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HomeMy WebLinkAboutCOMMISSION MEETING - September 21, 2010 REGULAR MEETING COMMISSION CHAMBER SEPTEMBER 21, 2010 Augusta Richmond County Commission convened at 5:00 p.m., September 21, 2010, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Smith, Hatney, Aitken, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hons. Mason, Mayor Pro Tem and Grantham, members of Augusta Richmond County Commission. The invocation was given by the Reverend Gerald Caldwell, Pastor, Cornerstone of Faith Ministries. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: And, Reverend, if I could get you to come forward, please, sir. We have something for you. And thank you for that spot on invocation. By these present be it known that Reverend Gerald Caldwell, Pastor, Cornerstone of Faith Ministries is Chaplain of the Day for his civic and spiritual guidance demonstrated throughout the community. Serves as an example for st all of the faith community. Given under my hand this 21 Day of September 2010, Deke Copenhaver Mayor. Thank you, sir. (APPLAUSE) Mr. Mayor: I feel a lot of love in the room. Mr. Hatney: I guess we need to pray some more. Mr. Mayor: What’s working, go with it. Madam Clerk, on to the recognitions, please ma’am. The Clerk: RECOGNITIONS Employee of the Month A. Mr. Russell Barnes, Environmental Technician, Engineering Department, August Employee of the Month. The Clerk: Yes, sir, at this time we’d like to recognize our Employee of the Month, Mr. Russell Barnes, Environmental Technician, Engineering Department along with Mr. Ladson and Mr. Johnson if you’d like to come in and share it, Engineering Services, the Mayor. Dear Mayor Copenhaver. The Employee Recognition Committee has selected Russell Barnes as the August 2010 Employee of the Month for the City of Augusta. Russell Barnes is employed as an Environmental Technician with the Engineering Department since August 2009. He previous 1 worked with the Richmond County Fire Department for twenty years. Mr. Barnes was nominated by Garrett Weiss, the Storm Water and Environmental Manager of the Engineering Department. Russell Barnes has shown uncommon initiative by greatly improving the storm water inspection process without requiring guidance or help. He has created a well-organized electronic database of documents including photographs, inspection forms, location coordinates and physical specification of storm water infrastructure. This system greatly facilitates management tasks including regulatory reporting and enforcement action. Mr. Barnes is a self- motivated individual. His reports are detailed, complete and accurate and he is currently on track to complete some components of his duties several months ahead of schedule. His level of efficiency and effectiveness will permit the storm water environmental section to do more than the bare minimum necessary to meet state and federal requirements. The Employee Recognition Committee felt that based on his nomination and Russell Barnes’ dedicated and loyal service to the City of Augusta we would appreciate you joining us in awarding him the 2010 Employee of the Month. Congratulations. (APPLAUSE) Mr. Mayor: And I’ve just got a letter I’d like to read on behalf of the city. September 21, 2010. August 2010 Employee of the Month. Mr. Russell Barnes, Augusta Richmond County Engineering Department. Dear Mr. Barnes. On behalf of the City of Augusta it is with great pleasure that I congratulate you for being recognized as the Employee of the Month for August 2010. Your contribution to your organization, Augusta Richmond County Government and the citizens of Augusta has earned you this recognition. I appreciate your willingness to go above and beyond the call of duty and your outstanding work ethic. You are truly and asset to the Augusta Richmond County Engineering Department and the citizens of Augusta Georgia. Please accept my personal congratulations on this wonderful award. You are truly deserving of this recognition. Sincerely yours, Deke Copenhaver, Mayor. (APPLAUSE) Another little extra thing for you. We’re loading you down with stuff, but is there anything you’d like to? Mr. Barnes: No, I don’t (inaudible). Mr. Ladson: On behalf of the Engineering Department we just want to tell you great job. Mr. Barnes: Thank you. Mr. Ladson: Thank you. (APPLAUSE) Mr. Johnson: This is the first time I got a chance to stand up here and be able to do this. I’m going to take advantage of it. No, this is just to exemplify the type of people we have working for us here, not just in engineering but throughout the city of Augusta. And as the Chairman of Engineering it really makes my job easier to get guys like these, these guys standing before you out here on the job and doing the job well. And we don’t have to worry about going behind them making sure the job is done right. We can count on it being right. So again thanks, Russell, for everything you done. 2 (APPLAUSE) Mr. Mayor: And, Madam Clerk, on to the delegations, please. The Clerk: DELEGATION(S) B. Mr. George Harrison. RE: Proposed Parking Ordinance to amend sections 3-5-92 through 3-5-95.1 relating to parking violations and enforcement. Mr. Mayor: How are you? Mr. Harrison: Good. Mr. Mayor: If you could keep it to five minutes, please, sir. Mr. Harrison: It’ll be a lot less than that. I’m George Harrison. I’m the owner of The th Boll Weevil Café and Sweetery on 9 Street, downtown. And I’ve spent virtually my whole working career downtown. I could remember back in the 1970’s when Broad Street was thth booming and we had from 5 Street to 13 Street and the side streets all the spaces were leased. We had viable businesses in all of them and we had of gosh, essentially the same number of parking spaces we have today. The, the parking worked, it was tight who might have to circle the block a couple of times but we had big businesses, major department stores and people were able to find parking. Now I find the situation where you ride down Broad Street at 9:30 in the morning and all the parking spaces are already gone and that to me that doesn’t make any sense. It doesn’t make any sense for a number or reasons. One of the reasons is that if we get these spaces leased on Broad it means so much to the city in both employment and tax revenue. I look at our own little business is a 96-seat restaurant which is really small by restaurant standards. And we employ thirty-two people and if you look at the tax revenue we pay if we only break even. If we don’t make any money we generate for this local state and federal government over $225,000 dollars. Now we have thousands and thousands and thousands of square feet of retail space that we could still lease and we’re stuck with this problem of riding down Broad Street and seeing all the spaces taken at 9:30 in the morning. How is anybody going to come in here and lease any space when they say where are my customers going to park? They need to park someplace and we’re just absolutely stuck until we move forward from that point. And I say pass a resolution pass it today because it’s in the best interest of the economic viability of downtown Augusta and that’s the primary reason why I think you need to pass it. Mr. Mayor: Thank you, sir. Does anybody have any questions or? Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I do agree with you wholeheartedly and I spoke with someone over the weekend in regards to that same issue. It’s unfair when you go up to park and of course someone has already taken the parking place and there’s no regulations being enforced on that. And some people may park and ride with somebody else and leave their 3 vehicle there for eight hours a day. But it’s not fair to the owners of businesses there downtown to their customers that come up to patronize them not to have a parking space within their areas. So I do agree with you and understand your concern. So you have my support. Thank you, Mr. Mayor. Mr. Mayor: Thank you, sir. Anybody else? Thank you. Madam Clerk, on to the next delegation. The Clerk: DELEGATION(S) C. Ms. Juanita L. Burney. RE: Enforcement of ARC Code relating to the Mr. Olive Memorial Gardens Cemetery. Mr. Mayor: And if you could keep it to five minutes too, please, ma’am. Ms. Burney: Okay, thank you and I’m going to do my best to do that. So I’m going to be talking really fast to get it in. Good afternoon. My name is Juanita Burney and I stand before you representing the Mt. Olive Memorial Gardens Cemetery Concerns Community Group. With those individuals that are here on behalf of this group please be recognized by the raise of your hands. Okay, thank you. And in addition to that I have an almost five-page document and roster of other concerned people who are in