HomeMy WebLinkAboutCommission Meeting - October 5,2010
REGULAR MEETING COMMISSION CHAMBER
OCTOBER 5, 2010
Augusta Richmond County Commission convened at 5:00 p.m., October 5, 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 Dr. Dwayne Carter, Pastor, Calvary Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: --- for you. Thank you for that wonderful invocation. By these present be it
known that Dr. Dwayne Carter, Pastor Calvary Baptist Church is Chaplain of the Day. For his
civic and spiritual guidance demonstrated throughout the community. Serves as an example for
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all of the faith community. Given under my hand this 5 Day of October 2010. Deke
Copenhaver, Mayor. All righty, Madam Clerk, on to the delegations.
The Clerk:
DELEGATIONS
A. Dr. Adam Hoover. RE: Public safety and drug dealing on Telfair Street.
Mr. Mayor: Yes, sir. And if you could keep it to five minutes, please, sir.
Dr. Hoover: I will. Good evening. Thank you for allowing me to speak to you today. It
is truly an honor to address our government leaders because I’m grateful for your service to this
great city and it is for the sake of the peace of this city that I bring a very pressing matter before
you today. My name is Adam Hoover. I grew up in Augusta and I’m currently an internal
medicine physician at the Medical College of Georgia. I’m married and I have two children and
a third due any day now. I own my home at 225 Telfair Street and have lived in the Old Town
neighborhood for over six years. I love our neighborhood just as I do our city. Across the street
from me live our close friends the Medlin’s. Jason is a teacher at Laney. Next door the Wilkins’
are renovating a house they will soon move into. Glen is a ministry leader at First Presbyterian
Church. Seven beautiful children less than five years old belong to our families. They are the
future of Augusta. On our block also live other teachers, business people, college students,
young professionals. It is a center of phenomenal outreach to at risk children who are finding
hope through the work of Glen Wilkins. There is much to be expected from the second block of
Telfair Street in the coming years. There is however a horrible blight and danger amongst all the
good previously mentioned. 232 Telfair Street directly across the street from us is a center of
drug dealing, prostitution, loitering and behavior intended to intimidate law-abiding citizens.
Over the last year I’ve called the police dispatch over 100 times. I’ve discussed the property
with our Narcotics Office. I have spoken with the landowner on at least five occasions. I have
spoken with the drug dealers myself. I’ve called code enforcement, I’ve held neighborhood
meetings and I have been in regular contact with our commissioner Matt Aitken who has
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diligently worked on this problem at a governmental level. In affect I have made every effort to
resolve this disgrace to our street. I am however sorry to report that the drug dealing goes on as
unhindered as ever despite multiple police raids, despite an adjacent drug house being recently
condemned. Despite every effort. In fact the more I push the more hostile my neighbors
become. Indeed it was only a month ago that a threat was made against my life by one of the
drug dealers. In a year’s time we have endured the constant drug dealing, reckless driving, drive
by shootings, gang signs painted on our trees and the like. But a personal threat, which was
unprecedented, and it was profoundly unsettling. For me and my family this was a line in the
sand. We asked ourselves will we hold our ground or will we retreat. For the sake of our
neighborhood we will stay. We will continue to work for the progress of our street, our
neighborhood and our city. Truthfully at times I would rather jump ship but then how will I
teach my children to be leaders, to have courage to demonstrate impeccable character to do good
in this broken world. What I do realize now however is that I cannot solve this problem. Indeed
our neighborhood cannot solve this problem. We need the resources, the power, the influence of
our government and its leaders to stand in the gap for us. As a community we must strive to
solve the majority of our problems ourselves. But finally I have concluded that the men who
perpetrate this form of organized crime are too dangerous and too shielded to be dealt with
effectively by their relatively vulnerable neighbors. Their threats are not idle and for this reason
I am asking you the Commission of Augusta Georgia to fulfill that sacred and most basic role of
every free government to protect and to serve the citizens under you governance. I beg you
deploy the resources of our government that are designed to reflect and absorb the danger that is
aimed at my family and other families. Bring the fullness of the law to bear upon this threat to
our city. Don’t allow this to persist only three blocks from where we now sit. It is within your
power if it is within your will as a commission but it will require a strategic response. The
response I’m asking for is not a host of squad cars to descend in mass upon this property. For
reasons I do not have time to elaborate upon this strategy always fails and it only heightens the
threat level for people like myself because they blame us for getting roughed up by the police
and they are invariably back to their business within two or three days. Additionally simply
arresting these men will not suffice either. It’s the likelihood of meaningful conviction is low
and there is always another dealer to fall in line. To solve this problem a strategic response is
called for and the property itself must either be managed with justice or it must be reclaimed. In
closing I thank you for your time and attention and would be happy to serve our city in any
possible to solve this and any other problem that hinders the progress and goodness of our city. I
presented a grave problem but I desire to be involved in a solution finding process. Please
consider utilizing my experiences and ideas as you move forward. I want to be involved. Thank
you.
(APPLAUSE)
Mr. Mayor: Thank you so much. Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. I’d like to follow up on just some of the things he
talked about, Mr. Hoover. And I will say that that is one of the issues that I face in District 2 as
well. And of course we have it throughout the city of Augusta. Unfortunately it’s not a problem
that we can put a clamp on and do something ASAP to make it go away because of course
there’s so much of it and we don’t have enough resources to do it. Not only that we don’t have
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the jurisdiction over the Sheriff’s Department. A lot of people don’t understand the balance of
the Sheriff’s Department and the Commission. Before consolidation we had the police
department which just like we have a fire department, which answers to the Mayor and
Commission. We don’t have that same process anymore and I tried to explain at least try to
educate the constituents that we, although we have a good relationship with them we can’t
mandate what they do. However they do work well with us. We have an issues they’ll come out
they address the issue as much as possible. But this is something that we got to try to do as a
community. Of course they done it up in Barton Village and some of the other areas. We don’t
have too many neighborhood watch programs anymore but these are the things that we got to get
back to. Of course we don’t have the neighbor hoods anymore because as you know most people
call them hoods now. But we got to get back to the basics and I think that’s where together we
can do something to put a hamper on this problem. So I do appreciate you coming forward with
that but I think it’s something that you know and I’d like to get with you on and work with you
as well and maybe come up with some ideas about some things across the table and hopefully we
can come up with some viable solutions to try to start to deter some of these guys out of there.
Because you’re right the minute you get rid of one another one pops up and of course fills the
shoes of that person. So it’s just an ongoing problem. But together I think we can put some
clamps on being able to do it in these areas and get you know the integrity back in our
communities. So thank you for that and you all have my support.
Dr. Hoover: Mr. Mayor, can (inaudible).
Mr. Mayor: Sure.
Dr. Hoover: Thank you so much, Commissioner Johnson. And I recognize there is not a
strong arm that you guys can exert with many of our governmental agencies. But what you do
have is influence and influence is power. And I ask you to wield it for this most pressing matter.
This is from the bottom of my heart. I beg you and I plead with you. This is real for me and my
family and I would ask that the government take that role of absorbing the threat that is aimed at
me because when the government itself objects to and resists the movements of men that live
across the street from me it’s an impersonal force and one against which it’s hard to retaliate.
It’s easy to retaliate against the need.
Mr. Mayor: And can you do me a favor along those lines? If you can leave me your
name and phone number and the address of that house I’ll call you and I will come over there
and take a look at it with you. And I will also call the Sheriff on that as well.
Dr. Hoover: I will. (APPLAUSE) I have a copy of my statement with my contact
information.
Mr. Mayor: Right.
Dr. Hoover: May I leave it with someone?
Mr. Mayor: If you could, Karin is right through, hiding right through that door. If you
could leave it with her. Commissioner Bowles.
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Mr. Bowles: Thank you, Mr. Mayor. I’ll make it real quick. After going through the
chronic nuisance ordinance discussions for the last year and I see that this homeowner owns
seven pieces of property. And something tells me that the other six are identical to this one.
Somehow this body’s got to get to our local delegation to see if they can get the state government
to enforce holding landlords accountable because it’s irresponsible for that person to ruin this
neighborhood.
Mr. Mayor: Thank you, Commissioner Bowles. (APPLAUSE) All righty, thank you,
sir, and Madam Clerk, on to the next delegation.
The Clerk:
DELEGATIONS
B. Mr. Evans Harris. RE: The need to revitalize neighborhoods to help prevent criminal
behavior e.g. drug dealers and prostitution.
Mr. Mayor: Mr. Harris, if you could keep it to five minutes too, please, sir.
Mr. Harris: It won’t take that long. My name is Evans Harris. I live at 1631 Martin
Luther King Boulevard. I’m here not asking the Commission for too much just to pass the laws
that govern our city. I got houses there, they are vacant, they are violent, they are tore down and
they need to be condemned not repaired. I got lots grown up taller than me and I can’t get no
one to come through there and do it. And I thank Commissioner Johnson, I have a DVD of how
my neighborhood looks and it’s bad to come in at night and look at three abandoned buildings
with the doors wide open and I got to go in my house. I’m talking about (unintelligible) go
down, more drugs and prostitution and the scavengers coming by with those shopping carts
taking everything they can sell at the junk yard off these buildings. And I appreciate if ya’ll
could see that DVD that Mr. Johnson has and go through that and clean it up and condemn them
buildings.
Mr. Mayor: Thank you, sir. Commissioner Bowles.
Mr. Bowles: Mr. Mayor, I’m sorry I didn’t get your address.
Mr. Harris: 1631 Martin Luther King Jr. Boulevard.
Mr. Bowles: Okay, I’m just trying to figure out what area. I know it’s all over Augusta
but ---
Mr. Harris: It’s between Picquet Avenue ---
Mr. Bowles: Yes, sir.
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Mr. Harris: --- and 12 Street.
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Mr. Bowles: Thank you, sir.
Mr. Mayor: Commissioner Johnson.
Mr. Johnson: I have spoken to Mr. Harris and I do have the DVD and I’ll get that to Rob
Sherman as well. Dennis, is Dennis here? Dennis, could you step up to the podium? I just want
to address a few things. I know uh ---
Mr. Stroud: Yes, sir.
Mr. Johnson: Dennis, you and I talk quite often.
Mr. Stroud: Yes, sir.
