HomeMy WebLinkAbout07-09-1996 Meeting
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PUBLIC SERVICES
COMMITTEE
COMMISSION-COUNCIL CHAMBERS
July 9, 1996
4:00 P.M.
PRESENT: Hons. Larry E. 'Sconyers, Mayor; Mays, Chairman;
Kuhlke, Vice-Chairman; Zetterberg and Todd (late), members;
Charles Dillard, Interim Administrator for Operations; Linda
Beazley, Interim Administrator for Administration; Miller Meyer,
Director of License & Inspections; Stewart Walker, City Sheriff;
Harry Revell of the Attorney's Office; Steve Atha, Manager,
Bush Field Airport; Heyward Johnson, Interim Transit Manager;
Lena Bonner, Clerk of Commission-Council and Nancy Morawski,
Deputy Clerk of Commission-Council.
Also Present: Sylvia Cooper of the Augusta Chronicle,
George Eskola of WJBF Television, Gale Mino of WBBQ Radio and
other members of the news media.
The Clerk: We have one item for an addition to the agenda.
It is to consider approval of officiant contracts with the
Recreation Department.
Mr. Kuhlke: I move for approval.
Mr. Zetterberg: Second.
Motion adopted unanimously.
Communication from the Airport Director requesting approval
of the low base bid ($372,000) plus Alternate #2 ($3,100) for
a total of $375,100 as submitted by Continental Construction
Company for the addition to Hangar #5, was read.
Mr. Zetterberg: I so move.
Mr. Kuhlke: Second.
Motion adopted unanimously.
A request by Harry Stierwalt for a consumption on premises
liquor, beer and wine license to be used in connection with
HMS Sports Pub located at 1511 N. Leg Road. There will be dance
hall and Sunday sales. This is a new location for an existing
business, was read.
Mr. Meyer: Everything is in order on this and there are
no objectors present.
Mr. Stierwalt: I'm Harry Stierwalt and I live at 1501-
B Wylds Road, Augusta.
Mr. Kuhlke: I move for approval.
Mr. Zetterberg: Second.
Motion adopted unanimously.
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A request by Linda M. King for a beer and wine license
to be used in connection with the Smile Gas Stores at the
following locations, was read.
545 Sand Bar Ferry Road
2916 Washington Road
2631 Wrightsboro Road
1501 Laney Walker
1237 Gordon Highway
Mr. Meyer: There are no objectors.
Ms. King: I'm Linda King of 410 Folkstone Circle, Augusta.
Mr. Zetterberg: I so move.
Mr. Kuhlke: Second.
Motion adopted unanimously.
A request by Alan Brosious for a six month extension on
the purchase of his retail package beer and wine license used
in connection with Pump N Shop #5 located at 2574 Tobacco Road.
This request is due to a delay in construction of the store
because of the widening of Tobacco Road between Windsor Spring
Road and Deans Bridge Road, was read.
Mr. Zetterberg: I so move.
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Mr. Kuhlke: Second.
Motion adopted unanimously.
A request by Christopher P. Ballas to add wine to his
consumption on premises beer license used in connection with
Lil Luigi's Pizza located at 2525 H Washington Road, was read.
Mr. Zetterberg: I so move.
Mr. Meyer: No objectors are present. The application
is in order.
Mr. Ballas:
Augusta.
I'm Christopher Ballas, 302 Fourth Street,
Mr. Kuhlke: I second the motion.
Motion adopted unanimously.
Communication from the Interim Transit Director requesting
Committee approval of Augusta Public Transit's promotion policy I
for bus operators and mechanics, was read.
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Mr. Chairman: Have you run this through Human Resources
as to what you have done previously?
Mr. Johnson: ,No, sir.
to me.
I can but they may refer it back
Mr. Kuhlke: I move it be approved subject to review of
the Human Resources Department and maybe the Project Manager
just from the standpoint of consistency on what we're going
through.
Mr. Zetterberg: I'll second that.
Motion adopted unanimously.
Communication from the Interim Transit Director requesting
Committee guidance on Augusta Public Transit providing charter
service. At present we are providing limited charter service
at the rate of $50.00 per hour with a two hour minimum. We
are not staffed to provide charter service with our present
budget. Staffing to provide limited charter service was
requested in the 1996 budget but not approved. Also, there
are Federal Transit Administration (FTA) requirements that must
be met. If after discussions the Committee wishes to continue
the practice of providing limited charter service, I would
request the charter rate be increased to $100.00 per hour with
a two hour minimum from Monday through Saturday and $125.00
on Sunday due to no transit service on that day, was read.
Mr. Johnson: I would prefer not to do charters since this
throws me into using overtime. If we are to do charters, then
I feel the rate should be increased as I have outlined.
Mr. Kuhlke: I would move that we authorize Mr. Johnson
to discontinue charter service with the Transit Department.
The motion died for lack of a second.
After a short discussion, Mr. Kuhlke: I will withdraw
my motion.
After further discussion, Mr. Kuhlke: I move that we
receive this as information.
Mr. Zetterberg: Second.
Motion adopted unanimously.
A request by James V. Fenimore for a consumption on premises
liquor, beer and wine license to be used in connection with
T. J. Smiles Lounge located at 1250 Gordon Highway. There will
be a dance hall, was read.
