HomeMy WebLinkAboutCommission Meeting - August 16 2011
REGULAR MEETING COMMISSION CHAMBER
AUGUST 16, 2011
Augusta Richmond County Commission convened at 5:00 p.m. August 16, 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.
Mr. Mayor: With no further business to come before the body this meeting stands
adjourned and I will go ahead and call to order the Commission Meeting and would ask for
Reverend K.B. Martin to do the invocation if Reverend Martin is present.
The invocation was given by the Reverend Kenneth B. Martin, Pastor, Antioch Baptist
Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Thank you, Reverend. Madam Clerk, I believe we have a couple of
additions or deletions actually.
The Clerk: Yes, sir. We have a request to withdraw Item 4 at the request of Attorney
Harry Reville on behalf of Mr. Patel to withdraw without prejudice. We have a request to delete,
to postpone Item 31 by our License and Inspections Department for 30 days in order to allow the
applicant to post a revised placard.
Mr. Mayor: Do we have unanimous consent for these two actions? Commissioner
Guilfoyle.
Mr. Guilfoyle:No, sir, no.
Mr. Mayor: So we do not have unanimous consent to delete Item 4 or to postpone Item
31 for 30 days?
The Clerk: No.
Mr. Mayor: Okay. Those are deletions.
The Clerk: Item 31, well, you just, you’re not, on Item 31 ---
Mr. Guilfoyle: Item number four.
The Clerk: Oh, just four. His objection was to Item 4. Okay, so Item 31 is okay to be
deleted, Mr. Guilfoyle, I mean to be postponed. Item number 31?
Mr. Mayor: Okay. Thank y’all. Madam Clerk, on to the consent agenda, please.
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Mr. Brigham: I want to pull item number four for discussion.
The Clerk: Okay, well ---
Mr. Mayor: Okay, yeah, let’s wait until I call for additions and then items to be pulled.
The Clerk: Our consent agenda consists of items 1-30, items 1-30. For the benefit of any
objectors to our Planning petition once the petition is read, would you please signify your
objections by raising your hand. I call your attention to:
Item 2: Is a request for a Special Exception to establish a Family Personal Care Home on
property located at 1431 Perry Avenue.
Item 3: Is a request for a change of zoning from a Zone R-3B (Multiple Family
Residential) and a Zone B-2 (General Business) to a Zone R-1A (One-family Residential)
affecting property located at 525 Telfair Street.
The Clerk: Are there any objectors to those two planning petitions? No objectors. I call
your attention to the Public Services portion of our agenda. If there are any objectors to the
following petitions, would you please signify your objections by raising your hand.
Item 4: A motion to deny a Liquor license petition at a location at 545 Sand Bar Ferry
Rd. doing business as H&S Wines and Spirits.
Item 5: An on premise consumption Liquor, Beer & Wine license to be used in
connection with Crazy Turks Pizza Bar & Grill located at 2910 Washington Rd.
Item 6: is for an on premise consumption Beer & Wine license to be used in connection
with The Blue Sky Kitchen located at 990 Broad St.
Item 7: Is for an on premise consumption Liquor, Beer & Wine license to be used in
connection with XS Live located at 1082 Bertram Rd.
The Clerk: Are there any objectors to those alcohol petitions?
Mr. Mayor: None noted.
The Clerk: None noted so our consent agenda consists of items 1-30.
Mr. Mayor: Okay, do we have any ---
Commissioner Lockett: Mr. Mayor.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Sorry, I just jumped the gun a little bit.
Mr. Mayor: Okay, do we have any additions to the consent agenda? Hearing none do we
have any items to be pulled for discussion? Commissioner Brigham.
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Mr. Brigham: Mr. Mayor, I’d to pull Item #4.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Item number one.
Mr. Mayor: Okay, do we have any other items to be pulled for discussion?
Commissioner Bowles.