Mr. Johnson: Probably more than you care to even mention. And I will say that at the
drop of a dime when a constituent calls me with a problem especially something I know we have
the power to deal with I do it. I just got an email this morning in regarding an issue happening in
Highland Park. And I called out to the landfill and talked to Mark Johnson. Mark got it taken
care of and the lady she emailed me back and told me thank you for your prompt response. This
is what I do. How many times I probably talk with you in a week, Dennis?
Mr. Stroud: Daily, probably four.
Mr. Johnson: So you get what I’m saying. The minute something comes in and it comes
through me of course I deal with it directly. Of course I love to get the information out to
Martha King. She does a great job down there at Augusta Cares. But these are things that I deal
with directly when they come to me because this is why people elected me in office. And I want
you to know if you have any concerns especially dealing with things like that and I talked to Mr.
Harris about it yesterday, give me a call and we’ll get with Dennis and we’ll them out there. If
there’s anything we can do we will do it right then. And if not then I’ll get with Rob and they’ll
start to look at who need to be contacted to get this matter resolved. But it’s just a matter of
giving us a phone call, giving us an opportunity to address it and deal with it and we’ll get it
done. And I talked to these guys quite often because it’s so much that’s going on in the district.
And not just in District 2 but it’s in District 1 as well. And it’s just older communities that have
neglected and as a result of it we have abandon we have blight we have condemnation and of
course with that comes crime and everything else. So by all means feel free to always contact
me. I know my fellow commissioners feel the same way. And these guys work very well with
us in making sure we address the problem and get it done. So I appreciate you coming forward
and we’ll get something. I got the DVD. I’ll get it to Rob as well.
Mr. Mayor: Okay.
Mr. Harris: I would like for all the Commissioners to come through there and just see
just how bad it is. It doesn’t make sense for no human being to have to live this way. And the
only person left there that I can say that ever came through and helped me was the Mayor
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Copenhaver. He came through, him and his wife and he come up there on the clean up and I
appreciate that.
Mr. Mayor: Thank you, sir. Thank you, sir. (APPLAUSE) Mr. Mayor Pro Tem.
Mr. Mason: Yes, thank you, Mr. Mayor. I went down and took a look at that area that
Mr. Harris is talking about. And not only just that area it’s uh, there’s a lot of areas around that
neighborhood that he’s talking about. And I think what we’re going to have to do, first of how
we have to prioritize it, put that as a priority to do. But in that area there’s so many homes that
are dilapidated. Some of them are boarded up some of them are not and you really have to take a
look at that in order for you to see the potential, the bad potential that could go on there. It could
be used and is used for any number of things from prostitution there’s drugs going on, smoking
dope on the inside. I mean any number of things going on in those properties. And the truth of
the matter is a number of those properties have been bought up even by prominent citizens in this
community. So there’s no reason why I don’t care what your last name is that those, those
properties should not be cleaned up and should not be maintained. So we have to get serious
about what we’re talking about here and we have to put a priority on that. Some of that rough is
so high was talking and I’m six foot three and it was taller than me. And it’s easy for criminals
or would be criminals to hide out and do different types of things as well. So I would encourage
as Mr. Harris said here for all Commissioners to go down and take a look at that particular area.
And anything that we can do from a standpoint of, Dennis, your shop there to go down and clean
up some of that it’s extremely important because if you clean out some of that brush it makes the
other areas a little bit more visible. And they may be less likely to go in a use it and have it that
particular area. So I would hope that we would look at those areas and there’s number of areas
around this city that are like that. But those, that particular area is worse than any that I’ve seen
in terms of the height of the brush and the stuff that is down there. So I would that we would
look at that as a priority and task the City Administrator to work with our appropriate
departments to get that done and get those addresses for those areas. And regardless of who they
belong to we need to hold people accountable for those properties that are down there that are in
disrepair. Thank you.
Mr. Mayor: Thank you, Mr. Mayor Pro Tem. Commissioner Johnson.
Mr. Johnson: Let me follow up with one thing. I will say that the minute I met with Mr.
Harris about a month ago I did call Fred Russell of course. And since then Mr. Harris I want you
to know that those properties across the street, and I did tell you yesterday that we have the two I
think there’s three of them there, two of them are going to be torn down very soon. So the
minute we talked I made, of course you know I made the phone call from your house. We got
those two properties on the list. They’ll be torn down very soon and this is a list here of how
many properties that I have been working on since I’ve been in office. There’s fifty-two homes
that’s been torn down since I’ve been in office. So I haven’t just been sitting idly by. I’ve been
working to get rid of these. But you know what? All these are blighted and abandoned
properties and there’s a lot of them. So it’s unfortunate we can’t get to all of them because it’s a
process and of course it takes money to do it. But we have been diligently working with code
enforcement, Rob Sherman as well as with the Administrator and those parties available to make
sure we do something about these properties, not just sit idly by and let them hand dilapidated.
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But we’ve been working to move them and Fred did get some commence to get some funding
through Housing and Community Development. We got ten units that’s going to be torn down
in just a matter of a few months or so. So we are working on it. I just wanted to add that to it so
you’ll know that these things are on the list and they will be done very soon.
Mr. Mayor: Thank you, Commissioner Johnson. Okay, thank you, sir. Madam Clerk, on
to the next delegation.
The Clerk:
DELEGATIONS
C. Trustee of Richmond Academy to discuss renovation of Old Academy Building.
(Requested by Commissioner Don Grantham)
Mr. Grantham: Mr. Mayor?
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. This was put on to discuss the renovation of the
Old Richmond Academy building, which is right across the street from the Municipal Building
on Telfair. This building at one time was used for the library. It is controlled by the Trustees of
Richmond Academy and has been granted the use of that building to the city for many, many
years on a lease arrangement for a dollar a year. With that being said this building’s been vacant
now since the museum was constructed and there are a lot of good venues that could be held in a
building such as that. Historically as it is and certainly in the condition that it is right now I think
we need to look into some renovations of that building. The land is available to be used for
outside activities and I feel like that with our Augusta Symphony, the arts department and people
that have been putting on quite a few occasions downtown could use this facility and charge a
service for it. And in doing so would be able to generate the funds that would help them
renovate the Miller Theater as well. So I put this out for information purpose and hope that our
Administrator would look into preparing something that he could relate to the trustees as well the
arts people that would be involved in doing that. So, Fred, if you could I think that would be
very much in order if that’s pleasing to the Commission.
Mr. Mayor: Mr. Russell?
Mr. Russell: Yes, sir, Mr. Mayor, members of the Commission. There has been some
discussion in the past week or so about this. As a matter of fact I had a brief discussion with the
symphony people today in reference to that. And I think it’s something we actually ought to
look at. There is a venue there that’s in a building that needs some repair. They had some
opportunity to do so with SPLOST dollars that have already been allocated for the Miller Theater
if they’d like to talk about that. So I think we’ve got a way to create a venue that we’d be able to
use, be able to be used by saving that building and create a venue we’d be able to use, be used to
raise additional money to meet the needs of the Miller as we move forward with that. So I think
there’s about twelve or thirteen moving parts in this issue at the moment but I think it’s
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something that would merit additional discussion. And if it’s your will I would like to go ahead
and look at that and see what we can actually put together.
Can I get a motion to direct the Administrator to proceed in that
Mr. Mayor:
fashion?
Mr. Grantham: So moved.
Mr. Jackson: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign of voting.
Motion carries 10-0.
Mr. Mayor: Magnanimous. Madam Clerk?
The Clerk:
DELEGATIONS
D. Ms. Sallie Rueggeberg. RE: Damage to property located at 102-104 Third Street.
Mr. Mayor: And if you could keep it to five minutes too, please, ma’am.
Ms. Rueggeberg: I will. Hello, my name is Sally Rueggeberg and I’d like to thank you,
Mr. Mayor and Commissioners, for allowing me to speak to you today. After so many huge
wonderful things that everyone else wants to do this is really personal to me. I’m almost
embarrassed to tell you about it but I’m going to anyways. We own property at the corner of
102-104 Third Street and this property we bought four years ago to put one of our children in to
let him go back to college and to take care of them while they were in school and to rent the
other side so that we didn’t crucify ourselves financially in the end. I bought this property. I
was a good, sound old property just like the one that we live in and we loved it and we fixed it up
and we took good care of it. And in about the summer of 2008 two years after we bought the
property we realized that one of the trees on the side of the property was just growing and
growing and growing and it had a huge arm that just hung right over the middle of our duplex.
So I called the gentleman with Trees and Landscape and I left a message. And I called again and
left another message and again and finally I did get hold of somebody and they did come out and
look at the tree. A great bunch of guys, seemed to be very nice willing to work wanting to take
care of the problem with the tree except for there was another problem. It did have some dead
stuff in it but it had green leaves all over it and they told me they were not allowed to disfigure a
healthy tree that has green leaves. I love trees, don’t get me wrong but this tree was scary. And
you can see that picture it’s just reaching out and that was two years before I actually asked them
to have it trimmed back on that side. Well, um, I knew I’d lose my place. Well, if you can look
at this you can see this is some of the rot that was up in the tree. And I’m not an arborist but I
did speak with one yesterday and I don’t know if the gentlemen with trees and landscape are
arborists or if they’re not but I mean this is something they told me on the day. They couldn’t
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cut it. They do watch their trees, they do take care of their trees and they do cut their trees down.
So I just trusted the city to do that. I didn’t know enough about it to do anything else about it. I
had two other companies come out and nobody wanted to touch that tree because it belonged to
the city. I had them cut down another tree that was my tree and they didn’t have any problem
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with that but that one they didn’t want to cut down. As luck would have it this past August 26
at 10:00 p.m. at night it was still, it was quiet, it wasn’t raining, the wind wasn’t blowing, that
tree just spontaneously fractured. It just went all over the place. Part of it went in the street but
the entire rest of it fell right on my property. This shot right here went right into my tenant’s
bathroom. If he had been using that bathroom there’s no question in my mind he would have
been killed. My daughter lives on the other side of the apartment and she was home alone when
this happened and it just terrified her. She didn’t know what had happened. She thought Al
Queda had started blowing up stuff in Augusta Georgia. But you know your mind goes
everywhere and it terrified her. She called the police, she called her Dad, her Dad called me in
Florida. I was away taking care of a relative and it was just very upsetting for everybody. And
we didn’t know what do to. Trees and Landscape came back. My husband was there. He stayed
on the scene for me because I couldn’t be there and all of guys came up to him and they
introduced themselves and two of the men, it was the same crew that had come out in 2006 they
all remembered the tree. They all remembered me begging them to please cut that limb back and
they all remembered telling me they couldn’t because it was a green leafy tree. If you’ll notice
this is a green leafy tree on top of this building. It just was rotted to the core all the way down.
