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HomeMy WebLinkAboutCOMMISSSION MEETING October 6, 2009 REGULAR MEETING COMMISSION CHAMBER OCTOBER 6, 2009 Augusta Richmond County Commission convened at 2:00 p.m., October 9, 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 Terry Eubanks, Pastor, New Life Christian Center. The Pledge of Allegiance to the Flag of the United States of America was recited. The Clerk: DELEGATIONS A. Ms. Lori Davis RE: Chronic Nuisance Property Ordinance. Mr. Mayor: Yes, ma’am, and if you could keep it to five minutes, please. Ms. Davis: Thank you. Mr. Mayor, Mr. Mayor Pro Tem, members of the Commission, members of the media, reporters and guests. My presence here today marks the culmination of a two-year effort of the citizens of Harrisburg to try to solve chronic nuisance problems that plaque our neighborhood. From association meetings to neighborhood watch programs, to meetings with Sheriff Strength along with letters to landlords and even landlord protests, we have had little success in changing the negative social behavior that surrounds us. We are here today as vigorously involved individuals who are frustrated with the status quo problem solving in Augusta and would like to petition for change. We have always felt and still feel today that holding the landlord accountable is the key. A Chronic Nuisance Property Ordinance will hold everyone’s behavior accountable but particularly the landlords who at this point have no reason to cooperate. Our Richmond County neighbors have become overwrought with negative antisocial behavior that has been allowed to go unchecked for too long. These nuisances frightened away law abiding residents and discourage reinvestment while consuming countless Richmond County resources. The cause of this is absentee landlords associated with a high number of rental properties, neighborhood and community enablers, general apathy of the people combined with a lack of a Comprehensive Nuisance Ordinance to address negative social behavior. Adding a Chronic Nuisance Property Ordinance to enhance the ordinances that we already have would help to solve this problem. The ordinance would hold the landlord responsible for the chronic nuisance behavior occurring on his property would empower the residents of the neighborhood and give the Sheriff’s Department along with peace that can be enforceable. With that being said we would like to submit this proposal. I think each of you have a copy. We the concerned citizens of Richmond County would like to propose that a task force of no more than ten members be convened by the Mayor within 30 days to research and shepherd a Chronic Nuisance Property Ordinance for Richmond County. We propose that an executive committee chosen by the Mayor be comprised of one Commissioner, one 1 Representative each from Law Enforcement, Planning and Zoning and code enforcement. Once these appointments have been made the Mayor may released of this duty. The executive committee shall then be responsible for choosing the remaining committee members. These committee members should be chosen from community leaders who have shown a dedicated interest in this particular issue as well as a genuine concern to the health and well being of their neighborhoods. We further propose that within the period one year a Chronic Nuisance Property Ordinance be in place to address the negative social behaviors in our communities. We as concerned citizens of Richmond County do not profess to be political experts or experts of the law. We petition you to see nothing legally binding at this point in casting your vote to move forward with this task force. Thank you very much. Mr. Mayor: Thank you. Do we have any questions? Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I’d like to start out by asking first of all I commend y’all for what you’re doing. I heard you last week at the Committee meeting and this is very similar to what I proposed about a year ago talking to Rob Sherman about the dilapidated homes and things like that throughout the district and how can we consume this issue. What I want to find out first and foremost from our Counsel. Is it anything legal that will bind us from participating in this ordinance? Ms. Johnson: That depends on how narrowly defined the ordinance is and what exactly it is you want to regulate and who has the enforcement authority. Whether it’s Augusta Richmond County or as was proposed to more of the regulation that would rely on the citizens. So it’s a whole host of factors to look at and in addition to state law on inverse condemnations, interim condemnations, dilapidated properties as well as our code of ordinances. Mr. Johnson: Would it be something y’all would have to draft to particularly address this issue based on what it is they’re trying to do and what would we need to do to make this a success or how would it need to take place. Ms. Johnson: Again, it would depend on how specific you want the ordinance to be and whether or not it’s going to add additional enforcement to what we already have in our code of ordinances and whether or not there is a state law issue involved in this enforcement. It depends on how it’s drafted. Mr. Johnson: Well, that’s the concern. I don’t want to reinvent the wheel with this and I want to figure out if there’s something we can do, if not adding to the old ordinance but maybe introducing a new one that I would propose. And that’s one of the concerns we have when I spoke with Rob on that. We kind of, it’s kind of reinventing the wheel with that. We just need to enforce what we do have on the books. Ms. Johnson: Well --- Mr. Johnson: But we will take a look at it and see what we can do critique or make some changes to try to address this issue. Thank you, Mr. Mayor. 