Mr. Bowles: Mr. Mayor I’d like to add 33 just to go back through the cycle so we can
have more discussion on this item. We’ve been kind of tied up for the last few days.
OTHER BUSINESS
33. Discuss the rescheduling of committee meeting time. (Requested by Mayor Pro Tem Joe
Bowles)
Mr. Mayor: Okay.
Mr. Bowles: Put it on the next agenda, item 33. Yes, ma’am.
Mr. Mayor: Okay, we’ve got no further additions or items to be pulled. If I could get a
motion to approve the consent agenda.
Mr. Mason: So moved.
Mr. Lockett: Second.
CONSENT AGENDA
PLANNING
2. Z-11-27 – A request for concurrence with the Augusta Planning commission to approve
a petition by Adrianne Paschal requesting a Special Exception to establish a Family
personal Care Home per section 26-1 (h) of the Comprehensive Zoning Ordinance for
Augusta, Georgia affecting property containing approximately .13 acres and is known as
1432 Perry Avenue. (Tax map 046-3-445-00-0) DISTRICT 1
3. Z-11-33 – A request for concurrence with the Augusta Planning Commission to approve
a petition by North View community Association et al requesting a change of zoning from
to Zone R-3B (Multiple Family residential) and Zone B-2 (General Business) to Zone R-1A
(One-family residential) affecting property located at the corner of the intersection of
South Barton Drive and Mike Padgett Highway and known as North view Subdivision. A
complete parcel list is available at the Planning Commission offices located at 525 Telfair
Drive. DISTRICT 6
PUBLIC SERVICES
5. Motion to approve New Application: A.N. 11-31: request by Mesiam Shodja for an on
premise consumption Liquor, Beer & Wine license to be used in connection with Crazy
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Turks Pizza Bar & Grill located at 2910 Washington Rd. There will be Sunday Sales.
District 7. Super District 10. (Approved by Public Services Committee August 8, 2011)
6. Motion to approve New Ownership Application: A.N. 11-34: request by Vincent Clayton
for an on premise consumption Liquor, Beer & Wine license to be used in connection with
XS Live located at 1082 Bertram Rd. There will be Dance. District 7. Super District 10.
(Approved by Public Services Committee August 8, 2011)
7. Motion to approve New Ownership Application: A.N. 11-34: request by Vincent Clayton
for an on premise consumption Liquor, Beer & Wine license to be used in connection with
XS Live located at 1082 Bertram Rd. There will be Dance. District 7. Super District 10.
(Approved by Public Services Committee August 8, 2011)
8. Motion to approve an engineering services agreement for the first phase of a new
campground facility at Diamond Lakes Regional Park with Cranston Engineering Group
in the amount of $42,460.00. (Approved by Public Services Committee August 8, 2011)
9. Motion to approve A/E design fees in amount of $34,500 to Virgo Gambill Architects for
Phase II design services for improvements to the Henry Brigham Swim Center. (Approved
by Public Services Committee August 8, 2011)
10. Motion to approve the renewal of the Loan Agreement with the Augusta Museum of
History for the five golf statues. (Approved by Public Services Committee August 8, 2011)
11. Motion to approve a Mutual Aid Agreement with Columbia County as approved by the
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Augusta Aviation commission at their July 28 Meeting. (Approved by Public Services
Committee August 8, 2011)
12. Motion to approve a Mutual Aid Agreement with the Department of the Army for the
Augusta Regional Airport. (Approved by Public Services Committee August 8, 2011)
ADMINISTRATIVE SERVICES
13. Motion to approve amending the 2011 Action Plan due to a decrease in Fiscal Year
2011 allocations for the Community Development Block Grant (CDBG), HOME
Investment Partnerships (HOME), Housing Opportunities for Persons with AIDS
(HOPWA) and Emergency Shelter Grant (ESG) Programs. (Approved by Administrative
Services Committee July 11, 2011)
PUBLIC SAFETY
14. Motion to approve Memorandum of Agreement between the Marshal’s Office and the
Augusta Aviation Commission in order to provide law enforcement services at the Augusta
Regional Airport. (Approved by Public Safety Committee August 8, 2011)
15. Motion to approve renewal of probation contract with Sentinel Offender Services for
2011/2012. (Approved by Public Safety Committee August 8, 2011)
FINANCE
16. Motion to approve abatement of Ad Valorem Taxes on property acquired by Augusta
and Land Bank. (Approved by Finance Committee August 8, 2011)
17. Motion to approve budget Adjustment in the amount of $272,900 for Approved
Settlements. (Approved by Finance Committee August 8, 2011)
18. Motion to approve a request from RTG Investments, LLC for a waive all penalties and
other fees regarding various properties formerly owned by Chaplain Investments, LLC.
