HomeMy WebLinkAboutRegular Commission Meeting November 15, 2011
REGULAR MEETING COMMISSION CHAMBER
NOVEMBER 15, 2011
Augusta Richmond County Commission convened at 5:00 p.m., November 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 the Reverend Larry Fryer, Senior Pastor, Hudson Memorial
CME Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Rev, thank you for that right on invocation my friend. Madam Clerk, on to
presentations.
The Clerk:
PRESENTATION(S)
A. Ms. Brenda Durant, Executive Director RE: Arts in the Heart and the City’s
Regranting Funds.
Ms. Durant: Thank you. I’m Brenda Durant. I am the Executive Director of the Greater
Augusta Arts Council. We come this evening with two reports. One on Arts in the Heart and
one on City Regranting. Mike Sleeper, Vice President of my board and Chair of the Regranting
Committee, is here to talk about the regranting this year.
Mr. Mayor: And five minutes, please?
Mr. Sleeper: Mayor Copenhaver and members of the Commission, thank you very much.
You graciously allocated $75,000.00 for regranting this year. I chair a committee of seven
individuals who collectively spend in excess of 250 hours interviewing, researching and
discussing the best way to allocate these grant funds. Seventeen organizations requested
$142,000.00. Obviously we had to make some decisions. These organizations that you can find
a full report in your folder that was passed out to you. There’s a pamphlet there discussing all
organizations and their impact. But in the end we disbursed 100% of the funds to fifteen
organizations and your expenditures will have a real impact on the young and old and all
mediums in the county. Thank you.
Ms. Durant: For Arts in Heart of Augusta I’m here to say thank you. Thank you for your
vision, thank you for your cooperation. As you know in the past few years we’ve had some
difficulties staging the festival with the work that was being done on Reynolds Street. As much
as we embrace the progress it was tough on us logistically. So we did get permission this year to
stage the event on Broad Street. We closed from Seventh to Tenth for three days of the festival
and a day in advance to set it up. It was an amazing success. I gave you a very quick report and
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the information in the official guide to the festival we hope to return every year. We feel very
much like Goldilocks when she visited the three bear’s house. She sat in one chair and it didn’t
feel right, sat in another chair and it was too small and this year we sat in the chair that felt
perfect. And so we hope to remain there. Thank you very much. We felt on Friday night for
those of you who were there the feeling of being in a city that was bubbling and alive as far as
you could see people were out, the store owners were out it was just a wonderful event. So I’m
here to say thank you.
Mr. Mayor: Brenda, I just want to say thank you to the Arts Council. And I’ve received
nothing but positive feedback about closing Broad Street. I know sometimes people have issues
with closing streets but I think that stands as proof positive of what can be accomplished when
we work together towards this. And I know the Arts are such an economic driving engine for the
city. So thank you to you and everybody from the council.
Mr. Guilfoyle: Mr. Mayor?
Mr. Mayor: Wayne?
Mr. Guilfoyle: I’d also like to thank Brenda Durant and Mike Sleeper for coming here
representing the Arts Council. I express very much thanks for letting me be a part of y’alls
organization. And I would challenge anybody if they want to be a part of a good group join the
Arts Council and support them.
Ms. Durant: Thank you.
Mr. Mayor: Thank y’all. Madam Clerk, next item.
The Clerk:
RECOGNITIONS(S)
B. Mr. Bruce Allen Flanagan, Superintendent Augusta Utilities Department October 2011
Employee of the Month.
The Clerk: Our next item is our recognition of our employee of the month. We ask Mr.
Bruce Allen Flanagan who’s the Superintendent with the Augusta Utilities Department to please
join the Mayor. Mr. Mason would you like to come down and Mr. Weidmeir, Mr. Saxon any
other members of the Augusta Utilities Department who would like to share in this recognition
please feel free to join. Dear Mayor Copenhaver. The Employee Recognition Committee has
selected Allen Flanagan as the October 2011 Employee of the Month for the City of Augusta.