So far the estimated damages are over $50,000 dollars to the property. They haven’t finished
because they keep finding more damages. They go along and they pull off the roof and they just
had to practically redo everything. I’ve had to put my tenants someplace else. I’ve had to take
their dogs. They’re actually going to stay in our home for the next ten days because we’re going
to go someplace else. I mean we’ve just done everything we can. Now I’m going to mention a
department. It was Risk Management. There was a lady on the scene the morning after and just
innocently because I’ve never had this happen to me before. I asked her what responsibility the
city was going to take for this before I talk to the insurance company. And she was very harsh
with me and I mean she shut me down like a Meth lab. She was upsetting me. And she just said
we don’t have any liability. We’re not going to do anything. We’ll take the tree away, the end,
that’s it. And that was all she was going to talk to me about and forget it. So I had a little time
to think about it, I got home, I’ve been dealing with contractors for hours, hundreds of hours.
My husband has been there. Everybody has just been wrung out over this thing this entire time.
You can see it took three cranes to get the tree off. Um I don’t ---
Mr. Mayor: Ma’am, I’m ---
Ms. Rueggeberg: Has it been five minutes?
Mr. Mayor: Yes, ma’am, it has been.
Ms. Rueggeberg: That’s fine. I appreciate it. Thank you very much for allowing me to
talk to you.
Mr. Mayor: Absolutely. And I’m sorry about the situation. Mr. Mayor Pro Tem.
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Mr. Mason: I need to let me see. I need to hear from you what other steps was taken or
what other avenues of approach that you have gone through with this particular situation.
Ms. Rueggeberg: Since it fell?
Mr. Mason: Yes.
Ms. Rueggeberg: Um, well, I’ve had the insurance company out and dealt with the
general contractors, painters. They’ve had to replace over a dozen rafters in the roof. Every
ceiling has cracks. Every wall inside and outside of the structure. Windows were broken. I
mean it has just almost just destroyed the property. We’re working, we’re getting it back, we’re
putting it back. We were actually lucky. The insurance man said it was an old property and it
was made strong because it would have crushed one of the new houses in Martinez is what he
said. But I mean we were lucky that it didn’t completely ruin the entire place.
Mr. Mason: Well, just so I’m clear. Is this tree, was on your property or this tree is ---
Ms. Rueggeberg: It was on the city right of way. Right by the street and it was a city
tree. And I had asked please to have it cut down. Or not even down just to cut back the part that
was hanging over.
Mr. Mason: And has Risk Management been a part of this process at all?
Ms. Rueggeberg: I actually sent a letter, an email to this lady. And I explained to her
that the day that she spoke to me that there was no way she could’ve know that this tree had a
history. And I wrote her a letter and explained the history and why I was so passionate about it
and why it was so hurtful to me that I just felt like I had been slapped by the city that I love for
asking a question about, you know, if this was my tree and it fell on my neighbor and my
neighbor said what are you going to do about it? I would feel compelled to do something. And
she was not compelled to do anything and kind of left me feeling like I didn’t have any avenues.
So I thought about it a little bit and started looking for somebody to talk about it.
Mr. Mason: Are you seeking damages from this government?
Ms. Rueggeberg: Yeah, I am.
Mr. Mason: It’s a legal issue.
Mr. Mayor: Yeah, I would say in regards to that, Mr. MacKenzie. I look for some
advice from the Attorney with regards to how best to proceed.
Mr. Mackenzie: To the extent that we would be considering any legal claims against the
government those would best be discussed in Legal Session to render any policy issues relating
to how trees are cut. Those could be discussed here. It’s my understanding the arborist is here
as well as representatives from that department.
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Mr. Mayor: Okay. Commissioner Hatney.
Mr. Hatney: The concern I have is that and I’m not sure who you were talking about.
But if that tree belonged to the city and it broke and fell on your house I mean, you know, you
don’t need to ask no attorney who is liable. You don’t, that’s just something that shouldn’t be,
there shouldn’t have been no hesitation to that.
Ms. Rueggeberg: Well, if there had been a storm or struck by lightning I would ---
Mr. Hatney: It doesn’t matter. It doesn’t matter. The tree fell on this house ---
Mr. Grantham: Mr. Mayor?
Mr. Hatney: --- and it belonged to the city.
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. And I think we have received the proper
information and I sympathize with you very much. I too love trees. But I think now we’ve
gotten to a point where it should be turned over to our Attorney to consult with this party and to
any representation that she has. And then bring that information back to us so we can hopefully
resolve it prior to a furtherance of legal action.
Ms. Rueggeberg: Okay, so I would, I actually sent a copy of the letter to Mr. MacKenzie
last week ---
Mr. Mayor: Okay.
Ms. Rueggeberg: --- too. So is this the gentleman I would speak with?
Mr. Mayor: Yes, he would be the point person on this.
Ms. Rueggeberg: Thank you.
Mr. Mayor: Okay.
Mr. Speaker: Excuse me. I would just like to say kudos to the guys who came to take
this tree down. These guys, you don’t know what gems you have. I understand budgets and
stuff and they’re cut back to the minimum. These guys worked like dogs. They came out in the
middle of the night, they came back first thing the next morning. They swept up for crying out
loud. And seriously this could have been done, this tree could’ve done a lot more damage just by
taking it off and they did this balancing act, which is jut amazing. We’re not coming down on
those guys at all.
11
Mr. Mayor: No, well, and thank ya’ll for saying that. I mean I know you’re in a bad
situation for you to compliment the guys who is very nice of you. So we appreciate that. Okay.
Thank you all.
Mr. Aiken: Mr. Mayor?
Mr. Mayor: Commissioner Aitken.
Mr. Aitken: I’d like to speak to the arborist. I’ve got a question for him.
Mr. Mayor: Is there an arborist in the house?
Mr. Stroud: Unfortunately, Mr. Mayor, he had a serious family event tonight so I had to
let him go otherwise we had planned on him being here.
Ms. Aitken: Dennis I would like to talk to him at a future date.
Mr. Stroud: No problem.
Mr. Aitken: Thank you.
Mr. Mayor: Okay. Commissioner Lockett.
Mr. Lockett: Mr. Mayor, I had a question about ten minutes ago but since then. Since
this is pending litigation I’ll just wait until we go into Legal Session and ask my question. Thank
you.
Mr. Mayor: Okay, thank you, sir. Madam Clerk, on to the consent agenda.
The Clerk: Our consent agenda consists of items 1-14, items 1-14.
Mr. Mayor: We don’t have any alcohol licenses or no ---
The Clerk: No alcohol or planning petitions.
Mr. Mayor: Okay. Do I have any items to be added to the consent agenda?
Mr. Grantham: Mr. Mayor?
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Under the Finance Committee. Since we did not have a quorum I’ll offer
item number nineteen and I think that would be only two. Only one.
Mr. Mayor: Okay. Do we have any further agenda items to be added to the consent
agenda?
12
The Clerk: --- number seventeen an amendment to a grant agreement?
Mr. Grantham: What about twenty-three?
Mr. Brigham: (inaudible).
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: (inaudible).
The Clerk: Okay. An existing grant agreement we received for $100,000 dollars. This is
to modify to improve the handicap accessible parking area.
Mr. Mayor: Okay, any further items to be added to the consent agenda?
Mr. Grantham: Twenty-three.
The Clerk: Twenty-three?
Mr. Grantham: Can’t you add it?
Mr. Mayor: I think we can. We don’t a need for Legal Meeting from what I’ve been
told.
Mr. Grantham: I think you can then.
The Clerk: You said item twenty-three? If we don’t go into Legal we don’t need to do
that.
Mr. Grantham: We aren’t going into Legal.
Mr. Mayor: Okay. Mr. Administrator.
Mr. Russell: Mr. Mayor, Item #21. When we initially asked Commissioner Grantham to
put this on the Finance Committee I thought there was some time constraints that we were being
burdened by. But it turns out that we didn’t and I’d like to have that referred back to Finance so
that we can run that through the Finance Committee.
Mr. Mayor: Okay.
The Clerk: Mr. Hatney, you have a problem with adding Item #18? That’s the renewal --
-
Mr. Hatney: No.
13
The Clerk: --- of the Naval Reserve Center?
Mr. Hatney: None.
The Clerk: Okay, so that item #18. And we’re going to refer back item #21 to Finance?
Mr. Russell: To Finance. Yes, ma’am. Thank you.
Mr. Mayor: Okay, do we have any further additions to the consent agenda? Do we have
any items to be pulled for discussion? Mr. Mayor Pro Tem.
Mr. Mason: I’d like to pull item number four.
Mr. Grantham: Pull item what?
Mr. Mason: Four.
Mr. Mayor: Okay, do we have any further items to be pulled for discussion?
Mr. Grantham: Well, Mr. Mayor, if we’re pulling item number four then over on the
Finance Committee meeting Item #22 relates to that so I’d like to include both of those at the
same time.
Mr. Mayor: We will do that.
Mr. Grantham: Yeah, twenty-two and four.
Mr. Johnson: Mr. Mayor?
Mr. Mayor: Commissioner Johnson.
Mr. Johnson: Item number sixteen.
The Clerk: Item number sixteen?
Mr. Johnson: Well, it’s not on the consent.
Mr. Mayor: No, it’s not on the consent. Okay, any further items to be pulled for
discussion? Hearing none, can I get a motion to approve the consent agenda?
Mr. Johnson: So moved.
Mr. Jackson: Second.
