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HomeMy WebLinkAbout08-28-2000 Meeting I PUBLIC SERVICES COMMITTEE COtvIMITrEE ROOM - August 28, 2000 4:00 P.M. PRESENT: R. Colclough, Chairman, J. Brigham, B. Kuhlke, W. Mays, members, A. Cheek, Commissioner, W. Hornsby, Depul'j Administrator, H. Revell, Attorney, B. Boshears, Director Daniel Field, R. Sherman, Director L&I, L. Harris and S. Walker, L&I, R. Berry, Sheriffs Dept., T. Beck, Director Recreation, L. Bonner, Clerk of Commission ALSO PRESENT: H. Coryell, Augusta Chronicle. Report from the Health Department. (Presented by Commissioner Cheek) Mr. Cheek: The Board is reviewing ways to enforce their immunization policy. They are looking at ways to fme centers for not complying early. We're also continuing to study the HIV testing for the ARC jail system. We're looking at some state funding and grants to supplement this. The jail is cUrrently under contract to provide these medical services and testing for'TB and other diseases. But with mv there is additional counseling, testing, paper work and other things that would necessitate a need for increased manpower and funding. They have also expressed an interest in the potential for locating the RC South Augusta Health Departtnent on the Diamond Lakes complex if the additional land is purchased. Also, the year-to-date budget is on tract. Mr. Kuhlke: So move to receive tltis as information. Mr. Williams: Second. I Motion carried unanimously. Approve extension of grant with the Georgia Department of Natural Resources for the New Bartram Trail from June 30, 1998 until June 30, 2001. Mr. Brigham: So move. Mr. Williams: Second. lVlotion carried unanimously. Amend Ordinance establishing Construction Advisory Board. lVlr. Sherman: This request is made on !Jehalf of the Construction Advisory Board that you amend the ordinance that establishes the Board and what the members will do is increase the membership from seven to eight. The additional member would be a consulting engineer. It would also allow the Board to appoint one of their members to the Subdivision Regulations Committee as a non-voting ex-officio member. And it would also provide that all city departments would serve in an advisory capacity to the Construction Advisory Board on issues pertaining to construction. After further discussion, I Mr. Kuhlke: So move for approval. lVlr. Brigham: Second. Motion carried 3-1 with lli. Mays abstaining. I Appoint a Consulting Engineer to the Construction Advisory Board. Mr. Sherman: This was submitted provided that the amendment to the Ordinance was approved. Back in the fall when the Construction Advisory Board was looking at the changes that were to be made wanted to wait until they had everything in order and say that these are the issues that we need to address. The Board considered several consulting and civil engineers and would like to recommend Scott Godefroy be appointed to fill the membership seat as the "consulting engineer" for a term of two years. He has attended the past several CAB meetings at the request of the Board and has provided knowledgeable input relating to the topics of discussion, particularly civil engineering issues. He has worked as a civil engineer in both the puhlic and private sector. Mr. Kuhlke: So move. Mr. Brigham: Second. Motion carried unanimously. Approval of SPLOST Phase III funding to match National Park Service grant for dredging the canal and related improvements in the amount of 5182,704.52. Mr. Kuhlke: So move. Mr. Williams: Second. I Motion carried unanimously. Motion to approve promotional activities dnring Try Transit Week. September 10-16, 2000. Mr. Brigham: So move. Mr. Williams: Second. Motion carried unanimously. Approve [ease with the Untied States of America for space for an Automated Weather Reporting System at Daniel Field. There is no cost to the City for this facility. Mr. Brigham: So move. Mr. Kuhlke: Second. Motion carried unanimously. Discussion: A request by the RIchmond County Sheriff's Department for a hearing to consider the possible probation. suspension or revocatiou of the business license held by Michelle Ballington for Lucy's Love Shop located 3241-.1 Washington Road for violations: distributing obscene material. District 7. SU!ler District 10. I I !vir. Berry: We received a complaint that there was obscene materials being sold from this business. The undercover agents purchased (7) seven items. These items were taken to Judge Allen in Magistrate Court. He ruled (5) five of the items to be obscene under obscene