Allen Flanagan is employed as a Superintendent 1 with the Utilities Department. He’s been
employed with the city for over 13 years. Mr. Flanagan was nominated by Randy Blount with
the Utilities Department. Allen has effectively aided in the synchronizing of ground water and
surface water making the combination of the two areas to run seamlessly. He performs his duties
and commitment versus compliance in doing what’s best for the department. He has led the
safety team that has helped secure the Max Hicks Water Treatment Plant’s place on the
Georgia’s Association of Water Professionals 2011 Plant of the Year. His internal motivation
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and dedication ensures smooth transition to merge duties and results in high levels of
performance. The Employee Recognition Committee felt that based on this nomination and
Allen Flanagan’s dedicated and loyal service to the City of Augusta they would appreciate you in
joining us in awarding him the October 2011 Employee of the Month Award. Congratulations.
(APPLAUSE)
Mr. Mayor: We have a couple more things for you. Dear Mr. Flanagan. 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 October 2011. Your contribution to your organization and 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 an asset to the Augusta Richmond County Utilities 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.
Here we go. A couple more little things for you.
(APPLAUSE)
Mr. Flanagan: Here we go. Thank everybody. I’d like to thank Randy, you know, it’s
an honor. Individual awards are tough to take and I’d like for all of y’all that really, it’s not just
me, it’s all of Utilities that should get this award. It should be six feet tall with 235 names on it.
So really from Tom Wiedmeier all the way down to the guy that puts the shovel in the dirt at
2:00 o’clock in the morning when a water main’s busted so I’d like for y’all to give them a hand
and thank you very much.
(APPLAUSE)
Mr. Mason: Mr. Flanagan, as Chairman of the Engineering Services Committee which
Utilities falls upon me, I want to congratulate you on this great honor. I’ve been out to speak
with you guys and others within the Utilities Department. I clearly understand some of the
dynamic issues that you have out there and you’re excelling in spite of. So for that I want to say
thank you, I want to say congratulations for what you do realizing that you’re a team player I
think you said it best. It should be 6-foot tall with 235 names. I want to thank the Utilities
Department, Tom and your staff as well for this recommendation is well deserved. Thank you.
(APPLAUSE)
Mr. Wiedmeier: I would just like to reiterate what Allen said. His work which he does a
great job he was instrumental in us securing the 2011 Plant of the Year Award. But his work is
reflective of what the whole department does. And I appreciate it, you make us look good, you
make the city look good. Thank you.
(APPLAUSE)
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Mr. Mayor: Madam Clerk, on to the delegations. And if everybody could keep them to
five minutes, please, out of fairness to everybody else’s time. Thank you so much.
DELEGATIONS
E. Mr. Tommy A. Lee RE: “Save Our Lakes Now”
The Clerk: Mr. Mayor, Mr. Gray has asked that his item be rescheduled. I’m sorry Mr.
Mathis, no Mr. Lee. Mr. Lee “Save Our Lakes Now” has asked that his item be rescheduled to
the next meeting. So we’ll ask Mr. Al M. Gray, President of Cost Recovery Works regarding the
Laney-Walker Overlay.
DELEGATIONS
C. Mr. Al M. Gray, President, Cost Recovery Works, Inc. RE: Laney-Walker Overlay.
Mr. Gray: Mayor Copenhaver and gentlemen, Commissioners, I’d like to thank you for
hearing me in opposition to this overlay and zoning proceeding tonight. You might question
why someone from so far away would show such intense interest in this proceeding. Well the
fortunes of all who reside in this overall area rest of the wisdom of the decisions you all make.
And I have roots in your county that date back to the earliest decades of Palmira, Georgia. Back
in the 1800’s an ancestor was Sheriff of Richmond County. Then there’s the matter of duty. I
know the Planning and Zoning Commission has voted to approve land use restrictions in a very
small W-4 foundry node to which sufficient notice was given to residents. Yet the un-amended
application which seems to govern everything throughout and which all of these proceedings are
based still clearly refers to the Laney Walker/Bethlehem overlay zone a very large area in which
notice has not been afforded to most of the residents. Up until this agenda listing and including
this agenda listing tonight references have been to the Laney Walker nomenclature which means
that this could be seen as a portent back door effort to usher in the greater zone without meeting
your own requirements in terms of notification of the residents and other matters. Even the
narrower motion for the W-4 district is deficient is the timing of notice and completeness of
application. Ample documentation in terms of video exists of all these things. Design standards
are totally missing to be divided later. You Master Overlay Ordinance requires that they be
complete, the application be complete. I brought with me a map that shows I don’t know if it’s
included in anything that you’ve got but it shows all these other nodes. And this is included with
the original application provide during the informational meetings and prominently displayed in
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the October 18 presentation. It shows a total of thirteen nodes like the one you’re talking about
tonight and the overall node. And this is the overall node. This is the Laney Walker district the
overall big map. Have you seen it? If proponents wish to bring the Laney Walker Overlay into
birth on a piecemeal basis something that’s not allowed by your ordinance by the way won’t you
have to have 26 meetings like this? Isn’t it better to do it all right and completely all at once
which is envisioned by your Master Ordinance? Are you like the public being kept in the dark
and fed manure? Look at this map. What is the significance of all these color coded zones?