(Approved by Finance Committee August 8, 2011)
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ENGINEERING SERVICES
19. Motion to approve award of RFP #11-129, Landscape Maintenance Services, for the
Solid Waste Facility. (Approved by Engineering Services Committee August 8, 2011)
20. Motion to approve the Emergency Trees Cut and Removal in the amount of $28,944.20
for Horizon Construction; funded from SPLOST Phase IV account number 323-041110-
201824021 as requested by AED. (Approved by Engineering Services Committee August 8,
2011)
21. Motion to approve and authorize execution of a lease agreement with Georgia Power to
provide, install and maintain the exterior site lighting for the Augusta, Georgia New
Sheriff’s Office. The upfront cost will be $39,000.00 which includes trenching,
underground conduit, wiring, installation of poles and lights for the Augusta, Georgia new
Sheriff’s office Building. (Approved by Engineering Services Committee August 8, 2011)
22. Motion to determine that portion of Young Street, as shown on the attached plat and
consisting of approximately 0.483 acre (21,031.19 square feet), 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, pursuant to O.C.G.A §
32-7-2, with the abandoned property to be quite-claimed to the appropriate party(ies).
(Approved by Engineering Services Committee August 8, 2011)
23. Motion to determine that a portion of Oakdale Avenue, as shown on the attached plat
and consisting of approximately 0.22 acre (9,574.00 square feet), 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, pursuant to O.C.G.A. §
32,702, with the abandoned property to be quite-claimed to the appropriate party(ies), and
an easement to be retained over the entire abandoned portion for existing or future
utilities. (Approved by Engineering Services committee August 8, 2011)
24. Motion to determine that Kingston Street, as shown on the attached plat (west of Holley
Street and being north of and parallel to Brown Street), 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, pursuant to O.C.G.A. § 32-7-2,
with the abandoned property to be quite-claimed to the appropriate party(ies). (Approved
by Engineering Services Committee August 8, 2011)
25. Motion to approve Resolution of adoption of Draft Hazard Mitigation Plan Update.
(Approved by Engineering Services Committee August 8, 2011)
26. Motion to approve road name change from McCain Way to McCann Way as requested
by 90% of the adjoining property owners. (Approved by Engineering Services Committee
August 8, 2011)
27. Motion to approve an addendum to the Solid Waste Collection Contract No. 06-001.
(Approved by Engineering Services Committee August 8, 2011)
28. Motion to approve purchasing extended full replacement warranties for the on-site
hypochlorite generation system electrodes and cells at the Highland Avenue Water
Treatment Plant and the James B. Messerly Water Pollution Control Plant. (Approved by
Engineering Services Committee August 8, 2011)
29. Motion to authorize the award and execution of a contract with Dewberry & Davis, Inc.
for the update to AUD’s Watershed Assessment and Source Water Protection Plan (RFQ
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#11-059) in the amount of $214,470. (Approved by Engineering Services Committee August
8, 2011)
PETITIONS AND COMMUNICATIONS
30. Motion to approve the minutes of the regular meeting of the Commission held August 2,
2011 and Legal Meeting held August 8, 2011.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign of voting.
