HomeMy WebLinkAboutCOMMISSION MEETING FEBRUARY 3, 2009
REGULAR MEETING COMMISSION CHAMBER
FEBRUARY 3, 2009
Augusta Richmond County Commission convened at 2:00 p.m., February 3, 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 Joel Hawkins, Pastor, Southgate Baptist
Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: And Reverend, if you could come forward, I have something for you. Office
of the Mayor. By these present be it known that Reverend Joel Hawkins, Pastor, Southgate
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 community. Given under
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my hand this 3 Day of February 2009. Thank you for that wonderful prayer. (APPLAUSE)
Madam Clerk, on to the presentations.
PRESENTATIONS
A. Mr. Jim McLaughlin, PE Wilbur Smith Associates. RE: Update on the progress of the
Transportation Development Plan for Transit.
The Clerk: Yes, Mr. Mayor. Mr. McLaughlin at the request of the Transit Department
has asked that his presentation be rescheduled to the next meeting. Under the delegation portion
of the agenda, Mr. Roderick Pearson.
DELEGATIONS
B. Mr. Roderick Pearson. RE: Issue of automobiles being parked on the front lawns of
homes.
Mr. Mayor: And if you could keep it to five minutes, please, sir.
Mr. Pearson: Thank you very much. Good afternoon. My name is Rod Pearson. I have
come to you today because the government has a responsibility to intervene in cases when
people interfere with the economic and social status of our land. There are certain factors that
affect the value of individuals land. For instance shift in population; lack of scenic preservation
or changes in zoning can influence people and their preference for a particular area. I moved to
my area or neighborhood approximately 14 years ago to get away from a growing mentality that
was destroying parts of South Augusta. It should not have been necessary for me to move but I
did. I did because either there were ordinances that did exist or were not in force. I’m also here
today because Augusta needs to address the issue of automobiles being parked on the front lawns
of homes. Parking on front lawns of homes diminishes the value of other homes in the
neighborhood. This problem is wide spread throughout Augusta. I live on Heather Drive in
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Commissioner Joe Bowles district and the homes on my street begin at about $145,000.00. New
residents are moving in to these homes on my street. They’re parking cars on the front lawn near
the front door. This mentality is robbing me of my comfort in a well-established neighborhood
and lessening the value of my home. If they choose to park in the yard then an ordinance is
necessary in order to require the owners to construct a concrete or paved driveway in the front on
their homes. My current taxes are based on the value of my land. The mentality of parking on
the lawn at the front door will not only destroy the value of my land but it will also draw others
with the same mentality to my neighborhood. If you drive west on Walton Way you
immediately pass the Partridge Inn. You will see a royal blue convertible Mustang parked on the
front lawn of one of those homes on Walton Way. The home probably costs approximately five
or six hundred thousand dollars but the care itself is actually parked on the grass of the front
lawn. This is a problem, a growing problem. It is not immune to any particular section of
Augusta and it’s a huge problem that needs to be addressed. We have to protect our city. We
have to occasionally force our citizens to understand the value of land and the beauty of
maintaining its value. The economic characteristics of land should be as important to our people
and to our government of Richmond County as it is to our neighboring county, Columbia
County. Everyone cannot afford to move. The people of Richmond County should be protected
by its local government. The enjoyment and value of our land should be protected. The
enjoyment and value of our land should be protected. The impact of this mentality leads to a
decreased value of the land and it eventually leads to other socials ills such as crime. I’m here
today to ask you to help us clean up this problem. Help us protect our historic city. Yes I can
afford to run again like I did 14-years ago but what about my neighbors my friends and my
extended family. As an elected body of officials you’ve been given authority to provide safety
and to protect the land of those who elected to create and execute the laws in their best interests
otherwise, in other words you’ve been elected to help us out. You’ve been elected to protect our
land and we need for you to do so. Each individual in this world does not have the right to own
land but in America we can. We should appreciate this right and respect those who are trying to
maintain this land.
Mr. Mayor: Okay.
Mr. Pearson: Thank you very much.
Mr. Mayor: Thank you, sir. Okay, do we have any questions or comments? Before I
just wanted to ask the Attorney with regards to private property rights can you force somebody
not to park a vehicle on their property?
Ms. Johnson: No, we cannot if there’s a restrictive covenant in the neighborhood ---
Mr. Mayor: In the neighborhood association.
Ms. Johnson: --- in the neighborhood association.
Mr. Mayor: Do you have a neighborhood association in your neighborhood?
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Mr. Pearson: At this particular time like I told the individual this morning I’m not aware
of one. But my point is today that sometimes covenants should, government has been put in
position to supercede covenants and when it’s necessary to protect the people they should.
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: Sir, you mentioned a convertible Mustang that’s parked in front of a half
million-dollar house.
Mr. Pearson: That’s correct.
Mr. Hatney: Does the person own the car?
Mr. Pearson: I can’t tell you that, sir, whether they owned it. I’m just saying to you that
it’s simply parked on the front lawn.
Mr. Hatney: On the front lawn, okay.
Mr. Pearson: That’s correct.
Mr. Hatney: The position you’re asking us to take is to got out and tell somebody they
can’t park their car on their own lawn. Because I was under the impression that folk was parking
their car on your lawn.
Mr. Pearson: That is not correct.
Mr. Hatney: Okay.
Mr. Pearson: They’re parking on ---
Mr. Hatney: Their own lawn.
Mr. Pearson: --- their own lawn which also has an affect on the value of my property.
Mr. Hatney: Okay.
Mr. Mayor: Okay, are there no further questions or, Commissioner Bowles.
Mr. Bowles: I would just like to request that Rob take a look into this and see what other
communities are doing and just report back to us in a couple of weeks whenever he gets that
information.
Mr. Mayor: Okay.
Mr. Russell: Yes, sir.
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Mr. Mayor: Okay, thank you, sir. We appreciate it. Madam Clerk, the next delegation.
The Clerk:
DELEGATIONS
C. Mr. Tim Hollobaugh. RE: Update of Citizens ADA Concerns.
Mr. Mayor: And Mr. Hollobaugh if you could keep it to 5-minutes as well please sir.
Mr. Hollobaugh: Can you hear me? I want to start off by thanking several departments
first. I would like to give a big applause to Heywood Johnson of the Augusta Transit Authority.
I have seen an immense improvement in the handling of handicap, mobility impaired, blind
clients on his service. They now tie the wheelchairs down when I entered the bus, when the
other clients entered the bus. I haven’t done a lot of riding myself but I’ve sent a lot of other
individuals to do riding and it is now the exception to the rule when someone’s mobility device
does not get secured. I’ve noticed that in the SPLOST fund the application I don’t know about
all of the approval on that yet for a million dollars for curb cuts and improvements to side walks
and access to bus stops throughout the county. He’s also improved in his way of grievance
handling. He’s put in a coordinator for public transit, which is in itself. He has a grievance
procedure listed on the ADA plan on the county website and that policy we’ve tried it out it does
work and it doesn’t work and he’s able to resolve grievances in his own department. So I would
like to recognize that and say thank you from the disabled community to Heywood Johnson for
the great improvements he’s offered us in our transit system so far. However I come to you with
a grievance and I’m going to read from the ADA Act and its purpose. In the part of the purpose
statement Section 4, unlike persons who have experienced discrimination on basis of race, color,
sex, natural origin, religion or age, individuals who have experienced discrimination on the basis
of disability have often had no legal recourse to redress such discriminations. Individuals with
disabilities continually encounter various forms of discrimination including outright intentional
inclusion and discriminatory affects are architectural, transportation and communication barriers
over protected rules and policies. Failure to make modification to existing facilities and
practices and policies. Exclusionary qualification standards and criteria, segregation and
relegation to lesser services, programs, activities, benefits, jobs and other opportunities.
However consistent and this is directly from the opinion of the Attorney General’s office and the
ADA Act. Consist with Section 35.105 Self Evaluation. The final rule requires, this is not in
your self-evaluation but this is what the final rule requires of any Title 2 entity. As with 50 or
more employees designated, must designate a responsible employee to adopt grievance
procedures. Most of the commuters suggested that this be done were from both the handicapped
disabled community and the senate investigative teams. The requirement for designation an
employee responsible for coordination of efforts to carry out the responsibility under this part is
derived from the You Act regulation implementing Section 504 and federally assisted programs.
The requirement has to be able to have a individual designated that can be located. The
employee must help ensure that those grievances are filed and followed through and registered
with the Attorney General’s office with targeting on the resolution. That employment, that
person that the ADA coordinator would also be responsible to be able to invite boards and this
council when it comes to issues between community associations and disability rights. What he
should do or how they should approach it without discriminating against the handicapped hasn’t
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occurred on the council. I don’t consider that malice I consider it lack of information. We can’t
expect a community council with the hours and wages that you get to understand each and every
piece of legislation that affects this county. But without the ADA Coordinator the (inaudible)
and installed you yourself are at a disadvantage, it opens you to liability. This person is very
important to us. Okay it’s a requirement of the federal government. It’s not an option it’s not
something you can chose not to fund. It’s a requirement. It’s not a question. I reviewed this and
reviewed this with the ADA Advisory Services and they were surprised that there was not one
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here working. We have been promised one as of the 7 of August in 2007. It was put into the
ADA Section 504 Plan on your website. However it still remains the same as the day it was
entered, pending. No funding, no job description. We’ve been watching very closely for that
announcement to come out and it’s not even been put out as a possible job to come.
