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HomeMy WebLinkAboutMarch 15, 2011 Commission Meeting REGULAR MEETING COMMISSION CHAMBER MARCH 15, 2011 Augusta Richmond County Commission convened at 5:00 p.m., March 15, 2011, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, Smith, Hatney, Aitken, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. The invocation was given by Apostle C.M. Herrington, Pastor, Strait Gate Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Thank you for that wonderful invocation and if I can get you to come forward, please, sir. Office of the Mayor. By these present be it known that Apostle C.M. Herrington, Pastor, Strait Gate Church is Chaplain of the Day for his civic and spiritual guidance demonstrated throughout the community. Serves as an example for all the faith community. th Given under my hand this 15 day of March 2011. Thank you, sir. (APPLAUSE) And, Madam Clerk, before we get into the delegations I believe that Mr. Russell had an introduction to make. Mr. Russell: Yes, Mr. Mayor, members of the Commission. Bill Shanahan, our new Deputy Administrator, started work yesterday. I’d like for Bill to stand and say hello. If you could welcome him in I’d appreciate it. (APPLAUSE) Mr. Mayor: Welcome to the team. All righty, Madam Clerk, on to the delegations. The Clerk: DELEGATIONS A. Mr. Barry White, Executive Director, Augusta Convention and Visitors Bureau. RE: ACVB 2010 Community Report. Mr. White: Thank you, Mr. Mayor, and members of the Commission. I just wanted to give you a real brief report today. We had a luncheon last week and we called it the State of Tourism Luncheon. We reported on some accomplishments of the organization and how it affected the City of Augusta in 2010. I’ve got a two-minute video I want to play for you and we’ll wrap up with a couple of other things that we covered. Thank you. It was a groundbreaking year in 2010. We’re going to pass out our printed version of our community report. Visitors spent a record amount in our hotels last year. They spent over $66 million dollars on hotel rooms alone. That’s according to Smith’s Travel Research and that’s an increase of 5 ½ percent over a banner year in 2009. And that’s not to say that some of our hotels didn’t feel the effects of the economy but overall and collectively the hotels performed well in related sales taxes associated with that increase was also good for the city. At the luncheon we recognized two groups of people. The first was a group of hotel employees who have been nominated for excellence in customer service by quests at their hotel. And the second group we 1 recognized were what we call Augusta Champions. There were over one hundred Augusta Champions in attendance from the past ten years and a champion is someone that we, that has worked with us to bring a meeting or event to Augusta. We had one champion that couldn’t be there last week and I’d like to recognize Commissioner Jerry Brigham. He was a champion actually back in 2000 and worked with the training session for the Georgia Municipal Association and brought that to Augusta. Thank you, Commissioner Brigham. And the last thing we’d like to do is present a big check. This represents ten years worth of direct delegate spending in the City of Augusta. And this is what was generated by local residents who brought that meeting or event to Augusta. We have a large check we’d like to present to the city. This is $237 million dollars again direct visitor spending from the Champions here in Augusta, local residents who are proud of their community and brought an event here and we hope they’ll bring many more. Mr. Mayor: Absolutely, thank you for the big check. (APPLAUSE) Mr. Russell: Mr. Mayor, if I may, Mr. White, there’s a series of numbers that are missing on the lower left hand corner of that check that we’d like to have if you don’t mind. Routing numbers I believe? Yes. Mr. Mayor: All righty, thank you, Barry. And thanks to everything that the ACVB does to promote Augusta. You guys are doing a great job and I love that video. Thank you all so much. (APPLAUSE) Madam Clerk, on to the next delegation. The Clerk: DELEGATIONS B. Mr. Ted Wiggins, Augusta Judicial Circuit Drug Court Coordinator. RE: AJCDC Graduation March 24, 2011) Mr. Wiggins: Good afternoon, Commissioners, Mr. Mayor, it’s a great pleasure to come before you today. I will be brief. My show won’t be quite that affect but I wanted to come and extend a personal invitation to our next Drug Court Graduation, which is Thursday March the th 24 at Beulah Grove Baptist Church. The Mayor was at our last graduation where we graduated our first four participants from the Augusta Judicial Circuit Drug Court. This