this group. We appreciate the opportunity to come before you. Mt. Olive is a cemetery located at 3666 Deans Bridge Road in Richmond County. Serious issues of office building neglect and other general mismanagement had been identified as it operated by the current owners. The owners are Mike Odom of Macon, Georgia and Katherine Rogers who’s name the business license is in. Ms. Roger’s lists a Macon address on the business license but she does live in Augusta, Georgia. Attempts to get the issues addressed by the owners have been ignored and I have proof, documented proof of our communications with the owners. Until we started a series of investigational requests no action was ever taken. Because Mr. Olive is a private cemetery we do understand we must address many of our grievances through the other avenues other than Richmond County. We have formed a strong community coalition to see that resolution of all of the issues are pursued. However the issue that we are requesting your assistance with today and support is that of bringing the office trailer that sits out there on the property into 100% compliance with Richmond County regulations and codes. The trailer serving as the office is the original one placed on the grounds at the inception of the cemetery. Other the last thirty plus years due to severe neglect the structure has become dilapidated with mold and mildew infestation and is an eyesore. It is offensive and egregious that the owners put the public’s health at risk and their own staff is being exposed to an infestation of mold and mildew on a daily basis. Ideally an honest and reasonable person would have hauled the old trailer away and replaced it with a new one in good condition. When the opulence of what is run by the owners in their Macon business is compared to the filth that Richmond County residents are expected to settle for one can understand the insult that we feel. And I documented the condition of the trailer infestation the entire trailer with mold and mildew as well as when I went out to the building on Friday they had placed in a humidifier to conceal the mold and mildew from coming back through painted walls as well as put a slip cover over a very filthy chair. Consultations with others including the University of Georgia County 4 Contention agent all believe that mold and mildew cannot be properly mitigated once the trailer is saturated with it. Because Ms. Rogers and Mr. Odom chose to patch the existing building we are requesting the owners have to show proof that the mold and mildew is mitigated through invoices from a qualified contractor and that all regulations pertaining to Richmond County Code are complied with or that appropriate finds and punitive measures are applied if they are not. Thanks to Ms. King at Augusta Cares, code enforcement inspected the building and issued a document of corrections needed. The owners receive an extension to the first thirty days that nd they had and appeared in court on September the 2 and was given another thirty days due to non-compliance to complete the work that needed to be done. The code investigator stated that some improvements have been made and it is better. We assert that better is not good enough. I personally inspected the building on this past Friday and bleed through is occurring back through the walls and it is evident that the walls were merely painted over. The mold and mildew still exists and thus we believe the humidifier was placed just to keep the mold and mildew from the visual eye. An investigator from the state of Georgia to the cemetery, came to the cemetery in January. At the March cemetery board meeting in Atlanta in my presence she confirmed the validity of my observations about the building. She was surprised given the extreme poor condition of the building was such that the grounds were cut. However we know that we owe at least that much to the day-to-day manager who tries against the odds to keep the cemetery viable. th Katherine Rogers and Mike Odom have owned the cemetery since July the 4. I have concrete evidence thanks to a former employee and it is contained in this notebook the significant funds transferred to their ownership. In addition since significant monies have been collected through sales and burials. We understand that a business owner needs a profit however when the responsibilities to others is neglected and the funds clearly inappropriately raided action is called for. Mr. Mayor: Ms. Burney, I hate to, you’re over the time actually for the five minutes. Mr. Lockett: Mr. Mayor, as a point of privilege could you give her just another minute to finish please? Mr. Mayor: Okay. Ms. Burney: I think one minute will do it. Mr. Mayor: Okay. Ms. Burney: Other important points are when we started on this journey it was discovered that no current Richmond County license was in the building. Ms. Rogers quickly updated it through Richmond County. The owners have been fined and paid a $600.00 fine to the state cemetery board for failure to have a current state license. There is still no current state license. The Secretary of State’s Office is presently conducting an investigation of the required trust accounts as we believe substantial monies are missing from these accounts. There are two liens against the cemetery by the state of Georgia for failure to pay tax. And in conclusion Martin Luther King Jr. said our lives begin in the day that we become silent about things that matter. We cannot and will not be silent. This cemetery matters. We can reclaim it and foster it’s serene beautiful comfortable environment or let it be neglected and become a disrespectful 5 blight. In keeping with the mission of code enforcement to provide a safe and humane environment for the citizens of Augusta we humbly ask for support of code enforcement and your support of code enforcement. When I was growing up I was shown by my parents the respect for the deceased. They always pulled to the side of the road and allowed a funeral to pass. My Dad generally stood at attention. To this day we honor the dead and their loved ones by stopping to pay respect. Mr. Mayor: Ms. Burney, I really --- Ms. Burney: --- and there’s the thing --- Mr. Mayor: Yes, ma’am. Ms. Burney: --- our cemeteries be respected. Thank you. Mr. Mayor: Yes, ma’am and let me just clarify that the five minutes per delegation is on there and to be fair to everybody. So I respect that you had gone a little over the time but thank you for bringing this to our attention. Commissioner Lockett, did you have? Mr. Lockett: Thank you, Mr. Mayor. Ms. Burney, what is code enforcement’s most recent response to you? What has it been? Ms. Burney? Ms. Burney: (inaudible). Mr. Lockett: What is code enforcement’s most recent response been to you? Ms. Burney: The most recent response was that it was looking better to which we said better was not acceptable, that we wanted 100% compliance of with the code. I had been told by Mr. Sherman, the chair of that department that he would be, the owner would be required to get a bona fide contractor to deal with the mold and mildew. And when I asked for demonstration of the invoices showing that, none were produced. Mr. Lockett: Thank you, ma’am. Mr. Chairman, if I may, Mr. Chairman. Could you tell us where that stands at this time? Mr. Mayor: Mr. Sherman. Mr. Sherman: Yes, sir, good afternoon. We began working on this January, no excuse me February of this year and followed it through. We sent notices to the property owner. They were never returned so we had to start over. They were hand delivered to the cemetery. There were several issues due to lack of maintenance. The roof was leaking, the walls had been saturated they were covered in mold. The carpet was, it had been stained it had been wet probably several times. But to say all that the owner came up with a plan and he had a time frame for implementing it. He didn’t need that so we met with him, it was probably earlier summer and when we found out, or I guess when I found out that he did not comply with his proposal we went ahead and had him cited to take him to court. And that was going to be the 6 due date and if it’s not completed by then he can explain to the judge why he’s not completing it. They worked on it in court which was actually August I believe it was most all the work had been done. They did have a contractor, a licensed contractor go out there. It was a roofing contractor. A specialty contractor that can do the roof, windows, vinyl siding, carpet, the painting you don’t have to have a license other than a handyman license. So I felt comfortable with who was doing the work. They took out some of the panels they were supposed to have removed anything that had been wet, treated the mold, neutralized