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HomeMy WebLinkAbout10-28-2002 Meeting PUBLIC SERVICES COMMITTEE COMMITTEE ROOM - October 28, 2002 12~30-P:-M. -I PRESENT: W, Mays, Chairman, Bridges, Colclough, Kuhlke members, G. Kolb, Administrator, J. Wall, Attorney, Commissioners M. Williams, A. Cheek. ABSENT: B. Young, Mayor. ALSO PRESENT: L. Bonner, Clerk of Commission MEDIA: H. Williams, Augusta Chronicle, D. Bends Channel 12, S. Eidson, Metro Spirit. Clerk: We have a request to add the items as listed on our addendum agenda from the Airport Commission: 1. Approve 2003 budget adjustment for TSA Memorandum of Agreement increase from $1,222 per day to $1,430 daily. 2. Approve budget adjustment to include additional grant revenues and airport portion for AIP Project #22 Taxiway "C" Rehab. 3. Approve $100,000 operating account budget adjustments from contingency. 1 4. Approve change order for Two State Construction Multi-Use Hangar Project not to exceed $11,000 to be funded from contingency. 5. Approve LPA Work Authorization #1 in the amount of $9,527.34 to be funded from contingency. 6. Approve $5,000 from contingency to bring airport restaurant in compliance with OSHNHealth Department. Mr. Bridges: So move to add these items. Mr. Kuhlke: Second. Motion carries unanimously. Mr. Kuhlke: I move Mr. Chairman that we take items 6 through 19 plus the addendum as a consent agenda. Mr. Bridges: Second. Motion carries unanimously. I 1. New Ownership: A.N. 02-40: A request by Christina Park for a retail package Beer & Wine license to be used in connection with Central Gas, 1 LLC DBA KoArn located at 1502 Central Avenue. District 5. Super District 9. Ms. Park: Christina Park I_7th St., Augusta. 1- Mr. Sherman: The L&I Dept. and the Sheriff's Dept. recommend approval. (No objectors) Mr. Colclough: So move for approval. Mr.Bridges: Second. Motion carries unanimously. 2. New Ownership: AN. 02-41: A request by Christina Park for a retail package Beer & Wine license to be used in connection with Central Gas, LLC DBA J R's Mart located at 2078 Old Savannah Road. District 2. Super District 9. Ms. Park: Christina Park I_7th 51., Augusta. Mr. Sherman: The L&I Dept. and the Sheriff's Dept. recommend approval. (No objectors) Mr. Colclough: So move for approval. I Mr. Bridges: Second. Motion carries unanimously. 3. New Application: AN. 02-42: A request by Sharon W. Bryan for an on premise consumption Liquor, Beer & Wine license to be used in connection with Blind Pig, IDe. located at 1251 & 53 Broad Street. There will be a dance hall. District 1. Super District 9. Ms. Bryan: Sharon W. Bryan 1746 Marion Avenue, No. Augusta, Sc. Mr. Sherman: We do have objectors here. The L&I Dept. and the Sheriff's Dept. have reviewed the application it meets the requirements and we recommend approval. Three objectors present: Spokesperson: Ms. Janet Bransome, owner 1243 Broad St.: We have been at this location for eighteen years. We have watched things come along in downtown I Augusta and been very pleased with it. Right now we are really suffering. We 2 have a place next door to us at every Saturday morning we clean up beer cans, beer-bottles-and-coke-bo ttles:-Firsr Friday-started-ouras-a-wonderfnl-idea-and what downtown Augusta should be. It has turned into a fiasco. We are against this establishment because of the disruptive atmosphere it could possibly create and the parking. -I Mr. Bridges: Jim, what are the criteria that we're under in regards to denying an alcohol license? Mr. Wall: As far as discretionary criteria, I don't know that there are any that really fall within them. The obligation on the property owner to keep the premises clean is an obligation that is independent of the discretionary criteria. She's mentioned parking which is not direct of traffic, so I don't know that it falls within any discretionary criteria that would allow you to turn it down. 1 Mr. Bridges: We hear your concerns about what's happening on that end of Broad Street. There have been several people that have expressed that same concern. It sounds like from our Attorney, as far as legality is concerned, these people are meeting the legalities and we're having trouble trying to find a way to accommodate you. Your concerns have been expressed here before. I think that we as Commissioners need to heed these issues. As the lady said, that end of Broad Street appears to becoming the same atmosphere that we have on this end of Broad Street. I think we need to where we can take those concerns to heart and address them and meet the needs of the shop owners in that vicinity. Mr. Mays: You do have some issues there, as current business owners and operators that need to be addressed. I do think you have a current situation there that the City needs to help current ownership to deal with. Unfortunately with what is there on the book right now and to look at how we're set to govern and to give a license. Current! y they meet all of those requirements. But at the same time, I think there are other issues there that may not concern them that the City needs to take a closer look at in terms of dealing with through both Public Safety and Public Works. Mr. Kuhlke: We were elected to uphold the Ordinances that were passed in this community and these folks have every right to open a business up there. I hope that it will turn out to be something that will be compatible. When Curtis Baptist came with several hundred people. I had no choice but to uphold the Ordinance that was in place at that time. That's not a comfortable position to be in but it's something we have to do. So I move that we approve the license. Mr. Colclough: Second. Motion carries unanimously. I 3 4. New Ownership: A.N. 02-43: A request by Erika Devasconcelos for an on premise-co nsump tion-Beer-license-to-be-used-in-connection-with-I:;os-Primos Mexican Buffet & Restaurant located at 2906 Peach Orchard Road. District 8. Super District 10. 