CONSENT AGENDA
PUBLIC SERVICES
14
1. Motion to approve a change order with Alpha Construction in the amount of
$178,541.00. (Approved by Public Services Committee September 27, 2010)
2. Motion to approve Janitorial Contract Services bid for the Augusta Regional Airport.
(Approved by Public Services Committee September 27, 2010)
ADMINISTRATIVE SERVICES
3. Motion to approve the filing of three (3) environmentally related grants/services:
Brownfield Community-Wide Assessment Grant for Hazardous Substances and Petroleum,
EPA Clean Up Grant and the Targeted Brownfield Assessment Program through the
Environmental Protections Agency. (Approved by Administrative Services Committee
September 27, 2010)
PUBLIC SAFETY
5. Motion to approve the purchase of NetMotion Software for mobile connectivity.
(Approved by Public Safety Committee September 27, 2010)
6. Motion to approve Contract with New World Systems, Inc. for the New World Field
Reporting Software Product. (Approved by Public Safety Committee September 27, 2010)
7. Motion to approve Purchase of Services Grant #JB-08ST-0002 for Juvenile Offenders.
(Approved by Public Safety Committee September 27, 2010)
ENGINEERING SERVICES
8. Motion to approve a resolution creating street lighting districts. (Approved by
Engineering Services Committee September 27, 2010)
9. Motion to approve Indemnity/Hold Harmless Agreement and Mowing and Maintenance
Agreement for Doug Barnard Parkway. (Approved by Engineering Services Committee
September 27, 2010)
10. Motion to approve Local Administered Project (Lap) Certification Agreement between
Augusta-Richmond County and Georgia Department of Transportation (GDOT) as
requested by AED. (Approved by Engineering Services Committee September 27, 2010)
11. Motion to authorize condemnation to acquire title of property for right of way for the
Belair Hills Subdivision Project. (Parcel 134-0-004-00-0) 3968 Scott Street. (Approved by
Engineering Services Committee September 27, 2010)
th
12. Motion to approve installation of streetlights along Walton Way between 8 Street and
th
10 Street. Installation will be performed by Georgia Power as requested by Traffic
Engineering. (Approved by Engineering Services Committee September 27, 2010)
13. Motion to approve Capital Project Budget number 324-041110-201824333 and
Supplemental Agreement Number One to Cranston Engineering Group, PC, in the amount
of $25,345.00 to provide detailed modeling analysis for the Wrightsboro Road Widening.
Phase I project. Funding is available in the project engineering account for the Engineering
Department. (Approved by Engineering Services Committee September 27, 2010)
PETITIONS AND COMMUNICATIONS
14. Motion to approve the minutes of the regular meeting of the Commission held
st
September 21. and legal meeting held September 27, 2010.
15
PUBLIC SERVICES
17. Motion to approve amendment to grant award agreement to modify the scope of
services of the grant award to include a handicapped accessible parking area.
ADMINISTRATIVE SERVICES
18. Motion to approve the renewal of the lease agreement between Augusta, Ga. and the
Department of the Navy (Naval and Marine Corps Reserve Center) for a term July 1, 2010
to June 30, 2011.
FINANCE
19. Approve request from the Augusta Regional Airport at Bush Field to purchase one (1)
runway sweeper.
Mr. Mayor: We have a motion and second. If there’s no further discussion
Commissioners will now vote by the usual sign of voting.
Motion carries 10-0. [Items 1-3, 5-14, 17-19]
Mr. Mayor: Madam Clerk, I believe we’ll take item four and twenty-two as companion
items.
The Clerk:
ADMINISTRATIVE SERVICES
4. Motion to approve an Ordinance to amend the Augusta, Georgia Code Article Twelve,
Sections 3-5-92 through 3-5-95.1 relating to parking violations and enforcement; to add
new Sections 3-5-95.2 through 3-5-95.24; to allow the Downtown Development Authority to
enforce parking violations and use collected funds for revitalization in Downtown Augusta;
to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an
effective date and for other purposes. (Approved by Administrative Services Committee
September 13 & 27, 2010)
FINANCE
22. Motion to approve an Ordinance to amend the Augusta, Georgia Code Article Twelve,
Sections 3-5-92 through 3-5-95.1 relating to parking violations and enforcement; to add
new Sections 3-5-95.2 through 3-5-95.24; to allow the Downtown Development Authority to
enforce parking violations and use collected funds for revitalization in Augusta; to repeal
all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date
and for other purposes. (Approved by Administrative Services Committee September 13,
2010)
Mr. Mayor: Commissioner Aitken.
Mr. Aitken: I thought that was pulled.
Mr. Mayor: No, that’s where we’re addressing the agenda item.
16
Mr. Aitken:
Okay. What we’d like to do is for the ordinance that we’re looking at now
I’d like to see a stronger union within this commission. And I think there’s been some questions
So I think we’re going to
and concerns we want to bring back to the commission for clarity.
allow that 30 days for the DDA to bring back the information that will help this body make
a good choice in how we move the parking ordinance forward.
Mr. Mayor: You’re putting that in the form of a motion?
Mr. Aitken: Correct.
Mr. Johnson: I’ll second that.
Mr. Hatney: Four and twenty-two?
Mr. Mayor: Four and twenty-two?
Mr. Aitken: Correct, yes, sir.
Mr. Mayor: We have a motion and a second. Commissioner Mason.
Mr. Mason: Yes, thank you, Mr. Mayor, I was the one that pulled this particular item.
Um, and I understand what you’re saying there to my colleague Commissioner Aitken. But I
need to know specifically what are they going to go back and do? Do they know what it is the
issues that we’ve encountered, the cause, the questions that have come to us? So I’m a little
concerned about when you say that you’re going to go back and bring back information. Exactly
what information are they going to go and bring back?
Mr. Mayor: Commissioner Grantham.
Mr. Mason: Is somebody going to answer that? Oh, you know.
Mr. Grantham: Well, I might not know the answer you want but I’ve got an answer for
you. And that is, Mr. Mayor, that we have discussed that. I have and have talked several of the
Commissioners in regards to the Downtown Development Authority regulating the parking
asking the Downtown Development Authority to do is
authority for our city. And what we’re
to bring us a performer that would show the revenue generated from parking tickets as
well as the expenses involved to operate the department that they’re proposing.
Right now
we just had information that what it would cost to do that on an annual basis without any revenue
stream. So I’m asking that that be brought to us in order to let the Downtown Development
Authority be self sufficient in their operation and not be dependent upon our general funds as to
making up the shortfall in the future. And I think that’s within keeping of what Ms. Woodard
and several of the members of the DDA has indicated. So I put that in the form of a motion to
follow what Mr. Aitken did.
Mr. Mayor: Okay, Mr. Aitken, would you be willing to amend your motion to reflect
those changes?
17
Mr. Aitken: Yes, sir.
Mr. Mayor: Okay. Mr. Mayor Pro Tem, are you?
Mr. Mason: Huh, ---
Mr. Mayor: Mr. Russell.
Mr. Mason: --- I’ll defer to Mr. Russell for a moment.
Mr. Russell: Yeah, I think if what I hear is the direction we’re going in it might be
appropriate to ask the DDA to put together a meeting to allow those Commissioners with
specific needs and specific concerns to get together with them. Let them pick a time and do that
and that way the performer results will be the result of that conversation as opposed to what
. So it would be my
might be a wild goose chase without knowing your specific concerns
suggestion that you allow the DDA to schedule a session in which you can attend to express
those concerns thatyou heard from the public and various other places
. So they go back
and look for that specific information as opposed to just trying to tie up some loose ends at this
point. I recommend that you add that to the motion.
Mr. Mayor: Commissioner Aitken, would you be willing to add that portion to the
motion?
Mr. Aitken: Yes, sir.
Mr. Mayor: And the representative from the DDA. Mr. Loyd, are you guys cool with
that?
Mr. Loyd: I guess the thing that concerns me is that the ordinance has been to Committee
twice. It’s been to the Commission now twice and prior to it being put together that was an
attempt by DDA to act as a communiqué with all the Commissioners about what exactly what’s
ever supposed to be and how it’s supposed to work. And today, saying okay let’s get together
and ask some questions. You know I’m kind of like Commissioner Mason is what questions?
Because we’ve been asking through the whole process are there any questions. This process has
gone on for quite some time. It has requested and gotten comments from the public it’s gotten
comments from Commissioners. I guess I just don’t follow the process and I don’t understand at
this point why we are where we are. And you know the DDA has to do what the commission
asks them to do. They are a department of the government. It’s just that you know I’m trying to
understand the process in terms of why we are where we are.
Mr. Mayor: Mr. Russell.
Mr. Russell: If I can just take a second and explain at least my view of that to you is that
what we’ve done is done lot of work to put this together. And you all have done the yeoman’s
task in doing. As you do that you’ve got lots of opinions, lots of different avenues to listen to
18
and you’ve done a lot of that. But until you actually get the words on paper we’re going to have
to respond to and react to. That becomes a part of the issue. We talk concepts for a while, we
talk ideas and we talk methods, methodology. At this point we’re talking specifics, we’re talking
language and I think that’s when a lot of the more substantial questions might come back up. So
while I understand your concern with the slowness of the process I think it’s similar to what
we’ve done in many other occasions it actually ends up with a stronger product in the fact that
now we’ve got the actual verbiage to work with. Let’s raise other questions that were not raised
during the theoretical portions of the conversation there. So I think to add that meeting and talk
about the specific verbiage issue ahead of the game at this particular point in time and I would
suggest that might be a good route to go.
Mr. Loyd: The verbiage now has been in place prior to every one of these committee
pieces and or commission pieces. The exact verbiage has been the same thing that’s been in
place all that time.
Mr. Russell: But the verbiage has not been in a public form to the matter that we think is
necessary and obviously there’s concern on the point of some commissioners to vote on it at this
point. And if you don’t want to continue the conversation I believe that you might not be I think
that would be best for all involved to do so. I would that you would consider my
recommendation.
Mr. Mayor: Okay.
Mr. Loyd: Well, I don’t have any choice.
Mr. Mayor: Okay. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. Mr. Loyd, I have been one of those
commissioners that was involved because I have quite a few questions that I would like to ask. I
think one of the reasons why this body is unable to make a decision or come to an agreement is
because everything keeps changing. On September 21 it was reported to us that the cost would
be about $145,000 dollars for year one, making a profit of $44,000. I wasn’t here last week but I
understand last week that has changed from one forty-five to three hundred and some thousand.
I remember a few months ago when you all came to the Administrator looking for a
(unintelligible) in the forms because you thought you had to lay somebody off. Now you’re
talking about employing eight people. Now let me tell you something. People are not stupid.
You will write them a ticket one time, you will put a boot on their car one time, they ain’t
coming back no more. So how are you going to get the money for them? Who’s going to pay
for it? I think this is the reason why this body has all of these questions. I think what ya’ll need
to do is put together a good business plan because I think if either one of you on the DDA was
fronting this with your own money you wouldn’t be supportive of it. Thank you, Mr. Chairman.