next Thursday th coming up on the 24 we hope to graduate our next six and we’ll be graduating them each quarter thereafter. The next time I come to present to you I’ll have some numbers. We’ve come full circle with the drug court now. We started in August of 2008 with six participants. We’ve grown now to 100-participants and as I stated earlier we’ll be graduating our next 6-8 persons on th the 24. It’s a, we do present a great cost savings to the community in that over the past two years we’ve accumulated some 58,000 out of jail days for our participants that are in drug court at the tune of $50.00 a day. That’s a significant amount of money that we’re saving the city. I’d also say that that participant’s aren’t getting a free ride like you think. Those individuals that are individually together collectively also put approximately $170,000 dollars into the program themselves to pay for the treatment and to offset some of the other costs that are associated. So I th again extend an invitation for you all to be with us on March 24 at Beulah Grove Baptist Church at 11:00 o’clock for our next graduation. If you can’t make that we have Drug Court 2 every single Thursday. We’ll soon be in the Judicial Center but in most cases we are in A119 over at the Law Enforcement Center at 11:00 o’clock. And I think if you come to see what we do in the drug court that you’ll be sold on that and we’ll get even greater support from you. So th thank you and hopefully we’ll get to see you all on the 24. Mr. Mayor: And, thank you, Ted. Thank for all that you all are doing and just for the Commissioners. If you’re able to make it for the people that have gone through the program I heard from a lot of the participants the community support means a tremendous amount to them. So if you’re able to make it just please stop by. Okay, thank you, sir. Madam Clerk, I believe we’re on to the consent agenda. The Clerk: Yes, sir. Our consent agenda consists of items 1-27, items 1-27. 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 3: Is to approve a Special Exception for a model home on 4072 Harper Franklin Avenue. Item 4: Is a request for a change of zoning from a Zone Heavy Industry to a Zone A (Agriculture) affecting property at 1641 Dixon Airline Road. Item 5: Is for a change of zoning from a Zone A (Agriculture) to a Zone R-1C (One- family Residential). Item 6: Is for a change of zoning from a Zone A (Agriculture) to a Zone B-2 (General Business) affecting property at 3027 Gordon Highway. The Clerk: Are there any objectors to those Planning petitions? 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 objection by raising your hand? Item 8: Is for a Special Events license Wild Wings Café located on Washington Road. Item 9: Is for an on premise consumption Liquor, Beer & Wine license to be used in connections with the Alley Katz Bar & Grill located at 3629A Walton Way Extension. Item 10: Is for a retail package Liquor, Beer & Wine license to be used in connection with Reeds’ Wine & Spirits 3109A Washington Road. Item 11: Is for a retail package Liquor, Beer & Wine license to be used in connection with Royal Wine & Beverages located at 3212 Wrightsboro Road. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Our consent agenda consists of items 1-27 and Mr. Mayor, members of the Commission, the Planning Director Mr. Patty is asking that Item #7 be postponed. 3 Mr. Mayor: Okay. Gentlemen do we have any additions to the consent agenda? Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I would like to add agenda item number 29 to the consent agenda, please. Mr. Mayor: Okay. The Clerk: Can we see if he’s in the chamber Mr. Mayor? We need to see --- Mr. Mayor: What’s that? The Clerk: --- in the chamber item number 29. Is that Nacho Mama’s? Okay, you want him to so we can have it for the record that he was here? Yes, then we can vote and be done. Mr. Sherman: Number 29 is a Special Request by Barry Blackston for a Sunday Sales license to be used in connection with Nacho Mama’s located at 976 Broad Street. There will be Sunday sales. District 1. Super District 9. Mr. Blackston: My name is Barry Blackston. My address is 8070 Russell Street in Augusta. Mr. Sherman: The department of License and Inspections recommend that it be approved and there are no objectors. The Clerk: No objectors. Okay, thank you, Mr. Sherman. Okay, that’s --- Mr. Mayor: Added and approved? The Clerk: No, sir, we’re going to add it to the consent agenda then that way when we vote. Mr. Hatney: Mr. (inaudible). Mr. Mayor: Yes, sir, Commissioner Hatney. Mr. Hatney: Item number 30. The Clerk: Okay. Mr. Hatney: Thirty-one. Mr. Mayor: Okay. 4 Mr. Hatney: I’m not sure but some of my colleagues have some