Loading...
HomeMy WebLinkAboutCOMMISSION MEETING MAY 19, 2009 REGULAR MEETING COMMISSION CHAMBER MAY 19, 2009 Augusta Richmond County Commission convened at 2:00 p.m., May 19, 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 Minister Jack Trowell, Interim Pastor, Gethsemane Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Thank you, Reverend. Nicely done. Madam Clerk, if we could go to the Recognitions. RECOGNITIONS 2009 Nurse of the Year A. Ms. Carolyn Rainey-Jones, CSRA 2009 Nurse of the Year. (Requested by Mayor Pro Tem Alvin Mason) The Clerk: Yes, sir, Mr. Mayor and members of the Commission. At this time we would like to recognize Ms. Carolyn Rainey-Jones. Would you please join the Mayor Pro Tem along with the Mayor? Ms. Jones is being recognized as the CSRA 2009 Nurse of the Year. Mr. Mason: Thank you. I just want to take this opportunity to recognize Ms. Carolyn Rainey-Jones. She was selected as the CSRA Nurse of the Year for 2009. And I just want to express how important that profession is and what they bring to our community. This gave her an opportunity to be recognized by this government for us to let you know that we really appreciate what it is that you do. We appreciate what it is that all of you do and we have several of them out in the audience as well. Please stand. We want to see those that came out to support Ms. Rainey-Jones, all in the medical field. First let’s give them all a hand. This is a wonderful thing. (APPLAUSE) And we just wanted to take an opportunity from this government to really reward and award Ms. Carolyn Rainey-Jones for all that she does throughout the year. Mr. Mayor. Mr. Mayor: Thank you, Mr. Mayor Pro Tem. Certificate of Recognition given to Carolyn Rainey-Jones, 2009 CSRA Nurse of the Year. We commend you for your significant contributions and distinguished service as a health care professional for 34-years. Your exceptional services at the Department of Veterans Affairs Medical Center in the spinal cord injury clinic urology has been marked by superiority and healthcare delivery. The City of Augusta recognizes your commitment, hard work and the enthusiasm you have shown to emphasize the importance of quality healthcare. Your accomplishments in the nursing profession have touched the lives of many patients, families and colleagues. We greatly appreciate the sacrifices you make for our nations servicemen. Your dedicated service, 1 professionalism and your can do attitude is exemplified and your continued commitment and selflessness of your time and knowledge which is demonstrated in the quality of care you provide to our servicemen and serves as an example and inspiration for us all. Given under my th hand this 19 Day of May 2009. (APPLAUSE) Ms. Rainey-Jones: Thank you so much. This is a great pleasure to be here today to accept this award. Nursing to me is not a job, it’s not a career. Nursing to me is a calling. It is my passion. For 35 years nursing has given back to me more than I ever thought it would be. I have had the opportunity to be with patients, amazing families and caring coworkers. Therefore I’m thankful, I’m honored and I’m humbled to accept this award. (APPLAUSE) Mr. Mason: I’d just like to say one final thing. The Mayor is usually out of town during that week of that you have your program and it was very rewarding for me to come on his behalf and give greetings at that event. And I’ll tell you I’ll be willing to do that every year. That is his anniversary time and so we don’t want to infringe upon him on that. But I had such a great time and we were communicating with great folks and the cause is so great. And so I’d be more than happy to take upon myself as long as I’m up here to come out and give greetings on behalf of the Mayor and this Augusta-Richmond County Commission. Thank you. (APPLAUSE) Mr. Mayor: You’ve got a deal. Mr. Holland: Because it’s a lot of ladies, isn’t it? Mr. Mayor: I believe I’ve got to come back down, don’t I? RECOGNITIONS B. Ms. Patricia Boozer, Customer Service Clerk, Augusta Utilities Department. The Clerk: Yes, sir. Commissioner Jimmy Smith, would you like to join the Mayor in recognizing Ms. Patricia Boozer who is a Customer Service Clerk with the Augusta Utilities Department. Would those from the Utilities Department that would like to share in this recognition? We would like to share with you the acknowledgement letter from our Employee Recognition Committee. Dear Mayor Copenhaver. The Employee Recognition Committee has selected Patricia Boozer as the April Employee of the Month for the City of Augusta. Ms. Boozer is a Customer Service Clerk with the Utilities Department. She has been employed with Augusta for over 10 years. Ms. Boozer was nominated by fellow coworker Amy Prior. Ms. Boozer was instrumental in collecting approximately $36,000.00 in outstanding debt, which has been written off. Her fellow employees consider customer service to be Patricia’s specialty. Ms. Boozer’s cost savings to the city and her positive customer service has earned her the recognition of Employee of the Month. The committee felt that based on the nomination and Ms. Boozer’s dedicated and loyal service to the City of Augusta we would appreciate you in joining us in awarding her the April Employee of the Month. (APPLAUSE) Mr. Goins: I just wanted to say we appreciate Ms. Boozer’s work very much. She’s the type of employee that exemplifies what we try to have in the Utilities Department and that is customer service. So thank you and thank you for recognizing her. 2 Mr. Mayor: I’ll read this to you and then if you’d like to say anything I’ll give the microphone over to you. Dear Ms. Boozer. On behalf of the City of Augusta it is with great pleasure that I congratulate you for being recognized as the Employee of the Month for April 2009. You’re contribution to your organization Augusta-Richmond County Government and the citizens of Augusta has earned you this recognition. I appreciate your willingness to go above and beyond the call of duty and your outstanding work ethic. You are truly an asset to the Augusta-Richmond County Utilities Department and the citizens of Augusta Georgia. Please accept my personal congratulations on this wonderful award. You are truly deserving of this recognition. Sincerely yours, Deke Copenhaver, Mayor. (APPLAUSE) Mr. Smith: I’d like to take this opportunity to thank you for your hard work and what you’re doing. And Mr. Mayor I would like to see if we could transfer her to the Tax Office so she can collect some of this money that’s owed us. (APPLAUSE) Mr. Mayor: So moved. Okay, we’ve got one last person that would like to speak. Ms. Boozer’s Son: My Mom is a great Mom and she loves me and she takes care of me. And she’s a great Mom on Mother’s Earth and I never want her to leave this Earth. (APPLAUSE) Mr. Mayor: Amen. Madam Clerk, on to the delegations I believe. The Clerk: DELEGATIONS C. Mr. James (Jim) McLaughlin, PE Wilber Smith Associates. RE: Update of the Transportation Development Plan. Mr. Mayor: And if you could keep it to five minutes please sir. Mr. McLaughlin: Yes, indeed, Mr. Mayor, Mr. Mayor Pro Tem, Commissioners. I wanted to provide an update on the ongoing work that we’re doing. As you know we’re trying to look at the transit development plan and the system and take a look at what’s transpiring out there and come up with some recommendations for both the short and the longer terms. In order to do this in a thorough manner we’ve been moving slowly. We want to know the details of what’s happening currently plus making sure we get the input from other interests groups on what they might look at for the next five years. Plus we’ve completed a thorough review of the existing data and also done a community survey. We’ll talk about the results. The system overview for those that know the system this will come of no surprise the existing riders are dependent, very dependent on the service. If you were to start the system from scratch three corridors that you would definitely use would be Washington Road, Wrightsboro up to the Augusta Mall and Martin Luther King down to the K-Mart Transfer Center. Those would be the background, backbone routes of any system that we’ve been asked to