1- Mr. Sherman: Ms. Devasconcelos husband is here today because she is in the Army and was called away. He will be the Manager and she will be here at the Commission meeting on Tuesday Mr. Devasconcelos: Mr. Devasconcelos 2615 National Woods Drive, Augusta. Mr. Sherman: The L&I Dept. and the Sheriff's Dept. recommend approval (No objectors) Mr. Colclough: So move for approval. Mr. Bridges: Second. Motion carries unanimously. 5. A request by the License & Inspections Department to discuss the suspension, probation or revocation of the business license of the following taxi cab companies: Community Cab, Flamingo Cab, United Cab, Veteran Cab, National Cab, Royalty Cab and Signal Cab for violating Augusta- Richmond County Code Section 6-7-39; Telephone Listing Required. I Mr. Sherman: We had a similar issue last year for all the listed cab companies except Community Cab for not being in compliance with the requirement of being listed in the Southern Bell phone book. Last year we gave so many days to come into compliance. They gave US a receipt from the phone company saying that they would be in the phone book in July 2002, but they are not in the phone book. So we're back before you again asking you to suspend their licenses until they can be in the phone book, but that would be in July 2003. If we ask that we suspend the license until they come into compliance, it's a matter of them saying that they have paid to be in the phone book. But what I think is happening is that they pay to have it, they show US proof of it, it doesn't appear in the phone book in July. Mr. Mays: Did you define a certain phone book, out of seven that come out in the area that they were to be listed in, or was it left up to be advertised. . Mr. Sherman: At the meeting last year we discussed that the official phone book, the one that's most recognized, is the yellow Southern Bell book. We went as far as to call Southern Bell and ask what they would need to do to be included. Because all of them have cell phones. For a small fee they could have a number listed in the Southern Bell book where you could dial 411, dial that number and it I would roll over to their cell phone number. 4 -I 1 1 Mr. Williams: If a person doesn't want to be listed in the phone book and the phone-book-is-fortheml:o-gelbusiness:-If-they-can-operate-withoula-phone;-I don't see where we are getting anywhere trying to demand anybody to be in business to have a phone. I understand what the Ordinance says, but how can you tell someone in business that they have a phone to operate a business. If I can get by without that bill, I wouldn't have one. Mr. Bridges: It's along the same lines. I'm just not sure we can require them to be listed in a specific phone book as you said to meet the criteria. What is the purpose of them having a phone listing? Mr. Sherman: For example, if they take a fare to the airport and the person leaves something in the car, unless they wrote the number down, they would have to call information to get the listing. Other than that, it's because it's in the Code Book. Mr. Patrick Leah, owner Connunity Cab, Royalty Cab and Veterans Cab: At the last meeting we had with Mr. Sherman, he stated that it didn't matter what phone book we're in as long as we're in the phone book. I choose the red Community phone book. The phone numbers in there now have been changed because I was in the hospital. I have new numbers listed under information waiting for the next phone book to come out and the BellSouth phone book. When I first got my license, I got my calls on a voice pager. I now have a cell phone. I don't feel like it is right for the L&I Dept to demand that we have a listing in the phone book. Mr. Beard: I think there is a simple solution to all of this. We have an Ordinance. We should either amend or appeal the Ordinance. Give the Attorney the authority to do that and give him some guidelines. The Ordinance is there and Rob is doing his job. It's up to us to amend or do whatever we want to do. Mr. Mays: I realize that L&I has to enforce whatever laws we give them. I thought we had reached a solution on this last year. Is there anything Mr. Wall or Mr. Sherman in the Ordinance that requires a specifically named book in the Ordinance? Mr. Wall: No it's not in the Ordinance. We did indicate that we wanted it in the Southern Bell phone book because that was the most widely distributed. Mr. Mays: I think what we need to do gent!emen if that's the case, we need to work with our cab companies. I still have a problem suggesting a particular mode of advertisement. But if that's going to be one, I think we need to work with them on trying not to get in on a classified have to pay. There many businesses that are listed in the book that are not listed in the yellow pages of which we don't have an Ordinance which governs those particular businesses and the way that the advertise. If it's not in the wording of the Ordinance, then I agree with the Connissioner on this issue which is to suspend. If its not written in the Ordinance to suggest where something should be listed, I think we need to write it 5 in there, vote on it and make it law. I think we have enough time for the License Depc;-to-be-business-friendly-and-to-wai,this-situatiorrou,again:--The-ehail would like to entertain a motion that we deal with the Ordinance later on. I think as far as the suspension of these folks license, if it's not called for in there, then I don't think we have a legal leg to stand on if the wording is not in the Ordinance. 1- Mr. Bridges: I would like to make the motion that we do not suspend the license of this gentleman. He showed me evidence that he is in the phone book. I would suggest that on the others that we postpone them and have our L&I people check those out to verify that they have no phone listings anywhere, in any phone book and bring that information back to us at the next meeting. Mr. Colclough: Second. Mr. Mays: If the maker of the motion would accept a one line amendment is that before we get this back again that we have some absolute clarity in the Ordinance if we want to change it. Mr. Bridges: I'll accept that. Mr. Williams: I would like to see what else is in that Ordinance. Motion carries unanimously. 1 CONSENT AGENDA ITEMS: 6. Approve budget adjustment for additional options and related grant award associated with purchase of new ARFF vehicle. 7. Approve budget adjustment for Black & Veatch strategic planning workshop in the amount of $24,765. 8. Approve budget adjustment for Black & Veatch WA #2 in the amount of $83,246. 9. Approve budget adjustment for Black & Veatch WA #4-DBE Program Plan in the amount of $69,942.00. 10. Approve budget adjustment for Black & Veatch WA #6 in the amount of $167,300. 11. Approve budget adjustment for Black & Veatch WA #7 in the amount of $44,000. 12. Approve budget adjustment for Black & Veatch WA #9 in the amount of $5,267.00. I 6 -I 1 1 13:--Approve-budger-adjustmenr-for-increased-airport-liability-insurance payment in the amount of $73,825.00. 14. Approve budget adjustment for additional expenses related to marketing of Continental Airlines in the amount of $50,000.00. 15. Approve budget adjustment for Flight Explorer Software for the airport FBO in the amount of $3,180.00. 16. Approve budget appropriation from contingency to the property maintenance budget in the amount of $5,000. 17. Approve budget adjustment to record grant revenues and related expenditures in the amount of $233,454.00. 18. Approve funding for airport terminal improvement project not to exceed $1,695,888. 19. Approve purchase of fuel for helicopters from airport contingency fund in the amount of $278.27. ADDENDUM CONSENT AGENDA: 6. Approve 2003 budget adjustment for TSA Memorandum of Agreement increase from $1,222 per day to $1,430 daily. 7. Approve budget adjustment to include additional grant revenues and airport portion for AIP Project #22 Taxiway "C" Rehab. 8. Approve $100,000 operating account budget adjustments from contingency. 9. Approve change order for Two State Construction Multi-Use Hangar Project not to exceed $11,000 to be funded from contingency. 10. Approve LPA Work Authorization #1 in the amount of $9,527.34 to be funded from contingency. 6. Approve $5,000 from contingency to bring airport restaurant in compliance with OSHA/Health Department. Mr. Kuhlke: I move Mr. Chairman that we take items 6 through 19 plus the addendum as a consent agenda. Mr. Bridges: Second. Motion carries unanimously. 7 20. Motion to suspend (revoke) the business tax certificate of Sunrise Assisted J:;iving;-Inc;-for-failure--to-respond_ith~request-forinformation-by-the Human Relations Commission. 1- Mr. Wall: The Human Relations Commission has been trying to investigate a matter and they have requested certain information. They have written numerous letters. We wrote a letter several indicating that if they did not respond that we would have no alternative but to take this matter before the Commission today. We had no response. This is the last step that we take in order to compel compliance with the request with HRC. Mr. Johnny Thomas, Executive Director, Sunrise Assisted living, Inc. and Ms. Laurei Thomas, HR At!antic Region. Mr. Mays: You all will be speaking on behalf of Sunrise. Since this is the first one to come before US in Committee. If you all can bring the Committee up to where you are and then if we get the response, hopefully, we can get this worked out. Mr. Wall: Mr. Chairman, if this meets with your approval, what I would suggest is that we postpone this