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HomeMy WebLinkAboutNovember 16, 2010 Commission Meeting REGULAR MEETING COMMISSION CHAMBER NOVEMBER 16, 2010 Augusta Richmond County Commission convened at 5:00 p.m., November 16, 2010, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Smith, Mason, Grantham, Aitken, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. ABSENT: Hon. Hatney, member of Augusta Richmond County Commission. The invocation was given by the Reverend Larry Cone, Pastor, St. Paul Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: And, Pastor, if you could come forward we’ve got something for you. I just want to say thank you for that powerful invocation my friend. By these present by it known that Reverend Larry Cone, Pastor of St. Paul Baptist Church is Chaplain of the Day. For his civic and spiritual guidance demonstrated throughout the community serves as an example for all of th the faith community. Given under my hand this 16 Day of November 2010. Deke Copenhaver, Mayor. Thank you, sir. Reverend Cone: Thank you, Deke. Mr. Mayor: Yes, sir. (APPLAUSE) And, Madam Clerk, before we move into the recognitions, I’d like to take this opportunity to recognize Commissioner Elect Wayne Guilfoyle and Commissioner Elect Grady Smith who are here with us this evening and say congratulations. And I know that the Commission joins me in welcoming you to the team. Thank you so much. (APPLAUSE) On to the recognitions. RECOGNITION(S) Employee of the Month A. Mr. Steve Little, Assistant Director, Augusta Utilities Department, September Employee of the Month. The Clerk: At this time we would like to recognize our September Employee of the Month, Mr. Steve Little who is the Assistant Director at the Augusta Utilities. And on his behalf Mr. Tom Wiedmeier who will receive that award. RECOGNITIONS B. Ms. Rebecca Godbee, Benefits Coordinator, Human Resources Department, October 2010 Employee of the Month. The Clerk: We now will recognize our October Employee of the Month who is Ms. Rebecca Godbee, who is the Benefits Coordinator with our Human Resources Department. Ms. 1 Godbee along with Mr. Rod Powell who is the Director if you’d like to join them or Mr. Bobby Burns, H.R. Personnel who’d like to. The Clerk: Mayor Copenhaver. The Employee Recognition Committee has selected Rebecca Godbee as the October 2010 Employee of the Month for the City of Augusta. Rebecca Godbee is employed as a Benefits Coordinator with the Human Resources Department and has been an employee since February 2008. Mrs. Godbee was nominated by Bobby Burns the Human Resources Manager. When the possibility of implementing a totally new automated system with paperless enrollment features was being considered, Rebecca Godbee came forward and volunteered to take the lead in the very complex conversion project. She led the implementation team from the automation of benefits using ADP’s Health and Welfare System. She worked diligently to make sure the project stayed on schedule and was properly completed even though she had to continue to manage her regular workload while simultaneously leading and implementing the new system integration project. Savings with the new system and reduced paperwork increased availability of customer service new help line and on line access to their records will save significant processing time as well as time away from the job which results in improved productivity. The greatest single financial benefit may be related to automating the flow of enrollment data to carriers. A premium cost savings of two to five percent is expected by simply scrubbing the data and automating data flow translating into a potential premium savings of approximately $400,000 dollars per year. The Employee Recognition Committee felt that based on this nomination and Ms. Rebecca Godbee’s dedicated and loyal service to the City of Augusta they would appreciate in joining us in awarding her the October 2010 Employee of the Month. Congratulations, Rebecca. (APPLAUSE) Mr. Mayor: And I just want to say thank you so much for your service. Dear Ms. Godbee. 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 October 2010. Your contribution to your organization Augusta Richmond 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 Human Resources Department and all the citizens of Augusta Georgia. Please accept my personal congratulations of this wonderful award. You are truly deserving of this recognition. Sincerely yours, Deke Copenhaver, Mayor. (APPLAUSE) Mr. Powell: Briefly I just wanted to thank Becky for all of her hard work. She’s one of these behind the scenes people that’s back there turning it out all the time and stays very, very busy if you’ve ever gone back to deal with benefits or retirement. But on top of her regular workload she volunteered to take on the ADP project, which was fantastic. So again thank you very, very much from all us to you, you deserve it and we appreciate it. (APPLAUSE) Mr. Mayor: Okay, Madam Clerk, on to the delegations. The Clerk: 2 DELEGATIONS C. Ms. Annette McKie, The Augusta Bus Riders Association. RE: Issues concerning the Augusta Public Transit System. Mr. Mayor: Okay and if you could keep it to five minutes please Ma’am. Ms. McKie: Good evening, gentlemen. My name is Annette McKie and I am not only a member of the Augusta Bus Riders Association but I am also a frequent rider of the bus. I am here to represent the over two-hundred bus riders who represent everyday workers, students, senior citizens and the handicapped who are looking forward to the Augusta Public Transit’s System fulfilling