it and then I guess I went out there with the inspector the day before court. It looked good to me. In my opinion it looked good. There was one piece of paneling that still was warped and it looked like it had just recently been painted, saturated with paint so it was still moist. I told them if they had any problems with the person that was the employee out there, if they say any problems with any mold bleeding through to let us know because we don’t have any problem you know with going back to it and starting all over. In court it was dismissed. There were a couple of things that were outstanding. I think a handrail and to remove that panel the one that I was mentioning that was still had a problem. And so we’ll continue to follow it. Mr. Lockett: Okay, well lastly, Mr. Mayor, would you check and see whether or not the mold is bleeding through the paint or whatever and if so make sure that corrective action is taken? Mr. Sherman: Yes, sir. Mr. Lockett: Thank you. Mr. Mayor: Okay, thank you, Mr. Sherman. Thank you, Commissioner Lockett. Madam Clerk, on to the consent agenda, please. The Clerk: Our consent agenda consists of items 1-34, items 1-34. For the benefit of any objectors to our Planning Petitions once those petitions are read would you please signify your objection by raising your hand. I call your attention to: Item 1: Is for a Special Exception to establish a Family Personal Care Home on property known as 1913 Ellis Street. Item 2: Is for a change of zoning from a B-1 (Neighborhood Business) to a Zone B-2 (General Business) on property on Washington Road Heatherwood Parkway. Item 3: Is for a change of zoning from a Zone B-1 (Neighborhood Business) and a Zone Light Industry to a Zone Light Industry affecting property at 207 Sand Bar Ferry Road with conditions. Item 4: Is a request for a change of zoning from a Zone A (Agriculture) and a Zone Light Industry to a Zone R-1 (One-family Residential) with a Special Exception affecting property known as 2795 Gordon Highway. The Clerk: Are there any objectors to those planning petitions? Mr. Russell: None noted, Madam Clerk. 7 The Clerk: I call your attention to the Public Services portion of our agenda. If there are any objectors to any of the alcohol petitions would you please signify your objection once the petition is read. I call your attention to: Item 6: Is for a retail package Liquor, Beer & Wine license to be used in connection with H & S Wine Spirits located at 3150 Wrightsboro Road. Item 7: Is for a retail package Beer & Wine license to be used in connection with the Tip Top Foodmart located at 2447 Wrightsboro Road. Item 8: Is for a retail package Beer & Wine license to be used in connection with the Super Express located at 3150 Wrightsboro Road. Item 9: Is for a Liquor, Beer & Wine license to be used in connection with the Three Dollar Lounge located at 1524 Gordon Highway. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Okay. Mr. Mayor, members of the Commission, our consent agenda consists of items 1-34 with no objectors to our Planning or Alcohol petitions. Mr. Mayor: Thank you, Madam Clerk. Gentlemen, do we have any further additions to the consent agenda? Hearing none, do we have any items to be pulled for discussion? Commissioner Brigham. Mr. Brigham: Mr. Mayor, I’d like to pull item number ten and thirteen. Mr. Mayor: Do we have any further items to be pulled for discussion? Hearing none can I get a motion to approve the consent agenda? Mr. Lockett: So moved. Mr. Jackson: Second. CONSENT AGENDA PLANNING 1. Z-10-52 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Bobble Youman, on behalf of McClure Investments LLC, requesting a Special Exception to establish a Family Personal Care Home per Section 26-I-(H) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .20 acres and known as 1913 Ellis Street. (Tax Map 035-2-057-00-0) DISTRICT 1 2. Z-10-54 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Mike Watson, on behalf of the Woodbine West Association Inc., requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing .11 acres and located 56.35 feet 8 west of Heatherwood Parkway and also 357 feet, more or less south of Washington Road. (Part of Tax Map 011-0-228-00-0) DOSTRICT 7 3. Z-10-55 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following condition 1) no derelict vehicles may be stored on the property and 2) only outside storage limited to one waste container; a petition by Michael Hronchek, on behalf of Alonzo Boardman, requesting a change of zoning from Zone B-1 (Neighborhood Business) and Zone LI (Light Industry) to Zone LI affecting property containing .86 acres and known as 207 San Bar Ferry Road. (Tax Map 048-3-095- 00-0) DISTRICT 1 4. Z-10-56 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Cranston Engineering Group, on behalf of Coel Development Co., Inc. requesting a change of zoning from Zone A (Agriculture) and Zone LI (Light Industry) to Zone R-1 (One-family Residential) with a Special Exception to allow detached dwellings developed in accordance with Section 13 provided that the density does not exceed three (3) unites per acre per Section 8-2 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 197 acres and is known as 2795 Gordon Highway. (Tax Map 064-0-008-00-0) DISTRICT 3 PUBLIC SERVICES 5. Motion to approve the August 2010 Budget Amendment for Augusta Regional Airport. (Approved by Public Services Committee September 13, 2010) 6. Motion to approve New Ownership Application: A.N. 10-40: request by Jamila Fazalbhoy for a retail package Liquor, Beer & Wine license to be used in connection with Wrightsboro Rd. Enterprise D/B/A H & S Wine Spirits located at 3150 Wrightsboro Rd. District 5. Super District 9. (Approved by Public Services Committee September 13, 2010) 7. Motion to approve a New Ownership Application A.N. 10-41: request by Jamila Fazalbhoy for a retail package Beer & Wine license to be used in connection with JAAN, Inc. D/B/A Tip Top Foodmart located at 2447 Wrightsboro Rd. District 2. Super District 9. (Approved by Public Services Committee September 13, 2010) 8. Motion to approve New Ownership Application: A.N. 10-42: request by Jamila Fazalbhoy for a retail package Beer & Wine license to be used in connection with JARAY Enterprises, Inc. D/B/A Super Express located at 3150 Wrightsboro Rd. District 5. Super District 9. (Approved by Public Services Committee September 13, 2010) 9. Motion to approve New Application: A.N. 10-43: request by Latron Ware for an on premise consumption Liquor, Beer & Wine license to be used in connection with Three Dollar Lounge located at 1524 Gordon Hwy. There will be Dance. District 2. Super District 9. (Approved by Public Services Committee September 13, 2010) 11. Motion to approve the 2010 Supplemental Agreement with the Federal Aviation Administration. (Approved by Public Services Committee September 13, 2010) 12. Motion to approve and accept AIP #3-13-001-033-2010 in the amount of $13,775,000.00 for rehabilitation for Runway 17-35 Augusta Regional Airport. (Approved by Public Services & Finance Committees September 13, 2010) 9 PUBLIC SAFETY 14. Motion to approve the purchase of an Automated Firing Range System for the Richmond County Sheriff’s Training Range Facility for $86,214.00, lowest bid on #10-148. (Approved by Public Safety Committee September 13, 2010) 15. Motion to approve a request from Sentinel Offender Services to amend their contract to a low them to sub-contract with ARSS (American Recovery Solution Services) in the collection of fines/fees on outstanding probation violation warrants. (Approved by Public Safety Committee September 13, 2010) FINANCE 16. Motion to approve funding for the August 10, 2010 Runoff. (Approved by Finance Committee September 13, 2010) 17. Motion to approve a request from the Asociacion Cultural Hispanoamericana for the th City to provide the use of the Augusta Common at no cost for the 18 Annual Hispanic Festival. (Approved by Finance Committee September 13, 2010) 18. Motion to approve the replacement of EMA Dive Team Boat. (Approved by Finance Committee September 13, 2010) 19. Motion to approve 1) additional category for Random Testing under Substance Abuse Policy for both Full-Time and Part-time Security Officer positions, Section 1.4.16.212)FTA/DOT update on drug testing panel, Section 1.8.1.3.5 and 1.8.1.3.8. (Approved by Finance Committee September 13, 2010) 20. Motion to approve continuing service agreement with Georgia Administrative Services (GAS) as the third party administrator for Augusta, GA’s Workers’ Compensation claims program. (Approved by Finance Committee September 13, 2010) ENGINEERING SERVICES 21. Motion to determine that a portion of Fairhope Street, as shown on the attached plat (shown as Parcel “B”) and