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HomeMy WebLinkAboutCOMMISSION MEETING September 1, 2009 REGULAR MEETING COMMISSION CHAMBER SEPTEMBER 1, 2009 Augusta Richmond County Commission convened at 2:00 p.m., September 1, 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 Greg Hatfield, Pastor, Trinity on the Hill Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Reverend, if you could come forward I have something for you. And thank you for that wonderful prayer. By these present be it known that Reverend Greg Hatfield, Pastor Trinity On the Hill Methodist 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. st Given under my hand this 1 Day of September 2009. Thank you, sir. (APPLAUSE) Madam Clerk, on to the delegations. The Clerk: DELEGATIONS A. Mr. Anthony Esposito RE: Update on volunteer efforts to maintain the former Augusta Golf & Gardens. Mr. Mayor: And if you could keep it to five minutes, please, sir, and state your name and address for the record. Mr. Esposito: Anthony Esposito, Cardinal Drive, Augusta, GA 30909. I came before y’all three months ago to talk about getting permission to cut the grass at the Golf & Gardens. It was an eight-day battle simply to get permission to cut the state’s grass. I just want to show you what a bunch of Augustans have done with zero dollars, their own time, their own gasoline, their own mowers, their own hands, what we’ve done. So it’s a little progress to report on the Golf & Gardens in the past three months. The State of Georgia allegedly was taking care of the property from January 09 to May 2009 and here are the pictures I showed you from the State of Georgia taking care of the property. This is from the front gate and these are all from the front gate because we couldn’t actually go in there. Okay, that’s what the state gave us from January to May of this year. They did not take care of it, they said they had no money and it appears very little inclinations so we got together a group of Augustans. Once they got there we had people from Richmond County, Columbia County, Aiken County, Edgefield County and Burke County. People driving up from Waynesboro to help. And what we’ve done is every other weekend th since June 6 we’ve gotten together to take care of the grounds. We’ve done a pretty good job for having no money. This is what the Golf & Gardens at least the part on Reynolds Street looks like today. It’s part of our effort hidden in the Golf & Gardens is a miniature golf course that we 1 have restored. Eighteen holes we call it the most exclusive golf course in Augusta because no one’s played it in two years. It took six times coming out there every other week to fix this golf course. It’s very expensive but very cool. I played the front nine the other week. The first day that we saved it a family came by. This is a gentleman from Fort Gordon he’s originally from Jamaica. His kids strolled out as we were pulling weeds and they were curious about what’s going on. We explained the whole saga with the state and all that. His kids had never picked up a club, never hit a golf ball, they didn’t even know what they were supposed to do and so we let them play the first hole which we had salvaged at that point. So unfortunately I’ve asked the Golf Hall of Fame can we open up the course so kids can come play it if they help volunteer. The Golf Hall of Fame said absolutely not so this is the last time that we’ll get to play it. This is th called The Jungle hidden behind the serpentine wall all the way to 13 street there’s a part we can not do ourselves with our push mowers. There you see a kind of EPCOT looking golf ball destroyed. There’s the pergola on the left. That’s what it looks like around it and here’s a picture that I can’t even tell you where it is in there. But that’s what it looks like behind the serpentine wall. That’s the push mowers. We can only do so much. The big issue now at the Golf Hall of Fame unfortunately is the statues. Jack Nicklaus will get to open up the Masters with Arnold Palmer but his statue sits in a warehouse right on the property and it’s sat there for two years. Here’s the issue if you don’t know. There are six bronze statues, five to six donated by Augustans for Augustans at a cost of one and a half million dollars. Each statue, each contributor gave a quarter of a million each. Five or six of those people were from Augusta and they’ve been in hiding for 700 days. September of 07 those six statues went into hiding in that maintenance shed on the property of the Golf Hall of Fame, at least that’s what the evidence points to. It’s kind of a mystery. We just want to move them to the Augusta Museum of History, to the lobby where they are displayed publicly and faithfully in Augusta. There’s no point they should be in the maintenance shed. The Museum of History is putting together a plan that will have them safely displayed for all Augustans just like the donors wanted them to be. Unfortunately they’re in the maintenance shed. It has been two years. All we want to do is move them 3400 feet, 3400 feet from the maintenance shed over to the Augusta Museum of History. This is a reasonable request. We put it before the Golf Hall of Fame. I’m talking to the Governor’s office, state and local representatives. That’s all we want. So I’m here to give you an update on the grass and say anything you can do to help us get these displayed we’d appreciate it. I am trying to talk to the donors. Five or six of them are Augustans. I think the facts need to be known. It’s ridiculous that these million and a half dollars of bronze golf statues of Masters’ winners are in a maintenance shed and have been there for two years. Everybody says just wait, just wait, just wait. 700 days is too long at this point. So that’s it. Mr. Mayor: Okay, thank you so much for your presentation. Madam Clerk, the next delegation. The Clerk: DELEGATIONS B. Mr. Ernie Sizemore, Rotary-Ferst Foundation. RE: Update on the Literacy Project. Mr. Mayor: And if you could state your name and address for the record and keep it to five minutes, please, sir. 2 Mr. Sizemore: Yes, sir. My name is Ernie Sizemore and I live at 1111 Peachtree Road in Augusta, GA 30909. I’m here to day just to give you a brief update. I don’t want to keep you too long but there’s a movement afoot. It started as a rotary initiative and this is rolling out as a community initiative. I want to read some stats to you first. Approximately 61% of low-income families do not have a single piece of reading material suitable for a child. 28% of Georgia fourth graders read at or above grade level, 28%. Georgia has the nation’s third highest rate of high-school dropouts. One in four adults in Georgia operates at a low literacy level. That’s one in four. Illiteracy and low literate workers cost Georgia businesses seven billion dollars each year. Several states plan how many jail cells they build based on how many third graders are not reading at grade level. That’s third graders. Children who fall behind in first grade have a one in eight chance of ever catching up. Six or seven out of every ten students who later drop out of high school can be correctly predicted from characteristics exhibited in the third grade, again the third grade. Primarily reading ability social economics says IQ and retention it is possible to predict failure, all which is accurately in the third grade as in the sixth grade. 679 Richmond County students dropped out of school last year. It’s time to intervene now. Our Rotary Clubs have come together to improve literacy in Richmond County. In a study conducted of kindergartners those who are read to three times a week were twice as likely to rate in the top 25% in literacy tests than those who were not. Children develop much of their learning capacity in the first three years of their lives, the first three years. We’ve partnered, the Rotary Clubs of Augusta have partnered and Columbia County I might add have partnered with the First Foundation a group out of, that was initiated in Madison Georgia Morgan County to provide books for children 0-5, birth to five years old for $36.00 per year. The First Foundation provides data entry they create a newsletter. They provide a parents guide to reading they order books, well they purchase books and they mail the books. Sixty-five counties are participating in this program already, sixty-five counties in Georgia. It’s based on Dolly Parton’s Imagination Library a book a year for five years, 0-5. The First Foundation benefits are that it eliminates the key reason parents don’t read to their children, lack of books. It gives them consistent monthly distribution of books. The child looks forward to receiving the mail with his name on it. It develops the habit of parent/child interaction. The child looks forward to sitting down with the parent and what we’ve found, as a byproduct is the parents are beginning to read better. They’re looking to get involved with literacy programs for adults because they can’t read to their child. It enhances the opportunity for community literacy and this is key, and economic development. In Morgan County where this program started of the kindergartners that started several years it was a 46% readiness level. They are now at 90% readiness to enter kindergarten. Huge results. Their 90% goal of reading at grade level was accomplished by grade two rather than by grade three which is their goal. So a year earlier they accomplished their role goal of getting their kids on reading level. Back to the economic development. A 2005 Georgia Tech study says that along with high cost and a lack of qualified personnel was the chief barrier to innovation and competitiveness. Between 6% of manufacturers are concerned with basic skill levels of the work pool in Georgia, 26% that’s up from 11% in 2003 a dangerous trend. The investment in our families now is an investment in our future work force. Not only are we doing good things for literacy we’re doing good things for dropouts improving hopefully the rates of incarceration we’re also improving our work force right here in Augusta, Georgia. The ability to read is one of the most important gifts in our life. Earlier in life is the best opportunity to develop that desire to read and having the books readily available is the key to that. This literacy project we’re calling 3 The Greater Augusta Partnership for Literacy. We have a community action committee that we’re pulling together now. Our first meeting will be next week. We hope to have community leaders involved. We’ve got about twelve people involved with it all ready from business, universities, social service agencies and this thing is coming together fairly quickly. I wanted to tell you because I’d like you to know about it, support it, get behind this effort because it’s a win, win regardless of your socioeconomic class, regardless of your job, your race, your religion. It’s a good community effort for all. Mr. Mayor: Okay, thank you so much, Ernie, and I’ll just, Coach I’ll grab you in a second but there was a community meeting last month about this issue and we had what close to 100 people show up. The community as a whole is extremely excited about this. Robin Ferst that started the foundation is one of the most amazing women you’ll ever meet. But I just, I fully support you and I know as the Commission learns more about this, this is a tremendously important initiative to the city and to the region as a whole. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. I’d like to commend you with that program. I’m a, most of the people that have been involved with some people in the Morgan County Madison Georgia area, that’s a part of that program. But one question I wanted to ask you in reference to the dropouts and the dropouts are our dropouts. When you say 669 dropouts in Richmond County do you all have them broken down by classes, eighth grade, ninth grade, tenth grade, eleventh grade, twelfth grade? Because within those different classes some students drop out of class drop out of school for different reasons. And sometime if you can track those reasons you find out exactly what the problem is with some of those students. So I was just wondering if you had it broken down in reference to the different classes or class levels of the students who dropped out of school is. Mr. Sizemore: Yes, thank you, that’s a great question. I do not currently track that. This program is really targeting the pre-kindergarten group. As a future initiative we’re going to track the efficiency of this thing. Augusta State is going to partner with us to track the trends and some of the norms versus the target population. And so this should be a program we can look at statistics in the future on and say this is successful this is not successful. I would say that the dropout rate is being considered. Sue Paar with the Chamber has the initiative on September thth 19, there’s a one-third summit that’s going on, on September 19 as this community is coming together again to talk about the dropout rate and I would refer that question to Dr. Dana Bedden. Mr. Holland: Fine, thank you. Mr. Mayor: Thank you. Madam Clerk, next delegation. The Clerk: DELEGATIONS C. Ms. Shannon Carter-Dunlap. RE: Extend gratitude for support from the Commission/update on Devin Carter’s trip to the Junior National Youth Leadership Conference held in Washington, DC. 4 Mr. Mayor: And if you could state your name and address for the record and keep it to five-minutes. But we so much appreciate you being here. Ms. Carter: I’m Devin Carter, 111 St. Bart’s Drive in Augusta, GA 30909. Everyone has been given a newsletter created by me with updates on my Washington, DC trip. Please take time to review it. It was an awesome experience. I saw all the monuments and memories. I went to Capitol Hill and Harper’s Ferry. I learned about leadership and the part I must play in life. As I continue to grow I will reflex on the past and apply it to my future. I especially would like to thank Mayor Copenhaver, Commissioner Johnson, Commissioner Mason and Commissioner Holland, Sr. for you help for my trip expenses. Thank you all for having me here today. (APPLAUSE) Mr. Mayor: Someday you won’t be behind that podium. You’ll be up here and have my job. Thank you, sir. Mr. Mason: Mr. Mayor, point of personal privilege. Mr. Mayor: Yes, sir, Mr. Mayor Pro Tem. Mr. Mason: I’d just to say to Devin. Is his Mom here, Ms. Carter-Dunlap? Oh there she is that we’re very, very proud to have been able to participate in Devin’s trip to Washington. I know I speak for all of us when I say that. But not only has he made you proud he’s made the city of Augusta proud and we’re happy to be a part of it. I’d be very proud if he came up here and took this pin, this Commission pin and wore it as his leisure and here you go young man. You have a bright future and we look forward to great things from you. Okay, all right. (APPLAUSE) Mr. Mayor: Hang on I got, you might be the first person to be double-pinned but you represent both houses. Yes, sir. Man, that’s awesome. Let’s move on to the --- The Clerk: --- literacy --- Mr. Mayor: Absolutely. On to the consent agenda, Madam Clerk. The Clerk: Yes, sir, Mr. Mayor, members of the Commission. Our consent agenda consists of items 1-28, items 1-28. For the benefit of any objectors to our alcohol petitions, once those petitions are read if there any objectors would you please signify you objection by raising your hand. I call you attention to: Item 1: Is for a request for an on premise consumption Liquor, Beer & Wine license to be used in connection with the Japanese Steakhouse located at 2834 Washington Road. Item 2: Is for a retail package Liquor, Beer & Wine license to be used in connection with the White Horse Package Shop located at 497 Highland Avenue. Item 3: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with the Wheeler Tavern located at 3664 Wheeler Road. 5 Item 5: Is for a retail package Beer & Wine license to be used in connection with the Super Express located at 2545 Peach Orchard Road. The Clerk: Are there any objectors to any of those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Okay. We have no objectors, Mr. Mayor, to our alcohol petitions. Our consent agenda consists of items 1-28. Mr. Mayor: Okay, do we have any, not that we’ve got a lot that we could add, but do we have anything that we would like to add to the consent agenda? Do we have any items to be pulled for discussion? Commissioner Brigham. Mr. Brigham: Mr. Mayor, I’d like to pull items #10, 11 and 19, I mean 17, 10, 11 and 17. Mr. Mayor: Any further items to be pulled? Mr. Mayor Pro Tem. Mr. Mason: Mr. Mayor, I don’t if I necessarily have to pull it but item #18 is Ms. Woodard I think. Who spoke to this in Committee? I think it was Ms. Woodard on the Christmas Light-Up? The Clerk: Yes, sir. Mr. Mason: Is she --- The Clerk: Margaret Woodard. Mr. Mason: --- here? No? The Clerk: What do you need? Mr. Mayor: I do not, yes, she is. Margaret Woodard, in the hall. Please come forward. It’s like the Price is Right, come on down. Mr. Mason: I just had a question for you, Ms. Woodard, on this motion to approve this $19,000 for the Christmas Light-Up. I recognize that it’s a little less than what we spent last year but um, was there any consideration taken into um, I know we put banners out in other areas that wasn’t there before and that was a great idea. One of the things that we heard various things on that I heard from different districts was the fact that the banners were open at nighttime. Of course we couldn’t see them. Was there any consideration given to potentially having some lighting with those banners that will go up out there or is that just the funding’s not there or? Ms. Woodard: I don’t think it’s a funding question I think it’s a, is there power where the banners are to be able to add lights. A lot of the poles, a lot of where the banners were hung did 6 not have an electrical outlet. I’d be happy to look at other intersections and get a quote for that. It’s just, it would just be wrapped with some lights and we could eliminate them. Mr. Mason: Is that something you could do? I mean just as thought I know I heard some things in District 6 as well as District 5 and in my district as well. And I think out in District 8 but if that’s something that we could look at I don’t have any reason to pull it or anything like that. I just, I think that would be nice because that was a nice gesture but at nighttime we just couldn’t see it. Ms. Woodard: I’d be happy. I think there were 80. I’d be happy to get a quote and if there is any electricity we could look at possibly other locations to put them in the same district. Mr. Mayor: Okay. Are you good? Okay. Mr. Bowles: Mr. Mayor, I have a question. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Can we find a funding source, Mr. Russell? Mr. Russell: Yes, sir, we can use the Economic Development line my budget. Mr. Bowles: Thank you. Mr. Mayor: Okay. If there are no, thank you, Ms. Woodard. If there are no further additions to or items to be pulled from the consent agenda I would look for a motion to approve the consent agenda. Mr. Mason: So moved. Mr. Hatney: Second. CONSENT AGENDA PUBLIC SERVICES 1. Motion to approve New Ownership Application: A.N. 09-101; request by Jons Santos for an on premise consumption Liquor, Beer & Wine license to be used in connection with Fantasy USA, Joe Ono, Inc. DBA Kurama Japanese Steakhouse located at 2834 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee August 24, 2009) 2. Motion to approve New Ownership Application: A.N. 09-102: A request by J. Faulkner Warlick for a retail package Liquor, Beer & Wine license to be used in connection with White Horse Package Shop located at 497 Highland Ave. District 7. Super District 10. (Approved by Public Services Committee August 24, 2009) 3. Motion to approve New Ownership Application: A.N. 09-91: request by Watson W. McDonald for an on premise consumption Liquor, Beer & Wine license to be used in 7 connection with Wheeler Tavern located at 3664 Wheeler Rd. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee August 24, 2009) 4. Motion to approve a request by Christina Park for an on premise consumption Beer & Wine license to be used in connection with Rolling Hills Driving Range located at 2133 Gordon Hwy. District 5. Super District 9. (Approved by Public Services Committee August 24, 2009) 5. Motion to approve New Application: A.N. 09-97: request by Ritaben Patel for a retail package Beer & Wine license to be used in connection with Hiral Enterprises DBA Super Express #3 located at 2545 Peach Orchard Rd. District 2. Super District 9. (Approved by Public Services Committee August 24, 2009) 6. Motion to approve a request by Mark Randall for an Arcade License to be used in connection with Cool Delights, Inc. DBA Dipping Dot’s located at 4108 Windsor Spring Rd. District 6. Super District 10. (Approved by Public Services Committee August 24, 2009) 7. Motion to approve a budget amendment related to the operation of the new Diamond Lakes Tennis Center. (Approved by Public Services Committee August 24, 2009) 8. Motion to approve the emergency replacement of bleachers at Warren Road Community Center to Georgia Specialty Equipment, LLC for $42,936.00 as per written bid number 09-524. (Approved by Public Services Committee August 24, 2009) 9. Motion to approve a request by Hoang Ngo for a Therapeutic Massage Operators license to be used in connection with Diamond Nails and Spa located at 3450 Wrightsboro Rd, Suite 1005. District 3. Super District 10. (Approved by Public Services Committee August 24, 2009) ADMINISTRATIVE SERVICES 12. Motion to approve receiving the final presentation from the consultant on the Disparity st Study by September 21 or sooner if possible. (Approved by Administrative Services Committee August 14, 2009) 13. Motion to approve Executive Recommendation to Review Committee Structure pursuant to Augusta, Ga. Sec. 1-30 and for the Creation and Appointment of the Legal Administration, Ordinance and Resolution Committee. (Approved by Administrative Services Committee August 24, 2009) 14. Motion to approve Wellness Facility Contract with Omni Health and Fitness. (Approved by Administrative Services Committee August 24, 2009) 15. Motion to approve resolution authorizing the settlement of all Claims in a Personal Injury, Wrongful, Death and Survivorship Claim for Dr. Ji Cheng, Decedent. (Approved by Administrative Services Committee August 24, 2009) PUBLIC SAFETY 16. Motion to approve the renewal of the Health Services Agreement for Inmates. (Approved by Public Safety & Finance Committees August 24, 2009) FINANCE 18. Motion to approve Option I in the amount of $17,000 costs associated with the 2009 Christmas Light-Up Spectacular subject to identifying a funding source. (Approved by Finance Committee August 24, 2009) 8 19. Motion to approve a request from the Garden City Rescue Mission regarding an abatement of 2009 property taxes. (Approved by Finance Committee August 24, 2009) 20. Motion to approve resolution authorizing the settlement of all Claims in a Personal Injury, Wrongful, Death and Survivorship Claim for Dr. Ji Cheng, Decedent. (Approved by Finance Committee August 24, 2009) 21. Motion to deny a request from Mr. Robert Baker regarding an appeal for the relief/reduction of the school tax portion of his 2009 property tax bill. (Approved by Finance Committee August 24, 2009) ENGINEERING SERVICES 22. Motion to approve Change Order #1 to the existing design contract to Tetra Tech RTW, Inc. in the amount of $61,812.00. These funds will be used to analyze Boardman Lake Sanitary Sewer lift station on Fort Gordon and to perform a radio path survey for Augusta Utilities to install a radio network to interface with Fort Gordon’s existing SCADA system. (Approved by Engineering Services Committee August 24, 2009) 23. Motion to approve the execution of the Georgia Power easement and Underground Distribution Construction Agreement for the Solid Waste Facility. (Approved by Engineering Services Committee August 1, 2009) 24. Motion to approve the process to determine that a portion Pearl Avenue, Browns Lane, Crescent Lane, and Crescent-Brown Alley, as shown on the attached plat and designated thereon as Tracts F, G, H, and I respectively, have ceased to be used by the public to the extent that no substantial public purpose is served by it, and a public hearing shall be held regarding the issue of abandonment pursuant to O.C.G.A. § 32-7-2. (Approved by Engineering Services Committee August 24, 2009) 25. Motion to approve standardized perm pave design for tree wells on Broad Street. DDA will work with the City of Augusta to install with $20,000 SPLOST funding. (Approved by Engineering Services Committee August 24, 2009) 26. Motion to authorize condemnation to acquire title of a portion of property for permanent easements and temporary construction easement for the 60107 – Butler Creek Sanitary Sewer Replacement – East Project. PIN: 144-0-021-03-0 and 144-0-021-03-0 Pircle Lane. (Approved by Engineering Services Committee August 24, 2009) 27. Motion to approve and accept an Easement Deed from Solutia, Inc. (Approved by Engineering Services Committee August 24, 2009) PETITIONS AND COMMUNICATIONS 28. Motion to approve the minutes of the regular meeting of the Commission held on August 18, 2009) Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Hatney abstains. Motion carries 9-1. [Items 1-5] Motion carries 10-0. [Items 6-9, 12-16, 18-28] 9 Mr. Hatney: Madam Clerk, I abstain on all alcohol, please. The Clerk: Yes, sir. That motion carries unanimously with Commissioner Hatney abstaining on the alcohol petitions. Mr. Mayor: And I believe we had one addition to the agenda to discuss the whitewater park project requested by Commissioner Jackson. Do we have unanimous consent to add that on? Somebody just said what is it? Commissioner Jackson. Mr. Jackson: Well it’s the, the canal, behind Davison the canal part that’s opened up for Scott and I were there this morning. It’s uh, Scott can explain it better. It’s the whitewater, kayaking, canoe down from Davison all the way to the marina. Mr. Mayor: Okay, do y’all want to just hear what it is, add it so we can just be briefed on it? Okay, unanimous consent then? Okay. Thank y’all. Okay, Madam Clerk, let’s go to the pulled items first. The Clerk: Mr. Brigham, can we do items 10 and 11 as companion items? Mr. Brigham: Yes, ma’am. The Clerk: Companion items, yes, sir. The Clerk: ADMINISTRATIVE SERVICES 10. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the Turpin Hill Neighborhood: 1113 Sixth Avenue, (District 2, Super District 9); Meadowbrook Neighborhood: 3124 Ditmas Road, (District 4, Super District 9); Bethlehem Neighborhood: 2032 Fargo Street, (District 2, Super District 9); ND AND WAIVE 2 READING, (Approved by Administrative Services Committee August 24, 2009) 11. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the East Augusta Neighborhood: 252 Japonica Avenue, (District 1, Super District 9); Olde Town Neighborhood: 137 Watkins Street, (District 1, Super District 9); Laney-Walker Neighborhood: 11125 Cecelia Street, 921 Dugas Street, 1119 Thirteenth Street, (District 1, Super District 9); Bethlehem Neighborhood: 1637 ½ Forest Street, 1255 Steiner Avenue, 1258 Steiner Avenue, 1260 Steiner Avenue, 1421 Monroe Street, 1528 Picquet Avenue, (District 2, Super District 9); Turpin Hill Neighborhood: 1677 Emory Street, (District 2, Super District 9); Harrisburg Neighborhood: 1825 Watkins Street, 1829 Watkins Street, (District 1, Super District 9); ND AND WAIVE 2 READING. (Approved by Administrative Services Committee August 24, 2009) Mr. Mayor: Commissioner Brigham. 10 Mr. Brigham: Mr. Mayor, I know there’s a number of houses throughout this city, in the county that’s on this list. I’d like to know whether or not we have some kind of uniform criteria this established houses, these people how they managed to get on the list to be tore down. Is nd there a plan, and to be honest with you I’m opposed to waiving the 2 reading. So you won’t nd have unanimous consent to waive the 2 reading. But I don’t think that we as Commissioners have been informed and I don’t know that there’s any really given criteria as to how we go about deciding when and if a house makes this list. Mr. Mayor: Mr. Sherman. Mr. Sherman: Mr. Mayor and Commissioners, these properties are just properties that are dilapidated. We’ve been through the process of trying to get the property owner to be responsible for them. We’ve gone through Magistrate Court and received a court order. The ones that are in #10 those are funded through the HCD Program and we’ve received the environmental review through that department for those demolitions. There are others as well that will be coming forward but as far as a definite plan of which ones to bring at which time we do not have that. They’re just scattered throughout predominately the inner city neighborhoods. There’s some in the southern part of the city we’re getting to as well. But item eleven I think those are scattered pretty much through most all of the old inner city neighborhoods. Mr. Brigham: Mr. Mayor --- Mr. Mayor: Commissioner Brigham. Mr. Brigham: --- there seems to be no plan, there seems to be no criteria to have somebody make this list other than it’s been approved by the court to tear the house down. I’m sure there’s a number of houses that are on that list and I think that there needs to be some criteria and some method to our madness that we just don’t go out and tear down individual houses. I know that they need to come down but I also know that we get a better bang for our buck if we can do it in a given area and try to move through an area all at once. Also I don’t understand how we can’t get any other areas in this county. I know there’s houses in them that don’t meet code that evidently would be approved by the court to be tore down but for some reason every time it’s the same area over and over and over. I don’t understand why it can’t be other places getting tore down. Unless somebody complains we spend all the money in one place. Mr. Mayor: Okay, Commissioner Bowles, then Commissioner Johnson. Mr. Bowles: Rob, do you have a master list of all the houses that we’re looking into? Mr. Sherman: We do and it continues to grow. It’s not just a set number of properties that need to be demolished. Monthly I would say that that list grows. And it’s a cycle. As properties become uninhabitable they’re boarded up, they’re broken into, they’re burned, neighbors are complaining and they get on the list for demolition. 11 Mr. Bowles: Now does it take for your code enforcement people to actually see the house or how are they put on the list because I think that’s kind of what Commissioner Brigham was getting to. Mr. Sherman: I would say, well if you put it percentage wise I would say maybe 70% are through complaints, 30% are picked up in the field. Mr. Bowles: Who ever he yells the loudest gets his torn down. Mr. Mayor: Doesn’t that seem the way we do business sometimes? Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I can understand what you’re saying, Jerry, but at the end of the day if you look at this community and the areas that they’re targeting here and I know because I’ve talked to Sean, Don or course, Don several times about properties in these areas that are just, he’s absolutely correct they’re dilapidated. I mean there’s no hope for these homes and of course they’ve been abandoned, they’re used for drug houses are they’re uninhabitable, they’re unsafe and we want to make sure however we do it we get these homes like this torn down because they’re not fit to be there. And I do understand that but if you look at the magnitude of the homes that are in this location it’s in great need and it’s something that needs to be addressed and we need to do something about it. No we can’t come in and take over the properties and do what we would like to do but we can at least tear them down and hopefully at some point auction off the properties to be maybe rehabilitated for new homes or something of that magnitude. But it’s high time that we start to address these homes because it does affect primarily the historical districts and that’s something that we’re really trying to key in on. But we can’t do anything until they get these houses down. Even with HUD and what Chester and them’s trying to do it’s almost impossible to do anything until we can get control of the property. So I do appreciate what they’re doing with that and it’s not just because it’s not my district but it’s District 1 and a few other districts involved here. But it’s something that truly needs to be addressed. Mr. Mayor: Okay, the Mayor Pro Tem and then Commissioner Grantham. Mr. Mason: Thank you, Mr. Mayor. Um, it’s kind of difficult for me to understand but there’s no procedure or appropriate protocol in place as we’re placing these houses on this list, prioritizing one way or the other? I mean there’s no guideline, no SOP, no anything I mean. That can’t be right. Mr. Sherman: Well, I mean we could have more of a priority list if we had unlimited funds. Probably some of these that are on the list are a couple of years old where we’ve had complaints against the properties and we’ve probably have been through court it would be several months ago having the funds available to do the demolition. Again you can go into a neighborhood some of the older city neighborhoods and you’ll have three or four houses that are in you know uninhabitable conditions. It won’t be long you’ll have one that’s been vandalized or burned. So because it’s adjacent to properties that are occupied that would be more critical to have it demolished than one that’s been sitting out in a block of you know other properties that 12 need to be demolished because of the impact it would have on someone living in the immediate neighborhood. Mr. Mason: And that goes straight to my point. I mean in order to make a decision like that I mean we’ve had houses that create a high risk. We may have some that create a, you know what I’m saying. So to me that you’re logic to me in my mind it would be reversed. You said we had unlimited funds and we could do it. It seemed like to me the funds are limited that you would prioritize more so that when the funds do come in that you’ll know specifically where you want to target and what it is that you want to do. I guess I see it a little differently. Mr. Sherman: Well, now some of these, let me go in this direction with it. Some of these are in neighborhoods in the Laney-Walker neighborhood that are going to impact projects that are going in over there. So --- Mr. Mason: So there is some method to the madness. That’s what I’m trying to get at. I mean this isn’t haphazard, just thrown out there is it? I mean --- Mr. Sherman: But – Mr. Mason: --- please tell me no. Mr. Sherman: And that is correct, it is not. But it may appear that way because they are scattered around. But again you would have the biggest impact if you could go and concentrate in one area and remove all the houses at one time. And that’s how the project started back in ’99 in the Laney-Walker neighborhood. But once it became effective there, there were pools to go to all the other neighborhoods throughout the city. So that’s how it’s become scattered as it is. Mr. Mason: Well, just as a final comment I’m hoping we’re making decisions with tax payers dollars that we have some sort of method to the madness of our spending so that we can justify our actions and what it is that we’re doing, so just a comment for you and housing and development and whoever else. Mr. Mayor: Okay, Commissioner Grantham, did you still want to speak and then Commissioner Smith? Okay. Mr. Grantham: Thank you, Mr. Mayor. To follow up on that I have a question and a comment, Rob. Is the question was raised about a list of any kind and if there is list that you, you know have as an ongoing list working than I would recommend that periodically and I don’t mean every week or maybe even every month that you provide that list with the Commissioners as it is worked against. Either added to or taken from and therefore letting us know what’s to come as far as maybe your recommendations and obviously your recommendations were made somewhat by the courts as to allowing you to demolish these particular structures. At that point does that property become property of this government? And, go ahead. Mr. Sherman: Eventually it does if the government so chooses to foreclose on their right to redeem the tax. 13 Mr. Grantham: Then I guess my comment is that I made this same comment before but as I look through the list I see you know the Laney-Walker neighborhood, the Bethlehem neighborhood and we have put $750,000 into that area through another type of program and it would behoove us I think to utilize some of those funds to take those houses down in that area therefore spreading our general fund dollars into other areas that would be more beneficial to our community and eliminate some of those structures a good bit faster than what it’s presently doing. And I’d like of course it’s not for me to make that decision but I think through HND or someone else who’s involved in that program that they look into doing that. We have very limited funds in our budget for what you’re telling us today and what you are proposing. So I think a lot of that could be changed around and giving us additional dollars. Mr. Mayor: Okay. Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. Rob, I think maybe what Jerry was eluding to was maybe take each district and go through it and instead of just one group you know one section of the county but all of our districts need some of the demolition. And if we need to get out there and make out a list and bring them to you we may have to do that. I know you got people that do that and so I think that’s what we would like to see. Mr. Sherman: I understand. Mr. Mayor: Okay. Commissioner Beard. Ms. Beard: Mr. Mayor, I guess I’m the one who feels they’re doing a pretty good job now and I really do appreciate it. I think we should all understand funds really haven’t come through for Laney-Walker/Bethlehem and so we have nothing there. You know I think you need to know what is going on in your city. And it does bother me that in our government revitalization has never been a top priority. How can that be? We talk about the TEE Center every week but never revitalization. All of you take the time to drive through and see what you have there. And I’ll tell you how it all started. There was a time when it was a marvelous community just like all the other communities. Then drugs came in. Then all of a sudden people started stealing the TV’s and everything out of the houses. From there they went to the bathroom fixtures, kitchen fixtures things of that nature. From there they went to the doors. What they were using those doors for I don’t know but there’s the windows then the siding. So you go drive through and see what you have there and we do ask why, why do we have it when we have had funds come into this city for 25 years or more. There is no excuse and we’re not now going to focus on leadership that understands this should be a priority in our city. And thanks again for what you’re doing. Mr. Mayor: Thank you, Ms. Beard. Can we get, I believe I’ve heard from everybody. Can we get a motion to approve? Mr. Johnson: So moved. Mr. Mason: Second. 14 Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Bowles, Mr. Brigham and Mr. Grantham vote No. Motion carries 7-3. Mr. Mayor: Next agenda item, Madam Clerk. Next pulled agenda item. The Clerk: FINANCE 17. Motion to approve a request from the David Dupree Steering Committee for city sponsorship through the purchase of tickets for the David Dupree Tribute Gala subject to funding being available. (Approved by Finance Committee August 24, 2009) Mr. Mayor: Commissioner Brigham, I believe this was yours as well. Mr. Brigham: Mr. Mayor, that was the very reason to pull this was is the funding available and if so how much money is left in that funding and that type questions. Mr. Mayor: Okay. The Clerk: Mr. Brigham as of Friday there was $1,176.00 in that account. The cost of the tickets of this gala is $35.00. In light of the fact of the cost of the tickets and the amount that we have in that account there’s sufficient funds for any member of the Commission who’d like to attend. Mr. Brigham: How much have we spent this year out of that account for tickets? The Clerk: I think there was about $4,500.00 in that account I think. Mr. Brigham: Thank you. Mr. Mayor: Okay, would somebody like to move for approval? Mr. Holland: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. If there is no further discussion Commissioners will now vote by the usual sign. Mr. Brigham and Mr. Jackson vote No. Motion carries 8-2. Mr. Mayor: Madam Clerk, let’s get on to the regular agenda. 15 The Clerk: PUBLIC SERVICES 29. Motion to consider New Application: A.N. 09-100: request by Teresa Y. Cummings for an on premise consumption Beer & Wine license to be used in connection with Mamie Lee’s Southern Cooking located at 2746 Tobacco Rd. There will be Sunday Sales. District 4. Super District 9. (No recommendation from Public Services Committee August 24, 2009) Mr. Mayor: Mr. Mayor Pro Tem, I believe this is yours. Mr. Mason: Oh, yes. Mr. Mayor: Well, it’s referring to you as your district. Mr. Mason: Let me see here. What are we dealing with? Is Ms. Cummings here? Mr. Holland: I think she was sitting outside. Ms. Cummings. Mr. Mayor: And I believe we should hear from Mr. Sherman first. Rob? Mr. Sherman: Okay, this is a request by Mrs. Cummings. It’s for a Beer & Wine license with Sunday sales for an establishment at 2746 Tobacco Road. A little history on this. The business formerly Super C’s previously operated by Charles Cummings, her husband. There was an incident out there and the Commission revoked the alcohol license and his business license in ’07. When that was done Ms. Cummings would not be, he is not eligible to apply for an alcohol license for 10 years. A few months after it was revoked he reinstated his business license. He’s been operating as Mamie Lee’s Southern Cooking at that location since then just as a restaurant. Ms. Cummings applied for a Beer & Wine license back in the end of the year. In February it was on the Commission agenda and it was postponed indefinitely until this point when now she’s back before you again asking for a Beer & Wine license and Sunday sales at this location. The Sheriff’s Department has reviewed the application and does not have a recommendation. And as I mentioned at the Committee meeting because they do not have a recommendation I don’t feel we can make a recommendation because it would not be, they reviewed the application (inaudible) objective criteria as well. And so it came out of the Committee without a recommendation. And that’s where we are. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Mr. Mayor, are there any opponents to this? Mr. Mayor: Objectors? Mr. Bowles: Objectors or whatever you want to call them. Mr. Sherman: There are none here. 16 Mr. Bowles: They way I look at it if the neighborhood’s willing to accept them back, you know, the alcohol sales back in the community I think if that’s what the residents want then that’s what they deserve. Mr. Russell: If I may if there are any objectors to this item, would you please raise your hand? None noted in the building or the hallway, sir. Mr. Mason: Mr. Mayor. Mr. Mayor: Mr. Mayor Pro Tem. Mr. Mason: Okay, now I’ll finish my thought process here. I’ve spoken with a number of folks within the neighborhood or course and I’ve given them an opportunity to be here today and to voice their opinion if they so choose. I don’t see them here. They have voiced it to me but I did ask them to come and voice it personally. The bottom line is I need to get on the record from our legal counsel that there is no legal reason why Ms. Cummings cannot come back and receive a license. Ms. Johnson: And there is not. Pursuant to our code in Section 6-2-59 all interests in the property on the application have to be disclosed. Thereby under 6-2-60 of the Code the Sheriff’s Department shall investigate the character and reputation of the applicant, owners, partners and officers of the corporation to determine whether it is suitable to issue a license there for the sale of alcohol. The only other provisions of the Code that would allow you to not award a license are the same ones that were applied to Mr. Cummings. If there was a revocation in Ms. Cummings name she would not be eligible to get a license. But none of those criteria are applicable to here. She should be granted the license under our Code. Mr. Mason: Mr. Mayor, having done our due diligence as a governing body and given everyone an opportunity to weigh in on this particular situation I will say this before making this motion that the family of Stedman Fryer is not here today and Stedman Fryer is not here today and Stedman Fryer did not get a second chance. But I’m going to recommend that you get a second chance today and I’m going to recommend that you take full advantage of that second chance and disappoint us, this government or anyone else. And I know it was not your intent at all and certainly you did not cause perse the death of Stedman Fryer but at the same we understand what did cause the death of Stedman Fryer. And so we can be more proactive in our operation of our business to insure or help insure that this doesn’t happen again. So you get a . I’m going second chance today and I hope that you take full advantage of your second chance to move for approval. Mr. Holland: I second the motion. Mr. Mayor: We have a motion and second. Commissioner Smith. Mr. Smith: Are we supposed to believe that changing the name from one spouse to the other is going to change anything? 17 Ms. Cummings: Mr. Cummings is not allowed to be in any participation of the restaurant. I do want to ask for a Beer & Wine license for my restaurant. Mr. Smith: He has nothing to do with the restaurant? Ms. Cummings: I mean he comes there and he’ll help me out if I have to but it’s totally a restaurant now. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Mayor, just for the Commission’s information. I did receive a protest from Ms. Wimberley, Mr. Fryer, Mr. Fryer’s cousin today by fax. I thought it was sent to the Clerk’s office. This note says it was sent there. Obviously it must not have been. The Clerk: It was, Mr. Brigham. Mr. Brigham: Okay. I was just wanting to make sure because I didn’t see it up here. I know it came to me. The Clerk: Yes, sir. It was an oversight. Yes, sir. If you like we can get that for you. Would you like a copy of it? Mr. Brigham: I’ve got a copy. I didn’t know if the rest of the Commissioners might like a copy. The Clerk: Would the other members of the Commission like a copy of it? Mr. Brigham: But I do believe that we are allowing ourselves to issue a license from what I’m hearing up here to an organization that has made a mockery out of our rules and regulations. This lady is an officer of the preceding license holding corporation and it’s my opinion that she shouldn’t be granted a license. The lawyer can say what she wants to say but I believe that she should not be eligible to seek a license. But I will go with the opinions, she’s the lawyer and I’m not and since Mr. Grantham once made a motion I think I’ll stick with the opinion of the lawyer with the law degree and not one that of a Commissioner that don’t have one. But that don’t mean I’m going to vote for it because it’s not the right thing to do. Mr. Mayor: Okay, Commissioner Holland and then Commissioner Beard. Mr. Holland: Thank you, Mr. Mayor. Mr. Mayor, you know these people have come before us several times before. And I think we’re going into about the third year now in reference to this. There are clubs all over the City of Augusta that we have problems with and the same thing has happened to a number of clubs. But my concern at this particular point is that the Commissioner of that district has made a motion to approve the license for this particular establishment, it has been seconded. So, Mr. Mayor, I don’t there needs to be any further 18 discussion in reference to this. We need to just pick up and move on with this item and go on to something else. Mr. Mayor: Well, would you like to call for the question? Mr. Holland: I’d surely do. Call for the question. Mr. Mayor: Okay, the question, the motion has been made and properly seconded. The question has been called for. Madam Clerk, just for clarity as we go forward the motion is to --- The Clerk: To approve the request by Ms. Teresa Y. Cummings for an on premise consumption Beer & Wine license to be used in connection with Mamie Lee’s Southern Cooking located 2746 Tobacco Road. There will be Sunday Sales and there were no objectors. Mr. Mayor: Thank you, ma’am and the Commission will now vote by the usual sign of voting. Mr. Brigham and Mr. Smith vote No. Mr. Hatney abstains. Motion carries 7-2-1. Mr. Mayor: Next agenda item, Madam Clerk. The Clerk: PUBLIC SERVICES 30. Motion to consider a request from Limelite Café, 1137 Agerton Lane to extend the probationary Alcohol License for Sunday Sales. (No recommendation from Public Services Committee August 24, 2009) Mr. Mayor: Mr. Sherman, we’re working you overtime today apparently. Mr. Sherman: Agenda item 30 is a motion to consider a request from Limelite Café, 1137 Agerton Lane to extend the probationary alcohol license for Sunday Sales. No recommendation from Public Services. Back in it was January of this year the license applicant petitioned you to approve him to have Sunday Sales. He was not meeting the Sunday Sales requirement or the food sales requirement in order to be classified as a restaurant so that he could be eligible to apply for a Sunday Sales license. He requested that you give him six-months probation to comply with the alcohol ordinance that section of the alcohol ordinance regulating food sales. We have conducted an audit and the audit if you look at it on an average he’s at 37%. But if you look on the monthly sales he has improved his sales from in January 27% to June 49%. Now I looked back at the agreement or the, what the Commission voted on and approved back in January and it was for him to have 50% food sales in six months. And ideally I think that’s what you expected. I don’t think that that would be possible when he’s really was changing his classification from a restaurant I mean from a lounge to a restaurant meaning that his dominant use, dominant business was going to be the sale of food. So with that in mind in 19 trying to determine the policy I think that the recommendation is that you extend the probationary period out another five months. The reason I went five months rather than six is so that we can review it by the end of November and at that time again if he is making progress we’ll come back before you well either way. But that will be before he purchases his alcohol license and Sunday Sales license for the following year. If he buys it and then he doesn’t get it and he’ll come back and want a refund and so we went with five months to try to have it straightened out before that period. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor, and thank you, Rob. Being the Commissioner for that District I’d like to move for approval of the recommendation of said. Mr. Grantham: Second. Mr. Mayor: We have a motion and a second. Mr. Mayor Pro Tem. Mr. Mason: Yes, Mr. Mayor, so here we go. I wasn’t in favor of it then and I’m not in favor of it today. It was stated at that time first and foremost the Georgia law called for 50% of food sales and we usurped that by giving him a six-month extension to try to meet that. And although you said he averaged 37% he’s gotten up to forty-nine he has to average 63% in order to make it. I wasn’t impressed with the applicant’s comments at the Committee meeting and his ability to get to that point. He did not assure me any kind of way he didn’t sound assured at all in his comments that he could make it there and to do another extension for another six-months in my mind why I wasn’t in favor for the first six months and I’m not in favor for another six. And at some point in this government we’re going to have to start holding people accountable for the rules and regulations that are set forth out there. So I’m not going to do a substitute motion, Mr. Bowles, but I will let you know that this one I won’t support. It doesn’t mean he won’t get it but I don’t support it. Mr. Mayor: Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. What we’re asked to vote on is what he might do. Is that right? Mr. Speaker: It will be done. We will give him --- Mr. Mayor: And if you could, Mr. Allen, if you could state your name and address for the record. Mr. Allen: Ben Allen, 1127 Laney Walker Boulevard, Augusta, Georgia. Mr. Mayor: And you’re representing the applicant? Mr. Allen: That’s correct. 20 Mr. Mayor: Okay. Mr. Allen: We will be at the 50% sale at the end of the five months. We have made tremendous progress from the beginning in January to where we are now. We’re at 49%. In food service if you just make a modest change when you’re that close such as increasing a food item 5-10% you’ll be at the 50% mark and we plan to be there. Mr. Smith: Well, we don’t really need a number then to reach if we do this every time. In other words the 50% don’t mean anything. Mr. Allen: No, that’s not what we’re saying. The spirit of the law is that the establishment should be a restaurant as opposed to just a bar. And the food service is one of the criteria that you take a look at to make a decision as to whether or not it is in fact a restaurant. What we’re looking at now we have a situation where we have an establishment in the beginning that was essentially a bar. We have transformed it into being restaurant. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I guess Chiquita may be able to answer a couple of questions for me in regards to this. What is the legal process in a situation like this or opinion in regards to somebody having an extension of six months to get the food sales up to 50% and asking for an extension? And then if that happens and they’re not approved what is the ramification of that in regards to applying for one in the future. Ms. Johnson: That’s the point. State law doesn’t look at that. It looks strictly at 50% food sales. Anything over and above that we would have in our Code of Ordinances and be required to apply it to the applicant. Mr. Johnson: Well, one of the concerns I have, Mr. Mayor, with this is we gave him the six-month extension to do so and if we give him five more months then what kind of standards are we setting for any other restaurant or bar if you will that does not exceed or meet the 50% which is requirement by the law. And I don’t get me wrong I want to support the business. I do know that we’re struggling in these economic times but I don’t want us to put ourselves in a situation where somebody else comes up and says well you’ve done this for them and so forth and so on and now we don’t have anything done in order if you will to make sure that we hold people accountable for their actions or like thereof. And that’s the concern that I have but I don’t know I’m kind of torn between this one here. But thank you. Mr. Mayor: Okay. Commissioner Beard and then Commissioner Bowles. Ms. Beard: Mr. Mayor, I would just like to say it’s difficult running these businesses now. This young man is young, he’s worked hard he’s made progress and I think that should tell us something. And I’m going to support five more months. Mr. Mayor: Thank you, ma’am. Commissioner Bowles. 21 Mr. Bowles: Mr. Mayor, I’m going to go ahead and say this for item 31 because it’s the same situation. These are two restaurants that have had no problems what so ever, have definitely not had a murder in their facility and we can’t give them a chance to make a living. I find that hard to believe. Mr. Holland: Excuse me, Mr. Mayor, I don’t think it’s fair for him --- Mr. Mayor: Commissioner Holland. Mr. Holland: --- to mention that in reference to this particular restaurant because that item what happened at that other restaurant is totally something different. So I just think that’s totally disrespectful to even bring that up in reference to this restaurant. Mr. Mayor: Okay. Mr. Mason: Mr. Mayor. Mr. Mayor: Mr. Mayor Pro Tem. Mr. Mason: Mr. Mayor, Mr. Bowles voted no on that item as is his right. Mr. Bowles: I voted yes, Mr. Mayor. Mr. Mason: Well, he voted yes, which ever way you voted it was your right. So in any particular case to bring another item into this agenda item is not the appropriate thing to do period from that standpoint. I just wanted to make sure that we’re clear on that. Mr. Bowles: Mr. Mayor --- Mr. Mayor: Y’all, please. Mr. Mason: Can I finish please --- Mr. Mayor: Please. Mr. Mason: --- without being interrupted. Thank you. Now I’m not sure where we’re going here but what I do know is we have a law in place and from my standpoint if we have a law in place I was not convinced prior to in a Committee meeting you were not affective in your articulation of what it is that you were going to do to get there. As a matter of fact you sounded extremely doubtful. So in my mind I’m very clear that it’s not something that I could support at this particular time. We will take a vote on it you may get it you may not. But that’s the American way. Mr. Mayor: Okay, would somebody like to call for the question? Ms. Beard: I call for the question. 22 Mr. Mayor: Thank you, Ms. Beard. The question has been called for. The motion has been made and properly seconded. Commissioners will now vote by the usual sign. Mr. Johnson: Is this just on thirty or both? The Clerk: No, this is just thirty. Mr. Mayor: Just on thirty. Mr. Mason and Mr. Smith vote No. Mr. Holland and Mr. Hatney abstain. Motion carries 6-2-2. Mr. Johnson: Mr. Mayor. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Let me have a statement before we proceed to the next item. I would like to say that we are going to deal with the next item very similar to this. But I spoke to the gentleman in Committee because I’m on that committee. I will say that I went with my heart on this particular situation because I have a compassion for business and I know it’s a difficult time right now. But definitely have a plan, okay? Have a plan and implement that plan and I hope that when you come back or when Rob comes back with the report on this in December that you have met and made sure that you complied with the state law of this. Because we don’t want this to be something that happens over and over again. This is very special situation here and a very special case. Normally we don’t do anything beyond six months. So I know we mentioned about the smoking and things of that magnitude. Hopefully you can get some assistance from those that maybe the landlord to assist you with that. But maybe do something to designate a smoking area and people like myself will come in and patronize the restaurant. You know but I cannot do it if there’s smoke involved in it. Thank you. Mr. Mayor: Thank you. Madam Clerk, next agenda item. The Clerk: PUBLIC SERVICES 31. Motion to consider a request from Finish Line Café, 3960 Wrightsboro Road to extend the probationary Alcohol License for Sunday Sales. (No recommendation from Public Services Committee August 24, 2009) Mr. Mayor: Mr. Sherman. Mr. Sherman: Number 31 is just that. The applicant, the license holder for the Finish Line came in after the decision was made for Limelite Café and applied for or appealed to you to allow him to have Sunday Sales on a probationary period, for a probationary period of six 23 months. We’ve conducted the audit and there was a correction that I made in the agenda item that was submitted for the Committee. It listed the months January through June. It’s actually February through July with the same percentages apply. For the six month period he was at 42% was his monthly average. And again based on everything that I said that applied to the previous case I would say for this case. He has made some improvements. For his prior audit he was at 35%. He has made some a good bit of progress towards being meeting the requirements of the restaurant classification and will recommend that he be placed on probation for another five months and increase his food sales. Mr. Grantham: Under the circumstances as we’ve said, Mr. Mayor, I make a motion --- Mr. Mayor: Commissioner Grantham. Mr. Grantham: --- I make a motion we approve. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. The Clerk: That motion carries 6-2-2. Mr. Mayor: Am I clairvoyant or could I just see that one coming? Mr. Grantham: You must not have cleared the screen. The Clerk: I did too. Mr. Mason and Mr. Smith vote No. Mr. Holland and Mr. Hatney abstain. Motion carries 6-2-2. Mr. Mayor: Madam Clerk. The Clerk: OTHER BUSINESS 32. Discuss/update path forward relative to TEE Center. (Requested by Commissioner Joe Jackson) Mr. Mayor: Commissioner Jackson. Mr. Jackson: Yes, sir, thank you, Mr. Mayor. Putting back on the agenda the discussion in moving forward with the TEE Center. The voters of Augusta-Richmond County voted for the TEE Center and I think revitalization of all the areas is a good thing to do in supporting Bethlehem/Laney Walker and, Jeff, I’ve got some pictures that I took. In each of our districts 24 that we represent and they are blighted but they’re not a historic value. And I just think the times that you know we can move forward with the TEE Center with the Hyatt with, you know it’s going to put people to work. The Hyatt, excuse me the Marriott now is turning away some business because they don’t have a big enough convention space. And I think it’s time to you know the voters approved it and I think it’s time for us to move forward. These are in all of our districts right here. So we have the same issue that’s in Bethlehem and Laney Walker and Hyde Park, District 5, District 7, District 3, District 6, District 8 and of course one and ten. And I just think you know we’ve had time to come and do some research. It’s not all peaches and cream but I think it’s time to look at the bigger picture. Where do we want to be in twenty years and how can we get there. In riding through and I know that we can’t direct that money straight to revitalizing everybody’s area but I think it would be important to look at, I think that’s it Jeff thank you, look at the bigger picture in revitalizing Augusta. And you know I think that the TEE Center, the hotel everybody has disagreements with everybody else. But I think it’s time that we look at what’s on the table, look at what we could potentially lose with the new motel/hotel or hotel with the Hyatt. You know the gentleman wants, that company wants to invest $25 million dollars of his own money. There’s a lot of convention centers across not just Georgia but the nation that are spending $25 million dollars just to get a hotel chain their own area. So you’ve got a gentleman that wants to and I put this on the agenda before Mr. Osborne sent out the notice. So this is way before anybody felt threatened or didn’t feel threatened that we had to move on it that day. I think the time has come that we need to take and move forward with this. And I’m not going to make a motion we move forward but I think that we’ve got enough staff, the money’s been, we’ve got money here. Let’s make the next step and give the Administrator and the subcommittee or a committee that wants to go in with that and oversee it to move forward. Mr. Mayor: Okay, thank you, Mr. Jackson. And I just, I know that there’s been a great deal of discussion about this over the past four months and I just want to make a couple points. This government committed to bringing forward the TEE Center project as an asset to this community. We also committed to investing in redevelopment in our historic inner city neighborhoods in Laney Walker and Bethlehem. We have the opportunity to do both. I’ve often said and I know Ms. Beard said that community redevelopment that is this is one of the most important initiatives that this government has undertaken. What I think we need to remember is are we ever going to be perfect are we ever going to get down to every deal being worked out. I don’t know that that can be the case. But we have a chance to bring in a new hotel, a $25 million dollar investment, develop the Trade and Exhibit Center and invest significantly in community redevelopment at no addition cost to the taxpayer. And if we do not get this done prior to the end of the month there will be no hotel, there will be no money set aside for redevelopment and there will be no TEE Center. So I think that’s something we all need to consider in moving forward. This is a win, win situation where we can do something to serve all areas of this city. And my personal opinion we need to take that step forward. Ms. Beard. Ms. Beard: I guess I’ll begin with Mr. Jackson. Mr. Jackson, I see you know now I guess you’re considering or you would like to see this money funneled to all of the different areas. I think you probably need to know how all of this got started. It got started when I came on board and always felt a need for something to be done in the inner city. And since I was from Laney Walker grew up everything there and considering its conditions that was my focal point. 