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HomeMy WebLinkAboutRegular Commission Meeting September 20, 2011 REGULAR MEETING COMMISSION CHAMBER SEPTEMBER 20, 2011 Augusta Richmond County Commission convened at 5:00 p.m., September 20, 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 the Reverend Larry Fryer, Pastor, Hudson Memorial CME Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Thank you, sir, for that wonderful invocation. And could you please come forward I’ve got a little something for you. Once again thank you for the wonderful invocation. Office of the Mayor. By these present be it known that Minister Adolph Holland, Sharon Baptist Church is Chaplain of the Day for his civic and spiritual guidance. Demonstrated throughout the th community serves as an example for all of the faith community. Given under my hand this 20 Day of September 2011. Deke Copenhaver, Mayor. Thank you, sir. (APPLAUSE). Mr. Mayor: Madam Clerk, if we could go on to the recognitions. The Clerk: RECOGNITIONS A. Mr. Robert Price, August 2011 Employee of the Month, Skilled Maintenance, Recreation, Parks & Facilities Department. The Clerk: While Mr. Johnson is coming. Dear Mayor Copenhaver. The Employee Recognition Committee has selected Robert Price as the August 2011 Employee of the Month for the City of Augusta. Robert Price is employed as a Skilled Maintenance worker with Recreation, Parks and Facilities. He has been employed with the City of Augusta over three years. Mr. Price was nominated by Mark Larimer with the Recreation, Parks and Facilities. Mr. Price has stepped up his responsibilities since the transition of a pervious supervisor transferring to the new Judicial Center. He goes above and beyond with the day to day responsibilities of the operation of the Municipal Building. He has assisted with cross training employees and has helped in moving and transitioning to the Judicial Center. Mr. Price is effective in daily operations and concerns of safety and employees and staff. He’s always thinking of a better and more efficient way of problem solving and accomplishing the workload for the maintenance of the Municipal Building. The Employee Recognition Committee felt that based on this nomination and Mr. Price’s dedicated and loyal service to the City of Augusta would you please join us in awarding him the August 2011 Employee of the Month. (APPLAUSE) Mr. Mayor: And, Robert, I just want to say to you and all the guys these are the guys I get advice on how to do stuff in my own yard. They are good and I know how hard y’all work. 1 And this is extremely well deserved. So thank y’all for all that you do. September 20, 2011. Augusta 2011 Employee of the Month Mr. Robert Price, Augusta Recreation Parks and Facilities. Dear Mr. Price. On behalf of the City of Augusta it is with great pleasure that I congratulate you for being recognized as the Employee of the Month for August 2011. You’re contribution to your organization Augusta Richmond County Government and the Citizens of Augusta has earned you this recognition. I appreciate your willingness to go above and beyond the call of duty and your outstanding work ethic. You are truly and asset to the Augusta Richmond County Recreation parks and Facilities Department and the citizens of Augusta Georgia. Please accept my personal congratulations on this wonderful award. You are truly deserving of this recognition. Sincerely yours, Deke Copenhaver, Mayor. (APPLAUSE) Mr. Johnson: He’s kind of shy. When I was mentioning to Sarah Hudson about Robert Price getting the award she goes, Robert? And then when I said Price she said, “oh, Bob the Builder.” So that says a little bit about him. He’s already got his own nickname down here. But Robert is just an example of the many great workers we’ve got out here with the city and especially with our department. We’re proud of all of them. Proud of you, Robert, for all that you do. Thank you a lot. (APPLAUSE) Mr. Mayor: Madam Clerk on to the consent agenda, please, ma’am. The Clerk: Yes, sir. Our consent agenda consists of items 1-20, items 1-20. 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 you attention to: Item 3: Is a request for a Special Exception to establish a Family Personal Care Home located at 2342 Dorn Road. Item 4: Is a request for a change of zoning from a R-1C (One-family Residential) and an R-2 (Two-family Residential) affecting property known as 921 and 923 Wrightsboro Road. Item 5: Is for a change of zoning from a Zone A (Agriculture) and Zone HI (Heavy Industry) to Zone HI affecting property at 1126 Horseshoe Road. Item 6: Is a request for a change of zoning from a P-1 (Professional) to a Zone B-1 (Neighborhood Business) affecting property located at 3644 Walton Way Extension. 