agenda item for two weeks and work with them during this two week period to get the information that Mr. Frank Thomas requested. This will give uS an opportunity to meet with them and develop a schedule for getting the information and have it resolved. I Mr. Kuhlke: I would like to make a motion that we defer any action on this for two weeks and ask Mr. Thomas and the other group to leave this meeting and go in the next room and talk and have a staff attorney to attend this meeting. Mr. Bridges: Second. Mr. Mays: I was trying to get something cleared up today. I'm hearing that they need information. I don't think it's going to take them two weeks to get a schedule to get information ready to go. If they're clear on what they're being asked for and if Mr. Thomas and those have the documentation for it. If we have a license suspension action to be taken, I think it's just something to be brought back in the next few minutes. Mr. Bridges: I would like to make a substitute motion that we table this until the end of the meeting and allow them to meet. Mr. Kuhlke: Second. Motion carries 3-1 with Mr. Colclough voting no. I 8 Mr. Russell: The two they have met and agreed to a timetable that the information wuuld-be-provided-by-Monday;-November4-at-12-noon:-There-is-some-current information that they are exchanging right now. So it looks like we're moving forward with that and both parties have agreed to that timetable. -I Mr. Mays: I think we could be comfortable probably gent!emen of the Committee, if we could entertain a motion to pass this on to the Commission with no recommendation allow them time to complete the process. By Tuesday there should be something up or down for us to vote on. Mr. Kuhlke: So move for approval. Mr. Bridges: Second. Motion carries 3-1 with Mr. Colclough voting no. 21. Motion to approve the emergency replacement of a IS-ton HV AC unit at the Boathouse Community Center to Mobley Mechanical, Inc. in the amount of $U,750.00. 1 Mr. Beck: We're asking for your approval for this emergency purchase. We had to install a HV AC system in the Boathouse. This was one of the original systems in the building since 1985 went out. We had two rentals coming up within two days after the unit went out. We did get three quotes for the replacement. Mr. KuhJke: So move for approval. Mr. Colclough: Second. Motion carries unanimously. 22. Motion to approve the upgrade of one Recreation Specialist IV to Recreation Specialist II for the new McBean Community Center. Mr. Beck: As you know we're in the process of finishing the new McBean Community Center. This request for the upgrade would be consistent with the other positions that we have with similar responsibilities in larger operations such as this will be. This position will be responsible for twenty acres of parkland that we will be managing in the next month when the center opens. Eventually, there will be additional staff that will need to be supervised. The building is much larger so the scope of duties are commensurate with this upgrade. Mr. Kuhlke: So move for approval. Mr. Bridges: Second. I Motion carries unanimously. 9 23. Consider request from Augusta-Richmond County Public Library for $50;000-Crom-the-eontingency-Fund-to-meeroperating-needs-and--to-buy materials. 1- Mr. Swint: This is mostly because of cuts we've been getting from the State. About 40% of our budget comes from the State of Georgia and about 59% from Augusta Richmond County and the other 1% from donations. Our State budget has been cut from $90,000 to $90,000 because of State cut backs. Everyday it changes. Right now we're at the point where we're unable to pay some bills. We have no heating at the Maxwell Branch. It'll cost us about $6,500 to get that system fixed. We have problems at the Freedman Branch where they won't have any heat, that'll be another $3,500. We get no materials money from Richmond County, everything is depended on the State of Georgia. Our materials budget from the State has been cut from $110,000 to $60,000. So we are really in need of more funding from the County. Mr. Cheek: The Library has had one of the lowest levels of funding in any city in the State. They're experiencing the same things the Health Department is and that is continued State cuts and the funding for one reason or another. Sooner or later we'll have to step up to the plate and take on some of the operational cost for up keep and new books and materials that we haven't funded in the past. Mr. Kuhlke: Mr. Kolb, can you tell us where we are on contingency right now? I Mr. Bridges: $550,000. Mr. Kolb: Thank you. I agree with what has been said. I just want to caution you that you are taking this out of your contingency fund, your reserves and it's not really coming from a new revenue source. The State is cutting back. Everybody is cutting back. We are now dipping into our reserve funds and I just want to caution you that even though the need is there, and that the Library should be supported, you are not taking it out of your current operating funds, you're taking it out of reserves. Mr. Kuhlke: You mean the contingency that we set up in the budget is gone? Mr. Kolb: No. I'm