Mr. Mayor: Mr. Mayor Pro Tem.
Mr. Mason: Yes, thank you, Mr. Mayor, and I appreciate my colleague’s comments
there. And on that same note I would have to beg to differ with you Mr. Loyd there has been
19
changes as he’s alluded to. And one of the issues I had initially and I brought that out and you
all were here both you and Ms. Woodard. The initial motion talked about the revenue that would
be created would be spent in Augusta, okay? You remember that? Okay. And then it was stated
because I wanted some clarification were we talking about all of Augusta or are we talking about
a certain portion of Augusta. What you then came back to say was that we’re talking about
strictly downtown. And that’s where I had a problem because if I can come from South Augusta
and get a ticket downtown there’s no reason in my mind that some of that revenue can’t be spent
somewhere other than downtown. In addition to that we have other DDA’s that are running
parking enforcement. I don’t have that as an issue but where that tax revenue goes is an issue.
There are several that it goes directly back to the general fund where it can be used for all of the
taxpayers instead of just particular areas. So I beg to differ with you when you say that things
have not changed. They have changed and that’s part of the reason why we have some concerns
and we have we consistently if you sit in these seats we consistently get calls, emails, face to
face, in your face conversations from folks from downtown, from business owners, folks that
live around here. I mean we get that so we have to entertain that because this government is for
the people. So I’m going to differ with you on that. I’m going to leave it raise there. We can do
one of two things. We can do what we, what the motion stated in the first place which he added
to or I can make a substitute motion to deny it. Either way.
Mr. Loyd: That’s your choice Commissioner, that’s your choice.
Mr. Lockett: Mr. Chairman?
Mr. Mayor: Yes, sir.
Mr. Lockett: I’d like to make a substitute motion ---
Mr. Speaker: Call the question.
Mr. Mayor: The question has been called for. Okay, the question has been called for.
Madam Clerk, for the purpose of clarity if you could please read back the initial motion. I guess
read back the one that incorporates the changes that were made to it.
The Clerk: The motion was to defer this motion back to the DDA for a response within
30 days for them to provide a proforma, a review of expenses and revenue pertaining to this
ordinance and that a meeting with Commissioners be scheduled to discuss their concerns.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign of voting.
Motion carries 10-0.
Mr. Mayor: All righty, Madam Clerk, on to our regular agenda.
The Clerk:
20
PLANNING
15. Z-10-50 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Ramonica M. Luke 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 .23 acres and
known as 1613 Fairwood Drive. (Tax Map 041-4-164-00-0) DISTRICT 3 (No action vote by
the Augusta Commission September 21, 2010) (Requested by the Augusta Law
Department)
Mr. Mayor: Mr. Patty.
Mr. Patty: Sir, this was heard by the Planning Commission in September and we had one
objector present. And we had email contact from a number of people from the neighborhood
opposed to it. The petitioner presented that she lived in the home and continued to live in the
home and wanted to have several veterans. Said that there were crime issues in the
neighborhood. She felt that would help stabilize. The objectors were opposed to it for various
reasons. I think that some, the real reason they’re opposed to it is this is a neighborhood if
you’re familiar with Forest Estates it’s totally surrounded by commercial development. Now
you’ve got the mall on one side and the Wrightsboro Road corridor on one side and North Leg
on the other and they just are very afraid of any encroachment into the center of the
neighborhood being the death Nell to their neighborhood, as they’ve known it. The Planning
Commission heard both sides of it and recommends it be denied. The applicant’s present I
believe and the objectors are present.
Mr. Mayor: Okay, do we have any objectors? If you could raise your hands. Fred, you
could.
Mr. Patty: Mr. Mayor, if I could correct one thing. The Planning Commission
recommends approval. The staff recommended denial to the Planning Commission.
Mr. Mayor: Okay, can we hear from ---
Mr. Russell: Seventeen objectors.
Mr. Mayor: Seventeen? Can we hear from the applicant?
Mr. Smith: Mr. Mayor?
Mr. Mayor: Commissioner Smith.
Mr. Smith: I’ll wait on her.
Mr. Mayor: Okay. If you could state your name and address for the record and please
keep it to five minutes, please, ma’am.
21
Ms. Speaker: Good evening. My name is Sheila Gibbs, 1221 Holly Street Augusta, Ga.
First of all I would like to thank the Commissioner and the Mayor for being here this afternoon.
I really appreciate being able to be beside my daughter in front of the Augusta Commissioners
and the Mayor trying to do a positive thing instead of standing beside her in a court room in front
of a judge trying to do a negative thing. Commissioner, Mr. Mayor, my daughter owns her
property at 1613 Fairwood Drive and she would like to open up a care to help disabled veterans.
I taught my daughter to try to help people and she owns this home but she’s willing to share this
home to help other folks. I’m going to let her get up in a minute.
Ms. Speaker: My name is Ramonica Luke. First of all I want to introduce myself.
Before I begin I’m going to show you some just some pictures of the inside of my property. This
is the living room and all of the furniture inside of the house I’m going to donate to the residents
for this personal care home. This is another picture at a different angle of the living room. This
is the dining room and this is the kitchen. And this one of the bedrooms. This is going to be a
private room and some of the boxes that you see is some bedroom furniture that I purchased for
the bedrooms which was five sleigh beds, five matching chairs which totaled up to about $3,000
dollars. This is another bedroom that will be a semi-private.
Mr. Mayor: Okay.
Ms. Luke: And I’m looking, I wanted, I want to house about five physically disabled
veterans. I want to work with the veterans and that’s pretty much it.
Mr. Mayor: Okay, thank you, ma’am. Do we have somebody to represent the
opposition? Yes, sir, and if you could state your name and address for the record as well and
keep it to five minutes as well.
Mr. Price: Mr. Mayor, Mayor Pro Tem, Commissioners thank you for allowing me to
speak today. I have no special credentials. I’m here because I was asked to speak by the other
homeowners from Forest Estates that have come today that could make it. I as I said last time I
have no ill will towards Ms. Ray. It’s just that I may, uh, Ms. Luke. I’m sorry Ms. Luke,
Ramonica Luke. She is also a resident of Forest Estates but I’m an Army retired Major, I’m a
Richmond County retired school teacher, I’ve been a homeowner with my family in Forest
Estates for 44 years. Several of the people in this audience have had their homes in Forest
Estates for over 40 years. We’ve had a few problems with our neighborhood because as stated
the way we’re located we have problems with people trying to come into our neighborhood and
if you will give it an unfavorable undesirable position. I mentioned before when Mr. J. C. Bible
in 1963 was involved with the covenants for this neighborhood it states in the covenant that it is
for a single-family dwelling and certainly families are to reside there. And these homes are not
set up to abide by the stringent standards set by Georgia State rules on how these personal care
facilities have to be run. There are several things that need to be inspected and insure that
whoever runs these homes can do it properly. But we’re not hear for that today. We’re only
hear to say listen, we feel that our community is being infringed upon that businesses are
creeping towards us. The establishment at this activity would be one more blow to our
neighborhood. I was asked to be careful when I said this. But I do want to say it again. We
have several of the homes in Forest Estates that have Section 8 residents who are doing their best
22
to keep those homes up. But they have less than desirable friends and neighbors who come and
visit them and involve themselves in activities that we feel are inappropriate. We too love our
neighborhood. It’s been in existence for over 45 years now and although we have no ill will
towards Ms. Luke we desire or we express our desires that this not be approved because it is a
business even though she said she was going to do it for love. I went to the VA. I’ve talked to
the people at VA. I stopped on Central Avenue at a personal care facility and talked to the lady
in charge. It is a business. It is a business and the love is money, big money. We ask that it not
be approved. Thank you.
Mr. Mayor: Thank you, sir. Okay, Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. You know you said you’re a retired Major. I’m
retired military also, a disabled Viet Nam veteran. I’m also a retired educator. I think when our
young men and women lay their lives on the line for us to have these freedoms, for us to have
these rights, to have ownership whenever they return we should do everything within our power
to help them. And there are some of the things you said I take issue with and I’m surprised
coming from a retired Major. You use the term unfavorable, undesirable. I really cannot and
refuse to comprehend that. These young men and these young women we should greet them
with outstretched arms and thank them for their service to this country. Their standards are not
going to lower your property values. You alluded to the fact that you have Section 8 housing.
Maybe your neighborhood should all get together and ya’ll put forth a consorted effort to show
them how your neighbors live. And I can understand why someone said maybe you shouldn’t
touch that Major. I think you should not have touched that. And I think you should support our
veterans. Thank you.
Mr. Mayor: Okay. Commissioner Smith.
Mr. Price: May I respond to his ---
Mr. Mayor: I’ll tell you I’ve given equal time to the petitioner and ---
Mr. Price: Mr. Mayor, he said that I said that those people that were going to live in that
facility was undesirable? That is not what I said. I can, no way said that the people were
undesirable.
Mr. Mayor: Okay.
Mr. Price: What I said was that Section 8 folks that are there living had friends and
neighbors come to visit them that were less than desirable.
Mr. Mayor: Okay, you’ve clarified your point. Thank you, sir. We’ve given equal time
on either side. Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. I wanted to ask Mr. Patty a question concerning the
vote on his committee. I just wonder if you could tell me why that they voted not to approve
this.
23
Mr. Mayor: The staff recommended not to approve and the Planning Commission voted
to approve. Correct?
Mr. Patty: Right. They just, they listened to both sides of it and applicant presented
herself well. She’s got a health sciences background and they you know are sympathetic to
veterans obviously. And they just felt that it was you know it was not a bad situation. The
problem with these homes is, is we’ve got a lion’s share of these in the state because of health
facilities and VA. You know we’ve got, at one time we had a third of these in the whole state.
And of the ones we have most of them are fine. Most of them are good neighbors there are very
few problems but occasionally we have problems. We have these homes that are you know
pretty bad problems especially if you live next to them and you just don’t know which ones are
which. We approve 90% of these that come before us, 95% of them. Very few of them get
denied. So I think you’ve got the flexibility when you know they do come before you and there
are problems presented that you I think you have the flexibility to deny them. And that’s why
staff recommended what we did.
Mr. Smith: Okay, thank you.
Mr. Mayor: Commissioner Bowles or when you continue on Commissioner Smith.