What would it mean to a property owner to be located to one next to one of these zones? If
mixed uses are the objective as stated what are the standards for the incremental transition
between different uses within that node? And how are they going to be applied to the white
areas? In the nodes, does anybody know? We have a crisis of epic proportions it’s fueling and
morphing and expanding occupied movement, routed in epic failure of government. 18,000
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criminal cases destroyed by the FC, SEC forced the counting rules aiding fraud, forced by the
Senate. 6,000 forged mortgage documents in one county. Georgia is number one in mortgage
fraud, now this. These things are decimating our country. Do not add fuel to this fire by
ignoring your own rules in this matter to benefit a private proper party evidently intent on
circumventing them. The people here are watching. Here in Richmond County they are seeing
their interests converted to air rights and their properties, their rights grounded in the
Constitution disappear. Equal protection is not only in the Constitution, it’s in the Bible, do unto
others and just a common plain fairness between us as people. When confronted with an
obnoxious ordinance like this out in Columbia County I demanded the same treatment as E.G,
Tommy, Robert and Larry. I was thinking who would I put on this list down here? Well, I think
he’d be wearing a cowboy hat and riding around in the Hippodrome.
Mr. Mayor: Okay, sir, your five minutes are up so out of fairness to the next presenter.
Mr. Gray: Measure twice and cut once is always sage advice. It’s the advice I would
recommend to you. Thank you.
Mr. Mason: Mr. Mayor.
Mr. Mayor: Yes, sir, Mr. Mason.
Mr. Mason: Yeah, I may have a comment and perhaps a statement in reference to Mr.
Gray. Mr. Gray, I appreciate you coming forward. It’s irrelevant to me where you live. What
you pointed out though is some specific issues that are credible and real that we have to deal with
and we’ve, several of us up here have thought of that as well. And what particularly bothers me
is a particular heading under 25-9 which has been cited talking about land use. And then there’s
nothing there. And so that’s a bit disingenuous in my mind to talk about this is what you’re
going to be looking at which you give no definition of what the land use would be. Up
underneath there it’s completely blank. I’m not sure what’s going on there so I would hope that
we don’t accept the manure either but I’m not overly confident given our historical way that
we’ve done business up here but I would hope that we can address this appropriately here
shortly.
Mr. Gray: Neither am I.
Mr. Mayor: Okay.
Mr. Lockett: Mr. Mayor, I had my hand up.
Mr. Mayor: Yes, sir.
Mr. Lockett: Mr. Gray, these overlays, is this something that’s commonly used in for
municipalities or is this something that’s primarily used for private entities?
Mr. Gray: Well, increasingly they’re used by municipalities. The problem we had out in
Columbia County when I first got involved in these things was actually the same type of scenario
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where government was imposing a zone on private land owners where they didn’t own any land.
And I would note that in the Augusta Chronicle that Commissioner Brigham was talking about
this being similar to a PUD or Planned United Development. Well, it’s not because that’s the
difference. A Planned Unit Development is privately owned and it’s brought the, the motion is
brought by the landowner to bring forth the restrictions. It’s not something that’s imposed from
without by somebody that’s got only 10% of the property or ten contiguous lots.
Mr. Lockett: Is Lincoln County using this particular process?
Mr. Gray: No, sir, they passed a card to the overlay ordinance some time back and it was
a campaign issue in 2008. And Commissioner Wade Johnson made it a point that he was going
to dismiss the Planning Director if he got elected which he did.