their mission statement to give our customers access to all regions of Augusta Richmond County by providing a quality, dependable, safe, accessible and affordable transit service thereby enhancing the mobility of the general public as well as the disadvantaged. The Augusta Bus Riders Association has provided you with a list of twenty-eight approved improvements that the public would like to see happen. We are not naïve to the financial aspects of running the public transit system but the bus riding public do not believe that they are asking for too much when they want the buses to get them to work on time. To their early morning doctor’s appointment, for college students to be able to get off campus and see what Augusta has to offer them. And for our veterans to have more ways to get around Augusta. The Augusta Public Transit director once said I hope that your ride with us will be a pleasant experience that you will want to share with your family, friends and neighbors. But as of right now there’s nothing good to be said about the public transit system of Augusta. Together let’s change that. The mission statement of the Augusta Bus Riders Association is to be the voice of the Augusta bus riders to insure better service and create a more pleasant and less stressful experience for the riders of the Augusta Public Transit System. That statement means that the association will continue to press for improvements until we get some results. Thank you, gentlemen, for listening. Mr. Mayor: Thank you so much. Mr. Mason: Mr. Mayor. Mr. Mayor: Yes, sir, Mr. Mayor Pro Tem. Mr. Mason: Um, Ms., is it Mackie, McKie? Do you have, did you bring some copies or can we get that so each of us can have copies? And the only thing I want to say in reference to that I think we all understand that we do have a number of issues within our transportation department. Cost number one to running to do some of the things that you’re asking here. Obviously there’s a number of things on this list from a governmental standpoint that would be points of contention that I would realize your regular citizen probably wouldn’t understand in terms of how government is ran. So I’m wondering if it would even be necessary for a meeting to be set up perhaps with the bus riders association because I don’t want you to think that we don’t think that you’re the situation is not viable because it is in a lot of ways. Not in every way that I see on here that’s my opinion but it is in a lot of ways. I think it’s important for you to have some dialog back and forth and maybe with the City Administrator or our transportation staff so that you can somewhat understand some of the limitations that we have up here as a 3 government in terms of being able to do some of these things that are asked on here. And then some of the things that perhaps we could do those could be points of discussion. You see what I’m saying instead of just leaving it out there. I see where Joe has his hand up so that’s. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: Mr. Russell, aren’t we in the middle of procuring, in the middle of an RFP for a professional management firm to come try to transform our transit department? Mr. Russell: Yes, we are in the process of developing that and that should be with you sometime in early December to get permission to go ahead and take a look at that. In addition we have met with the bus riders association several weeks ago. I believe I was there. But I believe that probably further dialog would be appropriate and I’d be more than happy to set something up sometime right after Thanksgiving maybe. And if we’ve got your address and stuff but if we could make sure we could communicate that to the rest of your members we’ll be more than happy to get the staff available to continue that dialog. I think that’s important. Mr. Mayor: Okay. Thank y’all. Mr. Mason: Do we need to receive that as information? Mr. Mayor: Can I get a motion to receive this as information? Mr. Mason: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. If there is no further discussion Commissioners will now vote by the usual sign of voting. Motion carries 9-0. Mr. Mayor: Thank you, ma’am. And on to the consent agenda. The Clerk: Yes, sir. Our consent agenda consists of items 1-40, that’s items 1-40. 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 a petition for, to amend the Comprehensive Zoning Ordinance of Augusta Richmond County permit to use in a Heavy Industry zone. Item 3: Is a petition for requesting a Special Exception to establish a Family Personal Care Home at property known as 2006 Sibley Road. Item 4: Is a request for a change of zoning from a Zone R-3C (Multiple-family Residential) with a Special Exception to establish a nursing Home affecting property zoned A (Agriculture) at Flowing Wells Road. 4 Item 5: With conditions is a request for a zoning (Z-99-16)(Light Industry) affecting property known as 1632 & 1640 Barton Chapel Road. Item 6: Is a request for a change of zoning from R-1 (One-family Residential) to a Zone R-1C (One-family Residential) affecting property on Thames Place west of Barnsbury Place. Item 7: Is for telecommunication towers in single-family zoning. The Clerk: Are there any objectors to any of those Planning petitions as read? Mr. Russell: None noted, Madam Clerk. 