HomeMy WebLinkAboutCommission Meeting - April 20, 2010
REGULAR MEETING COMMISSION CHAMBER
APRIL 20, 2010
Augusta Richmond County Commission convened at 5:00 p.m., April 20, 2010, the Hon.
Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Lockett, Smith, Mason, Grantham, Hatney, Aitken, Johnson, Jackson,
Bowles and Brigham, members of Augusta Richmond County Commission.
The invocation was given by the Reverend Michael McCoy, Pastor New Covenant
Church Gospel of Deliverance.
The Pledge of Allegiance to the Flag of the United States of America was recited.
(The invocation was given by the Reverend (Commissioner) J.R. Hatney)
Mr. Mayor: I’m going to do one for you that says Pastor Emeritus.
The Clerk: An eternal I.O.U.
The Mayor: You know you’ve got the I.O.U. already paid off. Madam Clerk, on to the
recognitions, please.
The Clerk: Yes, sir.
The Clerk:
RECOGNITION(S)
Employee of the Month Award
A. Mr. Daniel D’Aversa, Richmond County Sheriff’s Department, March Employee of the
Month.
The Clerk: At this time we would like to honor our March Employee of the Month, Mr.
Daniel D’Aversa with the Richmond County Sheriff’s Department. Would you please join the
Mayor along with our Public Safety Chairman, Mr. Jackson, along with any other members of
the Sheriff’s Department who would like to participate in the presentation? Let me read all this
good stuff they said about you.
The Clerk: Dear Mayor Copenhaver. The Employee Recognition Committee Chairman
has selected Daniel D’Aversa as the March 2010 Employee of the Month for the City of
Augusta. Daniel D’Aversa is an employee of the Deputy for the Richmond County Sheriff’s
Department. He has been employed with the city for over three years. Mr. D’Aversa was
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nominated by SGT. Derek Harris with the Sheriff’s Department. On Saturday February 27,
2010 Mr. D’Aversa responded to a call at #32 Curry Street where it was discovered that the
homeowner was in cardiac arrest. He assisted with starting with CPR and requested medical
assistance for the homeowner. Once medical assistance arrived the gentleman had to be
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defibrillated twice to restart his heart. Due to the quick response of Mr. D’Aversa, the
homeowner, Mr. James Woods, was revived and transported to MCG trauma and given an extra
chance at life. The Committee Chairman felt that based on this nomination and Daniel
D’Aversa’s dedicated and loyal service to the City of Augusta we would appreciate you in
joining us in awarding him the March 2010 Employee of the Month. Congratulations.
(APPLAUSE).
Mr. Mayor: And I just wanted to say before I read this letter. Men in women in law
enforcement put your lives on the line everyday you’re out there in harms way. And I want to
say thank you. I don’t think we can do enough to thank you but just another example. You’re
out there saving lives. Thank you so much. Dear Mr. D’Aversa. On behalf of the City of
Augusta it is with great pleasure that I congratulate you for being recognized at the Employee of
the Month for March 2010. Your contribution to your organization, Augusta Richmond County
Government and the citizens of Augusta has earned you this recognition. I appreciate your
willingness to go above and beyond the call of duty and your outstanding work ethic. You are
truly an asset to the Augusta Richmond County Sheriff’s Department and the citizens of
Augusta, Georgia. Please accept my personal congratulations on this wonderful award. You are
truly deserving of this recognition. Sincerely yours, Deke Copenhaver, Mayor. (APPLAUSE)
Mr. D’Aversa: Thank you, sir.
Mr. Mayor: That would be what I call a humble servant. Thank y’all so much.
The Clerk: Deputy D’Aversa?
Mr. D’Aversa: Yes, ma’am.
The Clerk: We have one more small token of appreciation. It’s your gift card.
Mr. D’Aversa: I’d be mad if I forgot that. (APPLAUSE)
The Clerk: Are you ready, Mr. Mayor?
Mr. Mayor: Madam Clerk, take it away.
RECOGNITION(S)
B. Congratulations, the Richmond County website has won a Sunny Award! The Sunny
Award is presented by the Editors of Sunshine Review to honor the most transparent
government websites in America. This year only one percent of the 5,000 government
websites ranked by Sunshine Review earned a Sunny Award.
The Clerk: Item B, I guess we’re congratulating ourselves in a way. But we wanted to
share this with the public this outstanding award that Richmond County has received. And I’d
like to share with you the comments from the Sunshine Review Committee. Dear County
Commissioners. Congratulations. The Richmond County Website has won a Sunny Award.
The Sunny Award is presented by the editors of the Sunshine Review to honor to most
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transparent government website in America. Your website scored an A-minus Transparency
Grade on Sunshine Review’s Transparency checklist. This year only one percent of the 5,000
government websites ranked by Sunshine Review earned a Sunny Award. We hope the
Richmond County Website continues to serve as an example of transparency in the future.
Again congratulations on your award. (APPLAUSE) I know you want to say something.
Mr. Mayor: And I just want to say once again to highlight you know one of many of our
great departments with the city. But our Information Technology Department is amazing. They
worked on that website tirelessly. So I’d like to give them a round of applause as well.
(APPLAUSE) Mr. Russell.
Mr. Russell: Mr. Mayor if I may. While the IT Department is obviously taking the lead
in this we need to remember that each of the other departments have an input into that particular
website and provide the information to them. And if we didn’t mention them we’d be somewhat
remiss at the moment.
Mr. Mayor: I agree completely. It’s definitely a team effort. All righty, Madam Clerk,
on to the consent agenda.
The Clerk: Yes, sir. Our consent agenda consists of items 1-42, items 1-42. For the
benefit of any objectors to our Planning Petition items once those petitions are read if there are
any objectors would you please signify your objection by raising your hand once the petition is
read.
Item 2: Is a petition for a change of zoning from a Light Industry to a Zone B-2 (General
Business) affecting property at 1612-1620 Broad Street.
Item 3: Is for a change of zoning with conditions a Zone R-1A (One-family Residential) to Zone
P-1 (Professional) affecting property known as 2104 Cadden Road.
Item 4: Is a request for a change of zoning from a Zone R-1C (One-family Residential) to a
Zone R-2 (Two-family Residential) affecting property 1120, 24, 28, 1134 ½, 36 ½, 1144
Florence Street and 1105 Cedar Street.
Item 7: Is for a Special Exception to establish a sales office located at 4801 Apple Court.
Item 8: Is for a change of zoning with conditions to place on a B-1 (Neighborhood Business)
zone affecting property at 3105 Louisville Road.
Item 9: Is for a change of zoning from a Zone R-1A (One-family residential) to a zone R-1B
(One-family Residential) affecting property on Planetree Drive and Grandwood Drive.