Mr. Smith:
Thank you. From viewing your home we don’t see anything wrong with
that. There’s nothing wrong with that but that’s really not the issue. I feel like that these people
and I remember when this subdivision was built and it was very nice and I’m sure it still is and
they’ve been living there all their lives some forty years plus. That they want to try to maintain it
And I’m going to make a motion if I could, Mr. Mayor,
like it’s been since they moved there.
to deny this agenda item.
Mr. Bowles: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign of voting.
Mr. Mason: What’s going on?
The Clerk: He made a motion to deny ---
Mr. Mayor: To deny and a second.
The Clerk: --- for a Special Exception. The caption you see if a recommendation from
the Planning Commission.
Mr. Mayor: Just to clarify once again the staff of Planning recommended to deny but the
Planning Commission approved.
Mr. Johnson: So we’re voting no to this right?
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The Clerk: You’re voting to deny. The Planning Commission recommended approval.
Mr. Smith’s motion was to deny the requests for the Special Exception for the Family Personal
Care Home.
Mr. Mayor: Mr. Patty.
Mr. Patty: Can I say one thing? I’m not up here advocating you go against the Planning
Commission. I was asked by Mr. Bowles at the last meeting what our position was and that’s
why I’m telling you what it is. I’m not up here suggesting you go against them.
Mr. Mason: You get the final say.
Mr. Patty: Huh?
Mr. Mason: You get the final say it looks like.
Mr. Mayor: Mr. Patty, one more time. So the staff recommended ---
Mr. Patty: Staff recommended denial to the Planning Commission and they approved it.
Mr. Mayor: Based, but the staff recommended denial based on ---
Mr. Mason: What.
Mr. Patty: On the issues that were presented by the applicant, the crime in the
neighborhood, the surrounding neighborhood, the surrounding development in the neighborhood.
The development surrounding the neighborhood and the position it puts the neighborhood in as
being on a tipping point and other factors.
Mr. Mayor: Okay, well, I will tell you I have to go ahead vote along with staff. I’ve
always voted in breaking ties to take the staff’s recommendation. So I vote yes to the motion.
Mr. Johnson, Mr. Mason, Mr. Lockett, Mr. Smith and Mr. Hatney vote No.
Motion ties 5-5.
The Mayor votes Yes.
Motion carries 6-5.
The Clerk: That motion carries with the Mayor voting yes. For the record let me just say
Mr. Aiken voted yes, Mr. Bowles, Mr. Jackson, Mr. Brigham and Mr. Grantham. Voting no was
Mr. Johnson, Mr. Mason, Mr. Lockett, Mr. Smith and Mr. Hatney.
Mr. Mayor: Mr. Smith voted no on his own motion? Okay Mr. Smith.
Mr. Grantham: That’s what he’s changing right now.
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Mr. Mayor: Okay, Commissioner Smith?
Mr. Smith: My conscience ain’t got me. I thought I voted the way I explained myself. I
was against this request.
The Clerk: Yes, sir, so you should’ve voted yes for it.
Mr. Mayor: It’s been voted on. The agenda item has been disposed of, next agenda item.
The Clerk:
PUBLIC SERVICES
16. Motion to approve changes to RFP specification for Augusta Municipal Golf Course.
(No recommendation from Public Services Committee September 27, 2010)
Mr. Mayor: Commissioner Lockett, I believe you’ve got this.
Mr. Lockett: Thank you, Mr. Chairman. This body has constantly talked about let’s
create conditions that will be conducive to keeping local businesses gainfully employed. We are
in a situation here for months now I’ve worked with groups of people to save The Patch. We
worked extremely hard because The Patch is an historic property. It’s been there since 1928.
That’s eighty plus years. And you know some people may think that golf is a rich man’s game
but golf should be for everybody. We have the Augusta National here, it’s known around the
world. We have the NCAA Golf Champions. I think that’s, is that Augusta State? There’re
here and wouldn’t it be ridiculous if we didn’t have a municipal golf course? I know we went
out a little while back to see if we could find somebody that would be interested in running The
Patch. We couldn’t find anybody from the United States and the one bid we got it didn’t pass the
muster. There have been several meetings and the most recent pass with a group of people that’s
interested in saving The Patch and keeping it under local guardianship. And some of those
people are Augusta State University, Paine College, The First Tee and of course The Patch
Lawless. These people have asked that this body allowed them the maximum of 60 days to be a
package together at no cost to this government where they can work together collectively and
So with my colleagues support, Mr.
save The Patch and let it continue its long tradition.
Chairman, I would like to move to postpone the pending motion for 60 days allowing local
interest parties that’s the Patch Loyalists, First Tee, Augusta University, Paine College,
Richmond County Board of Education and potentially several others to go into
consternation with this body to see if they can come up with a means of saving The Patch at
no cost to this government.
Mr. Chairman, that’s my motion.
Mr. Hatney: Second.
Mr. Mayor: We have a motion and a second. Commissioner Brigham, did you?
Mr. Brigham: Mr. Mayor, you know we’ve been at this several months like my colleague
on the opposite end down there has said. I don’t understand why we cannot you know we had
agreed already once to go out for bids. All we have done is try to change some of the small
26
language in the bid to extend the time and to make it plain and understood that we did not require
a business license until we actually have a bid in hand. That had already passed Committee. If
we hadn’t tried to extend the term to where we had other bidders that said they would have bid it
if it had been longer than five years. If it had been ten years they would’ve bid it. They did not
bid. We were trying to make it more friendly to find a bidder to do this. We have still a protest
to the bid that has been rejected. That has not been resolved. Now we’re going to extend this
contract another 60 days. We’ve already talked about this for six months. There’s been no
proposal from nobody. So there’s been plenty of opportunity for proposals to be put together in
the last six months. I do not see the need for this city to continue to lose tax revenue to operate
The Patch and not stop the bleeding of financial bleeding. As for the history of The Patch it was
operated more by a private vendor than it has ever been operated by the public. Therefore I think
we ought to go back to the way and not reinvent the wheel. We need to go back to the way it
was before. We did much better when we did not attempt to operate The Patch ourselves so we
allowed a private vendor to operate it. The services were reasonable, the public was satisfied and
we did not as taxpayers bleed. I think that we should make a motion and I’m willing to make
that motion, I think I’m going to make that motion to ---
Mr. Mayor: Substitute motion?
Mr. Brigham: --- substitute motion to do what was in the original language that was
voted on that we tied, well, we didn’t pass. We didn’t have the majority for it. We didn’t have
six votes two weeks ago and that was to extend the language where we can bid for ten-years up
to ten years where we do not have to have a business license until ten days after the award is,
after the bid is awarded. I think these are reasonable changes for a fair playing field. I think we
ought to look at any and all proposals from anybody when we go to open these proposals. I
don’t think we ought to just limit our proposals. I think we ought to open them all. I think we
ought to get the best deal for this city to operate a municipal golf course for the citizens of this
community. That’s been my full belief for several years. I think that we have seen that in the
past that this would work better and I think it would work better now and with that I guess I’ll
yield my time.
Mr. Lockett: Mr. Mayor ---
Mr. Mayor: You made a substitute motion correct?
Mr. Brigham: Yes, sir.
Mr. Mayor: Was there a second on that?
Mr. Jackson: Second.
Mr. Mayor: Okay, we have a substitute and a second actually Commissioner Grantham,
Commissioner Bowles, then back to Commissioner Lockett.
Mr. Grantham: Thank you, Mr. Mayor. And you know I appreciate the concern that Mr.
Brigham has for our financial position for this government but we have already approved in this
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last six-month budget the funding for the municipal golf course. And so we have until the end of
the year and with the new budget being presented by our Administrator that amount can be put
into the present budget that he would be presenting and then withdrawn at a later date by this
commission at their choosing. This only, this request only allows these particular interested
people to come and give us a utilization of that property as to what the best utilization is. And
would it be for dormitories, class rooms or whatever or will it be for a golf course I think it’s up
to us and it’s our responsibility to make sure that we’re going the right thing based on that
property. So I’m encouraged to know that we do have Augusta State University or Paine
College or any of the other educational institutions around here to show an interest in property
that we have with the idea that it would be purchased. And it would be purchased at fair market
value. And it would purchased in a way that this government would win, Augusta State might
win, Paine College might win but it’s a win, win for all parties involved in what we’re talking
about. As to the game of golf yes, it is certainly a game for all the people and we want to make
sure that is provided. There would be opportunities as other golf courses within this area that
would be available to those members and to those people who presently play at the municipal
course. So I think a lot of dialog needs to be considered and a lot of conversations need to be
had in regards to the next step that we have to make for this valuable, very valuable piece of
property. And that we do the right thing in making sure that it is utilized to its fullest. It has
been noted also that based on the number of students that could be enrolled in these institutions
this government would generate between 25-30 million dollars a year just in sales tax and other
taxes alone. So I encourage the Commissioners to extend the time that we’re talking about and
that we take very serious in the proposal that would be made by these entities and that we look at
this at a later date. Sixty days might be enough but I certainly would encourage the 90 day time
that would give them the sufficient time to do their work. Thank you, Mr. Mayor, and I put that,
well, you already have a substitute motion. We have a motion to extend it now ---
Mr. Mayor: Yes, we do.
Mr. Grantham: --- so I’ll leave that alone right now.
Mr. Mayor: Correct. Commissioner Bowles then Commissioner Lockett then
Commissioner Brigham in that order, please, gentlemen.
Mr. Bowles: Mr. Mayor, is it sixty or ninety days?
Mr. Mayor: Sixty.
Mr. Bowles: What would preclude these organizations in submitting an RFP like all
other ventures so we can really determine what our best option is? Because there are several of
us up here that think it’s important to keep the municipal golf course open and running as a golf
course. And there’s plenty of land that would work around the golf course for dormitories and
all that but why not go ahead and do the RFP? If we don’t like them we don’t accept them and
then we can look at their proposals. I mean they can all do this at the same time so that when
we’re planning for our budget for next year we have the numbers in hand to make an educated
decision.
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Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. There’s been a couple of things I would like to
correct. Commissioner Brigham, I can understand your concern. Commissioner Grantham
misunderstood the motion that I made. At no time did I enter into conversation with anyone with
the intent that the municipal golf course be sold to anybody. No, sir.
Mr. Grantham: No, you didn’t.