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 when the petition is read. I call your attention to: Item 7: Is a request for an on premise consumption Liquor, Beer & Wine license to be th used in connection with Greene Street located at 4022 11 Street. Item 8: Is a retail package Beer & Wine license to be used in connection with the SAI RAM APPO, LLC located at 2161 Gordon Highway. Item 9: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with the Blue Topper Supper Club located at 1241 Steiner Avenue. 2 Item 10: Is for a retail package Beer & Wine license to be used in connection with Costco Wholesale located at 825 Alexander Drive. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Mr. Mayor, Commission, our consent agenda consists of items 1-20 with no objectors to our alcohol or planning petitions. Mr. Mayor: Yes, sir, Commissioner Lockett. Mr. Lockett: Mr. Chairman, on agenda item number three if I may I would like to see whether or not Ms. Taylor or Mr. Burgess is in house? Mr. Mayor: We have not gone to number three yet, Commissioner Lockett. I was going to go to see if we had any items run through the standard procedure. First off there are many items to add to the consent but do we have any? Okay, hearing --- Mr. Brigham: --- deviated to the agenda, Mr. Mayor. Mr. Mayor: I see that, Commissioner Brigham, and I will do we have, we do have one addition to the agenda and do we have unanimous consent to add that agenda item? Okay. Okay do we have any items to be pulled for discussion? Commissioner Johnson. Mr. Johnson: Thank you, item number eleven, please. Mr. Mayor: Commissioner Lockett. Mr. Lockett: I just wanted to ask if either Ms. Taylor or Mr. Burgess. I had a couple of questions I wanted to ask them. I didn’t really want to pull the item, I just had a couple of questions I wanted answered. Mr. Mayor: Okay. Is there anybody here to speak to agenda item number three? The Clerk: Ms. Ellen Taylor or Mr. Joe Burgess regarding a Special Exception for the Family Care Home at 2342 Dorn Road. Are you in the Chamber? Mr. Lockett: Mr. Chairman, if they’re not, I can take care of it later. Mr. Mayor: Okay, thank you, sir. Okay, are there any further items to be pulled? Mr. MacKenzie. Mr. MacKenzie: (inaudible). Mr. Mayor: Okay, Commissioner Brigham. 3 Mr. Brigham: Mr. Mayor, I’ve been asked to pull item 14 and refer it back to Committee. Mr. Mayor: Commissioner Bowles. Mr. Bowles: I’d like to pull item 16, Mr. Mayor. Mr. Mayor: Are there any further items to be pulled from the consent agenda? Hearing none, could I get a motion to approve the consent agenda? Mr. Mason: So moved. Mr. Johnson: Second. Mr. Mayor: Madam Clerk? The Clerk: Are we adding the addendum to the consent. Did we do that? Mr. Mason: Yes. The Clerk: Okay, that’s what I need clarification on. CONSENT AGENDA PLANNING 1. A request for concurrence with the Augusta Georgia Planning Commission to approve the naming of a new road located within the Augusta Regional Airport “General Perry Smith Parkway”. 2. FINAL PLAT – STONECREEK – S-811 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Southern Partners, on behalf of Crowell & Co. Inc., requesting final plat approval for Stonecreek Subdivision. This residential subdivision is located on Dennis Road, east of Parker Street and contains 17 lots. 3. Z-11-34 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Ellen Taylor, on behalf of Joe Burgess, Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .46 acres and is known under the present numbering system as 2324 Dorn Road. (Tax map 070-3-035-01) DISTRICT 5 4. Z-11-36 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by APD, on behalf of Augusta Georgia Land Bank Authority, requesting a change of zoning from R-1C (One-family Residential) and R-2 (Two-family Residential) to PUD (Planned Unit Development) affecting property listed below located in DISTRICT 1: Tract A – This tract contains .28 acres and is known as 930, 932, 936 and 938 Boyd Lane. (Tax Map 059-2-757-00-0, 059-2-758-00-0, 059-2-759-00-0 & 059-2-760-00-0) Tract B – This property contains .03 acres and is known as 945 Boyd Lane. (Tax Map 059-2-710-00-0) Tract C – This property contains .07 acres and is known as 949 Wrightsboro Road. (Tax 4 Map 059-2-569-00-0) Tract D – this property contains .26 acres and is known as 943 and 945 Wrightsboro Road. (Tax Map 059-2-566-00-0 & 059-2-567-00-0) Tract E – This property contains .28 acres and is known as 921 and 923 Wrightsboro Road. (Tax map 059- 2-561-00-0 & 059-2-562-00-0) 5. Z-11-38 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the condition that a 400 foot natural