HomeMy WebLinkAboutCOMMISSION MEETING December 15, 2009
REGULAR MEETING COMMISSION CHAMBER
DECEMBER 15, 2009
Augusta Richmond County Commission convened at 2:00 p.m., December 15, 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 Carlton Howard, Pastor Noah’s Ark Baptist
Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Pastor, thank you so much for pitch hitting today. We will get you your
certificate but thank you, sir, for that wonderful invocation. Madam Clerk, on to the
presentations, the very special presentations.
The Clerk:
PRESENTATION(S)
A. Presentations honoring out-going members of the Augusta Commission Honorables
Betty Beard & Calvin Holland.
The Clerk:
Yes, sir, Mr. Mayor, members of the Commission. We’d like to ask the Honorable Betty
Beard and Honorable Calvin Holland would you please join the Mayor and the Mayor Pro Tem
down front, please? At this time we will have the Mayor to recognize and acknowledge the
tenure of the Commissioners.
Mr. Mayor: Well, I just want to say personally thank you to both of you for your
commitment to the City, for all the work you’ve done. I will just say it is not easy for people to
step up and serve their community. It can be very difficult at times and I just want to say once
again thank you so much for your service, to both of you.
Augusta Georgia salutes and sincerely thanks Betty Beard, Commissioner District 1 for
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outstanding dedication and service on the Augusta Commission, January 3 2004 through
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December 31, 2009. Presented by the Augusta Commission December 15, 2009.
(APPLAUSE)
Mr. Mayor: And, Coach, we just did that because we’re gentlemen and we do ladies first
around here, which I know you understand.
Augusta Georgia salutes and sincerely thanks Calvin Holland, Sr., Commissioner District
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V for his outstanding dedication and service on the Augusta Commission January 3 2006
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through December 31 2009. Presented by the Augusta Commission December 15, 2009.
Thank you, sir. (APPLAUSE)
Mr. Holland: First of all let me take this opportunity and I don’t know if Ms. Beard, did
you want to say something? You can be first.
Ms. Beard: No.
Mr. Holland: Let me take this opportunity first of all to give thanks to my Savior for
allowing me to have the health and strength to serve the past four years not only for District V
but for the City of Augusta. This has been a very rewarding and enlightening and enriching
experience for me and I have enjoyed most of it. How so however I would simply like to say
that being a public servant is one that does not come easy. As my former students told me Coach
you’ve got to have thick skin and you must have thick skin for this particular position. And so
we experienced that. But before I leave I’d simply like to say this. I’ve had an opportunity to
work several places in this City of Augusta and throughout the state of Georgia and around the
country but never before had I had the opportunity to be associated with a group of ladies from
the first floor to the top floor in this building. The ladies that work in this building within this
government ladies and gentlemen are very, very articulate, they’re very professional and they’re
very, very intelligent. So I want you as tax payers, I want you as registered voters as you
continue to support the Mayor and the Commissioners I want you to continue to support these
ladies that work in this government. Because they are the glue that help holds this government
together. And it reminds me of the words of the late Ed McIntyre simply because of the work
that they have done there’ll be those that live in Augusta, those who wish they live in Augusta
and those who live in Augusta. Thank you very much. May God bless each and every one of
you and Happy Holidays. (APPLAUSE)
Ms. Beard: I’d just like to say it’s been an honor to serve the citizens of the First District
as well as all the citizens of the City of Augusta. You know I’ve been here something like six
years, picked up where my husband left off and I think at this particular time he would be proud
because most of the things he was working on when I came on board have been determined and
determined in a positive manner. Many good things have taken place since I’ve been here.
However there is one thing I think I should mention because it should be important to the City of
Augusta. And that is that I honestly think there’s a network that is a part of this city and I don’t
think it’s good for the city. I think this network will do anything it thinks it needs to do
important to move their agendas forward. And I feel it shouldn’t be just their agendas it should
be the citizens’ agenda. And I guess it saddens me that I leave and I leave without improvement
in that area. After that well I’m going to say, I’m going to ask that all of you look at your
government, watch what is going on, watch words, watch when they say race because in Augusta
race is another word for issue. And if the issue isn’t what many of them want then it turns into
that. And that shouldn’t be anymore. All of us love this city, all of us wants what is best for this
city and I am not sad today. I am happy. I’m happy because I am leaving and I am going on to
another phase of my life that is very, very important to me. And I wish this government well. I
have no animosity towards anyone Joe, okay? And but I intend to go on in this government. But
I think if we want the quality of life that we’re seeking we have to at all times try to do what is in
the best interests and do it fairly. So I ask think about your city and always think about its
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importance and what is best for it. But believe it or not that’s what Lee and I did. And the
grandest thing of all is leaving this office with my independence and my integrity. I would not
have felt good if I were not. Thank you. (APPLAUSE)
Mr. Mayor: Madam Clerk, on to the recognitions.
The Clerk:
RECOGNITIONS(S)
United Way Campaign
B. 2009 ARC United Way Campaign.
The Clerk: Yes, sir, at this time we would like to acknowledge the Augusta Richmond
County 2009 United Way Campaign. And I believe a representative from the United Way will
do the presentations.
Ms. Speaker: Good Afternoon. It is my pleasure to come before you on behalf of our
Board of Directors and our staff to thank the Augusta Richmond County Employees for their
contributions to the United Way this year. Our tally shows us that this particular campaign 2009
the gift from the City of Augusta Richmond County to United Way is $4.4 million dollars
campaign is $35,021.00. That is a $5,837.00 increase over last year with a participation of 17%.
And in lieu of all that’s going on in our community although we’re better blessed and better off
than some other communities, people have been laid off, there are freezes and there’s no
promotions we thank you for your contribution and for your commitment and leadership towards
this campaign. It’ll go a long way to helping us get that $4.4 million dollar campaign. I’d like to
also acknowledge Megan Barnes who is our lead staff person that works for the city and she’ll be
the person responsible for helping us give out the awards today. Thank you so much for your
participation. (APPLAUSE).
Ms. Barnes: Thank you all so much. First we’re going to recognize the departments that
had the most increase in contribution dollars for this year. As some of you know Richmond
County Government has a traveling plague. And it’s a sought after award. Every department
really tries to get that every year. And this year we’re happy to say that Extension Services won
for the most improved contributions. (APPLAUSE)
Mr. Mason: Well, all right.
Ms. Barnes: We’ll be sure to get that to him then. Also there is competition this year to
see which departments could receive over 50% participations with their contributions. A lot of
departments really fulfilled this and they went above and beyond doing special events getting the
word out about United Way and the services that we do. So we’d like to just recognize the
following coordinators for each department. The first is Augusta Cares, or excuse me I’m sorry
9-1-1. Katherine White. (APPLAUSE). The coordinators get a certificate and then the
departments receive a plague on behalf of United Way. Thank you. (APPLAUSE). The next is
Solid Waste. The coordinator was Tammy Faulkner who’s also been one of the lead
coordinators for the entire Richmond County Government Campaign. So Tammy.
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(APPLAUSE). Thank you to Mark who’s in the corner back there. Human Resources under the
direction of Rod Powell and Robin Nunez the Coordinator. (APPLAUSE). Now we have
Augusta Cares. (APPLAUSE). Disadvantaged Business Enterprise Ginny Williams. She here
today? (APPLAUSE) Jury Clerk Joan Shackelford. Wild (inaudible) Mr. C. Hunter. Finance
Donna Williams and the coordinator was Claudia Thomas. Housing and Community
Development Director Mr. Chester Wheeler and coordinator Shequetta Barnes. (APPLAUSE).
Tax Assessors Charles Smith and the coordinator Carla Moore. (APPLAUSE). Marshal’s
Department under Teresa Russell and Lt. Bobby Williams. The Cemeteries Jerry Murphy.
Office of the Mayor, Mayor Deke Copenhaver and Karyn Nixon the coordinator. (APPLAUSE).
RCCI Robert Leverett and coordinator William Whitney. (APPLAUSE). Trees and
Landscaping Dennis Stroud with Maria Klingle. (APPLAUSE). And Information Technology
Ms. Kathy Murray. (APPLAUSE). And also Daniel Field Airport with Mr. Boshears receiving
that recognition. Thank you. And also we know that Mr. Powell isn’t here today but we do want
to say thank you so much for his leadership and for his staff’s help with this year’s campaign.
He was a great person to work with and like I said just a wonderful leader for the 2009
campaign. So thank you all so much. (APPLAUSE).
Mr. Mayor: And I just want to say on behalf of myself (inaudible) correctly to our
getting up to $35,000 (inaudible). I think our employees deserve another round of applause. That
is commitment. (APPLAUSE). Madam Clerk, on to the delegations.
The Clerk:
DELEGATIONS
C. Mr. Kevin Mack. RE: Augusta Municipal Golf Course.
Mr. Mayor: And if we could keep it to five minutes, please, sir.
Mr. Mack: What about two?
Mr. Mayor: Two’s even better than five in my book but you’ve got five if you need it.