Mr. Lockett: That’s not the intent. The intent was for this body to continue to own and
manage the golf course. However the stake holders wanted to get together and I think if you
have local stakeholders each one of them has an interest not an ownership interest but an interest
in the golf course where they will make it work better. So it’s not The Patch is not for sale. But
what we’re looking for is people to come in and the group that I spoke with a few days ago they
indicated they wanted this 60-day period to get together and they felt that they could put forth
their efforts that would not cost this government any money but we will still own The Patch,
Commissioner Brigham. This is the understanding that I had when I spoke with them and I made
it clear to them that I’m supportive of all of these interests but I’m not supportive of getting rid
of The Patch, changing the name of The Patch or reconfigurating The Patch. Thank you, Mr.
Chairman.
Mr. Mayor: Commissioner Brigham and then Commissioner Bowles.
Mr. Brigham: Mr. Mayor, if we do a 60-day delay on this bid we are then in December.
st
Our financial year starts January the 1. If we take the normal 45 days to go out for proposals at
that time we are well into January, we’ll probably be into March or April in awarding the
contract. I don’t understand why we were working, we had I thought a consensus to go out to
get proposals to do this. Now at the last minute we got somebody waiving a lantern at the train
wanting it to stop and we’re going to stop and then we’re going to wait some more. We’re going
to be in the same situation next April, next June. We’re not going to be better off we’re going to
still be funding a losing proposition unless we can find somebody that can run a golf course that
can find a way to break even. We’re not asking to make a profit on this. We’re not asking a
service fee be provided to the government, to the citizens of this community that where they do
not have to fund it, that the people that are actually using the service breaks even. That’s all I’m
interested in. On the only thing as for what it can generate some time in the future I was up on
this Commission when we had some other projects that came forward it was going to have
visitors to attend to it that’s going to generate 400 visitors a year. Two of them. Both of them
are basically closed right now. I’ve heard all kinds of statistics. I’ve heard all kinds of
projections. I don’t believe unnecessarily in statistics and projections. That’s what I work in to
make my living. But I do believe one thing. I believe that if we are given an opportunity there is
somebody out there that will be able to operate this golf course for the public and break even or
make a profit. God help us if they make a profit. But they could either break even or make a
profit and it not cost the citizens of this community to have this one more facility that’s available
to it’s citizens for golf. That’s the only thing that I’ve been in favor of. I’ve listened to this
argument it’s been going on for more than ten years. I think we’ve got to make a decision and
29
the only way we can make a decision is go out for a proposal. I think we need to do that
(inaudible) decision made.
Mr. Mayor: Okay, before I recognize Commissioner Joe Bowles I’d like to say the
Committee for Good Government candidates’ forum starts in thirty minutes. These are some of
the best stump speeches I’ve heard leading up to it so it’s inspiring to me. Commissioner
Bowles.
Mr. Bowles: Mr. Russell, is there anything to preclude all these parties involved?
Because evidently there are conversations going on at the other end of the table that aren’t being
passed around because I’ve in contact by nobody, none of these groups that were mentioned
except for Augusta State that wants to run The Patch. So I don’t know who all’s out there. I
think in full disclosure to all the citizens of Augusta who are funding this golf course we should
go out for an RFP and made all these people submit on it.
Mr. Mayor: Mr. Russell.
Mr. Russell: Tell me what specifically you’re asking here.
Mr. Bowles: Why can’t all these organizations that we’re talking to submit an RFP to
operate the golf course or whatever their proposal is.
Mr. Russell: If we were to go out for an RFP for the golf course obviously anybody
could submit and in any combination.
Mr. Bowles: Of any type services of an offer.
Mr. Russell: --- of any group of whatever. You know if you even want to broaden that
you could do an RFP for the use of the property and determine where you go from there if that’s
an option you want to put and prioritize the uses in what we want to do best there. So you could
---
Mr. Brigham: I’m going to add that to my motion.
Mr. Mason: Well, we’re not quite finished here.
Mr. Mayor: You’re adding that, amending your substitute motion to include that.
Mr. Brigham: Yes.
Mr. Grantham: Including what.
Mr. Brigham: Mr. Russell’s recommendation that we go out for the use of the property in
an RFP.
Mr. Mayor: Could you please restate that, Mr. Russell?
30
Mr. Russell: Thank you, sir, I appreciate (inaudible). What I suggested was that would
be a potential to do that, to go out for a recommendation for the property usage and let them, let
the market determine what the fair, what the value of that property would be as a golf course or
whatever. I’m not to sure I would count that as a recommendation but it is an option.
Mr. Mayor: Okay. Mr. Mayor Pro Tem.
Mr. Mason: Thank you, Mr. Mayor, and I appreciate all the passion that I’m hearing up
here on both sides. I’m not sure where we’re at in terms of moving forward. I personally think
that we owe it to our citizens to do everything that we can to insure that we’re making the best
decision. So if that means a delay so be it. We have that authority to do it. But at the end of the
day I think we need to hear from a couple of people. I see that Mr. Kendrick’s is out in the
audience James (unintelligible) is also seated. Augusta State President Bill Bloodworth is in the
audience and if we could hear from both of those gentlemen that would be great, Mr. Mayor.
Mr. Mayor: Okay, Mr. Kendrick and Dr. Bloodworth in that order. And if you could
please keep it to five minutes as well.
Mr. Kendrick: Thank you, Mr. Mayor, gentlemen. Thank you for the opportunity to
consider doing something that is so gravely important for this community. The four groups that
have been mentioned as a possible participant in some manner for the use of this golf course is
significant to us all. And I don’t think we can pass up the opportunity at this time at this junction
to not allow them to come together and see if they can’t present to you a workable plan, a
workable plan that will make your commitment in terms of resources lessen to zero for this
community. Now this all started within the last week. I can’t tell you that we’ve got a plan
that’s going to make all of this just go away. But I will say this. The people that sat around the
table that I have talked to are committed are committed to making this a workable plan that each
of you all will not only will be proud of that you will buy into gladly. First Tee within what it
does for this community, Paine College, Augusta State University and those guys that play at
The Patch on a daily basis are committed to finding a solution to one save this organization and
two meet the needs of all those organizations that have been mentioned here today. And I ask
you to please find a way to make this to happen. We ask for 60-day, that’s all we ask you to do.
Delay it for 60 days and we will come back with a plan for you. Okay?
Mr. Mayor: Okay, thank you, sir. The Mayor Pro Tem made me aware also that we do
have the president or the chairman of The First Tee Board if you’d like to speak as well. Dr.
Bloodworth?
Dr. Bloodworth: I can’t add much to what Mr. Kendrick has said I’d just like to thank
him for saying what he did. I will add one thing. Why not just respond to the RFP? I’ve read
every word of the RFP it’s gone out and it requires better to lease, literally lease the property
from the city for five years. As a state agency we can’t do that. We can’t enter into a multi-year
lease like that even if we wanted to. It requires the bidder to purchase equipment now owned by
the city and then it requires in a separate envelope a proposal for a fee to pay the city for the
lease of the property. At one point we thought that maybe we could at least think of merging the
31
operations of The Patch with Forest Hills. That would be simply managing the golf course. Just
for your information there’s no way legally Augusta State University could respond to the RFP.
Mr. Mayor: Okay, thank you. Ms. Clark Smith.
Ms. Smith: Thank you, I was not prepared to speak. Thank you for giving me the
opportunity. From the perspective of The First Tee we are as most of you know our property is
centered between The Patch, Forest Hills and Augusta State housing. So we’re sort of in the
middle of everything and our property obviously is looked at I’m sure as a way to reconfigure or
restructure some of this. I do feel like that we have three golf courses although we’re not an 18-
hole we’re six hole golf course. We’re the driving range. The First Tee mission is to availability
for low income and middle-income children to be able to learn the game of golf. From our
perspective and this is all new to me. I’m just kind of getting caught up on all this. But from my
perspective I think that there can be some consolidation. I think that it probably could be out in a
positive way that First Tee would be willing to sit down with all parties involved and see how we
could work out something so that’s it’s beneficial for The Patch, for First Tee because we have to
work under the auspices of the National First Tee. So we can’t make our decisions separate from
the National First Tee. But I do feel like that there probably is a way that we could all sit down
and with Forest Hills across the street, with The Patch adjacent to us I don’t think we need all
these golf courses. That’s my feeling and I think it’s a feeling in, of most of our boards. I’ve
spoken to five or six of our board members in the last few days and I think most of them realize
Frist Tee we really don’t and I say this with some levity, we really don’t want to manage a golf
course. We’re not in the management business we are programmed to have programs for these
children. So to combine our forces and have someone else manage the golf course we’d be able
to take advantage of the facilities, perfect. But that’s about all that I can say.
Mr. Mayor: Okay, thank you.
Mr. Grantham: Call the question.
Mr. Mayor: The question has been called for but I will hear from Mr. Mack first.
Mr. Mack: Okay, thank you, Mr. Mayor. You all know I’m a retired referee so I’m a
person of few words. I just make the call.
Mr. Mayor: I’m an aspiring referee.
Mr. Mack: I think that it would be in the best interests of all of us if we can delay this
thing for sixty, ninety what did we say sixty days ---
Mr. Mayor: Sixty.
Mr. Mack: --- so that we can get these entities together. We have spoken briefly and we
think that we can make this work. And I think this can be a win, win situation for everybody.
32
Mr. Mayor: Okay, the question has been called for. Madam Clerk, for a little clarity if
you could read back the original motion.
The Clerk: Well, we have a substitute ---
Mr. Grantham: Substitute first.
The Clerk: --- motion first ---
Mr. Mayor: Excuse me.
The Clerk: --- that we vote on. The substitute motion was to approve the changes of the
RFP specification for the municipal golf course to require a business license within ten days after
receipt of the executed lease of the golf course and the term of the lease will be a minimum of
five years with a maximum of ten years with a five year option to renew if accepted by both
parties and to include the use of the, to include in the RFP the use of the property.
Mr. Mayor: Commissioners will now vote by the substitute sign of voting.
Mr. Lockett, Mr. Smith, Mr. Mason, Mr. Grantham, Mr. Hatney, Mr. Aiken and Mr. Johnson
vote No.
Motion fails 3-7.
Mr. Mayor: Madam Clerk, if you now please for the point of clarity read back the
original motion.
The Clerk: The original motion was to allow a 60-day period for a proposal to be
developed from local interest groups, Augusta State, Paine College, First Tee, Board of
Education and the Patch Loyalists to submit a plan for the management of the Augusta
Municipal Golf Course.
