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HomeMy WebLinkAboutCOMMISSION MEETING - March 16, 2010 REGULAR MEETING COMMISSION CHAMBER MARCH 16, 2010 Augusta Richmond County Commission convened at 2:00 p.m., March 16, 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 Kenneth B. Martin, Pastor, Antioch Baptist Church. The Pledge of Allegiance to the Flag of the United States of American was recited. Mr. Mayor: Is everybody in readiness? Okay I’ll go ahead and call the meeting to order and like to call on Reverend Kenneth B. Martin, Pastor of Antioch Baptist Church for our invocation. Please stand. (Invocation given by Rev. Martin) Mr. Mayor: Pastor, could you come forward please? And thank you for that invocation. The City of Augusta. By his Honor Deke S. Copenhaver, Mayor to Reverend Kenneth B. Martin, Antioch Baptist Church, greetings. By virtue of the power and authority vested in me by the constitution and laws of this state and in pursuance of your appointment I hereby commission you the said Pastor of the Day in the City of Augusta for providing outstanding civic and spiritual guidance as one of God’s most dependable and delightful ministers of the Gospel. Your service to our community is greatly valued especially for this occasion. Given under my hand and the seal of the Office of the Mayor at the Municipal Building in the City of Augusta on the th 16 Day of March in the Year of Our Lord 2010. Thank you, sir. (APPLAUSE) Madam Clerk, on to the recognitions. Or presentations, rather. The Clerk: PRESENTATION(S) A. Mr. Bob Gilbert, Vice President & Eastern Division Construction Director of Parsons. RE: Presentation to the Augusta Commission in recognition of the James B. Messerly Expansion Project Construction Site receiving the OSHA Voluntary Protection Program (VPP) Star Status Safety Award. The highest OSHA award possible. Mr. Gilbert: Thank you very much. In 2003 Parsons entered into working with Augusta Richmond County on a watershed program. And in 2005 we started commencing the brand new Highland Water Treatment Plant project for you, which was commissioned last June. And then we are now currently building the G.B. Messerly Water Pollution Control Plant for you and will be completed in June of this year. This partnership in relationship with Augusta Richmond County was instrumental in our decision to go forward and apply for the highest safety award that national OSHA will give. And that is the Voluntary Protection Program Award, the VVP 1 and it’s a star status. And in, let’s see, November of last year they came out and did a review of our program and interviewed ourselves and the city employees on site. And February of this year we were awarded that status. It is only one of nine construction projects every awarded in the United States to receive this status and that is in direct reflection of the partnership that we have with Augusta Richmond County. So with that I would like to present this award to you and I’ll read it. It says in appreciation of Augusta, Georgia’s partnership with Parsons Corporation during the G.B. Messerly Water Pollution Control Plant’s Construction Manager at Risk Project 2007 – 2010. And in recognition of receipt of the OSHA VVP Star Award for the project’s exemplary safety program. (APPLAUSE) Mr. Mayor: And thank you to Parsons for a wonderful partnership as well. Thank you, sir. Madam Clerk, on to the recognitions. The Clerk: RECOGNITION(S) Augusta Complete Count Committee 2010 Census B. Motion to approve Resolution of Support in the upcoming 2010 Census. The Clerk: Reverend Boliek? Rev. Boliek: Right here. The Clerk: Okay and Mr. Millender. Mr. Boliek: Mr. Mayor and members of the Commission thank you for allotting us this time. We’ll be brief. My name is Paulwyn Boliek. Almost a year ago now the Mayor asked me and my friend and colleague Dr. Mallory Millender to serve as co-chairs of the committee to promote the census in the Augusta area. It’s called the Complete Count Committee and that really describes the work we’ve been doing. We’ve been working to make certain that Augusta has a full and complete count in this year’s census. As you’re probably aware the Constitution mandates that there be a census every ten years. Seats in the Congress, seats in the Legislature all depend upon this count. In addition the federal government distributes $4 trillion dollars over the ten years. That’s trillion with a ‘t’ not a ‘b’ over even an ‘m’, trillion dollars over the next ten years and that money, the distribution of that money is based on the census count. The money funds roads, bridges, highways, schools, hospitals, programs for the underprivileged, planning, a whole host of community services that are vital to our community and touches the lives of every single citizen. If Augusta is under counted in this census, that means somebody else will get our share of the money, another community. We’re determined that’s not going to happen. We want everybody to be counted. We mean everybody, no exceptions. The census forms are in the mail this week. I got mine today. I filled it out just before I came down here. I’m going to stop by the post office when I leave here and drop it in the mailbox. And that’s what we want to encourage everybody to do when they receive the census form. Don’t lay it on the table, don’t put it back somewhere where you’ll lose it. Send it back immediately, put it in the postage free envelope. No stamp required. I want to stress three things about the census form. But first of all it’s easy. It’s brief. There are only ten questions, very simple questions. 2 None of them are intrusive. It takes about five or ten minutes to complete it. Second it’s safe. All answers are confidential. Nobody has access to this information. No government agency, not the Internal Revenue Service, not the FBI, not the television people or the newspaper, nobody has access to this information. It’s safe. And third it’s important. It would be impossible for me to overemphasize how important it is to this community. The future development of Augusta depends in large measure upon the census count this year. It’s easy, it’s safe, it’s important. So we thank you for your time and your support and we request that you adopt the resolution, which you have in front of you. Because it will indicate your support of the census and it will encourage the community to respond in full measure. Thank you. Mr. Mayor : Thank you. Do we have any questions or? Well, I just want to say thank y’all for the great work you’re doing. You put together a great committee and I know it’s no easy task. But I know that you gentlemen stepped up because you knew how important this was. So with that can I get a motion to approve the Resolution of Support? Mr. Hatney: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Smith and Mr. Jackson out. Motion carries 8-0. Mr. Mayor: Thank y’all so much. Rev. Boliek: Thank you, sir. Let me just say that some of us remember when Willy Mays used to sit on this Commission as a member and as the interim Mayor. And he used to complain that the city spent too much money on people in Brooks Brothers suits who came and conducted studies and gave advice and were consultants. And I think I agree with him. I just want to point out to you that neither one of us has on a Brooks Brothers suit. Neither one of us owns a Brooks Brothers suit. In fact my coat came from Hamrick’s. I bought it on sale. Mr. Mayor: And neither one of y’all are getting paid to do this. Rev. Bollek: That’s the point. Nobody got paid. We’re all volunteers and did it willingly. There are about 50-75 people who served through this committee and its subcommittees and we appreciate your support. Mr. Mayor: Thank you. Please y’all thank the rest of the committee --- (APPLAUSE) Mr. Mayor: --- for us. 3 (APPLAUSE) Mr. Mayor: Madam Clerk, next recognition. The Clerk: RECOGNITION(S) C. Mr. Mark Smith, Information Technology Department, February Employee of the Month. The Clerk: Yes, sir and members of the Commission. We’d like to acknowledge our Employee of the Month Award. We ask you along with, Mr. Jackson is out, co-chair, Ms. Allen along with members of the IT Department who would like to participate in this presentation. Please join the Mayor here. Mr. Mark Smith, of course. The Clerk: Dear Mayor Copenhaver. The Employee Recognition Committee Chairperson has selected Mark Smith as the February 2010 Employee of the Month for the City of Augusta. Mark Smith his currently an Application Support Analyst I for the Information Technology Department. He has been employed with the city for over 28-years. Mark Smith was nominated by Meagan Sasser, the Payroll Coordinator in the Human Resources Department. Mark works closely with the payroll coordinator and the entire human resources department to assist with reporting, requests, issues and any requests related to help with IFAS. Mark is always willing to take the initiative to resolve questions the best way possible and also to assist in a timely manner to meet deadlines. He displays excellent customer service skills because he responds quickly, positively and goes out of his way to make sure the problem is fixed. Mark continues to help the Human Resources Department by getting up new codes or access permissions into IFAS, NEOGOV and is currently going through the upgrading process to the new online IFAS as well as devoting a lot of time to the Human Resources Department’s ADP implementation to insure that it is a success. The committee chairman felt that based on this nomination and Mark Smith’s dedicated and loyal service to the City of Augusta we would appreciate you in joining us in awarding him the February 2010 Employee of the Month. And the Clerk of Commission’s Office concurs wholeheartedly. (APPLAUSE) Ms. Allen: You know we also totally concur with the recommendation that the nominee be for Mark. Mark is what we consider one of those hidden treasures in Information Technology Department. But he’s truly an asset. Any time you need anything done when it comes to payroll or