Mr. Mack: Thank you, Mr. Mayor and Commissioners. I’m here to represent a group of
golfers that regularly play at the Augusta Municipal Golf Course. For the most part they’re
concerned about the privatization of the course. You know actually affordability if the main
focus you know for senior adults (inaudible) you know probably longer than most of us have
been alive (inaudible) people that are on fixed income people that really can’t afford to play golf
in other venues. That is a fear that privatization will replace affordability with increased fees and
insurability. In a nutshell people that play at the Patch believe offering local affordable
municipal golf is an important community benefit. Mr. Mayor and Commissioners, I am going
to ask that you consider appointing a diverse group of about six to seven individuals to study the
situation. It may be a situation that privatization is the only alternative but we believe that if you
give the people that participate at the Patch and two or three Commissioners the opportunity to
have some ownership in the decision. Whatever the decision is finally made I think the people
will feel better about it.
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Mr. Mayor: Commissioner Bowles.
Mr. Bowles:
Thank you Mr. Mayor. And I had a great conversation with Kevin
yesterday and appreciate him affording me the time to come meet with him and discuss the
If you and maybe the Mayor Pro Tem can just appoint two
options and I agree with Kevin.
Commissioners and two at-large community members and two members of the Patch to get
together over the next few weeks andlook at options.
We’ve got three colleges here that have
golf programs and turf management programs that could you know maybe help us with students
to help cut the cost of the golf course to keep the rates down and keep it competitive and not
. I think it’s a great opportunity to explore and I’ll make a
losing so much money every year
motion that we form some sort of task force.
Mr. Holland: I second that motion.
Mr. Mayor: Okay. Commissioner Holland.
Mr. Holland: Thank you, Mr. Mayor. I also too have been a strong supporter of the
Augusta Municipal Golf Course and of course you all know over the past three years going on
four years now every time the issue comes up in reference to the golf course I’ve always tried to
make everyone know that that’s a place that golfers have been going for the past 35/40 years.
And of course we don’t want to do anything to deny them the opportunity to go up there and
play. This has been a golf course that’s been around for a long time and as Mr. Mack said and as
Joe said if we do get an opportunity to organize a group to go out and investigate and analyze
and evaluate what is happening with the golf course I would hope that we would take the
opportunity also to take our newly elected Commissioner from District 5 since the golf course is
in District 5 the one that I represent would add him to that committee so that he would have an
opportunity to have some input in reference to what is happening with the golf course. I would
like to commend Mr. Mack and also commend some other people that have come. And if you
don’t mind, Mr. Mayor, I would like to ask the people that have come to represent the Municipal
Golf Course what we affectionately call The Patch, please stand. Thank you. Mr. Mayor, what
you see is a group of people that are playing up there I guess between the years that they have
been playing there can up to about 200 years or more. With the experience that they’ve had out
there playing ---
Mr. Bowles: --- with Kevin.
Mr. Holland: I’m not going to talk about their ages or anything of that nature. But thank
you, gentlemen and ladies, and if you’ll notice that we had some ladies to stand also. And one of
the things you know I really like about The Patch is a very, very diverse group of people that
play there and they really enjoy themselves and it’s just like a second home for some of the
people. So with that in mind, Mr. Mayor, I agree with the nomination and with the Committee
and hope that they would find something to do and so we can keep The Patch as it is, as it stands
now. Thank you very much.
Mr. Mayor: Thank you, Commissioner Holland. Madam Clerk, just for clarity I believe
that that was the direction for the Mayor Pro Tem and I to appoint a six-person committee
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consisting of two members from the community at-large, two Commissioners and two members
of the Municipal Golf Course.
The Clerk: Yes, sir, I got that.
Mr. Mayor: I’m on the money today.
The Clerk: All right.
Mr. Mayor: If there’s diverse, absolutely. If there’s, yes, sir, Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. I think this is a great idea. I certainly know that
The Patch is a place that has special meaning to a lot of people. And I’m one of those persons in
as much as my half brother managed that golf course and ran it for 49 years. And so I know how
old it is and I know what it’s like and I too am involved with a Golf Association here in Augusta
that also manages the Forest Hills Golf Club. So in my vote today I will abstaining based on the
fact and I think this one of the first times, Madam Clerk, that I have abstained based on the fact
that I don’t want anyone to think that this is a conflict of interest for me. But I support these
efforts and I think it’s a place that we need to maintain and have for the citizens of Augusta to be
able to play at a very reasonable price. Thank you.
Mr. Mayor: Okay. If there’s no further discussion Commissioners will now vote by the
usual sign.
Mr. Grantham abstains.
Motion carries 9-1.
Mr. Mayor: Kevin, thank you for coming in and making the presentation. Thank you,
sir. Madam Clerk, the next delegation.
The Clerk:
DELEGATIONS
D. Mr. Patrick Walton. RE: Problems with License and Inspections Department for the
year 2006.
Mr. Walton: Thank you, Mayor and Commissioners. I appreciate your time as this time
to speak today.
Mr. Mayor: Yes, sir, and if you could just keep to five minutes.
Mr. Walton: I’ll keep it as brief as possible. I spoke to Mr. Robert Leverett and Tamika
Allen in regards to the problem I had back in ’96 back when I came before the Commission and
the Mayor’s office I think it was May or June of 2006. And I’m here today I had spoke to
Commissioner Holland and Ms. Beard regarding this same problem. And I thought it had been
taken care of but after speaking with Mr. Leverett and Ms. Allen I thought it was best I come
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back before the Commission and see if we can’t get this resolved. It’s to the point now it’s been
three years and we’ve addressed that back then. This was a, the problem I had with a ticket that
was written by the License and Inspection Department and the problem started briefly with the
employees which led into a ticket and that’s what really brought me before the Commission and
you also. The way the situation was handled was what really bothered me back originally in ’06
and that’s the reason why I came before the Commission and the Mayor. Today I’m here and I’d
like to, I’m to the point now where I’d like to see this thing done away with. It was a ticket
issued on this back in ’06 and didn’t know this until October. There was a notice that came in
the mail. And I was under the impression that this had been taken care of and it had not. And
this is to the point now this is ---
Mr. Mayor: Okay and sir I hate to interrupt but you might, I don’t see any backup
information in here so I don’t have any idea. That being 2006 you might want to give us a little
background as to.
Mr. Walton: Okay and I’ll keep it brief. Back in ’06 I had a problem with the inspector
and one of the supervisors at that location, License and Inspections regarding a piece of rental
property that I had installing a sewer line. And the problem started actually with the employees
and the way they handled it. That was the reason I brought it before there. It was unprofessional
the way it was handled originally. Back when I came in ’06 I came before you guys and they
had a chance to speak and they did not. They stood in the hallway. They sent Mr. Larry Harris
in to speak over an alcohol license. We were dealing with a plumbing inspector, David Smith
and Marshall Masters. They issued a ticket for work without a permit on my rental property
back in ’06 and the problem again I will say was with the ticket was the way it was handled and
the way I was handled. And that’s when I brought it before you guys in ’06 and it went through
Mr. Russell’s office and he put me in touch with Mr. Leverett and Ms. Allen back in ’06. And
this is still lingering on. I’ve tried to resolve it on my end as much as I can and the reason why
I’m before you here today even the Commission I’d like to ask that this be dismissed because
this is to the point now I’ve already spoke to Mr. Leverett and Ms. Allen about this and they’re
aware of why I’m here today. And I spoke to Mr. Holland and Ms. Beard this morning. It’s, like
I said I know I’m limited to five minutes. They’re aware, like I said to keep it as brief as
possible but I’d like to see this thing. This is to the point now it’s unheard of. This is something
shouldn’t be lingering on this long. It’s something I’d like to have gotten taken care of when I
met with the assistant administrator and I met with him last week. And I’d like to have taken
care of it then but I’d like to see it done away with. And I’m going to tell you that’s why I’m
before you and this Commission today. This was something that was issued from License and
Inspections.
Mr. Mayor: Okay. Commissioner Holland.
Mr. Holland: Thank you, Mr. Mayor. Mr. Mayor, I am aware of this particular problem
that Mr. Walton has had and he shared that information with me and he shared it with the
Commission for some time. So at this time what I would like to do, Mr. Mayor, if it’s possible to
make a motion that we pass this on to the Administrator and License and Inspections to give
them an opportunity to sit down with Mr. Walton and see if they can work this out and find out
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exactly what the problem is and then let him and have a decision made in reference to their
conference, in reference to the problem that he’s having with this property if that’s permissible.
Mr. Mayor: Okay, do we have a second to the motion?
Mr. Brigham: Mr. Mayor?
Mr. Mayor: Okay, no second yet but let’s hear from Ms. Allen first then I’ll come back
down to you.
Ms. Allen: Mr. Mayor I’d like, we did meet with Mr. Walton and I’d like to defer the
response to Mr. Leverett. He can give you an update on where we stand. We did actually meet
with Mr. Walton on this issue.
Mr. Mayor: Okay. Can somebody enlighten me? I have no clue what anybody’s talking
about.
Mr. Leverett: Mr. Mayor?
Mr. Mayor: Yes, sir, Mr. Leverett.
Mr. Leverett: Mr. Mayor, members of the Commission. We pulled the records and Mr.