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 objections by raising your hand when the petition is read. I call your attention to: Item 8: Is for a transfer for a Liquor, Beer & Wine license to be used in connection with the location at 1450 Greene Street Suite 600. Item 9: Is for a retail package Beer & Wine license to be used in connection with Super Express located at 2545 Peach Orchard Road. Item 10: Is for a Liquor, Beer & Wine license to be used in connection with Chong’s Lounge located at 3243 Deans Bridge Road. Item 11: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with A’s Sports Bar located at 2510 G Peach Orchard Road. Item 12: Is for a retail package Beer & Wine license to be used in connection with the Lucky Trip convenience store located 2260 Lumpkin Road. Item 13: Is for on premise consumption Liquor, Beer & Wine license to be used in connection with the 5 O’Clock Bistro located at 2111 Kings Way. Item 14: Is a Beer & Wine license to be used in connection with the Holiday Mart located at 4127 Windsor Spring Road. Item 15: Is for a retail package Beer & Wine license to be used in connection with the Super Express at 1342 Gordon Highway. Item 16: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with Surrey Tavern located 471 Highland Avenue. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Mr. Mayor and members of the Commission, our consent agenda consists of items 1-40 with no objectors to our Planning or Alcohol petitions. Mr. Mayor: Okay, do we have any items to be added to the consent agenda? Hearing none, I’d ask do we have any items to be pulled for discussion? Mr. Russell: Mr. Mayor, if we can item twenty-two under Public Safety. We’ve got some more information on that and I’d like to send that back to committee if you don’t mind. 5 Mr. Mayor: Is everybody okay with that? Okay, any items to be pulled? Mr. Grantham: Mr. Mayor, I want to --- Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. I’d like to refer item number 43 and 44 back to committee for a clear understanding. And if possible an additional work shop for that. The Clerk: What item is that, Commissioner? Mr. Grantham: Forty-three and forty-four. The Clerk: You want to send that back to committee? Mr. Grantham: Yes, ma’am. The Clerk: So we want to add that to the consent agenda? No, he wants to add it to the consent to send it back to committee. Mr. Mayor: To send back to committee. The Clerk: And Mr. Russell wants to do the same for item twenty-two. Mr. Mayor: Okay. Mr. Mayor Pro Tem, did you? Mr. Mason: I need some clarity I guess. Mr. Mayor: Okay, hearing no further items to be added or pulled I’d look for a motion to approve the consent agenda. Mr. Johnson: So moved. Mr. Mason: Second. CONSENT AGENDA 1. ZA-R-200 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance of Augusta Richmond County by modifying Section 24-1 (d) permitted used in an HI (Heavy Industry) zone. 2. FINAL PLAT – GRANITE HILL SECTION III – S-815 – A petition by Southern Partners Inc., on behalf of Crowell & Co., requesting final plat approval for Granite Hill Section 3. This residential subdivision is located off Harper Franklin Boulevard, east of Jimmie Dyess Parkway and contains 157 lots. 3. Z-10-61 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Ricky E. Kidd requesting a Special Exception to 6 establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .46 acres and is known as 2006 Sibley Road. (Tax Map 055-1-083-00-0) DISTRICT 5 4. Z-10-62 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Byrd Warlick, on behalf MEM Real Estate, LLC, requesting a change of zoning from Zone R-3C (Multiple-family Residential) with a Special Exception to establish a nursing home per Section 26-1 (D) of the Comprehensive Zoning Ordinance for Augusta Richmond County to Zone A (Agriculture) affecting property containing approximately 27 acres and is located on the northeast right-of-way line of Flowing Wells Road, 1,293 feet, more or less, north of Elm Avenue. (Tax Map 029-0-045- 00-0) DISTRICT 3 5. Z-10-63 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions 1) an undisturbed natural buffer must be maintained along the south property line; 2) a 50 foot “no activity zone” shall be observed along the south property line; 3) a six foot solid board fence shall be erected on the interior side of the 50 foot “no activity zone” along the south property line; a petition by H. Lawson Graham, on behalf of Chris Walker, requesting a modification of the conditions placed on a 1999 rezoning case (Z-99-16) for Zone LI (Light Industry) affecting property containing 8.87 acres and is known as 1632 and 1640 Barton Chapel Road. (Tax Map 054-0-020-01-0 & 054-0-020-02-0) DISTRICT 3 6. Z-10-64 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following condition 1) that the development be limited to 31 lots; a petition by Nathan Youngblood, on behalf of Nordahl and Company, requesting a change of zoning from Zone R-1 (One-family Residential) to Zone R-1C (One-family Residential) affecting property containing approximately 19 acres and is known as Section XV of Cambridge Subdivision and is located on the northeast right-of-way line of Thames Place, 71 feet, more or less, west of Bansbury Place, thence, in a northwesterly direction a distance of 49 feet, more or less, to a point. (Tax Map 142-0-091-00-0) DISTRICT 4 7. ZA-R-199 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance of Augusta Richmond County by deleting Section 28-A-(5-B-2) defining telecommunication towers in the single family zones. PUBLIC SERVICES 8. Motion to approve the Transfer Application: A.N. 10-48: request by Brad Usry to transfer the Liquor, Beer & Wine license used in connection with the Riverfront Café th located at #1 7 St. to Fat Man’s Mill Café located at 1450 Greene St. Suite 600. District 1. Super District 9. (Approved by Public