Mr. Lockett: Thank you, sir.
Mr. Gray: Thank you.
Mr. Guilfoyle: Mr. Gray?
Mr. Mayor: Yes sir, Mr. Guilfoyle.
Mr. Guilfoyle: Thank you for your time by the way. With your experience from
Columbia County naturally I read some of the blogs that was put on board on the internet. What
will it take for it to be done correctly?
Mr. Gray: Well, the design requirements for this node my understanding is they should
be ready in February. So I would take the time between now and February to put it all together
and do what your Master Overlay Ordinance requires and get it right the first time. I don’t see
anything in inordinately bad about what this developer, APD is trying to do. I think it’s very
laudable. But they need to go through the rule of law and the process you’ve got set up and not
try to go this route because a broader Laney Walker Overlay District they provided evidence.
They owned 10% within the W-4 node but they didn’t provide evidence that they had better than
10% for that whole great big area that’s on this map.
Mr. Mayor: Okay.
Mr. Guilfoyle: Thank you, Mr. Gray.
Mr. Mayor: Thank you, sir, on to the next delegation Madam Clerk.
The Clerk:
DELEGATIONS
D. Ms. Dee Mathis: Re: Laney-Walker/Bethlehem Overlay District.
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Ms. Mathis: Good evening. My name is Dee Mathis. I stand to speak today on behalf of
myself and the other homeowners of Laney-Walker/Bethlehem neighborhood. We urge the
members of Augusta Richmond County Commission to reject this measure to decimate our
neighborhood as an Overlay Zoning because the applications submitted for it was woefully
incomplete at the time of submission and the homeowners were not properly notified as required
by the ordinance. The initial application submitted on 9-12-11 was in the form of a draft and
should never have been accepted by Planning and Zoning because Section 25-3 states the
application shall be accompanied by all supporting documentation including the proposed
geographical boundaries for the proposed area, the complete text of the proposed additional
requirements and or incentives and thorough explanation and justification for the proposed
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designation. It was only that I was present at the October 3 meeting that the homeowners
received notification of this proposal and the meetings that followed. During the course of the
meetings the story by Augusta Housing and Community Development and APD changed
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dramatically and we have proof on video. At the October 25 meeting we represented a slide
showing the W-4 as the overlay zone however the map and the original application packet under
25-9 Land Use Restriction is a much larger map then the W-4. It includes JB-1, LW-1, LW-2,
LW-3, P-1, T-1, T-2, T-3, T-4, W-1, W-1 and W-3. If the motion tonight which I have not had
an opportunity to review if it has if it is larger than the W-4 zone you will be voting to violate
our own Master Overlay Ordinance. Or so if the overlay only applies to W-4 it is still deficient
because the architectural finishes, parking, landscaping and other required documents have not
been included. Omission of these things violate the clear language of the ordinance requiring
completeness. The rights and value of our property lies in how, when and to what extent it can
be used. There are a bundle of rights that are indivisible. Taking land uses out affects ones right
in this bundle or so the unrevealed secret restrictions to come will affect our land right and thus
its value. Taking property rights violates our equal protection guaranties and our due process
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guaranties under 5 and 14 Amendment to the Constitution of the United States of America.
We specifically object to the passage of any Overlay Zone and to any attempt to create one
tonight on these constitutional grounds. APD may have a good plan however because it has been
convoluted and because of the initial mishandling of this process it is widely misunderstood. We
do not believe that such cavalier treatment of landowners will be tried anywhere else in
Richmond County and we don’t accept this backdoor deal either. Throughout this entire process
our county Commissioner, Matt Aitken, never attended a meeting to address the residents and we
believe one of the highest duties of our Commissioner is to safeguard the rights of the citizens. I
have a copy of an email that he sent to my representative Mike Shields asking him to keep him
informed of this matter.
Mr. Mayor: Okay, thank you ---
Ms. Mathis: Therefore ---
Mr. Mayor: --- Ma’am, that’s the five minutes is up.
Ms. Mathis: Thank you.
Mr. Mayor: Thank you, ma’am.
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Mr. Mason: Mr. Mayor.
Mr. Mayor: Yes sir, Commissioner Mason.
Mr. Mason: Ms. Mathis?
Ms. Mathis: Yes.