2 Ms. Johnson: We could do that and you also need to think of the cost in personnel involved in the enforcement if it is something additional with what we’re already doing. Mr. Johnson: Thank you. Mr. Mayor: Commissioner Bowles had his hand up first. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor, and I want to just say what Corey said is exactly what the problem is. But if we’re going to sit here and close our eyes as a government I don’t know that this is the solution. But if close our eyes as a government to these people, this isn’t just Harrisburg, this is Sand Hills, this is Forest Hills, this is Laney Walker, this is everywhere in this city. It’s spreading like wild fire and if we’re going to close our eyes you’re going to open your eyes one day and see it in your backyard. So I think it would be in the best interests of this body to at least, it sound to me if we don’t set up a committee and that committee gives some recommendations we won’t know whether or not it’s legal or not. I don’t see what the harm would be to set up a committee. Mr. Mayor: Thank you, Commissioner Bowles. Commissioner Hatney. Mr. Hatney: My only problem is at this juncture and due to the fact that our legal , that we receive this as department has not had an opportunity to look at this at all that they information and allow them that opportunity and then they can report back to us the means by which we can approach this. Mr. Mayor: Are you putting that in the form of a motion? Mr. Hatney: Yes. Mr. Holland: I second the motion, sir. Mr. Mayor: Okay, we have a motion and second. Commissioner Johnson, then Commissioner Bowles. Mr. Johnson: Okay, we need to have a specific time line on when we’re going to have them report back to us on this. Mr. Mayor: At the next committee meeting? Mr. Hatney: Well, that’s going to take, that depends upon when they get through it because they’ve got other things to do. So I think they would be in a position to bring it back when they get to where they need to go. Mr. Mayor: Okay before, Madam Attorney, what would be a reasonable time frame? Ms. Johnson: It’s going to take at least two committee cycles. 3 Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: I may have been misunderstanding what the counsel just said but I thought she just told us it’s depends what we, the committee comes back with to determine whether or not it’s legal or illegal. So if we don’t have anything to propose, how can we get a recommendation back from the legal counsel? Mr. Mayor: Ms. Johnson, would you like to? Ms. Johnson: And that is reasonable. I have no idea because we haven’t reviewed it, what’s being proposed or determined. We can only evaluate it after we have something in hand unless you’re asking us to draft something. And if we’re being asked to draft it we need to work with the members of the community and bring that back through committee for the Commission to act on. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: May I ask Ms. Johnson a question? Mr. Mayor: Please. Mr. Brigham: Ms. Johnson, have you made any attempt to see if there are any existing type ordinances in other communities in Georgia dealing with this subject? Ms. Johnson: No. I have not been here, Commissioner Brigham, I’ve been out on vacation but my staff has looked at this preliminarily, but without knowing what the community needed in the ordinance we haven’t proceeded any further. So until everybody can get on what one page with what’s being proposed there was no advice to offer. Mr. Brigham: Well, I would advise, make the advice that we at least seek out the other cities in the state of Georgia to see what kind of nuisance ordinances that deal with this subject are already on the books, review them to see if we can’t come in line with something like that or what’s available or we do not have that in our current ordinances. Ms. Johnson: We can do that and presumably when we’re referring to nuisance we’re talking about a public nuisance. That would give y’all the ability to regulate the same. We’re not talking about a private nuisance. Is that the understanding that the Commission has? Mr. Brigham: I’m not sure exactly what the understanding the Commission has a whole. Mr. Mayor: Okay, Commissioner Hatney just to add to your motion? Would you include that the legal counsel bring back some examples of other ordinances from other cities for us to start this rolling so that we do have something to go on to begin with? Mr. Hatney: If that’s what you want, Mr. Mayor. 