25 And I talked about it and talked about it and talked about it because before that time no one had given any consideration whatsoever to revitalization in Augusta. But then there was a Commissioner who sat right here, Commissioner Andy Cheek. And Andy Cheek listened and listened. And he came before us and said you know I really think we need to look at revitalizing the Lyman Dover area, Lyman Dover, not Laney Walker and Bethlehem. And you know we talked about it and talked about it. And I told him I’m going to support that. I said I’m going to support it because we need to begin something in the City of Augusta. I said but I am hoping Laney Walker and Bethlehem will be second on the list. Now I, if you go back to any of our minutes Joe and I know you have been supporting Lyman Dover and you have supported us moving forward since you have been here. Every time it came up I voted for it because I thought it was important. And then it came about that we could get some funds for Laney Walker and Bethlehem. And, Joe, I want to remind you I was not going to vote for the TEE Center originally and that vote was needed. I wasn’t going to vote for it because I did not feel Augusta needed to get into that at this time. But when they came forth and said if you consider it we will consider looking at Laney Walker and Bethlehem. I made that decision to do it. So we had both there, the TEE Center and Laney Walker. The TEE Center and Laney Walker, the TEE Center and Laney Walker and we made an agreement as resolution was written up. That’s what is law now. Now I understand we want a TEE Center and I agreed to that and I continue to agree to it. Now when did I run into a problem? I ran into a problem when you came before me and said we need an additional $35 million dollars in order to get it done. And on top of that and we can not give you $10 million of the funds for Laney Walker we can not give you fifteen, we will give you five. Mr. Mayor: Ms. Beard. Ms. Beard: So that is the story of the TEE Center and the Laney Walker situation. And the point is this. Yes, I could have given you what you wanted when I wouldn’t have thought it was in the best interest of the city. But like a lot of other of you out there I have principles too. And I’m going to stick to them. Mr. Mayor: Thank you, ma’am. Mr. Mayor Pro Tem. Mr. Mason: Thank you, Mr. Mayor. Just for the sake of clarity, well, first of all, I’d like to commend my colleague down here Commissioner Jackson for trying to get the dialogue going. And I know where he’s heading there, I know his heart is in the right place and I can appreciate that. I think we need to understand that we keep putting the TEE Center and Laney Walker together and the facts of the matter is that they’re not companion items. The TEE Center was voted on by the people in 2005 to the tune of $20 million dollars which was too low a number to begin with. Whether it was intentional or unintentional was way too low to begin with but that’s what was done in 2005. So the erection of the TEE Center can be done and I just want to state for the record that the money is there to get it started now. So that can be done. Now in 2007 however is the agreement for six Commissioners to agree to the operating agreement and the location and the money for Laney Walker/Bethlehem not for the erection of the TEE Center. Let’s not get it twisted, okay? So when you say they’re companion items or joined at the hip they are not. The erection of the TEE Center in 2005, the agreement and the location and the money for Laney Walker was in 2007 by not the people but by six 26 Commissioners. So as long as we’re clear on how we got to where we are today that’s going to help us move forward. Now you made a mention, Mr. Mayor, and I may going to need a second go around here if I’m over my two minutes but you made a mention about in reference certain things happening before the end of the month or things may not happen. You know that’s the kind of government that we’re dealing and the decisions up here. But many times when we have the arbitrary deadlines that are thrown up seemingly out of no where it kind of clouds the picture when you’re making your decisions. And so I would hope that if someone wants to invest in this city and they’re serious and they see that Commissioners want to do their due diligence to insure that we do what’s best for the citizens of Augusta then they’ll bear with us on this one. But if you really want to know whether or not the TEE Center is a good idea I encourage you to put it on the ballot in November and see if it’s still a necessary item by the people to see if that’s something that they want. If we really want to know whether people want it five years later what they voted on five years ago or four years ago excuse me, whether it’s still viable in their minds today. Let’s put it on the ballot and let’s see where we stand and let the people tell us and we have no choice but to move forward. Mr. Mayor: Okay and just for clarity, Commissioner Mason, with the hotel developer I think the important thing to people in that industry a lot of it’s speed to market and they are looking in investing in other cities. So I think the reason as a business man he has gotten to the point where do I want to move forward with the investment if there’s no guarantees that it’s going to go forward. So I think that’s, I don’t think he’s trying to be so threatening, he’s hung in there for a long time. But I just say that. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I do agree with my colleague Mayor Pro Tem Mason. I do think that it seems and I can understand Joe where you’re going with this because it seems it’s been going on a little bit longer than it should have. But primarily my concern is when you feel pressure somewhat and you’re not allowed, another words when I go buy a car I like it when the car dealer allows me to roam and look and see what I like and fits me versus what you tell me to buy. If I buy this car now this is what I will get. If I wait until tomorrow I will lose the incentive. I don’t like pushy car salesmen. I don’t like pushy realtors. Let me decide what I think I like. And in this situation I represented 20-25 thousand people. I want to make sure we’re doing the best possible things for the citizens. Because we know and I can attest to this I get phone calls. The citizens, the ordinary citizens can really care less about the TEE Center but they will be impacted by what goes into their community. And I want to make sure whatever we do in this process that we get something for the community as a whole, not just one community but as a whole because it affects and impacts everybody. This TEE Center thing I’m really getting kind of sick of hearing about it because it’s just I’m going to say the elite, okay? I’m going to put it out, the elite that this really benefits, okay? And I’m all for progression. I’m not saying that this won’t be something good but we don’t know because looking at the track record and the history of Augusta things have folded. The gentleman just came in today and showed me what the Augusta Golf and Gardens did and how it folded. That was something that was supposed to be monumental, historical, a tourism attraction to bring people into the city and make and spend money and look what happened. We don’t want that to happen with this TEE Center and we definitely don’t want that happening with the Hyatt. Now if you look at the Marriott just check and see how much are they booking rooms, what’s going on with their conventions and things that’s coming over there. I guarantee it won’t be pleasing. 27 We want to make sure that we do the best possible deal for everybody. And everybody wins in this situation because I too know that this will do some things if we do the right things downtown and throughout the city. But we’ve got to make sure that ordinary citizens feel the impact of this, not just the elite. Thank you, Mr. Mayor. Mr. Mayor: Okay and I just make a point with that. And I very much respect the input of Commissioner and others but when you consider the estimated economic impact of this would over $12 million dollars a year those monies would go to help our bottom line and thus help people throughout the community. And as important as that our local school system who currently are receiving cuts from above, they’re struggling. I’ve spoken to the superintendent has to have that growth to help fund the school system. So and I would just also as I shared with Commissioners yesterday in Columbia they’re looking to expand their Trade and Exhibit Center and the article which I shared yesterday showed the economic impact. They went through some difficulties getting to the point where they built it but now it’s too small for them and they’re looking because it’s so successful they’re looking to expand. So I’d just throw that out there. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor, and I agree with what pretty much everybody up here said so far, Ms. Beard and Mayor Pro Tem Mason. You know the fact of the matter is we seem to be at an impasse. We can’t get the thing built. My question then becomes why are we still charging these hotels the dollar collection fee if we don’t have a contract with the management group? And what do we do to get past this impasse? And we’ve got to move forward sooner or later or that one-dollar fee is going to become an illegal charged fee. Mr. Mayor: Ms. Beard. Ms. Beard: I do believe that was checked on and we were told what would happen in reference to that fee. And let me also say this, Mr. Mayor. I’m very happy they’re doing well in Columbia but even when we began this and even when we talked about the different convention centers in this area, Savannah, what have you, none of them were making enough money to take care of themselves. And I have brought in information in reference to Indianapolis, the World Congress in Atlanta and all over the United States. These things are not doing well. They’re like an albatross around the city’s necks at this time. I do believe that is what will eventually happen here. It will be the taxpayers who will be taking care of this. Mr. Mayor: Okay, Commissioner Bowles, I’ll recognize you in a second but I’m sensing a consensus basically that, you know, and I respect what Commissioner Johnson said that this has been taking a lot of time and energy out of this Commission, out of staff out of myself personally over the past four months. I think we understand that we need to make a decision here. And I agree totally with Commissioner Bowles that how do we get past the impasse? I don’t know that that decision’s going to be reached today but I think this has been good discussion. But I just throw that out there. Commissioner Bowles, then Commissioner Grantham. Mr. Bowles: I’d like to hear from the Attorney. If we do not enter into an agreement with Riverfront Partners, what happens to the dollar fee? 28 Ms. Johnson: Well, the dollar fee was collected for a variety of reasons. But one of them was to fund the TEE Center. Mr. Bowles: And if we don’t reposition those funds for a specific purpose what happens to the fee? Ms. Johnson: That fee is going to go away. We will no longer be able to collect the fee. Mr. Bowles: Thank you. Mr. Mayor: Okay. Commissioner Grantham, did you? Mr. Grantham: Yeah. Thank you, Mr. Mayor. Mr. Mayor: Then Commissioner Jackson, then Commissioner Hatney. Mr. Grantham: Mr. Mayor, we have been talking about this now since August of 2007 when it was first decided upon the management agreement and everything be tied together. And it would move the TEE Center forward as well as Laney Walker Bethlehem area. I hate to see all of this go down the tube, which it very easily could unless we can come to some kind of decision and something that could be done quickly. I think we’re losing the idea and the thought behind supporting this community and our constituents in making sure that we’re doing what we pledged to do when we took the oath. And that was to uphold our, not only our laws but to better this community for our citizens to live in. And by losing this Hyatt Hotel as well the TEE Center as well as revitalization of our inner city then I think we have been derelict in our duties in fulfilling that responsibility. I think that we all have a sense of being close to where we want to be and I think we all have a feeling of what we want to see the end results to come to. But we’ve not really come to any kind of agreement to say this is it. And it’s going to take six people to decide this is it. And I really think that with all the proposals that have been made and those that we have tried to massage and make sure that we were doing the right thing to everyone should be looked at one more time. And I’m one that I’ve said before that I didn’t want to see this go back and forth any longer then if it was the will of the people, the will of this Commission than we might as well just throw the towel in. But I don’t think it’s time to throw the towel in today. And I feel like that we need to ask our Administrator to let’s go back and make one last ditch effort along with yourself, Mr. Mayor, that you contact these Commissioners, everyone included and you get a consensus of what their feeling is and what they’re willing to do and let’s come back and make a commitment and move this city forward in a way that we should. Mr. Mayor: Commissioner Hatney. Mr. Hatney: Madam Attorney, Madam Attorney. Ms. Johnson: Yes, sir. 29 Mr. Hatney: You mentioned the, really, Mr. Mayor, where I see the problem is, is that the, the amount of money that has been delegated, designated for repayment of bonds for the Laney Walker/Bethlehem project is not sufficient. To why I say that it’s because to get $85/$90,000.00 it’ll take twelve years to pay it back at $750,000.00 a year. So what I would hope that we would consider because everybody is tired of this. I doubt seriously if there isn’t . But I do believe that the anybody up here ain’t tired. That coins everywhere you know Mayor being our leader should be the one that designates the folk to study this, wrap it up and bring it back and let’s present for the next meeting. Mr. Mayor: Okay. Would you like to put that in the form of a motion? Mr. Hatney: I put that in the form of a motion. Mr. Mayor: Is there a second? Mr. Johnson: Second. Mr. Mayor: The Mayor to appoint a four person committee to hammer it out and bring it back for recommendation at the next Commission meeting. We have a motion and we have a second. Commissioner Grantham. Mr. Grantham: I’d like to have a discussion because I just, I thought I just made a comment about you and Mr. Russell doing just that? And that was my proposal that you get with this Commission and handle it. Now we’re going to form a subcommittee. We’ve had so many dad gum subcommittees on issues that we don’t know who’s on the subcommittee. Mr. Mayor: No, but I think and, Commissioner Hatney I’m going to, this is with a short fuse that I got to do this immediately and we’ve got to come back with the recommendation for the next Commission meeting. Okay, we have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Smith: Rephrase the motion, Mr. Mayor. Mr. Mayor: It was for me to appoint a four person subcommittee to hammer this out and come back with the recommendation for the next Commission meeting. Mr. Bowles: Point of clarification, Mr. Mayor. Mr. Mayor: Commissioner Bowles. Mr. Bowles: The subcommittee then becomes absolved at the next Commission meeting even if (inaudible). Mr. Hatney: One way --- 30 Mr. Mayor: And just to I know it’s already but to clarify your motion a subcommittee, Commissioner Hatney, a subcommittee to serve through the end of the month and then discharge them. Mr. Hatney: (inaudible). Mr. Mayor: Okay. Mr. Grantham: Are you making a recommendation or are you bringing a final decision? Mr. Mayor: We’re bringing a recommendation that’s blessed by the subcommittee that we --- Mr. Grantham: (inaudible) Mr. Mayor: Yeah. Mr. Grantham: That’s a little different that what we’re saying. I don’t mind a recommendation if this body’s going to vote on your recommendation. Mr. Mayor: Absolutely. Mr. Grantham: I don’t want a decision to come from four people. Mr. Mayor: No, and that’s what I’m saying. This is, okay? I hope your putting the faith in these five people to get this done. Mr. Hatney: Over with. Mr. Mayor: Everybody else can rest until that point. Just trust us. The Clerk: Mr. Mayor, do we need to reset the buttons, are you okay with those who have already voted? Mr. Mayor: Everybody’s okay. The Clerk: Okay, so Mr. Grantham, Mr. Smith, Mr. Brigham Mr. Holland and Mr. Mason. Mr. Grantham: Well, I’m going to vote for it, Lena. The Clerk: Okay, I appreciate it. Thank you. Can you get your other colleagues to vote? Do you have any influence? Mr. Grantham: It’s either a yes or a no. Go ahead. 31 Mr. Bowles: --- once a year. The Clerk: All right! Mr. Mayor: Ladies and gentlemen, you’re now witnessing herding cats. Mr. Holland: Just don’t bring the word quickly into your recommendation. Mr. Hatney: Reverent. Mr. Holland: Quickly, don’t bring the word --- The Clerk: Reverently too. That’s a reverently word, quickly. Mr. Holland: That’s all right. I’ll be reverent all right just don’t put us on a reverent timeline. Ms. Beard abstains. Motion carries 9-1. Mr. Mayor: Thanks everybody very much. We’ll get this done for you. Madam Attorney, do we need a Legal Meeting? Ms. Johnson: Yes, sir. The Administrator has a real estate issue, outside counsel has pending and potential litigation and we do as well. Mr. Mayor: Can I get a motion to go into a Legal Meeting to address those issues? Oh shoot, sorry. We added it to the agenda so Scott if you want to. Your patron just shaved you to 2 ½ minutes so. The Clerk: That four person committee is that going to be members of the Commission? Mr. Mayor: Yes. The Clerk: You want to clarify that to them. It will be members of the Commission. Mr. Grantham: What? The Clerk: The four person committee, members of the Commission. Mr. Grantham: Yeah, it should be --- The Clerk: Okay. Mr. Grantham: --- yeah, absolutely. 32 The Clerk: Members of the Commission, okay. Mr. Grantham: Why don’t we go to Columbia and get some of them. The Clerk: Since they know how to do it? Addendum 35. Discuss whitewater park project. (Requested by Commissioner Jackson) Mr. Mayor: Okay Commissioner Jackson is deferring the update on whitewater. So can I get a motion to and would you, Madam Clerk, repeat the, what we’re going into Legal Meeting for, please, for the record. Ms. Johnson: Potential Litigation and Real Estate. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 33. Motion to approve going into a Legal Meeting. Mr. Mayor: Can I get a motion to go into a Legal Meeting to --- Mr. Hatney: So moved. Mr. Mayor: --- to address those subjects? Mr. Grantham: Second. Mr. Mayor: We have a motion and a second? The Clerk: Yes sir. Mr. Mayor: If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Jackson votes No. Motion carries 9-1. The Clerk: We are in Legal. [LEGAL MEETING] Mr. Mayor: Ready, Madam Clerk? I’ll go ahead and call the meeting back to order. 33 36. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Holland: So moved. Mr. Bowles: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Johnson out. Motion carries 9-0. Mr. Mayor: And, Madam Attorney, I believe we have one item to add and approve. Ms. Johnson: Yes, we do and Mr. Brown will read the motion. ADDENDUM 34. Motion to approve giving the County Administrator the authority to enter into and close an agreement involving the acquisition of land from the Augusta, Georgia Land Bank Authority and enter into and closing a land swap arrangement between Augusta Richmond County and the Villa, Inc. in connection with the Marshal’s Substation. Mr. Mayor: Can I get a motion to that affect? Mr. Hatney: So moved. Mr. Grantham: Second. Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual sign of voting. Mr. Johnson out. Motion carries 9-0. Mr. Mayor: Unanimously. The Clerk: Magnanimously. Mr. Mayor: Magnanimously. With no further business to come before the body we stand adjourned. [MEETING ADJOURNED] 34 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 September 1, 2009. ____________________________________ Clerk of Commission 35 36