Mr. Guilfoyle: Madam Clerk?
The Clerk: Yes, sir.
Mr. Guilfoyle: Would you show that number item number 18 I vote no for, please?
The Clerk: Yes, sir.
Mr. Hatney: Madam Clerk, I abstain on alcohol please.
The Clerk: That motion carries with Mr. Guilfoyle voting no on Item 18 and Dr. Hatney
abstaining on all alcohol petitions.
Mr. Hatney abstains.
Motion carries 9-1. [Item 5-7]
Mr. Guilfoyle votes No.
Motion carries 9-1. [Item 18]
Motion carries 10-0. [Items 2, 3, 5-17, 19-30]
Mr. Mayor: Thank you, ma’am. Now if we could move on to the pulled agenda items.
The Clerk:
PLANNING
1. A request for concurrence with the Augusta Planning Commission to approve a petition
to amend the Ordinance for Augusta, Georgia. The nature of these changes are not
substantive nor regulatory, but rather editorial to bring various sections of the Ordinances
into conformance with the correct name of Augusta, Georgia, to reassign responsibility and
authority as a result of the reorganization of Augusta’s government to the current
departments and positions, and for other purposes. Deferred from July 7, 2011 and
returned by the Augusta commission at the July 19, 2011 meeting. The ordinances in
question are as follows: Comprehensive Zoning Ordinance, Addressing Ordinance, Land
Subdivision Regulations, Site Plan Regulations, Stormwater Management Ordinance, Tree
Ordinance, Flood Damage Prevention Ordinance, Grading Ordinance, Soil Erosion and
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Sediment Control Ordinance, Groundwater Recharge Area Protection Ordinance, Water
Supply and Watershed Ordinance, Historic Preservation Ordinance.
Mr. Mayor: Commission Lockett, I believe this was your pull and we’ve got Mr. Patty
up here.
Mr. Lockett: Thank you, Mr. Chairman. Mr. Patty, when you look at this agenda item it
appears to be rather harmless. You say the nature of these changes are not substantive not
regulatory but rather editorial to bring various sections of ordinances into conformance with the
correct data and so forth. My question is it had about ten, eleven different attachments and I read
all of them and I also checked to see if there was a cost implication, there was no cost
implications. Is there any cost associated with this particular agenda item?
Mr. Patty: What this is, is you all have voted to implement the reorganization or the
organization of the new department Planning and Development Department coming from the
Licensing and Inspections Department and the Planning Commission. And because this is
different and that you’re terminating the existence of the Planning Commission and bringing it
over into city government we needed to make sure that that reorganization’s going to happen
before we dealt with several issues. One was the grants that now the grantee is the Planning
Commission and the grantee will have to be changed to the city. Another change are some
pension issues and finally all of these regulatory ordinances that you see listed here that provide
certain responsibility and authority to the Planning Commission a lot of that will come over to
the city. Those responsibilities will come over to the city and those nine ordinances I believe it
was had to simply have name changes where it said Planning Commission. Some of those
became City of Augusta. Also we had inconsistencies in the city’s name. We had Augusta
Richmond County cited in there in certain places. Some other minor editorial changes like that
that needed to be made but there are some substantive issues that probably need to be dealt with
in these zoning ordinances but we wanted to be sure and not make any of those at this time to
cloud the issues. So that’s what this is all about. There will be absolutely no cost associated
with this that I can think of.
Mr. Lockett: Mr. Chair, if I may I would like to indicate that because this is dealing with
the reorganization which I questioned its legality my vote on this will be no.
Mr. Mayor: Okay, thank you, sir.
Mr. Brigham: Call the question.
Mr. Mayor: There’s not been a motion yet.
Mr. Brigham: I make a motion we approve.
Mr. Mayor: Is there a second?
Mr. Jackson: Second.