problems with 28 won’t bother with that but I don’t see why we can’t consent that too. Mr. Mayor: Okay. The Clerk: Well, I probably think you need to Mr., let me see what Mr. Patty --- Mr. Mayor: Okay. Okay, we have objectors to twenty-eight? Okay, if there are no further items to be added to, are there any items to be pulled for discussion? Hearing none I’d look for a motion to approve the consent agenda. Mr. Jackson: So moved. Mr. Johnson: Second. CONSENT AGENDA PLANNING 1. FINAL PLAT – WALTON HILLS, SECTION 8, PHASE 2 – S-820 – A request for concurrence with the Augusta Richmond County Planning Commission t approve a petition by James Swift and Associates, on behalf of Southern Specialty Development Corp., requesting final plat approval for Walton Hills, Section 8, Phase 2. This residential subdivision is located on Ethan Way and Drew Lane. 2. FINAL PLAT – LONGPOINT TOWNHOMES – PHASE 3-B – S-792-B – a request for concurrence with the Augusta Richmond County Star Survey, Inc. on behalf of ATC Development Corp., regarding final plat approval for Longpoint townhomes, Phase 3-B. This residential townhome development is located on Longpoint Drive, adjacent to Longpoint Phase 3-A and contains 30 lots. 3. Z-11-07 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Chris Bartow, on behalf of Pillon Communities, requesting a Special Exception to establish a sales office in a model home per Section 8-2 (f) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately .32 acres and is known as 4072 Harper Franklin Avenue. (Tax Map 067-1-069-00-0) DISTRICT 3 4. Z-11-11 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by George Inman, on behalf of the White Barrett Estate, requesting a change of zoning from Zone HI (Heavy Industry) to Zone A (Agriculture) affecting property containing approximately 135 acres and in known as 1641 Dixon Airline Road. (Tax Map 135-0-005-00-0) DISTRICT 1 5. Z-11-12 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by R. Lionel Prather, on behalf of Walker Hill, LLC, requesting a change of zoning from Zone A (Agriculture) to Zone R-1C (One-family Residential) affecting property containing approximately 62 acres is presently eleven tax parcels known as 3027-3059 Gordon Highway (odd only) Tax Map 078-0-003-00-0, 078-0- 003-02-00-0, and 078-0-007-00-0 thru 078-0-015-00-0) DISTRICT 3 6. Z-11-13 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by R. Lionel Prather, on behalf of Walker Hill, LLC 5 requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting property containing approximately .8 acres and is part of 3027 Gordon Highway. (Part of Tax Map 078-0-003-02-0) DISTRICT 3 7. ZA-R-202 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Richmond County by amending Section 27-7 (e) to modify proper foundation and skirting for manufactured homes on individual lots. PUBLIC SERVICES 8. Motion to approve a request by Jan Scholer for a Special Events license to be used in connection with Wild Wings located at 3035 Washington Rd. for April 5 thru April 9, 2011. The Event is for 5 days during Masters Week and will be held in the parking lot. District 7. Super District 10. (Approved by Public Services Committee March 7, 2011) 9. Motion to approve New Ownership Application: A.N. 11-08: A request by William M. Davis for an on premise consumption Liquor, Beer & Wine license to be used in connection with Allie Katz Bar & Grill located at 3629 – A Walton Way Extension. District 7. Super District 10. (Approved by Public Services Committee March 7, 2011) 10. Motion to approve New Application: A.N. 11-09: A request by Thomas S. Hudson for a retail package Liquor, Beer & Wine license to be used in connection with Reed’s Wine & Spirits, LLC located at 3109 – A Washington Rd. District 7. Super District 10. (Approved by Public Services Committee March 7, 2011) 11. Motion to approve New Application: A.N. 11-10: A request by Young S. Pak for a retail package Liquor, Beer and Wine license to be used in connection with Royal Wine & Beverages located at 3212 Wrightsboro Rd. District 3. Super District 10. (Approved by Public Services Committee March 7, 2011) 12. Motion to approve Augusta Public Transit’s purchase of the following items through Grant Project GA-90-X300-00 (54609-1210): Three (3) Transit Vehicles from Daimler Buses, North America (389,243 per bus) $1,167,729. (Approved by Public Services Committee March 7, 2011) 13. Motion to approve Augusta Public Transit’s purchase of two (2) paratransit vehicles and two (2) small fixed route transit vehicles from National Bus Sales and Leasing, Incorporated for $305,566. (Approved by Public Services Committee March 7, 2011) 14. Motion to approve an amendment to Augusta-Richmond County Code, Section 