human resources or anything just like in the Clerk of Courts office, Mark is the one that will step up to the plate and make sure it happens without any complaints or anything. He is truly an asset and I want to thank him as the Director of the Information Technology Department for all he does. And I think everyone else can concur that gets paid every two weeks from the City of Augusta who can concur in thanking him for everything he contributes to make sure that’s an easy, smooth process in that you do get paid on time. So thank you, Mark, for everything you do for all of us. (APPLAUSE) Mr. Mayor: It’s a pleasure for me to concur with what everybody else has said. But we put this in writing for you too Mark. Dear Mr. Smith. On behalf of the City of Augusta it is with 4 great pleasure that I congratulate you for being recognized as the Employee of the Month for February 2010. Your contribution to your organization August 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 Information Technology Department, which is the best of its kind in the nation as far as I’m concerned, 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 of Augusta. (APPLAUSE) Mr. Mayor: Are you sure you don’t want to say something? Mr. Smith: Yes, sir. The Clerk: A humble spirit. He really has a humble spirit. Mr. Mayor: Okay, Madam Clerk, on to the delegations. The Clerk: DELEGATIONS D. Mr. Randolph Wade, Jr. RE: The closing of the Barton Village Community Center/Neighborhood Enhancement Program. Mr. Wade: Good Afternoon. Mr. Mayor: And if you could, good afternoon. And if you could keep it to five minutes please sir. Mr. Wade: I’d like to yield my time to Reverend Bobby G. Hankerson. Mr. Mayor: Okay. Reverend Hankerson: We have some handouts, Mr. Mayor, if you don’t mind. Mr. Mayor: Okay. And if you could keep the time you’ve been yielded to five minutes please, sir. Reverend Hankerson: Okay, thank you, sir. To the Mayor, to our Commissioners we’re here today as on the agenda to speak in opposition to the closing of the Barton Village Community Center. Not speaking just for the closing of the community center but speaking in behalf of not cutting the funds to run the center. Now some of our Commissioners may not be familiar with this program in Barton Village. This is not a fly by night program. This program started back over fifteen-years ago where former Commissioner Moses Todd, Commissioner Colclough and myself worked very diligently when Barton Village was place where you couldn’t even walk the streets. We formed a, contacted the Department of Justice and formed a weed and seed initiative. Now what makes this program unique is from other maybe centers that 5 considered to be cut is because we have a partnership with the Augusta Housing Authority. Augusta Housing Authority built the building that weed and seed office and the programs are implemented, which is now known as The Enhancement Program there, initiative program in Barton Village. But the origin of that was Weed and Seed. That funded the law enforcement department $100,000 for years to buy equipment to put the law enforcement officers into that community, bicycles and cars and equipment and so forth around the area. The citizens in Barton Village fought very hard with sweat equity on the seedpod, the seeding the community beautifying it, revitalization and so forth. The Weed part was law enforcement, FBI, law enforcement agencies come in and we had low tolerance for drugs and all kinds of negative activity. To cut the funding for this program to close it down where all these programs that you see in your brochure that is going on for our young children, young adults, school children would be a bad thing to do. In times like this where we see murders and teenage kids are going to jail and all kinds of activities now, gang activities we see in the community. Barton Village has a safe place to walk the streets and so forth. If we cut the fundings there and have no programs there, no GED programs and no after school programs, computer programs that all the computers that were purchased over a year ago and they are there now for kids to use. We want the center to stay open. It is unique. Augusta Housing Authority as I said not only, the building that housed the neighborhood initiative now but also two other buildings for one dollar a year. So the city does not have to pay for the maintenance of those buildings. Augusta Housing Authority is doing that. We ask the commission strongly today to reconsider cutting the funding for this program. We’ll do all we can to make sure that we implement some positive programs in that community. I’ll work along with them. I am the former president of the neighborhood association in Barton Village when I lived there for 26 years. I was the founder of the neighborhood association and also one of the co-founders of the Weed and Seed initiative. So I know how it is important it is we can teach other communities how to get rid of this crime. We have the answer because the citizens in Barton Village are trained to watch out and to work along with law enforcement and other agencies to come in to make that community a better community. We need this program. We ask that you please go, we’ve always been kind of good at finding money and we hope that we can go and find some money to, a $130,000 is nothing compared to what you’re investing in these young children’s lives. We invest more than that in studies. But we’re talking about a program that is up and running and you haven’t been there we invite you to come out and see what is going on. Thank you very much. Mr. Mayor: Thank you, Reverend Hankerson. Do we have any questions, comments? Mr. Mayor Pro Tem. Mr. Mason: Thank you, Mr. Mayor. First of all I’d like to thank Reverend Hankerson for coming forward today and speaking on behalf of the neighborhood enhancement and the neighborhood association as well. This is an extremely important program that we have out in the community for all the reasons that he just said and then some. I’m hoping that some kind of way that we can, and I’ve had some dialogue with Fred. I think we may have come up with some viable options in terms of trying to sustain. So I’m going to yield to him in just a second. But I would say this. I don’t think we can afford to take a step backward with the community the way that it is now with all the things that’s going on out in the community. And if we have a program that addresses some of the things that ail us in this community I think we need to continue those programs on. The computer program that’s going on out there is extremely 6 important. Some of these people that use these computers are, these are the only computers that they’ll see, you know don’t necessarily have them in their homes and that sort of thing. So there’s a number of reasons to keep this program open in some form or fashion. And I know like I said I had a discussion Mr. Mayor with the City Administrator as well as Robert Leverett. I don’t know if he’s prepared to address that today or what do you have in reference to that, Mr. Administrator. Mr. Mayor: Mr. Russell. Mr. Russell: Yes, sir. As you know this is a program that was established some years ago as a seed off of federal dollars that were available to us. Those federal dollars have dried up and gone away. We as a community decided to continue funding that through tax dollars of our citizens at this particular point in time. It’s hard to argue with any of the benefits of the program. I’ve been there most of you have been there. It’s significant program that does good things. The question becomes what level of services can we afford to provide in these particular areas here. What we did when we de-funded the program was to give it six months to look for other options. We are in the process of exploring those other options, as we are in several other areas that we’ve done the same kind of de-funding or lack of additional funding at some point in time. What I would suggest is we have several months before the dollars run out. During that time we are looking at recreation and how to support the recreation program through our Recreation Department. Look into IT to continue to support of some area there. We don’t have the answers at the moment but the community does seem to be stepping up which is a valuable tool that we have. There are other private individuals, private organizations that have spoken about the potential to providing that. Why don’t you give us about 30 days to come back with a final recommendation on how to continue to move forward if that’s something we can do. If not than we need to look at other options that are available. But given the discussion of the last twenty days or so I’m somewhat optimistic we’ll be able to do something if it’s just user program in a various sort of way. What we do need those to recognize that the community does need to step up. We’ll looking for volunteers, we’re looking for assistance, we’re looking for people that are ready to work in the same nature that we have in our other community centers that are partnerships. And I think if we go at it at that approach we might come out with a positive result. If we go at it at the approach that we’re going to find sixty-five thousand eight hundred dollars to continue the program we’re going to end up with the same kind of discussion next year that we had this year is why are we funding this program at this level when other communities will benefit from the same level of funding. The partnership is there, the opportunity is there to continue that partnership but I think we need to refine that and I’d like about thirty days to do that. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Mayor. And it’s this kind of (unintelligible) but I do believe this is in my district and I was a little surprised to see that it was on the agenda and my fellow commissioners have been contacted. But for some reason or another I wasn’t called upon. I do realize back fifteen years ago the crime was indeed prevalent in the Barton Chapel area. And I think with Moses Todd and Commissioner Hankerson I think he did a great job in bringing crime under control and getting the neighborhood involved. And I agree this is a very, very 7 valuable entity. And it would be a shame if we had to lose it and go back to what Barton Village was fifteen years ago. I realize that we’re having bad economic times there but I would hope that if the Administrator can come up with the funds to sustain the operation I think it would be a great thing for the community. Thank you, Mr. Mayor. Mr. Mayor: Thank you, sir. Mr. Mayor Pro Tem and then Reverend Hankerson. Mr. Mason: Let me just follow up. And I agree with Commissioner Lockett’s assessment but I just want to correct something for the record. That’s no longer District 5 anymore that it is District 4 and at one point it used to be District 5 but it is District 4 now so no one slighted you or anything like that. But we do service a lot of District 5 folks too because it’s just that close. Um, Fred, when you mentioned the 30 day time limit and I’m hoping that that’s inclusive of the stake holders in the community which are those that are here today and even those that did not make it here, those stakeholders in that community being a part of that dialog as we move forward to 30 days to assure you know we’re on the same sheet of music that we can get that buy in as well. Mr. Russell: Mr. Mayor Pro Tem, I think that’s crucial in the fact that in my mind the program doesn’t go forward unless stakeholders can come up with some resources, be it volunteer time, efforts or dollars to help continue that program to come forward. I believe that’s what I want to see and I believe that’s the only way we can make this happen at this particular point in time. Mr. Mason: Well, I appreciate that. And it looked like; it almost looked like, Mr. Mayor, Reverend Hankerson had a question based on something I said or based on something --- Mr. Mayor: Yeah. Reverend Hankerson. Reverend Hankerson: Yeah and I’ll be brief. And I do apologize that you didn’t get the message. I’m not the President of the Association. I was asked to be a spokesman for it and I thought everybody was represented so we tried to call at the last minute and tried to get someone. But you are important to that because the white line on Barton Chapel Road separates District 5 from District 4. We’re one mile from District 4 in Barton Village to bring us here on District 5. So it affects Barton Village, McDuffie Woods, Glenn Hills, Hampton Estates all of those subdivisions in that area. If this program ceased the crime it will come back. Basically the thugs knew they couldn’t come in Barton Village. And that’s the way we want to keep it that way. And you are very important into this and I apologize for that. One other thing that I heard was said I met with the director over there and that’s how I got on board with it. That they said they were packing up. Someone called them to pack up and get ready to go. And the director was saying the program is over. Someone informed us to pack up and go. Two of the staff members that were part time from my understanding have been given full time jobs with the city. So what is going on? I need to know what is going on here. Mr. Mayor: Mr. Russell, do you? 8 Mr. Russell: Yes, we are moving people out and we have taken the opportunity it take those people that had part time positions and find full time positions for them as we try to reduce the amount of dollars being spent in that particular program. If we could move those people out that gives us additional dollars to continue the services that are available. And if we have people that can volunteer to do that that extends the life of the program. And that’s the motion there. And that’s what we’re trying to do to extend the life of the program by taking those particular part time salaries out of the operation, supplementing that with people that are here in the facility itself that can volunteer their time and efforts to move forward with that and do that. So what we’re tying to do is create a pot of money that’s big enough to continue to get you through the program. And it’s not going to be fun as we do that but if y’all bring forth ideas and volunteer help and assistance we can make it happen. Reverend Hankerson: Now we do know that a program of this magnitude cannot operate on all volunteers. We had a minimum of $130,000.00 a year for three employees for three employees when one employee makes more than that. It cannot operate. You have to have, volunteers come when they want to. To operate this program, computer programs, kids getting out of school, you have to have someone there that you have the rule over that has to be there. So we had a full time director and two part time people. Full time people have to be paid benefits. So you could almost take the benefits and put back into this program and operate this program. What is $130,000? But I --- Mr. Mayor: Well, okay --- Reverend Hankerson: --- hope you will look at it. I know my time has exceeded --- Mr. Mayor: Okay, yes, sir. Reverend Hankerson: --- I’d like to recognize the other citizens that worked so hard. You don’t have to worry about volunteers. We dodge bullets. We walk the street. You don’t have to worry about --- Mr. Mayor: Okay. Okay. Reverend Hankerson: I’d like for them to stand, Mr. Mayor. Mr. Mayor: Please, that would be wonderful. Reverend Hankerson: These are seniors that we fought for. Mr. Mayor: And thank y’all for coming out today. And I’ll just say I’ve been to Barton Village many times and have been strongly supportive in this. And Ms. Jones and the rest of the folks out there I know have done a great job. I just think during difficult budget times when you say what’s $130,000, that’s you know we’re lean and there are a lot of great programs out there to fund. So I understand completely your passion and that’s what we need is people who are passionate about these programs to come in and advocate for them. Thank you, sir. And is 9 everybody good with, Fred, Mr. Mayor Pro Tem, Mr. Lockett, with him moving forward in that manner? Mr. Mason: Could I just hear the --- Mr. Mayor: And if we need a motion to --- Mr. Russell: What I’d like to do, sir, is --- Mr. Mason: A plan of action. Mr. Russell: --- if I can if you give me 30 days I’d like to come back with a plan of action that provides a service. What I’d also like to do is look for opportunities to outside funding maybe from the community itself or for volunteers from that community. You know we’ve got several projects that because of the volunteers in the community they actually operate the center themselves. In addition to that we’ve been talking with Recreation to determine what aspects of the program that they can take over. We do have a community center right around the corner. So that’s one thing we’re looking at. And like I said if we can’t put together that program what the decision is do you want to find additional dollars or do you want to go ahead and move forward. This level of service is something we provided every community. It’s one that was special to this because of the federal grant. It does great things. But what level of dollars can we continue to put forward to balance out cuts by both the state and the federal government. In thirty days I can give you a plan. It might not be a plan that everybody likes but it will be one that moves us forward or it comes to the recollection that we cannot find enough support in the community to continue the project. Then we’d have to make a tough decision. Mr. Mayor: Okay. Commissioner Hatney then Commissioner Lockett. Mr. Hatney: Mr. Mayor, I’d like to ask the Administrator one thing. In view of the fact that it’s, I think I heard that the Augusta Housing Authority built the building. Reverend Hankerson: They built the building and --- Mr. Hatney: The built the building. Reverend Hankerson: --- and other buildings --- Mr. Hatney: Okay. Reverend Hankerson: --- they allowed us to implement the program. Mr. Hatney: Has any thought been given to sit down and see if there’s some way they can kind of assist? 10 Mr. Russell: They’ve never been overly anxious to assist with the programmatic aspect to my knowledge. But I do have a meeting scheduled with Mr. Oglesby tomorrow and that was on the agenda to talk about. Mr. Hatney: Okay. Mr. Mayor: Okay. Is everybody okay? Commissioner Lockett. Mr. Lockett: Thank you, Mr. Mayor. Mr. Russell, I would hope that in the next thirty days any action within the next thirty days to shut down the place to be put on hold. Mr. Russell: We have moved the part time people out and I believe that’s a prudent move to make. We don’t anticipate reducing any services. The full time staff is available there. But we’ve been attempting to do that. What we are looking for is immediately for some volunteers that can support that. But I find it a little bit hard for us to put those part time people back in there because that just takes dollars away from what services can be provided. So instead of paying salaries we’ll hopefully be paying for services. So I believe that would be the most prudent thing to do at this time, sir. Mr. Lockett: Okay. Mr. Mayor: Okay. Is everybody, Commissioner Johnson? Mr. Johnson: Thank you. If we can, can we get an assessment to exactly what it’s going to take to run this facility voluntarily and of course with the full time? That way you kind of know exactly how much you can tweak the budget to get the same service or similar if you will provided to them, the people there. I think that’s going to be critical for them because you have moved those two part timers away. So if we could get an assessment to let y’all know exactly where we are --- Mr. Russell: Right. Mr. Johnson: --- and how much they need to provide from the community, neighboring churches or whomever. Mr. Russell: And that’s the conversation I want to have over the next 30 days to get you to that point. Mr. Johnson: Okay. Mr. Russell: By moving the part time people out we’ve saved ‘x’ number of dollars that can be used to facilitate