look at everything to tweaking the current system to looking at what you would do if you would start over. Some of the other routes have what we call outer direction components where they zig and zag across the 3 main line but they serve schools and public housing authority dwelling units and so doing. Currently the main transfer center is located in a place where really no one wants to go. So what we’re doing is we’re bringing everybody to that place to transfer and no one is walking from there and going to another destination. So those are the things I think we need to take a further look at. From a survey standpoint I’m happy to say that we’re able to reach out and get input from infrequent users of non users of the system and that’s one of the things that’s difficult no a days because we used to be able to do telephone surveys. Nowadays you don’t want to try and do a telephone survey. What we found is that the people that’s different from the onboard survey and the community survey there’s more availability of autos, there’s a broader distribution of income levels and it suggests that there may be the input from those folks are giving us more comments from quote unquote choice riders that could be latent riders of the system. In general the survey shows that ABT is clean, pleasant and a good value both their areas of improvement such as bus stop convenience the areas served the hours of operation and the routings and connections currently work. Folks have indicated an interest to connect to Fort Gordon and South Augusta and other areas. Those things are going to influence us because it’s down to finances and a long -term are uncertainties at every level involved. There’s the federal level the surface transportation act, the sun sets in September of this year, authorization is moving slowly and there may not be anything but a continuing evolution at the federal level in the short term. Heywood Johnson has joined with others in what’s called the 100-bus coalition. That’s means if you have less than 100-vehicles the thought is that you should have the flexibility of being able to use federal funds for both operating and maintenance. Currently if you’re over 200,000 in population you can only use federal funds for capital size. We think this is a management issue and we’re supporting what Heywood is bringing forward from the work that we continue to do with the American Public Transportation Association. There’s also an ongoing bill in Congress that are dealing with climate change and energy. There’s discussion that’s anything to do with cap and trade may include public transportation but frankly these are longer-term perspectives. We know that there has been continuing lack resolution of what’s happening at the state level which means every year when you’re doing your budget process you have to deal with the computing interest for local funding. Are next steps will be to look at the specific service alternatives to figure out what the costing effects will be as some of those alternatives come back and represent that to the stakeholders. We had another stakeholder meeting earlier today. And then develop a draft final that we can present to you. We anticipate that there’s going to be some tough choices to make. In the short term hopefully the future of public transit is more bright in the long term. And that concludes my presentation. Mr. Mayor: Thank you, sir. Do we have any questions? Okay, thank you so much. Madam Clerk, on to --- Mr. Grantham: Mr. Mayor --- Mr. Mayor: Commissioner Grantham. Mr. Grantham: --- can I have a point of privilege if you don’t mind? I would just like to say for those of you who missed Thunder Over Augusta last Saturday night. It was a spectacular show and one that I think we owe the citizens of this community for putting on such an outstanding show. Donny Thompson as well as Andy Jones, with the Gerald Jones and Donny 4 Thompson with Windsor Jewelers, where several of our own Commissioners as well as our Fire Chief who were involved in that program and they really did a wonderful job. Fortunately we avoided the rain and there was over 10,000 people down in the area around the commons as well as down by the Fifth Street Bridge. It was very well handled it was safely guarded and I just think we owe those people a debt of gratitude and I’d like for our minutes to reflect that. Mr. Mayor: Great, thank you, Commissioner Grantham. Madam Clerk, on to the consent agenda. The Clerk: Yes, sir, our consent agenda consists of items 1-26, items 1-26. For the benefit of any objectors to our Planning petitions once those petitions are read, if there are any objectors, would you please signify your objection by raising your hand? I call attention to: Item 1. Is for a change of zoning with conditions that the front parking spaces be converted to a parallel parking design for employees only; 2) that a parking diagram of the rear yard be approved by the Planning Commission prior to the issuance of a Certificate of Occupancy a change of zoning from a R-1A (One-family Residential) to Zone B-2 (General Business) affecting property at 3602 Milledgeville Road. Item 2. Is for a change of zoning from a Zone R-1A (One-family Residential) to a Zone R-3A (Multiple-family Residential) affecting property known as 3227 Milledgeville Road. Item 3. Is for amending Section 21-2 of the Comprehensive Zoning Ordinance (Special Exception) in a B-1 (Neighborhood Business) by adding liquor stores and establishing minimum development criteria for uses already allowed by Special Exception. Item 7. Is for a Special Exception to establish a Family Day Care Home at property at 2617 Claymont Road. Item 8. Is for a Special Exception to establish the Kroc Community Center affecting property at the intersection of Broad and Eve Street. Item 9. Is for a change of zoning from a Zone R-3B (Multiple-family Residential) to a Zone P-1 (Professional) affecting property at the intersection of Eve Street and the Augusta Canal. Item 10. Is for a Special Exception to establish a construction trailer at property at 3512 Morgan Road. The Clerk: Are there any objections to those Planning petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: I call you attention to the Public Services portion of the agenda. If there are any objections to our alcohol petitions would you please signify your objections by raising your hand when the petition is read. Item 11. Is to deny for a retail Beer & Wine License for Quick & Easy Grocery located at 2537 Wheeler Rd. Item 12. Is to deny an Arcade license to be used in connection with Cool Delights located at 4108 Windsor Spring Road. 5 The Clerk: Are there any objectors to those petitions? You’re in favor of denying right? Okay so they’re in support of that one. Okay. Mr. Speaker: (inaudible) The Clerk: Okay. The objectors. Okay. That’s item #11? Mr. Grantham: Yeah, that needs to be pulled. The Clerk: Okay. Mr. Mayor: Okay, eleven has been pulled but I’ll go back to do we have any additions to the consent agenda? Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: I’d like to add the appointment of the Nurses Association member to the Board of Health. And I would recommend that since Cathy Green is a current member of the Board of Health that we appoint here on item #31. Also on item #32 it’s my recommendation we add, I mean 28, item #28 that we add recommendation number two for FPL Food to the consent agenda and accept their generous offer to pay some back taxes. The Clerk: Twenty-eight. Mr. Brigham: Twenty-eight. The Clerk: Accepting the recommendation of number two. Mr. Brigham: And add it to consent. Mr. Mayor: Yes. Mr. Hatney: Mr. Mayor? Mr. Mayor: Commissioner Hatney. FINANCE 29. Consider a request from Mr. Ming F. Lin regarding a refund of taxes for the years 2006 through 2008 on property located at 3008 Mistletoe Avenue. (No recommendation from Finance Committee May 11, 2009) 30. Consider a request by the Olin Corporation that penalty and interest be refunded on 5 2008 tax bills. (No recommendation from Finance Committee May 11, 2009) Mr. Hatney: If the other Commissioners consent I would like to offer items 29 and 30. 