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Walton did appear before the Commission on June the 6 of ’06. And at that time Mr. Walton’s
concern was that he was given a citation by the Marshal’s Department for attempting to connect
to the sanitary sewer system without a permit. He was working without a permit. He was under
the impression at that time that since he was the homeowner and it did the materials did not cost
over $500.00 that he was able to do it without a permit. We did speak to Mr. Walton, Ms. Allen
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and I on the 15 of June and we pulled the code and showed Mr. Walton that he did need
according to the code that was passed in ’03 that he did need a permit in order to connect to the
sewer system. He was converting from a septic tank and the ordinance specifically said that
when you’re doing that you must call in an inspector. And anytime you call in an inspector you
must get a permit. Now I have Mr. Marshall Masters and Mr. Smith and Mr. Rob Sherman here
also if you’d like to hear from them.
Mr. Mayor: Okay, well, hang on. Let me go to Commissioner Brigham.
Mr. Brigham: Mr. Mayor, I understand this case is in court and there’s been a jury trial
asked for.
Mr. Leverett: Yes, sir.
Mr. Brigham: I think we don’t need to make any kind of decision at this time.
Mr. Grantham: I agree.
Mr. Brigham: I think we need to wait and see what the outcome of the court is.
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Mr. Walton: Mr. Mayor, is that true?
Mr. Mayor: Yes, sir, if this is in court and I would ask the Attorney for your ---
Ms. Johnson: You still have jurisdiction.
Mr. Mayor: Okay.
Ms. Johnson: If a citation was issued it’s properly before the court. There’s no
jurisdiction of this body on this matter anymore.
Mr. Walton: It was issued by this government, by this county and I spoke to, the only
problem with this ticket and Mr. Leverett and I’ll tell you what. Let’s go this route. Let’s go
back to the Administrator’s office because ---
Mr. Mayor: Sir, I’ll tell you. If it’s an active court case we don’t have ---
Mr. Walton: (inaudible)
Mr. Mayor: But it’s in the courts.
Mr. Walton: If it’s in court don’t you ---
Mr. Mayor: But ---
Mr. Walton: --- in May of ’06 ---
Mr. Leverett: Mr. Mayor?
Mr. Mayor: Mr. Leverett.
Mr. Leverett: If I may say Mr. Walton has been to court on several occasions. We found
that out and each time he goes he asks for a continuance. So that’s why it’s in the court that
long.
Mr. Mayor: Okay, well, whatever happened in ’06 if this is an active court case then this
body has no jurisdiction to make a decision on it.
Mr. Walton: We had a problem. The reason why we were here in ’06 I had a problem
with the employees ---
Mr. Mayor: Okay.
Mr. Walton: --- and that has never been addressed since ’06.
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Mr. Mayor: But, sir, once again what I’m saying by the letter of the law we have no
authority it make a decision as long as there is an active court case on this.
Mr. Walton: When I was before you with a problem regarding the employees ---
Mr. Mayor: You’ve come before us today not enlightening most folks on the ---
Mr. Walton: I’ve enlightened very much.
Mr. Holland: Mr. Mayor?
Mr. Grantham: Point of order, Mr. Mayor. I don’t think we need to have an argument
going on here as to what needs to take place.
Mr. Mayor: I agree.
Mr. Grantham: It’s already been decided that we’re not to oversee this ---
Mr. Mayor: Yes.
Mr. Grantham: --- conversation so I think we’ll move on to the next item, please.
Mr. Mayor: Yes, sir. Commissioner Holland.
Mr. Holland: Thank you, Mr. Mayor. In view of the fact that this is in court I withdraw
that motion and hopefully this will get worked out you know like it’s supposed to.
Mr. Mayor: Thank you, sir.
Mr. Walton: Thank you.
Mr. Mayor: Okay.
The Clerk: Our next ---
Mr. Mayor: Well, that was confusing. Madam Clerk, on to the next one.
The Clerk:
DELEGATIONS
E. Mr. Pete Caye. RE: Meth Project. (Requested by Commissioner Don Grantham)
Mr. Mason: It’s not in court, is it?
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Mr. Caye: Mr. Mayor, thank you and fellow Commissioners. I told Don I’m not real
good at talking in front of folks so I’ll do my best. Anyhow this presentation normally takes
about 35 or 45 minutes so I’ll squeeze it into five minutes.
Mr. Mayor: Well, if you’re nervous you’ll talk fast.
Mr. Caye: I’ll talk real fast. I was called from a buddy of mine in Atlanta by the name of
Lee Shaw and he was recruited by the Attorney General of Georgia to gather some folks to have
an awareness program brought to Georgia from a fellow by the name of Tom Sewell who
brought this program to Montana. The problem that we have is called Crystal Meth. Don’t get it
confused with crack, don’t get it confused with heroine, don’t get it confused with any other
drug. There’s no other drug that’s close. It’s called Crystal Meth Amphetamine or the street talk
it’s Crystal Meth. And we’ve got a big problem in this town and we’ve got a big problem the
state. The state of Georgia is the third worse state for usage of Crystal Meth in America, period
paragraph end. There’s origins of the first date, Montana when they took this program to
Montana and you can see a few of the ads. It’s an awareness program and with that being said
we can’t do anything with the folks that are already on it. God Bless them. Nine out of ten
people who try this stuff are hooked that are addicts. Less then 10% of the people that get on
this stuff ever get off, ever. The problem that we’ve got from a county and what we’re bringing
to Augusta is called the CSRA Meth Project. I’ve called in Jim Holt, a buddy of mine and Clay
Boardman a buddy of mine to help with this and I’m going to all the folks in the CSRA, the
Mayor of Aiken, the Mayor or North Augusta, the Commissions, the churches, the hospitals the
schools and I’m going to work up some muster and talk to all those folks. And we’ve got to
bring this awareness program to Augusta. So Lee asked me, I asked Lee I said what do you need
out of Augusta? He said well they’re raising $6 million dollars statewide and he wants
$500,000.00 out of Augusta. And I said I’ll do it. I said we’ll raise it somehow. And I just
came off of two big campaigns for the Kroc Center and the Fisher House and I told them I’m
kinda out of bullets but I’ll do it anyway. So with that being said where’s, I want y’all to look at
this stuff. And if you don’t have a, don’t let this eat at my five minutes.
Mr. Grantham: It’ll scare you.
Mr. Caye: Each one of y’all have a packet on this and in there as well. And my phone
number’s in there. You’re welcome to call me, I’ll go to your churches, and I’ll go the civic
clubs. The gentleman that spoke first about the Cabbage Patch. He saw it last week at the
Kiwanis Club. I’ve got these boys coming down from Atlanta. Karyn saw it last week at the
Exchange Club and it is shocking. We’ve got to get it to work. I want to read a letter that
Dudley Bowen wrote to Lee. He saw this thing at the Kiwanis Club two weeks ago. He said
Gentlemen, thank you very much for coming to Augusta. Your talk to the Aquinas Club was
enlighting and somewhat disturbing. Naturally because of my background I’m aware of the
consequences of methamphetamine intruding into our state. Please accept this enclosed token of
my support and endorsement of the program. Kindly, Dudley Bowen.
Mr. Grantham: Mr. Mayor, if you don’t mind I’m going to just speak up right quickly
while they’re doing this. But I too saw this at our Exchange Club and when Pete called me I got
on board with him immediately to help support this and to try and raise some funds for it. But
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these are our children. These are kids that are thirteen to eighteen years old and these are the
ones, these are your grandchildren and your children that are being affected by this deadly drug.
And that’s exactly what it is. When a person gets on it and they they’re on it for like less than a
year they age forty years with this drug. It is made up of twelve ingredients that is absolutely
awful. Battery acid being one of them. So it’s just unbelievable what this drug is doing to our
country and to the next generation that could supposedly be the leaders of this country. So I urge
you if you look at it and not only make a contribution in the future out of your own money but I
hope Mr. Mayor we can find someone within this government to support this effort being
throughout the State of Georgia.
Mr. Mayor: Well, as they’re working on that I will share with you. The former
Commissioner of the Department of Corrections, Commissioner Donald who is a good friend of
mine shared with me last year that if the incarceration rate in Georgia continues at the same rate
it’s going at now we’ll have to spend $15 billion dollars on new prisons in the next twenty years
I believe it is. And the number one issue they’re having in the prison system and with
incarcerations in Georgia is methamphetamine. Am I not right, Mr. Leverett? So this is a big
issue.
Mr. Caye: I’m going to show y’all a couple of them. This is the advertisements that will
be shown on television.
Mr. Mayor: Okay, we’ve got time for one more Pete and I hate to cut you short but ---
Mr. Caye: It’s strong stuff. I was told they asked for a resolution from you guys to
support this program. I don’t know if that’s the right way I don’t how the government works but
we need y’alls help.
Mr. Mayor:a motion from the Commission to pass a, have the
I would request for
Attorney draft a Resolution to pass I mean go ahead and pass it, have the Attorney draft it
in support of the CSRA Meth Project.
Mr. Grantham: So moved, Mr. Mayor.
Mr. Jackson: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign.