Item 10: Is for a change of zoning from a Zone R-1A (One-family Residential) and Zone B-2
(General Business) to one B-2 (General Business) affecting property at 2549 Deans Bridge Road.
Item 11: Is requesting a change of zoning from a R-1A (One-family Residential) to a Zone B-1
(Neighborhood Business and Zone B-2 (General Business) to Zone B-2 affecting property
known as 2452 Wheeless Road.
The Clerk: Are there any objectors to any of the planning petitions read?
Mr. Russell: None noted in the chamber, Madam Clerk, and Mr. Patty is checking
outside. There’s none outside either, Madam Clerk.
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The Clerk: Okay. Mr. Mayor I’ll call the petition while Mr. Patty. Are there any
objectors, Mr. Patty?
Mr. Patty: No objectors (inaudible).
The Clerk: Item 6: Is a Special Exception for property at 3570 Wheeler Road.
The Clerk: Are there any objectors to that planning petition for a Special Exception?
Mr. Russell: None noted, Madam Clerk.
The Clerk: We will now move to the Public Services portion of our agenda for our
alcohol petitions. If there are any objectors to any of these alcohol petitions, would you please
signify your objection by when the petitions are read?
Item 14: For a retail package Beer license to be in connection with property at 3706 Old
Waynesboro Rd.
Item 15: If for a transfer of a Liquor, Beer & Wine license from a location at 1117 Laney
Walker Blvd. to 1721 Gordon Hwy.
Item 16: Is for an on premise consumption Liquor, Beer, Wine and Retail Wine license to be
used in connection with Southeastern Food Services & Event Consulting located at 1282 Broad
St.
Item 17: Is for an on premise consumption Liquor, Beer & Wine license to be used in
connection with property at 917 Broad Street DBA, The Bar on Broad at 917 Broad Street.
Item 18: Is for an on premise consumption Liquor & Beer license to be used in connection with
2925 Peach Orchard Rd.
Item 19: Is for a transfer of a Liquor, Beer & Wine license used in connection with the Allie Katz
Bar & Grill located at 202 Hudson Trace to 3112 Washington Rd.
Item 20: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection
at 203 Robert C. Daniel Parkway.
The Clerk: Are there any objections to those alcohol petitions?
Mr. Russell: None noted, Madam Clerk.
The Clerk: No objectors, Mr. Mayor, to our planning petitions or alcohol petitions. Our
consent agenda consists of items 1-42.
Mr. Mayor: Okay, do we have any additions to the consent agenda? Okay, do we have
any items to be pulled for discussion? Commissioner Lockett.
Mr. Lockett: Mr. Chairman I’d like to pull agenda item number nine, please.
Mr. Mayor: Commissioner Brigham.
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Mr. Brigham: I’d like to pull item number thirty-nine.
Mr. Mayor: Any further items to be pulled for discussion? Hearing none can I get a
motion to approve the consent agenda?
Mr. Lockett: So moved.
Mr. Mason: Second.
CONSENT AGENDA
PLANNING
1. FINAL PLAT – MANCHESTER, SECTION 5–S-800-V – A request for concurrence
with the Augusta Richmond County Planning Commission to approve a petition by
Southern Partners Inc., on behalf of Coel Development Co., requesting final plat approval
for Manchester, Section 5. This residential subdivision is located on Dave MacDonald Drive
at Glenn Roberts Drive and contains 12 lots.
2. Z-10-17 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Cranston Engineering Group, on behalf of Augusta
Capital LLC, requesting a change of zoning from Zone LI (Light Industry) to Zone B-2
(General Business) affecting property containing six tax parcels that total .72 acres and are
known as 1590-1592, 1596-1598, 1602-1604, 1606-1608, 1612-1614 and 1618-1620 Broad
Street. (Tax Map 036-1-103-00-0, 036-1-104-00—0, 036-1-105-00-0, 036-1-106-00-0, 036-1-
107-00-0 and 036-1-108-00-0) DISTRICT 1
3. Z-10-21 – A request fro concurrence with the Augusta Richmond County Planning
Commission to approve with the following conditions 1) that this professional conversion
conform to the side yard buffer provisions of the Augusta Tree Ordinance on the west side
property line that adjoins single family residential zoning; 2) these improvements must be
made before a Certificate of Occupancy is issued; a petition by Sylvester Abrams
requesting a change of zoning from Zone R-1A (One-family Residential) to Zone P-1
(Professional) affecting property containing approximately .25 acres and is known as 2104
Cadden Road. (Tax Map 122-1-032-00-0) DISTRICT 6
4. Z-10-23 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Augusta Housing & Community Development, on
behalf of Augusta Georgia Land Bank Authority, requesting a change of zoning from Zone
R-1C (One-family Residential) affecting property containing 6 current tax parcels totaling
.51 acres and is known presently as 1120, 1124, 1128, 1134 ½, 1136 ½, 1144 Florence Street
and 1105 Cedar Street. (Tax Map 059-2-174-00-0, 059-2-173-00-0. 059-2-180-00-0, 059-2-
172-00-0, 059-2-171-00-0, 059-2-170-00-0, 059-2-169-00-0 and 059-1-068-00-0) DISTRICT 1
5. ZA-R-195 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition to amend the Comprehensive Zoning Ordinance of
Augusta Richmond County by amending Section 24-1 (Heavy Industry Zone) Permitted
Uses.
6. Z-10-14 – A request fro concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Ben McElreath, on behalf of The Family Y,
requesting a Special Exception to bring an existing recreational facility into zoning
conformance per Section 26-1 (i) of the Comprehensive Zoning Ordinance for Augusta-
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Richmond County affecting property containing 6.71 acres and is the Family Y walking
track and soccer fields located at 3570 Wheeler Road. (Tax Map 031-0-013-00-0)
DISTRICT 3
7. Z-10-15 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Charles Allen, on behalf of J R Homes of Alabama
LLC, requesting a Special Exception to establish a sales office in a model home in
Elderberry Subdivision per Section 8-2 (f) of the Comprehensive Zoning Ordinance for
Augusta-Richmond County affecting property containing .49 acres and known as 4801
Apple Court. (066-4-086-00-0) DISTRICT 3
8. Z-10-19 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve with the following condition 1) that the use of this property be
limited to a child care center or those uses allowed in an R-1B (Neighborhood Business)
rezoning (Z-95-5) affecting property containing 1.05 acres and is known as 3105 Louisville
Road. (Tax Map 110-4-157-00-0) DISTRICT 6
10. Z-10-22 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Dennis Trotter, on behalf of BHH Augusta,
requesting a change of zoning from Zone R-1A (One-family Residential) and Zone B-2
(General Business) to Zone B-2 (General Business) affecting property containing
approximately 1.59 acres and is known as 2549 Deans Bridge Road. (Tax Map 071-3-201-
00-0) DISTRICT 5
11. Z-10-24 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Jim Adkins, on behalf of Regional Services Ltd., Jim
and Linda Adkins, requesting a change of zoning from Zone R-1A (One-family
Residential), Zone B-1 (Neighborhood Business) and Zone B-2 (General Business) to Zone
B-2 consisting of two Tracts described as follows: Tract A contains 1.28 acres and is known
as 2451 and 2455 Wheeless Road. (Tax Map 097-1-049-00-0 AND 085-3-088-00-0) district 5
Tract B contains approximately 1.3 acres and is known as 2452 Wheeless Road. (Part of
Tax Map 085-3-236-00-0) DISTRICT 5
12. ZA-R-196 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition to amend the Comprehensive Zoning Ordinance of
Augusta Richmond County by amending Section 24-2-a (Heavy Industry Zone) Uses
Permitted by Special Exception.