consisting of 1.63 acres (71,042 square feet), has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and a public hearing shall be held regarding the issue of abandonment pursuant to O.C.G.A. Sections 32-7-2 and 8-3-153. (Approved by Engineering Services Committee September 13, 2010) 22. Motion to approve construction contract award to L-J, Inc. in the amount of $238,987.41. (Approved by Engineering Services Committee September 13, 2010) 23. Motion to approve the award of a contract in the amount of $1,602,193.46 to Weinberger, and in the amount of #110,666.20 to Modern Business for Bid item #10-084A; Furniture for the new ARC Judicial Center. (Approved by Engineering Services Committee September 13, 2010) 24. Motion to approve the purchase of (1) waste Handler Hydraulic Excavator from Tractor & Equipment of Augusta for the Solid Waste Department. (Approved by Engineering Services Committee September 13, 2010) 25. Motion to approve the purchase of a 4” Godwin Water Pump off the General Services Administration (GSA) Contract GS-07F-9491G. (Approved by Engineering Services Committee September 13, 2010) 26. Motion to approve the authorization for R.J. Griffin to award Bid Package #2, in the amount of $2,066,200.00, which includes all disciplines not covered in Bid Package #1 for 10 the new Reynolds Street Parking Deck and set the GMP for the project at $6,852,006.00. (Approved by Engineering Services Committee September 13, 2010) 27. Motion to approve and accept a Deed of Dedication and Maintenance Agreement for Forest Place, Phases 2-A and 2-B. (Approved by Engineering Services Committee September 13, 2010) 28. Motion to approve award of the Gordon Highway Adaptive Traffic Control System to B and E Electrical in the amount of $104,660. Award will be contingent upon receipt of signed contracts and proper bonds. (Approved by Engineering Services Committee September 13, 2010) 29. Motion to approve and accept a Deed of Dedication and Maintenance Agreement for Hopetown Villas, Phase II. (Approved by Engineering Services Committee September 13, 2010) 30. Motion to approve award of the Light Emission Diode (LED) Module Replacement Project to Republic I.T.S. in the amount of $109,822. Award will be contingent upon receipt of signed contracts and proper bonds as requested by AED. (Approved by Engineering Services Committee September 13, 2010) 31. Motion to approve and accept the Deed of Dedication and Maintenance Agreement for Longpoint Townhomes, Phase 3-A. (Approved by Engineering Services Committee September 13, 2010) 32. Motion to approve award of the Washington Road Adaptive Traffic Control System to B and e Electrical in the amount of $710,990. Award will be contingent upon receipt of signed contracts and proper bonds as requested by AED. (Approved by Engineering Services Committee September 13, 2010) 33. Motion to approve award of the Wrightsboro Road Adaptive Traffic Control System to B and E Electrical in the amount of $369,120. Award will be contingent upon receipt of signed contracts and proper bonds as requested by AED. (Approved by Engineering Services Committee September 13, 2010) PETITIONS AND COMMUNICATIONS 34. Motion to approve the minutes of the regular meeting of the Commission held th September 7 and legal meeting held September 13, 2010. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Commissioner Hatney, don’t you have a statement to make? Mr. Hatney: Yes, ma’am, I abstain on alcohol, please. Mr. Hatney abstains. Motion carries 7-1. [Items 6-9] Motion carries 8-0. [Items 1-5, 11-12, 14, 34] Mr. Mayor: Madam Clerk, let’s go to those pulled agenda items first. The Clerk: 11 PUBLIC SERVICES 10. Motion to rebid Request for Proposals (RFP) for operation of Augusta Municipal Golf Course. (Approved by Public Services Committee September 13, 2010) Mr. Mayor: Commissioner Brigham, this was your pull? Mr. Brigham: Yes, sir. Mr. Mayor, in Section 3.3 under Special Conditions of this RFP there’s a statement about the business license and I would like to add some language in there to go the following requirement. After the majority of their business, this is talking about the person that applies for this contract to get a, to show proof of a business license. I want to add the language or most secure a city business license within ten business days after the Commission grants approval of the golf course lease. And in Section G of page 12 of the RFP I would like to add where it’s talking about the minimum of being five years of the lease to say a minimum of five years of the lease or a maximum of ten with a five year option to renew for an additional five years. And I’ve talked to the Attorney about this and I think he said it would be appropriate and I’d like for him to confirm that. Mr. Mayor: Mr. Mackenzie. Mr. Mackenzie: That’s correct. Mr. Brigham: And I would like to make a motion that we approve the RFP going back out for RFP’s with these additions to it. Mr. Mayor: Do we have a second? Mr. Jackson: Second. Mr. Lockett: Mr. Chairman, I’d like to make a substitute motion. Mr. Mayor: Commissioner Lockett. Mr. Lockett: The full Commission considered sending the bid out for the Augusta Municipal Golf Course now my colleague wants to make some changes and we don’t have 100% of our commissioners here. So what I would like to do is make a substitute motion that we send it back to committee and next week hopefully we have a full contingent here and we can discuss it and bring it back for the full commission in two weeks. Mr. Mayor: Is there a second on that substitute motion? Mr. Hatney: Second. Mr. Mayor: Commissioner Hatney. Mr. Hatney: I was under the impression that this was one of the items that was to be sent back anyway because of the fact it’s been in some consternation to it. 12 Mr. Mayor: And just for clarification here, Mr. MacKenzie, there’s I believe has there been a appeal of the bid process filed? Mr. MacKenzie: Yes, there was an appeal filed. I actually consulted with the Attorney prior to this meeting. I believe their interests would be protected if it was rebid so they’d have the opportunity to participate in the rebid. Mr. Mayor: Okay, so we’re not doing anything out of line by going ahead and approving or referring it back to committee as there’s an appeal process ongoing with the bid process. Mr. MacKenzie: That would be a viable option to consider. Mr. Hatney: Which? Mr. MacKenzie: Either one. Mr. Hatney: If it’s an appeal process it should go back to committee until that’s cleared up. That’s how I feel about it. Mr. MacKenzie: Are you going to send it back to committee or vote on it today? Mr. Lockett: Mr. Chairman. Mr. Mayor: Commissioner Lockett. Mr. Lockett: Can we get some input from the Administrator, please? Mr. Mayor: Mr. Russell. Mr. Russell: Did you have a specific question or? I mean, I’ve talked to the Attorney and if he’s comfortable with either option at this point that would be the legal advice that I would go with. You know I don’t know what else to say besides that, sir. Mr. Lockett: Well, then I’d like to ask the Attorney this if I could. You had a telephone conversation with another attorney? Mr. MacKenzie: Yes, with the protestor’s counsel. Mr. Lockett: What do have to prove that you had this conversation? Mr. MacKenzie: Well, we hope that there’s some ethical --- Mr. Lockett: Without --- Mr. MacKenzie: --- still left. 13 Mr. Lockett: --- without the antics. I’m not trying to be funny but you had a telephone conversation with somebody telling you what they probably would do. Would this present any harm if we send this back to committee where the ten commissioners can review it and come back up before this full body two weeks from now and take a vote on it. Would any harm or damage be caused? Mr. MacKenzie: No harm would be caused by that action. Mr. Lockett: Thank you. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: How much delay would be caused in the budget process by doing that? Mr. Mayor: Mr. Russell? Mr. Brigham: How much delay and how much is it going to cost us in the budget by postponing this then knowing whether or not we have an arbiter. I doubt if we’ll know whether we have an arbiter before the budget’s approved but are we? Could we? Mr. Russell: It would be extremely fast at this moment in my mind to be able to have a knowledgeable if we, I don’ think --- Mr. Brigham: Everybody’s already looked at it. It’s not like it’s something brand new. We’ve got a list of potential bidders. We’ve had others bidders that said they would bid if the terms were for a longer period of time. You can bring up Mr. Beck and I believe he will tell you that. I think this is a matter of essence that we’re trying to get this resolved before the first of the year. And if all we’re going to do is sit here and delay, delay, delay we can all play that game. This about trying to find a solution to operating the Patch for the coming future and I think the best way to do that is with an outside vendor. I think the faster we move on it the better off we are. And I would urge my colleagues to vote against this substitute motion. Mr. Mayor: Okay, do we have any further discussion? Commissioners will now vote by the --- Mr. Johnson: Mr. Mayor? Mr. Mayor: Yes, sir, Commissioner Johnson. Mr. Johnson: Thank you. Fred, I know that we talked about this probably what four or five months ago in regards to going out for bids just to see exactly what the bids would come back at right? Mr. Russell: We went out on bid per your instructions to determine whether or not we could find a private operator at a reasonable cost for the Patch, yes, sir. 14 Mr. Johnson: Right, but it wasn’t no set in stone that we was going to go with that option. We just wanted to take a look at the bid proposals or the packages to see exactly what the numbers would come back at. Mr. Russell: I think each time you send out a bid that there’s always the option not to proceed with that as an option. So we were looking for a reasonable cost and you would vote at that point on whether or not to accept that or not, yes, sir. Mr. Johnson: And without making this vote today even with the terms of amending as the terms here on the bid package as you said would it have any impact at all if we just delay it for two weeks? Mr. Russell: The budget, I need to present you a balanced budget by the end of October. Obviously to do so it would be my recommendation that you allow me to allow for the Patch in there at some point in time. You have addition days between the, then and the voting on the budget toward the end of November that we can always make modifications. It depends on how fast the bid process took place. I think you could probably expedite that process since we know the market at this particular point in time and get that done within the time frame that we have. But as you all know those wishful thoughts about making things move quickly sometimes don’t happen. So you know that’s a policy decision you all have to make. Mr. Johnson: But we are working it into the budget. Mr. Russell: At this point I plan on presenting you a budget with operation numbers for the Patch in there. The option to you at that point would be whether or not that you would agree to those. If there was a private individual that met those costs obviously either during the process I would include that. Or after the process that would be an addition to the budget procedure that would allow us to reclaim those costs and privatize the operation. Mr. Johnson: Okay, I don’t have a problem with us taking a look at the bid package and seeing if the numbers come back at a. I’ve stated before that I’m really not for privatizing the Patch. I’m just not for that so. But I did agree that I would look you know we’d take a look at the numbers and see so. Thank you. Mr. Mayor: Well, and just, my quick interjection into this. We in order to see about a deal to go with we’ve got to have something on the table and we don’t have anything on the table right now. Okay, if there’s no further discussion and, Madam Clerk, for the point of clarity if you could read back the substitute motion. The Clerk: The substitute motion was to refer back to committee with a recommendation in two weeks. Mr. Mayor: Okay, if there’s no further discussion Commissioners will now vote by the substitute sign of voting. 15 Mr. Aiken, Mr. Bowles, Mr. Jackson, Mr. Brigham and Mr. Smith vote No. Motion fails 3-5. Mr. Mayor: Okay, Madam Clerk, for the point of clarity if you could read back the original motion as well. The Clerk: The motion, the original motion is to rebid the proposal for the operation of the Augusta Municipal Golf Course with the noted changes Mr. Brigham regarding the purchase of a business license and the five-year option to the proposal. Mr. Mayor: Okay, if there’s no further discussion, Commissioner Aitken. Mr. Aiken: I’ve got one question. Would this person being from another country is that one of the obstacles that we face is that he doesn’t have a local or can’t get a business license? Mr. Mayor: It’s my understanding that doesn’t preclude him from getting a business license. Mr. Aiken: Could that have been what prevented him from being qualified to do? Mr. Mayor: Mr. Russell? Mr. Russell: No, the best we can figure is that he went down and asked for a license to run the Patch, a business license to run the Patch. At this point he did not have any ownership, property rights or whatever to the Patch and therefore he could not get a business license to run the Patch. If he had requested a business license to operate the Patch Improvement, LLC or something he could’ve got a business license. That would have been appropriate. Mr. Mayor: Okay, if there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Aiken, Mr. Lockett and Mr. Hatney vote No. Motion fails 5-3. Mr. Mayor: Okay and just once again prior to proceeding the appeal process will be ongoing. So this is, no action taken on this agenda item. Correct? Okay, Madam Clerk, next agenda item, which I believe is thirteen? The Clerk: ADMINISTRATIVE SERVICES 13. 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 enforcements; to add new Sections 3-5-92.2 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 16 and for other purposes. (Approved by Administrative Services Committee September 13, 2010) Mr. Mayor: Mr. Brigham, I believe this was your pull? Mr. Brigham: Yes, sir, Mr. Mayor, it was. I had a fellow Commissioner to ask me to refer it back tothe Administrative Services Committee and to the Finance pull this item and Committee. And I am doing that at his request. a motion Mr. Mayor: You’re putting that in the form of ? Mr. Brigham: I am. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. Commissioner Aiken. Mr. Aiken: I’d like to make a substitute motion. Mr. Mayor: Okay. Mr. Aiken: I’d like to go ahead and move forward with this motion that’s in force on parking. Mr. Mayor: So you’re substitute motion is to approve the agenda item. Mr. Aiken: Correct. Mr. Mayor: Okay. Do we have any further discussion? Commissioner Bowles, then Commissioner Lockett. Mr. Bowles: Mr. Mayor, if this item is passed today I would like to have before the second reading of this item some stats for similar cities such as Savannah and Macon for what their parking fines are from the DDA so that we could see that are parking fines aren’t out of the ordinary for what we would be charging our citizens. Mr. Mayor: Okay. Mr. Bowles: And I’ll second Mr. Aiken’s motion. Mr. Mayor: Okay. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I have some concerns on this. I read the mission statement for the DDA and it doesn’t say anything at all about public safety and enforcing laws. That is the Sheriff’s responsibility and I don’t think the Sheriff’s Department will, is capable of abdicating or renouncing their duties. They are required to enforce federal, 17 state and local laws. And I have a great concern about liability. The DDA assumes this responsibility what’s going to happen when somebody’s parked 12 ½ inches from the curb, and they write them a ticket and that guy happens to be a big guy like me and there’s a confrontation. Who’s going to be responsible for this person’s healthcare? Mr. Mayor: You punch people? Come on, man. Mr. Lockett: Where does due process or the law come in? You know if you go out there and put a boot on somebody’s car where will they take that to? Do they take it to the director of the department or what? I mean you know this is a two weeks in a row that we are trying to give responsibility taken away from somebody that already has the responsibility to do. So I think basically all we need is to enforce existing laws. That same revenue can be derived through the Sheriff’s Department if they right the tickets put the boots on or what have you. I think DDA does an outstanding job but being a retired federal investigator I know that the DDA is not law enforcement. Thank you, Mr. Chairman. Mr. Mayor: Okay. Mr. Aiken: Mr. Mayor? Mr. Mayor: Commissioner. Mr. Aiken: I would like to, one I’ve had a conversation with the Sheriff and as we look at the parking for downtown my hat’s off to DDA because we got to start figuring out parking for our city. Right now we’re already running into a dilemma with parking issues downtown with the TEE Center coming. It’s already inconveniencing people now. So I think that as a city and as Commission I think, instruct the DDA five years ago to start looking at parking and there’s been open meetings within the last year, dialogue