Services Committee November 8, 2010) 9. Motion to approve New Ownership Application: A.N. 10-49: request by Manpreet K. Makkar for a retail package Beer & Wine license to be used in connection with Suhana, LLC DBA Super Express #3 located at 2545 Peach Orchard Rd. District 2. Super District 9. (Approved by Public Services Committee November 8, 2010) 10. Motion to approve New Ownership Application: A.N. 10-50: request by Chong Suk Christenson for an on premise consumption Liquor, Beer & Wine license to be used in connection with Chong’s Lounge located at 3243 Deans Bridge Rd. District 5. Super District 9. (Approved by Public Services Committee November 8, 2010) 7 11. Motion to approve New Ownership Application: A.N. 10-51: request by Angela L. Askew for an on premise consumption Liquor, Beer & Wine license to be used in connection with A’s Sport Bar located at 2510 G Peach Orchard Rd. District 2. Super District 9. (Approved by Public Services Committee November 8, 2010) 12. Motion to approve New Ownership Application: A.N. 10-52: request by Hye J. Lee for a retail package Beer & Wine license to be used in connection with Lucky Trip convenience store located at 2260 Lumpkin Rd. District 6. Super District 10. (Approved by Public Services Committee November 8, 2010) 13. Motion to approve New Application: A.N. 10-53: request by David J. Ross for an on premise consumption Liquor Beer & Wine license to be used in connection with 5 O’Clock Bistro located at 2111 Kings Way. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee November 8, 2010) 14. Motion to approv3e New Ownership Application: A.N. 10-54: request by Arvind Patel for a retail package Beer & Wine license to be used in connection with Laxmi Narayan Market located at 4127 Windsor Spring Rd. District 4. Super District 9. (Approved by Public Services Committee November 8, 2010) 15. Motion to approve New Ownership Application: A.N. 10-55: request by Satnam Singh for a retail package Beer & Wine license to be used in connection with Satta, LLC DBA Super Express #4 located at 1342 Gordon Hwy. District 1. Super District 9. (Approved by Public Services Committee November 8, 2010) 16. Motion to approve New Ownership Application: A.N. 10-56: request by Matthew G. Widener for an on premise consumption Liquor, Beer & Wine license to be used in connection with Surrey Tavern located at 471 Highland Ave. There will be Dance. District 7. Super District 10. (Approved by Public Services Committee November 8, 2010) 17. Motion to approve a request by License & Inspections to renew all current Arcade, Adult Entertainment Establishments and Alcohol Beverage License Holders in good standing and current on all Taxes & Fees. There will be Dance. There will be Sunday Sales with the exception of Mamie Lee’s Southern Cooking. District 1 thru 8. Super Districts 9 & 10. (Approve by Public Services Committee November 8, 2010) 18. Motion to approve the Concession Improvement Area Change Order #1 as requested by the Augusta Aviation Commission. (Approved by Public Services Committee November 8, 2010) ADMINISTRATIVE SERVICES 19. Motion to authorize submission of the 2010 Exhibit I and II Continuum of Care Application to HUD and grant the Mayor the authority to execute all forms associated with the Application which also include submission of the Follow-up Technical Submission Application, renewal Grant Agreements and Annual Progress Reports. (Approved by Administrative Services Committee November 8, 2010) 20. Motion to approve the creation of the proposed position (job description attached) for HVAC Technician II, convert the vacant Electrician II position at the Public Services Facilities Management Construction Shop to the HVAC Tech II and transfer the position to the Webster Detention Center Operations Group. (Approved by Administrative Services Committee November 8, 2010) PUBLIC SAFETY 8 21. Motion to approve the installation of fiber optic cabling to provide network and telecommunications services to the Judicial Center located at 735 James Brown Blvd, as th well as a redundant connection to the Coroner’s Office located at 921 8 St. (Approved by Public Safety Committee November 8, 2010) 22. Motion to award the Inmate Medical Contract for the Richmond County Sheriff’s Office to Correct Care Solutions at a cost of $4,338,000 per year for a five-year period. (Approved by Public Safety Committee November 8, 2010) FINANCE 23. Motion to approve the transfer of funds to cover Worker’s Compensation claims expenses through the end of 2010 in the amount of $275,000. (Approved by Finance Committee November 8, 2010) ENGINEERING SERVICES 24. Motion to approve an option for the purposes of acquiring a Right-of-Way between Prayon, Inc., as owner, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Improvement Project, conveyed in fee simple, consisting of (9,291 sq. ft.) more or less, and (150 sq. ft.) of permanent easement, more or less; and (5,171 sq. ft.) of temporary construction easement from the property located at: 1610 Marvin Griffin Road, private, at the purchase price of $24,500.00. (Approved by Engineering Services Committee November 8, 2010) 25. Motion to approve the demolition of dilapidated structures on Landfill property. (Approved by Engineering Services Committee November 8, 2010) 26. Motion to approve the purchase of (2) John Deere 333D Track Loaders with attachments off Georgia State Contract SWC080773. (Approved by Engineering Services Committee November 8, 2010) 27. Motion to approve the purchase of (3) Live Floor Trailers from Travis Body & Trailer, Inc. (Approved by Engineering