materials. We issued a search warrant and we seized (6) six boxes of these items, IS) live of the boxes were the same items that the Judge ruled obscene. There may have been one box that was border line that's why we're asking for revocation of the license. I Mr. Scott King, Attorney: I represent Ms. Ballington. Essentially what we're dealing with is the First Amendment issue, a freedom of expression issue. These cases always come down to is this obscene. is this not obscene, because if it's obscene then nobody can do anything until the courts decide that. If this is obscene, certainly everyone can act. Our position is that one my client's employees is currently facing criminal charges for distributing obscene material. We have filed a trial motion and we intend to take that issue because the Supreme Court says that there must be a full judicatory hearing with both sides present where we get to say no that's not obscene and the other side gets to say it is obscene. We are essentially asking that until the court decides whether this is obscene or not obscene this would be restraining a freedom of expression and we're asking this panel to refrain from making a decision until the court makes a decision we ask that you table this issue. The second issue is, that there are two other businesses licensed by this Commission that are selling the same identical items that we have made the Sheriff aware of that are still selling the identical items and they are not here. So we have some degree of concern about a selective enforcement related issue. But essentially all this Committee has right now is this gentleman's statement that we have obscene materials. What the Judge held when it was brought before him is that it was probable cause to believe that they might be obscene materials. We certainly have a constitutional right to distribute any materials even if they are offensive, if they are not obscene. And with all due respect to this gentleman it's not his position to say what is and what is not obscene and that's for the court to decide and that's the issue we're taking up. So we're asking this Committee to table this matter or to consider possibly a probation situation depending on what happens in the court where a conviction in court would violate that probation. I think that's a fair and reasonable opportunity for the court to decide whether this is obscene or this is not obscene. Atier further detailed discussion, Mr. Brigham: I motion is to put them on probation until we know the results of the trial or six months which ever comes first. Mr. Kuhlke: Second. After further detailed discussion, lVlr. Kuhlke: I think that if we consider probation there should be some terms added to that and if they are not my position is forrevocation. I would like to ask the maker of the motion that he amends his motion to put them on probation but to cease and desist on the selling of the novelty items that are in question. I Mr. Brigham: I would like to include in my motion for probation the code definition. The other tbing that I want included in my motion is that it definitely applies to anything that we have a Judges order for that says it is obscene based on that code definition. "'lotion fails 2-2 with Brigham and Kuhlke voting yes and Colclough and Mays voting no. Motion to approve the award of the contract to GFI-Genfare in lhe amount of 5321,018 (Bid Item #00-070) for the upgrade of the existing fare collection system. Funds are available in Acct #546091210-5422410 and 799114210-5422410. I !vir. Johnson: We have been in the process of trying to upgrade our fare boxes and with this bid we will be able to upgrade it to use a pass system, a thirty-day pass, a yearly pass system. Mr. Kuhlke: So move. Mr. Brigham: Second. Motion' carried unanimously. Motion to amend a lease agreement with Fore Augusta Foundation to add 28 acres of property adjacent to the Augusta Aquatics Center to leased area related to construction of the First Tee Golf Course. Mr. Beck: This is a lease agreement that was entered into last year with the Fore Augusta Foundation for construction of the First Tee Golffacility. The addition of the .28 acres to the lease agreement will enable Fore Augusta to construct parking spaces adjacent to the Augusta Aquatics Center. This will be beneficial to both parties and we highly recommend this. !vir. Brigham: Second. I Mr. Kuhlke: So move. !vir. Revell: I'm aware of one other thing related to that. The original lease was for ten years effective a year ago and they have asked chat the ten years