PUBLIC SERVICES
13. Motion to approve and accept two Tourism Grants from Augusta Convention and
Visitors Bureau and approve related budget amendments accordingly. (Approved by
Public Services Committee April 2, 2010)
14. Motion to approve New Ownership Application: A.N. 10-21: request by Yeng Sohn for
a retail package Beer license to be used in connection with Johnson Corner Grocery located
at 3706 Old Waynesboro Rd. District 8. Super District 10. (Approved by Public Services
Committee April 12, 2010)
15. Motion to approve the Transfer Application: A.T. 10-23: request by Richard Kellogg to
transfer the Liquor, Beer & Wine license used in connection with Ma Fannie’s Kitchen
located at 1117 Laney Walker Blvd. to 1721 Gordon Hwy. There will be Sunday Sales.
There will be Dance. District 5. Super District 9. (Approved by Public Services Committee
April 12, 2010)
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16. Motion to approve New Application: A.N. 10-24: request by Krista S. Wight for an on
premise consumption Liquor, Beer, Wine and Retail Wine license to be used in connection
with Southeastern Food Services & Event Consulting, LLC located at 1282 Broad St.
District 1. Super District 9. (Approved by Public Services Committee April 12, 2010)
17. Motion to approve New Application: A.N. 10-25: A request by J. Russell Fiveash for an
on premise consumption Liquor, Beer & Wine license to be used in connection with 917
Broad Street, LLC DBA The Bar On Broad located at 917 Broad St. District 1. Super
District 9. (Approved by Public Services Committee April 12, 2010)
18. Motion to approve New Ownership: A.N. 10-26: request by Daniel Magana for an on
premise consumption Liquor & Beer license to be used in connection with El Fiesco, LLC
located at 2925 Peach Orchard Rd. There will be Dance. District 6. Super District 10.
(Approved by Public Services Committee April 12, 2010)
19. Motion to approve Transfer Application: A.N. 10-19: A request by Bryan Birmingham
to transfer the Liquor, Beer & Wine license used in connection with Brytoni, LLC DBA
Allie Katz Bar & Grill located at 202 Hudson Trace to 3112 Washington Rd. Suite C & D.
District 7. Super District 10. (Approved by Public Services Committee April 12, 2010)
20. Motion to approve New Application: A.N. 10-20: request by Chris Sullivan for an on
premise consumption Liquor, Beer & Wine license to be used in connection with CAHOC
4, LLC located at 203 Robert C. Daniel Parkway. There will be Sunday Sales. District 3.
Super District 10. (Approved by Public Services Committee April 12, 2010)
21. Motion to approve bid award purchase of computers for Library from CompUSA and
Hewlett-Packard selecting the lower price in each category. (Approved by Public Services
Committee April 12, 2010)
ADMINISTRATIVE SERVICES
22. Motion to approve an ordinance to amend the Risk Management and Safety Provisions
of Part 6, Paragraph 6C, Subparagraph Age and Employment Status Restrictions,
Subparagraph 2, Page 36 of the Augusta-Richmond Employee Handbook, which is part of
the Augusta, Ga. Code, to repeal all ordinances in conflict herewith, to provide an effective
date and for other purposes. (Approved by Administrative Services Committee April 12,
2010)
23. Motion to review and support of the UWH Redevelopment Plan to be developed and
built by Walton Communities, LLC in association with the Augusta Housing Authority.
This will be a 30-acre mixed-use community. (Approved by Administrative Services
Committee April 12, 2010)
FINANCE
24. Motion to approve budget adjustment to pay approved settlement out of general fund
contingency fund instead of Law Department budget. (Approved by Finance Committee
April 12, 2010)
25. Motion to deny a request from Mr. Sandy M. Oliphant, Sr. regarding a refund of taxes
for the 2006 tax year for Parcel 086-2-023-00-0. (Approved by Finance Committee April 12,
2010)
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ENGINEERING SERVICES
26. Motion to approve Change Order #1 to the existing construction contract in the amount
of $147,964.00 to Blair Construction for the additional work to complete the Water Line
Replacements for Fort Gordon Recreation Area. (Approved by Engineering Services
Committee April 12, 2010)
27. Motion to approve change order #2 to the existing design contract in the amount of
$71,985.45 to ZEL Engineers for additional work to complete the full Supplemental
Environmental Assessment at Fort Gordon. (Approved by Engineering Services Committee
April 12, 2010)
28. Motion to approve Change Order No. 21 in the amount of $90,794.00 to the
Construction Contract for the Webster Detention Center (WDC) Expansion. This Change
Order also includes a contract time extension of 62 days for increase in scope of work with
no extended overhead charges. The revised contract amount is $33,814,805.03. (Approved
by Engineering Services Committee April 12, 2010)
29. Motion to approve Change Order #15 on the Augusta Judicial Center and John H.
Ruffin Courthouse in the amount of $66,588.00 for unforeseen undercut work on sub-
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surface conditions on the west side of the Augusta Judicial Center site along 10 Street
between Talcot & Fenwick Streets. (Approved by Engineering Services Committee April
12, 2010)
30. Motion to award an emergency contract to Atlantic Coast Consulting for the repair and
upgrade to the gas collection and control system. (Approved by Engineering Services
Committee April 12, 2010)
31. Motion to award an emergency contract to Dabbs-Williams General Contractors for
the construction/construction management of the gas collection and control system.
(Approved by Engineering Services Committee April 12, 2010)
32. Motion to approve the deed of dedication, maintenance agreement, and road
resolutions submitted by the Engineering Department for Elderberry, Section III.