buffer be maintained along the property line adjacent to those properties located in Lewis Acres Subdivision; a petition by Walter Sprouse, on behalf of the Development Authority of Richmond County; requesting a change of zoning from Zone A (Agriculture) and Zone HI (Heavy Industry) to Zone HI affecting property containing approximately 286 acres and is known as 1126 Horseshoe Road. (Tax Map 323-0-039-03-0) DISTRICT 8 6. Z-11-39 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by G.W.G Gold Buyers, on behalf of Bernard Dunstan et al, requesting a change of zoning from Zone P-1 (Professional) to Zone B-1 (Neighborhood Business) affecting property containing .39 acres and is known as 3644 Walton Way Extension. (Tax Map 023-0-006-00-0) DISTRICT 3 PUBLIC SERVICES 7. Motion to approve New Ownership Application: A.N. 11-38: request by Devin Green for an on premise consumption Liquor, Beer & Wine license to be used in connection with th Greene Streets located at 402 11 St. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee September 12, 2011) 8. Motion to approve New Ownership Application: A.N. 11-39: request by Anupama Rama for a retail package Beer & Wine license to be used in connection with SAI RAM APPO, LLC located at 2161 Gordon Hwy. District 5. Super District 9. (Approved by Public Services Committee September 12, 2011) 9. Motion to approve New Application A.N. 11-40: a request by Walter Sims for an on premise consumption Liquor, Beer & Wine license to be used in connection with Blue Top Supper Club located at 1241 Steiner Ave. There will be Dance. District 2. Super District 9. (Approved by Public Services Committee September 12, 2011) 10. Motion to approve New Application: A.N. 11-41: request by Julie Cruz for a retail package Beer & Wine license to be used in connection with Costco Wholesale Corporation DBA Costco Wholesale #1102 located at 825 Alexander Drive. District 7. Super District 10. (Approved by Public Services Committee September 12, 2011) 12. Motion to approve the final amendment to the 2011 Cooperative Agreement and to approve the 2012 Cooperative Agreement with CSRA Regional Commission for senior nutrition services for Augusta-Richmond County. (Approved by Public Services Committee September 12, 2011) PUBLIC SAFETY 13. Motion to approve Master Agreement and a two year contract extension for city Centrex services. (Approved by Public Safety Committee September 12, 2011) FINANCE 14. Motion to approve entering into a contract with the necessary modifications as to the form (which will be available at the Commission meeting) with Sapelo Asset Recovery 5 Service, the only qualified proposer, as agent for the City to acquire certain unclaimed funds held by the State of Georgia and other entities. (Approved by Finance Committee September 12, 2011) ENGINEERING SERVICES 15. Motion to approve change order to the existing design contract with Cranston Engineering Group for additional engineering services in the amount of $118,407.50 for the Fort Gordon Raw Water Distribution and Irrigation System. (Approved by Engineering Services Committee September 12, 2011) 17. Motion to deny a Bid protest by Berry Smith Sanitation. (Approved by Engineering Services Committee September 12, 2011) 18. 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, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement(s) to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. (Approved by Engineering Services Committee September 12, 2011) 19. Motion to determine that a portion of Young Street, as shown on the attached plat and consisting of 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, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. (Approved by Engineering Services Committee September 12, 2011) PETITIONS AND COMMUNICATIONS 20. Motion to approve the minutes of the regular meeting of the commission held September 6, 2011 and Legal Meeting held September 12, 2011. ADDENDUM 22. FINAL PLAT – WILLHAVEN, PHASE 3, SECTION 1-S-822-1 – A request for concurrence with the Augusta Georgia Planning commission to APPROVE a petition by John Brewer and Associates, on behalf of Brent Holdings, LLC, requesting final plat approval for Willhaven, Phase 3, Section 1. This residential subdivision is located in Willhaven Subdivision and contains 14 lots. (Reviewing agencies approval 9-19-2011) Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Commissioner Hatney. 