Mr. Mason: If you would please. First of all I want to thank you for coming forward.
You’ve articulated your position very well. I clearly understand what you’re saying here today.
I wish I could offer you some, I wish I could offer you something that could definitely be done
but that’s going to take the will of this body to do. Okay? Now I’m extremely disturbed
watching from a distance exactly what’s going on and the application that you speak of this is
not a fallacy. This is fact. It was not in order, period. It just wasn’t. And I’m not going to sugar
coat it, it wasn’t in order and that’s on us and this government and those who have the ability to
do something about it. The public meetings were scurried and hurried and so therefore
information was confusing. Now I don’t know if that was by intent, accident or design but the
bottom line is it was what it was. And I’m confused and I’ve got a place to vote on it. And so if
I’m confused then I know the public out in that area must be confused as well.
Ms. Mathis: Thank you.
Mr. Mason: But the bottom line is it just was not done appropriately. And I’m tired of
this government being reactive versus being proactive. We don’t have to go any further than the
policy, Personnel, Policies and Procedures Manual to see what moving fast and quickly will do
instead of moving right at the appropriate speed. Thank you.
Ms. Mathis: Amen, thank you.
Mr. Mayor: Thank you, ma’am. Commissioner Lockett.
Mr. Lockett: I just wanted to say I applaud both you, Ms. Mathis, and Mr. Gray. It’s
about time that the citizens stepped up to the plate and demanded that this government do what is
right for all the people not a select few. Thank both of you.
Mr. Mayor: Okay, thank you. Madam Clerk, on to the consent agenda.
The Clerk: Our consent agenda consists of items 1-26, items 1-26. For the benefit of any
objectors to any of our Planning petitions once the petition is read would you please signify your
objection by raising your hand. I call attention to:
Item 1: Is a request for a change of zoning from a Zone A (Agriculture) to a zone HI
(Heavy Industry) affecting property at 1641 Dixon Airline Road.
Item 2: Is a request for a Special Exception to establish an extended stay hotel in a B-2
(General Business) Zone affecting property at 3634 Walton Way Extension.
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Item 3: Is a request for a Special Exception to establish a chemical manufacturing in a
(HI) Heavy Industry zone affecting property at 1642 Dixon Airline Road.
Item 4: Is a request for a change of zoning from a (LI) Light Industry to a Zone (HI)
Heavy Industry with a Special Exception to establish chemical manufacturing affecting property
known as 1895 Doug Barnard Parkway.
Item 5: Is for a request for a change of zoning from a Zone A (Agriculture) to a Zone B-
2 (General Business) affecting property at 3684 Peach Orchard Road.
The Clerk: Are there any objectors to any of those Planning petitions. Our consent
agenda consists of items 1-26 and let’s see, on our alcohol petitions. Okay. For the benefit of
any objectors to our alcohol petitions would you please signify your objection by raising your
hand once the petition is read. I call your attention to:
Item 7: Is a request for a retail package Beer & Wine license to be used in connection
with Smille Food located at #1 East Boundary.
Item 8: Is for an on premise consumption Liquor, Beer & Wine license to be used in
connection with First Round Bar & Lounge located at 210 Eleventh Street.
Item 9: Is for a retail package Beer & Wine license to be used in connection with
Cumbee’s Grocery located at 4628 Mike Padgett Hwy.
The Clerk: Are there any objectors to those alcohol petitions? No objections to our
alcohol or Planning petitions. Mr. Mayor, members of the Commission our consent agenda
consists of items 1-26 with no objections to Planning or alcohol petitions.
Mr. Mayor: Okay, gentlemen, do we have any additions to the consent agenda? Any
items to be pulled for discussion? Commissioner Mason.
Mr. Mason: Uh yes, thank you, Mr. Mayor. I don’t think I need to pull this but I do want
some clarification on item 3# if someone can give it to me. It’s talking about a chemical
manufacturing company. What type of chemicals are we talking about?
Mr. Mayor: Mr. Patty?
Mr. Patty: The situation on this is this is a good firm prospect for the area. I have been
told that it is inert material so I have not been told anything else. I’ve been told it may be
considered to be a chemical. It’s not a typical chemical you know acid manufacturing plant or
something like that. What they do the process they do might be considered to be chemical
manufacturing and they wanted it clarified that that’s a permitted use for lenders and attorneys
and my review of contracts and that sort of thing. Other than that the development authority
folks are here and they can give you any further guidance or not. That’s all I know.