(Approved by Engineering Services Committee April 12, 2010)
33. Motion to approve granting Georgia Power an easement for their underground utilities
to provide electrical services to the new Judicial Center and have the agreement executed
by the appropriate City of Augusta official(s). (Approved by Engineering Services
Committee April 12, 2010)
34. Motion to authorize execution of Change Order #1 in an amount not to exceed
$127,000.00 to Hagler Systems for additional work on the Goodrich Street Raw Water
Pumping Station contract. (Approved by Engineering Services Committee April 12, 2010)
35. Motion to approve Georgia Power Company Governmental Encroachment Agreement
31201 and Municipal Electric Authority of Georgia Governmental Encroachment
Agreement 31202. (Approved by Engineering Services Committee April 12, 2010)
36. Motion to authorize condemnation to acquire 7,531 sq. ft. of permanent easement and
3,796 square feet of temporary easement of 4112 Deans Bridge Road – PIN: 150-0-001-07-
0. (Approved by Engineering Services Committee April 12, 2010)
37. Motion to approve granting Georgia Power an easement for their underground utilities
to provide electrical service to the Newman Tennis Center and have the agreement
executed by the appropriate City of Augusta official(s). (Approved by Engineering Services
Committee April 12, 2010)
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38. Motion to authorize condemnation to acquire title of a portion of the properties for
permanent and temporary easements for the 10156 Gordon Highway 16 Inch Water Main
Project, PIN: 080-0-001-12-0 & 090-0-001-13-0. (Approved by Engineering Services
Committee April 12, 2010)
40. Motion to approve a resolution creating street lighting districts. (Approved by
Engineering Services Committee April 12, 2010)
41. Motion to authorize the Engineering Department to approve CPB Number Twelve and
Supplemental Agreement Eleven with PBS & J in the amount of $116,907 to finalize the
design of the Barton Chapel Road realignment; update the plans in accordance with
revised guidelines from GDOT, US Army Corps of Engineers, and EPD; database revisions
to incorporate the changes to 14 parcels that have redeveloped; and extensive coordination
with the GDOT R/W Office during the negotiations of parcels as part of the improvements
to Wrightsboro Road from Jimmie Dyess Parkway to I-520, ARC# 323-041110-296823309.
Funds will be transferred from the project Right of Way Account to the project
Engineering Account. (Approved by Engineering Services Committee April 12, 2010)
PETITIONS AND COMMUNICATIONS
42. Motion to approve the minutes of the regular meeting of the Commission held on April
1, 2010.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
The Clerk: Was that you making the motion? Who was, I didn’t ---
Mr. Grantham: Mr. Lockett.
The Clerk: Mr. Lockett, oh okay.
Mr. Hatney: Madam Clerk.
Mr. Mayor: Madam Clerk, Commissioner Hatney.
The Clerk: That motion carries unanimously ---
Mr. Hatney: I abstain on alcohol.
The Clerk: --- with Mr. Hatney abstaining on the alcohol petitions.
Mr. Hatney abstains.
Motion carries 9-1. [Items 10-14]
Motion carries 10-0. [Items 1-8, 9, 15-28, 41-42]
Mr. Mayor: Mr. Russell.
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ADDENDUM
47. Motion to approve a Grant Application requested by the Planning Commission for
acquisition of 25 flood-prone/repetitively flooded properties. The grant is in the amount of
$1,350,092.00 with a 25% match of $337,523.00 from SPLOST funding.
Mr. Russell: Mr. Mayor, we’ve got a grant application that we need to add to the agenda.
If you could get unanimous consent to that. Ms. Bonner’s passing that out and if you could give
me one Ms. Bonner I could speak to what it is here real quick. It’s a grant application to
purchase flood prone properties. We’re asking for money from the federal government to do
this. The reason we’re bringing it forth today there is a time frame. We have to get this back
and we’d like to have it on the agenda today if at all possible.
Mr. Mayor: Do we have unanimous consent to add it? Commissioner Johnson.
Mr. Johnson: So moved.
The Clerk: Okay. Well, we just need unanimous consent. No objections to add?
Mr. Mayor: No objectors. Commissioner Brigham.
Mr. Brigham: Mr. Mayor, while we’re on it I’d like to go on and make a motion to
approve this item.
The Clerk: To add and improve Mr. Brigham?
Mr. Brigham: To add and approve.
Mr. Mayor: Do we have a second?
Mr. Grantham: Second.
Mr. Mayor: Is there any further discussion? Commissioners will now vote by the usual
sign.
Motion carries 10-0.
Mr. Russell: Thank you, gentlemen.
Mr. Mayor: I never get tired of hearing you say that. Let’s go to the first pulled item,
please, ma’am.
The Clerk:
PLANNING
9. Z-10-20 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by James A. Wombles, on behalf of Dorothy D. Barton
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and Steve Duffie, requesting a change of zoning from Zone R-1A (One-family Residential)
to Zone R-1B (One-family Residential) affecting property containing approximately 9.03
acres and is Phase II of Richmond Estates Subdivision located on the east right-of-way line
of Grandwood Drive, 166 feet, more or less, south of the southeast corner of the
intersection of Planetree Drive and Grandwood Drive. (Part of Tax May 083-1-009-00-0)
DISTRICT 5
Mr. Mayor: Mr. Lockett and I believe I’m sure we’ll bring Mr. Patty forward.
Mr. Lockett: Thank you, Mr. Chairman. Mr. Patty is Mr. Wombles, is he present today?
Mr. Patty, let me ask you. This is in my district, District 5. Do you know whether or not there
are going to be additional streets added to this particular area and if there are going to be
streetlights also added?
Mr. Patty: This would be a second phase of a subdivision known as Richmond Estates
Subdivision. And the property’s currently zoned R-1A, which requires 80-foot wide lots. The
applicants subdivided the property and a few of the lots were slightly less than so they want to
subdivide it to conform to the lot pattern they’ve already created. It would not result in any more
houses. To directly answer your question yes it would involve additional streets that would be
built to county standards and dedicated to the county and I’m sure there will be streetlights as
well.
Mr. Lockett: And, Mr. Patty, I received many, many, many telephone calls from those
people that are living out there already, concerned because evidently when the construction
people have assumed that this is going to be agreed to because they’ve already started making
some changes. And people asked the question what are they doing? What impact is it going to
have on me? So I think they should learn how to communicate with those people that are living
there if they’re going to make that type change. Thank you very much.
Mr. Mayor: Thank you. Any further questions? Can I get a motion on this?
Mr. Lockett: So moved.
Mr. Mayor: Okay. So moved. Do we have a second?
Mr. Jackson: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign.
Motion carries 10-0.
Mr. Mayor: Madam Clerk, next pulled agenda item.