4 Mr. Mayor: Is everybody --- Mr. Hatney: If that’s what you want, I don’t have a problem with it. Ms. Beard: Mr. Mayor. Mr. Mayor: Ms. Beard. Ms. Beard: Legal counsel should also work with the community to see what they have in mind. Mr. Grantham: Ask Ms. Beard to repeat that. I couldn’t hear her. Mr. Mayor: That the Law Department would work with the community as well. Ms. Johnson: Again, that’s all communities in Augusta and it looks like as we stand right now this would necessitate a public hearing so that members of the community can come and voice their opinions on this ordinance. I think that would be the first step. If we’re asking members of the community to participate, that’s the forum for them to do so. Mr. Holland: That’s right, what’s good for one is good for the other. Mr. Mayor: Commissioner Jackson. Mr. Jackson: Thank you, Mr. Mayor. Is there a way we can get a copy of the ordinance that’s on the books now that we can find tune it and get to where we need to be? Ms. Johnson: I will give that to the Clerk for dissemination to y’all. Mr. Jackson: Thank you. Mr. Mayor: Okay --- Mr. Grantham: Let me get the --- Mr. Brigham: Can we get the motion restated? Mr. Mayor: Madam Clerk, can you restate the motion? Mr. Grantham: Mr. Mayor? Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. I don’t know if we’re getting off base or not but in talking to Mr. Sherman and what he discussed the other day the ordinance, the nuisance ordinance we have pertains to the upkeep of housing and that type of stuff and as to the condition 5 of the house. And that goes against the owner of that house. I think what these people are looking for is something different and separate from that. And that is that they’re looking for protection against individuals that either rent in that house or they just come into their neighborhood to create a nuisance in that particular area. So we’re talking about apples and oranges. I don’t think we’re on the same page when we’re talking about our present nuisance that is in place. We’re talking about a new Chronic Nuisance Ordinance. And in order to obtain that I don’t see how we can vote on anything today other than to proceed to get information and to ask our counsel to bring back what Mr. Brigham suggested. And then we can move forward in satisfying what this neighborhood needs and apply it to the rest of the neighborhoods in Richmond County. Otherwise you’re going to have to have this next meeting in the Bell Auditorium because you’re going to have to invite every neighborhood association and every person that’s involved with any situations like this. And so let’s take this thing step by step but let’s don’t be comparing it with what is presently on the books. Mr. Mayor: Okay. Thank you, Mr. Grantham. We have a, is there any further discussion on this? We do have a motion and a second. Mr. Brigham: Can you restate it? Mr. Mayor: And, Ms. Bonner, if you could restate the motion. The Clerk: The motion was to receive this as information and task the Law Department to review and compare other nuisance ordinances of other cities in state. Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Thank you, Madam Clerk. On to the consent agenda. The Clerk: Our consent agenda consists of items 1-33, items 1-33. For the benefit of any objectors to our alcohol petitions, when those petitions are read would you please signify your objections by raising your hand. Item 3. Is for a retail package beer & wine license to be used in connection with the Super Mini Mart located at 1812 Lumpkin Road. Item 4. Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with the Cheddar’s Casual Café located 3609 Walton Way Extension. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Our consent agenda consists of items 1-33. 6 Mr. Mayor: Seeing as we have no items left to place on the consent agenda, do we have any items to be pulled for discussion? Commissioner Smith. Mr. Smith: Mr. Mayor, I’d like to pull item 16. Mr. Mayor: Do we have any further items to be pulled for discussion? Could I get a motion to approve the consent agenda? Mr. Hatney: So moved. Mr. Holland: Second. CONSENT AGENDA PUBLIC SERVICES 1. Motion to approve a request for an amendment to the 2009 Airport Budget. (Approved by Public Services Committee September 28, 2009) 2. Motion to abate 2009 property taxes for the Augusta Boxing Club headquarters. (Approved by Public Services Committee September 28, 2009) 3. Motion to approve New Ownership Application: A.N. 09-103: A request by Hitesh Patel for a retail package beer & wine license to be used in connection with Siddhi & Misha, LLC DBA Super Mini Mart located at 1812 Lumpkin Rd. District 6. Super District 10. (Approved by Public Services Committee September 28, 2009) 4. Motion to approve a New Application: A.N. 09-104: request by Alan Peake for an on premise consumption Liquor, Beer & Wine license to be used in connection with C & P Restaurant DBA Cheddar’s Casual Café located at 3609 Walton Way Extension. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee September 28, 2009) 5. Motion to approve Amendment #1 to Wellness contract and Amendment #2 to Cooperative Agreement with CSRA RDC for senior services. (Approved by Public Services Committee September 28, 2009) 6. Motion to approve a request from the Catholic Church of the Most Holly Trinity for th permission to hand banners celebrating its Bicentennial on the street light poles along 8 and Telfair Street during 1010. (Approved by Public Services Committee September 28, 2009) 7. Motion to approve the award of contract for the scrap tire clean-up on property at 2950 Mike Padgett Highway to the low bidder Recovered Materials, Inc. of Alma, Georgia, for the estimated amount of $43,575.00 – but not to exceed $75,000. (Approved by Public Services Committee September 28, 2009) 8. Motion to approve an Ordinance to amend the Augusta, Ga. Code Title One to add Section 1-9-6 relating to the issuance of a special use permit for businesses adjacent to the Savannah River Esplanade (River Walk) to allow limited access by motorized cart for delivery and retrieval or materials relating to that business; to repeal all code sections and ordinances and parts of code sections and ordinance in conflict herewith; to provide an effective date and for other purposes. (Approved by Public Services Committee September 28, 2009) 7 ADMINISTRATIVE SERVICES 9. Motion to authorize the Mayor to execute a letter regarding the City’s participation in the 1010 Census New Construction Program. (Approved by Administrative Services Committee September 28, 2009) 10. Motion to approve the filing of three (3) environmentally related grants/services: Brownfield Community-Wide Assessment Grant for hazardous Substances and Petroleum, EPA Clean Up Grant and the Targeted Brownfield Assessment Program through the Environmental Protection Agency. (Approved by Administrative Services Committee September 28, 2009) 11. Motion to deny a request from All Star Fleet for a waiver in reference to the “Non- Compliance” status they received at the bid opening for RFP 09-123 Fleet Maintenance Service for the Fleet Maintenance Department on August 14, 2009. (Approved by Administrative Services Committee September 28, 2009) PUBLIC SAFETY 12. Motion to approve Updated Local Emergency Operation Plan for the City of Augusta. (Approved by Public Safety Committee September 28, 2009) 13. Motion to approve Purchase of Services Grant for Juvenile Offenders. (Approved by Public Safety Committee September 28, 2009) FINANCE 14. Motion to approve the use of an internet auction service, GovDeals.com, for the purpose of disposing of government surplus items. (Approved by Finance Committee September 28, 2009) 15. Motion to approve a Resolution of the Development Authority of Richmond County requesting the Consolidated Government of Augusta-Richmond County to allocate the County’s recovery zone facility bond limitation to the Authority and International Paper Company for the benefit of International Paper Company and to designate an area within the county as a recovery zone. (Approved by Finance Committee September 28, 2009) 17. Motion to accept the recommendation of the Chief Tax Appraiser relative to request from Ms. Joyce Watkins-Epps for a refund of overpayments on taxes for property located at 2805 Brentway Drive. (Approved by Finance Committee September 28, 2009) 18. Motion to approve the recommendation of the Downtown Development Authority regarding the lighting of 80 banners funded from the Capital Improvement Account in the amount of $16,439.00. (Approved by Finance Committee September 28, 2009) 19. Motion to approve Resolution authorizing the settlement of a property damage, continuing trespass, and continuing nuisance claim filed by Lucy Mastej in the Superior Court of Richmond County, Georgia for the aggregate amount of $27,000.00 and authorizing the County Administrator to disburse to Lucy Mastej the amount of $27,000.00. (Approved by Finance Committee September 28, 2009) 20. Motion to update authorized staff as signatories for bank account. (Approved by Finance Committee September 28, 2009) ENGINEERING SERVICES 21. Motion to approve contract with Modern Roofing, low bidder, in the amount of $14,350.00 to replace the roof on the Maintenance Division’s administrative building 8 located at 2316 Tobacco Road. (Approved by Engineering Services Committee September 28, 2009) 22. Motion to approve an Ordinance to adopt the Flood Insurance Study and the associated Flood Insurance Rate Maps for Augusta Richmond County. (Approved by the Commission September 15, 2009 – second reading) 23. Motion to authorize Augusta Utilities Department to submit an application to the Georgia Environmental Facilities Authority (GEFA) for the Butler Creek Interceptor Upgrade-Phase I Project under the American Recovery and Reinvestment Act of 2009 (ARRA) appropriated by Congress. (Approved by Engineering Services Committee September 28, 2009) 24. Motion to authorize Augusta Utilities Department to submit an application to the Georgia Environmental Facilities Authority (GEFA) for the Butler Creek Interceptor Upgrade-Phase