Mr. Mason: Okay, well, based on whatever conversation that you did have with him did
you get any indication that there would potentially now or in the future be any EPA or EPD
issues, brownfield issues ---
Mr. Patty: No.
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Mr. Mason: Okay. Thank you, Mr. Mayor.
Mr. Mayor: Okay, do we have any items, any further items? Can I get a motion to
approve the consent agenda? Yes, ma’am.
The Clerk: The Administrators office has asked that item 32 be deleted from the agenda.
I don’t know if the Commission would like to consider adding that to the consent agenda. But
that’s a request coming from Administration.
Mr. Mason: Mr. Mayor.
Mr. Mayor: Commissioner Mason.
Mr. Mason: Thank you. Also I just want to note for the record that and I don’t need to
pull it or anything like that but on number 14, number 15, 16, 17 and 18 as I have in the past I’m
voting no on those particular items as I do not feel that they are in compliance appropriately. So
I want to be registered as a no vote.
Mr. Mayor: Okay, are we okay with adding 32 ---
Mr. Mason: Absolutely.
Mr. Mayor: --- with the Administrator’s request? Okay. Commissioner Lockett.
Mr. Lockett: Mr. Chairman, same thing. I vote no on 14, 15, 16, 17, 18 because of the
pending outcome of litigation in dealing with the legality of the Personnel, Policies and
Procedures Manual.
Mr. Mayor: Commission Johnson.
Mr. Johnson: Thank you, Mr. Mayor. Item 14 through 18, Madam Clerk, record me as a
no vote on that please.
Mr. Mayor: And Commissioner Hatney.
Mr. Hatney: Same way.
Mr. Mayor: Okay, can I get a motion to approve the consent agenda?
Mr. Mason: So moved.
Mr. Jackson: Second.
Mr. Bowles: Somebody down here had their hand up.
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Mr. Mayor: Commissioner Brigham.
Mr. Brigham: I know this is unusual but I’m voting against item number three.
Mr. Mayor: Okay.
Mr. Mason: It is unusual.
Mr. Mayor: Let’s shake it up a little bit. Get outside the box. Okay, we have a motion
and a second?
The Clerk: Who had the second for the consent agenda?
Mr. Mason: I made the motion.
The Clerk: I know you made the motion; I’m looking for the second.
Mr. Mayor: Joe seconded. Okay, no further discussion Commissioners will now vote by
the usual sign of voting.
Mr. Hatney: Madam Clerk, abstain on alcohol please.
CONSENT AGENDA
PLANNING
1. Z-11-37 – A request for concurrence with the Augusta Planning Commission to approve
a petition by George Inman, on behalf of the William White Barrett Estate, requesting a
change of zoning from Zone A (Agriculture) to Zone HI (Heavy Industry) affecting
property containing approximately 135 acres and is known as 1641 Dixon Airline Road.
(Tax Map 135-0-005-00-0) DISTRICT 1
2. Z-11-44 – A request for concurrence with the Augusta Planning Commission to approve
a petition by Generation Company LLC, on behalf of Savannah River Financial
Corporation, requesting a Special Exception to establish an extended stay hotel in a B-1
(General Business) Zone per section 22-2 (d) of the Comprehensive Zoning Ordinance for
Augusta, Georgia affecting property containing approximately 2.55 acres and is part of
3634 Walton Way Extension. (part of Tax map 023-0-347-00-0) DISTRICT 3
3. Z-11-48 – A request for concurrence with the Augusta Planning Commission to approve
a petition by George Inman, on behalf of William White Barrett Estate, requesting a
Special Exception to establish chemical manufacturing in an HI (Heavy Industry) Zone per
Section 24-2 (a)(21) of the comprehensive Zoning Ordinance for Augusta, Georgia affecting
property containing approximately 135 acres and is known as 1641 Dixon Airline Road.