The Clerk:
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ENGINEERING SERVICES
39. Motion to deny the appeal of Parsons Water Infrastructure, Inc. on RFQ 10-100, verify
that an exception has not been made in the past, and continue the procurement process for
this project. (Approved by Engineering Services Committee April 12, 2010)
Mr. Mayor: Commissioner Brigham, I believe this was your pull.
Mr. Brigham: Mr. Mayor, I’m going to make a motion that we do a, add these people do
the vendors list because this is a non, this is a technical non, how do you say it, Joe? Non-
intrusive problem. I think it was other than the code being left off these would qualify these
people and I make a motion we add these people to the vendors list for this purpose.
Mr. Grantham: Second.
Mr. Mayor: Okay, we have a motion and a second.
Mr. Hatney: What is he saying? What are you really ---
The Clerk: What did he say? He said to add them to the vendors list.
Mr. Hatney: What does that mean?
Mr. Brigham: As an approved vendor so they can be, bid on this like everybody else
that’s on the approved vendor’s list. There were already four people approved.
Mr. Mayor: Okay, we do have a motion and a second.
Mr. Brigham: It’s a non-material, deletion of a code.
Mr. Mayor: Commissioner Bowles.
Mr. Bowles: This is going to be for Andrew. This is going to be your (inaudible)
question so far since you’ve been in charge. There was a court ruling a few years ago that
determined that this body determines whether or not an omission is material or not. Is that
correct?
Mr. MacKenzie: This body has the discretion and authority to determine whether or not
to waive a material condition. Yes.
Mr. Mayor: Okay, Mr. Mayor Pro Tem, when you finish, Mr. Bowles.
Mr. Bowles: Yeah, I assume so.
Mr. Mayor: Mr. Mayor Pro Tem.
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Mr. Mason: I just want to make sure that we’re clear as far as what we’re doing here.
Um, and in what position legally or liability does that put us in when we start, we start making
these changes. I think we’ve set a standard here and I think we’ve pretty much kept to that. And
so Mr. MacKenzie I’m hearing you say you know materials things we can rule on but where does
that put us legally?
Mr. MacKenzie: This particular issue I think would qualify for an item that would be
best discussed in a closed legal session. I’ve been in contact with their counsel if you’d like to
discuss it there. You can do that if you want to do it. Out on the floor is also an option as well.
Mr. Hatney: I move that we discuss it in Legal.
Mr. Mayor: Is that a substitute motion?
Mr. Hatney: Substitute motion.
Mr. Mason: Second.
Mr. Mayor: We have a substitute motion and second.
Mr. Brigham: Mr. Mayor?
Mr. Mayor: Mr. Brigham.
Mr. Brigham: Can we postpone this item until the last item on the agenda then if we’re
going to discuss it in Legal?
Mr. Mayor: That’s perfectly fine with me.
Mr. Brigham: Okay.
Mr. Mayor: Okay, we have a substitute motion and a second. If there’s no further
discussion, Commissioners will now vote by the substitute sign of voting.
Mr. Brigham and Mr. Grantham vote No.
Motion carries 8-2.
Mr. Mayor: Okay, Madam Clerk, on to the regular agenda, I believe.
The Clerk: Yes, sir.
Mr. Mayor: If my math is correct.
The Clerk:
PLANNING
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43. Z-10-10 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve with the following conditions 1) That no less than 75% of the
occupants will be veterans of the American Armed Services; 2) compliance with the
Freedom Path security plan as provided by the petitioner shall be a condition of zoning; a
petition by Hope House Inc., on behalf of the Veterans Administration, requesting a change
of zoning from Zone R-1A (One-family Residential) to Zone R-3C (Multiple-family
Residential) affecting property containing approximately 8.9 acres which is located on the
southwest portion of the upper Veterans Administration property known as #1 Freedom
Way located on the south side of Wrightsboro Road just east of Maryland Avenue. (Part of
Tax Map 044-3-141-00-0) DISTRICT 2)
Mr. Mayor: And Mr. MacKenzie I think you had a little information on this.
Mr. MacKenzie: We’ve conducted some research relating to this particular item and it
would be my recommendation that because there are significant legal issues to be considered
relating to the authority of this boards act on zoning matters for federal property that this item
either be sent back to committee for further review or at least tabled until the next meeting so
that we can review these issues and also consult with the attorney’s for the appropriate parties.
Mr. Johnson: I’d like to make a motion that we do that.
Mr. Hatney: So moved, second.
Mr. Mayor: We have a motion and second. Commissioner Grantham.
Mr. Grantham: Yeah, I think Mr. Mackenzie has made two recommendations. Which
one are we going to do? He said that it either be sent back to committee or we delay it two
weeks for this commission to take issue. And I think that’s you know we need to make a
decision which one we’re going to do.
Mr. Mayor: Commissioner Johnson ---
Mr. Grantham: I would further like to say that upon his recommendation that we delay it
for two weeks and let our legal counsel find all the necessary answers that we need in order for
this body to go ahead and make a decision. It’s been to committee, committee approved it with
their understanding. So I don’t know what information they’re going to get unless they go to
some legal counsel and do the same. So I think we can make that happen and settle this out in
two weeks time.
Mr. Mayor: Okay, Commissioner Johnson, was that your motion to bring this agenda
back to the next full commission meeting?
Mr. Johnson: Yes, but I think also that the issue is primarily not the facility but it’s the
street that we need answers to as well. I think they was trying to work out something with the
Wrightsboro Road entrance and that didn’t occur. So of course there’s some more discussion
that needs to take place. And so I do agree that we need to table it at least two weeks and then
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come back and get Andrew to look a little bit more in depth and get more legal analysis on what
we need to do in conjunction to this.
Mr. Grantham: Call the question, Mr. Mayor.
Mr. Mayor: Commissioner Lockett had his hand up first. Commissioner Lockett, did
you?
Mr. Lockett: Thank you, Mr. Chairman. I would also like for the people that’s interested
in this project after VA for us to go back to the them and make them understand that the
community doesn’t have a disagreement with homeless veterans being placed on the, at the VA
site. The only problem that the residents have and I know they all petitioned in excess of one-
hundred people that live in the immediate area is the street Maryland where the gate is going to
be for them to go in and out is not ideal. It’s not conducive for that type of environment. And
you know many years ago I can recall when I had to use the back door or had to go to the side
window to make purchases. I’m a disabled veteran and now you’re going to tell me that I’m not
good enough to go through the main gate at the VA? I think they need to go back with that and
come back with us with another recommendation, another entrance and exit other than Maryland
Street. Thank you, Mr. Chair.
Mr. Mayor: Okay, thank you, sir. Okay, y’all please hold your applause until the end.
The question has been called for. We have a motion and second. Commissioners will now vote
by the usual sign of voting.