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Mr. Mayor: Okay, motion and second. Okay, if there’s no further discussion
Commissioners will now vote by the usual sign of voting.
Mr. Johnson, Mr. Mason and Mr. Lockett vote No.
Mr. Hatney abstains.
Motion carries 6-3-1.
Mr. Mayor: Madam Clerk, let’s go on to the next pulled agenda item please.
The Clerk:
PLANNING
4. Motion to deny a New Ownership Application: A.N. 11-28: request by Urvesh Patel for
a retail package Liquor license to be used in connection with Nesha & Bansi, Inc. DBA
H&S Wine & Spirits located at 545 Sand Bar Ferry Rd. District 1. Super District 9.
(Approved by Public Services Committee August 8, 2011)
Mr. Brigham: I make a motion to allow the applicant to pull this item without recourse.
Mr. Bowles: Second.
Mr. Mayor: We have a motion and there’s a second to pull this item without recourse.
Do you mean to withdraw without prejudice?
Mr. Brigham: Withdrawn, have the item withdrawn ---
Mr. Mayor: Okay.
Mr. Brigham: --- without recourse.
Mr. Lockett: I have a question.
Mr. Mayor: Okay, we have a motion and second. Commissioner Lockett.
Mr. Lockett: I’d like to ask Mr. Patty. By doing this will you explain ---
The Clerk: Mr. Sherman.
Mr. Mayor: Mr. Sherman.
Mr. Lockett: I’m sorry.
Mr. Mason: Patty’s over the department, isn’t he? Who’s over the department?
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Mr. Lockett: Whoever wants to answer the question. What is this actually allowing him
to do? Is it allowing, giving him the opportunity to come back in one month with the same thing
all over again?
Mr. Sherman: Yes. The motion to approve him to withdraw without prejudice is just
that. He can come back anytime and reapply or anyone can for that location. If you deny it or if
it’s not a unanimous approval to allow him to withdraw it without prejudice he has to wait a year
before that location is eligible for an application.
Mr. Mayor: Okay.
Mr. Lockett: One other thing if I may. I cannot see the rationale. In committee we just
said no because of where he wants it to be located and so forth. So why would we put ourselves
in a position to have this person to come back again and with the similar thing 30 days from now
when I think we have things much more important to do.
Mr. Mayor: Okay. Commissioner Brigham.
Mr. Brigham: Mr. Mayor, I believe Mr. Sherman will tell us we have never denied or
haven’t denied in recent years any applicant that has asked to have a license withdrawn that I can
remember of in the last four to five years. And I don’t understand the difference between this
license and any other license. The other thing that I have a problem with, does this affect his
ability to get another license at a different location because we have denied a license. If I’m not
mistaken that is a provision of the ordinance.
Mr. Sherman: No, sir, it’s just this location.
Mr. Brigham: Just this location.
Mr. Mason: Mr. Mayor?
Mr. Brigham: But does it affect his ability to apply for licenses at other locations.
Mr. Sherman: Had he been, had his license been revoked for violating the ordinance then
yes it would have. But in this case he’s, it’s just for the location. It’s not ineligible. If you deny
it or deny him the withdrawal without prejudice the location is in essence is not good for a new
alcohol application for twelve months.
Mr. Brigham: But if we allow him to withdraw he can’t apply for an alcohol license in
this location anyway, right?
Mr. Sherman: Pardon me? I didn’t hear what you said.
Mr. Brigham: You said that he couldn’t apply for an alcohol license in this location even
if we allow him to withdraw it. If we deny it he can still apply in twelve months.
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Mr. Sherman: Right and ---
Mr. Brigham: And if he is allowed to withdraw he can apply in twelve months.
Mr. Sherman: Well, if you allow him to withdraw and the way the code is written it says
if you have unanimous approval to allow him to withdraw then the twelve months does not
apply.
Mr. Brigham: Okay, that’s fine. I’ll take that.