for all the downtown merchants and anyone else who was interested in downtown parking for us to do that. So I think as we look at ordinances for our city I think that the citizens of this community looking for leadership from this Commission to help get the teeth in these ordinances and move this city forward. I think parking is just one of those ordinances that we need to move forward with today. We’ve beat this dead horse a long time and if my conversation with the Sheriff, he’s for it and if we can delegate that responsibility to the DDA that would free up another person that was doing the tickets to give more security for the downtown Broad Street business area. So I think that’s a win, win. The Sheriff was going to be here today but I think he had a doctor’s appointment. I wanted to get his input on what he was looking for as parking for downtown as some of his perspective. Hopefully we can bring him back at another time. So I would definitely urge my colleagues to let’s move this forward, let’s step up to the plate to show leadership of this city is really moving forward. And, Mr. Mayor, if we could have a DDA representative, Ms. Woodward, to speak on behalf of that as well. Mr. Mayor: Okay. Ms. Woodward and then Commissioner Johnson and then Commissioner Jackson. Commissioner Aiken, did you have any specific questions or did you? 18 Mr. Aiken: Ms. Woodard, can you just kind of give us a quick synopsis of what the Commission has asked you to do over the years. Give us some clarity on that, some of your dialog with the business people downtown as well as the residents that live downtown. Ms. Woodard: Yes, sir, thank you. About five years ago the Commission asked us to fund a study to start looking at parking management for the downtown area. DDA used SPLOST money in the amount of $50,000 dollars and hired Carl Walker to come down and look at our parking. At that time about 40% of the places on Broad were being occupied for 6-7 hours a day. And that’s probably about a fifth of the inventory. It was more about managing parking. It was more about putting people in the right places. They recommended that we start looking at current ordinances and an overall parking management system. So Sanford Lloyd who is chairman of the committee we spent a great deal of time with parking consultants in that study. We visited other similar cities to our size to look at how they are managing parking. As you all know we came forth in December and looked at paid parking in the form of meters and the public went nuts. We had two public meetings in December and everyone said we don’t want paid parking. So we came back in January and had two more series of public meetings that were very well attended in the pubic. And Commissioners many of you called and said why don’t we just enforce the current ordinance. Let’s make that enforceable to start creating turnover. So we sat down and we looked at the ordinance that’s in place and you all have a copy of that ordinance. It does a good job of fining illegal parking. It tells you, you will get a fine for $20.00 dollars. If you have $45.00 dollars in fines the Sheriff can tow your car. What it doesn’t have is any appeals process. So the ordinance is unenforceable. We believe and I think Andrew can help me with this that happened in 97 when this ordinance was adopted. That was when consolidation happened and traffic court was removed. So we sat down with the Sheriff’s Department. Traffic and Engineering, we worked with city legal and we said okay what’s wrong with this ordinance and what can we do to change it. The Sheriff said it’s unenforceable. The Sheriff said he did not have the manpower to do it. He would rather create and use his manpower for crime, crime issues in downtown. So we looked at other cities. With shrinking manpower and shrinking budgets nationwide, Downtown Development Authority are implanting parking. Michigan and Texas are bid states. The city of Athens Georgia uses their DDA to enforce parking. Looking at it simply is an economic development issue in the overall health of downtown. We went to Savannah. We went to Charlotte. We went to Athens. We sat down with their legal people, their parking people and we looked at what we needed to do to make our ordinance better. All we’re doing is enforcing the existing laws, which are two-hour free parking. After two hours you will be ticketed and there is no paid parking but there are just fines for breaking what’s on the existing and current ordinance which you must move your car in two hours. So anyway you’ve got a copy of the latest revised ordinance and very, very quickly all we did to that ordinance was we just further defined illegal parking. Here in Augusta we have a tendency to park on the wrong side of the street going in the wrong direction against traffic flow. We looked at that. We clarified and defined loading zones. Currently loading zones are a disaster especially during critical peak hours on Broad Street. We addressed handicap-parking restrictions. We gave handicapped challenged folks and extra hour on the ordinance. Instead of two hours they had three in order to get their business done downtown. We defined what is was going to take to put a residential program. We’ve got 3,000 residents living in downtown and no residential permit program. So we looked at what we could do for that. We created a non- judicial process for appeals. It’s exactly what Charlotte does. And impartial hearing officer 19 hears the case. If the person doesn’t like what he hears he can still go to superior court. In Charlotte currently 98% of their cases being heard by this mediation process are resolved and only 2% are going to superior court. We clearly defined parking fines for illegal parking. We looked at what other cities are doing and other cities by the way are looking at changing their parking. And a perfect example is Savannah. I believe Savannah is $15.00 dollars for overstay parking and they are discovering there’s not enough teeth in that. They’ve got meter. People have figured out good grief I can park here all day and not feed the meter and really not even move my car and it’s only going to cost me $15.00 dollars, which they are looking at changing theirs. We increased the overstay vehicle fine from twenty to twenty-five. On current ordinance it’s twenty we increased it to twenty-five. We provided a way immobilize vehicles for chronic abusers. The good news is that most of your taxpayer’s and citizens follow the rules and pay their fines. Unfortunately there’s a small percentage who think the rules don’t apply to them so after three violations your car can be wheel-locked. That’s what Savannah, Athens everyone does. It just puts some teeth into it. We for people who just had one outstanding ticket we looked at registration renewal to help pay fines. And what we looked at was creating the allocation of net proceeds from this program to go back into downtown revitalization and there is a cost associated with enforcement. And what we are thinking the net proceeds are going to be at end of the year are going to be about 44,000 dollars. And we provided an arm in this ordinance for us to assist the Sheriff and do this so he can concentrate on crime related ordinances. We went exactly like the city of Athens does. Their DDA hires the people, rights the citations and administers the programs. This is modeled exactly after Athens. This program if passed includes a large educational component. It’s going to take three months to deploy and during that three month period through public service announcements, brochures, website we want to reeducate the public, let them know that what the rules are, where they are. The program includes a two-week warning system. So the first two weeks we’re out there folks who still don’t know the rules will get an opportunity to learn what the rules are and they’ll just get a warning. And this program requires no funding from the Augusta Richmond County Commission. Our goals are simply that we need to change. It’s a reality that there’s a parking problem downtown there is and we need to maximize it and just make like George Harrison said. We need cash registers saying we need, we have 25% of our storefronts are empty. We need to fill them and we need to have an answer to where are my customers going to park. Mr. Mayor: Okay, thank you. Commissioner Johnson and then Commissioner Jackson. Mr. Johnson: Thank you, Mr. Mayor. Ms. Woodward, would they actually deputize these officers to write these citations? Would they be and would this be done through the Sheriff’s Department. How would it work because I heard you just mention about hiring somebody to go out and do that. And of course you need to have somebody that’s