7-1-117, Performing Electrical, Plumbing, and HVAC Work, so as to include Building. (Approved by Public Services Committee March 7, 2011) 15. Motion to renew the Sec. 5311 Rural Transit grant application between the Georgia Department of Transportation (GDOT) and Augusta, Georgia from July, 2011 to June, 2012. (Approved by Public Services Committee March 7, 2011) PUBLIC SAFETY 16. Motion to allocate grant funding ($194,000.00) for the Richmond County Sheriff’s Office to implement Department of Homeland Security (DHS), Buffer Zone Protection Program (BZPP). (Approved by Public Safety Committee March 7, 2011) 17. Motion to allocation funding for the Richmond County Sheriff’s Office (RCSO) in the amount of $42,145.00 to implement the Department of Homeland Security (DHS) State 6 Homeland Security Grant Program. (Approved by Public Safety Committee March 7, 2011) 18. Motion to approve the installation of fiber optic cabling to provide network and telecommunications services to the new Marshal’s substation at 3050 Deans Bridge Road. (Approved by Public Safety Committee March 7, 2011) 19. Motion to approve amendment to existing contract with Twenty-First Century Communications, Inc. (TFCCI) for Emergency Management. (Approved by Public Safety March 7, 2011) 20. Motion to approve Mutual Aid Memorandum of Understanding between the Department of the Army and the Augusta, GA Fire Department for fire protection services. (Approved by Public Safety Committee March 7, 2011) FINANCE 21. Motion to approve request from Chief Randy Ellison of Swainsboro for the donation of one 2000 Crown Victoria to be used by Swainsboro Public Safety. (Approved by Finance Committee Marcy 7, 2011) 22. Motion to approve setting up revenue and expense budgets to record tree mitigation fees. (Approved by Finance Committee March 7, 2011) 23. Motion to approve a list of example transportation projects to be submitted to the GDOT Director of Planning and to the Augusta Metropolitan Planning Organization. (Approved by Finance Committee March 7, 2011) ENGINEERING SERVICES 24. Motion to accept as information the agreement between Augusta and Dixie Riverside (dba A&A Vending) of Augusta, GA to operate the vending services for the new Judicial Center, Augusta will receive $100 per month and 15% of net sales after sales tax. (Approved by Engineering Services Committee March 7, 2011) 25. Motion to approve the abandonment of a portion of Robert C. Daniel, Jr. Parkway, as shown on the attached plat and consisting of 0.058 acres (2,483.0 square feet), and find that it has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, which reflects results of a public hearing held March 3, 2011, regarding the issue of abandonment, pursuant to O.C.G.A. Section 32-7-2, with the abandoned property to be deeded to K.P. Management, Inc. for the appraised value, per an appraisal performed by Maxwell Appraisal Group dated January 31, 2011, upon the approval of site development plans for said property by Augusta, Georgia, and authorize the Mayor and Clerk of Commission to execute deed and closing documents as approved by Augusta Law Department. (Approved by Engineering Services Committee March 7, 2011) 26. Motion to approve a list of example transportation projects to be submitted to the GDOT Director of Planning and to the Augusta Metropolitan Planning Organization. (Approved by Engineering Services Committee March 7, 2011) PETITIONS AND COMMUNICATIONS 27. Motion to approve the minutes of the regular meeting of the Commission held March 1, 2011 and Special Called Legal Meeting held March 7, 2011. 7 PUBLIC SERVICES 29. Discussion: A request by Barry Blackston for a Sunday sales license to be used in connection with Nacho Mama’s located at 976 Broad St. There will be Sunday sales. District 1. Super District 9. (No recommendation from Public Services Committee March 7, 2011) PETITIONS AND COMMUNICATIONS th 30. Motion to approve the rescheduling of the July 5 regular meeting to June 30, 2011 in accordance with the Augusta Code. ATTORNEY 31. Motion to approve ordinances amending pension plan restatement ordinances 7227 and 7228 entitled 1945 Richmond Employees Pension Fund and 1949 City of Augusta General Retirement Fund. (Approved by the Pension Committee December 13, 2010, Augusta Commission December 21, 2010 and February 1, 2011) Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual sign. Motion carries 10-0. [Items 1-27, 29, 30, 31] Mr. Mayor: Okay, Madam Clerk, let’s take our agenda item. The Clerk: PLANNING 28. Z-11-10 – A request for concurrence with the Augusta Richmond County Planning Commission t approve with the following conditions 1) no expansion of activity until an approved Mined Land Use Plan