start effective upon acceptance of this motion which would be ten years from tne date of the Commission meeting. Mr. Kuhlke: I'll accept that as an amendment to the motion. Motion carried unanimously. Discussion: Consider a request by Jennifer Baker for a massage therapist license to be used in connection with Paradise Island Day Spa located at 3435 Wrightsboro Rd. District 3. Super District 10. Mr. Walker: She is not here today and was notilied by letter and phone calL Mr. Brigham: So move to postpone this item until the next meeting. tvlr. Kuhlke: Second. Ylotion carried unanimously. I I Discussion: Consider a request by Melissa Haggerty for a massage therapist license to be used in connection with Augusta Cosmetic Surgery and Day Spa located at 1433 Stovall Street. District 5. Super District 9. Mr. Walker: Ms. Haggerty called and said she had a problem with her job and would be unable to attend and asked if this could be moved to the next meeting on September 11. Mr. Brigham: So move to the postpone lhis item until the next meeting. !vir. Kuhlke: Second. Motion carried unanimously. New Ownership: A.N. 00-37: A request by U. Vanessa Song-Rogers for a retail package beer & wine license to be used in connection with Savin Haven located at 3333 Mike Padgett Highway. District 8. Super District 10. Ms. Rogers: U. Vanessa Song-Rogers, 810 Shackleford Place, Evans. !vir. Walker: This applicant meets all requirements of the L&I Departtnent and the Sheriffs Department and we recommend approval. (No objectors) Mr. Kuhlke: So move. I Mr. Brigham: Second. Motion carried unanimously. New Application: A.N. 00-38: A reqnest by U. Vanessa Song-Rogers for a retail package beer & wine license to be used in connection ,vith Savin Haven #1 located at 3763 Peach Orchard Road. District 6. Super District 10. Ms. Rogers: U. Vanessa Song-Rogers. 810 Shackleford Place, Evans. Mr. Walker: This applicant meets all requirements of the L&I Department and the Sheriff's Departtnent and we recommend approval. (No objectors) Mr. Kuhlke: So move. Mr. Brigham: Second. Motion carried unanimously. New Application: A. N. 00-39: A request by Sun Cha PaImer for an on premise consumption beer & wine license to be used in connection with Top Lounge located at 2925 Peach Orchard Road. There will be a dance haIl. District 8. Super District 10. Ms. Palmer: Sun Cha Palmer, 4203 Creekview Ct. Hephzibah. I Mr. Walker: This applicant meets all requirements of the L&I Department and the Sheriffs Department and we recommend approval. (No objectors) Mr. Kuhlke: So move. I Mr. Mays: Second. Motion carried unanimously. New Ownership: A.N. 00-40: A request by James E. Norman for an on premise consumption liquor, beer & wine license to be used in connection with The Bayou located at 904 Broad Street. There will be a dance hall. District 1. Super District 9. wlr. Norman: James E. Norman, 1537 Brown Road. Hephzibah. lVlr. Walker: This applicant meets all requirements of the L&I Departtnent and the Sheriffs Department and we recommend approval. (No objectors) Mr. Mays: So move. Mr. Kuhlke: Second. Motiou carried unanimously. New Ownership Applicatiou: A. N. 00-41: A request by Jingming Zhang for an on premise consumption beer & wine license to be used in connection with China Garden located at 1535 Walton Way. District 1. Super District 9. wlr. Zhang: Jingming Zhang, 3722 Walton Way Ex!., Apt. 101. I Mr. Walker: This applicant meets all requirements of the L&I Department and the Sheriffs Department and we recommend approval. (No objectors) Mr. Mays: So move. Mr. Brigham: Second. Motion carried unanimously. Transfer Application: A.N. 00-42: A request by Michael Schepis to transfer the on premise consumption beer & ,vine license used in connection with The Pizza Joint located at 1032 Broad Street to 1245 Broad StreeL There will be Sunday sales. District 1. Super District 9. lVlr. Schepis: Nlichael Schepis. 