6 acres and contains multiple parcels. A complete list of the parcels is available in the Planning Commission office. DISTRICT 1 Mr. Mayor Pro Tem: Mr. Patty. Mr. Patty: This property is currently zoned R-1C and B-2 (General Business) and it fronts on James Brown and Hopkins and a couple other existing city streets. For the most part it’s vacant. It’s got a couple remnants of some homes on it but the applicant want to build, he wants to create 24-lots on 2.6 acres which is the density of about 9.2 per acre. And the zoning classification they’re asking for R-1E is sort of a planned development classification in that the petitioner shows up front his concept for development and he’s pretty much tied to that concept in order to develop it. But it gives him flexibility in what they show us so it’s a win; win for everybody if it works out right. In this case there were some concerns. The concerns were that the houses are a new urbanism design. They’re sort of a high bred of town homes and row homes. Very similar in design. Not necessarily in scale but in design to Hammonds Ferry and other developments that are current around this area. The issues that we had, the Commission had the staff had and at some extent the neighborhood had are the proximity to the road and the size of the lots. These lots are pretty small. They’re 50 x 58 approximately. The use of rear entrances from alleys and the lack of central or common parking facilities because the lots they sit on there aren’t any alternatives for parking if you get more than two cars in any one of these lots at any time. ANIC has addressed most of those issues. They have as I said three lots for common parking, two lots for common parking and for a common green area. The other things that we and I speak for Chester but I think he feels the same way we’d like to see them change. They have convinced us that they can’t change because of the economics of the project and while you know like I say they’re probably other things I rather see in that area. You know they’ve generally done a good job. Some of the comments that we got were some of the houses weren’t up to snuff and they aren’t kept up. But I’ll tell you I rode around and looked at all of them I could find and I didn’t see any that didn’t show pride of ownership in well kept yards and you know the things you want to see in the community. So I recommend you approve it. That’s what the Commission recommends and you’ve probably got objectors in both here. Mr. Mayor Pro Tem: Thank you, Mr. Patty. Are you the representative for the petitioner? Mr. Speaker: Yes. Mr. Mayor Pro Tem: If you’ll hold on just a second. Do we have some objectors here as well? Any objectors? Go ahead and state your name address for the record. Mr. Cooks: My name is Robert Cooks, President of Augusta Neighborhood Improvement Corporation, 925 Laney-Walker Boulevard. Before you I have seven slides to present to show you the project. The proposed site originally started out as 29 lots. After 12 hearing comments from the Planning Commission and the neighborhood we made some revisions reducing the density to 27 build able lots. There will be a new street put down the middle of the block. In addition rear access streets that will allow all homeowners to access their homes from the rear. Centralized mailbox which will be in the center of the block. If you at that location right there it’s a green space and centralized. It’s actually right there. This is a new street and we can have the rear access street that will be coming behind all the developed lots. One of the concerns that was brought to our attention was the concern of side yard and rear yard setbacks. If you see the previous development we’ve done on Barnes Street we are in compliance with the side yard setback which is 5 feet off of each, each house is 5 feet off the common boundary. Under the zoning it would allow us to maintain that similar setback. Her we have another location where you can see the houses being maintained and the setbacks both in the front and rear vary based on the type of house that’s built. This is a summary of the original site plan which included 29 lots with 10-foot setbacks and 5-yard setbacks. Some of the comments from the community and the Commission to reduce the density to 25-lots. We adjusted our setbacks from 10-15. Five yard setbacks remained at 5-feet. Two off street parking sites and a centralized mail and mini park. That includes our presentation. Here is a potential streetscape which is similar to Hammonds Ferry. Their property sets 10-feet off of back of (unintelligible) which if fifteen so you have a larger space at that point. Here is a common profile of what streetscapes are going to look like. The construction may be different