Mr. Mayor: Okay, and thank you, Mr. Hollobaugh. Do we have any questions or
comments? Commissioner Bowles.
Mr. Bowles: Thank you, Mr. Mayor. Is Fred still here?
Mr. Mayor: Mr. Russell, are you ---
Mr. Hatney: Paging Mr. Russell.
Mr. Bowles: I remember several years ago we did vote, I believe it was two years ago to
look at ADA compliance officer on a part time basis. And when all this started several years ago
and I’m wondering what the status of that is.
Mr. Russell: (inaudible) to do that on a part time basis (inaudible)
Mr. Bowles: Yeah, and I realize that and I would just like for you and the in house
counsel to get together to determine you know if it is a requirement and you know it’s not an
option and would like for y’all to report back to us.
Mr. Mayor: Okay.
Mr. Hollobaugh: We can’t get this (inaudible) file for (inaudible) clarity with the ADA
(inaudible).
Mr. Mayor: Okay. Thank you, sir. Okay any further questions. Okay, thank you, sir.
Madam Clerk, the consent agenda.
The Clerk: Yes, sir, the consent agenda consists of items 1-29. Items 1-29. For the
benefit of any objectors to our alcohol petitions I will read those petitions. If there are any
objectors would you please signify your objection when the petition is read.
Item 1. Is for a request for an on premise consumption Beer & Wine license to be used in
connection with Fat Man’s Riverfront Café located at #1 Seventh St.
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Item 2. Is for a Beer & Wine license to be used in connection with Super C Restaurant located
1746 Tobacco Rd.
Item 3. Is for an on premise consumption Liquor, Beer & Wine license to be used in connection
with Malibu Jack’s located at 231 Fury’s Ferry Rd.
Item 4. Is for a Liquor, Beer & Wine license to be used in connection with The Playground
located at 873 Broad Street.
Item 5. Is for an on premise consumption Beer license to be used in connection with Barrister of
Augusta located at 1500 Comfort Rd.
Item 6. Is for an on premise consumption Liquor, Beer & Wine license to be used in connection
with Omakase Japanese Sushi & Grill located at 3025 Washington Rd.
Item 7. Is for on premise Beer license to be used in connection with Philly Cheese Steak Factory
located at 2906 Peach Orchard Rd.
The Clerk: Are there any objectors to those alcohol petitions?
Mr. Russell: None noted, Madam Clerk.
Mr. Brigham: We’ve got one.
Mr. Grantham: There’s one out there.
The Clerk: Do we have an objector? Which one, ma’am? Okay.
Mr. Russell: Three people?
The Clerk: Number two.
Mr. Mayor: Number two.
The Clerk: Our consent agenda Items 1-29. Mr. Mayor, Commissioner Jimmy Smith,
Chairman of the Engineering Services Committee would like to offer the following item to be
added to the consent agenda. Item 35, item 36, 37, 38, 39, 40, 41, 42, 45, 46, 47. Mr. Holland,
do you, number 34 under Public Safety?
Mr. Holland: Yes, ma’am, we can add that to the consent.
Mr. Mayor: Do we have any further additions to the consent agenda? Commissioner
Smith did you say #48 as well?
Mr. Smith: Yes.
Ms. Beard: Yes, please add #49.
Mr. Mayor: And Commissioner Smith added 48 to this list.
The Clerk: Forty-eight, okay. Forty-eight and forty-nine. Okay.
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Mr. Mayor: Okay, do we have any further additions to the consent agenda?
Mr. Grantham: Let’s take up next week’s agenda.
Mr. Mayor: What’s that? Okay, do we have any items to be, Madam Clerk?
The Clerk: Yes, sir, that’ll be the consent agenda will consist of items 1-29 with the
addition of 34, 35, 36, thirty, I’m sorry. With the exception of item 43, and 44 through item 49.
Mr. Mayor: Okay, do have any further ---
The Clerk: And we pulled item 2.
Mr. Mayor: Commissioner Mason.
The Clerk: Yeah, we’re pulling item 2.
Mr. Grantham: Okay.
The Clerk: Do you want to act on it before ---
Mr. Grantham: No, I just, that hadn’t been mentioned and I thought ---
The Clerk: Yeah, I’m going to mention when we pull it before we get ready.
Mr. Mayor: Okay, two has been pulled for discussion.
The Clerk: Yes, sir.
Mr. Mayor: Okay.
The Clerk: We have objectors.
Mr. Mayor: With no further additions to do we have any further items to be pulled?
Mr. Grantham: Mr. Mayor?
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Mr. Mayor, I’d like some conversation on item #13, 14 and 15. I just
want to ask our Administrator a couple of questions. He could probably clear that up without
going into the individual if you don’t mind.
Mr. Mayor: By all means, by all means.
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Mr. Grantham: Okay, Mr. Russell what I’m asking for is I know it’s in the backup that
these particular uninhabitable structures are to be demolished is going to cost us about $5,200.00
per unit which these three items consist of little over $100,000.00 if I count correctly on the
number of structures. It was my understanding of my thinking that these particular locations are
within the inner city of Augusta and when we approved the inner city funding back some a year
or so ago with the $1.00 bed tax that we were able to raise and get approved that this should go
toward the demolition of those particular structures within that district. And in doing so would
allow us to take this fund that is now being allocated for these allocations to go into other
districts of our community that we could be showing a better result of our spending or our dollars
as well as a better result of taking down unsightly structures. So I’d just like to have some
clarification on that.
Mr. Russell: Mr. Commissioner, if you look at item 2 under Administrative Services
those areas are in the historic district and we’re using HDD funds to tear those down. The other
two areas the ones in item 1 and item 3 are not in the Historic District and we cannot use, is that
backwards? Okay. Take what I said and flip it around the other way.
Mr. Grantham: What’d you say?
Mr. Russell: Mr. Sherman.
Mr. Sherman: Thirteen and fifteen. Item #14 those properties are located outside of local
historic, national historic districts, which include local historic districts as well. Those properties
we’ll use CDBG funds to demolish the structures. The other two, 13 and 15 actually those two
agenda items can be considered as one. We’re using general funds to demolish those structures.
They are located within national or local historic districts. We can’t use CDBG funds in those
districts without getting state approval. So those two, 13 and 15 we are using general funds, 14
we’re using CDBF funds.
Mr. Grantham: Okay and I understand that and I’m glad that’s right but why not ---
Mr. Russell: The crux of your question then would then lie in the fact that as we look at
those monies that were allocated for the inner city we have not yet, we’ve approved the plan but
we’ve not yet approved the delegation of that plan. If we use any dollars for that at this moment
it would be a little bit premature. I think the goal was to do some of that but we haven’t quite got
there yet. So I think we can actually revisit that at a later point but at this point we ought to go
ahead and move forward and get these uninhabitable structures off the books and out of the way.
Mr. Grantham: Well, I’m going to throw you another curve. Why not take 13 and 15, if
we’re going to use general funds to do that and once you determine those dollars that are being
collected from our bed tax $1.00 per night fee that it be refunded back to that line item within our
general funds so then we would have additional dollars to be used throughout the rest of the
community. And I think that’s you know hopefully that’s what all the other Commissioner’s
would like to see done as well because then we would be spreading ourselves out as to taking
these unsightly structures down, not as a cost to our taxpayers but as a cost to the people who
visit this community. And that’s the purpose of it. So I’m going to have a problem with that if
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we don’t visit that item pretty quickly. We’ve had now a little over a year in collections of those
funds and maybe I need for you to give me an accounting of those funds and where they are and
what we’re doing with them.
Mr. Russell: And we’d be more than happy to do that. I think any transfer of those funds
obviously would require Commission action and if we’d like to do that as a form of agenda item
later on we’d be more than happy to put that together for you. But at this point our major
purpose is to get these houses at a place where they’re safe for the residents around the
community.
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: The point that I want to make is a lot of these dwellings are being used by
drug dealers to hide their stuff. The Sheriff has been out to many of these places and not only
that one of the areas here a lady was pistol-whipped. Somebody came out of the house and
pistol-whipped her in the morning on her way to work. So you can look at it any kind of way
you want to these things are dangerous. Because they’re causing, they are a hazard and they’re
causing human injury and stuff of that nature.
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Mr. Mayor, I’m not opposed to the tearing down I’m all for it. I’m just
opposed to how we’re paying for it and I’m opposed to the fact that we’re going to use general
funds and we have allocated funds that could be used for this purpose and take our general funds
and spend them on other unsightly structures within our county, within our city. To me that’s the
only question I’m raising.
Mr. Mayor: Commissioner Beard.
Ms. Beard: I have a statement in reference to that. I’ve lived in this city all of my life.