Motion carries 10-0.
Mr. Mayor: Next agenda item, Madam Clerk.
The Clerk:
PLANNING
44. Z-10-16 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Jo Ann Browning, on behalf of the Dillard O.
Browning Living Trust, requesting a Special Exception to convert an existing duplex into a
triplex in a P-1 (Professional) Zone per Section 20-2 (b) of the Comprehensive Zoning
Ordinance for Augusta-Richmond County affecting property containing .23 acres and is
known as 2051 Walton Way. (Tax Map 035-3-322-00-0) DISTRICT 3
Mr. Mayor: Mr. Patty.
Mr. Patty: This property is zoned Professional and at one time it was the professional
office. It was actually the office of Blanchard and Calhoun Real Estate many years ago. And at
some point it was converted to essentially three compartments let’s say. And two of those
compartments are occupied as a duplex for many years. A few years ago because of some
problems we had with apartments being built in professional zones we changed the text of the
zoning ordinance to require a Special Exception when somebody wanted to do any kind of
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residential development in a professional zone. The applicant came to us last month and wanted
to add a third unit. In other words finish out. There are currently two units in this building and
wanted to finish out the space that could easily be converted into a third unit. And we told them
because of the change in the text of the zoning ordinance even thought the two units were legal
non-conforming or grandfathered unite they would have to have a Special Exception to add an
additional unit. So that’s why we’re here today. The applicant’s attorney testified that the
applicant, the son of the applicant the property’s being transferred to the son of the applicant and
the son once he owned it was going to live in the property and we felt that in spite of the
objections of the neighbors that that would bring some stability to the property. When we
conducted the balancing test in Georgia law that you’re supposed to conduct we felt that overall
essentially it was a technicality that required the Special Exception. And we felt overall that it
was justified so we recommended approval. And I believe there was unanimous approval by the
Planning Commission.
Mr. Mayor: Thank you, Mr. Patty. Commissioner Bowles.
Mr. Bowles: I know there’s some objectors here and I’d like to hear from them.
Mr. Mayor: Do we have a representative for the objectors?
The Clerk: We can count them.
Mr. Mayor: What’s that?
The Clerk: A count.
Mr. Mayor: Okay, if you’re here as an objector if you could first raise your hand.
Mr. Russell: Six.
The Clerk: Six objectors.
Mr. Mayor: Okay. And, sir, if you’re representing the objectors if you could? Are you
speaking on behalf of the objectors? Okay. Lori, if you could come forward and state your
name and address for the record and keep it to five minutes, please, ma’am.
Ms. Speaker: Lori Davis, 828 Crawford Avenue. We are in opposition to the Special
Exception Zoning for 2051 Walton Way. Ms. Hammonds who is seated here contacted me
approximately two weeks ago looking for support in her efforts to petition against the zoning
change at 2051 Walton Way. Ms. Hammonds lives at 842 Heard. Tax records indicate that her
home is part of the Harrisburg Neighborhood of which I am president of the association. She
expressed concerns that this property now being used as duplex has already had its issues and
adding a third party could only compound the problem. I immediately agreed to support her in
her efforts for less density in the Harrisburg/Summerville area especially with a property that has
already shown signs to be problematic. Our points of opposition. Police records indicate that
beginning in October of ‘09 officers had been to the residence ten times before March of 2010
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showing the beginning of a chronic nuisance problem. We believe that adding more people to
the equation would only intensify these issues. We believe that multi-family dwellings mixed
with single-family dwellings decrease the value of our properties. We believe that if the Special
Exemption is allowed for this property that it could set precedent for the rest of Heard Avenue at
some point in time. The majority of homes on this part of Heard Avenue are single-family
dwellings and are owner occupied built in the 1800’s. We also believe that the sole reason that
the owner of 2051 Walton Way is asking for a Special Exemption is due to increased revenue
alone. Lastly and most importantly we do not believe that a common citizen should be
intimidated or harassed in an effort to oppose a zoning change, which is well within Ms.
Hammonds’ rights as an American citizen. This has been done to her by the attorney of the
Browning family in an effort to stop the due process. I believe each Commissioner has a copy of
the letter of intimidation that Mr. Fredericks presented to her. We believe with this tactic alone
the Commission should not grant the Special Exception zoning change for that property.
Mr. Mayor: Thank you, ma’am. Do we have any questions? Commissioner Brigham.
Mr. Brigham: Is the petitioner here since we haven’t heard from him can we?
Mr. Mayor: Absolutely. And if you could state your name and address for the record
please sir and keep it to five minutes.
Mr. Speaker: My name is Wayne Fredericks and I represent the petitioner, the
Browning’s in this situation. They have owned this property over 25 years. As it was indicated
earlier the property has always been three units. It’s just that one was never upgraded to the
ability to be able to lease it or as a residence. That was recently done. That is the purpose for the
Special Exception. The objectioner raised a point of the way that a certain situation was handled.
I think that this is not the arena to handle these types of issues. But we were forced to have a
cease and desist order against Ms. Hammonds and a notice of trespass because she was harassing
tenants. She even harassed an eleven-year old minor. Now this situation, they tried to throw it
and (inaudible) direction. We are convinced that the two tenants that she has harassed are
convinced that Ms. Hammond’s motivation is racial profiling in this situation.
(Objections heard from the audience)
Mr. Mayor: Please.
Mr. Fredericks: Because the residents in that building are the only ones that have been
approached. There are ten multi-family units are rental properties that have over four rental units
within one block of this residence. The Browning’s own over nine Summerville properties; all
of them are an asset to the community. I take challenge with the fact that of the indication
number of police reports of police going to that location. There is a flophouse across the street
that needs to be demolished. People, homeless people go in there. If I may present, I’ve got a
petition brief here for all the Commissioners that even shows the photograph of the residence.
May I have your permission to present this a copy to each one? Thank you. The Browning’s
have owned property in this Summerville area for over 25-years. They’ve not had issues with
the Summerville Association. The other day I had to address to Mr. Neal the President of
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Summerville Association because Ms. Hammonds went on the property again. The owner,
Michael Browning, asked her to get off of the property. Mr. Neal was with her and she was
complaining about an ungrounded complaint. Mr. Neal indicated to me there are no issues from
Summerville about any of the Browning properties and that any further issue brought to him by
Ms Hammond would be actually ignored. This is an, this property is an asset to the community.
Adding one tenant if so that is the objective of the future right now is going to be used as a
residence by the owner of the property. So adding that unit or completing that unit is not going
to be a detriment to anyone. We have parking in the rear tenants are prohibited to park on the
streets. Any time a tenant does cause a disturbance the petitioner handles it according to eviction
procedures. And as far as any issues, sir, we have to say there are none.