and most likely will be all brick versus board. Mr. Mayor Pro Tem: Any questions from the Commissioners? Also one last opportunity and objectors that may be out in the hallway there, an opportunity or inside? I look for a motion. Mr. Johnson: Motion to approve. Mr. Jackson: Second. Mr. Mayor Pro Tem: I hear a motion and a second. Any further discussion? Ms. Beard. Ms. Beard: No, I move for approval. Mr. Mayor Pro Tem: We have a motion and a second. With no further discussion Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor Pro Tem: Next agenda item, Madam Clerk. The Clerk: PLANNING 36. Z-09-40 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Piyush Patel, on behalf of Marjorie McAmis Living Trust, requesting a Special Exception in a B-2 (Neighborhood Business) Zone to establish a convenience store (gas/food mart) per Section 21-2 (b) of the Comprehensive Zoning 13 Ordinance for Augusta-Richmond County affecting property containing 1.02 acres and known as 3330 and 3334 Deans Bridge Road. (Tax Map 107-0-048-00-0 and 107-0-049-00- 0) DISTRICT 5 Mr. Mayor Pro Tem: Mr. Patty, you might want to take up some space over there on that mike. Mr. Patty: This is at the intersection of Deans Bridge and Spring Grove. It’s a commercial site and they want to do a convenience store/Dunkin Donuts combination. And in order to do that they need a Special Exception. We had a reason I put this on the regular agenda. We did have an objector who objected to the existing cut through traffic but he didn’t come to our meeting and I doubt that they’re here today but it’s consistent with the land use pattern, the zoning pattern and we recommend you approve it. Mr. Grantham: Motion to approve. Mr. Hatney: Second. Mr. Mayor Pro Tem: We have a motion and a second. Is there any further discussion? Commissioner Smith. Mr. Smith: George, where is that exactly? Mr. Patty: Is uh, Spring Grove goes back and the big retention pond is on the left side going east and this would be on the south side of Spring Grove. It’s right at Spring Grove and Deans Bridge Road. There are currently some old houses there that are being used for businesses and they’ve razed those houses and built a new modern convenience store, Dunkin Donuts there. Mr. Smith: Is there a place you can identify that it’s close to? Mr. Patty: Yeah, it’s right at the intersection of Spring Grove and Deans Bridge. I call that Lake Albert back there. It’s a big retention pond, massive retention. Ira Drive. Mr. Smith: Gotcha. Okay. Mr. Mayor Pro Tem: Okay, do we have any objectors to this petition here? Any objectors? Hearing none is there any further discussion? Hearing none Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Hatney: Madam Clerk, I abstain on all alcohol. I forgot to mention it to you. The Clerk: Okay, the record will reflect that Commissioner Hatney is abstaining on the alcohol petitions. 14 Mr. Mayor Pro Tem: All righty. Next agenda item, Madam Clerk. The Clerk: PLANNING 37. Z-09-42 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the following conditions 1) that the use of this property be limited to a congregate personal care home or those uses allowed in an R-1 (One-family Residential) Zone and 2) no additional buildings or additions to existing buildings shall be permitted on this property except that existing buildings may be repaired or replaced; a petition by Kenneth Dyer, on behalf of Sopramco CV6 LLC, requesting a change of zoning from Zone R-1 (One-family Residential) to Zone R-3C (Multiple-family Residential) affecting property containing 5.72 acres and known as 411 Pleasant Home Road (Tax Map 016-0-048-00-0) DISTRICT 7 Mr. Mayor Pro Tem: Mr. Patty. Mr. Patty: Okay, this is a part of the Allwood property on Pleasant Home Road, formerly the Allwood property on Pleasant Home Road and there were two nursing home buildings out there that were separate parcels. And this one is the one in the back. It predates the zoning ordinances as near as we can tell and it was legal non-conforming use. But it was never rezoned for the purpose of being a nursing home. Because it lost it’s non-conforming rights having set vacant or not used for that purpose for over two years we now have an applicant that wants to reuse it as a nursing home rather than a care home, congregate care home. But in order to do that they have to have it rezoned. They’ve lost the non-conforming rights to allow them to continue so they want to rezone. We recommend you rezone it with the conditions you see before you. There’s been some concern about a third condition that if the use ceased that it would a Special Exception, I’m sorry the zoning would revert to R-1 and I have no problem with that additional condition. But we recommend you approve it. Mr. Mayor Pro