Seventy years to be exact. It is amazing what has been done in the Laney Walker revitalization
area. Now I want to go on record as saying I think you’re being very narrow in the manner that
you are looking at this. And not only that yes, 37.5 million has finally been given to revitalize
the Laney Walker area. It will not touch all that needs to be done in that area. And now it’s like
those are the only funds that can be used in that area and certain portions should be taken. That
everything that is done in that area it should be done through those funds. Well I think if we do
it that way Augusta’s going to miss a wonderful opportunity. If we’re going to get this done this
is going to be a start and if we do our homework we will find that you have many, many other
resources out there. Tax credits, all sorts of grants that can be applied for. Now are we not
going to do that? Are we not going to use the tax allocated information and opportunities that we
have? That project is moving along beautifully. We have a chance to turn this city around. And
I hope we will take that opportunity and not come up with things that’s going to keep us from
moving forward. That’s basically what I have to say. This is a wonderful opportunity not only
for Laney Walker and Bethlehem but also for the city of Augusta. It’s not different than doing
things on Broad Street and all of the other areas. Harrisburg, Olde Towne, what have you. This
is a beginning and I hope it’s just a beginning because I want this city to move forward.
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Mr. Mayor: Thank you, ma’am, and I never knew you were 70. Commissioner Bowles.
Mr. Bowles: Thank you, Mr. Mayor.
Mr. Mayor: You don’t look it.
Mr. Bowles: Mr. Mayor, I think we had this exact same conversation last year at this
time and I agree with Mrs. Beard of the importance of these projects. But I think some of the
frustration is that was a year ago and here we are and we still haven’t spent money that we set
aside with the special collection for and that just seems to be a bit irresponsible on this
government’s behalf to be collecting money from people that visit us and not to spend it and in
the appropriate direction it was intended for.
Mr. Mayor: Commissioner Brigham and then I’ll come back to Ms. Beard.
Mr. Brigham: I’m going to get off the money item for one minute. Mr. Sherman, I’m
concerned that we continue to have only a couple of districts with housing structures being torn
down. I know there’s numerous structures in everybody’s district. When are we going to come
up with a plan to deal with some of the districts in the other areas of town? I’ve been here for
four years, going on four years and it seems that we can only tear down one or two house in four
years in any other district. I don’t understand that. Why is there not a plan to address
everybody’s needs? I think we’ve talked about this before but we don’t seem to go nowhere
with it.
Mr. Sherman: Well, the districts that you see most often that’s just where the
concentration of these houses are. But there are other districts outside of one and two that also
are included, other neighborhoods not necessarily districts and we can work on the others. I
mean you know particular ones ---
Mr. Brigham: You don’t seem to be working on anything.
Mr. Mason: Mr. Mayor.
Mr. Sherman: Let me see if we can.
Mr. Mayor: I called on Ms. Beard next and then I’ll take Commissioner Mason and then
Commissioner Johnson. Ms. Beard.
Ms. Beard: I’d just like for them to know. The houses are coming down in those areas
because that’s where we have the greatest need. As far as this city moving forward I am very,
very excited. Because not only are we doing Laney Walker and Bethlehem we’re looking at
doing the Kroc Center in the Harrisburg area. That’s not our project but it’s a ninety what seven
million dollar project. And now we’re also looking at the Sand Bar Ferry area where we’re
looking at doing a mixed income development. All of these things are so exciting and today I
had my first meeting at Augusta Tomorrow where they have come up with a master plan for the
entire area. So I question anyone who says this city is not moving forward.
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Mr. Mayor: Thank you, ma’am. Commissioner Mason.
Mr. Mason: Yes, thank you, Mr. Mayor, and no disrespect intended. I do have no
problem discussing this agenda item but I thought we were initially brought up for some
clarification. I didn’t know that we were in full discussions right now at this point so I’m trying
to figure out are we going to move forward on the consent agenda, pull it, discuss it or where are
we going to go from this point.
Mr. Mayor: Very good point. I don’t know that we’ve got, Commissioner Grantham, are
you okay with leaving it on the consent agenda? I mean I think we’ve discussed it pretty
thoroughly so if we pull it would be ---
Mr. Grantham: I’m not satisfied with where the money’s going to be spent where it’s
coming from. I just think that we need some better identification of these funds when we come
in other than just taking it from general funds. That’s the easiest place to go when we have funds
for this purpose and that’s what it was set aside for. So I’m going to pull all three of them.
Mr. Mayor: Okay. That will be fine and then Commissioner Hatney then we’ll come
back to.
Mr. Hatney: My concern here is that I keep folk talking about the 37 mill for all of this
and but I don’t hear nobody say, haven’t heard anybody say that in that discussion it was agreed
upon that would be a bond thing, and than that $750,000 would be a payback part. That was
supposed to have been bonded, all that money gotten up front but that has never happened and
nobody has never discussed it. The 750 was not supposed to be used every year to tear down
houses. It was supposed to repay the bond off.
Mr. Mayor: Okay, we’ve pulled items 13, 14 and 15 for discussion.
Mr. Hatney: We’re going to have the same discussion so it’s a waste of time.
Mr. Mayor: Well ---
Ms. Beard: Mr. Mayor I think (inaudible).
Mr. Mayor: No, I mean I’ve met with the planners on the implementation plan and
everything. I think the issue with the bond funding, Fred, correct me if I’m wrong but just given
the state of the bond market right now it is am I correct on that?
Mr. Russell: It’s not the best time to ---
Mr. Hatney: Right now, Mr. Mayor, it does but when we approved this there wasn’t
nothing wrong.
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Mr. Mayor: We didn’t have a years worth of the collections to base the bonding upon it
at that point.
The Clerk: Do you want all three of them or just the ones that are ---
Mr. Grantham: Thirteen and fifteen.
The Clerk: Thirteen and fifteen, right?
Mr. Grantham: Leave fourteen alone.
The Clerk: Fourteen is CDBG funds, right, Mr. Sherman?
Mr. Sherman: Yes.
The Clerk: Okay.
Mr. Mayor: Okay, thirteen and fifteen have been pulled for discussion.
The Clerk: Yes, sir.
Mr. Mayor: Okay any further items that anybody wants to debate prior to pulling them
for discussion. If not can I get a motion to approve the consent agenda.
Mr. Mason: So moved.
Mr. Jackson: Second.
CONSENT AGENDA
PUBLIC SERVICES
1. Motion to approve New Ownership Application: A.N. 09-59: A request by Bradley Usry
for an on premise consumption Beer & Wine license to be used in connection with Fat
Man’s Riverfront Café located at #1 Seventh St. There will be Sunday Sales. District 1.
Super District 9. (Approved by Public Services Committee January 28, 2009)
3. Motion to approve New Ownership Application: A.N. 09-61: A request by Sandra Gould
for an on premise consumption Liquor, Beer & Wine license to be used in connection with
DG&SG, LLC DBA Malibu Jack’s located at 231 Fury’s Ferry Rd. There will be Sunday
Sales. District 7. Super District 10. (Approved by Public Services Committee January 28,
2009)
4. Motion to approve Transfer Application: A.T. 09-01: request by Scott Levine to transfer
the on premise consumption Liquor, Beer & Wine license used in connection with The
Playground located at 873 Broad St. to the new location of 973 Broad St. There will be
Dance. District 1. Super District 9. (Approved by Public Services Committee January 28,
2009)
5. Motion to approve New Ownership Application: A.N. 09-62: request by Catherine
Walker for an on premise consumption Beer license to be used in connection with Barrister
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of Augusta located at 1500 Comfort Rd. There will be Sunday Sales. District 3. Super
District 10. (Approved by Public Services Committee January 28, 2009)
6. Motion to approve New Ownership Application A.N. 09-63: request by David C. David
for an on premise consumption Liquor, Beer & Wine license to be used in connection with
Omakase Japanese Sushi & Grill located at 3025 Washington Rd. There will be Sunday
Sales. District 7. Super District 10. (Approved by Public Services Committee January 28,
2009)
7. Motion to approve a New Application: A.N. 09-64: request by Darren Alston for an on
premise consumption Beer License to be used in connection with Philly cheese Steak
Factory located at 2906 Peach Orchard Rd. There will be Sunday Sales. District 6. Super
District 10. (Approved by Public Services Committee January 28, 2009)
8. Motion to approve the business plan submitted by Robert Prescott II of the Finish Line
Café located at 3960 Wrightsboro Rd. to reinstate of the Sunday Sales license and place the
restaurant on six-months probation. District 3, Super District (Approved by Public
Services Committee January 28, 2009)
9. Motion to approve a request for the Commission to appoint the following individuals to
serve on the Construction Advisory Board for a four-year term: Mr. Sean D’Antignac,
Electrical Contractor; Mr. Larry Jones, Master Plumber (Re-appointment). (Approved by
Public Services Committee January 28, 2009)
10. Motion to approve forfeiture of Surety Bond for Mr. Mark Dillinger, d/b/a Mark’s
Remodeling/Construction. (Approved by Public Services Committee January 28, 2009)
11. Motion to approve a request from the Pendleton King Park Foundation regarding
approval of the Pendleton King Park Master Plan. (Approved by Public Services
Committee January 28, 2009)