6 The Clerk: On our addendum agenda? Mr. Hatney: Yes, the addendum agenda. The Clerk: To be deleted? Mr. Hatney: Yes. The Clerk: Okay. Mr. Mayor: Not much left to add to the consent agenda. Commissioner Johnson. Mr. Johnson: Mr. Mayor, I’d like to add to the consent agenda to reappoint, not reappoint, I’m sorry, to appoint a new appointee to the Canal Authority in place of Michael Thanes. Mr. Mayor: There’s not an agenda, an item number on that. Mr. Johnson: There’s not, no. I want to add it to the addendum agenda. Mr. Brigham: To add and approve? Mr. Grantham: Add and approve? ADDENDUM 33. Motion to approve the appointment of Mr. Peter Hughes to the Augusta Canal Authority representing District 2. The Clerk: Add and approve to the consent agenda. Mr. Peter Hughes to be District 2 Representative on the Augusta Canal Authority. Mr. Mayor: Everybody good on that? Okay. Ms. Johnson. Ms. Johnson: Item #3 on the consent agenda. If we could state for the record that we’re waiving the second reading on that item per the request of the Planning Commission and there were no objectors to that amendment. The Clerk: You’re asking that item three that the second reading be waived at the request of the Planning Commission. Mr. Brigham: Can we have a little discussion on that before we do that then? Mr. Mayor: Mr. Brigham. 7 Mr. Brigham: I’d like to hear the criteria of this for the Special Exception to be granted. There was nothing in the backup that indicated that it was. Or either we can not do the second reading and let us start on it next week if you want to do it that way. I don’t care which. The Clerk: Mr. Patty’s coming, Mr. Brigham. Mr. Mayor: Mr. Patty. Mr. Patty: Right now liquor stores are only allowed in B-2 zones. They continue to be allowed by right in B-2 zones but if you go along with this they would also be allowed by Special Exception. Another words y’all would have to vote on B-2 zones if they meet the following criteria. And these would be subjective and objective criteria. One subjective criteria would be the surrounding area the nature of the surrounding area is not predominantly residential and only a few commercial uses are interspersed. Objective criteria would be the location of the property is at the intersection of two arterial streets or within 500-feet of such an intersection and third the proximity of public places. The property is not within 1000-feet of a public park or recreation, school or library, so if it met those criteria and it could be considered by y’all as a Special Exception in a B-1 zone. Mr. Brigham: Thank you. Mr. Mayor: Are you okay with that, Commissioner Brigham? Mr. Brigham: I’m fine with it. I just needed to know what they were. Mr. Mayor: Okay, thank you, sir. Okay, do we have moving forward I believe actually in front of us on item #23 we have a correction on the agenda. The Clerk: Yes, sir. Item 23 on our addendum agenda the numbers were transposed. It should be $47,038,492.00. That’s $47,038,492.00 for the guaranteed maximum price in the amount for the Potts Construction to build the Augusta Judicial Center presently under construction. Mr. Mayor: Okay. Do we have any items to be pulled for discussion? Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. I’d like to pull item # 12 for a brief clarification on that please, sir. The Clerk: Twelve? Okay. Mr. Mayor: Do we have any further items to be pulled for discussion? Mr. Brigham: Mr. Mayor, you also didn’t have unanimous consent for the waiver of the second reading on item #3. 8 Mr. Mayor: We don’t have unanimous consent, okay we do. Okay with no further items to be pulled for discussion I would look for a motion to approve the consent agenda. Mr. Hatney: So moved. Mr. Grantham: Second. CONSENT AGENDA PLANNING 1. Z-09-22 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions 1) that the front parking spaces be converted to a parallel parking design for employees only; 2) that a parking diagram of the rear yard be approved by the Planning Commission Staff prior to the issuance of a Certificate of Occupancy; a petition by April Avent, on behalf of Bibi & William Clark, requesting a change of zoning from Zone R-1A(One-family Residential) to Zone B-2 (General Business) affecting property containing .64 acres and is known as 3602 Milledgeville Road. (Tax Map 068-0-017-00-0) DISTRICT 4 2. Z-09-24 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Vantage Development, on behalf of William Sasser, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-3A (Multiple-family Residential) requesting a single family detached housing development consisting of 40 units affecting property containing approximately 5.6 acres and is known as 3227 Milledgeville road. (Part of Tax Map 069-2-053-00-0) DISTRICT 5 3. ZA-R-194 – A request for concurrence with the Augusta Richmond County Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance by amending Section 21-2 (Special Exceptions) in a B-1 (Neighborhood Business) Zone by adding a liquor stores and establishing minimum development criteria for uses already allowed by Special Exception. 4. FINAL PLAT - FOREST PLACE, PHASE 1-A & 1-B – S-780-1-A & 1-B – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Southern Land Surveyors, on behalf of Sibley Development LLC, requesting final plat approval for Forest Place, Phase 1A and 1B. This residential subdivision formerly known as Sibley Road Townhomes is located on Sibley Road and contains 16 lots. 5. FINAL PLAT – WEST WHEELER TOWNHOMES, PHASE 8-S-797 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Southern Partners, on behalf of ATC Development, requesting final plat approval for West Wheeler Townhomes, Section 8. This townhome subdivision is located on Aruba Circle, adjacent to West Wheeler Townhomes, Phase 7, Part B and contains 13 lots. 6. FINAL PLAT – MAYO TOWNHOMES, PHASE 3–S-708-III – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by H. Lawson Graham and Associates, on behalf of Gene Vinston requesting final plat approval for Mayo Townhomes, Phase 3. This residential subdivision is located on Mayo Lane, adjacent to Mayo Townhomes, Phase 1 and 2 and contains 12 lots. 7. Z-09-18 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Amelia Williams, on behalf of Ming Lin, requesting a 9 Special Exception to establish a Family Day Care Home per Section 26-1(F) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .29 acres and known as 2617 Claymont Road. (Tax Map 130-0-663-00-0) DISTRICT 4 8. Z-09-19 – 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 Special Exception to establish the Kroc Community Center per Section 20-2 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing multiple parcels comprising approximately 16 acres generally located at the northeast corner of the intersection of Broad and Eve Street. (A complete list of tax parcels is available on the Planning Commission office) DISTRICT 1 9. Z-09-20 – 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 change of zoning from Zone R-3B (Multiple-family Residential) to Zone P-1 (Professional) affecting property containing multiple parcels comprising approximately 11.5 acres generally located at the intersection of Eve Street and the Augusta Canal. (A complete list of tax parcels is available at the Planning Commission office) DISTRICT 1 10. Z-09-21 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following condition 1) that the criteria that appears in Section 8-2-(d)(1), (4),(5) and (7) concerning construction trailers be complied with; a petition by Mabus Brothers Construction, on behalf of Jeff Scott Rowe, requesting a Special Exception to establish a construction trailer per Section 8-2(d) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .4 acres and is known as 3512 Morgan Road. (Tax Map 118-0-337-00-0) DISTRICT 4 PUBLIC SERVICES 13. Motion to approve additional funding for senior transportation to nutrition centers to be charged to the Contingency Account. (Approved by Public Services Committee May 11, 2009) ADMINISTRATIVE SERVICES 14. Motion to approve GMEBS DB Retirement Plan Amendment with immediate vesting for SES and extra 5 years of service credit for the individual that was RIF and allow future Commissions to make a decision concerning the five years of services for a RIF if necessary. (Approved