307 10"' Street. lYlr. Walker. This applicant meets all requirements of the L&I Departtnent and the Sheriffs Department and we recommend approval. (No objectors) Mr. Mays: So move. Mr. Brigham: Second. :Vlotion carried with :VIr. Colclough voting no on'Sunday sales. I I Discussion: A request by the RIchmond County Sheriff's Department for a hearing to consider the possible probation, suspension or revocation of the business license held by Mohammad R. Aslami for Milledgeville Spirits located at 2238 Milledgeville Road for the following violation: fnrnishing alcohol to a minor. District 2. Super District 9. Mr. Berry: This is his second violation. On the fIrst violation he was given a warning. Mr. Kuhlke: So move for a (1) one-year probation. Mr. Brigham: Second. Motion carried unanimously. Discussion: A request by the Sheriffs Department for a hearing to consider the possible probation, suspension or revocation ofthe business license held by Sunny Middlebrooks for Short Stop located at 1714 15" Street for the following violation: furnishing alcohol to a minor. District 2. Super District 9. Mr. Kuhlke: So move for a (1) one-year probation. Mr. Brigham: Second. Motion carried unanimously. I Discussion: A request by the RIchmond County Sheriffs Department for a hearing to consider the possible probation, suspension or revocation of the business license held by Cindy Kim for Pump N Store located at 2159 MilIedgeville Road for the following violation: furnishing alcohol to a minor. District 2. Super District 9. Mr. Kuhlke: So move for a (1) one-year probation. Mr. Brigham: Second. Motion carried unanimously. Discussion: A request by the RIchmond County Sheriff's Department for a hearing to consider the possible probation, suspension or revocation of the alcohol & business license held by William L. Mantlow for Rack Boys located at 2900 Deans Bridge Road for the following violations: furnishing alcohol to a minor and serving liquor without a license. District 2. Super District 9. Mr. Kuhlke: So move for revocation of alcohol and business license. Mr. Brigham: Second. Motion carried unanimously. I Discussion: A request by the RIchmond County Sheriffs Department for a hearing to consider the possible probationisuspension or revocation of the license held by Loan T. Ngo for Oriental Gift (Millennium Solutions) located at 3706 Mike Padgett Highway for the following violation: operating an arcade without a license. District 8. Super District 10. Officer Berry: I started investigating this case approximately 3-4 weeks ago. We had been receiving information by phone that this location had twenty to twenty- five video games and were paying off in cash. We sent undercover officers to this location with video equipment and they stated they saw at least ten video poker machines inside. There was eVIdence that there appeared to be other video machines in another room that had been moved out prior to us executing the search warrant. The sign on the building reads Millennium Solutions. internet and computer service. 11tere were computers inside and we had a technician to check them and none of them worked. Based on that. we ask that the license be revoked because this was a cover for illegal video poker. I Mr. Kuhlke: So move. Mr. Brigham: Second. 1vlr. Richard Allen. Attorney: [represent Ms. Ngo and if necessary we will present witnesses because we don't agree with what has been said here today. Ms. Ngo set up a new business on Mike Padgett Hwy on July l. which is an Oriental Gift Shop just like the license reads. The former tenant had some sort of computer store. The name is still on the windows because the landlord has not removed it yet and there are some junk computers that have been left on the premise. Ms. Ngo was just getting organized when the Sheriffs Dept. and Danny Craig raided the store on August 21. During that raid she learned that she had nine video poker machines whieh were available to a customer. She has nine machines because she didn't want to be classified as an arcade. If you're classified as an arcade you can't have any other business and she wanted to sell oriental gifts. Ms. Ngo had nine machines and they were payolIs. A customer could win a $5 gift certificate redeemable for each winning play and this is permitted under Georgia law. Both IT Amusement. Inc., who the machines are rented from and Ms. Ngo checked with Mr. Harris on several occasions before starting operation to tind out what they needed to do to comply with the law. Sometimes in July after a new ordinance was passed by the Commission regarding arcades and video machines they again checked with Mr. Harris to make sure they were in compliance and they were assured that they were. Our position is that she was not running an arcade if she wanted to she would have gotten a license for an arcade. Why should she have a front to do something the law permits you to do? I Mr. Brigham: I will make a substitute motion that we forward this without a recommendation to the full Commission. NIr. Mays: I objected to our dropping of the second reading when we were gomg this process of the whole deal. I questioned whether we needed the time to be prudent in what