12. Motion to approve an increase in Richmond Transit (Rural Van Service) fares.
(Approved by Public Services Committee January 28, 2009)
ADMINISTRATIVE SERVICES
14. motion to approve an Ordinance providing for the demolition of certain unsafe and
uninhabitable structures in the Turpin Hill Neighborhood: 1511 Holley Street, 1723
Morgan Street, (District 2, Super District 9); East Augusta Neighborhood: 205 Thomson
Road, (District 2, Super District 9); Laney Walker Neighborhood: 1131 Florence Street,
(District 1, Super District 9); South Augusta Harding Road, (District 6, Super District 10);
ND
AND WAIVE 2 READING. (Approved by Administrative Services Committee January
28, 2009)
16. Motion to approve 2009 qualifying fees. (Approved by Administrative Services
Committee January 28, 2009)
17. Motion to approve an Ordinance to amend the Augusta, Ga. Code Title One, Sections
1-4-112 and 1-4-114 thru 1-4-130 relating to the Human Relations Commission; 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 as an advisory committee and
reporting to the Administrator. (Approved by Commission January 22, 2009 – second
reading)
13
PUBLIC SAFETY
18. Motion to approve an Ordinance to amend the Augusta-Richmond County Code Title
Three Sections 3-3-10, 3-3-13, 3-3-14, 3-3-18.1, 3-3-20 and 3-3-25 relating to Fire
Department inspections, fee schedule and references to other Fire Prevention Codes; 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. (Approved by the
Commission January 22, 2009 – second reading)
19. Motion to approve an Ordinance to amend the Augusta-Richmond County Code Title
Three – Public Safety, to create a new Chapter Two, to be called “Chapter Two False
Alarms”; to create a system of governance for alarm systems intended to summon a public
safety response; to establish fees; to provide for penalties for violations; to establish a
system of administration for alarm systems; to set conditions for suspensions; 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. (Approved by the
Commission January 22, 2009 – second reading)
FINANCE
20. Motion to approve $345,808 for the purchase of Sheriff’s Office for the replacement of
public safety vehicles from the 2009 Capital Outlay. (Approved by Finance Committee
January 27, 2009)
21. Motion to accept the recommendation of the Tax Assessor for an abatement of taxes
and to recalculate the interest and penalty based on the reassessed value relative to a
request from Augusta CT Properties LLCon regarding property located at 1814
Fayetteville Drive. (Approved by Finance Committee January 27, 2009)
22. Motion to approve refund recommendation from the Board of Assessors for one
account Pyramid Records & Gifts. (Approved by Finance Committee January 27, 2009)
23. Motion to approve a request from the Lucy Craft Laney Museum of Black History for
city sponsorship through the purchase of tickets for the Annual Lucy Craft Laney Heritage
Gala. (Approved by Finance Committee January 27, 2009)
24. Motion to deny a request from Ms. Mamie Thomas for an abatement of taxes based
upon a disabled homestead exemption. (Approved by Finance Committee January 27,
2009)
25. Motion to accept the recommendation of the Tax Assessor to deny a request from
Medicom regarding an abatement of taxes on their Freeport inventory for the tax years
2007 and 2008. (Approved by the Finance Committee January 27, 2009)
26. Motion to approve a request from Paine College for city sponsorship through the
purchase of tickets for the Masked Ball. (Approved by Finance Committee January 27,
2009)
27. Motion to approve a request from Mr. Woodrow Fryer for an abatement of taxes based
on a disabled veteran’s exemption for the years 2006 through 2008. (Approved by Finance
Committee January 27, 2009)
PETITIONS AND COMMUNICATIONS
28. Motion to approve the minutes of the regular meeting of the Commission held on
January 22 and Special Called meeting held January 15, 2009.
14
APPOINTMENTS
29. Motion to approve the appointment of Alan Venable to the Historic Preservation
Commission and the reappointment of Amanda C. Barefield to the Library Board
representing District 8.
PUBLIC SAFETY
34. Motion to approve recommendation for awarding Bid Item #08-209A, Telephone/Radio
24 Hr. Logging Recorder for the Augusta 9-1-1 Center.
ENGINEERING SERVICES
35. Approve Clarification of Monthly Residential Sewer Rate.
36. Approve Clarification of Multi-family Dwelling Water & Sewer Rates.
37. Motion to approve and accept an Easement Deed from Boral Bricks, Inc. for the Doug
Barnard Water Main Project.
38. Approve payment to Tampa Armature Works in the amount of $23,392.81 for repairs
to the Chafee Lift Station Pump.
39. Approve Change Order #1 to Blair Construction Company Inc. for $88,757.88 for
additional asphalt over lay over the roads, replacing raised edge asphalt and improving the
storm structures throughout the area.
40. Motion to approve condemnation of a portion of property at 2803 Washington Road for
the purpose of acquiring a Right-of-Way in connection with the Alexander Drive Project of
0.043 acre (1,869.98 sq. ft.) in fee and 0.311 acre (13,551.70 sq. ft.) of permanent
construction & maintenance easement. The appraised value is $59,770.00.
41. Approve additional engineering services in the amount of $26,826.00 to James G. Swift
& Associates to incorporate changes I design requirements for the Gordon Hwy 24-inch
Water Main Extension Project.
42. Approve $250,000 to Mainline Homeland Security for the continued work of installing
protection devices in the city’s fire hydrants.
45. Approve the lease of an additional 653 square feet of office space for the Utility Systems
Program Section of the Augusta Utilities Engineering Department on the first floor of The
New South Building, 360 Bay Street.
46. Approve Proposal from Graves Engineering, Inc. for NPDES Services in conjunction
with eh new Judicial Center, in the not to exceed amount of $23,200.
47. Approve the deed of dedication, maintenance agreement and road resolution submitted
by the Engineering Department for Pinnacle Place, Phase 6, Section IV.
48. Motion to approve a resolution to send to the Georgia Department of Transportation
(GDOT) to support the realignment of Barton Chapel Road to the east so that it will be
aligned opposite existing Augusta West Parkway and rescinds the resolution adopted June
19, 2001 which opposed the realignment of Augusta West Parkway and Barton Chapel
Road as part of the project to improve Wrightsboro Road from Jimmie Dyess Parkway to
I-520, project number 323-04-296823309. (Approved by Engineering Services Committee
January 12, 2009 and deferred from the January 22, 2009 meeting)
PETITIONS AND COMMUNICATIONS
49. Motion to approve a resolution from the CSRA Regional Development Center to
continue to operate and administer the coordinated transportation system for aging,
15
mental health, developmental disabilities and addictive disorder, the Department of Family
and Children Services, TANF and Intensive Services Programs for 2009.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
Motion carries 10-0. [Items 1, 3-12, 14, 16-24, 34-42, 45-49]
Mr. Mayor: Okay, and Madam Clerk, if we could go to the pulled items first, please,
ma’am.
The Clerk:
PUBLIC SERVICES
2. Motion to deny New Ownership Application: A.N. 09-60: request by Teresa Y.
Cummings for an on premise consumption Beer & Wine license to be used in connection
with Super C. Restaurant located at 2746 Tobacco Rd. There will be Sunday Sales. District
4. Super District 9. (Approved by Public Services Committee January 28, 2009)
The Clerk:
Mr. Mayor and the Commission. On our addendum agenda Ms. Cummings
requested that this alcohol petition be postponed to a later date. This postponement will allow
the
for additional business adjustments such as name change. So we have objectors here but
petitioner has made a request that the item be postponed to a later date.
Mr. Hatney: So moved.
Mr. Mayor: Okay, we have a motion to postpone.
Mr. Johnson: Second.
Mr. Mayor: We have a motion and a second.
Mr. Brigham: Mr. Mayor?
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Mr. Mayor, we’ve done gone through this. We’ve had public hearings. I
think we either, I don’t think a simple postponement would be right. I think if we’re going to
postpone I think we need to postpone with prejudice to prevent it from coming back up at the
next meeting. I don’t think we ought to continue to have the public drawn down here each and
every week to discuss an item so we can get the votes right. So I’m going to make a substitute
motion that we deny. This was the committee’s recommendation and I think the committee
ought to stand with its recommendation.
Mr. Mayor: Do we have a second for that substitute motion?
16
Mr. Jackson: Second.
Mr. Mayor: Commissioner Holland, you had your hand up.
Mr. Holland: Yes, sir, Mr. Mayor. I was going to mention the fact that since Ms.
Cummings had requested a postponement and I was going to make a motion that we approve her
request for postponement to give them an opportunity to do exactly what she has asked. I mean
after all we are in an economical situation here in this country and we need to give people an
opportunity to at least try to earn a living. And if they are willing to postpone this and go back
and try to make some adjustments within the restaurant I think that we as Commissioners you
know should be fair enough to try and work with them and then of course with the community. I
don’t live in that community however but I believe that the Commissioner and hope that the
Commissioner and the members of that community would just give them an opportunity to talk,
sit down and talk with them which was mentioned in one of our committee meetings to give
them an opportunity to share with them what their plans are so that they can all be on the same
page. So my motion is to, just to honor this request ---
Mr. Mayor: Okay, Commissioner Holland, the primary motion was to and then we had a
substitute motion to deny. Commissioner Mason.