Motion carries 10-0.
Mr. Mayor: And, Pete, I just want to say I know what you’ve done with the Fisher
House, with the Kroc Center and thank you for working on both those projects. And having
been through what you’ve been through on that I know that this must be important for you to
take it on. So thank you for this as well.
Mr. Caye: Very important. Thank y’all.
12
Mr. Mayor: Okay, Madam Clerk, I think we’re done with invocations, recognitions,
delegations and presentations so now we can go on to the consent agenda.
The Clerk: Our consent agenda consists of items 1-39, items 1-39. For the benefit of any
objectors to our Planning Petitions when those petitions are read if there are any objectors would
you please signify your objection by raising your hand once the petition is read.
Item 1. For a Special Exception for property located at 620 Laney Walker Boulevard
Extension.
Item 2. Is a request for a change of zoning from a Zone P-1 (Professional) to a Zone B-2
(General Business) affecting property at 3624 Peach Orchard Road.
Item 3. Is change to modify with conditions from a B-1 (Neighborhood Business)
Zoning affecting property at 3633 Wrightsboro Road.
Item 5. Is a request for a Special Exception for property located at the southeast corner of
the intersection of the CSX Railroad line at North Leg Road.
Item 6. Is a request for a change of zoning from an R-3B (Multiple-family Residential)
to a Zone P-1 (Professional) affecting property known as 105, 111, 113, 119, 123, 127, 131 and
135 Eve Street.
Item 7. Is a request for a Special Exception for property located at 933, 937 and 941
Cedar Street.
Item 8. Is a Special Exception affecting property located at 3692 Windsor Spring Road.
The Clerk: Are there any objectors to any of those Planning Petitions?
Mr. Mayor: Don’t see any?
The Clerk: Don’t see any. I call your attention to our Public Services portion of the
agenda. If there are any objectors to any of our alcohol petitions would you please signify your
objection by raising your hand once the petition is read.
Item 9. Is for a retail package Beer & Wine license to be used in connection with
property at 3040 Meadowbrook Drive.
Item 10. Is for a retail Beer & Wine license to be used in connection with property
located at 1801 Marvin Griffin Rd.
Item 11. Is for a retail package Liquor, Beer & Wine license to be used in connection
with property located 3745 Peach Orchard Road.
Item 12. Is for a retail package Beer & Wine license to be used in connection with
property located at 1898 Gordon Hwy.
Item 13. Is for an on premise consumption Liquor, Beer & Wine license to be used in
connection with property located at 2801 Washington Rd.
Item 14. Is for a retail Beer & Wine license to be used in connection with property
located at 2703 Washington Road.
Item 16. Is for an on premise consumption Liquor, Beer & Wine license to be used in
connection with 2820 Washington Rd.
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Item 17. Is for a retail package Beer & Wine license to be used in connection with
property located at 3021 Washington Road.
Item 18. Is for retail package Beer & Wine license to be used in connection with 3221
Wrightsboro Rd.
Item 19. Is for an on premise consumption Liquor & Beer license to be used in
connection with property at 879 Broad Street.
The Clerk: Are there any objectors to any of those alcohol petitions?
Mr. Mayor: None noted.
The Clerk: Our consent agenda consists of items 1-39.
Mr. Mayor: Do we have any additions to the consent agenda? Commissioners Grantham
and Hatney, do you guys have any additions to?
Mr. Grantham: We’re trying to find out what’s going on back here. We don’t tell y’all
that?
The Clerk: Did you find out?
Mr. Grantham: Not yet.
Mr. Mayor: Once again do we have any additions to the consent agenda?
Ms. Beard: Mr. Mayor, what about ---
Mr. Mayor: Commissioner Beard.
Ms. Beard: --- number 41?
Mr. Mayor: Forty-one, is everybody okay with that? Okay, any further additions to the
consent agenda. Commissioner Bowles.
Mr. Bowles: Mr. Mayor, I’d like to add item forty-six.
Mr. Mayor: Okay, do we have any further additions to the consent agenda.
Mr. Hatney: Item forty.
Mr. Grantham: Yes.
Mr. Mayor: Okay, any further additions to the consent agenda. Okay, do we have any
items to be pulled for discussion? Commissioner Holland.
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Mr. Holland: Thank you, Mr. Mayor. I’d like to have item number five from the consent
to be pulled just for clarification purposes on Mr. Patty if possible.
Mr. Mayor: Okay, can we get somebody from Planning and Zoning to speak to that one?
Mr. Patty.
Mr. Patty: Yes, sir. This is a location right where the railroad crosses North Leg. It’s
right actually at the overpass. They want to put a monopole telecommunication tower at this
location which for structural reasons can’t exceed 200 feet in height. And there are no houses
around it. We did put a sign on Sibley Road but that would be the entrance road. The actual
location would be all the way over on North Leg. So it wouldn’t affect any houses and there
were no objectors.
Mr. Holland: Okay.
Mr. Mayor: Okay, all right to keep that one on there?
Mr. Holland: Thank you.
Mr. Mayor: Okay. Do we have any further items, okay. Hearing none if I could get oh,
Commissioner Jackson.
Mr. Jackson: Is this a consent to add and approve or is it consent for (inaudible).
The Clerk: We need to add it.
Mr. Jackson: Add it.
The Clerk: Add it to the agenda.
Mr. Mayor: Okay.
The Clerk: Commissioner Jackson has a request for an item to be added to the agenda.
Mr. Mayor: Okay.
The Clerk: And it’s the alcohol beverage application that’s I think was distributed to you
through the License and Inspections Department. It’s for the Washington Square Country Club,
LLC and Mr. Sherman there are no objectors, right? Mr. Sherman, are you recommending
approval from the Sheriff’s Department? Is he okay?
Mr. Sherman: (inaudible)
The Clerk: Okay and this is for transfer of ownership. Could I just have Mr. Sherman
come to the podium?
15
Mr. Mayor: Yes, please.
The Clerk: For the record ---
Mr. Mayor: Mr. Sherman.
The Clerk: --- it was this application is so that we won’t have any misunderstandings
later.
Mr. Grantham: Just to add and approve.
The Clerk: No, you need it too? Okay.
Mr. Sherman: Commissioners before you is a new ownership application. It has to do
with the Washington Square Country Club, Inc. 2834 Washington Road, Suite F. The reason it’s
before you the way it is, is that the business deal was just worked out. They are trying to get it
completed this year. The License Department has reviewed the application and the Sheriff’s
Department has also reviewed the application and recommend that it be approved.
The Clerk: There are no objectors for the record.
Mr. Sherman: There are no objectors.
The Clerk: Okay.
Mr. Mayor: Do we have consent to add the agenda item?
The Clerk: Consent to add this item?
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Is this been advertised for this meeting?
Mr. Sherman: Hasn’t it been advertised?
The Clerk: Hasn’t it been advertised?
Mr. Brigham: Then I don’t think we can do it if it hasn’t been advertised. I need to know
from somebody.
Mr. Sherman: The existing location ---
Mr. Brigham: You don’t have to advertise a change of ownership?
Mr. Sherman: No, because it’s already ---
16
Mr. Brigham: Okay, that’s what I wanted to know.
Mr. Mayor: Okay, we do have unanimous consent to add it?
Mr. Brigham: As far as I’m concerned.
The Clerk: And Mr. Jackson is requesting that it be added to the consent agenda. Right?
Mr. Mayor: Okay, unanimous consent on that? Okay. Thank you, sir. With that I
would look for a motion to approve the consent agenda.
Mr. Holland: So moved.
Mr. Mason: Second.
CONSENT AGENDA
PLANNING
1. Z-09-63 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve with the following conditions 1) that a 15 foot vegetative buffer be
maintained along the north and east property lines; a petition by Bernard Johnson, on
behalf of Laney Memorial Park, Inc., requesting a Special Exception to expand an existing
cemetery per Section 26-1 (m) of the Comprehensive Zoning Ordinance for Augusta-
Richmond County affecting property containing approximately 3.03 acres and will become
part of the cemetery that has an address of 620 Laney Walker Boulevard Extension. (Tax
Map 061-0-15-03-0) DISTRICT 1
2. Z-09-66 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve with the following condition 1) that a circular driveway be
approved and constructed before a Certificate of Occupancy is issued; a petition by C.