Services Committee November 8, 2010) 28. Motion to approve the adoption of Augusta, Georgia NPDES Municipal Separate Storm Sewer System (MS4) Stormwater Management Program (SWMP)-2010 SWMP modification as requested by AED. (Approved by Engineering Services Committee November 8, 2010) 29. Motion to approve CSX Letter of Agreement for Gordon Highway Easement GA-245- 1036972. (Approved by Engineering Services Committee November 8, 2010) 30. Motion to approve a Change Order in the amount of $46,766.60 to Technical Service Audio Visual (TSAV) for providing the Digital Recording Systems for the Hearing Rooms for the New Judicial Center. Total amount of TSAV audio-visual contract including this request will be $870,766.60. (Approved by Engineering Services Committee November 8, 2010) 31. Motion to approve Change Order in the amount of $47,413.13 to Weinberger Business Interiors for additions and modifications to the furniture schedule from bid #10-084A for the Augusta Judicial Center and John H. Ruffin, Jr. Courthouse. (Approved by Engineering Services Committee November 8, 2010) 32. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Kellogg Company, f/k/a Keebler Company, as owner, and Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road Impro9vement Project (610 sq. ft.) in fee of 9 permanent drainage and utility easement from property located at 1530 Marvin Griffin Road, private, at the purchase price of $500.00. Also granted (6,378 sq. ft.) of temporary construction easement, more or less. (Approved by Engineering Services Committee November 8, 2010) 33. Motion to approve award of Construction Contract to Mabus Brothers Construction in the amount of $299,515.00 for the Paving Various Road, Phase IX – Contract III (Pyes Court) Project CPB #324-041110-208824001, subject to receipt of signed contracts and proper bonds as requested by AED. Funding is available in the project account. (Approved by Engineering Services Committee November 8, 2010) 34. Motion to authorize condemnation to acquire title of property for right of way for the Lamar Road Paving Project, Tax Map 226, Parcel 005-01; 2645 Lamar Road. (Approved by Engineering Services Committee November 8, 2010) 35. Motion to approve award of Construction Contract to Mabus Brothers Construction in the amount of $1,372,680.50 for Resurfacing County Roads (Urban) Phase II Project, subject to receipt of signed contracts and proper bonds. Funding is available in SPLOST Phase IV as requested by AED. (Approved by Engineering Services Committee November 8, 2010) 36. Motion to approve award of Construction Contract to Mabus Brothers Construction in the amount of $886,313.00 for the Resurfacing County Roads (Suburban) Phase II Project, subject to receipt of signed contracts and proper bonds. Funding is available in SPLOST Phase IV as requested by AED. (Approved by Engineering Services Committee November 8, 2010) 37. Motion to approve Augusta-Richmond County to supplement the contract of RW Allen, LLOC in the amount of $51,000 to relocate a sanitary sewer line in order to resolve a conflict between an existing storm sewer and sanitary sewer located on the southeast corner of the Broad Street and the former Pearl Avenue which is currently part of the Kroc Center Property. (Approved by Engineering Services Committee November 8, 2010) 38. Motion to approve Capital Project Budget 324-041110-210824702 Change Number One and Change Order One for additional site drainage improvement work in the amount of $25,229.79 to J. Harris Trucking and Construction, Inc. on the Village West Drainage Improvements project. Funding will be from SPLOST Phase IV Fund Account Balance as requested by AED. (Approved by Engineering Services Committee November 8, 2010) 39. Motion to approve the adoption of the Soil Erosion, Sedimentation and Pollution Control Ordinance as requested by AED. (Approved by Engineering Services Committee November 8, 2010) PETITIONS AND COMMUNICATIONS 40. Motion to approve the minutes of the regular meeting of the Commission held November 4, 2010, and Special Called (legal) meeting held November 8, 2010) ADMINISTRATIVE SERVICES 43. An Ordinance to amend the Augusta, Georgia Code, Article One, Chapter Ten, relating to the procurement of goods and services and the Local Small Business Opportunities Program so as to provide updates and to establish policies, procedures and guidelines reqarding the procurement process and the Local Small Business Opportunities Program; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an 10 effective date and for other purposes. (No recommendation from Administrative Services Committee November 8, 2010) 44. An Ordinance to present proposal to amend the Augusta, Georgia Charter and Laws of Local Application, Section 1-40 relating to equal opportunity; to separate the function of Equal Employment Opportunity from Minority and Small Business Opportunities; to provide policies and guidelines; to create a Local Small Business Advisory Board; to repeal all Charter, Code Sections and Ordinances and parts of Charter, Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (No recommendation from Administrative Services Committee November 8, 2010) 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 9-0. Mr. Mayor: Okay, Madam Clerk, on to the regular agenda. The Clerk: Okay, we’ll start with item forty-one. The Clerk: PLANNING 41. Z-10-65 – A request for concurrence with the Augusta Richmond County planning Commission to deny a petition by Will Dozier, on behalf of Alice B. McKnight Trust, requesting a change of zoning from Zone R-1A (Manufactured