Mr. Mason: Yes, thank you, Mr. Mayor. Did I cut you off?
Mr. Holland: No, no. I was, just wanted to finish up by saying that I just hope that they
would have an opportunity to go back and revamp what they’re trying to do in reference to their
restaurant to give them an opportunity to recoup some of their financial costs that they have, that
the community will become involved with them so that the community will know exactly you
know what they’re doing and that they all will be on the same page and they will all be able to
work together. That’s all I wanted to say, Mr. Mayor.
Mr. Mayor: Okay. Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. As the Commissioner for the district for this
particular agenda item it’s important certainly for me that I make a decision on this agenda item
not based on emotion either for the family that has suffered a great loss nor can my decision be
made specifically on a club or the club owners and have to made in the best interest of the
community as a whole. At this particular time I do not see anyone here from the petitioners, Ms.
Cummings or anyone else from the Super C’s Restaurant. I think and ---
The Clerk: When Ms. Cummings delivered the letter this morning she said there was a
family emergency and wouldn’t be able to attend today’s meeting. So in all fairness she did
leave that with the Clerk’s office as to why she wouldn’t be in attendance today.
Mr. Mason: Then I have to take that on face value for what it is and be fair to everyone
involved. So I would hope that we go ahead and approve the motion to give them an opportunity
to come back, to withdraw their application if that’s what they’re asking for, to withdraw their
application because I can’t make a decision today if I don’t have them sitting here in front of me.
17
Because there’s some specific things we need to talk about and get out in the open so the public
can know where we’re going with this. So if their motion is to withdraw their application I
would support them withdrawing their application.
Mr. Mayor: Okay. Is there any further discussion? Okay, we have a substitute motion
on the floor. Madam Clerk if you could, the substitute motion ---
The Clerk: The substitute motion from Mr. Brigham and Mr. Jackson was to deny the
application to concur with the committee’s decision.
Mr. Mayor: Okay, if there’s no further discussion Commissioner’s will now vote by the
substitute sign of voting on the substitute ---
The Clerk: The substitute ---
Mr. Mayor: --- to deny.
The Clerk: To deny.
Ms. Beard, Mr. Johnson, Mr. Mason, Mr. Hatney, Mr. Holland and Mr. Grantham vote No.
Motion fails 4-6.
Mr. Holland: Mr. Holland.
The Clerk: And Mr. Holland. Thank you. Didn’t see you there for a while, sir.
Mr. Mayor: Okay, we will now vote on the primary motion. Madam Clerk, just for
clarity, if you could repeat the primary motion.
The Clerk: The primary motion is to postpone.
Mr. Mayor: Okay.
Mr. Brigham: Mr. Mayor, does that include with or without prejudice?
Mr. Hatney: The fact that the substitute motion has been defeated we don’t need to vote
on the primary.
Mr. Brigham: I asked the question about the motion, Mr. Mayor.
Mr. Hatney: If we do it with prejudice I don’t see why ---
Mr. Mayor: Hang on. Would the maker of the motion and the maker of the motion was
Dr. Hatney like to amend his motion to include that. To include with prejudice.
Mr. Hatney: No, sir.
18
Mr. Mayor: Okay.
Mr. Hatney: --- motion somebody else ---
Mr. Mayor: I thought you were the one that made the motion.
Mr. Hatney: To postpone?
The Clerk: To postpone.
Mr. Hatney: I did.
The Clerk: Yes, okay.
Mr. Hatney: I make so few of these ---
Mr. Mayor: And, Madam Attorney, just for the point of clarification although we’ve
already voted on the substitute motion we still need to vote on the primary motion. Okay, the
item has been fully discussed. The recommendation or the motion is to postpone.
Commissioners will now vote by the usual sign of voting.
Mr. Jackson, Mr. Brigham and Mr. Bowles vote No.
Motion carries 7-3.
Mr. Mayor: Okay, Madam Clerk, that one’s disposed of. On to the next one, items 13
and 15.
The Clerk: Items 13 and 15. Can they be done in, as comparison items Mr. Grantham?
Mr. Grantham: They can.
The Clerk:
ADMINISTRATIVE SERVICES
13. Motion to approve an Ordinance providing for the demolition of certain unsafe and
uninhabitable structures in the Laney-Walker Neighborhood: 1127 Cecelia Street, 1129
Cecelia Street, 1131 Cecelia Street, (District 1, Super District 9); South Augusta
ND
Neighborhood: 227 Wise Drive, (District 2, Super District 9); AND WAIVE 2
READING. (Approved by Administrative Services Committee January 28, 2009)
15. Motion to approve an Ordinance providing for the demolition of certain unsafe and
uninhabitable structures in the Bethlehem Neighborhood: 1440 Chestnut Street, 1545
Chestnut Street, 1535 Chestnut Street, 1455 Chestnut Street, (District 2, Super District 9):
Laney-Walker Neighborhood: 1126 Carrie Street, 913 Barnes Street, (District 1, Super
District 9); Turpin Hill Neighborhood: 2110 Martin Luther King Boulevard, (District 2,
Super District 9); Olde Town Neighborhood: 101 Ellis Street, (District 1, Super District 9);
19
Sand Hills Neighborhood: 536 First Avenue, (District 1, Super District 9); AND WAIVE
ND
2 READING. (Approved by Administrative Services Committee January 28, 2009)
Mr. Mayor: And just I know this agenda item has been discussed and just for clarity
from me could there be a motion to approve and I guess this would be a question for the
Administrator or for the Attorney to approve and also within that motion that the funds be repaid
with funds from the $1.00 room tax when they become available or would that take separate
action by the Commission.
Mr. Russell: I don’t know.
Mr. Hatney: We did that before, Mr. Administrator. We did it before.
Mr. Russell: You know if you’re looking at that we’ve got several issues we’ve got there
to look at there. The nine months of collections in 2008 got us about $750,000. $350,000 of that
was the first money was redirected towards the busses. It was an appropriate use of those funds
and we support that. The balance, $400,000 is there but if you’re looking at going forward with
the project as we’ve discussed on bonding that you need to get some capital to do that. And part
of the reason for waiting is to make sure that we have a fairly decent structure and where we’re
able to pick up the amount of dollars that we’ve got coming so we’ll actually have a cash flow
potential there. You start carving off of that up front then in my mind you’re defeating the entire
purpose to try to move quickly with the particular issue that you’ve got there. As we develop a
solid stream of dollars I think the bonding capacity is there. If the discussion becomes you want
to use some of that bonded money for demolition I think that would be a discussion that needs to
be had but that’s at a later date in my mind. I think what we’re after now is the ability to use
general fund dollars which were allocated for the demolition of property that we go ahead and
move forward with that so we get these properties that are an eyesore and a danger to our
community down as quickly as we can. I think you’ve raised good points on all the issues. I’m
too sure that’s wrapped around today’s discussion but I think it is a future discussion that we
need to have.
Mr. Mayor: And I’m going to say before I recognize any of the Commissioners. I
worked closely with APD and the development of this plan. I know it’s been a while since it’s
been brought back to the Commission but Chester Wheeler and HND are making tremendous
progress in these areas of the city. I think that’s it’s about time that we need to have a report on
this so that we can see the progress, so that we can see you know that if we spend some money
out of the general fund to tear down these houses it’s not money wasted. So I would just say
that. Commissioner Hatney.
Mr. Hatney: One other thing I want to mention, Mr. Mayor and Commissioners, to the
Administrator is that was either the latter part of last year or early on this year. I guess it was in
the latter part of the year that we authorized HND direct Mr. Wheeler to advance some money to
do some work in the same area and that when that money came available and I think that’s all
we’re saying here. When the money became available then it would then be reimbursed. We’ve
already done that once. So we’ve already done it once I don’t see why we can’t do it again.
20
Since when the money becomes available. It might not become available until three years from
now.
Mr. Mayor: But here again I would just say I support taking the recommendation from
the Administrator but I fully understand where Commissioner Grantham and other
Commissioners concerns come from. But I think here again something that could help us with
that is if we have a full report or a work session to address the program in that area of the city.
Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. I would to figure back on that and just add that
this is just not something that we’re doing in the district one and two but this is a need of the
taxpayers and the citizens in that district and I think they don’t have a issue perse to pay for
whatever they need to have done. Commissioner Hatney related to an issue or an incident that
happened at a, one of the abandoned apartments on Barnes Street where a lady was robbed if you
will at gunpoint. And they were actually hiding out in one of the abandoned properties so this is
just a pertinent0 need in these districts. And that’s why solely they’re concentrating on getting
these abandoned properties down. I do admit that it is areas of concern in other districts but
primarily when you look at the district if you just take time and ride you’ll see it’s more
abandoned property in these districts than you see anywhere throughout the city. And just like
everybody else we want everybody to grow as a whole but we’ve got to work, in other words the
squeaky wheel gets to oiling and that’s what I’m looking at here. That is the squeaky wheel in
that district you know those two districts because that’s where a lot of historical abandoned
houses that was built back in the early 1920’s and 30’s that still stands today and they just
definitely a danger to people that live in that area.