James Parker requesting a change of zoning from Zone P-1 (Professional) to Zone B-2
(General Business) affecting property containing approximately 1.02 acres and is known as
3624 Peach Orchard Road. (Tax Map 155-0-056-00-0) DISTRICT 6
3. Z-09-67 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Sherwood Belangia, on behalf James R. Franklin,
requesting to modify conditions to a B-1 (Neighborhood Business) Zoning established in
1999 (Z-99-46) affecting property containing approximately 7 acres and is known as 3633
Wrightsboro Road. (Tax Map 040-0-040-00-0) DISTRICT 3
4. FINAL PLAT – HOPETOWN VILLAS, PHASE II, SECTION I-S-791-I – A request for
concurrence with the Augusta Richmond County Planning Commission to approve a
petition by H. Lawson Graham and Associates, on behalf of Joseph F. Adams Jr.,
requesting final plat approval for Hopetown Villas, Phase 2, Section 1. This residential
townhome subdivision is located off Abaco Lane at Swindon Drive, adjacent to Hopetown
Villas, Phase 1 and contains 6 lots. (Reviewing agency approval 8-6-09)
5. Z-09-62 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve with the following condition 1) that tower be a monopole; a
petition by American Tower Corporation, on behalf of Harry E. Dawson Jr., requesting a
Special Exception to establish a telecommunication tower per Section 28-A-6 of the
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Comprehensive Zoning Ordinance for Augusta-Richmond County. The proposed 20 foot
wide ingress/egress easement would be located at the southwest corner of the intersection of
the southwest right-of-way line of Sibley road and the southeast right-of-way line of the
CSX Railroad Line and will contain a tower compound comprising .23 acres that is located
approximately 164 feet from the southeast corner of the intersection of the CSX Railroad
line and North Leg Road. DISTRICT 5
6. Z-09-65 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by W.R. Toole Engineers, on behalf of The Salvation
Army, requesting a change of zoning from Zone R-3B (Multiple-family Residential) to
Zone P-1 (Professional) with a Special Exception to establish a community center as part of
the Kroc Center per Section 20-2 (a) of the Comprehensive Zoning Ordinance for Augusta-
Richmond County affecting property located on the southwest corner of the intersection of
Eve Street and Crescent Lane containing approximately l9 acres and is known as 105,111,
113, 119, 123, 127, 131 and 135 Eve Street. A complete list of the tax parcels is available at
the Planning Commission office. DISTRICT 1
7. Z-09-61 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Larry McCord, on behalf of Galilee Missionary
Baptist Church, requesting a Special Exception to expand an existing church and church
related activities per Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta-
Richmond County affecting property containing .46 acres and is currently known as 933,
937 and 941 Cedar Street. (Tax Map 059-2-274-00-0, 059-2-275-00-0 and 059-2-276-00-0)
DISTRICT 1
8. Z-09-64 - A request for concurrence with the Augusta Richmond County Planning
Commission to approve with the following condition 1) that the site plan will substantially
conform to the concept plan submitted with this petition regarding the 50 foot undisturbed
natural buffer on the north and east property lines; a petition by Bluewater Engineering,
on behalf of Windsor Spring Baptist Church, requesting a Special Exception to expand an
existing church per Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta-
Richmond County affecting property containing approximately 11.48 acres and is known
as 3692 Windsor Spring Road. (Tax Map 141-0-007-02-0) DISTRICT 4
PUBLIC SERVICES
9. Motion to approve New Ownership Application: A.N. 09-107: A request by Anil Patel
for a retail package Beer & Wine license to be used in connection with Om Sai Foodmart,
LLC located at 3040 Meadowbrook Drive. District 5. Super District 9. (Approved by Public
Services Committee December 7, 2009)
10. Motion to approve New Ownership Application: A.N. 09-108: A request by Soo H. Yun
for a retail package Beer & Wine license to be used in connection with Lucky Store located
at 1801 Marvin Griffin Rd. District 2. Super District 9. (Approved by Public Services
Committee December 7, 2009)
11. Motion to approve New Ownership Application: A.N. 09-109: A request by Wang Soo
Kim for a retail package Liquor, Beer & Wine license to be used in connection with S.S.
Paek Enterprises, Inc. DBA Overpass Package Store located at 3745 Peach Orchard Rd.
District 6. Super District 10. (Approved by Public Services Committee December 7, 2009)
12. Motion to approve New Ownership Application: A.N. 09-110: A request by Amarjit
Kaur for a retail package Beer & Wine license to be used in connection with A.M.P.M.
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Food Store, Inc. located at 1898 Gordon Hwy. District 5. Super District 9. (Approved by
Public Services Committee December 7, 2009)
13. Motion to approve New Ownership Application: A.N. 09-111: A request by Jia Ping Lin
for an on premise consumption Liquor, Beer & Wine license to be used in connection with
Miyako Sushi Steakhouse located at 2801 Washington Rd. There will be Sunday Sales.
District 7. Super District 10. (Approved by Public Services Committee December 7, 2009)
14. Motion to approve New Application: A.N. 09-112: A request by Barbara F. Ogden for a
retail package Beer & Wine license to be used in connection with Georgia CVS Pharmacy,
LLC DBA CVS Pharmacy #4583 located at 2703 Washington Rd. District 7. Super District
10. (Approved by Public Services Committee December 7, 2009)
15. Motion to approve a request by Pamela Hall for an extension of time to purchase the
Alcohol License for The Grill located at 553 – 559 Broad St. There will be Dance. District 1.
Super District 9. (Approved by Public Services Committee December 7, 2009)
16. Motion to approve New Ownership Application: A.N. 09-114: A request by John H.
Fiske for an on premise consumption Liquor, Beer & Wine license to be used in connection
with Somewhere in Augusta located at 2820 Washington Rd. There will be Sunday Sales.
District 7. Super District 10. (Approved by Public Services Committee December 7, 2009)
17. Motion to approve New Ownership Application: A.N. 09-115: A request by Ramesh
Trehan for a retail package Beer & Wine license to be used in connection with Raceway
#868 located at 3021 Washington Rd. District 7. Super District 10. (Approved by Public
Services Committee December 7, 2009)
18. Motion to approve New Ownership Application: A.N. 09-113: A request by Dimple
Kaur for a retail package Beer & Wine license to be used in connection with Smart
Grocery located at 3221 Wrightsboro Rd. District 3. Super District 10. (Approved by
Public Services Committee December 7, 2009)
19. Motion to approve New Application: A.N. 09-106: A request by Anthony J. Evangelista
for an on premise Liquor & Beer license to be used in connection with Wheels Corner Pub
located at 879 Broad St. There will be Dance. District 1. Super District 9. (Approved by
Public Services Committee December 7, 2009)
20. Motion to approve request for approval to authorize Morris Communications
Company, LLC to sub lease their hangar located at 1530 Hangar Road, Augusta Regional
Airport, Augusta, Georgia 30906 to Arrow Trading Company. The Augusta Aviation
Commission reviewed and approved this request at their September 24, 2009 meeting
pending legal review and approval. Legal counsel has reviewed and approved this
document. (Approved by Public Services Committee December 7, 2009)
ADMINISTRATIVE SERVICES
21. Motion to approve Energy Efficiency and Conservation Strategy for Augusta.
(Approved by Administrative Services Committee December 7, 2009)
PUBLIC SAFETY
22. Motion to approve award of RFP #09-126 Georgia Search and Rescue Protocols
Training. (Approved by Public Safety Committee December 7, 2009)
23. Motion to approve Fishnet Security as the vendor of choice for RFP #09-094B, Blue
Coat Web Proxy. (Approved by Public Safety Committee December 7, 2009)
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24. Motion to approve the submission of an application for broadband expansion by
Information Technology. (Approved by Public Safety Committee December 7, 2009)
25. Motion to approve Electrical Design Consultants, Inc. as the vendor of choice for RFP
#09-157, Electrical Consultant for Generator and Uninterruptible Power Supply
Installation. (Approved by Public Safety Committee December 7, 2009)
26. Motion to approve changing three job titles at the Augusta 9-1-1 Center at no financial
increase to the budget. (Approved by Public Safety Committee December 7, 2009)
FINANCE
27. Motion to approve the replacement of two multipurpose emergency response fire trucks
for the Augusta Fire Department. (Approved by Finance Committee December 7, 2009)
28. Motion to approve the purchase of 1 skid steer loader for the Facilities Maintenance
Department-Trees and Landscape Division. (Approved by Finance Committee December 7,
2009)
29. Motion to approve refund request from the Tax Assessors Office for December 2009.
(Approved by Finance Committee December 7, 2009)
ENGINEERING SERVICES
30. Motion to approve the purchase of furniture, through the state contract with Modern
Business Systems, Inc., in the amount of $118,716.90, in conjunction with the renovation of
the old Atlanta Gas Light building that is to serve as the AUD maintenance operation
center. (Approved by Engineering Services Committee December 7, 2009)
31. Motion to approve the purchase of a 2010 Fuel and Lube Truck for the Augusta Solid
Waste Facility. (Approved by Engineering Services Committee December 7, 2009)
32. Motion to approve award of the contract for exterior painting of the Municipal
Building Annexes and Planning and Zoning Building to United Painting, Inc. of Piedmont,
SC in the amount of $27,000. To be funded from SPLOST GL – 323-04-6211-54-13120.