by Administrative Services Committee May 11, 2009) PUBLIC SAFETY 15. Motion to approve awarding of contract for FRP #09-089A to Bailey’s Communications for paging services for the City of Augusta. (Approved by Public Safety Committee May 11, 2009) 16. Motion to approve the purchase of a security gate at Charles B. Webster Detention Center. (Approved by Public Safety Committee May 11, 2009) 17. Motion to approve and amend the budget for use of Augusta Fire Department fund balance residuals to fund 100% reimbursable rescue training cost associated with GEMA Grant. (Approved by Public Safety Committee May 11, 2009) 10 FINANCE 18. Motion to approve the purchase of two backhoe/loaders for the Utilities Department- Construction Division. (Approved by Finance Committee May 11,2 009) 19. Motion to approve a request from ADSI Moving Systems, Inc. regarding a refund of taxes for the years 2007 and 2008. (Approved by Finance Committee May 11, 2009) 20. Motion to deny a request from Mr. Jugal K. Purohit regarding a waiver of penalty on ten (10) tax bills due to national economic conditions. (Approved by Finance Committee May 11, 2009) 21. Motion to approve an Ordinance to amend Article 1, Section 2-5-5 of Chapter 5 of Title II of the Augusta-Richmond County Code, called “Chapter 5 Theft Prevention”; to provide clarity regarding the use of personal identification numbers for new and existing covered accounts and; to provide an effective date; and for other purposes allowed by law. (Approved by Finance Committee May 11, 2009) 22. Motion to approve a Resolution authorizing the settlement of all claims related to the real property of Patricia Pace located at 3416 Applejack Terrace, Augusta, GA; an amendment by the attorney to change the amount to $41,882.47 to reflect an award of costs to the City in the amount of $6,117.53 in prior litigation that was damaged; authorizing the City Administrator to disburse the amount of $41,882.47; waiving Augusta-Richmond County Code of Ordinances sections in conflict for this instance only; and for other purposes. (Approved by Finance Committee May 11, 2009) ENGINEERING SERVICES 23. Motion to approve the Guaranteed Maximum Price (GMP) in the amount of $47,038,942.00 for Potts Construction to build the Augusta Judicial Center currently under construction. (Approved by Engineering Services Committee May 11, 2009) 24. Motion to award bid to L-J., Inc. (sole bidder) in the amount of $196,120.72 for the removal and replacement of 200’ of failed CMP at the Municipal Golf Course. Approve under emergency conditions, as the pipe would only continue to fail while acquiring bids. The Contractor has been given a “Notice to Proceed” under an emergency basis. (Approved by Engineering Services Committee May 11, 2009) 25. Motion to approve Capital Project Budget and Supplemental Agreement Number Three as requested by the Engineering Department with Heath & Lineback Engineers, Inc. th in the amount of $64,580 for revisions extending the work on 15 Street from Broad Street to Reynolds Street; design of 14 additional retaining walls to minimize impacts to properties and 2 additional bridges; GDOT mandate to use a pre-approved street lighting consultant for final street lighting plans; design of traffic signals at 3 additional intersections; and creation of final shop drawings on the St. Sebastian Way/Greene th Street/15 Street project, CPB #324-041110-202824003. Funds are available in the project engineering account. (Approved by Engineering Services Committee May 11, 2009) PETITIONS AND COMMUNICATIONS 26. Motion to approve the minutes of the regular meeting of the Commission held on May 5, 2009) 11 FINANCE 28. Consider a request from FPL Food, LLC regarding a waiver of interest and/or penalties on their 2008 property taxes. (No recommendation from Finance Committee May 11, 2009) APPOINTMENT(S) 31. Consider the following recommendations from the Tenth District of the Georgia Nurses Association for the appointment of one (1) to the Richmond County Board of Health Cathy Green, Margaret Tuck and Pat Lynch-Hayes. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Mason and Mr. Holland vote No. Motion carries 8-2. [Item 14] Mr. Bowles votes No. Motion carries 9-1. [Item 28] Motion carries 10-0. [Items 1-10, 13, 15-26, 29, 30, 31] ADDENDUM 33. Motion to approve the appointment of Mr. Peter Hughes to the Augusta Canal Authority representing District 2. Mr. Hatney: So moved to add and approve. Mr. Grantham: Second. Motion carries 10-0. [Item 33] Mr. Mason: Mr. Mayor? Mr. Mayor: Mr. Mayor Pro Tem. Mr. Mason: Yes, I’d like the record to reflect that I’m voting No on #14. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: Madam Clerk, I’d like the record to reflect that I’m abstaining on all the juice license. The Clerk: The juice license. Well, we don’t have any on this. They’re coming up individually. They’ve both been, well, it’s been pulled. We have one. Mr. Hatney: It’s been pulled, okay. 12 The Clerk: Yes, sir. Mr. Bowles: Mr. Mayor, I’d like the record to reflect --- Mr. Mayor: Commissioner Bowles. Mr. Bowles: --- I’m voting No on item #28, please. Mr. Mayor: Okay. Mr. Holland: Mr. Mayor? Mr. Mayor: Commissioner Holland. Mr. Holland: In looking at it let the record reflect I’m voting No on item #14 also. Mr. Mayor: Everybody done with their No votes? All righty let’s move on to Madam Clerk the pulled items first. The Clerk: PUBLIC SERVICES 11. Motion to deny a New Application: A.N. 09-79; request by Henry Kim for a retail Beer & Wine License to be used in connection with Quick & Easy Grocery located at 2537 Wheeler Rd. District 1. Super District 9 due to the failure to meet the distance requirements. (Approved by Public Services Committee May 11, 2009) Mr. Harris: Yes, this item was brought before you in the last Public Services Committee and License and Inspection did vote to actually to recommend denial based on the fact that’s within 210 feet of a public recreations center. Mr. Mayor: Okay, I believe we have somebody representing. And if you could please state your name and address for the record and if you could keep it to 5 minutes, please, sir. Mr. Prather: My name is Lee Prather. My address is 3540 Wheeler Road Suite 514 Augusta Georgia. I’m an attorney here in Augusta. And we feel like that, this is my client Mr. Henry Kim who is wanting to reopen the Quick and Easy Grocery Store, which used to be owned by Henry Woo. Mr. Woo sold the business to Mr. Kim who actually lives on the premises also. Mr. Woo used to live on the premises for many years. And we feel like we have met the spirit of the ordinance through the measurements that the surveyor did from the door of Mr. Kim’s business to the door of the center that is in controversy is over 600-feet. There is some contention between the front door and this completely fenced in area that surrounds the center over there. We do have some pictures that I’d be happy to share with the Commission if anybody wants to see those. It shows the fencing and just wanted to emphasize that Mr. Kim is not trying to, you know he’s trying to help the neighborhood, he’s trying to get the economy 13 going again and this business has been closed for a while. He wants to be able to make it easier for the people in the neighborhood to be able to walk to the store to get items. He’s trying to be civic minded and again I wanted to emphasize that he does live on the premises. This is not a store where he’s closing up and leaving every night. Him and his wife live there 24 hours and we feel like again we have met the spirit of the rule from the ordinance that is in the books as far as measuring from the door to door with the distance requirements. And as far as the neighbors and things of that nature we like that and he does too that this would enhance the community by allowing them to have some places to get items that they may need in walking distance. And I believe you wanted to say a few words too if that is okay. Mr. Kim: Yes, sir, my name is Henry H. Kim and I’m living at 2537 Wheeler Road. I’m living there over store six years now. Then I’m living 2537 two years now. I buy the store and house. But my neighbors very good you know. I’m living all