6 The Clerk: That motion carries with Mr. Aitken out. Mr. Hatney: And Mr. Hatney abstaining on alcohol. The Clerk: Okay, that motion carries with Mr. Aitken and Dr. Hatney abstaining on the alcohol petitions. Mr. Aitken out. Mr. Hatney abstains. [Items 7-10] Motion carries 9-0. [Items 1-6, 12-15, 17-20, 22] Mr. Mayor: Thank you, ma’am. If we could go to the first agenda item pulled first, please, ma’am. The Clerk: PUBLIC SERVICES 11. Motion to approve the Lease Agreement for the Augusta Municipal Golf Course (“The Patch”). (Approved by Public Services Committee September 12, 2011) Mr. Mayor: Mr. Beck. Mr. Beck: Mr. Mayor, members of the Commission based on some of the discussion last week regarding the water rates we wanted to make sure that that issue was addressed in the lease and we have done so. And we have negotiated with the Lessee in this case for flat rate water and the Clerk is handing out the ad to the lease which is 9.06. It’s on the screen also to address water rates and it simply says, the Lessee shall pay a flat monthly rate for irrigation system water to the lessor through the Augusta Utilities Department in the amount of $275.00 per month. All other water and sewer use will be metered and billed at the standard commercial rate which means all the water from the clubhouse plus the maintenance building, the rest rooms on the course, all of the water will be metered normally. So we did want to address that in the lease and we wanted to make sure that you were aware of that before you made the vote today. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. Tom I spoke with you earlier in regards to this contract here and of course you explained to me at the time you were unable to negotiate any I guess set fee as far as what they were going to, well put it this way a bottom out price that they would charge as far as the fees and things like that goes. I know the guy mentioned yesterday in regards to I think the membership fees would probably be a little bit more feasible but we don’t have a cap if you will on what he can charge without coming before the Commission. And I had some concern about that because I understand there’s some things that they’re going to have to do. But at the same time I understand the wellness program he was not willing to join into this contract and that’s his option to do that or not. But if we’re going to negotiate a rate of $275.00 on the water I think there’s should’ve been some room in there to work out some other things. 7 And I just didn’t see that overall with this so me personally I can’t support it at this time. I thought that we’d probably be able to do a little bit more as far as partnering with some of the other things that we have been doing from the city’s perspective because I don’t really want it to get so far that the private aspect of it becomes overwhelmed in the public and the public can’t take advantage of those you know the public facility that we want, what it’s known for. So but you don’t have any other information at this point? Mr. Beck: No, the only response to that would be and I think this came up last week that we felt like in the lease that we could not address rates. That rates would actually be addressed by the market itself. And so that was the approach that we made and did not address rates in the lease, did not think that that would be and equitable way to negotiate that. As far as the wellness program I don’t think they’re ruling that out it’s just at this time they don’t want to have it as a part of the lease. I think there is room to negotiate that once they get in and see the potential benefits. But at this time they just felt like they didn’t want to enter into any agreement. Mr. Johnson: And I can respect that. Thank you, Mr. Mayor. Mr. Mayor: Thank you Commissioner Johnson. Commissioner Mason. Mr. Mason: Um, is this, is this uh, that 275, that’s raw water, right? Mr. Beck: No, that’s clean water. Mr. Mason: Clean, filtered, the whole deal. Now right, now we heard from First Tee last week or so that they’d been paying somewhere 4,000, 5,000 a month for water. This 275 although it’s better than 143 at the end of the day it’s a bad deal in my mind. We’ve already given away thousands maybe millions over time with the other deals that’s going on around here. I’m not sure how we can do that if we’re, you know, in the deficits that we’re in. Can you tell or can somebody tell me how many gallons of water irrigated water that is utilized on an average day out there at The Patch? Somebody’s got to have that information certainly. Mr. Beck: I don’t have that information. I can get it. Maybe Mr. Wiedmeier’s got that. Mr. Mayor: Mr. Wiedmeir. Mr. Wiedmeier: I apologize I don’t have those numbers with me but I, they’re more than what First Tee’s been using. Mr. Mason: That would be pretty substantial. Mr. Wiedmeier: Yes. Mr. Mason: Okay. Mr. Mayor: Okay. Commissioner Guilfoyle. 