(Approved by Engineering Services Committee December 7, 2009)
33. Motion to approve funding from the project construction account (CPB# 323-041110-
299823595) in the amount of $28,033.77 for Beams Pavement Maintenance Co. for the
subject project as requested by AED. (Approved by Engineering Services Committee
December 7, 2009)
34. Motion to authorize condemnation to acquire title of a property for purchase for
Augusta Fire Department Station #10 Construction. PIN: 013-3-001-00-0. (Requested by
Commissioner Brigham) (Approved by Engineering Services Committee December 7,
2009)
35. Motion to approve funding from the project construction account (CPB# 324-041110-
201824117) in the amount of $63,177.23 for Mabus Brothers Construction as requested by
AED. (Approved by Engineering Services Committee December 7, 20909)
36. Motion to authorize execution of Change Order #3 in an amount not to exceed
$60,645.00 to Crowder Construction for additional work at the Goodrich Street Raw
Water Pumping Station. (Approved by Engineering Services Committee December 7, 2009)
37. Motion to approve an option for the purposes of acquiring a Right-of-Way between
Monument Leasing Corporation, as owner, and Augusta, Georgia, as optionee, in
connection with the Marvin Griffin Road Improvement Project, conveyed in fee simple
(3,153 sq. ft.) more or less; and (75 sq. ft.) of permanent easement, and (1,400 sq. ft.) of
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temporary construction easement from property located at: 1703 Marvin Griffin Road,
private, at the purchase price of $2,400.00. (Approved by Engineering Services Committee
December 7, 2009)
PETITIONS AND COMMUNICATIONS
38. Motion to approve the minutes of the regular meeting of the Commission held on
December 1, 2009 and the Special Called meeting held on December 7, 2009.
APPOINTMENTS
39. Motion to approve the appointment of James T. Garren to the Historic Preservation
Commission representing District 6.
ADMINISTRATIVE SERVICES
40. Motion to approve amending the City’s 2008 Action Plan for the Reprogramming of
$12,250 in CDBG Funds and $80,000 in HPRP Funds.
FINANCE
41. Consider a request from Paine College for city sponsorship through the purchase of
th
tickets for the 10 Annual Scholarship Masked Ball.
ADMINISTRATOR
46. Motion to approve SPLOST VI bond resolution and authorize the Mayor and Clerk to
sign all necessary documents.
Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual
sign.
Mr. Hatney abstains.
Motion carries 9-1. [Items 9–19]
Mr. Brigham votes No.
Motion carries 9-1. [Item 41]
Motion carries 10-0. [Items 1-8, 20-39, 40, 46]
Mr. Hatney: I abstain on alcohol.
The Clerk: I didn’t hear you.
Mr. Hatney: Abstain on alcohol, please.
The Clerk: Okay, that motion carries with Commissioner Hatney abstaining on the
alcohol petitions.
Mr. Brigham: Mr. Mayor?
21
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: I’d like to be recorded as a No vote on item number forty-one.
The Clerk: Commissioner Brigham No on item twenty-one.
Mr. Brigham: Forty-one.
Mr. Mayor: Forty-one.
The Clerk: Forty-one.
Mr. Mayor: Okay, Madam Clerk, um, first agenda item.
The Clerk: Item number five, you want to deal with that one?
Mr. Mayor: Which one? No, we’ve already had unanimous consent.
The Clerk: Mr. Patty took care of that?
Mr. Holland: We already took care of that.
The Clerk: Okay.
Mr. Holland: That’s fine, thank you.
The Clerk: Okay, so we’ll go to ---
Mr. Mayor: Forty-two, I believe.
The Clerk:
SUBCOMMITTEE
Chronic Nuisance Ordinance
42. Update from the Law Department regarding the Chronic Nuisance Ordinance.
(Requested by Commissioner Bowles)
Ms. Johnson: Mr. Brown.
Mr. Brown: Mr. Mayor, Mayor Pro Tem, Commissioners License and Inspection and the
Law Department has looked into the concerns regarding a Chronic Nuisance Ordinance. And we
Commission form a
have come to the conclusion and recommend that the Committee that the
committee of certain governmental employees, arepresentative from License and
Inspections, Planning and Zoning, the Marshall’s Office, the Sheriff’s Office and the
Solicitor’s Office.
What we are concerned with is that the Chronic Nuisance Ordinance
22
movement or proposal is probably a more extreme step than we need to take a first look at
improving the situation in some of Augusta’s neighborhoods. There are legitimate concerns and
the steps that we believe need to be taken at this time is to improve upon the existing ordinance
which does not clearly define all of the nuisances and specificities to give people ideas exactly
what are nuisances. However some of the concerns of a Chronic Nuisance Ordinance is they
lead, it could possibly lead to due process challenges. And it should be noted that no other
Commission, no other counsel within the state of Georgia has taken that route. There are few
communities across the nation that have begun to look at and take that route. But I think as a
governmental body you will want to take a reasonable concern and conservative approach in
terms of amending and improving upon our ordinances. Mr. Sherman, is there anything you
want to add?
Mr. Sherman: No, I agree with what Wayne’s saying. We’ve had many conversations
about this and as I said before our code, we have codes in our books today that address a lot of
the issues that have been brought up in the one of the model ordinances that was put out for
everyone to look at. But when we I guess in my mind when I think that we’ve got a code that
addresses all those issues in our conversations will come up with a what if situation. And again
we’ve been looking at this for a few weeks now and that’s where we are that we, something
needs to be done but then we get into the legal issues of what can be done and not take away a
property owners rights. And that’s pretty much the extent of it that we have gotten to the point
where we need to just sit down and look at it and we do have a nuisance ordinance. The
definitions are vague so we think that we can work on that ordinance and come up with
something that will serve I guess the citizens. Because it’s not only just a house in say
Harrisburg but this would affect all property owners, businesses alike. And so we want to be
careful how we approach it so that it can’t be abused.
Mr. Mayor: Okay. I’m just going to say that and we’ve identified that there’s, something
needs to be done. We’ve talked about this issue for a long time. I think we need to expedite the
process and I’m in an agreement to form the committee. We need to give a drop-dead date for
them to come back with recommendations so that we go ahead and act on this. Because once
again we’ve talked about it for quite some time. Commissioner Bowles.
Mr. Bowles: Thank you, Mr. Mayor. Just like the Patch we try to do things and we get
the community involvement in the Patch. I think we would be foolish not to involve the people
that have researched the Chronic Nuisance and at least have them and several others from across
our community serve on boards so that the community you know their concerns can be heard and
addressed at the same time this is being looked at.
Mr. Mayor: So would you like?
Mr. Bowles: I’ll put that in the form of a motion that we form the committee you
know that was recommended plus four citizens from the community.
set time frame for
Mr. Mayor: Okay, and what about including in your motion giving a
the committee to report with recommendations.
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Mr. Bowles: Sure. How long, 60-90 days?
Mr. Mayor: Mr. Brown.
Mr. Brown: I think it would at the very least take 90 days. And if I may Mr. Bowles,
Commissioner Bowles, I think I certainly had anticipated that this committee would not come
back to you without involving the community. But if there are going to be four members of the
community I think we need a balance of a few of the community maybe such as having one
person of residential property, one landlord and at least one business owner. Because this is not
going to affect just the neighborhood. Just want to take the business owners and what we don’t
want as a governmental body we have to enforce the law. So if the citizens are going to be on
the board which will be no problem or the approach to be taken at this committee to involve
more than just four people could easily have a public hearing so you can really get a view of
what citizens are thinking and not un-appointed leaders of a community.
Mr. Bowles: Well, I think if this body makes the appointments of those people they
would be an appointed member of the community. So my concern is that you know while this
will affect business owners it’s the neighborhood that’s being affected now. And it’s time to act
and we quit dancing around the issue and go ahead and get something done.
Mr. Mayor: Okay, so would you like to add the 90-day window for ---
Mr. Bowles: Ninety to 120, yes.
Mr. Mayor: Okay. Do we have a second for Mr. Bowles motion?
Ms. Beard: Second.
Mr. Mayor: We have a motion and a second. Commissioner Hatney.
Mr. Hatney: With this though we also hope that we will come back recommending that
this absolutely legal and does not violate individual constitutional rights because at the end of the
day that’s what this is all about. Because we’d pass it today if it wasn’t for the fact that you’ve
got to be very careful about something of this magnitude particularly when we recently we
learned there’s no such animal in the State of Georgia. But we do have a nuisance ordinance that
needs to be improved and empowered and acted upon and enforced. So hopefully that will be
included in y’all research and discovery and it be brought back by you too because you’re the
ones who we look to, to get this thing in order.
Mr. Brown: Yes, sir.
Mr. Mayor: Okay. Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. This would include someone from the Legal
Department because I think Rob and I talked about this last year. It might have been last
summer and I came to them with the same concerns because of certain areas in my district and of
24
course into the infringement of human rights we could not impose this ordinance at that time
based on that. And so I had to withdraw that from the books. But I think at the end of the day
we need to make sure that someone is advising them at least legally so they’ll know what they
can and cannot do. Because it’s a thin line when you talk about this, this issue and it is a serious
issue. I told them from the beginning I support what they are doing. I wish there was more we
could do. But based on information that was brought legally we could not do for so much. So I
would advise that at least Legal is involved in this process and they kind of give them the input
on what they can and cannot do while they’re putting this format in this consensus.
Mr. Mayor: Absolutely. Commissioner Brigham, did you?
Mr. Brigham: Mr. Mayor, I am concerned about this. I would think that we would make
sure that they would have at least two or three public hearings not just one. And probably one
scheduled after six-o’clock at night.
Mr. Mayor: Okay.
Mr. Brigham: I would hope that would be into the instructions as go to the committee.