month. I’m just left for the summer (unintelligible) going travel and come back and see no problem with my house. Very good for my neighbors. But I’m working as an American in Minnesota for 18 years. Now we kind of feel bad. I was six years on Gordon Highway (unintelligible). I’m very proud of being American. Please help me everybody. Thank you. Mr. Mayor: Do we have any questions? Mr. Grantham: Can we get the rules from our Planning and Zoning people as to George - -- Mr. Mayor: Licensing --- Mr. Grantham: Yeah, if you could. They, we’re mentioning door to door and we’ve heard in the past from property line to property line, what are the guidelines that we are to use? Mr. Harris: The ordinance states by the most natural route of travel to the property line or the front door, which ever is applicable, which leads me to believe that in some instances like Broad Street we have buildings that are actually on the street level. But in other instances where the property line comes first the property line is what we measure to. Mr. Prather: May I add something to that? A natural line of travel in my opinion would be the sidewalk area. We’ve got a fence that goes in. The only way to get to the front of Mr. Kim’s business to the front door of that center is to go across that road. That place is completely fenced in. For a natural line of travel you would have to go along that route. Mr. Harris: The most natural would be to travel across the street to the opposite side of the street down that sidewalk. And the fence sits back in the corner on that property. What it is the actual terrain of the property from the Recreation Center exceeds back until where the apartment complex is behind there. I used to live in that neighborhood. As matter of fact I shopped at that store as a child. And it backs up and the property line sits right in that corner and it’s 210 feet. Mr. Grantham: Thank you. 14 Mr. Mayor: Do we have any further questions? Commissioner Brigham. Mr. Brigham: Mr. Prather, do you mind explaining to us the pictures that you placed up here? Mr. Prather: The pictures, this is the front. The lower picture is the front of the store and the other picture is just showing the line that you would have to walk to from the store to get to the front door of the Rec Center that is over there on Wheeler Road. Mr. Brigham: Okay, thank you. Mr. Mayor: And also do we have any objectors here? If you could please raise your hand? (5 objectors noted) Mr. Mayor: Okay and we have a representative of the objectors and I’d just ask you to state your name and address for the record as well and please keep it to 5 minutes as well, please, ma’am. Ms. Carpenter: My name is Andrena Carpenter and I live 2706 Hazel Street Augusta, Georgia. And I’m a part of the Sand Hill neighborhood in question. And we are aspiring to make this a better neighborhood in which to live in. Right now this area, I’m also raised on Allen Street right there in that area just as the other guy spoke. And we have Mt. Canaan Church nd that sits there on the corner of 2 Avenue and Wheeler Road and just a block away, not quite two blocks short blocks there is Woo grocery store we called it. It’s 2537 Wheeler Road. Now our organization we are not about another degrading spot in our neighborhood and we feel like this store coming there it would a degrading part because around the corner that picture that you have you go around the corner there’s also an eyesore spot not far right across from the center. And we as a neighborhood group we have been prescribing to do away with those kind of things. And I know when the Woo grocery store was there a lot of things started happening there before he moved there. And we don’t need another degrading spot in our area. And that’s what we’re trying to say now. We want a safe, clean and law-abiding neighborhood. And we know that if there’s liquor and wine that‘s there, there will only be another gathering spot and a hang around spot. Across the street there’s a multiple apartment building there with family and children. And we’re trying to save the neighborhood. And if comes and not to and wants to do a store we need beautiful housing and more unwanted things. We don’t need unwanted things. We need things that are going to enhance the City of Augusta and make it a better city of Augusta. I know that is what you Commissioners and Representative stand for. And so we’re hoping that you will continue to not grant these licenses for this to happen to take place in our neighborhood. Thank you. Mr. Mayor: Thank you, ma’am. Okay, do we, Commissioner Bowles. 15 Mr. Bowles: The club that you were saying. Is that the club when you walk out the front doors of the center to the left the, I guess it’s a grocery store. Do they have an alcohol license? Ms. Carpenter: I don’t think they sell alcohol. Mr. Bowles: Okay. I know they drink it out there all the time but I don’t know if they’re selling it or not. Ms. Carpenter: We are always begging and asking for help to do away with those things. We just don’t need this. We need some better housing. We want to do away with boarded houses. We want to do away with that. We want clean property. We want to live and be like Summerville that we live near. That’s how we want to live. We are in a historical area too. Mr. Bowles: Yes, ma’am, I live in the neighborhood, believe it or not, so I’m very familiar with it. Mr. Mayor: Okay, Commissioner Jackson, then Commissioner Beard. Mr. Jackson: Yes, could you tell me if there was a, if this previous location sold beer or wine? Ms. Carpenter: No. Mr. Jackson: Okay. Mr. Mayor: Commissioner Beard. Ms. Beard: Mr. Mayor, I’d simply like to say I have had calls from people who live in the area especially about people being up all times of night and they’re unable to sleep and what have you. And they’re really afraid to speak out because of what may happen. So for that reason I really don’t think they need anything that might increase this type activity. Mr. Mason: Motion to deny, Mr. Mayor. Mr. Holland: Second. Mr. Mayor: Okay, we have a motion and second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Smith votes No. Mr. Hatney abstains. Motion carries 8-1-1. Mr. Mayor: Okay, Madam Clerk, the next pulled agenda item. The Clerk: 16 PUBLIC SERVICES 12. Motion to deny a request by Mark Randall for an Arcade License to be used n connection with Cool Delights, Inc. DBA Dipping Dot’s located at 4108 Windsor Spring Rd. District 6. Super District 10 due to the failure to meet the distance requirements. (Approved by Public Services Committee May 11, 2009) Mr. Harris: Yes, this item was brought before you all at the last Public Services Committee Meeting. This was a request by Mr. Randall. He’s the owner of Cool Delights, which is Dipping Dot’s, which is an ice cream parlor. And his request was to have an Arcade License permitted at that location. And due to the fact that there are distance requirements required for an arcade Mr. Randall had a plat in the process of being done and the architect who was doing the plat let him know in advance that he would not meet the distance requirement. So what Mr. Randall is doing today is coming before you asking for some kind of direction as to where he should go with this. Because he really feels that this is going to be instrumental in his success in what he’s doing in South Augusta. And I would think that probably what needs to happen that you all task us in Licensing and Inspection to look at the ordinance to see what we can do to make it where he can fit somewhere as a family friendly business in the vein as such as a Chuck E. Cheese or something in that nature. I think when the ordinance was written it was during the time when video poker was having its heyday in South Carolina and they were getting ready to close it up and we didn’t want them migrating across here to open in Augusta in our city. So the ordinance was written where we could handle that and I think we didn’t take into consideration family friendly businesses like his who would. Their lifeline is being somewhere near a neighborhood where he can. His business is mostly children and people who like ice cream. So with that in mind I’ll let Mr. Randall speak to