Residential) to Zone R-MH (Manufactured Home Residential) and plan approval for a 205 lot manufactured home park per Section 14-1 and 27-2 of the Comprehensive Zoning Ordinance for Augusta Richmond County affecting property containing approximately 38 acres and is known as 3330 Gibson Road. (Tax Map 084-1-013-01-0) DISTRICT 5 Mr. Mayor: Mr. Patty. Mr. Patty: Yes, sir, this is a large undeveloped tract in Commissioner Lockett’s district and the applicant wanted to put a manufactured home park in that area and the density far exceeded the density surrounding the area and the Planning Commission recommends you deny it. The applicant is here. He would like for you to consider allowing him to withdraw this without prejudice so that we can meet with the neighborhood and come to some consensus on what might be done with the property. And then if that were allowed he would have to file another application, pay another fee, we’d have to repost the property hold another hearing and come back to you at a later date. Mr. Mayor: Okay. If we could hear from the applicant. Mr. Speaker: Um, name, address? Mr. Mayor: Yes, sir. 11 Mr. Speaker: Will Dozier, 4342 Evans to Locks Road, Evans Georgia. Mr. Mayor: Okay. Mr. Dozier: We’d like to withdraw, as Mr. Patty said, the petition in order to go back to the neighborhood and address some of their issues that they had and concerned about and look at some of the density issues and possibly change the product if we’re able. I’m going to go back to the McKnight family and talk with them and see what their feelings are on doing that and would like to come back at a later date. Mr. Mayor: Okay. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Mr. Dozier, we are receptive in our community new ideas and new projects. This government just spent a half million dollars to have a master plan done of South Augusta and what I discussed with you previously is not hardly in compliance with that master plan. I recognize the fact that there are some mobile homes not to terribly far away but those mobile homes have been grandfathered in. And what we’re trying to do we’re trying to upgrade the community and maybe somewhere in the county would be conducive for mobile homes but not in that particular area. But I think that I know I will be receptive to talking to you and I imagine the community would be receptive to talking to you if we can come up with something that’s going to enhance the quality of life rather than take away from it. Mr. Dozier: Understood. Mr. Lockett: Thank you and thank you, Mr. Mayor. Mr. Mayor: Would you like to put that in the form of a motion? Mr. Lockett: I move that we deny the address. Mr. Mayor: I move that we accept the request to --- Mr. Lockett: I move that we accept the request as stated by Mr. Patty and by Mr. Will Dozier. Mr. Mayor: Okay. Mr. Johnson: I second the motion. 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. Brigham: Mr. Mayor, let’s make sure we state the motion as --- 12 Mr. Mayor: Madam Clerk, could you? Mr. Brigham: --- clarification that we’re voting on a --- Mr. Mayor: Mr. Patty. Mr. Brigham: --- to withdraw without prejudice. Mr. Mayor: To withdraw without prejudice. Mr. Lockett: That’s my motion. Mr. Mayor: Okay. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Motion carries 9-0. The Clerk: PUBLIC SERVICES 42. Motion to approve the revocation of the Business Tax Certificate for Mrs. Teresa Cummings, d/b/a: Mamie Lee’s Southern Cooking 2746 Tobacco Road, for failure to comply with the ‘dance hall’ ordinance as recommended by the Sheriff’s Office. (No recommendation from Public Services Committee November 8, 2010) Mr. Mayor: Mr. Sherman. Mr. Sherman: Commissioners, it’s just as Mrs. Bonner said. I told you a couple weeks ago it was sent back to committee and it’s back before you. The recommendation at the first meeting was the revocation of the business license. The Sheriff’s Department’s recommendation was revocation of the alcohol license and that’s what’s on the table. Mr. Mayor: Mr. Mayor Pro Tem. Mr. Mason: Thank you, Mr. Mayor. Oh, let’s see here. Based upon the evidence and th arguments provided and made before this Commission on November the 4 and November the th . My motion is to revoke the Business Tax Certificate 16 I hereby make the following motion and the Beer & Wine license for Mrs. Teresa Cummings doing business as Mamie Lee’s Southern Cooking on 2746 Tobacco Road pursuant to Augusta Georgia Code 2-1-38 and 6-2-74 based on the following findings hereby made by this Commission. Failure to comply with the dance hall ordinance of Augusta Code 6-6-43 as amended by ordinance #71-12 by having a dance at this location without a dance hall permit. Number two. Failure to comply with the violation of Augusta Georgia Code 6-2-52 and 6-2-118 by failing to A: Establish 50% food sales and B: furnish verified records of sale of food and beverages provide by both the license holder and management of this establishment. And C: give customers receipts which itemized the price 13 of alcoholic beverages served. So my motion is to revoke the business and tax certificate as well as the beer and wine license for Ms. Teresa Cummings. Mr. Smith: Second. Mr. Mayor: We have a motion and a second. I believe it would now be time to allow the applicant to respond to the motion. And you’ll have five minutes, sir. If you could state your name and address for the record. Mr. Speaker: My name is John Batson. I represent Mamie Lee’s Southern Cooking. The matter was sent back to subcommittee, there was no hearing. I was not asked to say a thing then it came back here. The only issue on the table at that time was the Sheriff had recommended revocation of the whole license or just the beer & wine license. No hearing was held, no evidence was taken nothing was presented about lack of sales receipts, 50%. None of that occurred in the subcommittee. No evidence was taken whatsoever. We were not allowed to speak. In fact I did not even say one word. I stood there, listened to the adjournment and sending it back here. So we’ve been through a process that provided no due process, it is now bringing up new issues and he’s moving to revoke the whole license. So you know I’ve been in negotiations with the attorney for the city and have had no response back on that. That’s where we are. We’ve been provided no due process whatsoever. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. Rob, let me ask you a question. The information I assume Mayor Pro Tem Mason just talked about here that’s information that you just recently provided him correct, about the lack of food sales? Mr. Sherman: That’s information that has been provided. It was originally discussed at the first hearing. Mr. Johnson: Right. How long has it been the lack of food sales based on the sale of alcohol? How long has it been going on? Mr. Sherman: If you’ll ask the question, I’ll --- Mr. Johnson: How long has, in other words, y’all done a report on it. When is the last time you done a report based, you know, in other words, get the information on the food? Mr. Sherman: Yeah, we did the audit and it was for the period January 1 through th September the 30. What we found is that there were not adequate records to support the figures that they provided to us. The code requires you to have receipts, register receipts something that can document and support the handwritten notes that he provided that we use to determine that is was 63% food sales. But you know there is no documentation to support that. Mr. Johnson: Okay, thank you. 14 Mr. Batson: I understand that the documentation at that time --- Mr. Mayor: Sir, please wait for the Chair to recognize you. Commissioner Lockett then I’ll come back to you, sir. Mr. Lockett: Thank you, Mr. Chairman. This is for General Counsel. Mr. MacKenzie, with the motion that was just made by the Mayor Pro Tem I want you to tell me are we good, firm legal standing to revoke this business license? Mr. Mackenzie: To the extent that there would be need to have a legal meeting to have in depth discussion. I think that would be appropriate for a legal meeting. To extent you’re asking whether or not it would be appropriate based on our codes my opinion would be that, yes, it would be appropriate based on our code. Mr. Lockett: Thank you, Mr. Chairman. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Mayor, as to the authenticity indicating the lack of a due process hearing I believe all these issues were addressed. Some of them were addressed by me in the original meeting that the minutes are available for concerning the lack of food sales, audits I believe we also asked for it at the license department be instructed to go back and conduct a complete internal audit investigation to determine what’s going on out there. That and I think it’s been well documented that these were issues that were addressed in the original public gathering of information concerning this license application. Mr. Mayor: Okay, thank you, Mr. Brigham. Commissioner and, sir, I did say I’d recognize you if you’d like to. Mr. Batson: Yes, when we were sent back to the subcommittee hearing nothing was brought up about the authenticity or degree to which the there was a lack of proof of meeting the 50% sales or whatever the requirement is. That wasn’t discussed at all and the only thing went back, when a motion was made here it was about the Sheriff saying originally the message was revoke the whole license. Then the word came out that it was just revoke the liquor, the beer and wine license. Then no hearing was held or addressed about review. Nothing was brought up about reviewing those documents. That wasn’t the issue. Mr. Mayor: Okay. Mr. Batson: No hearing was held whatsoever. Mr. Mayor: Commissioner Smith then Commissioner Grantham. Mr. Smith: Thank you, Mr. Mayor. I made the motion and it did, the agenda item stated beer and wine license and business certificate. And it’s the same, pretty much the same as the 15 agenda item today and that was included the business license was in that agenda item. And we voted that and I don’t know what else we can do. Mr. Mayor: Okay, thank you, Commissioner Smith. Commissioner Grantham. Mr. Grantham: Mr. Mayor, I was going to follow up a little bit of what Commissioner Brigham and Commissioner Smith has indicated. And being on the committee the Public Service Committee, which we did take this particular subject up and it was at that time recommended to the full Commission that the whole of the license would be revoked. And shortly thereafter there was discussion to where we went back and reviewed the indication of just the license itself and asked Mr. Sherman to get this information for us. Based on what he has brought to us today and what we have found to be in violation of our ordinance as well as our License and Inspection I’m going to call the question on this. Mr. Mayor: Okay, the question has been called for. This has been adequately debated. Commissioners will now vote by the usual sign of voting. Motion carries 9-0. Mr. Mayor: Thank you, ma’am. On to what I believe is our final agenda item. The Clerk: ADMINISTRATOR 45. Motion to approve the adoption of the proposed 2011 Augusta-Richmond County Budget. Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, if I may you have before you the proposed budget that we talked about the last couple weeks. As you know the budget itself is a bulbous document with several hundreds of pages. It covers several, a wide range of effectiveness and efficiencies that we look at in funding for various assorted agencies. As you the majority of what we talk about is in effect the general fund. The others are, the other funds such as the Port Authority, the UDAG, the building inspection fund, the 911 are balanced through small uses of other fund balance or increased program revenue. The general fund is always a fund that permits the most problem to us and it’s the majority of what we deal with as far as law enforcement and the services that we provide. We talked at several lengths about ways to fill the gap in that particular fund. Over the past several weeks the staff has made several changes in that of a minor nature. But it’s generally the same document we looked at several weeks ago. There’s not much difference in what we’re recommending. Some of the things we looked at and some of the things that we have talked about would be the transfer of a capital outlay money to help deal with that. It basically means some of our big purchases would be delayed for a year or so. In addition to that there are five furlough days in this budget. Some reductions due to savings which might be found and we talked about last week and Joe Bowles brought that forth and we’re looking at that. In reference to the medical issue with the Sheriff it’s going to potentially give us some savings so that’s why 16 we pulled that off. In addition to that there was a fund balance appropriation last time right at $3 million dollars. The staff and I have talked with the Finance Committee. We’re not real comfortable with going that deep. We’ve looked for other opportunities to try to fill that as we look forward. One of the recommendations that we’d like to do and we’d like for you to adopt in this part of this budget is the use of the sale of property for about $2 million dollars. Those properties have yet to be identified. As you know we have a great piece of property on the river that we think would bring a whole lot more than that. In addition to that there are several other properties we’ve had interest in over the past few weeks or so and a few years as we’ve looked at that and would like to go ahead and move forward with those sales. I’ve been conservative with that because I was saving that for the real rainy day and that rainy day in my mind is here today both figuratively and literally. So that reduces our fund balance appropriation to $1.5 million dollars, which we’re very comfortable with at this particular point in time. There’s also about or on or about is $1.5 million dollars in savings to be recognized through increased efficiencies and reorganization. That reorganization would be proposed over the next several weeks to you as a group where we can look at the way we do business. We’ve talked about that at some length over the past couple of weeks and couple of months but I think it gives us an opportunity to put our house in order both internally and externally as we look at the way we do business and the things we need to get accomplished over the next year. The budget itself is there before you. The work is not yet finished. As you know this is only a document and a blueprint. Over the next several weeks and the next several months we’ll be fine tuning that document based on revenues, based on projections, based on opportunities that present themselves. This gets us forward, gets us a step forward and gets us through what we would consider to be our critical period with our bonding. As you know we’re looking at bonding some additional funds through the next year through the SPLOST program that would allow us to do that before the end of the year. And I would think that would be a savings worthwhile as we move forward and for those particular projects. With that being said and it would appropriate at this point to have a motion to approve the budget resolution and move forward. Mr. Mayor: Commissioner Grantham. Mr. Grantham: Mr. Mayor, thank you. Thank you, Mr. Russell, and I know you’ve gone through a lot of discussion with the Commissioners in trying to review this. And I appreciate the work you’ve done as far as being able to present us with a balanced budget one that you feel like you can balance anyway with the sale of property and the reorganization plan Therefore, as the Finance Chairman I’m going to make a that you have coming forth. motion that we adopt the budget as presented by our Administrator. Mr. Jackson: Second. Mr. Mayor: We have a motion and second. Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. As always Mr. Grantham always beats me to the punch. I want to applaud y’all for the outstanding job that you’ve done thus far on the budget. However Mr. Russell you know I still have some concerns about the reorganization and I’m glad we’re going to have an opportunity to discuss that further. Thank you. 17 Mr. Mayor: We have a motion and second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Bowles votes No. Motion carries 8-1. Mr. Russell: Thank you, gentlemen. Mr. Mayor: Mr. MacKenzie, do we have need of a legal meeting? Mr. Mackenzie: Not today, thank you. Mr. Mayor: If there’s no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on November 16, 2010. ______________________________ Clerk of Commission 18 19