(Tax map 135-0-005-00-0) DISTRICT 1
4. Z-11-49 – A request for concurrence with the Augusta Planning commission to approve
a petition by Development Authority of Richmond County, on behalf of First Bank of
Georgia, requesting a change of zoning from Zone LI (Light Industry) to zone HI (Heavy
Industry) with a Special Exception to establish chemical manufacturing per Section 24-2
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(a)(21) affecting property containing 43.83 acres and is known as 1895 Doug Barnard
Parkway. (146-0-005-00-0) DISTRICT 1
5. Z-11-51 – A request for concurrence with the Augusta Planning Commission to approve
a petition by Charles Green, on behalf of Curtis Bell Co. Inc., requesting a change of
zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting property
containing 1.5 acres and is known as 3684 Peach Orchard Road. (Part of Tax Map 168-0-
035-00-0) DISTRICT 6
6. ZA-R-210 – A request for concurrence with the Augusta Planning commission to
approve a petition to amend the Comprehensive Zoning Ordinance for Augusta, Georgia
by deleting Section 28 (Signs) and replacing it with a revised Section 28.
PUBLIC SERVICES
7. Motion to approve New Application: A.N. 11-49: A request by Shewangizaw Mariam
for a retail package Beer & Wine license to be used in connection with Smille Food Store
located at #1 East boundary. District 1. Super District 9. (Approved by Public Services
Committee November 7, 2011)
8. Motion to approve New Ownership Application: A.N. 11-50: A request by Allen h.
Odom for an on premise consumption Liquor, Beer & Wine License to be used in
connection with First Round Bar & Lounge located at 210 Eleventh St. There will be
Dance. District 1. Super District 9. (Approved by Public Services Committee November 7,
2011)
9. Motion to approve New Ownership Application: A.N. 11-52: A request by Spencer L.
Ready for a retail package Beer & Wine license to be used in connection with Cumbee’s
Grocery located at 4628 Mike Padgett Hwy. District 8. Super District 10. (Approved by
Public Services Committee November 7, 2011)
10. Motion to approve Professional Services Agreement for Phase II design and
engineering of the New Butler Creek Trailhead Park to W.K. Dickson & Co., Inc. for
$33,700.00. (Approved by Public Services Committee November 7, 2011)
11. Motion to approve a request by Angela Askew for a Dance License to be used in
connection with A’s Sports Bar located at 2510 Peach Orchard Rd. There will be Dance.
District 2. Super District 9. (Approved by Public Services Committee November 7, 2011)
12. Motion to approve the selection committee’s recommendation to select Edge Industries
Inc. d/b/a Sherman & Hemstreet Real Estate Company to provide real estate brokerage
services for selected City of Augusta surplus properties. (Approved by Public Services
Committee November 7, 2011)
13. Motion to approve a request by the License & Inspection Department to renew all
existing Alcohol Beverage Licenses for the upcoming year 2012. There will be Dance. There
will be Sunday Sales. There will be Adult Entertainment. Districts 1 thru 8. Super Districts
9 & 10. (Approved by Public Services Committee November 7, 2011)
ADMINISTRATIVE SERVICES
14. Motion to approve an Ordinance to amend the Augusta, GA Code Title Seven Chapters
One through Three Sections 7-1-19, 7-1-19.2, 7-1-19.6 through 7-1-19-9, 7-1-26 through 7-1-
33, 7-1-47 through 7-1-48, 7-1-86, 7-1-116-2, 7-1-116-4 through 7-1-116-5, 7-1-136, 7-2-3, 7-
2-63, 7-2-76, and 7-3-73 relating to the powers and duties of the License and Inspection
Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an
12
effective date and for other purposes. (Approved by the Augusta Commission October 18,
2011 – second reading; no action vote November 1, 2011 requested by the General Counsel)
15. Motion to approve an Ordinance to amend the Augusta, GA Code Title Six Chapter
Seven Sections 6-7-5, 6-7-42 through 6-7-43, 6-7-60, 6-7-69, 6-7-90 through 6-7-91m 6-7-96
through 6-7-97, and 6-7-110 relating to the powers and duties of the License and Inspection
Department; to repeal all Code Sections and ordinances in conflict herewith; to provide an
effective date and for other purposes. (Approved by the Augusta Commission October 18,
2011 – second reading no action vote November 1, 2011 requested by the General Counsel)
16. Motion to approve an Ordinance to amend the Augusta, GA Code Title Six chapter Six
Sections 6-6-5 and 6-6-37 through 6-6-47 relating to the powers and duties of the License
and Inspection Department; to repeal all Code Sections and Ordinances in conflict
herewith; to provide an effective date and for other purposes. (Approved by the Augusta
Commission October 18, 2011 – second reading no action vote November 21, 2011
requested by the General Counsel)
17. Motion to approve an Ordinance to amend the Augusta, GA Code Title Six Chapter
Two Sections 6-2-2, 6-2-5, 6-2-59 through 6-2-60, 6-2-70 through 6-2-72, 6-2-75 through 6-
2-77, 6-2-103, 6-2-116, 6-2-119 through 6-2-125, and 6-2-142 through 6-2-143 relating to the
powers and duties of the License and Inspection Department; to repeal all Code Sections
and ordinances in conflict herewith; to provide an effective date and for other purposes.