we were doing. I also brought up on another occasion when we were switching the number of machines in the license. I asked specifically whether or not we had any businesses that bung in the balance in berween there. Did we need to get any of our license people or any people that we had issued a business license too to get them straighten out and were they aware of it. I was told that everything was clear. Now I have a problem when I'm confronted with the fact that folk consult with our people in reference to whether they are legal or not. Now everyone of these has been brought before us where these folk have been guilty and in vlOlation of the law, I have voted to revoke and I think that's what we should do. But when we got folk when we changed the law and we have somebody that has been caught up m between what our rules are and you tell me you have a video. [don't see the video. I'm at a little mystery in terms of being able to make a decision in terms of where what we do with this. And I'm not championing any siruation of gammg machmes but I just thmk and as [said to Mr. Wall at the time he drew it up [said I I specilicaily lets try and get consistent on what we're doing. We can't change this from week to week. [asked very clearly that day do we have any folk that are in the balance of this. And [ was told that this whole situation was clear. We didn't have any in that middle application process. We knew what we had. That's a matter ofrecord, gentlemen. Ijust have to be fair. I'm going to put some folk out of business one-week about what they're doing because of breaking the law. Then [ have to be just a fair if they comply, not whether we like what's on the books, business wise or morally. I don't think that's an issue. I think if it's legal or illegal, those are the only two things that confront us and if we have somehody in berween that process whereby we need to do housekeeping in there. then [ think that needs to be done. So Mr. Chairman. I'll probably not vote on any motion that's on the t100r in reference to this. Deiinitely will not vote on one at this point any revocation any punishment. I'mjust going to leave clear until [see some better evidence and get my question answered on the fact to where this stands in terms of the time frame of what ordinance did these folk fall under during that period. And that's why [was so clear about wanting to have a waiting period to see and to make sure that we had this kind of situation cleared out belore we got off on the total deal of where we raided everybody. And then you might have somebody that's holding a legitimate license or at lease think they're holding a legitimate. Motion passes 3-1 with lYlr. Mays voting present. Motion to approve an agreement with the Family "Y" for joint operation of the "Garrett Gang" after school program at Garrett Community Center. I Mr. Beck: The Family "Y" has operated an after school program at Garrett' Elementary School for several years. With the opening of the Garrett Community Center and the demand for this service offered by the Recreation and Parks, ajoint operational agreement has been negotiated with the Family "Y". This agreement will allow the fees charged for the program to be reduced from what the "Y" previously charged from $140 monthly, to $50 monthly per child. The fee is consistenl with the other after school programs offered by the Recreation and Parks Dept. This agreement is based on a 70/30 revenue share which will enable us to produce a self supportive program with the reduced operational costs for staff and services as provided by the "Y". Mr. \ViUiams: So move. lYlr. Brigham: Second. Motion carried unanimously. With no further business to discuss, the meeting was adjourned. Lena J. Bonner Clerk of Commission Ibb I PUBLIC SERVICES AGENDA COtvlMITIEE ROOM - August 28, 2000 4:00 P. M. 1. Report from the Health Department. (presented by Commissioner Cheek) 2. Approve extension of grant with the Georgia Department of Natural Resources for the New Bartram Trail from June 30, 1998 until June 30, 2001. 3. Amend Ordinance establishing Construction Advisory Board. 4. Appoint a Consulting Engineer to the Construction Advisory Board. 5. Approval ofSPLOST Phase III funding to match National Park Service grant for dredging canal and related improvements in the amount of$182,704.52. 6. Motion to approve promotional activities during Try Transit Week, September 10-16,2000. 7. Approve lease with the United States of America for space for an Automated Weather Reporting System at Daniel Field. There is no cost to the City for this facility . 