Mr. Mayor: Commissioner Beard.
Ms. Beard: Mr. Mayor, I’d just like to say that the way this conversation has gone it
appears this program is not moving along as properly as it should. But I am, I want to tell you
this program has a tremendous committee and they’re on target. And if there’s anything any of
you need to know all you have to do is give them a call and they will be happy to come and talk
with you on an individual basis. And I also want to mention we were all invited to a meeting a
couple of weeks that explained where they started and where they are now. They’re on target.
One of these days you’re going to be very, very proud.
Mr. Mayor: With that can I get a motion from you Ms. Beard?
Ms. Beard: Where are we? So moved.
Mr. Johnson: Second.
Mr. Mayor: We have a motion and a second. Commissioner Brigham.
Mr. Brigham: You don’t have unanimous consent to waive the second reading.
The Clerk: What now?
21
Mr. Brigham: You do not have unanimous consent to waive the second reading.
The Clerk: Okay.
Mr. Mayor: Okay, we have a motion and a second to approve. I believe this has been
thoroughly discussed. I see no more hands up. Commissioners will now vote by the usual sign
of voting.
Mr. Smith: What is the motion, Mr. Mayor?
The Clerk: The motion is to approve.
Mr. Mayor: To approve 13 and 15.
The Clerk: And deleting of the second reading you’ll have to have another reading. Mr.
Brigham objected to that.
Mr. Bowles out.
Mr. Brigham and Mr. Grantham vote No.
Motion carries 7-2.
Mr. Mayor: Madam Clerk, on to the regular agenda I reckon.
The Clerk: Yes, sir, item 43, I believe.
Mr. Mayor: Item ---
The Clerk: Forty-three?
Mr. Brigham: What happened ---
Mr. Mayor: Thirty.
The Clerk: Oh, thirty, okay. Thirty and thirty-one. Do you want to take these as
companion items, Mr. Mayor, or do you want them individually?
Mr. Mayor: Is everybody okay with taking them as companion?
The Clerk:
PUBLIC SERVICES
30. Motion to approve an Ordinance to amend the Augusta, Ga. Code Article Three
Section 3-1-1 relating to “Curfew for Minors” so as to establish provisions for business tax
certificate applicants for teen social clubs to comply with the regulations set forth in the
22
“Dance Hall” Ordinance. (No recommendation from Public Services Committee January
28, 2009)
31. Motion to approve an Ordinance to amend the Augusta, GA. Code Title Six Article
Three Section 6-6-43 so as to require applicants to receive Augusta-Richmond County
Commission’s consent to operate; 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. (No recommendation from Public Services Committee January 28, 2009)
32. Motion to approve an Ordinance to amend the Augusta, Georgia Code Article Two
Section 2-1-38 so as to establish additional conditions for suspension of a business tax
certificate; to repeal all ordinance and parts of ordinances in conflict herewith; to provide
an effective date and for other purposes. (No recommendation from Public Services
Committee January 28, 2009)
33. Motion to approve an Ordinance to amend the Augusta, Ga. Code Article Six Section 6-
2-74 to establish provisions for the suspension of a license for alcoholic beverages; to repeal
all ordinances and parts of ordinances in conflict herewith; to provide for an effective date
and for other purposes. (No recommendation form Public Services Committee January 28,
2009)
Mr. Mayor: Commissioner Grantham, I believe you wanted to speak to this one?
Mr. Grantham:
I might as well, Mr. Mayor, I’ve been the goat all day anyway. I just in
looking over these ordinances and we discussed ordinances at a little gathering the other day.
And in talking about the manner in which they’re presented I don’t object to the ordinances
themselves, I don’t object to the writing that the Attorney’s are presenting to us. But I think that
it would be somewhat clearer to us if we had the old ordinance and we had the new writing of the
ordinance presented at the same time giving us the identification of the changes. And by doing
. And so I’m going to make a
that I think we’d have a better opportunity to be voting on them
motion and ask that we take these four ordinances and return them back to counsel and to
the proper committees for presentation in the manner in which I described.
Mr. Hatney: Second.
Mr. Mayor: Madam Attorney.
Ms. Johnson: They are presented in that format when you look at you backup
documents.
Mr. Brigham: Mr. Mayor, as chairman of the committee these ordinances come out of ---
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: --- I see no need to refer each back to the committee. The committee was
undecided on them. I think we need to leave it at the Commission level. It’s a Commission
problem, it’s not a committee problem. I don’t think that anything that’s done to these
ordinances is going to change some people’s minds and I think either we need to either vote
them up or vote them down. We’ve already held them in committee for a month before they was
23
even presented to the, to be forwarded on to the Commission. I don’t see any need to put them
back into the committee.
Mr. Mayor: Commissioner Holland.
Mr. Holland: Thank you, Mr. Mayor. I understand what my Chairman is saying for this,
in reference to this, these items and in reference to the committee. But to be perfectly frank with
you as a member of that committee I was not even called in to give any input on what was being
said or what was being written in reference to these particular ordinances. So what I read was
three different, three other commissioners were involved in these ordinances. So since I’m a
member of the committee I really would have appreciated some professionalism in having an
opportunity to have some input on this. This is one of the reasons why I cannot go along with
approving these at this particular time. Therefore I would prefer having an opportunity to read
these along with the other ordinances to give me a complete understanding of what we are going
to be voting on and then give me an understanding of what is being said with the new
ordinances. Because at this particular time I along with perhaps maybe another commissioner
did not have any opportunity to have any input. So I agree with the Commissioner in terms of
having these taking back and bringing them back at a later date.
Mr. Mayor: Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. I agree with Commissioner Holland on that. I
think that we may have some merit on some of these ordinances here but we do need the
opportunity to review them and review the old ordinances so we know exactly what we are
changing or making changes to. So at the time I do agree with Commissioner Grantham that we
do need to pull them, give it back to counsel. I heard what you need to do and get back to us
with the old ordinances. We review them make the necessary changes and I think we all can
collectively agree to it and do what needs to be done with it. But I don’t, I’m not opposed to it
perse. I think that there definitely may be some merit there to make some changes but we just
need to have an opportunity together to review it and see exactly what the old ordinance states
versus the new ordinance. Thank you.
Mr. Hatney: Call for the question, Mr. Mayor.
Mr. Mayor: Okay, the question has been called for. We’ve heard debate on either side
and Commissioners will now vote on the motion using the usual sign of motion.
Mr. Holland: Can we read the motion again?
Mr. Mayor: There was no second motion. There was only one motion.
The Clerk: One motion.
Mr. Holland: Motion to pull?
Mr. Mayor: Motion to refer back to committee.
24
The Clerk: Refer back to the Attorney and to the committee.
Mr. Mayor: We did have a second on the original, didn’t we?
The Clerk: Yes, sir. Mr. Grantham and Mr. Hatney.
Mr. Bowles out.
Mr. Brigham votes No.
Motion carries 8-1.
Mr. Mayor: Okay, Madam Clerk, next agenda item.
The Clerk: Now we go to 43, Mr. Mayor?
Mr. Mayor: Now we go to 43 then we go to 44 then I hope we go home.
Mr. Hatney: Amen.
The Clerk:
ENGINEERING SERVICES
43. Presentation by Mr. Ike Williams regarding the closing of Foster Lane.
Mr. Speaker: I’m Jack Long and I’m here with Mr. Williams. The CSX ---
Mr. Mayor: And five minutes, please, sir.
Mr. Long: Yes, sir. CSX has come back again wanting to close Foster Lane. Now
Foster Lane is an extension of East Boundary and across to the tracks. And it is the real only
access other than going a couple miles further toward Sand Bar Ferry Bridge to Foster, I mean to
Lover’s Lane to even have access to hundreds and hundreds of acres of property. And this is
basically an effort by CSX to not for public purposes but for private purposes. And I would like
to pass to the members of the Commission these photos I have to show you what CSX has
decided to do (inaudible). What CSX has done before they even came to ask us permission again
and I think this is about the forth or fifth time over the last 15 or 20 years they’ve done this.
They have basically put up barricades and closed this access and if they already owned it they
have the right to do that. And it is a, and you can seek legal opinion about this but as I
understand the law while you do have rights to close roads for public purposes this Commission
does not have the right to close a road for the benefit of a private industry or business. And
members, I heard Ms. Beard talk about the Laney-Walker redevelopment program and you know
one thing we have in our community that we have (unintelligible) on the other end and this is one
of these nature areas that could be developed in the future. If CSX, and they tell you about it in
their presentation how they spend so much money on grave crossing I think what y’all should do
is tell them we have no objection with you spending these hundreds of millions you say you
spend on grave crossing. If you want to build an overpass over it, that’s fine. If you want to let
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access to city streets to continue and city roads continue but to close this road at this time there
would be no access to the road it’s blocked by (unintelligible) unless y’all condemn some of their
property and build a new road. Otherwise you’ve got to go a couple miles down the road. And I
think that would be depriving that part of the city not only for our current people but the current
property owners and there are more like Mr. Washington down there I mean Mr. Williams down
there. But also for the future children, grandchildren, if this is ever developed in the future. So I
would suggest that y’all not allow CSX to do what they’ve been trying to do in the past, close
this road. If you have any questions.