Tem: At this point I want to bring up Ms. Sandy Lawrence and you will have five minutes as part of the delegation. Use as much or as little as you need. Please state your name and address for the record. Ms. Lawrence: My name is Sandra Lawrence, 2952 Foxhall Circle and this going to be short and sweet. I’m speaking on behalf of the Foxhall neighborhood and we don’t oppose this rezoning at all. We can support a R-3C classification as long as the conditions already accepted by the buyer are kept intact. Specially that the property can only be used as a congregate care home or uses allow in R-1 zoning and that no additional buildings or expansions can be built. Furthermore though we would urge you to add that the property would revert to R-1 zoning should the use cease to be as a congregate care facility. This was a stipulation when the zoning was changed several years ago for the nursing home at 409 Pleasant Home Road so we don’t think that this is out of line to ask for this. And as you’re probably aware the residents of Foxhall that I represent are very concerned about the possibility that more lots on Pleasant Home Road might be rezoned from R-1 and then a precedent would be set. A proliferation of R-3C 15 zoning would be in our opinion a detriment to the community. Increased traffic, increased population density or increased business activity could adversely affect our quality of life and our property values. So I just urge you should future issues come up on Pleasant Home Road to consider these issues with us. That’s it, thank you. Mr. Mayor Pro Tem: Ms. Lawrence, just so that we’re all clear up here. I heard you say there was something in particular that you wanted added to this? Ms. Lawrence: Mr. Patty, I think, had already mentioned that it would revert to R-1 if it ceased to be used as a --- Mr. Mayor Pro Tem: Is that correct Mr. Patty? Mr. Patty: Yes. Mr. Mayor Pro Tem: Yes. Any questions from the Commissioners? Mr. Bowles: I’m just trying to figure out if Jerry wrote that for us. Mr. Mayor Pro Tem: Yes, it sounds like Jerry. Mr. Brigham: Mr. Mayor I’m going to make a motion we approve this with the stipulation that it revert to R-1 zoning if the operation ceases in addition to the other stipulations that are in there. Mr. Jackson: Second. Mr. Mayor Pro Tem: We have a motion and a second. Any further discussion? Hearing none Commissioners will now vote by the usual sign. Motion carries 10-0. The Clerk: Unanimous. Mr. Mayor Pro Tem: Unanimous, wow. The Clerk: All right. Mr. Mayor Pro Tem: On to the next agenda item, Madam Clerk. The Clerk: ADMINISTRATOR 39. Report from the Administrator regarding on-going projects. 16 Mr. Russell: I just want to take a few minutes of your time just to talk about the couple of things we’ve got ongoing. We’re trying to do this on a more regular basis from what we’ve done in the past. It’s about the third or fourth time I’ve done this. I just want to bring you some of the good news about what we’ve actually got going on at the moment there. The SPLOST projects as you can see the main Library, the Judicial Center, the Webster Detention Center projects, Belair Hills Subdivision, Morgan Road, Washington Road, Boy Scout Road Improvements, Windsor Spring Road Improvements, the Highland Avenue Water Treatment Plant. The Library is about 67% complete at this particular point in time. We’re currently on schedule and we’re doing fine with that. Substantial completion date is March 23, 2010. As you can see from the pictures and as you ride by that project is on the ground and moving upward. The aerial view of the Judicial Center. That’s another project that seems to be going very well. The super structure is about 75% complete. The slab and utilities about 95% complete. The north parking lot is about 85% complete. It looks like at this particular point in time we’re th looking at a March 11 opening date or move in date. Substantial completion that seems to be a little bit ahead of that at this particular point in time. Maybe late December or early January so we’re a couple months ahead at this particular point in time. Webster Detention Center that’s the flooring of the male pod they’re working on at this particular point in time. The female and medical pod that’s moving along. The video visitation and the parking area that they’re working at. This project was a little bit behind. We had some bad dirt that we had to deal with but we’re slowly but surely catching back up to the schedule at this particular point in time. The contractor’s doing a good job I think of moving us forward and we’re happy with the progress at the moment there. Belair Road Subdivision improvements, we’ll skip ahead to the Morgan Road improvements. Washington Road and Boy Scout I was by