8. Discussion: A request by the Richmond County Sheriffs Department for a hearing to consider the possible probation, suspension or revocation of the business license held by Michelle Ballington for Lucy's Love Shop located at 3241-J Washington Rd. for the following violations: distributing obscene material. District 7. Super District 10. 9. Motion to approve the award of the contract to GFI-Genfare in the amount of $321,018.00 (Bid Item #00-070) for the upgrade of the existing fare collection system. Funds are available in Acct #546091210-5422410 and 799114210- 5422410. 10. Motion to amend a lease agreement with Fore Augusta Foundation to add .28 acres of properry adjacent to the Augusta Aquatics Center to leased area related to construction of the.First Tee Golf Course. 11. Discussion: Consider a request by Jennifer Baker for a massage therapist license to be used in connection with Paradise Island Day Spa located at 3435 Wrightsboro Road. District 3. Super District 10. 12. Discussion: Consider a request by Melissa Haggerty for a massage therapist license to be used in connection with Augusta Cosmetic Surgery and Day Spa located at 1433 Stovall Street. District 5. Super District 9. 14. New Application: A.N.00-38: A request by U. Vanessa Song-Rogers for a retail package beer & wine license to be used in connection with Savin Haven #1 located at 3763 Peach Orchard Road. District 6. Super District 10. 13. New Ownership: A.N.00-37: A request by U. Vanessa Song-Rogers for a retail package beer & wine license to be used in connection with Savin Haven located at 3333 Mike Padgett Highway. District 8. Super District 10. 15. New Application: A.N.00-39: A request by Sun Cha Palmer for an on premise consumption beer & wine license to be used in connection with Top Lounge located at 2925 Peach Orchard Road. There will be a dance hall. District 8. Super District 10. 16. New Ownership: AN. 00-40: A request by James E. Noiman for an on premise consumption liquor, beer & wine license to be used in connection with The Bayou located at 904 Broad Street. There will be a dance hall. District I. Super District 9. 17. New Ownership Application: A.N. 00-41: A request by Jingming Zhang for an on premise consumption beer & wine license to be used in connection with China Garden located at 1535 Walton Way. District 1. Super District 9. 18. Transfer Application: AN. 00-42: A request by Michael Schepis to transfer the on premise consumption beer & wine license used in connection with The Pizza Joint located at 1032 Broad Street to 1245 Broad Street. There will be Sunday sales. District 1. Super District 9. 19. Discussion: A request by the Richmond County Sheriffs Department for a hearing to consider the possible probation, suspension or revocation of the business license held by Mohammad R. Aslarni for Milledgeville Spirits located at 2238 Milledgeville Road for the following violation: furnishing alcohol to a minor. District 2. Super District 9. 20. Discussion: A request by the Richmond COWlty Sheriffs Department for a hearing to consider the possible probation, suspension or revocation of the business license held by Sunny Middlebrooks for Short Stop located at 1714 15th Street for the following violation: furnishing alcohol to a minor. District 2. Super District 9. 21. Discussion: A request by the Richmond COWlty Sheriffs Department for a hearing to consider the possible probation, suspension or revocation of the business lIcense held by Cindy Kim for Pump N Store located at 2159 Milledgeville Road for the following violation: furnishing alcohol to a minor. District 2. Super District 9. 22. Discussion: A request by the Richmond COWlty Sheriffs Department for a hearing to consider the possible probation, suspension or revocation of the alcohol & business license held by William L. Mantlow for Rack Boys located at 2900 Deans Bridge Road for the following violations: furnishing alcohol to a minor & serving liquor without a license. District 2. Super District 9. 23. Discussion: A request by the Richmond County Sheriff's Department for a hearing to consider the possible probation, suspension or revocation of the license held by Loan T. Ngo for Oriental Gift (MiIlenniwn Solutions) located at 3706 Mike Padgett Highway for the following violation: operating an arcade without a license, District 8. Super District 10. 24. Motion to approve an agreement with the Family "Y" for joint operation of the "Garrett Gang" after school program at Garrett Community Center.