Mr. Mayor: Okay. Okay, thank you, sir. Commissioner Hatney.
Mr. Hatney: I’d like to ask you two questions. One you mentioned, this picture I’m
looking at here is that the way the residence looks now?
Mr. Fredericks: Yes, sir.
Mr. Hatney: And did you say the owner’s going to move in this part?
Mr. Fredericks: The third unit, again it’s always been a building with three units. They
just never upgraded the third unit. Two have been leased for over twenty years.
Mr. Hatney: So what the question is I thought I heard you say that the owner’s going to
move.
Mr. Fredericks: They’re upgrading this for the purpose of his own residence.
Mr. Hatney: He’s going live there himself.
Mr. Fredericks: Yes, sir.
Mr. Hatney: And you mentioned without being specific racial profiling what are you
talking about?
Mr. Fredericks: I’m talking about two tenants have complained to Mr. and Mrs.
Browning as well as me that because they are African-American that this Ms. Hammonds has
gone into their house, knocked on their doors, asked them personal question, interrogated an
eleven-year old child without permission of the parent. That, as a matter of fact that tenant
wanted to come here tonight and I told her that’s really not the arena to air this kind of ugly.
And we were here on a focused issue of a simple Special Exemption, exception ruling and that if
she had issues with Ms. Hammond she needed to take that up with the Richmond County
Sheriff’s Department. And she so intends. I have also contacted the Richmond County Sheriff’s
Department concerning Ms. Hammond’s behavior. We respect the right of anyone to ---
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Mr. Mayor: Okay, I think we’re really speaking to the zoning issue and we’re getting
way outside of that now. Thank you, sir.
Mr. Fredericks: I had to address it because of the attack.
Mr. Mayor: Okay. Commissioner Bowles.
Mr. Bowles: Mr. Fredericks, are you the general counsel for the Browning property?
Mr. Fredericks: I am counsel for them. I am not an attorney.
Mr. Bowles: Okay, well, I’ve got a letter here that says you’re general counsel. And
when you come to a citizen in my district and threaten them at their front door, an elderly lady
who is as polite as anyone I’ve ever met I’ve got an issue with that. And you represented
yourself to her as an attorney.
Mr. Fredericks: No, sir, I represented myself as counsel ---
Mr. Bowles: Your business card says General Counsel, sir.
Mr. Fredericks: I am general counsel for them ---
Mr. Bowles: That means attorney.
Mr. Fredericks: --- but I am not an attorney.
Mr. Bowles: That’s means attorney, sir.
Mr. Grantham: (inaudible) discussion.
Mr. Mayor: Okay.
Mr. Bowles: And, Mr. Mayor, I make a motion we deny the approval.
I live in this
area. This is exactly what the chronic nuisance ordinance is about. We’ve got eleven phone
nd
calls since October 2 to this residence. We’re going to add somebody else to it so we’re going
to have more police calls away from chasing criminals to settling what looks like disputes among
husbands and wives or boyfriends and girlfriends. And it’s just, it’s destroying our
neighborhoods and we need to put an end to this.
Mr. Mayor: Do we have a second?
Mr. Johnson: Second.
Mr. Mayor: Okay. We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign of voting.
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Mr. Mason: What’s the motion?
The Clerk: To deny ---
Mr. Mayor: To deny.
The Clerk: --- the Special Exception. You’re voting to deny ---
Mr. Mayor: To deny.
The Clerk: --- the request for a Special Exception to convert the existing duplex to a
triplex in a P-1 (Professional) Zone.
Mr. Johnson: Why is it saying approve ---
The Clerk: Well, that was what the recommendation of the Planning Commission to you
was to approve it. You’re motion is to deny it. Forty-four is just the Planning Commission’s
recommendation to you, a request.
Mr. Hatney and Mr. Grantham vote No.
Motion carries 8-2.
Mr. Mayor: Okay, thank you, Madam Clerk. Next agenda item.
The Clerk: Item 44 and 46 are companion items. Is it okay if we take those together or
would you like to take them separate?
Mr. Mayor: I believe we’ll take them together.
PUBLIC SERVICES
45. New Ownership Application: A.N. 10-27: – request by Timothy W. Lowery for a retail
package Liquor, Beer & Wine license to be used in connection with the Honey Hole located
at 2075 Old Savannah Rd. District 2. Super District 9. (No recommendation from Public
Services Committee April 12, 2010.
46. New Ownership Application: A.N. 10-28: - A request by Timothy W. Lowery for an on
premise consumption Liquor, Beer & Wine license to be used in connection with Kush
located at 2083 Old Savannah Rd. District 2. Super District 9. (No recommendation from
Public Services Committee April 12, 2010)
Mr. Mayor: Mr. Sherman.
Mr. Sherman: Commissioners, the Mayor, 45 and 46 both are applications for an alcohol
license. One is for an on premise consumption the other is for retail. The location is where
Olive Road ends or intersects with Old Savannah Road. It’s an existing, has been an existing
establish there. An alcohol license has been at that location. This is a new applicant. The
applicant with regard to the objective criteria that we review regarding the location, the zoning,
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dispensary requirements the location meets those requirements. This objective criteria, the
discretionary criteria what is of concern is the character of, the applicant’s character. The
Sheriff’s Department, the application was submitted to the Sheriff’s Department they came back
with no recommendation. We did review the application and on both the alcohol application and
the personnel statement there’s an item that requests you to list all arrests and to also list your
convictions, the date the incidents occurred and how it was disposed of. In all situations Mr.
Lowery, there were several items under both of those questions. They were dismissed but there
were no convictions. The question Commissioner Mason asked the other week how far back do
we go in looking at these arrests and police records. Two answers to that. The ordinance says
you are not eligible to apply for, you’re not eligible to receive an alcohol license if you’ve been
convicted of a felony or if you’ve been convicted of a non-felonious charge within five years of
applying for the license. So in this case he’s eligible to receive the license if you so desire to
issue it to him. The other thing is though in the discretionary criteria it talks about the character
of the applicant. When I recommended to you the other day that if he be denied it was my
personal opinion based on the reputation and character based on the information that was
provided on both the application and personnel statement. Now we present the information to
you, you’re not bound to go by our recommendation. You review the application based on the
objective criteria, the discretionary criteria as well as you’re to determine if that person is of
good moral character. That’s why that information was highlighted for you. Otherwise I mean
the incidents are dated, the last was ten years or a little bit longer ago. There are no convictions
but you know we have concerns about the reputation and character of the applicant.
Mr. Mayor: Okay, can we hear from a representative of the applicant? And if you could
keep it to five minutes, please, sir.