Mr. Mayor: Commissioner Holland. And before Commissioner Holland. You make me
feel like I need, Jack, to go put a robe on and have my gavel here ready. I feel like I’m in court.
Commissioner Holland.
Mr. Holland: Thank you, Mr. Mayor. Mr. Mayor, I’m somewhat confused in reference
to what Mr. Long is saying because if I’m correct I believe in our committee meeting when
members of the CSX Board came and made their presentation to us they made it sound as if they
had not done anything in that particular area. So what I’m seeing here now this had already
happened even when they came and made their presentation to us at that particular time. And
even at that particular time they even offered somewhat of a compensation to us to work with
them in reference to not closing this area down. So are we saying now it was already done prior
to their coming and are we saying we need to go back and try to get this reopened? Where do we
stand in reference to this because they made the presentation and made it appear as nothing had
happened at that particular time.
Mr. Mayor: Mr. Russell.
Mr. Russell: Yes, sir, Commissioner Holland. What had happened was prior to their
presentation they asked our Engineering Department to temporarily close the road so they could
do some track repair. Commissioner Hatney brought that to my attention after the committee
meeting itself occurred because I was unaware of that at the time. We allowed them to close that
as they did the track repair when brought to our attention and they completed the track repair we
required them then to reopen the road as they had planned on doing. But it was closed
temporarily during the period where they were working on the tracks. And that had been
approved as normally as by our Engineering Department. Where we’re at now in this process is
if we close the road at all we are required to do a public hearing to do that and that public hearing
is being scheduled by the Law Department in which we have people like Mr. Williams and Dr.
Long. And Mr. Long would be available to come and do that as part of the regular public
hearing process. It would be my recommendation that we continue with the public hearing, have
that scheduled and come back with an entire package for y’all to either vote up or vote down
based on the needs of the community.
Mr. Long: One thing I would like to point out, Mr. Russell. This Commission does not
have the power to close a road for private purposes. You have a power to close it for public
purposes. You cannot do it for a private corporation whether they one of the big banks that built
America, CSX or me or anybody else. You can only do it for public purposes.
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Mr. Mayor: Commissioner Hatney.
Mr. Hatney: The thing that gave me real heartburn because I had listened to such
fabulous presentations requesting that we should allow them to do this and that the thing that I
asked was had there been a public hearing and the Administrator said no. So we said we
couldn’t talk about it anymore until at least there was a public hearing. But the next morning just
out of curiosity for some reason I just went on down there because I live in East Augusta and so
went on down there. And when I got down there all of the signage that they said they would put
up were already up, all of the work that they said they were going to be doing was done. The
new pavement had been put across and had both gates on both sides locked. And I said how do
you come before a Commission asking them to consider something that you already had done?
And I called Mr. Russell and he called whomever and they got the gates opened back up. But
they were locked because I was down there with Mr. Williams at the time.
Mr. Long: Reverend Hatney, I think ---
Mr. Hatney: I just wanted to say that. It just bothers me that there are folk in this town
that think all the Commissioners are crazy.
Mr. Williams: Can I say something, Mr. Mayor?
Mr. Mayor: I’m glad you didn’t include me in that. Yes, sir.
Mr. Williams: This is basically a situation of David and Goliath. And the railroad has all
kind of funds that they can appropriate but what they’re asking us to do, we’ve owned this
property since 1965 and my family and I are currently trying to develop it. We are of hopes that
Bass Pro Shop will come here and partnership with us so we can create a recreation area
sufficient for the use of the city. They’re asking me from the railroad to my property the gate is
four tenths of a mile. They’re asking me to go all the way around down by Columbia Nitrogen
some five miles just to get to my property. I’ve been in Law Enforcement for 30-years here but
this is the slickest way I’ve ever seen of holding a gun to my head to rob me. I just, I don’t want
to stand for that.
Mr. Mayor:
Okay, well, gentlemen, I think that’s the five minutes and just to be fair and
I appreciate you but I would just here again as the Administrator said recommend that y’all go to
. Can I get a
the public hearing and make your concerns known at the public hearing as well
motion to receive this as information?
Mr. Johnson: So moved.
Mr. Holland: Second.
Mr. Mayor: We have a motion and a second. If there is no further discussion
Commissioners will now vote by the usual sign. Thank you, gentlemen. Madam Clerk, what I
believe to be our, what’s that?
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The Clerk: Let me publish this vote.
Mr. Bowles out.
Motion carries 9-0.
The Clerk:
ENGINEERING SERVICES
44. Presentation by Mr. Ming F. Lin regarding sewer backup problems at his property
located at 3008 Mistletoe Ave.
Mr. Lin: Mayor and the Commissioners and officials of the City of Augusta. Thank you
for the opportunity. I’ve been investing in Augusta area in Richmond County for 31-years and
my reason in calculations the last 20 years alone I’ve paid over $1.6 million dollars in real estate
tax to this county. But yet I was never thought that one day I would be standing in a position
where the city actually victimizing me and antagonizing me for a long period of time. And that’s
what I want to present to you all today. I bought a rental property in Green Forest Subdivision
about 15 years ago and since I bought it we’re starting to experience a lot of, every now and then
the sewer lines will be backed up ---
Mr. Russell: I hate to interrupt. I’m sorry. It’s my understanding you’ve already
contacted an attorney in reference to this.
Mr. Lin: Well, we have not filed an official suit yet, okay?
Mr. Russell: You’ve contacted an attorney and we’ve got a letter from your attorney ---
Mr. Lin: That’s right but I do believe as a citizen I have access to the Commissioners and
I believe they, you know I’d to present my ---
Mr. Mayor: Okay.
Mr. Lin: --- to the community leadership who represents the people.
Mr. Russell: (inaudible)
Mr. Lin: All right. Okay.
Mr. Russell: I apologize for interrupting.
Mr. Lin: Okay, it’s all right. We start to have backups in serious manner. I mean I’m
talking about human waste coming up in the tubs and toilets. Initially we assumed it was our
problem and hired plumbers and tried to roto-router and strangely lots of times after they roto-
router it’s still not going. But anyway long story short we finally have a, had a plumber who
actually went into the street and manhole that is right in front of the house and he opened it and
he found the mystery. That the city line was clogged up all the way. And from there on we
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noticed that every time we have a backup it is the city who’s backed up and our line water cannot
go anywhere because that section of the line is completely clogged. So then I approached the
officials that I used to approach and they always say it’s our problem. But this time with the
plumbers findings finally I spoke to Mr. Hicks and Mr. Hicks who was the director at that time
finally admitted to me that they’ve been having problems for the longest time with that Butler
Creek line especially in Green Forest and he acknowledged that they are infiltration of storm
waters and the line is not big enough and they don’t have the money to do anything about it.
And I say, well, what am I going to do? My house is the lowest on the line. So when it backs up
I get it first you know and I have lost so many tenants because they just couldn’t put up with it.
So I asking you know what is the plan about solving the problem? I was told there is an issue of
bond, it’s called 1996 Bond and that was supposed to take care of it. But they say until then all
they can do is try to the best they can to help us to get relief. So he pledged to send water jets to
roto-router their own main line every time we report a backup and he also offered to put a back
flow preventer which if it back flows most of it will shoot out to the yard instead of inside. I
mean as a cooperative citizen you know we’re just going to cooperate so we’re hoping
everything will be all right. But as it turns out every year we get hit at least five six times. Every
time when you get big storms it’s the same, human waste is all over and it shoots all over the
yard. And the city then comes of course it’s always after the fact we get to call them and then
they roto-router their line. And sometime we even have to argue with the city service men that
they need to roto-router ours too. They say we don’t do private lines. I say but you guys are the
ones backed up into mine. You know I mean I can’t believe every time I have to go through that.
But anyhow they will come sometimes they will come and throw lines over the human waste, all
over the yard which, I’ve got plenty of photos I want to pass around. But I want to use my five
minutes first before I pass the photos, okay. I mean you will see that this is beyond anybody can
tolerate. But you know, okay, first then I would like to show this one, which is the letter. This is
the letter we received from Mr. Hicks acknowledging the problem and pledged to clean up each
month. But the problem is the back up doesn’t come each month. It depends on the weather,
okay? So that’s to prove that official has actually acknowledged the problem. Then the next will
be the photos. As you can see those are the back flow preventers and when it backs up human
waste is all over the yard and that area is most fertile as you can see. Even tomatoes grow there.
Okay?
Mr. Mayor: Okay ---
Mr. Lin: But uh, definitely very lethal to humans.
Mr. Mayor: And Mr. Lin with all due respect and I apologize but the five minutes are up.
I’m sorry that this got forwarded to the full Commission because during committees you know
you can extend your presentation past five minutes. But the gentleman that just came before you
had five minutes as well. So if there are any questions though from the Commission.
Commissioner Holland, then Commissioner Smith.