the program in whatever. So the next thirty days we’ll give you a number there on what it’s going to take from a volunteer standpoint and what it’s going to take from dollars that we have available. And hopefully we can carve into that sixty-five eight. That’s the number it would take to maintain the current level of service. If we can carve into that it will be a whole lot easier to pull off. 11 Mr. Johnson: Good. Thank you, Mr. Mayor. Mr. Mayor: Commissioner Grantham. Mr. Grantham: You know I think Mr. Lockett’s question was will the facility remain open during this 30-day period of time. Mr. Lockett: Right. Mr. Mayor: Yes. Mr. Grantham: That’s what we’re looking for. Reverend Hankerson: Staff been taken away? How do you expect the program to operate if you come in and take away the staff? Everybody in Barton Village can’t teach GED. Mr. Mayor: Okay, actually, Reverend Hankerson, you’ve exceeded your time limit so --- Reverend Hankerson: Thank you so much. Mr. Mayor: --- yes, sir. Reverend Hankerson: I apologize. Mr. Mayor: Okay. Okay, Madam Clerk, on to the consent agenda. The Clerk: Yes, sir. Our consent agenda consists of items 1-30, Items 1-30. For the benefit of any objectors to our planning petitions once those petitions are read would you please signify your objections by raising your hand. Item 3: Is for a change of zoning from a Zone A (Agriculture) to a Zone R-MH (Manufactured Home Residential) affecting property known as 216 Thompson Road. Item 4: Is a request for a change of zoning from a Zone A (Agriculture) to a Zone HI (Heavy Industry) affecting property known as 1641 Dixon Airline Road. The Clerk: Are there any objectors to those two planning petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Under our Public Services portion of the agenda if there are any objectors to any of our alcohol petitions would you please signify your objections by raising your hand. Item 5: Is a Special Events Liquor, Beer & Wine license to be used in connection with a restaurant located at 3064 Washington Road. 12 Item 6: Is a Special Events License (Beer) in connection with the location at 3035 Washington Road. Item 7: Is a retail package Beer & Wine license to be used in connection with the location at 1499 Gordon Hwy. Item 8: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with the location at 660 Broad Street. Item 9: Is for an on premise consumption Beer license to be used in connection with the location at 1719 Gordon Hwy. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: Yes, ma’am, we have an objector to the --- The Clerk: That’s on the regular agenda. Mr. Russell: None noted! The Clerk: No objectors, thank you. Our consent agenda consists of Items 1-30 with no objectors to our planning petitions or our alcohol petitions. Mr. Mayor: Okay, thank you, Madam Clerk. Do I have any additions to the consent agenda? Okay do we have any items, Mr. Russell? Mr. Russell: Go ahead, I’m sorry. Mr. Mayor: Any items to be pulled for discussion? Mr. Aitken: Mr. Mayor? Mr. Mayor: Mr. Aitken. Mr. Aitken: Item twelve and I would like to have George Patty address that at the time. Mr. Mayor: Okay. Mr. Patty? Mr. Russell: You’re just going to pull that right? Mr. Mayor: Okay. Mr. Russell: No, wait a minute, I’m sorry. Go ahead Lena. The Clerk: It may not need to be pulled if Mr. Patty can --- Mr. Aitken: Clarify some things. The Clerk: --- clarify, yeah. 13 Mr. Mayor: Okay. Mr. Patty: This is an ordinance that would designate Harrisburg/West End as an Enterprise Zone. Under the states Enterprise Zone Law this is one of the two economic stimulus incentive packages that they offered, DCA offers and it’s got to be done by ordinance and that normally mean a second reading. The reason the urgency here is we’ve also got a companion item, which is to declare Harrisburg as an Opportunity Zone which has to go to DCA for their approval. And that’s done by resolution because they actually would take the action. The rules are changing on that and I’ve seen new rules and I’m not sure we could even make it qualify under the new rules. It would meet the criteria but the data that would be required to support it would be so extensive I’m not sure we’ve got the ability to do it. So if we can waive the second reading on this than I can get both of them up there and we can get some serious important incentives in place in Harrisburg/West End and hopefully help that neighborhood along. Mr. Mayor: Okay. The Clerk: Are there any objections to waiving the second reading on item twelve? Okay. Mr. Mayor: Okay. The Clerk: We’ll just, can we just add that on so we don’t need to pull that one. Mr. Mayor: Mr. Russell. Mr. Russell: If you’ll bear with me here. I’m not doing too well today here. Item 15, I have an editorial change. The item asks for the passage of the Urban Redevelopment Plan for Laney Walker. What I’d like to do is change that to ask for the passage of the resolutions that are attached. Because of a timing issue the plan will be coming back to you in two weeks. But we need to pass the resolution to move forward with the plan. And I’d like to have that as an editorial change to motion if you don’t mind. Mr. Mayor: Is everybody okay with that? Okay. Okay, do we have any further items to be addressed or pulled for discussion? Okay, hearing none I’d look for a motion to approve the consent agenda. Mr. Johnson: So moved. Mr. Jackson: Second. CONSENT AGENDA PLANNING 1. FINAL PLAT – HOPETOWN VILLAS, PHASE 2, SECTION 2 – S-791-II – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by H. Lawson Graham, on behalf of Joseph F. Adams, for Hopetown Villas, Phase 14 2, Section 2. This residential subdivision is located off Abaco Lane at Swindon Drive and contains 26 lots. 2. FINAL PLAT – WEST WHEELER TOWNHOMES, SECTION 9 – S-809 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Southern Partners Inc., on behalf of ATC Development, requesting final plat approval for West Wheeler Townhomes, Section 9. This residential townhome development is located on Aruba Circle, adjacent to West Wheeler Townhomes, Phase 10 and 8 and contains 20 lots. 3. Z-10-08 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Carrie Favors, on behalf of Fred L. Brown, requesting a change of zoning from Zone A (Agriculture) to Zone R-MH (Manufactured Home Residential) affecting property containing .43 acres and known as 216 Thompson Road. (Tax map 087-3-087-3-153-00-0) DISTRICT 2 4. Z-10-12 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Brian Simkins, on behalf of William White Barrett estate, requesting a change of zoning from Zone A (Agriculture) to Zone HI (Heavy Industry) affecting property containing 135.21 acres and known as 1641 Dixon Airline Road. (Tax Map 135-0-005-00-0) PUBLIC SERVICES 5. Motion to approve a request by Melissa Ruiz for a Special Events License Liquor, Beer & Wine for Masters Week 2010 for Mi Rancho Mexican Restaurant located at 305=64 thth Washington Rd. the Event duration is Seven (7) days April 5 thru 11. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee March 8, 2010) 6. Motion to approve a request by Jan Scholer for a Special Events License (Beer) for Masters Week 2010 to be used in connection with Wild Wings Café located at 3035 thth Washington Rd. The duration of the event will be four (4) days, April 7 thru 10. District 7. Super District 10. (Approved by Public Services Committee March 8, 2010) 7. Motion to approve a New Ownership Application: request by Mukesh Patel for a retail package Beer & Wine license to be used in connection with Pramukhji Enterprises, LLC located at 1499 Gordon Hwy. District 2. Super District 9. (Approved by Public Services Committee march 8, 2010) 8. Motion to approve a New Application: A.N. 10-12: A request by Sterling Johnson for an on premise Liquor, Beer & Wine license to be used in connection with Cocktails located at 660 Broad St. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee March 8, 2010) 9. Motion to approve a New Application: A.N. 10-13: request by Harry T. Gandy Jr. for an on premise consumption Beer license to b used in connection with Crazy B-B-Q & Wings located at 1719 Gordon Hwy. There will be Sunday Sales. District 5. Super District 19. (Approved by Public Services Committee March 8, 2010) 10. Motion to approve a Resolution authorizing the CSRA Regional Commission to continue the operation and administration of the Coordinated Transportation System and other DHR funded programs for Augusta-Richmond County. (Approved by Public Services Committee March 8, 2010) 15 11. Motion to renew the Sec. 5311 Rural Transit grant application between the Georgia Department of Transportation (GDOT) and Augusta, Georgia from July 2010 to June 2011. (Approved by Public Services Committee March 8, 2010) ADMINISTRATIVE SERVICES 12. Motion to approve an ordinance designating Harrisburg/West End as an Enterprise Zone. (Approved by Administrative Services Committee March 8, 2010) 13. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the Harrisburg Neighborhood: 1601 Watkins Street (two buildings), 1648 Brinson Lane, 403 Hamilton Street, 850 Heard Avenue, (District 1 & 3, Super District 9 & 10); South Augusta Neighborhood: 2509 Tara Heights Circle, (District 5, Super District 9); South Richmond Neighborhood: 4022 Smokey Road, 5050 Old Waynesboro Road, 1120 C Hephzibah-McBean Road, 2012 McNutt Road, (District 8, Super District 10); Turpin Hill Neighborhood: (City owned properties) 2235 Dyer Place, 2108 Grand Boulevard, (District 2, Super District 9); Bethlehem Neighborhood: 1748 ND Martin Luther King Boulevard, (District 2, Super District 9); AND WAIVE 2 READING. (Approved by Administrative Services Committee March 8, 2010) 14. Motion to approve a Resolution designating Harrisburg/West End as an Opportunity Zone. (Approved by Administrative Services Committee March 8, 2010) 15. Motion to accept the Laney Walker/Bethlehem Urban Redevelopment Plan (URP) that designates Laney Walker/Bethlehem as an Urban Redevelopment Area (URA). This is the second and final part of the process to establish the Laney Walker/Bethlehem neighborhoods as an Urban Redevelopment Area. This designation is a condition of receiving Bond Financing for use in acquiring vacant and abandoned property and developing property in the Laney Walker/Bethlehem Urban Redevelopment Area. (Approved by Administrative Services Committee March 8, 2010) PUBLIC SAFETY 16. Motion to approve maintenance agreement with Pictometry International to provide new oblique imagery and related software and product support to Augusta. (Approved by Public Safety Committee March 8, 2010) FINANCE 17. Motion to approve Budget Adjustments for the 2009 Financial Audit. (Approved by Finance Committee March 8, 2010) 18. Motion to approve renewal of Public Official Liability coverage with current carrier, Landmark American Insurance for $68,308 for April 19, 2010 to April 19, 2011. (Approved by Finance Committee March 8, 2010) 19. Motion to approve 2009 Indirect Cost Allocation Study to be performed by KPMG. (Approved by Finance Committee March 8, 2010) 20. Motion to approve Excess Worker’s Compensation Insurance with Safety National Casualty Corporation with Statutory limits and a $600,000 SIR (self insured retention; otherwise, known as the deductible) for a premium of $176,038. (Approved by Finance Committee March 8, 2010) 16 ENGINEERING SERVICES 21. Motion to authorize condemnation to acquire fee simple purchase of 17,424 sq. ft., 1,550 sq. ft. of permanent easement and 1,550 sq. ft. of temporary easement of 2921 Willis Foreman Road – PIN: 164-0-003-05-0; and 5,987 sq. ft. of permanent easement of 2931 Willis Foreman Road – PIN: 164-0-003-04-0. (Approved by Engineering Services Committee March 8, 2010) 22. Motion to approve Capital Project Budget Change Number Three (324-041110- 201824110) and Supplemental Agreement Three with URS Corporation in the amount of $65,000.00 to provide Georgia Department of Transportation coordination for project letting for the Broad Street portion of the downtown traffic signal and streetlight upgrade project. Funds are available in the project contingency account for the Engineering Department. (Approved by Engineering Services Committee March 8, 2010) 23. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Lola L. Clark, as owner, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvement Project, (1,951 sq. ft.) in fee and (N/A sq. ft.) of permanent easement, more or less; and (1,972 sq. ft.) of temporary construction easement from property located at 1611 Marvin Griffin Road, private, at the purchase price of $1,500.00. (Approved by Engineering Services Committee March 8, 2010) 24. Motion to approve CPB and award of Construction Contract to Blair Construction, Inc. in the amount of $169,846.38 for the Paving Various Roads, Phase IX – Contract 2, Lamar Road Project, subject to receipt of signed contracts and proper bonds as requested by AED. Funding is available in the project account. (Approved by Engineering Services Committee March 8, 2010) 25. Motion to approve a request from the Augusta Engineering Complex to temporarily rename Seventh Street in front of the James Brown Arena for ceremonial purposes only as Ringling Way on March 18, 2010 with consideration for an in-kind trade for the cost of producing the sign. (Approved by Engineering Services Committee March 8, 2010) PETITIONS AND COMMUNICATIONS 26. Motion to approve the readoption of an Ordinance to proceed with demolition and removal of the structures on property located at 1121 Nellieville Road, 1002 Eighth Avenue, 2526-28 Dover Street, 2530-32 Dover Street, and 1012 Sixth Avenue; to repeal conflicting ordinances; and for other purposes. Waive second reading. (Approved in Commission meeting October 20, 1998) 27. Motion to approve the minutes of the regular meeting of the Commission held on March 2, 2010. 28. Motion to approve the correction of the Commission’s February 1, 2010 minutes. Task Order for Water & Sewer Repairs & Installation Phase II to TRAN Construction. Bid award amount should have been $1,140,723.95 instead of $1,141,329.96. APPOINTMENTS 29. Motion to approve the appointments and reappointments of the following persons representing District 5: William Wright, Planning Commission; Gwen Allen-Robinson, Personnel Board; Charles July, Augusta Aviation Commission; Jamie Dukes, Board of Zoning Appeals; Lonnie Wimberly, Citizens Small Business Advisory Bd.; Tracey Williams, Jr., Public Facilities, Inc.; William Hicks III, Riverfront Development Review; 17 Alzenia R. Williams, Historic Preservation; Perry Robinson, Augusta Ports Authority and Faye F. Smith, ARC Library Board effective April 1, 2010. ATTORNEY 30. Motion to approve an Ordinance to amend the Augusta, GA Code Section 3-4-11 relating to events held on public property. (Approved by Augusta Commission March 2, 2010 – second reading) Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Hatney: Madam Clerk. The Clerk: Yes, sir. Mr. Hatney: I abstain on alcohol please. The Clerk: Yes sir. Mr. Hatney abstains. Motion carries 9-1. [Items 5-9] Motion carries 10-0. [Items 1-4, 10-30] Mr. Mayor: Okay, Madam Clerk, on to the regular agenda. The Clerk: PUBLIC SERVICES 31. Z-10-07 – A request for concurrence with the Augusta Richmond County Planning Commission to deny a petition by Makebia Pryor and Loretta Ferguson, on behalf of Michael G. Utley, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .51 acres and known as 1923 Kissingbower Road. (Tax Map 071-3-087-00-0) DISTRICT 5 Mr. Mayor: Mr. Patty. Mr. Patty: This is a request for a Family Personal Care Home in an area on Kissingbower Road near Milledgeville Road. It’s an area where there are some commercial enterprises and it’s a house that’s typical of that area. The, it’s sits on what appears to be a double lot so there seems to be plenty of room. We had objectors for it, we had a petition for it we also had a petition against it. The Planning Commission voted to deny it. I’m here representing them. Mr. Mayor: Okay, is the petitioner here? Yes, ma’am, and actually if you could state your name and address for the record and keep it to five minutes, please, ma’am. 18 Ms. Speaker: My name is Makebia Pryor. I live at 2993 Walden Drive. My name is Loretta Ferguson and I live at 2605 Polo Court Augusta, Georgia. Yes, we’re trying to open up a Personal Care Home of 1923 Kissingbower Road. This is our second attempt and our second home that we’re coming up with that we can’t get approval. Mr. Mayor: Okay, do we have any questions? Reverend Hatney. Mr. Hatney: I’d like to ask Mr. Patty a question, Mr. Mayor, if it’s --- Mr. Mayor: Mr. Patty. Mr. Hatney: Mr. Patty, I know you represent, are representing the wishes of the Planning Commission. But before us would you recommend this spot or would you not? Mr. Patty: Well, these things are --- Mr. Hatney: The reason I asked the question I went out and I looked at it. Personally from my perspective out of all the places I’ve seem them try to get personal homes in Augusta this is the best spot I’ve seen. And I sent inside. There’s plenty of room, I don’t understand what the problem is. Mr. Patty: Well, as you know I mean we have a lot of objections to these. There’s obviously a need for them based on the aging of the population and the health care facilities in the area. We’ve got a lot of them, probably more than any other place in the state. We very often get objection and in this case this house is 1,700 square feet, it’s three bedroom, two baths. They’ve testified it’s two baths even though the tax records indicate it’s one. It’s a relatively large lot. It’s on a collector’s street. I mean you know there’s plenty of area for parking given that these types of facilities do not attract a lot of parking. They don’t have a lot of need for parking spaces so there’s plenty of area for parking relative to most of them we see. I didn’t personally see sufficient reason to deny them but like I say I’m here representing the Planning Commission. Mr. Hatney: Okay, thank you. Mr. Mayor: Okay. Would you like to make a motion or anything on that? Mr. Hatney: I’d like to make a motion that we accept this because going out there looking at this place I don’t see, I didn’t see any reason why not to. Looking inside and outside and somebody said there weren’t any parking spaces but I took the truck I drive and I turned around three or four times in the same lot. So there’s plenty of space out there and it’s sits on a corner. It’s a unique spot. It’s on the corner of Elkins and Kissingbower Road so from my So I recommend we approve it. perspective I think it’s good spot. Mr. Mayor: Is there a second? 19 Mr. Lockett: Second. Mr. Mayor: Okay, we have a motion and second. Commissioner Lockett then Commissioner Brigham then Commissioner Bowles then Commissioner Smith. Mr. Lockett: Thank you, Mr. Mayor. I just wanted to echo what Commissioner Hatney said. I also went by and took a look at it and I thought it was an ideal place for a Personal Care Home. And like was said there are commercial entities. There’s a barbershop, there’s a, about a quarter of a block down the street there are other businesses and there’s lots of space. So if this place is not suitable we don’t have any place in Augusta Richmond County that is suitable. So I highly recommend that it be approved. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Mayor, I’ve got a couple of things. One we hadn’t heard from any of the objectors. Evidently there were objectors present. And Mr. Patty, my understanding the Zoning Commission voted unanimously against this? Mr. Patty: No, there was one opposed to the motion. Mr. Brigham: There was one for it and the rest of them voted against it? And how many people are on the Planning Commission? Mr. Patty: Twelve. I think there were ten there that day. Mr. Brigham: So it was a 9-1 vote? Okay. I think we ought to at least hear from the objectors, Mr. Mayor. You know the railroad’s getting running pretty quick here. Mr. Mayor: Okay, do we have any objectors? Anybody that would like to speak on behalf of the objectors? Yes, sir. If you could come forward and state your name and address for the record as well and keep it to five minutes as well. Mr. Speaker: I’m David Dorminey, 1922 Kissingbower Road. Thank you for the opportunity to speak with you guys today about this. I’ll start off by saying that my family has owned and/or lived in the Kissingbower Road area for over fifty years now. And we have a vested interest in this neighborhood and we’d like to preserve what’s left of a decent single- family residence neighborhood. We think that the Personal Care Home is not the best use for this property. It devalues the property surrounding it and the request we think is in violation of the Planning and Zoning Commission ordinances. And we believe that this request is in violation of the planning ordinance code due to a couple things. One is high crime in the area and number two other personal care homes in the area. The comprehensive zoning ordinance section 26-1 (h) 3 prohibits a Family Personal Care Home to locate in a high crime area. The Commission may not be aware that within the past year, just within a half-mile radius of this property there were over 1,000 criminal cases reported by the Richmond County Sheriff’s Department. And these crimes include robbery, criminal trespass, grand theft auto, cocaine and other drugs, burglary aggravated assault, kidnapping, homicide and arson. The four main roads 20 that border this property are Kissingbower, George, Haney and Elkins. And within the past year there have been 101 criminal cases just on those roads alone. Even a larceny was reported at st 1923 Kissingbower just last year on November the 1. I have personally witnessed drug deals, prostitution in the front yard of 1923 Kissingbower. The Commission may also not also be aware that this is a very transient area and it’s a high volume of foot traffic with a criminal element always looking for opportunities. And I believe that by approving this Personal Care Home in my opinion you’re inviting further criminal activity by providing a very attractive target to these individuals. The second reason that we believe this request violates the zoning ordinance is due to other Personal Care Homes in the area. According to the zoning ordinance 26-1 (h) 1 and additional Personal Care Home may not be approved if other Personal Care Homes exist in the immediate area. And actually there are two. There are two that are operational within the 1200-foot range. And the first one is Brooks Manor at 1951 Milton Road and the second one is Brown’s Helping Hands at 206 Busbia’s Avenue. The other point I’d like to quickly make is the volume of traffic. Most of the homes in the area are single-family homes and I’m concerned about the constant flow of traffic to and from this property. If it is a Personal Care Home there’s going to be staff, there will be family, visitors, emergency vehicles coming in and out of the property all hours of the day and night. I’d like to wrap this up by asking the Commission not to approve this application for the Personal Care Home for the reasons that I’ve already stated which are, and two of them, which are in violation of the Planning Commission’s ordinance. And that’s high crime in the area and also other Personal Care Homes in the area. I can tell you there are other property owners in the area who do oppose this application and some are present here today. Those who were not able to attend have signed a petition and/or sent emails to the Commission members to voice their opposition. Having knowledge of this combined information I’m confident that the Commission will make the informed decision not to approve this application. Thank you very much. Mr. Mayor: Okay, thank you, sir. Commissioner Bowles then Commissioner Smith then Commissioner Johnson then Commissioner Lockett. Mr. Bowles: I’d like to hear from George Patty in response to the two ordinances and basically a summary on why the Planning Commission voted the way they did since they deal with these issues on a more detailed basis than the Commission does. Mr. Patty: The zoning ordinance has some objective and subjective criteria that have to be met. And one is that there can’t be another Personal Care Home in a 1200-foot radius of the proposed location. In this case 1951 Milton Road, I’ve got a, we sent License and Inspection out to, based on the allegations we sent them out to inspect. 1951 Milledgeville Road, I’m sorry Milton Road according to them is more than 1200 feet from this property. And 206 Busbia Avenue, they went out they went inside the home, inspected it, a man’s living there, it’s his own personal residence. There is no Personal Care Home at that location. As far as the criminal cases that’s, you know that’s subjective and there were according to the information we got from the Sheriff’s Department there were twelve criminal complaints logged against individuals on the 1900 block of Kissingbower Road which you know is a lot. I mean I don’t know that that qualifies it as a high crime area compared to some other areas but that is one consideration. That’s a good bit and there were some thefts and some pretty bad things that happened up there. All that was (unintelligible) and any zoning action is a balancing test and you know you’ve got a 21 lot of federal law that makes us, that requires us to give, what’s the name of the clause Andrew. Special consideration. You’ve got to make special accommodations for these kinds of units. There’s a lot of case law to that affect. We do, we approve most of them in spite of the fact that we have objectors to them. So we conduct a balancing test and we look at the positives which where the house seems to be in an area that’s you know what you’d b e looking for. The property’s bid enough, the house is big enough, it is on a collector road versus a local street and we convert that to the only down side we could see which was there were some criminal complaints in the area like there are in all areas and I think you know that calculations to the planning commissioners came up negative that they, that it shouldn’t be approved. Mr. Mayor: Okay. Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. My reason for wanting to deny is different from everybody else. My family moved in that home in 1938 and we lived there all of our lives until my parents passed away a few years ago and then it was sold. But that’s my reason for wanting to deny. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. From a legal perspective I guess Andrew I want to find out technically based on what the objector said of course the crime and things of that nature and also their point of view as far as, and I think Mr. Patty addressed that. Is it anything legally in there that says that we shouldn’t approve this or based on what he was saying in reference to the code and ordinances that’s in place? Because I don’t think based on that they didn’t find anything within 1200 feet. So legally it’s not anything binding us from approving it. Am I correct? Mr. MacKenzie: George might have some of the specific details on the requirements. But it’s my understanding that there’s a balancing test that’s applied. And what that means is you can look at a number of different factors. Some of those are specifically listed. High crime is one of those. Also the number of other similar homes in the area and there’s a physical distance requirement, which was what was referenced and then mentioned. What that does is give discretion authority to the body that’s deciding these facts to determine whether or not it is a high crime area and whether or not that factor. Among the other factors to be considered is one that would lean towards not approving it. On the other hand you can look at the other facts and make a decision to approve it. The factual determination as to whether or not it should be approved or should not be approved. Mr. Johnson: Mr. Patty, now you did say that there was nothing within 1200 feet of that residence, I mean of that property correct? Mr. Patty: That’s correct. Mr. Johnson: What was it before they applied? Was it a commercial, was it zoned commercial? 22 Mr. Patty: The property, it’s a rental house. Mr. Johnson: It was a rental house? Okay. Mr. Mayor: Okay. Any further? Commissioner Aitken. Mr. Aitken: I’d like to know a little bit about the petition itself as far as those that have signed those petitions for or against the project. Mr. Mayor: Do you have a copy of that petition, sir? So we have copies of the petition for and against. So that’s the petition --- The Clerk: For. Mr. Mayor: For? The Clerk: It’s the petition against. Mr. Mayor: Okay. Okay we’re now seeing the petition for it against. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Mayor. I believe last week at our meeting one of my fellow commissioners indicated that you can’t really deny a person and opportunity to make a living unless you have some valid reasons. So far we’ve heard those that are opposed. And we’ve seen the names of those that are in favor of this. You know the people that want to locate this Personal Care Home I’m quite sure they considered the crime. Because if any of the residents are injured or hurt or worse case scenario are killed well then they’re going to have a major problem. As been discussed earlier there are already commercial entities on that street. And what Mr. Patty said is we had people to go out and take a look. And it appears that those people that went out and take a look was after the fact, after the Planning Commission had already made a decision. It looked like they based their decision on counting the number of objectors and the number of people that were for it. There is no reason that I can see legally or otherwise that this request cannot be denied can be denied. Thank you, Mr. Mayor. Mr. Mayor: Commissioner Hatney. Mr. Hatney: No refection but when I look back at the ones that were against it I saw a signature and then I saw a line had been drawn. And I don’t see you can do that with a signature. So you really didn’t have about three folk of actual live objectors because if you look back at the signature area, see that line? Mr. Speaker: The signatures were added after --- Mr. Grantham: They’re on the next page. Mr. Hatney: How do you do that? 23 Mr. Mayor: That’s the list of names on the second page. That’s the signature. Mr. Hatney: But they don’t have no address here though. You got one address here, the rest of them don’t have no address just a signature. Mr. Speaker: (inaudible). Mr. Hatney: How do you swap stuff around like this though if you’re trying to confirm something? You know if you’re going to put your name down and your address your signature goes opposite it. You’ve got space here on this. Right here it says owner, then you get your name, you’ve got your parcel and your name and then it says signature. And yet you got see original a whole line drawn with no signature. This doesn’t make a lot of sense to me. In legal documents you don’t put signature in another place after you put everything else. Mr. Mayor: Okay. Mr. Hatney: That’s my concern. Mr. Mayor: Okay. Commissioner Smith. Mr. Smith: I don’t, this line that was drawn and the names that were under it all these people I know and they do live in the area. I don’t know why they didn’t put their address down there but they do live there. Mr. Patty: I can answer that. The petition that we were given at the Planning Commission meeting did not have the addresses it just had the signatures. And we notified the objectors that that probably wasn’t going to be a valid petition without all that information together in one place. So they probably came back and did it that way. Mr. Mayor: Okay. Mr. Brigham: Call the question, Mr. Mayor. Mr. Mayor: Okay, Commissioner Brigham has called for the question. We have a motion to approve and a second. I’m sorry, ma’am, the question has been called for. So we have a motion to approve and a second. With no further discussion Commissioners will now vote by the usual sign. The Clerk: The motion carries 4-6 with Mr. Aitken voting yes, Mr. Johnson, Mr. Lockett and Mr. Hatney. Voting No, Mr. Bowles, Mr. Mason, Mr. Jackson, Mr. Brigham, Mr. Smith and Mr. Grantham. Mr. Mayor: Wait a minute she said the motion carried 4-6, the motion would’ve --- The Clerk: Failed 4-6. 24 Mr. Mayor: Okay. Mr. Mayor Pro Tem. Mr. Mason: Point of Privilege. I should’ve marked yes is what I actually wanted to do. The Clerk: Do you want to change your vote? Mr. Mason: I do. The Clerk: Okay. Mr. Mayor: Okay, just to make sure everybody’s clear on this. The motion Reverend Hatney was to --- Mr. Hatney: Approve. The Clerk: Approve the petition. Mr. Hatney: Approve the site. Mr. Mayor: Okay. The Clerk: To approve the petition. Mr. Mayor: To approve the zoning change. The Clerk: Okay, so we’ll vote. Mr. Mayor: Okay just to, yeah let’s revote that. Mr. Brigham: Let’s have a roll call vote, Mr. Mayor. That way there won’t be no doubt. Mr. Mayor: Okay. Madam Clerk, roll call vote. The Clerk: We’ll get you roll call vote. Mr. Brigham: Thank you. The Clerk: You’re welcome. Let me get my roll call sheet if you don’t mind. Mr. Brigham: Yes, ma’am, take your time. The Clerk: Yes, sir. Mr. Hatney: Will you cite my motion again there please? 25 Mr. Mayor: Yes, sir. The Clerk: All right Mr. Aitken. Mr. Mayor: And before let’s just make sure so everybody’s clear on what we’re voting on. Commissioner Hatney, your motion was to --- Mr. Hatney: My motion in to approve the site that has been designated by the petition that those folks have put forward. Even though the Planning and Zoning didn’t, Mr. Patty himself said he recommended them for approval and that he recommends to us that it should be approved. And then he also further denied the fact that there were another two in the area when there was only one and that was beyond 1200 feet. So mine is to approve the site that is petitioned by the petitioners who want to build a Personal Care Home. Mr. Mayor: Is to not concur with the Planning Commissions vote and to approve the rezoning petition for rezoning of the site. Mr. Hatney: That’s it. Mr. Mayor: Okay. The Clerk: Mr. Aitken. Mr. Aitken: Yes. The Clerk: Mr. Bowles. Mr. Bowles: No. The Clerk: Mr. Brigham. Mr. Brigham: No. The Clerk: Mr. Grantham. Mr. Grantham: No. The Clerk: Mr. Hatney. Mr. Hatney: Yes. The Clerk: Mr. Jackson. Mr. Jackson: No. The Clerk: Mr. Johnson. 26 Mr. Johnson: Yes. The Clerk: Mr. Lockett. Mr. Lockett: Yes. The Clerk: Mr. Mason. Mr. Mason: Yes. The Clerk: Mr. Smith. Mr. Smith: No. The Clerk: Okay, Mr. Mayor. Mr. Mayor: Okay, once again Mr. Patty. And I know this is all subjective but you and your initial recommendation to the Planning Commission you advised approval. Correct? Mr. Patty: Correct. Mr. Mayor: Okay, I will go with Mr. Patty’s recommendation and vote Yea. The Clerk: The motion carries with the Mayor voting Yes. Mr. Bowles, Mr. Jackson, Mr. Brigham, Mr. Smith and Mr. Grantham vote No. Motion ties 5-5. The Mayor votes Yes. Motion carries 6-5. Mr. Mayor: Madam Clerk, next agenda item. The Clerk: PUBLIC SERVICES 32. New Application: A.N. 10-09; request by Nirav K. Shah for a retail package Liquor, Beer & Wine license to be used in connection with Mataji, LLC DBA Inwood Spirits located at 2940 Inwood Drive Suite B. District 5. Super District 9. (No recommendation from Public Services Committee March 8, 2010. Mr. Mayor: Mr. Sherman. Mr. Sherman: The License Department and the Sheriff’s Department have reviewed the application and recommend that it be approved. One of the requirements in the alcohol ordinance is that liquor stores be spaced at least one and a half miles apart. In this case it does 27 meet that requirement. It meets the requirement for the distance to a library or a playground and also to the distance to school. The Sheriff’s Department has reviewed the application for the character of the applicant, reputation and character of the applicant and also recommends that it be approved. There’s some objective criteria you can consider. The location if you think it will have a negative impact on the neighborhood. Or if you think that minors will congregate at the location. This is at the corner of Inwood and Deans Bridge Road. It’s a storefront that has; it’s a building that actually has two storefronts. One is a convenience store. Across Inwood to the north of this property there’s a mini warehouse. And again we recommend that it be approved. Mr. Mayor: Okay, do we have any questions? Do we have a motion? Mr. Lockett: Mr. Mayor, please? Mr. Mayor: Excuse me. Commissioner Lockett. Mr. Lockett: Mr. Mayor I have spoken with several people that oppose this and I also went out and surveyed the community to where this store is located and so forth. And I can understand not wanting alcoholic beverages served in the neighborhood. But even though this is in my district and I want to support my constituents but in this particular case I can’t because there’s no ground whatsoever to deny a license for that particular business. Mr. Mayor: So would you like to make that --- Mr. Lockett: So moved. Mr. Mayor: --- with a motion to approve? Is there a second? Mr. Brigham: Second. Mr. Mayor: Okay, now I know that we do have some objectors to the petition here. Yes, ma’am. Ms. Speaker: And the reason I say we don’t need that --- Mr. Mayor: And, ma’am, if you could just come forward and state your name and address for the record and keep it to five minutes, please. Ms. Speaker: My name is Barbara Taft and I also have a petition that was flying throughout the neighborhood saying that they don’t want it. The reason I say that we don’t need this, we have a high crime area now and the people there are older and we also have a lot of people that moved in there from the project department. And you know it’s just hard to try to keep our neighborhood together and straight. We have drugs out there anything you name we have it going on out there. And you know we have a lot of older people that don’t want this kind of thing going on in our neighborhood. It’s just hard to really live there. And I’ve been there for thirty-five years. And you know I’m too old to move because I mean you know with the income from the Social Security and stuff it’s not enough to buy a new place. So and we have small 28 children and everything out there too. And you know they’re going to wander to the store and then they’re going to be right there with the liquor and beer or whatever. And then we also have a vacant lot over there where we have people hanging out. They’re hanging out now and I’m sure when the liquor starts flowing it’s going to be even worse. So I don’t know, you know whatever we can do, you know to try and save our neighborhood. Mr. Mayor: Okay, thank you, ma’am. Are there any further questions or, Commissioner Smith. Mr. Smith: Where is Celeste Drive? Ms. Speaker: (inaudible) Mr. Mayor: Okay. Commissioner Lockett, you wanted to speak? Mr. Lockett: Yes, Mr. Mayor. What she indicated about and this is something we need to talk to the owner about there is a vacant lot that’s right next to the parking lot. And they have tractor-trailers that park out there. And it seems that people are just throwing their garbage and so forth. But anyone with a license must understand that just because she’ll give them a license doesn’t mean you can keep it forever. If there are violations and complaints to the neighborhood there could conceivably be grounds for revoking their license. Thank you. Mr. Mayor: Okay. Commissioner Aitken. Mr. Aitken: One comment to that, too, Commissioner Lockett. I think too as we look at these establishments in our community and the loitering issues that we face I think it’s not only there but I think it’s around. And somewhere we have to start enforcing those in a way that will recon we’re sensitive to the issues there. And I think when people are in violation that’s when we call them in and do what we need to do as a Commission to move them in that direction. So that’s my comment for that. Mr. Mayor: We have a motion to approve and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Smith votes No. Mr. Hatney abstains. Motion carries 8-1-1. Mr. Mayor: Okay, Madam Clerk, our final agenda item. The Clerk: ADMINISTRATIVE SERVICES 33. An Ordinance to amend the Augusta, GA Code Title One Section 1-2-2 relating to the time and place for Commission and Committee meeting of the Augusta-Richmond County Board of Commissioner; to repeal all Code sections and Ordinances and parts of Code 29 sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (No recommendation form Administrative Services Committee March 8, 2010. Mr. Mayor: Would anybody like to speak to this issue or make a motion on this issue? Mr. Hatney: Move for approval. Mr. Mayor: We have a motion for approval. Is there a second? Mr. Jackson: Second. Mr. Mayor: That was Commissioner Hatney. The Clerk: Mr. Hatney and who seconded? Mr. Jackson, okay. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: Mr. Mayor, there’s been a lot of talk on this and I’d prefer the meetings at . But I’d six but I don’t always get my either so um, I think I’ve got somewhat of a consensus like to make a substitute motion to change only the Commission meetings not the Committee meetings to five o’clock. I’ll make that in the form of a motion. Mr. Mayor: Is there a second on that? Mr. Johnson: I can second that motion. Mr. Mayor: Okay, we have a motion and second. Andrew. A substitute motion and second. Mr. MacKenzie: I just want to briefly advise the Commission as well. When I drafted this I made it very broad and open. There is an additional provision in here on Section D that changes the time of the Legal Meetings. If you want me to scratch that out I have no problem doing that. But I just wanted you to be aware of those as well. Mr. Bowles: And then scratch ‘D’ and make that as needed. The Clerk: Okay. Mr. Mayor: You’re including that in your substitute motion Mr. Bowles? Mr. Bowles: Yes, sir. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Yes, just for clarification. To become effective when? Do we have a timeline or when is it? 30 st Mr. Bowles: I believe it’s April 1. st Mr. Johnson: April 1? When is the first Commission meeting in April? Mr. Mayor: I think it’s --- st The Clerk: April 1. st Mr. Mayor: --- April 1. st Mr. Johnson: April 1, okay. Mr. Mayor: And just to clarify that would be April Fools Day, for the benefit of all involved. Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. And I think everyone knows my feelings about changing this time and as I have discussed and talked about it. But you know when we talk about changing ordinances I’m concerned because I’m not fully aware of the amount of people and the amount of constituents out in our community that have indicated they’re requesting a change of time in order to come down. And therefore I think we would be wise since it does appear that the consensus of this commission is to change it to do this on a trial basis and get an idea over the next three months as to how this will play into serving our constituents and our voters. And then if we need to come back and change this ordinance then we could do that. But I think now would be a good move in giving this a trial and making sure that’s the way we want to go. And if we’re going to change the Commission meeting and I notice as our Attorney did speak we did have the Committee meeting changed. What’s different in the Committee meeting that’s different in the Commission meeting? I don’t follow that rule of thinking because if you can be here one day at five o’clock you ought to be able to be here the next time at five o’clock. Or you know why are we changing just one section of our business that we have to. So I think we ought to do it on a trial basis. I know there’s a substitute motion on the floor and I can’t put that in place but I’d certainly like to see that put in that substitute motion request that we do it on a 90 day trial basis before we come back and change these ordinances. Mr. Mayor: Okay I’m going to recognize Commissioner Hatney but I know Ben Hassan who’s here actually did do, well do a little polling on this. And so I just, which he was nice enough to share with the Commission. So I would like to call on Mr. Hassan if you have that information with you to come forward after I recognize Reverend Hatney. Commissioner Hatney. Mr. Hatney: And the ordinance itself is actually to, this ordinance is drawn up after the vote had been taken to move both the Committee and Commission to five o’clock. So it’s always been agreed upon to move the ordinance is just ratified to be ratified. So if we’re going to vote I don’t have no problem with the trial part for 90 days, six months? Mr. Bowles: The way I stated --- 31 Mr. Mayor: Commissioner Bowles. Mr. Bowles: --- my motion or the way you stated your motion? Mr. Hatney: The motion initially when we voted for was to move both. He was supposed to draw up an ordinance to --- Mr. Bowles: To that effect. Mr. Hatney: --- to that effect, yeah. Mr. Bowles: Well, I stand by my motion. Mr. Mayor: Okay. Okay, Mr. Hassan, if you wouldn’t mind sharing the polling information that you just did, that you had shared with the Commission. Mr. Hassan: Good evening. The name is Ben Hassan, host of Comcast Community Concerns. What I did and when you initially had this subject of discussion of couple of months ago, about a month and a half ago about changing the time I think around 6:00 p.m., I initially on my website instituted a survey. In the survey the question I posed to the community was if the Commission meeting was moved to 6:00 p.m. would you most likely attend the meeting. Well by way of my website as well as me moving around to beauty and barber shops and polling people inside of there a total of 173 people that polled I think 133 of those said yes they would most likely attend the meeting. Forty of them said no. If you break that down percentage wise that would be 77% of the people said yes they would most likely attend the meeting if you had it at 6:00 p.m. and 23% said no. That’s the basis of my survey and I forwarded that survey to the commissioners. I think Reverend Hatney might have came back and I think Fred Russell might have came back and I think Ms. Bonner might have given it to them. But other than that I think all the Commissioners as well as the Administrator as well as Ms. Bonner have that survey in hand. Mr. Mayor: Thank you. Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. I think most people know my stand and I think there was a deal cut before the election because the Committee Chairman was changed and I sincerely believe that. And I think it’s wrong but if it votes up than so be it. But that’s my feeling. Mr. Mayor: Okay, we have a motion and a second, a substitute motion and a second. Madam Clerk just for the benefit of all involved if you could read the substitute and second back. The Clerk: The substitute motion was to approve changing the commission meeting only st to meet at 5:00 p.m. effective April 1 with the scratching/deleting Section D. 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. 32 The Clerk: Mr. Lockett, okay. Mr. Lockett: I’m trying to figure out what the motion was. The Clerk: Did you figure it out? Mr. Lockett: No. The Clerk: It was to approve changing the meeting time for the commission only for st 5:00 p.m. effective April 1 with the scratching of Section D, deleting Section D. Mr. Aitken, Mr. Lockett, Mr. Smith and Mr. Grantham vote No. Motion carries 6-4. Mr. Mayor: Okay, thank you, Madam Clerk. And I believe that is all the business on the regular agenda. Mr. Attorney, do you need a Legal? Mr. MacKenzie: Yes, we Legal to discuss pending and potential litigation as well as real estate. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDENDUM 36. Motion to approve going into a Legal Meeting. Mr. Mayor: Can I get a motion to go into Legal? Mr. Brigham: Mr. Mayor, can we also do security to the building while we’re in there? Mr. MacKenzie: I have no problem with that? Mr. Mayor: Okay. Can I get a motion to go into Legal to discuss those matters? The: Potential and pending litigation, real estate and security of the building. Mr. Mayor: Do I have a motion? The Clerk: No, sir, not yet. Mr. Johnson: Motion to go into Legal. Mr. Mayor: Do I have a second? 33 Mr. Brigham: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Smith and Mr. Grantham vote No. Motion carries 8-2. Mr. Mayor: We are in Legal. [LEGAL MEETING] Mr. Mayor: Okay, in checking we do have a quorum. I’ll go ahead and call the meeting back to order. 37. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Hatney: So moved. Mr. Mason: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Smith and Mr. Grantham out. Motion carries 8-0. Mr. Mayor: And I believe we had one item to add and approve. Please, sir. ADDENDUM 35. Motion to approve the acquisition of property located at 4338 and 4340 Dean Bridge Road for a total purchase price of $135,000.00 and to authorize the Mayor and Clerk of Commission to execute such documents as necessary to consummate the transaction, all in form as approved by counsel for Augusta, Georgia. Mr. Mayor: Can I get a motion to that effect? Mr. Johnson: So moved. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. 34 Mr. Grantham and Mr. Smith out. Motion carries 8-0. Mr. Mayor: One more, Wayne. ADDENDUM 34. Motion to approve and adopt the attached resolution authorizing the purchase of properties located at 1817 and 1819 Carmichael Road as shown on the attached plat from W.R. Toole Engineers, Inc., for a total purchase price of $82,300.00 ($40,000.00 for 1817 Carmichael Rd. and $40,300.00 for 1819 Carmichael Rd.) and to authorize the Mayor and Clerk of Commission to execute such documents as necessary to consummate the transaction, all in form as approved by Interim General Counsel for Augusta, Georgia. Mr. Mayor: Can I get a motion to that effect? Mr. Hatney: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual sign. Mr. Smith and Mr. Grantham out. Motion carries 8-0. Mr. Mayor: Thank you, everybody. 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 March 16, 2010. ______________________________ Clerk of Commission 35 36