you and then you all can go from there if there are any questions. Mr. Mayor: Okay. Mr. Hatney: Before you --- Mr. Mayor: Commissioner Hatney. Mr. Hatney: --- I have a question. When you said arcade and you’re talking about the ordinances, spoke to a certain situation during the time video poker and there’s no money coming out of the arcades cash registers. All that money going in. Mr. Harris: What he may do he may and --- Mr. Hatney: You understand where I’m coming from though. Mr. Harris: Yes, sir. When video poker was in it was what was called a cash redemption or non-cash redemption where they gave you so many tokens or so many tickets and then you could go and cash them in. And when that was in place we wrote the ordinance that where if there were three or more for cash redemption you had to have an arcade license. Ten or more 17 cash or non-cash you had to have an arcade license. So he may give a token but it would be a token for an ice cream cone or some treat not a cash back situation. Mr. Hatney: But as long as the money going in it’s all right who cares? It’s folk going to eat next day it’s okay. Mr. Harris: Well, I mean how are you saying that now? Mr. Hatney: How am I saying it? Mr. Harris: Are you asking me whether or not --- Mr. Hatney: What I’m saying is I’m not trying to be funny, I want the man to make a living. That’s not it. But you got folks that get hooked on them things like you do anything else. You got folks that get hooked on those like anything else. Mr. Harris: Okay, when you’re talking about cash redemption or video redemption --- Mr. Hatney: The arcade is not going to have to pay to play. Is it free? Mr. Harris: No, but we’re talking about Ms. Packman or --- Mr. Hatney: I understand. But you got folks that get hooked on those things that’s all I’m saying. Mr. Harris: Well, I can’t, I can’t talk --- Mr. Hatney: I’m not lying to you they get hooked on them. Mr. Harris: (inaudible) Mr. Hatney: I just wanted to let you know that now --- Mr. Mayor: Okay. Mr. Hatney: --- when you’re looking at that ordinance. Mr. Mayor: Okay --- Mr. Hatney: Nothing that you put money in folk don’t get hooked on. Mr. Harris: Well, I would think --- Mr. Grantham: Wait a minute --- 18 Mr. Mayor: Commissioner Brigham, then Commissioner Jackson, then Commissioner Smith, then Commissioner Holland. Mr. Brigham: Mr. Harris, if we deny this how quick can this gentleman come back and re-apply for a license? Mr. Harris: As quick as License and Inspection and the Law Department can come up with an ordinance and get it before you. Mr. Brigham: There’s no one year --- Mr. Harris: You can deny it today but how long would it take? Mr. Brigham: No, that is not my question. If we deny him a license can he reapply for a license prior to one year? That’s my question. Mr. Harris: I would think if he’s denied looking at what we’ve done in the past and what has happened in the past it may be a year. So I think probably what needs to happen is no action be taken and then is brought back to you once an ordinance has been written and brought before you. Mr. Brigham: Mr. Mayor I’d like to make a motion that we allow this gentleman to withdraw his license application without prejudice and that we task the License Department to review this ordinance and bring us back a recommendation. Mr. Mayor: In conjunction with the Law Department. Mr. Brigham: In conjunction with the Law Department. Mr. Hatney: Second. Mr. Brigham: Within I think the next Committee meeting would be appropriate but I’m willing to give him to next month, the middle of next month. I don’t think we need to drag this out --- Mr. Mayor: Okay, middle of next month. Mr. Brigham: --- for months on end. Mr. Mayor: Two weeks? Mr. Brigham: Two weeks. Mr. Mayor: Okay. Okay we have a motion and a second. Is there any further discussion? Commissioner Smith, you wanted to? 19 Mr. Smith: I do. Larry, that ordinance says he can have nine of those along with what he has now right? Mr. Harris: Yes, he can have nine right now without any action being taken. Mr. Smith: Why don’t you work with him and see if he could use those nine for a year and then come back if he’s had a clean record and then look at it again. Mr. Harris: That’s why I wanted to let him speak. His contention is that he’s in a position where he needs to be able to operate at capacity in order to be able to fulfill his obligations as far as rent. He has a pretty large building. He’s over 1500 square feet (inaudible) would not help him that much in you know he can speak to that part of it. Mr. Smith: Probably, nine would probably help better than none, though, wouldn’t it? Mr. Harris: Again I can’t speak to his position on it. Mr. Mayor: First before we can we hear from the gentleman with regards to? Mr. Holland: Mr. Mayor? Mr. Mayor: And prior to hearing from you gentlemen, if we could, Commissioner Holland had his hand up. Mr. Holland: Thank you, Mr. Mayor. I agree with what Commissioner Brigham said. Excuse me. Excuse me. Mr. Mayor: Quiet down over there, gentlemen, quiet down. Mr. Holland: That’s that pumpkin pie. Both of them had pumpkin pie. I agree with what Commissioner Brigham said in reference to the tax and the License and Inspection Department to take a look at the ordinance in order to review it to give Mr. Randall an opportunity to come back and apply for this arcade. You know in reference to being you know being caught up in these arcades you know if you go over to Chuck E. Cheese and go to some of the other little places you see young kids playing and it’s good to see them in those places rather than seeing them out on the street. And so and in reference to him having maybe nine or ten arcade machines in there this will not help him pay his rent. So I’m in favor you know of him having an opportunity to have the License and Inspection Department to go and recheck and review all of this and come back and give him an opportunity to maybe put a number of arcades in that particular building so he’ll have an opportunity to pay his rent and have our children to be able to go in there and do something constructive. Another thing that concerns me is that I received several phone calls about this because it was stated it was in District 5. And I see where it’s in District 6 and I looked at the map and I didn’t want to infringe on my colleague Mr. Jackson in reference to this to try to make a decision in reference to his particular district. So I just wanted to agree as co-chairman of the Public Services Department. I agree with what 20 Commissioner Brigham said in that the License and Inspection Department can come back with the change for us to give him an opportunity to start his business as he so sees fit. Mr. Mayor: Mr. Randall. Mr. Randall: I apologize. First of all I didn’t expect to stand up here and talk to you guys and I wasn’t really prepared. But we are really wanted to get people to take this mainly to the ice cream. That’s the whole idea. But what I’ve been listening to folks in Richmond County and I have two stores now one in South Augusta the second on Windsor Spring Road it’s been open a little over a year in March. And the one in Augusta has been open for 3 ½ years and it’s been very successful and it’s a give and take with the community and I love that. It makes me feel good. As far as taking the money and getting money back like the video poker there’ll be none of that what so ever. They get tickets like they do at Chuck E. Cheese or like they do at Adventure Crossing or Putt Putt. And we’ll have a large variety of trinkets mainly to give back to the kids so they’ll go home with something in addition to hopefully some Dipping Dot’s in their belly. There are going to be a few free things in there also to take up the space like a couple little bouncing you know the inflatable which will be hopefully temporary until we can get more games in there. And we are current on all our taxes and everything. Mr. Mayor: And we thank you for that. Mr. Randall: But I could not make it on nine a year. I see a beautiful strip that’s where the Blanchard Calhoun strip is. It’s a beautiful strip and Doc Woo is the owner. We got with him and instead of leaving it soon or vacant which it’s been for a couple years I made him an offer which is a little bit less than my Dipping Dot’s location but it will most definitely not create the traffic which is what I really would want to do is create the traffic through my store to get better sales in the Dipping Dot’s location but also like I said keep the kids off the street and give them something to do with their families. I intentionally looked for a spot instead of down by Lowe’s in that area down there to be up where the people are. So we have people on Sunday’s who take walks with their families to our store. So that was the main intention to be up there where people live instead of having them all have to travel. Thank you. Mr. Mayor: All right, thank you, sir. Joe, did you? Mr. Bowles: (inaudible) Mr. Jackson: We all need safe places for our children. Mr. Mayor: Well said. We have a motion and a second. If there’s no further discussion Commissioners will now vote by --- Mr. Mason: What is the motion, Mr. Mayor. The Clerk: The motion is to withdraw without prejudice to task the License and Inspection and the Law Department to craft an ordinance within two weeks and bring it back to the next Committee meeting. 