II Project under the American Recovery and Reinvestment Act of 2009 (ARRA) appropriated by Congress. (Approved by Engineering Services Committee September 28, 2009) 25. Motion to award construction contract to RW Allen, LLC in the amount of $721,287.00. This award will include renovations to the AGL building, asphalt resurfacing of the parking lot, installation of the SCADA system, and installation of IT components. (Approved by Engineering Services Committee September 28, 2009) 26. Motion to award contract for new construction of sanitary sewer services and sewer mains to Eagle Utility Contracting, Inc. in the amount of $1,567,880.50. (Approved by Engineering Services Committee September 28, 2009) 27. Motion to award contract for new construction of sanitary sewer mains to John D. Stephens, Inc. in the amount of $8,104,210.46. (Approved by Engineering Services Committee September 28, 2009) 28. Motion to approve contract for consultant services related to the Department of Energy’s Energy Efficiency and Conservation Block Grant. (Approved by Engineering Services Committee September 28, 2009) 29. Motion to approve CSX-623629 Facility Encroachment Agreement. (Approved by Engineering Services Committee September 28, 2009) 30. Motion to approve the Deed of Dedication and Road Resolution submitted by the Augusta Engineering Department by the Augusta Engineering Department for Fedex Drive. (Approved by Engineering Services Committee September 28, 2009) 31. Motion to approve the execution of two (2) Relocation Agreements from Georgia Power and approve their request for payment of $271,874 to relocate their distribution facilities th on the St. Sebastian Way/Greene Street/15 Street project. CPB #324-041110-202824003 as requested by the Engineering Department. Funding is available in the project utility account. (Approved by Engineering Services Committee September 28, 2009) 32. Motion to approve the deeds of dedication and road resolutions submitted by the Engineering and Augusta Utilities Departments for Walden Place Subdivision. (Approved by Engineering Services Committee September 28, 2009) PETITIONS AND COMMUNICATIONS 33. Motion to approve the minutes of the regular meeting of the Commission held on September 15, 2009 and Special Called meeting held September 28, 2009) 9 Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Hatney: Madam Clerk, I abstain on alcohol. The Clerk: Yes, sir. Mr. Hatney abstains. Motion carries 9-1. [Items 3 and 4] Motion carries 10-0. [Items 1, 2, 5-15, 17-33] Mr. Mayor: Madam Clerk, the one agenda item we have. The Clerk: FINANCE 16. Motion to deny a request from Dr. Leonard Wilensky for an abatement of 2009 taxes for property located at 1456 Walton Way. (Approved by Finance Committee September 28, 2009) Mr. Mayor: Commissioner Smith, I believe this was your pull. Mr. Smith: Thank you, Mr. Mayor. Dr. Wilensky is in presence today and he requests that he address the Commission. And he’s here and with your permission --- Mr. Mayor: Okay. Mr. Smith: --- we’ll bring him to the mike. Mr. Mayor: Okay, Dr. Wilensky, if you’d like to come forward. Dr. Wilensky: (inaudible) Mr. Mayor: Yes, sir, and if you could state your name and address for the record, please sir, and keep it to five minutes. Dr. Wilensky: Leonard Wilensky, my property is at 1456 Walton Way. I’m not trying to establish a precedent but this is an individual situation that I think is unique and it doesn’t pertain to a lot of people. Right now the construction going on in the 1400 block of Walton Way is to bring a road all the way to Walton Way and to the University Hospital. This particular project is a big project and it’s going to take at least six months to finish. My property is at this time empty. I practiced optometry there for fifty years and then I leased it out for a five-year period and the tenants decided not to resign the lease, which was due on July the first. Due to the fact that they knew the property was going to be blocked off and no business is going to come there or anywhere they know it’s going to be blocked off because it’s going to be a suicidal situation. So I have asked the tax assessors and whoever in that department to make me some type of a 10 consideration on my taxes and I would consider 50% being too much for a $5,000 dollar yearly property tax. But anyway it’s impossible to see the signs we have for rent and I particular am dependent on that money for living expenses. I have my Social Security to fall back on thank God but anyway to me it’s justifiable to consider this and I would appreciate any favorable decisions that can be done to this because it is an individual problem and it’s my problem. And I am a citizen and I would, I do appreciate the opportunity to present this to you. Thank you. Mr. Mayor: Thank you, sir. Do we have any questions? Is Mr. Hicks here so he could? Mr. Brigham: Mr. Mayor, Mr. Russell made the recommendation --- Mr. Mayor: Commissioner Brigham. Mr. Russell: Yes, sir, if I may. I had spoken, I had not had the privilege to look at the property myself but in committee I had spoken to Mr. Hicks who had