there a few minutes ago and we’re out there. If you haven’t been by there it’s one of the more dangerous intersections in our community. We think that the double left hand turn lane going west on Washington Road are going to be helpful. In addition to that the striping and paving I think is going to be helpful as we move forward with that. Windsor Spring Road Improvements they’re working on the sewer and drainage at that particular point in time. Highland Water Treatment Plant another one of the success stories as we continue to move forward with that. Just as an information note on August th 27 from 10-12 we’ll have the dedication of that particular plant. We’ve been running the tests on the water and it’s my understanding that it’s going along very well. So we would like to have th you there on August 27 from 10 o’clock or whatever. And that’s pretty much it where we’re at, at this particular point in time. Those projects are moving fairly well and we’re happy with that. Thank you. Mr. Mayor Pro Tem: Well, I do have a question. Maybe it’s not necessarily a view but I do see some representatives from HEERY out in the audience and if I could I’d like to ask them a question and they’re representative as they do represent the city. I’ve got a specific question for I guess it would be Don or perhaps if that’s, I guess my contracting background is coming out and I’m concerned with our taxpayer’s dollar. I’m just wondering how are you controlling the many change orders that we see from time to time that come through this government. Our how are you controlling that? Mr. Speaker: It’s easy if you look at the three projects that were up there is that currently the overall change orders are you go different projects and they’re from one to two percent. And even on the library that is on closer to a little over 2%. It’s 70% complete. So change order wise 17 it’s well under, it’s well within the budget that was projected. Five percent is a normal change order budget for new construction, its just industry standard. And right now these projects are tracking under that budget. Mr. Mayor Pro Tem: Commissioner Johnson. Mr. Johnson: Thank you Mr. Mayor Pro Tem. David, also, how have you been to manage to keep the projects on track and be a benefit to the citizens of Augusta-Richmond County? Mr. Speaker: I think that the team that we have here has done a really good job in working with the Administrator because his inclusion there was a lot of people involved even in the planning of the projects, the subcommittees that the Administrator had set up in getting the users to provide input. Made the designs complete and I think the communication that the team has with everybody has kept it along. And as Fred just said on the jail there was a, everybody got in the room and they talked and it’s self-directed. Mr. Johnson: I’d just like to say from my perspective I definitely think y’all are doing a great job. Keep up the good work and anything we can do of course you know we’re here to do maintain to make sure we help make things easier for y’all as well. Mr. Speaker: Thank you. Mr. Russell: I think that probably --- Mr. Holland: Mr. Mayor Pro Tem, I think Mr. Hatney --- Mr. Hatney: I question, please, sir. Mr. Mayor Pro Tem: Commissioner Hatney. Mr. Hatney: Sir, what is your process in including the ARC staff in your activity? Mr. Speaker: Again as I was saying the committee’s that were set up provided input. I think the key thing on all of the programs and all the projects is if you get user groups involved in the design process. And as Fred had organized those groups we’re able then to make the designs complete. And if the designs are complete it results in keeping the projects on track and it results in keeping the change orders down. And the change orders that we’ve had have been more of the unforeseen conditions which is normal in doing you know projects in the site work condition. I think the inclusion that Fred had set up the process on was a key to keeping everybody involved and to get their input in the design. So then hopefully they then have ownership of everything that is happening. Mr. Mayor Pro Tem: Commissioner Holland. 