not saying that. What I'm saying is your contingency fund consists of reserves from prior years. That's how you fund your clients. And when you start dipping into that contingency fund, which is designed for emergencies, you are taking ont of that current year revenues or revenues over expenses, you are actually taking out of prior year emergency reserves. Mr. Shepard: I asked Gary to bring this to us today because of the State cut backs. I don't think we have any other alternative but to fund the Library for the remainder of the year. I 10 Mr. Colclough: I would like to make a motion that we go ahead and approve the-Library-$50;000-for-the-remainder-oC-the-year-ouroC-the-contingency fund. -I Mr. Bridges: Second. Mr. Cheeks: Just a thought that this and the Health Department budget cuts from the State level maybe something we need to talk to our Legislative Delegation about at our next Commission Delegation meeting and see if we can't get those funds restored from the State level. Mr. Mays: There were many people that were concerned about the Library that were here at a Commission meeting prior to this particular cut. I have been urging friends of the Library and friends of every other kind of group to really encourage whatever sitting legislative delegation that's there in January to address those issues that affect Richmond County to try and get them introduced, particularly as how they relate to flexibility in sales tax money. Until that's done and I think it ludicrous that you cannot deal with helping a library when you have an educational system that being financed by HOPE scholarships and the Lottery. Motion carries unanimously. ADJOURNMENT: With no further business to discuss the meeting was adjourned. I Lena J. Bonner Clerk of Commission 1 11 PUBLIC SERVICES AGENDA COMMITIEE ROOM - October 28, 2002 11.:3o-P:-M. I. New Ownership: A.N. 02-40: A request by Christina Park for a retail package Beer & Wine license to be used in connection with Central Gas, LLC DBA KoAm located at 1502 Central Avenue. District 5. Super District 9. 2. New Ownership: A.N. 02-41: A request by Christina Park for a retail package Beer & Wine license to be used in connection with Central Gas, LLC DBA J R's Mart located at 2078 Old Savannah Road. District 2. Super District 9. 3. New Application: A.N. 02-42: A request by Sharon W. Bryan for an on premise consumption Liquor, Beer & Wine license to be used in connection with Blind Pig, Inc. located at 1251 & 53 Broad Street. There will be a dance hall. District I. Super District 9. 4. New Ownership: A.N. 02-43: A request by Erika Devasconcelos for an on premise consumption Beer license to be used in connection with Los Primos Mexican Buffet & Restaurant located at 2906 Peach Orchard Road. District 8. Super District 10. 5. A request by the License & Inspections Department to discuss the suspension, probation or revocation of the business license of the following taxi cab companies: Community Cab, Flamingo Cab, United Cab, Veteran Cab, National Cab, Royalty Cab and Signal Cab for violating Augusta-Richmond County Code Section 6-7-39; Telephone Listing Required. 6. Approve budget adjustment for additional options and related grant award associated with purchase of new AR.FF vehicle. 7. Approve budget adjustment for Black & Veatch strategic planning workshop in the amount of $24,765. 8. Approve budget adjustment for Black & Veatch W A #2 in the amount of $83,246. 9. Approve budget adjustment for Black & Veatch W A #4-DBE Program Plan in the amount of $69,942.00. 10. Approve budget adjustment for Black & Veatch W A #6 in the amount of $167,300. II. Approve budget adjustment for Black & Veatch W A #7 in the amount of $44,000. ... - 12. Approve budget adjustment for Black & Veatch W A #9 in the amount of $5,267.00. - - 14. Approve budget adjustment for additional expenses related to marketing of Continental Airlines in the amount of $50,000.00. 13. Approve budget adjustment for increased airport liability insurance payment in the amounfOf$73~82S:00. 15. Approve budget adjustment for Flight Explorer Software for the airport FBO in the amount of$3,180.00. 16. Approve budget appropriation from contingency to the property maintenance budget in the amount of$5,000. 17. Approve budget adjustment to record grant revenues and related expenditures in the amount of $233,454.00. 18. Approve funding for airport terminal improvement project not to exceed $1,695,888. 19. Approve purchase of fuel for helicopters from airport contingency fund in the amount of $278.27. 21. Motion to approve the ernergency replacement of a 15 ton HV AC unit at the Boathouse Community Center to Mobley Mechanical, Inc. in the amount of $12,750.00. 20. Motion to suspend (revoke) the business tax certificate of Sunrise Assisted Living, Inc. for failure to respond with request for information by the Human Resources Commission. 22. Motion to approve the upgrade of one Recreation Specialist IV to Recreation Specialist II for the new McBean Community Center. 23. Consider request from Augusta-Richmond County Public Library for $50,000 from the Contingency Fund to meet operating needs and to buy materials. - - - .,