actually gone out and viewed the property. It was his opinion that the blockage there was not sufficient to actually take the property out of service. That it would be able to move into, you would be able to get into the property based on the way the road was set up at that particular point in time. And based on that it was my recommendation that we do not start the precedent of allowing this and trying to do that we deny the recommendation. Mr. Mayor: Okay, do we have any further comments? Can we get a, yes, sir. Dr. Wilensky: --- drive to my property and I was able to get to Osler Lane but I couldn’t get out of there and no person, no traffic pattern has established that’s going to go by my office where anybody’s going to see those signs. And that’s why I’m making this appeal and standing so staunchly for it because of the fact that people just can’t get in there and look and see those signs. Nobody’s coming just to look at my sign and it’s just the general traffic flow is such that nobody really and truly, maybe one-percent can get through there if they wanted to. But that’s all there is to it. And there’s just no possibility for them to see my sign. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor, a question to the Administrator. Fred, in Mr. Hicks’ last paragraph he indicates that the correspondence from Dr. Wilensky does not specify the amount of relief sought in that only 2009 taxes for the circuit portion is due. That the owner is seeking a credit of taxes due pursuant to a state regulation. And I’m wondering if Mr. Hicks made his recommendation based on the statement that he’s making here since Dr. Wilensky did not request a certain amount but under that request it’s easy to take that he would like to have full relief. And I’m hearing him today saying that he would expect or would suggest up to a 50% relief. And I’m wondering Fred if that was taken into consideration when you and Mr. Hicks made this recommendation to deny based on the construction. Having dealings with DOT I do know that is quite a bottleneck and it is something that we need to consider under the If that was not the case I’d like to refer this back to Mr. Hicks our tax circumstances. appraiser and to our Administrator for further review. That’s in the form of a motion. 11 Mr. Hatney: Second. Mr. Mayor: Mr. Russell, did you want to? Mr. Russell: It was my understanding that Mr. Hicks went out and looked at the property himself and made that recommendation based on his view of the property. Since I have not had the opportunity to do that I would, if you want to refer it back I’d be more than happy to go out and will jointly make a recommendation. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: Mr. Mayor, and I agree. I think that’s a good idea. Also since it’s a DOT project I don’t see why we don’t confront DOT and the harm that he’s caused Dr. Wilensky to see if they have some funds available for this project to alleviate those business owners that they’ve caused the harm to. Mr. Mayor: Okay, good point. Commissioner Brigham. Mr. Brigham: Mr. Mayor, I think this is a bad precedent setting move. I don’t think we ought to be giving rebates on taxes even before we bill them. If we’re talking about 2009 taxes we don’t bill them until 2010 and I don’t think, everything is up to date. I don’t think anything has changed in value on that property since the first of the year. Now he an access problem, he has remedies through DOT but I don’t think we need to be making a bad precedent of looking at giving tax credits before we even bill the taxes. Mr. Mayor: Okay. Okay, if there’s no further discussion we have a motion and a second. Commissioners will now vote by the usual sign. Madam Clerk, if you could just reread the motion, please. The Clerk: The motion was to refer back to Finance Committee and to allow the Tax Assessor and the Administrator to make a collaborative effort on a recommendation and to refer the matter to DOT as well. Mr. Mason, Mr. Holland, Mr. Brigham and Ms. Beard vote No. Motion carries 6-4. Mr. Mayor: Okay, I believe that disposes of the last agenda item. Madam Attorney, I believe we have the need for a legal meeting. Ms. Johnson: The items that will be discussed in legal today are personnel, real estate and there is a settlement that needs to be discussed. Mr. Mayor: Can I get a, Commissioner Smith. Mr. Smith: Mr. Mayor, would you speak to Dr. Wilensky after we adjourn this and explain to him exactly what we’re doing? 12 Mr. Mayor: Okay, or maybe I can get Fred to do that. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 36. Motion to approve going into a Legal Meeting. Mr. Mayor: Okay can I get a motion to go into Legal session for --- Mr. Johnson: So moved. Mr. Smith: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Jackson votes No. Motion carries 9-1. [LEGAL MEETING] Mr. Mayor: Okay, I’ll go ahead and call the meeting back to order. 38. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Johnson: So moved. Mr. Smith: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Bowles and Mr. Hatney out. Motion carries 8-0. Mr. Mayor: Madam Attorney. Ms. Johnson: I have a motion, or we’ll need from the Commission a motion to add and approve the following resolution. ADDENDUM 13 35. Motion to add and approve a Resolution to authorize the purchase of property located at the intersection of Council Drive and Donald Road in the amount of $12,411.50 with funding for the purchase to come from the operating budget of the Fire Department. Ms. Johnson: Whereas, the Augusta Commission here in after City or Augusta has determined that it is in the best interest of Augusta to acquire sufficient land to widen Donald Road also known as Donald Drive at the intersection of Council Drive to increase the turn radius at the intersection thereby improving access by fire safety equipment to residences located on Council Drive. And whereas the owner of the property located on the north side of Donald Drive at the intersection of Council Drive has indicated a willingness to sell a tract of land containing 716.40 square feet to Augusta which tract of land is sufficiently large enough to increase the width of the right-of-way of Donald Road thereby improving access to Council Drive from Donald Road by fire safety equipment. And whereas an order for the property to be usable for traffic an existing concrete pad, fencing and two trees must be removed. And whereas the property owner has indicated he intends to remove such items and replace the fence along the right-of-way of Donald Road and Augusta is agreeable to the property owner doing so and whereas the cost of the tract of land is $12,411.50. Whereas it is necessary and appropriate for a Resolution be adopted authorizing the purchase of the tract of land shown as Parcel A on the attached plat and to further authorize the execution of the necessary closing documents by the Mayor and Clerk of Commission. Now therefore it be hereby resolved as follows: 1. Augusta shall purchase the tract of land known as Parcel A on the attacked plat for a purchase price of $12,411.50 with the property owner making provisions for removal of an existing concrete pad, fencing and trees to replace the fence along the right-of-way of Donald Road, aka, Donald Drive with the funds for such purchase to come from the operating budget of the Fire Department. 2. It is further resolved that the Mayor and Clerk of Commission of Augusta, Georgia are hereby authorized to execute such documentation as may reasonably be required in form approved by counsel for Augusta to acquire such tract of land. 3. This Resolution shall be recorded in the minutes of the Augusta Richmond County Commission accompanied by the exhibits referred to th herein. Duly adopted by the Augusta Richmond County Commission this 6 Day of October 2009. Mr. Grantham: So moved. Mr. Holland: Second. Mr. Mayor: We have a motion and a second to approve the Resolution. If there’s no --- The Clerk: To add and approve. The Mayor: --- to add and approve the Resolution. If there is no further conversation Commissioners will now vote by the usual sign. Mr. Bowles and Mr. Hatney out. Motion carries 8-0. Mr. Mayor: Mr. Russell. 14 ADDENDUM 34. Motion to add and approve authorizing the Attorney to develop the proper paperwork to convey the Chamber of Commerce Building from the Chamber to the City of Augusta for a sales price of $150,000 and to authorize the Mayor and Clerk of Commission to execute the necessary documents to convey the property. Mr. Russell: Yes, sir, Mr. Mayor. If you could it would be appropriate to add and approve and agenda item which would authorize the Attorney to develop the proper paper work to convey the building known as the Chamber of Commerce Building from the Chamber to the City of Augusta for a sales price of $150,000 and to authorize the Mayor and Clerk of Court to sign such documents to convey that property. The Clerk: Commission. Mr. Russell: Commission, I’m sorry. Mr. Mayor: Can I get a motion to that effect? Mr. Grantham: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Bowles and Mr. Hatney out. Motion carries 8-0. ADDENDUM 37. Motion to add and approve to sell PCS Nitrogen Fertilizer Limited a strip of land located between the Levee and the property they own at a sales price of $1,750 per acre and to direct the Attorney to prepare the necessary paperwork and authorize the Mayor and Clerk of Commission to execute those documents. Mr. Russell: And it would also be appropriate to add and approve a motion to sell PCS Nitrogen Fertilizer Limited a strip of land as described in the attached plats between the Levee and the property that they own at a sales price of $1,750 per acre and to direct the Attorney to draw up the proper paperwork and authorize the Mayor and the Clerk of Commission to authorize and sign those documents. Mr. Mayor: Can I get a motion to that effect? Mr. Smith: So moved. Mr. Jackson: Second. 15 Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Bowles and Mr. Hatney out. Motion carries 8-0. Mr. Russell: Thank you, Mr. Mayor. Mr. Mayor: With no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on October 6, 2009. ______________________________ Clerk of Commission 16