Mr. Mayor: So but just for clarification, Rob, so that’s effectively if we deny or we don’t
have unanimous approval to allow him to withdraw it’s the same result.
Mr. Sherman: Twelve months.
Mr. Mayor: Okay. Commissioner Mason.
Mr. Mason: Thank you Mr. Mayor. I’m going to do a substitute motion to deny
this application.
Mr. Mayor: Okay.
Mr. Lockett: Second.
Mr. Mayor: We have a substitute motion and a second to deny the application. If there’s
no further discussion Commissioners will now vote by the usual sign of voting.
Mr. Aitken, Mr. Bowles, Mr. Jackson and Mr. Brigham vote No.
Motion carries 6-4.
Mr. Mayor: Okay, Madam Clerk, on to the regular agenda Item number 31.
ADMINISTRATIVE SERVICES
31. Motion to approve New Application: A.N. 11-33: request by Mike M. Raeisghasem for
an on premise consumption Liquor, Beer & Wine license to be used in connection with the
Doris Building LLC DBA Tantra Lounge located at 930 Broad St. District 1. Super District
9. (No recommendation from the Public Services Committee in meeting August 8, 2011)
Mr. Sherman: This application was originally brought before you back in March. The
applicant advertised in the paper he posted a placard in the window for 30 days prior to the
hearing. And when he got to the Public Services Committee agenda we asked that you postpone
it. The reason is at that time and it still applies is that there’s some issues between the two
property owners. The owner of the J.B. White’s building and the owner of this location which
was part of the overall J.B White’s project. Those issues still are going on but what we also
found is that a new placard was not put up advertising this meeting. So technically a placard
should have gone up 30 days prior to this meeting giving the public notice. The reason that I’m
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asking you to postpone it is because we want to be in compliance with that regulation but
because I know that there’s still issues between the two property owners. And in the event that it
got approved those issues would escalate.
Mr. Mayor: Madam, did we have unanimous consent to postpone this one?
The Clerk: No.
Mr. Mayor: We didn’t, okay. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I’d like to move that we do postpone this for
thirty days in order to allow the applicant to post the revised placard.
Mr. Guilfoyle: I’ll second that.
Mr. Mayor: We have a motion and a second.
Mr. Russell: Will the thirty days put it in the cycle for you?
Mr. Sherman: Well, it may not. If we could put it at least thirty days and then we’ll
bring it back to you if they get it worked out.
Mr. Mayor: Okay.
Mr. Russell: My concern, Mr. Mayor, is that thirty days would not give us time to
advertise and bring it back.
Mr. Lockett: How much time do you need?
Mr. Russell: At least thirty days would work.
Mr. Lockett: Okay, I move that we maybe postpone for at least thirty days in order
to allow the applicant to post the revised placard.
Mr. Mayor: Thank you, Commissioner Lockett. We have a motion that’s been properly
seconded. If there’s no further discussion Commissioners will now vote by the usual sign of
voting.
Mr. Hatney abstains.
Motion carries 9-1.
OTHER BUSINESS
Motion to approve adjourning the meeting.
Mr. Brigham: Move we adjourn.
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Mr. Smith: Second.
Mr. Mayor: Okay, we have a motion to adjourn and a second. Mr. Attorney, it’s a non-
debatable motion. We have a motion and a second. Commissioners will now vote by the usual
sign of voting.
Mr. Mason: Oh yeah, you got to answer to the people someday though.
Mr. Lockett: That’s right.
Mr. Mason: You can adjourn today but you’re going to answer to the people someday.
Ms. Speaker: (unintelligible).
Mr. Brigham: Remove Ms. Peterson from the chambers, please.
Mr. Mason: The show’s over. He didn’t want to address the item once again.
Mr. Johnson, Mr. Lockett, and Mr. Guilfoyle vote No.
Mr. Bowles out.
Motion carries 6-3.
Mr. Mayor: 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
August 16, 2011.
______________________________
Clerk of Commission
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