21 Mr. Mayor: Yes, ma’am, Madam Attorney. Ms. Johnson: In reference to the motion. We have several ordinances in our business codes section that are currently being enforced by Licensing and Inspection that antiquated. We have had several discussions regarding them. When we come back in two weeks to Committee we will also be seeking the direction of the Commission of further revisions of that code. So think about where you want to proceed next. Mr. Mayor: Okay. Ms. Johnson: Thank you. Mr. Mayor: Thank you so much. Okay, we have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Bowles out. Motion carries 9-0. Mr. Mayor: Okay, Madam Clerk, on to the regular agenda. The Clerk: PLANNING 27. Z-09-23 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following condition 1) that the use of this property be limited to a liquor store of those uses allowed in a B-1 (Neighborhood Business) Zone; a petition by John S. Clarke, on behalf of Frances Clarke Mattox, requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting property containing approximately .8 acres and has been recently assigned an address of 2558 Windsor Spring Road. (Part of Tax Map 142-0-002-00-0) DISTRICT 4 Mr. Mayor: Mr. Patty. Mr. Patty: We had one objector to this. When Windsor Spring Road was widened south, I’m sorry north of Tobacco Road in order to save the massive power lines in there and save some money they created four lots out there in the middle of the road. Unfortunately our plan for that area was not to seek commercial development. But because of the nature of the lots that were created is was the only alternative really for development on that property. And three of those lots are now developed. You’ve got a convenience store a restaurant and a carwash. And this is the fourth lot. The applicant wants to build a small strip center on this lot. He may want to put a liquor store in there. The other, some of the other properties are zoned B-2 with conditions that limit what they can do and he wants the same consideration for his parcel. We recommend you approve. Mr. Mayor: Mr. Mayor Pro Tem. 22 Mr. Mason: Thank you, Mr. Mayor. Mr. Patty, yes, I think it was one person that came to the Planning and Zoning meeting but since that time I’ve had 122 folks that are against that particular liquor store being placed in that area. My question is also I know that there is a day care relatively close. I don’t know if it meets the distance but it’s very, very close to that location, right across the street there. Can someone speak to that? Mr. Patty: The applicant’s here. He may have some knowledge of that. Mr. Mason: Well, besides the applicant. Someone from, can I get and I’ll certainly hear from him at some point but. Mr. Mayor: While Mr. Patty is looking for somebody to help answer the questions if we can hear from the applicant. If you could please state your name and address for the record, sir, and keep it to 5 minutes. Mr. Speaker: Thank you, Mayor --- Mr. Brigham: Mr. Mayor, before he starts can I ask a question? Mr. Mayor: Commissioner Brigham. Mr. Brigham: Ms. Johnson, didn’t we just pass a regulation today that to apply for an alcohol license that it would come back before us for a vote? Ms. Johnson: We did. That was a couple months ago but correct. Mr. Brigham: But we just passed that ordinance today I believe in the consent agenda on item #3. Ms. Johnson: Number three? Mr. Brigham: If I’m not mistaken. And if it’s going to come back before us for a vote I don’t see where we need to have a discussion on an alcohol application that we hadn’t even gotten the application yet. I think we’re looking at a B-1 zoning and I would prefer to just have a discussion on that and not on an alcohol license. Mr. Mayor: Okay. Mr. Patty. Mr. Patty: What item #3 does is allow you to allow, I’m sorry liquor stores in B-1 zones by Special Exception in certain circumstances where it’s a very soft use in a specific area. But they would still be allowed to have liquor stores by right in B-2 zones. And what he’s asking for now is B-2 zoning to allow a liquor store which he may or may not build. But B-2 zoning in this area, which is the same zoning that, the other three out of the four properties in that median have. That’s the answer basically. 23 Mr. Mayor: But still if he decides to put a liquor store in there he’s going to have to come back before us anyway. Mr. Patty: He’s going to have to have a liquor license anyway and deal with those issues at that time. Mr. Mayor: Okay, Mr. Franke. Mr. Frankie: Yes, I’m Billy Franke, 367 Gardenia Drive, Evans, Georgia. The gentleman, I’m not a liquor person. Believe it or not I don’t drink so you know I can’t say I’m for or against liquor and I understand y’alls feelings about liquor and I have strong feelings about it as well. But in this case the gentleman is looking to develop this property. He bought a piece of property from the family of the group that came in and contested it the first time and also built Meineke Brake and Mufflers on Tobacco Road. He also built a real nice strip center called Farrington Plaza out on Tobacco Road if y’all are familiar with that. Both very successful, beautiful, nice successful businesses. He’s very professional. All he’s looking to do in this case is he wants have the option to leave the door open to maybe put a liquor store. I don’t even think he’s going to operate it. We’re just going to build three or four bays, a very small strip shopping center and the pattern of zoning in that area already is conducive for this with beer and wine being in the Sprint convenience store that’s already there. And it’s not about getting a license it’s just an option to be able to pass that bridge later if he decides to go that way. Mr. Mayor: Okay. Yes, ma’am, are you? Please come forward. Ms. Speaker: Thank you, Mayor and Commissioners, for allowing me to come in at this last minute. I live in that neighborhood --- Mr. Mayor: If you could state your name and address for the record, please, ma’am. Ms. Speaker: My name is Nellene Lake and I live in Quail Hollow Subdivision. By my observation he wanted the option to come back with a liquor license but there’s already three liquor stores on Windsor Spring Road. There’s one at the 2400 block, 2430 Fulcher package store, there’s Carolyn Spirits and Liquor Store at the 1600 block of Windsor Spring. There’s also one in the 3000 block of Windsor Spring Road at Windsor Plaza Package Store. And that’s three. And he wants the option to come back to make four liquor stores within less than two miles radius. I would like to ask the Commissioners and the Mayor to revisit this because then there would be liquor store in every block on Windsor Spring Road and I think that’s unfair to the neighborhood. I think that’s unfair to the daycare center right there across the street and I also think it’s unfair to Windsor Spring Elementary School. So you know that’s basically what I would like to say to ya’ll to revisit this and review this because this is to close together. There’s too many liquor stores on Windsor Spring Road. Thank you. Mr. Mayor: Thank you, ma’am. Mr. Franke, I’ll allow you to respond. Mr. Frankie: One last comment I don’t think it’s going to through Licensing because it is to close to the school and the daycare. 