authorized not just looking like a civilian but somebody’s who’s authorized to oversee these parking. Ms. Woodard: It is my understanding through the Sheriff’s Department these employees will not have to be deputized. Are plan is to hire a parking manager part time bookkeeper and six people to assist with this process. Mr. Johnson: So would they have uniforms --- 20 Ms. Woodard: It would be very similar to the caddies what you see with our caddies. Yes they will have different uniforms. This is not, this is not meant to be a Nazi like program. It’s meant to be very friendly just like our caddies are. It would be you know helping people if someone pulls in at first it would be an education but yes they would have distinct different uniforms similar to the caddies. And another way to look at this is this could be six additional set of eyes on the sidewalks just like with our caddy program currently. Mr. Johnson: And how much is this going to cost. Is it going to be an additional cost to what you’re already spending now or are you using current people that you have in place now to do this? Ms. Woodard: No, sir, we talked about using the caddies but we feel like that is a separate mission. They’re hospitality and passengers in a clean team and we wanted to keep that so this would create about eight new jobs. Ms. Johnson: And how much is that going to cost you? Ms. Woodard: Um, I hold on a second. To employ everyone it looks like it’s going to be about $145,000 dollars a year. Mr. Johnson: So we plan to generate about $200,000 dollars out of parking tickets a year? Ms. Woodard: Yes, sir. Mr. Johnson: Thank you, Mr. Mayor. Mr. Mayor: Commissioner Jackson. Mr. Jackson: Call for the question. Mr. Mayor: Okay um, actually Commissioner Smith the question has been called for. Mr. Smith: I’ve been sitting down here waiting for about thirty minutes. Mr. Mayor: Okay. Mr. Smith: You need to look down this way, Mayor. Mr. Mayor: Okay, the question has been called but respectfully I’ll hear from Commissioner Smith then Commissioner Hatney because my attention was turned that way. Commissioner Smith. Mr. Smith: Thank you. Where will these employees park? Mr. Smith: Yeah. 21 Ms. Woodard: Where will employees park? We will assist truly, Commissioner Smith, really responsible employers are already taking care of their parking needs. You know the tellers in the Wachovia Building have been paying for that deck for years. People make, most responsible employers make arrangements through their employers. We are in discussion with private property lots to see if we can assist in moving people, the employees off the street to affordable convenient parking. And we have zeroed in on about fifteen lots. Mr. Smith: I think that needs to be done before we vote on this to make sure they do have a place to park. Ms. Woodard: Yes, sir, I can see your point but they don’t want to enter into a contract with me to manage parking unless they know that this ordinance is passed and it’s going to be enforced. It’s kind of like a chicken and egg thing. Mr. Smith: Yeah, I don’t know what the employees of this building would do if we told them that. Two hours, I mean really. Ms. Woodard: Do the employees in this, where do they park, in the back hall. Where do the employees in this building? Mr. Smith: They park on the grounds. Ms. Woodard: Pardon? Mr. Smith: They park on the grounds out here. Mr. Mayor: They park in the parking lot but if there’s court of something I mean they have to park on the street at times as well. Ms. Woodard: We will certainly assist with, that’s part of this plan to get the residents and the employees in the right place and we will this is something that came up in the public meetings. Something we’re taking seriously. In fact we’re currently working with Morris Communications on helping relocate all the parking that’s currently going to be lost due to the parking deck construction that starts on Monday. Mr. Mayor: Okay, Commissioner Hatney and then we’ll have the vote. Mr. Hatney: Very briefly. Had we not closed down city court whereas that was the court that was used to enforce these parking tickets, we wouldn’t be having this conversation today. But the reason, when they closed that down there was no, there is no court without this ordinance. There’s not court to enforce that parking ordinance. So that’s primarily what this is for. To just move this to the state court so there is a court available and that’s the biggest part of it because it was already in place. But when they got smart and closed down the city courts to overseer of that that left nobody to do it. The Sheriff’s says about 40% of the folks pay but then you got 60% of the folk that doesn’t so he’s got stacks of stuff in his office but with nobody to 22 enforce it. So that’s primarily what this is. I don’t think it’s, from my personal perspective is not so much an enforcement of something that’s not in already, it’s more enforcing something that’s already in place but no court to put it in. This ordinance will allow the state court to be the representative. Mr. Mayor: Okay, Madam Clerk, the question has been called for. We have a substitute motion on the floor. For the point of clarity I believe the substitute motion was to approve. The Clerk: It was to approve and that a survey be conducted wit the cities of Macon and Savannah to make sure that the proposed fines are in line with the other communities. Mr. Mayor: And just this approval just to clarify does not waive the second reading? Is that --- The Clerk: No, sir, they’re not asking for a waiver of a second reading. Mr. Mayor: Okay. The Clerk: The substitute motion was to approve the ordinance and to conduct a survey with Macon and Savannah. Mr. Mayor: Okay, Commissioners will now vote by the substitute sign of voting. Mr. Jackson, Mr. Brigham and Mr. Smith vote No. Motion fails 5-3. Mr. Mayor: Okay, Madam Clerk, we had the original motion. Could you please read that back for clarity? The Clerk: The original motion was to refer back to the Finance and Administrative Services Committees for further study. Mr. Mayor: Commissioners will now vote by the usual sign of voting. Mr. Hatney votes No. Motion carries 7-1. Mr. Mayor: Thank you. Okay, Madam Clerk, on to the regular agenda. The Clerk: PLANNING 35. Z-10-51 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the condition that the only residents be elderly women; a petition by Mrs. Curtis Williams, on behalf of Curtis L. Williams, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the 23 Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .20 acres and known as 3420 Gary Circle. (Tax Map 122-4-050-00-0) DISTRICT 2 Mr. Mayor: Mr. Patty. Mr. Patty: Yes, sir. This is a 1350-square foot house three bedroom, two bath it backs up to Bobby Jones Expressway off of Highway 56. And we had a letter from someone who claimed to be the neighborhood, director of the neighborhood association opposed to it. However they were not present at the meeting. The applicant stated that she only wanted to keep a few elderly women in the house and it was approved with the condition that the only residents could be elderly women. Mr. Mayor: Okay, do we have any questions? Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. Do we have anybody to oppose it, oppose to the personal care home here? George, where exactly is Gary Circle? I need to see, you said Mike Padgett? Mr. Patty: Louisville Road, Bobby Jones and Mike Padgett. It actually backs up to Mike Padgett over near the Georgia Regional Hospital. Mr. Mayor: Okay. Mr. Patty: Unless you had some reason to go back there you’d never go back there. Louisville Road and Mike Padgett and Bobby Jones form a triangle. It’s in the, clear in the back of that triangle. Mr. Johnson: Okay, I think that’s District 6. It’s not two. I’m on the opposite side of Mike Padgett. Mr. Patty: You’re probably correct on that. Mr. Johnson: That’s Joe’s district. Just wanted to clarify that. I think that was my district. Mr. Mayor: Okay, there were no objectors in the chambers noted. Can we get a motion on this? Mr. Lockett: Mr. Chairman, I’d like to ask them a question, please. Mr. Mayor: Yes, sir, Commissioner Lockett. Mr. Lockett: Would you please define this? What is, what are the elderly women, ninety and above? Thank you. 24 Mr. Mayor: You’re still wanting to yank people out of their cars on Broad Street. I’m not putting you in that category. We have a motion --- Mr. Jackson: Motion to approve. Mr. Mayor: --- to approve. Is there a second? Mr. Bowles: Second. Mr. Mayor: We have a motion and a second. The Clerk: I didn’t get the motion. Who was it? Joe and Mr. Joe. Joe and Joe. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Motion carries 8-0. The Clerk: PLANNING 36. 