Mr. Holland: Thank you, Mr. Mayor. I would like to ask Mr. Lin in reference to the
pipes that were placed in your yard or the pipes that the city was using. What size or what inch
pipes were they using in reference to placing them in your yard to cause this backup?
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Mr. Lin: I’d like to put this on. This is a diagram of the house. The two dash lines here
this line is my original sewer line. Then the city came along and say let us add this one and see it
helps any until the better line is permanently corrected because they say once they get the money
they’re going to build a release line on the back side of the creek for everybody. And then after
so many backups we finally sat down with the Administrator and asked for a permanent solution
because my tenants just keep on moving left and right. So they proposed that they would put a
sump pump and that’s what the “P” stands for, right there, okay? So after negotiating with them
they say they will put a sump pump so that if it backs up the pump it will push through. I say
okay anything; anything is welcome because it’s intolerable right now for us. But we were
negotiating a point about how to go about installing this sump pump because the Administrator
was going to cut these two lines out. They say they will take out the gravity feed and just have
the sump pump line. But my question to him is that if the sump pump, which is mechanical if it
ever breaks down what, is my people going to do if they don’t have any sewers? So I want to
leave the gravity feed because it’s working 360 days out of the year as long as the city line is not
backed up. So finally after some negotiations they agreed to do it but here’s what they ended up
did. They put a sump pump right here and they used a 2-inch line. They actually cut out this
line even though after they agreed not to take it out because the minimum line for city residential
is 4 inches. Okay, but they also cut out this line, okay? So they ended up letting the water drain
this way and make it 130-degree turn and empty into a 2-inch line and going into a sump pump
and is only protected by a little thin plastic housing that is like a garbage can. And then turn
another 90 degrees to go into this way.
Mr. Mayor: Okay and the Commissioner’s question was what inch line is it. I know that
was a long answer to the question but it’s a 2-inch ---
Mr. Lin: It makes matters worse actually.
Mr. Mayor: --- 2-inch line. Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. I’d like to hear from Drew Goins about the Utilities
Department on that. Could we do that?
Mr. Mayor: Sure.
Mr. Goins: I’m not personally aware of the size of the line or anything like that. I do
know that the city contracted this work to be done as a municipal courtesy to Mr. Lin. But I’m
not sure what size the line was or anything else. We can determine that if we need to but that ---
Mr. Mayor: Okay.
Mr. Goins: Does that answer your question, Mr. Smith?
Mr. Smith: Not really. Maybe that’s best left for the courts, I don’t know. But it seems
to me that the house was built in the wrong place.
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Mr. Goins: In reviewing the file you know that was something that was discussed in the
file that the finished floor of the house is too low and that’s the reason for the backup.
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: I’ve heard that before but if there was a permit you can’t build a house until
you get the permit can you? Somebody gave a permit, somebody in this city or county or
whatever authorized this to be done and if all of this is true I don’t believe there’s a court issue
here. If we do due diligence and right now looking at what I see what I see up here is the
seriously responsibility to straighten this out. And I really don’t think we need to hang around
and shuck and jive. This man ain’t interested in suing the city. He’s interested in getting his
property straight so he can rent it so he has proper sewage. That’s all I hear. And I just think we
need to do that.
Mr. Mayor: Okay. Commissioner Brigham.
Mr. Brigham: Mr. Goins, can you tell me when you got the sewer line scheduled on
Butler Creek or do you have that chart? I’m sure you have that information.
Mr. Goins: I don’t have that information with me now.
Mr. Brigham: Can you get us some information as to when it’s to be installed?
Mr. Goins: Yes.
Mr. Brigham: Thank you.
Mr. Mayor: Commissioner Johnson.
Mr. Johnson: Thank you. Drew, I also have a question. Do y’all have some kind of time
line exactly? First of all, you know exactly what the problem is causing this, correct?
Mr. Goins: I’m being told what the problem is but I have not investigated this personally.
Mr. Johnson: Okay.
Mr. Goins: All I’m doing is reporting to you what I have read in the file.
Mr. Johnson: Okay, well, can you maybe investigate this a little bit more and then just
get us some information on what you found in regards to this? And also therefore we can know
exactly what needs to be done to address and deal with it. I think that’s what we need to go with
because like Dr. Hatney said we want to resolve this issue for him. We don’t want to create any
more I guess chaos than there already is with it. We don’t want to court. There’s no need to do
that. If it’s an issue I want us to deal with it. But if you can do that and report back to us you
know with that information I definitely, I know everybody else would appreciate it.
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Mr. Mayor: Commissioner Mason.
Mr. Mason: Mr. Lin, you had I think you put up a letter signed by Max Hicks showing.
Now it talked about a vacuum truck, a vacuum jet truck there coming each month. Did the truck
come every month?
Mr. Lin: Most times but see that doesn’t help much because it takes a storm to do that.
So if it’s sunny no problem. My sewer is flowing good. And by the way about my house being
too low. You cannot defy what God has placed in as a physical law. You cannot possibly make
water flow from high to low to high not even for a second. So as long as the city line is running
my house has no problem. How do you explain that? I mean nobody is above the law.
Mr. Mayor: Sir?
Mr. Lin: I am victimized.
Mr. Mayor: Sir, again, I understand your frustration but could you, when he asks a
question if we could sort of try and answer the question.
Mr. Lin: I understand. The reason why I’m squeezing detail into it is because I seem to
be cut short of my presentation to be able to get the full problem to the Commissioners. Because
this is my chance to avoid going to court and I don’t want to, the city always wanted to make
problem bigger instead of solving it when it’s resolvable. I’m here trying to solve the problem.
Mr. Mayor: Yes, sir, and ---
Mr. Lin: Why not listen to me?
Mr. Mayor: --- and because we also ---
Mr. Hatney: Mr. Mayor.
Mr. Mayor: --- hold on, Commissioner Hatney. Let me just. But we have had other
presentations and we limit them to five-minutes in these chambers. So to be fair to everybody
we’ve limited everybody that’s made a presentation to the five-minutes as well. And I
apologize. It’s just the constraints that we operate under in this chamber whereas had it gone
through committee you would have had as much time as you needed. Commissioner Hatney.
Mr. Hatney: And not to simply say to the Commission that he was scheduled to come
twice to the committee but the committee did not have a quorum so he could not make his
presentation. He came to the committee it’s not his fault. He was down here twice and we did
not have a quorum so he could not make his presentation. It’s not his fault.
Mr. Brigham: Mr. Mayor, I make a motion we refer this back to committee.
Mr. Jackson: Second.
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Mr. Brigham: Call the question.
Mr. Mayor: Okay, we have a motion and a second and the question has been called for.
And, Mr. Lin, this would be to go to the committee meeting next Monday and at which point you
would not have a time constraint and can take as long as you want.
Mr. Hatney: Fair enough.
Mr. Mayor: We have a motion and a second.
Mr. Brigham: --- committee meeting ---
Mr. Mayor: Oh, excuse me.
th
The Clerk: --- the 11.
Mr. Grantham: When is it?
th
The Clerk: Wednesday the 11.
th
Mr. Mayor: Wednesday the 11.
The Clerk: Yes, sir.
Mr. Mayor: I apologize but we have a motion and a second and the question has been
called for.
Mr. Johnson: Mr. Mayor, I would just like to add to that we have that information from
Drew by the end if that’s possible.
Mr. Hatney: There’s stuff you’ve got to pass out.
Mr. Johnson: Okay. Thank you.
Mr. Holland: Mr. Mayor, I hate to interrupt but you know this is interrupting and I had
my hand up for the last 45 seconds.
Mr. Mayor: Well, I apologize, Commissioner Holland.
Mr. Holland: If I could make one statement that if when Mr. Lin goes before the
committee and when he meets with the Administrator I hope that it would take everything under
consideration that this man has gone through for the last couple of years. Because this man has
paid, look at the taxes that this man has paid in this city. And hopefully that we would take this
under consideration when he goes before the committee and get with the Utilities Department,
with the sewage department whatever and do the right thing by helping this man get his property
33
back where it’s supposed to be. Because he has been suffering for some time and for some
unconcerned reason it appears as if he has not been treated fairly.
Mr. Mayor: Okay.
Mr. Holland: All the citizen wants is just to be treated fairly. Thank you.
Mr. Mayor: Okay ---
Mr. Lin: Can I just put one word in there?
Mr. Mayor: Sir, I’m sorry the question, the motion has been made the question has been
called for and so we’re going to operate under proper procedure. Commissioners will now vote
by the usual sign. And they’ve got to get from here to the elevator so you have plenty of time to
catch them individually between here and there.
Ms. Beard and Mr. Bowles out.
Motion carries 8-0.
Mr. Mayor: Madam Clerk, I believe that ends our regular agenda.
The Clerk: Yes, sir.
Mr. Mayor: Madam Attorney, do we need a Legal Session?
Ms. Johnson: No, sir.
Mr. Mayor: All righty. With no further business to come before the body we stand
adjourned. Thanks everybody for a lively meeting today.
[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
February 3, 2009.
______________________________
Clerk of Commission
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