Mr. Mayor: Okay.
Mr. Brigham: Another thing I’m concerned about is I think maybe you or the Mayor Pro
Tem ought to look at serving on this Committee in addition. Because I think we need to have an
elected official involved in it.
Mr. Mayor: Okay. I’ve got my hands full with Committees. At least we just got done
with one last week. Commissioner Hatney.
Mr. Hatney: The only statement I want to make when I mention legal we’ve got an
Attorney and we’ve got Mr. Sherman there. These folks need to be the ones to take the lead in
this.
Mr. Mayor: Absolutely.
Mr. Hatney: We don’t need to be looking for no more legal folks. We got an Attorney
who’s making the presentation, Mr. Sherman, is that right, standing right next to him. We’re
looking for them for guidance. And so what they bring back among these other folk, that’s what
we need to act on.
Mr. Mayor: Okay. Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. And you know we have a Nuisance Ordinance
now in place. That needs to be modified, it needs to be amended to handle the behavioral issues
of the ones that we’re talking about that is being requested and recommended by the
neighborhood and by the other people out there. So you know we don’t have to reinvent the
wheel. We just need to improve the conditions that we have right now and make sure that
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they’re carried out. You’ve got two situations here. You have a criminal issue that you’re going
to have to be involved with, with the Sheriff. And then you have a civil issue that you’re going
to have to be involved with within our Inspections Department. So that constitutes a problem
right there to start with. So we need to have those people on board making sure of the direction
that we go in is going to be the right direction and one that we can support and endorse.
Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion, oh
yes, sir, Mr. Brown.
Mr. Brown: There was one other department that Rob and I thought should be involved
because it’s often involved with these causes of nuisances and that would be a representative
from the Fire Department.
Mr. Grantham: Absolutely.
Mr. Mayor: Absolutely.
Mr. Hatney: That’s y’all’s call.
Mr. Mayor: Absolutely. Okay Commissioners will now vote by the usual sign.
Mr. Mason: What’s the motion?
Mr. Hatney: What’s the motion, Madam Clerk?
Mr. Mayor: Madam Clerk?
The Clerk: Receive the recommendation from the Law Department regarding the
formation of a committee to include four members from the community to have a report back to
the Commission within a 90 to 120 day time period.
Mr. Hatney: Thank you, that’ll work.
Mr. Mayor: Commissioners will now vote by the usual sign.
Motion carries 10-0.
The Clerk:
SUBCOMMITTEE
Civil Defense Ordinance
43. An Ordinance to amend the Augusta-Richmond County Code Title One, Section 1-7-2
and to amend the Charter of Augusta-Richmond County, Georgia adopted under and by
virtue of the authority of Georgia Constitution, Article 9, Section 2, Paragraph I (“Home
Rules for Counties and Municipalities”) and to create a new Section 1-7-3; to provide for
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the defense of Augusta-Richmond County employees; to establish a system of notification;
to provide for grounds of refusal; to establish a system or administration; to repeal all
Code sections and Ordinances and parts of Code sections and Ordinances in conflict
herewith; to provide an effective date and for other purposes.
Mr. Mayor: Madam Attorney, would you?
Ms. Johnson: Yes, we were charged as the Law Department initially with a Charter
Review. This is the beginning of our Charter review. Some of the issues addressed in this
charter amendment relate to the inconsistencies between the consolidation bill and what our
ordinances and charters say about the provision of legal services. Additionally one of the issues
that we have encountered is in our Code of Ordinances. The only time that a legal defense is not
provided to someone that is employed by Augusta-Richmond County relates to misuse of county
funds. That is not specific enough. One of the particular problems that we have had relates to
the use of motor vehicles that belong to the County. We have had GPS systems installed in those
vehicles. We have an Accident Review Board reviewing accidents that have been had by
employees that are not necessarily in the course of employment when they’ve had those
accidents. Specifically the Charter Amendment delineates what will be provided as a defense,
how notice will be provided and the limitations on the authority of the Law Department that were
never defined outside of the consolidation bill. Again, this tracks state and local law in Georgia.
Mr. Mayor: Do we have any questions, comments?
Mr. Mason: Where do we begin?
Mr. Hatney: Mr. Mayor ---
Mr. Mayor: Obviously we don’t have any attorneys on the Commission.
Mr. Hatney: -- one of the, the only thing I’m going to say is that when this was brought
receive
before the Administrative Services Committee we advised that the, to leave that, to that
simply as information and to make a formal request that theAttorney meet with the
Commissioners individually or by two’s to explain. Because that’s the stuff that’s in here that as
any with good conscience I just can’t go for. So that’s why we asked for the review. And I think
we need to do that so I’m going to move that we take this back to do as we asked in the
Administrative Services Committee.
Mr. Grantham: Second.
Mr. Mayor: We have a motion and a second.
Ms. Johnson: Mr. Mayor?
Mr. Mayor: Yes, ma’am.
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Ms. Johnson: The Clerk of Commission set up those meetings. They started on Monday
and today and there was no participation.
Mr. Hatney: I was here.
Mr. Mayor: Okay.
Mr. Hatney: Mr. Mayor was here.
Mr. Mayor: Mr. Mayor Pro Tem.
Mr. Mason: Thank you, Mr. Mayor. Um, yeah, I was here as well. You weren’t here at
that particular time but, but uh---
Ms. Johnson: We started at ten and there was no attendance. So at eleven we had a
different meeting, not on ---
Mr. Mason: Well, here’s the thing, Mr. Mayor. From based on what I see I don’t, I
myself do not need to meet with anyone in reference to what I’m seeing here. I’m not in
agreement with it, I’m not sure how we got to this point and it’s just a personal opinion I think
it’s got to be one of the most ridiculous documents that I’ve seen. In reference to the deputizing
and these types of things, I’m not sure where we’re going with that. I’m not sure who asked for
it um, and I don’t need to meet with anyone in reference to that. I can’t agree with what I’m
seeing here. That’s just my opinion.
Mr. Mayor: Okay, if there’s no further discussion we have a motion and a second. Is
there any further discussion? Commissioner Johnson.
Mr. Johnson: Yes, I’d ask to repeat the motion, please.
The Clerk: I’m going to assume and I know that’s pretty daring of me to assume that you
were referring this back to Committee.
Mr. Mayor: Back to ---
The Clerk: You said refer it back but ---
Mr. Hatney: To continue to the process as we asked. Did we receive the ---
The Clerk: As information.
Mr. Hatney: --- as information in the Administrative Services Committee and charge the
Attorney with meeting with all these individuals to go through this stuff because most of what’s
in here, at least 50% of what’s in here I cannot support.
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The Clerk: Okay, so your motion is to accept the recommendation of the Administrative
Services Committee, which was to receive it as information and charge the Law Department to
meet with the Commission to explain the ordinance. That’s what, okay.
Mr. Grantham: Mr. Mayor.
Mr. Mayor: Okay, Commissioner Grantham.
Mr. Grantham: I second that motion and I see the importance of it from Commissioner
Hatney, but I also am somewhat confused to the fact that I’d like to know how we got this to
begin with. Maybe that needs to be cleared up as to who, who brought it forth and what
problems have we had with it already and why do we need to start correcting it when we don’t
know the problems?
Ms. Johnson: Again it was brought forth because we were charged with the Charter
review in toto with the Charter review. The Charter review has been ongoing for the last two
years.
Mr. Grantham: But this is the only Thanksgiving, Mr. Mayor ---
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: --- that we have had come up regarding the Charter review. Is this the
only issue that you have found ---
Ms. Johnson: No ---
Mr. Grantham: --- in error with the Charter?
Ms. Johnson: --- it also has been reviewed that will be on the agenda. We haven’t had
any more public meetings at the remainder of this year. So ---
Mr. Grantham: Mr. Mayor I really think that the Charter review was brought forth from
our retreat in 2009 and we ---
Mr. Mayor: It was actually 2008.
Mr. Grantham:
--- well that as well as every year that we’ve been here that we’ve had a
retreat. But personally I just think we’re barking up a tree that we really shouldn’t be trying to
I’m going to make a substitute motion that we deny the request and move
climb. And to me
on.
Mr. Mason: Second.
Mr. Mayor: Okay and Mr. Mayor Pro Tem.
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Mr. Mason: Okay, I just want, I just want to clear something up because my terminology
when I said ridiculous I just want to kind of take that back there. I just want to kind of, my
standpoint from that what I was saying one thing, from what I’m seeing here this is absolutely
too much power for any one individual to have within this government. That to me is what’s
ridiculous. So I want to make sure I’m clear on why I say this is ridiculous. I’m not sure who
asked for this, I’m not sure how we came about this from a Charter review, how we came to this
coming before this body and it’s just not something that I can support. So I did second that
motion. That is why I say it’s ridiculous. I can’t see any one individual within this government
having that kind of authority over this Commission, over the department heads or anyone else
coming out of the Law Department or anywhere else within this government of Augusta-
Richmond County.
Mr. Mayor: Okay. Commissioner Jackson.
Mr. Jackson: Thank you, Mr. Mayor. Do we have a cost associated with this?