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 Mr. Mayor: Mr. Patty. Mr. Patty: Yes, sir, this is, this is a lady who has background in health sciences and she wanted to keep some veterans in the house with her. This is a live in situation where she would live in the house and provide these services to a number of veterans. We did have objectors to this. We had a couple folks present. One made a presentation that we had an email chain from approximately twenty people in opposition to it. Mr. Mayor: Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. While I see this as a wonderful thing, but to start bringing in businesses into residential neighborhoods in my opinion not the best thing to do for the safety of our neighborhoods. And I’d like to ask Mr. Patty what his recommendation to the Planning Board was whether or not to approve this or not. Mr. Patty: The staff recommended that it not be approved. Mr. Bowles: I’ll make a motion to deny this request. 25 Mr. Jackson: Second. Mr. Mayor: We have a motion and second. Is there any further discussion? Mr. Russell. Mr. Russell: Mr. Mayor, it would be appropriate, the petitioner is here, to let him speak I believe before you take a vote. Mr. Mayor: Okay, if we could hear from. What’s that? If we could hear from the applicant before the vote’s taken. Ms. Luke: Hello my name is Ramonica Luke. Actually it’s not going to be a live in thing. I’m actually going to be moving out and housing about five, possible five physically disabled veterans. And I actually have a petition from some people in the neighborhood, twenty- eight signatures who are for this personal care home if you want to. Mr. Mayor: If you could --- Ms. Luke: There’s some signatures on the second page also. Mr. Mayor: Okay, do we have any questions for the petitioner, from the applicant? Okay, thank you, ma’am. I was looking your way. You were kind of raising it a little slow there. Mr. Smith: You forget about us old Turks. That would make it seven people in that three-bedroom house? Ms. Luke: No, it would make it five people, possibly five people in the three-bedroom, one and a half bath house. It’s approximately 1500 square feet. I’m going to actually move out of the house and move possibly five people into this house Mr. Smith: But you live there now? Ms. Luke: Yes, I do. Mr. Smith: That’s two people living there now? Ms. Luke: Yes, two people living there now. Mr. Smith: And are you supposed to be taking care of these people that you propose to bring in, those five people? Ms. Luke: Yes, me and my mother. Mr. Smith: Is she going to live there? 26 Ms. Luke: Well, actually there’s going to be someone there 24 hours a day, seven days a week. I’m a full time employee at University Hospital so the days that I’m working she’s going to be there. And the days that I’m off I’m going to be there. Mr. Smith: Okay, thank you. Mr. Mayor: Okay, thank you. Do we have any further questions? Okay we have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Hatney: What’s the motion? The Clerk: To deny. Mr. Mayor: Excuse me? We will hear from um, to give equal time we do have somebody opposing this. Mr. Russell: Mr. Mayor, if we could get those opposed to raise their hand I’ll count them prior --- Mr. Mayor: Please. Mr. Russell: --- to this presentation if you like. Thirteen sir. Mr. Mayor: And if you could please state your name and address for the record, please, sir. Mr. Speaker: My name is Luther Bill Price. I am a resident of Forest Estates. Have been a property owner for 44 years. Many of the people that you see here in this crowd have also been residents for in excess of thirty years. I bid no ill will towards Ms. Luke. She is also a resident and homeowner of Forest Estates. I checked the record she is the homeowner. Three weeks ago when we were here in this chamber and listening to the committee speak very few people in fact even on the committee itself new what a Personal Care Home facility was, what it did and it was a business. And I have went into the real estate office upstairs, or downstairs I should say from where we are now and looked at the covenants that was drawn by Mr. J.C. Bible in 1963 on Forest Estates. It stated that it was set up and built for single-family dwellings. Mentioned nothing about allowing businesses. I know that in the code that Augusta-Richmond County has right now there is not indication as to who she is going to answer to as the owner of that facility. There is a Georgia code that I went on line and pulled down. Sixty-one pages long that states specifically what owners of personal care facilities are required to do and the restrictions they have on them. There is nothing in the Richmond County Augusta code comprehensive zoning ordinance that I can find that states what the requirements are. But that’s not up to us that if this is approved to make sure that she’s doing the job right. That’s up to the State of Georgia and the Richmond County Zoning Commission or whoever is in charge. I’m speaking today representing these people here as homeowners. As was indicated before by Commissioner Bowles this neighborhood has been a good neighborhood for the past 44-years. 27 We do not have businesses in that neighborhood now. We have stood together in this chamber years before and echoed our sentiments about people trying to start them up and we feel that this is not the time or the place for this type of business. It is a business that I’m sure that if she complies with all the requirements from the state to have that house prepared for those people that it is not going to be for the love of the individuals that she indicated before. It’s going to be for the love of the business and the love for the profit. I went on Central Avenue down to a personal care facility and went in there and asked if they had fees established. And they were reluctant but they told me they said yes we do and it is a profitable business. So as a homeowner for Forest Estates and representing the people out here I do not bid her ill will but I am definitely opposed and object to allowing this personal care. It’s called as a petitioner said a family care. I can’t find the word family personal care facility in the Georgia code. Only in the Augusta- Richmond County zoning can I find that word family personal care. Mr. Mayor: Okay, thank you, sir. Mr. Hatney: Mr. Mayor? Mr. Mayor: Yes, sir, Commissioner Hatney. Mr. Hatney: My concern is, is that with I think that Mr. Patty said that the Planning and Zoning forty-two not approved but that’s not what’s written down here. Mr. Mayor: No, Mr. Patty’s recommendation was not to approve but they, staff recommendation was not to approve but the Planning Commission --- Mr. Hatney: Okay. Mr. Mayor: --- went against the staff recommendation. Mr. Hatney: And the other concern I had was that when you were dealing with the old ladies there wasn’t no problem what so ever. None. Even Mr. Lockett wanted a definition what they’re called, old elderly women. Nobody had nothing to say. It’s a strange town we’re living in. Mr. Mayor: Okay and, ma’am, you did not use up your whole five minutes so you’ve got just a little bit more time to speak. To have equal representation and be fair we’ve heard from both sides. Go ahead. Ms. Luke: I actually have a copy of that covenant. And this covenant was built excuse th me was written in January 24 1961 and I actually want you to read something. It’s actually on the second page. It’s a continuation from the first page. Mr. Mayor: Okay. Ms. Luke: I want you to also read number sixteen with this term. 28 Mr. Mayor: Okay. Ms. Luke: Like a said before I have a petition with twenty-eight signatures --- Mr. Mayor: Okay. Ms. Luke: --- who was actually for this personal care home so --- Mr. Mayor: Okay. Ms. Luke: --- and this is the covenant you were talking about. Mr. Mayor: Okay, thank you, ma’am. Okay, we have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Brigham: Restate the motion, please. Mr. Hatney: What’re we voting on. Mr. Mayor: What’s that? Mr. Brigham: Restate the motion. Mr. Mayor: Madam Clerk, for clarity, could you? The Clerk: The motion was to deny the petition requesting a Special Exception to establish a Family Personal Care Home on property known as 1613 Fairwood Drive. Mr. Lockett, Mr. Smith and Mr. Hatney vote No. Motion fails 5-3. Mr. Mayor: No action taken. I believe that ends our agenda Madam Clerk. The Clerk: Yes, sir. Mr. Mayor: Mr. Attorney, do we have the need for a Legal Meeting? Mr. Mackenzie: Not today. Mr. Mayor: Okay, if there’s no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission 29 CERIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on September 21, 2010. ______________________________ Clerk of Commission 30