24 Mr. Mayor: And today we’re not voting on a liquor license. Would somebody like to make a motion on this? Mr. Mason: Well, I make a motion that --- Mr. Johnson: What are we voting on? The Clerk: Changing the zoning from a Zone A (Agriculture) to a Zone B-2 (General Business). Mr. Mason: So this other stuff that I’m reading --- The Clerk: Well, it says with the condition that the use of this property be limited to a liquor store or those uses allowed in B-1 a (Neighborhood Business). So Mr. Patty. Mr. Patty: In order to approve it or turn it down. And if you don’t want a liquor store there the thing is to turn it down. You might allow to withdraw without prejudice so he can bring it back for B-1 zoning which would not allow a liquor store but would allow other commercial uses. Mr. Mayor: But here again you know the liquor store’s going to go in we’re going get a vote on that as well, correct to get a liquor license. Mr. Patty: That’s right. Mr. Mayor: Okay. Commissioner Grantham. Mr. Grantham: Mr. Mayor, I think we’re all confused. But the point that needs to be made is that if we vote on this motion as presented then we’re going either need to approve it or deny it as George just indicated. The only thing we can do and I’ll be glad to is make a new motion that we take the second portion of this motion to where we change the zoning from a zone A to zone B-2 (General Business) affecting the property and leave the upper portion out which does not give permission for a liquor license. It is just a construction of the strip center itself. Mr. Mason: Is that what that does? Mr. Patty: If you give him B-2 zoning without the restriction then that gives him the right to have a liquor license. Mr. Mason: Exactly. Mr. Grantham: He’s got to get the liquor license though. Mr. Patty: Well, right. Regardless he’s got to get a liquor license. 25 Mr. Mason: Motion to deny. Mr. Patty: If you take this language out this will give him the other B-2 uses like a nightclub or a car lot or something like that. Mr. Mason: Motion to deny. Mr. Mayor: Hold on one second. The Clerk: Did you hear Mr. Patty? Mr. Grantham: What? Mr. Hatney: Say it again, please. The Clerk: Yeah, you may want to hear what he said. Mr. Mayor: Mr. Patty, please. Mr. Mayor: If you take the conditions out and give him unrestricted B-2 zoning then that would allow him to have a car lot or a bowling alley or any a lot of things and it would be detrimental to the area more so than a liquor license basically. Mr. Mayor: Okay, as I try to continue to direct this down I believe Grantham may have made a motion. I believe there was not second on that motion. Am I correct on that, Madam Clerk? The Clerk: The motion was to second part two. Approve the change of zoning from an A (Agriculture) to zone B-2 (General Business) and to delete the condition portion. Mr. Mayor: But there was no second on that motion correct? Okay, Mr. Patty, I want to recognize you again. Mr. Patty: Mr. Franke has suggested that his client would like to have B-1 zoning on this The only way to that is to allow him to withdraw without property and avoid the B-2 zoning. prejudice, re-advertise it and bring it back to the next meeting. Mr. Grantham: So moved. Mr. Hatney: Second. Mr. Mayor: Okay, we have a motion and a second. Is there any further discussion? Commissioner Brigham, did you? Mr. Brigham: I’m ready to vote. 26 Mr. Mayor: Okay. Commissioners will now vote by the usual sign of voting. Mr. Smith votes No. Mr. Bowles out. Motion carries 8-1. Mr. Mayor: Okay, Madam Clerk, on to I believe our final regular agenda item. The Clerk: APPOINTMENT(S) 30. Approve Commission appointments to the Augusta-Richmond County Coliseum Authority. Mr. Grantham: Mr. Mayor? Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. The Super 10 District along with its other Commissioners that make up that district have taken the challenge from the delegation as to reappointing, not reappointing but appointing new members to the Coliseum Authority. Therefore given Super District 10 area the reappointments and we have met with and deliberated over these names and feel like we have come up with very recognized names in Augusta, people who are willing to serve, they have given their pledge to do so in a very efficient manner and the names that I submit to our Commission is Mr. David Hogg. David Hogg, Sr. is the Vice- President of Savannah River Banking Company. He has been in Augusta for some 45 plus years. Mr. Brad Usry who everyone knows of the Fat Man. And Brad too has been here all of his life and served this community well. And Mr. Hap Harris who is in the insurance business and Hap too has been here all of his life and I think these three would make very fine members for our This goes into a motion, Mr. Mayor. new Coliseum Authority that would be in effect June 1. (Mr. Grantham nominates Mr. David Hogg, Sr. Mr. Brad Usry and Mr. Hap Harris with a motion for approval) Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: I second his motion but also add at the Super District 9 offer three names. Mr. Joseph Collier, Mr. Charles Elliot Harris and Ms. Bonita Jenkins. Those three names. (Mr. Hatney nominates Mr. Joseph Collier, Mr. Charles Harris and Ms. Bonita Jenkins) Mr. Mayor: Okay. We have a motion and a second. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. I was listening to the three names that my Super District 9 Commissioner recommended and one of the names that I recommended is not on there. 27 And I’d like to know what the reason was because I gave them that name in ample time. And the name is Ms. Shirley Darby. Mr. Hatney: Could only get three, not four. You can’t have four. Mr. Holland: That’s not what I was told in reference to the person being chosen for that particular position to be placed on the Coliseum Authority. It’s very disappointing but, however, I’ll concur. Mr. Hatney: Okay. Mr. Mayor: Okay. We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Bowles out. Motion carries 9-0. Mr. Mayor: And, Madam Attorney, I believe you made mentioned that we need a Legal Session? Ms. Johnson: Yes, sir. We have a real estate acquisition, pending and potential litigation and an administrative proceeding. ADDEDNUM 34. Motion to approve going in to a Legal Meeting. Mr. Mayor: Can we get a motion to go into Legal Session to deal with the three issues named by the Attorney? Mr. Johnson: So moved. Mr. Mayor: We have a motion. Is there a second? Is there a second? Ms. Beard: Second. Mr. Mayor: Okay, we have a motion and a second. Commissioners will now vote by the usual sign. But I do want to, there’s something that Mr. Russell prior entering in Legal Session. Y’all can go ahead and vote but he did want to show us. Mr. Grantham: I just want to listen to Mr. Russell. Mr. Bowles out. Mr. Mason, Mr. Holland, Mr. Jackson and Mr. Grantham vote No. Motion fails 5-4. Mr. Mayor: Okay, Madam Attorney? 28 Ms. Johnson: We’re done. Mr. Mayor: Okay. Before I adjourn the meeting I’d like to turn it over to Mr. Russell. Mr. Russell: I’d like to draw your attention to the screens in front of you and the large screen in front there. The new video that we currently have available is about an 8-second delay. Is that what we’re talking about? So the world is seeing you about 8 seconds after I just said that, listening to what we’re saying there. That is available through our website and available to any of our constituents in the city or anybody that’s got our website. So it’s another way that we’re trying to work out our transparency to make sure that the citizens can participate or at least view our actions on a regular basis. And I like to compliment the IT people for being able to pull that off. I don’t understand how it works but Tamika and her staff have done a great job with that again. Thank you. (APPLAUSE) Mr. Mayor: Okay with no more business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on May 19, 2009. ______________________________ Clerk of Commission 29 30