8 Mr. Guilfoyle: Thank you, Mr. Chairman. Tom, I actually had brought this up to our Attorney the clause where it’s convenient to terminate a clause in there. Where is that at? Mr. Mayor: Mr. MacKenzie? Mr. MacKenzie: Sure, there’s no convenience termination clause in this agreement. What it does have in it is there’s termination for default and that was part of the RFQ that was put together I guess to optimize the opportunity for potential bidders to bid on the project. So that clause is not in this contract. Mr. Mayor: Okay. Mr. Guilfoyle: As far as that when we spoke about it this past week you said you would look into it and I’m pretty sure you were going to implement it into this contract. Now that’s to cover us people, the citizens of Augusta. Is that correct? Mr. MacKenzie: Part of the reason it wasn’t implemented originally was because it was not part of the RFQ. Typically I believe the part of that process was to be all inclusive with regard to the number of potential bidders. And this would minimize the risk to bidders because it would not be putting them in a position where they would have a substantial amount of resources they made them put into it and then we could terminate for any reason with a 60-day notice provision. So it was not part of the RFQ process so it would be appropriate for us to add it afterwards unless the other party agreed to it. Mr. Guilfoyle: Raising the water rates on them was not part of their RFQ as well. Mr. Wiedmeier: Right. Mr. Guilfoyle: Have we inquired with the owner of The Patch about the convenience terminate clause sir? Mr. Wiedmeier: I haven’t done that, Tom. Mr. Mayor: Okay, Commissioner Hatney. Mr. Hatney: Mr. Beck, thank you, Mr. Mayor. I think you mentioned that even though the, that was not a part of the contract there would be room for negotiations outside the contract. But according to what was mentioned by the individual that we’re speaking of he said that you can’t have your cake and eat it too. That’s what he said according to his TV appearance. I doubt very seriously there’s going to be any outside negotiation on that. Mr. Mayor: Okay, gentlemen, Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. You know it seems like over the past ten years The Patch has been set up to fail. There was a commission meeting on September 5, ’06 a couple of my colleagues were on the Commission at that time. This was when the Recreation 9 Department was going to transfer $35,000.00 from a fund they had to pay for part time th employees. And the rationale was they said as of August the 10 of ’06 we have spent $54,215.00 on water for The Patch. And they said in order for us to make it through the remainder of the year we’re going to need an additional $35,000.00. And several Commissioners were extremely upset because of this. Now this happened and within a week later the director of utilities put out a letter stating that The Patch would only have to pay $143.00 a month. Now you all have known for some time and during that meeting in September it was said that we are sick and tired of supporting The Patch. We’re having to pay 60-100 thousand dollars a year. We’re having to subsidize them. But if you look at the water rate they were paying if they would not have had to pay that exorbitant rate for water they would’ve been breaking even. You know and I cannot understand how people of good conscience can let The First Tee and let The Patch pay that ridiculous amount for water when you have Forest Hills, you have Augusta Country Club and others paying nothing. It doesn’t make sense. And I think one other thing we need to make sure that we understand I think the past LLC thinks they are buying The Patch because they’ve already changed the name. We’re not selling it to them and I think what we are doing are really giving them a heck of a subsidy in order to get $1,000.00 a month in return. Mr. Mayor: Okay. Mr. Lockett: I think that’s a bad deal. Thank you, Mr. Chairman. Mr. Mayor: Thank you, Commissioner. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. Being one of those members of the Commission up here in 2006 we voted to lower the rates for the Municipal Golf Course so it would be $143.00 a month so they wouldn’t lose 170/200,000 a year. And it did cut the loss down to about 160,000 dollars a year. We’ve tried everything to salvage The Patch and now I hear people saying we need to raise the rates because somebody else is going to run it. All that’s going to do in terms is raise the rates on the people playing golf there. If we want to keep this a public golf course and affordable let’s keep it a level playing field for the people running the golf course to try to do that. And let’s take the burden off our taxpayers of 200,000 just because we have 95-200 members of The Patch golf course. This is a golf community but it doesn’t mean that everybody in Augusta plays golf. We need to make it a level playing field and this is going to save out tax payers $160,000.00 a year and this is the best deal we’ve had. And we can keep saying we need to work wait more time, more time more time and look at this and look at that. It’s time to move We’ve been doing that for five years since I’ve been on this Commission. forward and I make a motion we approve this contract. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Johnson, Mr. Mason, Mr. Lockett and Mr. Hatney vote No. Motion carries 6-4. 10 Mr. Mayor: Thank you, ma’am, next pulled agenda item, please, Madam Clerk. The Clerk: ENGINEERING SERVICES 16. Motion to approve the negotiation and execution of month to month contract extensions to the current Solid Waste Collections Contracts. (Approved by Engineering Services Committee September 12, 2011) Mr. Mayor: Commissioner Bowles, I believe this was your pull. Mr. Bowles: Mr. Johnson, what is the time line of this month to month? How far do we expect to go into the future? Mr. Hatney: Maybe we need to ask the Administrator? Mr. Bowles: It’s simple question. Mr. Johnson: It’s as short as feasibly possible. Our intent is not to drag this out. But st what situation we found ourselves in is our current contract expires as of December 31. In our current contract there is no provision for month to month extensions. There is by mutual agreement a one-year extension. So if we want to do anything other than that we need some latitude to go back and negotiate with our haulers to get that done. So that’s where we are. So it’s as efficient as possible to get through our next contract. We have a current bid protest that we’ve got to clear before we can even consider opening the bids. So we’re kind of at a stalemate and we’re in September. I have three months to have a plan of action. Mr. Bowles: Motion to approve. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Mason and Mr. Hatney vote No. Mr. Lockett out. Motion carries 7-2. Mr. Mayor: Okay, Madam Clerk, on to the regular agenda, please, ma’am. The Clerk: PLANNING 21. Z-11-35 – A request for concurrence with the Augusta Georgia Planning Commission to approve modification of condition #1 of Z-93-57 to read that existing parking and 11 ingress/egress configuration of the rear of the property shall be retained; a petition by Jud C. Hickey Center for Alzheimer’s Care requesting to modify part of the conditions from a 1993 zoning case (Z-93-57) relating to off-street parking for an adult day care center affecting property containing .20 acres and is known under the present numbering system as 1901 Central Avenue. (Tax Map 045-3-027-00-0) DISTRICT 1 Mr. Mayor: Mr. DeCamp. Mr. DeCamp: Mr. Mayor, members of the Commission, this is a request by the Jud Hickey Center for Alzheimer’s Care located at 1901 Central Avenue, the corner of Baker Avenue. A little background. In 1993 a Special Exception was approved for the Alzheimer’s Care Center at this location with two conditions. That a site plan showing proper parking and ingress and egress in the rear yard be approved by the executive director of the Planning Commission before occupancy. And secondly that the use of the daycare center be limited to persons diagnosed with Alzheimer’s disease. The petitioner of the center is requesting a modification of that first condition to remove the requirement for off street parking but to retain the ingress/egress configuration that they actually did build on the property. Mr. Mayor: What’s the recommendation of the Planning and Zoning Commission? Mr. DeCamp: Planning and Zoning recommended approval with the condition as stated in the agenda item to modify that condition #1 of the original zoning case to read that the existing parking ingress/egress at the rear of the property shall be retained as it is now. Mr. Mayor: Okay, as with, do we have any objectors to this in attendance? Mr. Russell: If we could get the objectors to raise their hands. Is there a spokesperson for that? Mr. Brigham: One objector noted. Mr. Mayor: Okay, and if you could state your name and address for the record, please, sir and keep it to five minutes. Mr. Fergus: My name is Carl Fergus. I live at 909 Georgia Avenue. I actually own the property directly behind the Hickey Center at 1906 McDowell Street and because of the employee parking situation on the street results in me having cars parked all the way down the side of my house everyday and in front. And we look at it one issue is it was a safety problem because pulling out of our driveway