Mr. Speaker: Yes, sir, will do. With all due respect we disagree completely with their
position on issuing the alcohol license. In this case Mr. Lowery has no felony convictions what
so ever. We asked the Commission not to even take into account the charges as these charges
were always dismissed against Mr. Lowery and we ask the Commission to take that into
consideration. I have eight letters of recommendation and or letters attesting to Mr. Lowery’s
good character, good moral character from everyone from a local lawyer to a local CPA to some
lending offices in town. Mr. Lowery is a real estate entrepreneur. He is in business flipping real
estate throughout the community. He’s been a productive member of this community. He has
generated revenue. He has generated taxes and what he wants to do is he wants to open up
another business, which we believe would be a very lucrative business that would generate
further taxes. He also wants to employ off duty deputies as security at his business while it’s
under operation, which would create more jobs in the community. And we feel that there would
be no justifiable reason in this case to deny his application. But I would like permission to
submit these letters of recommendation for review.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Mr. Mayor I see the representative of the Sheriff’s Department is back
there. I would like to know if the Sheriff has changed his mind and want to make a
recommendation on this issue.
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Mr. Mayor: Does the Sheriff’s Office have a recommendation?
Mr. Speaker: The Sheriff hasn’t changed his position, sir.
Mr. Brigham: That’s what I needed to know. Mr. Mayor, I make a motion we deny.
Mr. Mayor: Okay, I don’t hear a second on that.
Mr. Smith: I’ll second it.
Mr. Mayor: Okay, we have a motion and a second. Commissioner Lockett.
Mr. Lockett:
I’d like a little discussion on that. We don’t have the legal authority to
deny this young man a license to operate a business. But we do have the authority to revoke the
authorization if he doesn’t comply with the law. Now as was said if you have conviction within
five years. He hasn’t had any convictions within five years. He hasn’t had a felony conviction.
Now how are we going to deprive this young man the opportunity to make a living based on just
So I would like to make a motion ---
an opinion?
Mr. Mayor: A substitute motion.
a substitute motion that this young man be granted his application
Mr. Lockett: ---
be approved with the understanding if there isn’t full compliance with the law we will be
back to get you.
Mr. Johnson: I’ll second that.
Mr. Mayor: Okay, we have a substitute motion and a second. Commissioner Bowles.
Mr. Bowles: Mr. Mayor, I just want the applicant to realize that I agree with everything
Commissioner Lockett said except for we do have the right not to grant this license because it’s
not a guaranteed constitutional right. It’s a privilege to hold a liquor license. And I want you to
know that the Sheriff’s Office will be looking at you for the protection of your patrons and I’m
willing to give you this chance. But just know it’s a, it’s a, you know, we’re going to be
watching you.
Mr. Mayor: Commissioner Aitken.
Mr. Aitken: I want to thank Rob Sherman for the fine job he’s doing to give us the facts.
Facts are what’s going to make our city grow. And so I’ve been down your road there too as
some of the issues in my own life and so but there’s really nothing. The facts speak and we
really can’t deny that fact for him to have that opportunity. But it’s because of your association
that we’ll watching someway. So I wish you the best as well.
Mr. Mayor: Okay, we have a substitute motion and a second. If there’s no further
discussion Commissioners will now vote by the substitute sign of voting.
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Mr. Brigham, Mr. Smith and Mr. Grantham vote No.
Mr. Hatney abstains.
Motion carries 6-3-1.
Mr. Mayor: Thank you, ma’am, and I believe that ends our regular agenda. And Mr.
MacKenzie, I believe we have a need for a Legal Session?
Mr. MacKenzie: Yes, we have a need to discuss Pending and Potential Litigation as well
as Personnel and also ask that you not close the agenda yet until you consider item #39.
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
ADDENDUM
48. Motion to approve going into a Legal Meeting.
Mr. Mayor: Can I get a motion to go into Legal to cover those issues?
Mr. Johnson: So moved.
Mr. Mason: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
Mr. Jackson and Mr. Hatney vote No.
Motion carries 8-2.
[LEGAL MEETING]
Mr. Mayor: Okay, if everybody’s ready I’ll go ahead and call the meeting back to order.
49. Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia’s Open Meeting Act.
Mr. Johnson: So moved.
Mr. Lockett: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
Mr. Jackson out.
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Motion carries 9-0.
Mr. Mayor: And, Madam Clerk, we need to bring back up item #39.
The Clerk:
ENGINEERING SERVICES
39. Motion to deny the appeal of Parsons Water Infrastructure, Inc. on RFQ 10-100, verify
that an exception has not been made in the past, and continue the procurement process for
this project. (Approved by Engineering Services Committee April 12, 2010)
Mr. Mayor: Can I get a motion on this?
Mr. Brigham: We already have a motion on the floor, Lena.
The Clerk: We have two. We had a ---
Mr. Mayor: Okay.
The Clerk: --- primary motion by Mr. Brigham and Mr. Grantham to approve. The
substitute motion was Mr. Hatney and Mr. Mason was to go into Legal Session and to postpone
this agenda item to end of the meeting. And item #39 passed, the substitute motion 8-2.
Mr. Mayor: So we do need a motion on it. Correct, Mr. Attorney?
Mr. MacKenzie: We can either dispose of the motions that are pending or you can do a
substitute motion to approve the item as indicated on the agenda.
Mr. Mayor: Okay, the primary motion has not been disposed of yet but is there a
substitute motion to concur with the recommendation on the agenda item?
Mr. Hatney: No, that was the substitute to go into Legal.
Mr. Mayor: No ---
Mr. Hatney: We did that.
The Clerk: He’s going to make a motion to what, Mr. Bowles?
Mr. Bowles: I’m going to make a substitute motion to deny the appeal of Parsons.
The Clerk: Okay.
Mr. Mayor: Is there a second?
Mr. Hatney: Second.
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Mr. Mayor: Okay, we have a substitute motion and a second to concur with the
recommendation and to deny. If there’s no further conversation the Commission will now vote
by the substitute sign of voting.
Mr. Jackson out.
Mr. Bowles, Mr. Brigham and Mr. Grantham vote No.
Motion carries 6-3.
Mr. Hatney: He made the motion, didn’t he?
Mr. Mayor: You can vote against your own motion. I, he did. I have never, never seen
that happen ---
Mr. Bowles: I hit the wrong button.
Mr. Mayor: He hit the wrong button.
Mr. Mayor: If you can’t ---
The Clerk: Everybody vote again, come on.
Mr. Mayor: If we could revote that the substitute motion to deny.
Mr. Jackson out.
Mr. Brigham and Mr. Grantham vote No.
Motion carries 7-2.
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
April 20, 2010.
______________________________
Clerk of Commission
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