Mr. Fenimore:
I'm James Fenimore and I reside at 1250
Gordon Highway at the Alamo Plaza Motel. I am requesting a
reinstatement of my alcohol license that was taken from me
because of a criminal conviction which was overturned.
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Mr. Meyer: The department considers this a new
application, not a reinstatement. The application states that
there will be adult entertainment and meets all requirements of
the alcohol ordinance as to location and distance but because of
the conflict with the existing ordinance on adult entertainment,
the department recommends denial of the license. The Sheriff's
Department recommended denial of the license.
Mr. Stoney Turnage: It is the recommendation of the
Sheriff's Department to deny this license based on Section 1.26
of the alcohol ordinance which Mr. Meyer stated to you regarding
sale or consumption of alcohol at locations having adult
entertainment. Also, under Section 1.58 on question 7, he had
financial card transaction fraud listed but there were several
other times when he was arrested on County ordinances which were
omitted from the application. Under Section 1.61 regarding
criteria for license approval, personal qualifications of
applicant, Section B, moral character, criminal record, I
believe that will speak for itself. Under eligibility, anyone
who violates any of the charges would be ineligible to receive a
license. There are other sections which we consider violations.
Just this year there was a case of aggravated assault, an armed I
robbery, a trouble with subject call and a murder at this
location. The narcotics squad has made 14 drug related arrests
this year on the property. I think that in itself is enough to
deny the license.
Mr. Kuhlke: All of this was done without a liquor license?
Mr. Turnage: Yes, sir.
Mr. Meyer: All of this is in the same location on the same
parcel of land.
Mr. Danny Craig: This afternoon the State of Georgia
through the District Attorney's office filed an action in the
Superior Court of Richmond County under the Racketeer Influence
and Corrupt Organizations Act which provides proving the
criminal act set forth in this complaint by a preponderance of
the evidence that the Superior Court of Richmond County can
enter a permanent injunction to enjoin Mr. Fenimore, Suzanne
Fenimore and Tom Fenimore from operating any business in
Richmond County which would be similar to the business he is
operating and which would include any business which would
sell alcohol or constitute any sort of adult entertainment or
nightclub type activity. We're also seeking the forfeiture of
the real estate which is located at Gordon Highway and where I
Jim's Playhouse is now located, formerly known as T. J. Smiles
Lounge, and the Alamo Plaza Motel. Criminal activity in this
two-acre tract of land would have the highest concentration of
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criminal activity over the past two years of any tract of land
in Richmond county. This is not a typical lounge in Richmond
County and there has been criminal activity in the form of
financial transaction card fraud, $65,000 worth of thefts as
well as drug traffic, rapes and murders.
Mr. Chairman: This is the type of information we need.
Mr. Fenimore: There was a murder at the motel but there
were other murders in Richmond County. Before I went to prison
on credit card fraud charges, there were no calls to my bar
except by one dancer in five years. I've always maintained that
I will help the Sheriff's Department deal with any problem they
have out there but they don't seem to want my help. I can't
screen everyone who comes to my motel to rent a room. The
credit card charges were overturned by the Court of Appeals and
I want to get this straightened out and get my license.
Mr. Craig: Mr. Fenimore's conviction was erased by the
Court of Appeals on a technicality and we stand ready to retry
him.
Mr. Kuhlke: I'd like to move that we deny the application.
Mr. Zetterberg: Second.
After further discussion, Mr. Revell: I want the Committee
to understand that this license was suspended in July of 1994
based on the felony conviction that the District Attorney has
spoken to. A month later James Fenimore's brother, Tom
Fenimore, made application for a license at the same premises.
In September of '94 we advised both Fenimores' attorney, Mr.
Batson, that even though James Fenimore's license was in a state
of suspension, that we could not consider Tom Fenimore's license
at that time because you can't have two licenses in place for
the same location. Thereafter we were advised to process Tom
Fenimore's license application which in my opinion worked as a
voluntary surrender of Jim Fenimore's license in the state of
suspension that it was in at that time. The former County
Commission enacted a new ordinance dealing with adult
entertainment that has been upheld by the Georgia Supreme Court
and that ordinance in contrast to the County's prior ordinance
bans alcohol completely. There is no 80/20 source of revenue
determination. If there is adult entertainment and nude
dancing, there is no alcohol whatsoever. This new ordinance is
still in effect and based on this ordinance, Tom Fenimore's
application was denied. So this application from Jim Fenimore
is a new application, not a reinstatement of a previously
suspended application. I agree with Mr. Meyer's assessment that
the license should not be granted.
Mr. Kuhlke: I made my motion to deny this application
based on the information provided by the Department of
Inspections and by the Sheriff's Department. I did not make my
motion based on the complaint filed by the District Attorney and
that's our charge as a committee and if there are no objections,
I'd like to call for the question.
Motion adopted with the Chairman voting "Present".
The Committee next considered approval of the following
officiant contracts for the Recreation Department: Kim Schlein,
Joseph Dickens, Inderal Middleton, Latonya Sapp, David Williams
and Calvin Holland, Sr.
Mr. Kuhlke: I move for approval.
Mr. Zetterberg: Second.
Motion adopted unanimously.
ADJOURNMENT: There being no further business, the meeting
was adjourned.
Lena J. Bonner
Clerk of Commission-Council
NWM
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