18 Mr. Holland: Thank you, Mr. Mayor Pro Tem. I too want to commend you for the job that y’all have been doing. And I enjoyed that slide presented by Mr. Russell there. One of the things I’d like to know and I’ve been thinking about this in looking at the projects as they progress throughout the year. What kind of goals have you all established you know for the participation on these projects? And secondly have there been any extra efforts being made in employing or trying to meet these goals for the overall project. That’s two questions in one. Mr. Speaker: In general I think if we look at this as a program that and the numbers that attract by being the local businesses and the small local businesses is that somewhere around is about is about 50% of the dollars that you’re spending are kept in the community through firms that are local the firms that are local small businesses. And then if you look at those firms that are coming in from out of town you look at the workers that are out there and they’re employing local workers as well. So I think it’s a commend to everybody and with Fred’s help is that the dollars that you’re spending a lot of those dollars stay in the community which I know from working with a lot of the Commissioners is economic development and keeping the dollars in the community and how that then spurs you know the secondary and tertiary and so on as those dollars move through the community. So think that SPLOST is working for you. Mr. Holland: So in terms of the goals you feel like you’re meeting your goals in terms of the different projects that you have. Mr. Speaker: I think you always want to do better but I think that the numbers we’re seeing in this go around are pretty good. Mr. Holland: Thank you very much. Mr. Speaker: Thank you. Mr. Mayor Pro Tem: And I heard you say in reference to the goals as far as local participation you know that’s fantastic. Um, do you have any specific numbers overall or projected that you can give us in terms of minority participation? Mr. Speaker: Those numbers go directly to you DBE coordinator so I don’t have those numbers. Mr. Speaker: If I can answer that for you. What we like to do and that’s something that we would have to share with the Commissioners pending some litigation things that are actually going on. So we would like to hold that and then give it that to the Commissioners. Mr. Mayor Pro Tem: Mr. Bowles. Mr. Bowles: Thank you, Mr. Mayor Pro Tem. I think these are all valid questions but I think we’re asking this to the people that work for us rather than our general contractors who are the ones who are actually hiring these subs so I mean these people monitor the projects for us, they aren’t actually out there building it. So I think we’re kind of going down the wrong path with these guys. 19 Mr. Mayor Pro Tem: Well and from my standpoint the reason why I opened it up because I do realize that they are monitoring but we’re also paying them a job to monitor appropriately and so I just you know they should be having some interaction then one way or another so that we can get good information otherwise we don’t need to be paying them in my opinion. So I do hear you and it’s a point well taken and did you have something else to add to that? Mr. Speaker: That was it. I mean we will make sure that you’re provided that information. Mr. Mayor Pro Tem: Okay. Any other questions, comments or concerns from the Commission? Mr. Russell. Mr. Russell: Just as a follow up. You know we are pretty lucky that we’ve got things going on in our community. You’ve been able to move us forward as a Commission in a lot of projects that other people would be very envious of at this particular point in time. As we continue to do that you know the staff and HEERY and the other contractors and the guys way down the line that are laying the brick you know they are attempting to do the best that they can with the dollars we have available to us to make sure the citizens of Augusta get a good product. I know you demand that of me as we continue to do that we demand that of the people that we employ. Mr. Mayor Pro Tem: Thank you, Mr. Russell. I believe that disposes of our regular agenda. Correct, Madam Clerk? The Clerk: Yes, sir. Mr. Mayor Pro Tem: Ms. Johnson, do we need a Legal session? Ms. Johnson: We do, Mr. Mayor Pro Tem, a real estate acquisition matter and potential and pending litigation. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 43. Motion to go into a Legal Meeting. Mr. Mayor Pro Tem: I look for a motion to go into Legal for those purposes. Mr. Hatney: So moved. Mr. Johnson: Second. 20 Mr. Mayor Pro Tem: We have a motion and a second. Any further discussion? Hearing none Commissioners will vote by the usual sign. Mr. Bowles and Mr. Jackson vote No. Motion carries 8-2. Mr. Mayor Pro Tem: We are in Legal. [LEGAL MEETING] Mr. Mayor Pro Tem: I’ll call the meeting back to order. 44. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Holland: So moved. Mr. Smith: Second. Mr. Mayor Pro Tem: We have a motion and a second. Any discussion? Hearing none Commissioners will vote by the usual sign. Ms. Beard, Mr. Hatney and Mr. Bowles out. Motion carries 7-0. Mr. Mayor Pro Tem: With no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on August 18, 2009. ______________________________ Clerk of Commission 21 22