Ms. Johnson: What cost are you referring to?
Mr. Jackson: What it cost to draft this.
Ms. Johnson: I drafted it. I mean this is common business practice for every local
government in the State of Georgia and nationwide. And there is no authority in this ordinance
that no other county attorney has across the country. Augusta is the exception rather than the
rule. Everything in here tracks state and local law and how other governments of this size handle
their legal business. And again handling it by reporting to the Commission.
Mr. Mayor: Okay, we have a substitute motion and a second. If there’s no further
discussion Commissioners will now vote by the substitute sign ---
Mr. Smith: Read it, Mr. Mayor.
The Clerk: The substitute motion ---
Mr. Mayor: The substitute motion is to deny ---
The Clerk: --- to deny the request, the ordinance.
Mr. Mayor: Okay, if there’s no further discussion Commissioners will now vote by the
substitute sign of voting.
Mr. Holland abstains.
Motion carries 9-1.
The Clerk:
30
SUBCOMMITTEE
Resolution Designating Media Accommodations
44. Resolution designating accommodations for media during public meetings of the
Augusta Richmond County Board of Commissioners and for other purposes.
Mr. Grantham: Motion to deny, Mr. Mayor.
Mr. Bowles: Second.
Mr. Mason: Discussion and point.
Mr. Mayor: Mr. Mayor Pro Tem.
Mr. Mason: Okay um, Mr. Mayor, I think you certainly were in attendance that day
when this was initially brought forward. And there was a mention of over crowdedness in the
Committee Room. And my suggestion at that time was that we hold all committee meetings as
well as any other meetings within this Commission chambers. From that I’m not sure how we
detoured to some degree to have media to be in one particular area or other. My purpose for
making that statement that day in executive session was that it was absolutely too crowded in the
committee room. We had this room available, we could utilize this room and everyone could be
in here to include the media and we wouldn’t have those issues that we were having back in the
committee room. So that was what I had made the statement to when this was brought forward.
And I’m not sure how we got detoured from that statement.
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: Certainly if you’d like we’d be happy to modify if there’s a motion on
the floor to only include those aspects of the resolution.
Mr. Mason: That’s the motion that I would. Is there a substitute because there’s a
motion on the floor so. . .
Mr. Mayor: Okay and your ---
Mr. Grantham: --- carry both of them and (inaudible)
Mr. Mayor: Yes, but your substitute motion would be, your substitute motion would be,
Mr. Mayor Pro Tem, your substitute motion would be?
Mr. Mason: To have all meetings, committee meetings and those types of things
here in the Commission chambers ---
Mr. Mayor: In order to accommodate.
--- in order to accommodate everyone.
Mr. Mason:
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Mr. Mayor: Okay.
Mr. Mason: Media, citizens you name it. This is open government.
Mr. Hatney: Second.
Mr. Grantham: Second.
Mr. Mayor: Okay, we have a motion and we have two concurrent seconds. But we have
a substitute motion and a second to hold all committee meetings in this room to accommodate
citizens and the media.
Mr. Mason: Yes, sir.
Mr. Mayor: Correct?
Mr. Mason: Yes, sir.
Mr. Mayor: Okay. Commissioner Brigham.
Mr. Brigham: Mr. Mayor, is it my understanding that we are not passing this ordinance
and that we are going to move committee meetings into this room.
Mr. Grantham: That’s correct.
Mr. Mayor: That’s the substitute motion.
Mr. Brigham: That is what’s in the process of happening.
Mr. Mayor: Yes.
Mr. Brigham: Okay.
Mr. Mason: And nothing else.
Mr. Mayor: Okay. If there’s no further discussion Commissioners will now vote by the
substitute sign.
Motion carries 10-0.
Mr. Johnson: Mr. Mayor?
Mr. Mayor: Commissioner Johnson.
Mr. Johnson: We need clarification on when will this take place.
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Mr. Mayor: I believe we just approved it. So it will be the next committee meeting.
Mr. Johnson: Okay, so it’s effective now. Thank you.
The Clerk:
SUBCOMMITTEE
Solicitation Ordinance
45. An Ordinance to amend Augusta-Richmond County Code Title 6, Chapter 6, Article 3
so as to provide regulations for solicitation, temporary and transient vendors; to provide an
effective date; to repeal conflicting Ordinances; and for other reasons.
Mr. Brown: I’m prepared to entertain any questions. I think this ordinance has been
presented to the Commission and has been discussed on several occasions. This ordinance was
brought forth or impetus through Commissioner Bowles.
Mr. Mayor: Do we have any questions on the Bowles doctrine, which is what this will
now be referred to. Commissioner Bowles.
Mr. Bowles: Mr. Mayor, I’d like to thank Wayne and I pray that we can pass this one
ordinance change today. All I’m looking for ---
Mr. Mayor: Haven’t been a good day for one.
Mr. Bowles:homeowner will have the right to put a
--- in the ordinance is so that a
little sign saying basically don’t come on my property, no soliciting whatever you want to
call it.
But just so you don’t have to live in fear and answer your door at 8:30 when it’s late at
night and you’re by yourself and just to protect the citizenry.
Mr. Hatney: Is that a motion sir?
Mr. Bowles: So moved.
Mr. Hatney: Second.
The Clerk: Are you waiving the second reading, Mr. Bowles?
Mr. Grantham: One question.
Mr. Bowles: Yes, ma’am.
The Clerk: You’re waiving the second reading?
The Clerk: Okay.
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Mr. Bowles: Just in time for Christmas.
Mr. Mayor: Okay, we have a motion and a second. Commissioner Grantham.
Mr. Grantham: Just one question. Is a permit required by the solicitors?
Mr. Brown: Yes, it is.
Mr. Grantham: Okay, so then we can ask for that if someone comes to your door. And
they should be able to provide that permit showing that they are in legal rights of coming and
asking if you don’t have the tag or what Mr. Bowles is saying. Just wanted to clear that.
Mr. Brown: Yes, sir, it is in this ordinance. The time for solicitation would be from 9:00
a.m. to 6:00 a.m. and excluded on ---
Mr. Hatney: Nine a.m. to ---
Mr. Brown: Nine a.m. to 6:00 p.m. ---
Mr. Hatney: Thank you, sir.
Mr. Brown: So no solicitation after that.
Mr. Hatney: You’re talking about prostitution then when you’re talking about 6:00 a.m.
Mr. Mason: Easy Pastor!
Mr. Mayor: Preach on preacher. Okay, we have a motion and a second. If there’s no
further hysterical laughter Commissioners will now vote by the usual sign.
Motion carries 10-0.
The Clerk:
ATTORNEY
47. Motion to approve a resolution authorizing the retirement of Alma Stephenson and the
settlement of all claims by Alma Stephenson in the aggregate amount of twelve thousand
eight hundred ninety-nine dollars and sixty-four cents and three (3) years of retirement
calculating based on the salary of $66,807.82 per annum; authorizing the County
Administrator to disburse settlement funds; waiving Augusta-Richmond County Code of
Ordinances sections in conflict for this instance only; and for other purposes.
The Clerk: Mr. Wiedmeier wanted to ---
Mr. Grantham: Yeah, Mr. Wiedmeier ---
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The Clerk: --- refer that back.
Mr. Grantham: --- wanted to refer that back.
Mr. Mayor: Mr. Wiedmeier.
Mr. Wiedmeier: Mr. Mayor and Commissioners, there seems to be a little bit of
confusion about my ability to use her services after she retires. And I think what we’d like to do
delay this and bring it back to the next meeti
is just ng where we can get with the Human
Resources director and the Administrator to work these issues out.
Mr. Hatney: So moved.
Mr. Jackson: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign of voting.
Motion carries 10-0.
Mr. Mayor: All righty, I believe, Madam Attorney, we need a Legal Meeting.
Mr. Grantham: Lena, did we do forty-six?
The Clerk: Sir?
Mr. Grantham: Forty-six, was it?
The Clerk: It was added to the consent.
Mr. Grantham: I just wanted to make sure of that. Good. Thank you.
Mr. Mayor: Madam Attorney.
Ms. Johnson: We do. Administrative Procedure and Pending and Potential Litigation.
ADDENDUM
49. Motion to approve going into a Legal Meeting.
Mr. Mayor: Can I get a motion to go into Legal for that affect?
Mr. Brigham: So moved.
Mr. Holland: Nobody wants to go into Legal.
35
The Clerk: We have a motion. We just need a second.
Mr. Mayor: We have a motion. Is there a second? Is there a second? I guess nobody
wants to go into Legal today.
Ms. Beard: Second.
Mr. Mayor: Okay, we have a motion and a second. Commissioners will now vote by the
usual sign of voting.
Mr. Johnson, Mr. Mason, Mr. Jackson, Mr. Smith and Mr. Grantham vote No.
Mr. Hatney abstains.
Motion fails 4-5-1.
Mr. Mayor: Okay, I guess no Legal today. With no further business to come before the
body we stand adjourned. And Merry Christmas everyone.
Mr. Johnson: Merry Christmas and Happy New Year.
[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
December 15, 2009.
______________________________
Clerk of Commission
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