when you’ve got these cars parked down McDowell coming down Baker you can’t hardly see to pull out of the driveway. And with McDowell Street right there at the corner too McDowell Street residents have also complained about the same thing. Now when I was here at the Planning Commission meeting I brought a petition and gave it to all the planning commissioners that had the signatures of seven residents on McDowell Street, seven in addition to me that are property owners and residents that have a problem with this, with these employees parking on McDowell and Baker. Problems with driveways being blocked, trash cans couldn’t be picked up and really was just looking for them to go with the original zoning 12 ordinance that was given to the Hickey Center that they provide and off street parking, the same as they would for any other adult daycare center. Because I’ve seen the regulations for adult daycare centers in Richmond County and it requires an off street parking plan which is what they were told to do before they started it. Now I’m a recent owner of this property and I’m having you know these issues. I’ve also talked with two realtors that have property for sale right there within just a few houses that say this is causing them some problems for selling their property. So I feel like it’s affecting property values as well. I know that when I did bring the petition that was signed by these residents like I said there was eight signatures that I had of people that had an issue. Now the Hickey Center had 24 people in favor of them which I’m favor of the Hickey Center but none of those 24 people live on McDowell Street or Baker Avenue so they were not affected by this parking issue at all. And I was just asking, I would ask you the same as I asked the Commission to just provide this you know this parking requirement that was part of the ordinance. At the very least in my situation Mr. Patty did mention that he could look at some you know possibly some additional yellow striping down the curb on Baker and you know on my property that would be you know be a help and probably help some of the people who are pulling into Baker Avenue. But as far as the issues they have with the blocked driveways and that sort of thing you know that’s another situation but they are you know they are residents of District 1 and Mr. Aitken was, you know, at the Planning Commission meeting so they were looking for some support there. Mr. Mayor: Okay, thank you, sir. And I know that we do have a number of people here that are here to support this request so if we could get a show of hands for those as well. (33 supporters noted) Mr. Brigham: Motion to approve. Mr. Hatney: Second. Mr. Fergus: May I ask again how many might raise their hands who live on McDowell Street or own property on McDowell Street who are in favor? Mr. Mayor: No, sir, that’s, we don’t. Mr. Fergus: Because I really think --- Mr. Mayor: Yes, sir, well, thank you. Mr. Bowles: Mr. Mayor --- Mr. Mayor: We have a motion --- Mr. Bowles: --- for the record I’d like to state that Georgia Avenue where this man resides is North Augusta, South Carolina which he chose to omit. Mr. Mayor: Okay, we have a motion and a second. Commissioner Johnson. 13 Mr. Johnson: Thank you, Mr. Mayor. I know he mentioned as far as the yellow curb goes is it anything in particular that’s stopping it from being extended. I mean because Baker Street I understand is no parking on Baker Street. Correct? Mr. DeCamp: I had a call, I have a call into the traffic engineer in regard to that. It looks like at some point in time between McDowell and Central that there was yellow curbing. And I don’t know if it’s just worn away --- Mr. Johnson: Okay. Mr. DeCamp: --- but we’ll certainly follow up on that. Mr. Johnson: Yeah, I was wondering because I know Baker Street is already tight --- Mr. Decamp: Right. Mr. Johnson: --- so to try to have curb parking it’s got to be quite difficult to have it there so you might want to check and find out. Mr. Russell: It looks like there’s some that’s been there. Mr. Johnson: Right. Mr. Russell: We’ll take a look --- Mr. Johnson: Right okay. Thank you, Mr. Mayor. Mr. Mayor: We have a motion that’s been properly seconded and the question’s been called for. The commission will now vote by the usual sign of voting. Mr. Lockett out. Motion carries 9-0. Mr. Mayor: Gentlemen, the Attorney has stated we have no need for a Legal Meeting. And thank you all for your participation in the meeting. With no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission 14 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 September 20, 2011. ______________________________ Clerk of Commission 15