has been presented; 2) no impact on area wetlands; 3) mining and filling is to be conducted by the owner/applicant only; no materials are to be sold to others from the site nor are any materials to be brought to the site for disposal by others; and 4) a 100 foot no activity buffer shall be maintained along the northwest property line adjacent to parcels 280-0-009-00-0 and 280-0-010-00-0; a petition by J. Scott Rowe, requesting a Special Exception to establish an inert fill area per Section 26-1 (o) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 55 acres and is known as 1285 McCoy Road. (Tax Map 280-0- 022-00-0 & 280-0-011-00-0) District 8 Mr. Mayor: Mr. Patty. Mr. Patty: Yes, sir, this is a petition on the end of McCoy Road which is a dead end road off of Bennock Mill Road. There are some rural properties along this road and most of the owners of those properties object to the petition is why I’m asking you to hear it separately. The petitioner received permission to operate a sandpit about two years ago. That was transferred to the current owner. He’s operated it he began replacing the fill he was taking out with material he was bringing it which made it an inert fill area, which he needs special permission to do. And 8 that’s why it’s before you today. We recommend you approve it with the four conditions you see plus another one that was inadvertently left off the agenda and that fifth condition is that the height of the fill would not exceed 20 feet above the adjacent grade. And the petitioner has agreed to that. We feel that’s a reasonable solution to the problem with the conditions and we recommend you approve it. Mr. Mayor: Okay, can we hear from the, those in opposition? Yes, sir. Mr. Winter: Russell Winter, I live at 1326 McCoy Road in Augusta. Mr. Mayor: And if you could keep it to five minutes, please, sir. Mr. Winter: Okay, I really wasn’t prepared to make a statement but I’ve gotten with a lot of my neighbors and we just felt we did not want a landfill in our neighborhood and we did not understand why we have to have an inert landfill in our neighborhood when we’re understand that Richmond County has an inert landfill and all the revenue is not going to Richmond County. It’s going to our private landfill on McCoy Road. It took us a lot of years. I’ve been out there 31 years to get our road paved and it was not paved for heavy trucks of the type that we’re seeing now. And we are concerned that you know it could be many more years before we get it repaved, just some of the concerns that we have about our property values going down with a landfill in our area. So um, that’s our biggest concern. Mr. Mayor: Okay, thank you, sir. Gentlemen, you all? Commissioner Jackson. Mr. Jackson: Oh, watch that finger there. Do we have any questions on this? Is there a motion either way? Mr. Jackson: A motion to approve with the four listed conditions and an additional condition that the height and the fill would not exceed 20 feet above the adjacent grades. Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. Any further discussion? Motion to approve with the conditions as stated. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Guilfoyle votes No. Motion carries 9-1. Mr. Mayor: If I’m not incorrect that ends our agenda, Madam Clerk. That disposes of all agenda items? Mr. MacKenzie, I know you had requested a brief Legal meeting. Mr. MacKenzie: Yes, we have a case that’s set for hearing next week and there’s a mediation scheduled for this Friday so it’ll be our last opportunity to us to give you a final update on it. It’s only one item. Outside counsel’s here to explain. It should be a very brief meeting. 9 So I would entertain a motion to go into a closed legal meeting for pending and potential litigation. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 32. Motion to approve going into a Legal Meeting. Mr. Mayor: Can I get a motion to that effect? Mr. Johnson: So moved. Mr. Mayor: Do we have a second? Mr. Aiken: Second. Mr. Mayor: Commissioner Aitken seconds. Commissioners will now vote by the usual sign of voting. Mr. Mason and Mr. Jackson vote No. Motion carries 8-2. Mr. Mayor: We are in Legal. Let’s run back there and get this thing done. [LEGAL MEETING] 33. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Jackson: So moved. Mr. Brigham: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Bowles out. Motion carries 9-0. Mr. Mayor: Fred, do you need anything else? All righty, if there’s no further business to come before the body we stand adjourned. Thank y’all, good meeting. Well done. [MEETING ADJOURNED] 10 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 March 15, 2011. ______________________________ Clerk of Commission 11