Mr. Brigham: Mr. Mayor, the question hadn’t been called on this. This literally is not
being fair. We have one group down here expressing their opinion. We do not, this has not been
adequately ---
Mr. Grantham: Point of order.
Mr. Brigham: --- given to the public at all.
Mr. Grantham: Point of order, Mr. Mayor ---
Mr. Mayor: Okay.
Mr. Grantham: --- has been called on the agenda item.
Mr. Brigham: I don’t think so.
33
Mr. Mayor: The question ---
Mr. Brigham: I think the two motions ---
Mr. Mayor: Mr. Attorney, could you just ---
Mr. Brigham: --- (inaudible) whether the two motions stand separate.
Mr. Hatney: The question has been called, sir.
Mr. Mayor: Mr. Attorney, if you could clarify this for us.
Mr. Mackenzie: The item that was voted on the question was called for that and now the
question has been called for the additional motion that was made (inaudible).
Mr. Brigham: I think I have a right to debate until the question has been called for ---
Mr. Hatney: The question’s already been called for.
Mr. Brigham: --- without being interrupted. I don’t think the question was called for in
the original motion. And I don’t that’s in accord, according to Robert’s Rules.
Mr. Mayor: Mr. Attorney?
Mr. Mackenzie: I believe that Mr. Brigham is correct. There is an opportunity to discuss
any additional motion that has not been called on.
Mr. Hatney: What do you mean by that?
Mr. Mayor: Commissioner Jackson.
Mr. Jackson: I think some of the problem boils down to communication. There are some
Commissioners getting information from second hand and third party instead of from the source.
And it would nice if we you know everybody could be brought into the loop I guess. So that’s
all I had to say.
Mr. Mayor: Okay. If there’s no further discussion we’ll now vote on the original
motion. Vote by the usual sign of voting.
Mr. Bowles, Mr. Jackson and Mr. Brigham vote No.
Motion carries 7-3.
Mr. Mayor: Madam Clerk, let’s get on to that next agenda item please which I believe is
our final.
34
The Clerk:
FINANCE
20. Consider a request from Ms. Carol Nimmons regarding a reduction in the amount of
her property taxes for this year.
Mr. Hatney: Who’s going to speak to that?
The Clerk: Is Ms. Nimmons in the chamber? Okay.
Mr. Mayor: Okay and if you could keep it to five minutes, please, ma’am.
Ms. Nimmons: Thank you. I didn’t even realize that I was going to have to say anything
to the Commission. I was hoping that I was going to be able to speak to I guess the Finance
Committee last week when they did not have a quorum. I sent a letter to ---
Mr. Hatney: If you want to address ---
Mr. Mayor: Would you like to and I hate that you came down here for so long. But
during the Finance Committee you’d have the opportunity to speak for longer than five minutes.
Would you like to transfer it to Committee or would you like to go ahead and do it?
Ms. Nimmons: I’ll go ahead and do it.
Mr. Mayor: Okay.
Ms. Nimmons: I just, my husband and I have been separated since last August. We are
just about to have everything finalized in our divorce, which I am very sad about but I know it’s
the right thing. We’ve been married for twenty-two years and as part of our divorce process I am
getting sole ownership of our house on Lake Forest Drive. Yes, it’s a very valuable home. I
love it but for the past thirteen months I’ve been getting $3,000 dollars a month for myself and
three children. One of my children is in college and I’m not getting any help paying for that. I
am a certified teacher. I have not been able to find a job. I just finally accepted a position I
started yesterday as a para-pro in a kindergarten class. So we’ll be getting a little bit of income
not much but also I’ll finally have some health insurance and so forth. And what I was asking
for was that when I got my property tax bill the county or whatever entity values our property
valued it forty, more than $42,000 dollars higher than the appraisal that was done last fall as part
of the process for my divorce. And as my having the sole responsibility of this property I’m
responsible for paying the equity, the line that is still connected to the property as well as the
property taxes. And I was just hoping that I could get my taxes, I don’t know what the dollar
amount would be but lowered so that it would at least be based on what the appraisal was that I
got last fall which is almost $43,000 dollars less than what the county valued my house at. I’m
really going to have a hard time paying it. And I missed at the Finance Meeting too. I missed
paying my taxes by the early date.
Mr. Mayor: Okay. Mr. Ross?
35
Ms. Nimmons: And I’ve got copies of the appraisal and so forth.
Mr. Ross: Mr. Mayor, Mayor Pro Tem and Commissioners. We were prepared to bring
this before Committee but just a quick summary. The property is currently as of January 1, in
Mr. Kenneth M. Nimmons name and there was a change in the valuation of 2010 at $474,549.00.
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No appeal was filed on the property. The notice was sent May 5 of 2010. No petition has been
received by the Board of Assessors regarding these issues and no contact was made to the Tax
Assessors Office until we received a copy of the letter submitted to your Clerk back on
th
September 17. It is the recommendation of this matter that there’s no basis for the Tax
Assessors Office to act upon it today and recommendation is for denial. We attempted to make
direct contact with Mrs. Nimmons but that we had telephone tag I guess would be a fair
assumption. We have submitted consideration alternates, which is to submit a request for
consideration as an error of fact to the Board of Assessors. In doing so that would require an
interior/exterior review of the property for verification of the record. We’ve also noted another
option is for the owner to have the right to file a return of valuation for tax year 2011 that filing
period January 1 to April 1. And of course SB-346, which is coming, will require that this office
send notices to all property owners with an estimated tax bill. And therefore giving everybody a
right of appeal technically for tax year 2011. As a part of the requirements to respond back to
the Commission a financial impact is also. Based upon the tax assessors 2010 value and the
owners reference appraisal value which we have not seen to date the 100% difference is $42,459.
The assessed 40% excuse me is $16,008, excuse me 984. This is in the urban tax district roughly
36183 mill estimated tax impact difference between the Board of Assessors value and the
indicated value by the property owner would equate to approximately $614.53. That was the
report submitted by the Board of Assessors and we still would refer that the petition be denied
and at best that the property owner or to the property owner of 2011 may consider petitioning for
a consideration of value in error to the Board of Assessors for full review and consideration.
Mr. Mayor: Gentlemen?
Ms. Nimmons: (inaudible)
Mr. Mayor: Okay.
Ms. Nimmons: Because the tax bill or the assessment value I guess, I don’t know if I’m
calling it the right thing, came in my husband’s name I set his mail to the side so I never knew
that I needed to appeal the amount.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Mr. Mayor, if I’m correct I would like the Attorney to tell me whether I’m
right or wrong. But I don’t believe we have within our authority to change the assessment on a
piece of property. I think that’s something the Board of Assessors has to do and I don’t think
that’s within our purview of doing.
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Mr. MacKenzie: I would have to look into that issue. Perhaps Mr. Alveno would be able
to address that. I’m not sure. I’d have to look into it.
Mr. Brigham: Can somebody help me?
The Clerk: Mr. Ross, they had a question for you. Mr. Brigham.
Mr. Brigham: Mr. Ross, I don’t believe that it’s within our ability to change the
assessments on any pieces of property as a Commission.
Mr. Ross: That is my understanding beside you, sir. In Code Section 48-5 Government
Property Taxation the Board of Commissioners do have within their power to consider a refund
of taxation ---
Mr. Brigham: That ain’t what ---
Mr. Ross: --- or whatever purposes you may define. That’s to assume that the taxes have
been paid and a consideration is to refund whatever proportion that consideration that it may be.
Mr. Brigham: But the request is to change the ---
Mr. Mayor: Explain to you.
Mr. Brigham:So therefore I’m going to
(inaudible) and I don’t think we can do that.
make a motion that we deny this.
Mr. Mackenzie: Mr. Brown can speak to that if you like.
Mr. Mayor: We have a motion. Is there a second on that motion?
Mr. Johnson: Second.
Mr. Hatney: Are we going to listen to?
Mr. Mayor: Mr. Brown?
Mr. Brown: The chief appraiser is correct. The line of appeal or consideration of
assessment does not lie with this body. That would end up in court. There’s a process before
then but the Commission is not within the chain of command or the line of authority to consider
the assessment. If the assessment is not successfully challenged and appealed the Commission
has no authority to reduce the taxes. The taxes are based upon the assessment. The rate of
taxation has to be the same for this applicant as everyone else unless she can successfully
challenge her assessment, which at this time is too late.
Mr. Mayor: Okay, we have a, Mr. Bowles?
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Mr. Bowles: Yes, Mr. Mayor, I’ll be real quick and just advise Ms. Nimmons to pay the
taxes and apply for a refund. And my question is to Mr. Ross. In this market right now how
does the home increase in value 20% in one year?
Mr. Ross: Commissioner, obviously the issue of the percent change is not a basis for our
evaluation changes. The schedule that is drafted is based on the interpretation of markets in
different neighborhoods prior to schedule changes. Certainly mass appraising we don’t get the
privilege of fee simple or word and get to adjust the appeal process for the property owner.
There was no complaint when the evaluation was in the three hundred range. I didn’t get into the
previous value was $392,333, obviously well below both values. The issue of the assessment
noticed granted the owner the right to file the appeal. What I heard was that the separation
occurred in August. The notice was sent early May, sir.
Mr. Bowles: Thank you.
Mr. Mayor: Okay.
Mr. Ross: I stand corrected, August of ’09. That year was not stated earlier.
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Mr. Mayor, it sounds like that she has a couple of options to take and that
is under what Mr. Ross has identified if she can appeal back. If we deny it than she has the right
to appeal back to the Board of Assessors based on the reevaluation or as it has been mentioned
she can pay the taxes and then appeal for a refund. So she’s got several options to go with so
with I’m going to call the question based on the motion.
Mr. Grantham: Okay. The question has been called for. The motion is to deny the
request. The motion has been made and properly seconded. Commissioners will now vote by
the usual sign of voting.
Mr. Jackson abstains.
Motion carries 9-1.
Mr. Jackson: Personal friend.
Mr. Mayor: Okay, and Mr. Mackenzie, no need for a Legal?
Mr. Mackenzie: There’s no need for Legal today.
Mr. Mayor: With no further business to come before the body we stand adjourned.
[MEETING ADJOURNED]
Lena Bonner
Clerk of Commission
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CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
October 5, 2010.
______________________________
Clerk of Commission
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