(Approved by the Augusta Commission October 18, 2011 – second reading; no action vote
November 1, 2011 request by the General Counsel.
18. Motion to approve and Ordinance to amend the Augusta, GA Code Title Six Chapters
Four and Five Sections 6-4-1, 6-4-7, and 6-5-7 relating to the powers and duties of the
License and Inspection Department; to repeal all Code Sections and Ordinances in conflict
herewith; to provide and effect date and for other purposes. (Approved by the Augusta
Commission October 18, 2011 – second reading; no action vote November 1, 2011
requested by the General Counsel)
FINANCE
19. Motion to approve declaring 9 vehicles of Augusta Public Transit excess and available
for auction sales. (Approved by Finance Committee November 7, 2011)
20. Motion to direct the General Counsel and Finance Department to take such action as
necessary to create Tax Allocation District Three – Doug Barnard – Dixon Airline East
Augusta to include property identified as Map/Parcel 135-0-005-00-0 and 146-0-005-00-0;
including the advertisement of a public hearing to be held on November 28, 2011 to
consider the Redevelopment Plan submitted today by the Administrator. (Approved by
Finance Committee November 7, 2011)
ENGINEERING SERVICES
21. Motion to approve subject agreement to Johnson, Laschober, and Associates, P.C. in
the amount of $53,398.00. This award will include design changes and associated services
for the design of sanitary sewer mains and lift station upgrades, required documentation
for various environmental permits, and costs associated with splitting the project into
phases. (Approved by Engineering Services Committee November 7, 2011)
22. Motion to approve and accept Easement Deeds from National Retail Properties, Inc.
and James and Cynthia Franklin and abandon an easement granted by James and Cynthia
13
Franklin in December 2010. (Approved by Engineering Services Committee November 7,
2011)
23. Motion to approve the purchase of Office Furniture & Supplies for the Utilities
Metering & IT Department Disaster Recover Building at Wylds Road. (Approved by
Engineering Services Committee November 7, 2011)
24. Motion to approve the Memorandum of Understanding between Augusta and
Grovetown. The purpose of this Memorandum is to provide for the equitable distribution
of sanitary sewer charges for the subdivision known as McCoy’s Creek Subdivision.
(Approved by Engineering Services Committee November 7, 2011)
25. Motion to authorize the award and execution of a contract with the Galardi Rothstein
Group for a Water and Wastewater Rate Study (RFQ #11-056) in the amount of $199,520.
(Approved by Engineering Services Committee November 7, 2011)
PETITIONS AND COMMUNICATIONS
26. Motion to approve the minutes of the regular meeting of the Commission held
November 1, 2011 and Special Called Meeting (Legal) held November 7, 2011)
FINANCE
32. Motion to approve the sole-source purchase of two International 5900 trucks from
Mays International in the amount of $511,785 by the Environmental Services Department
subject to the Administrator presenting correct information at the Commission’s
th
November 15 meeting. (No recommendation from Finance Committee November 7, 2011)
Motion by Mr. Mason to delete this item from the agenda.
Mr. Bowles seconds the motion.
Motion carries 10-0. [Item 32]
Mr. Mason, Mr. Lockett, Mr. Johnson and Mr. Hatney vote No.
Motion carries 6-4. [Items 14, 15, 16, 17 and 18]
Mr. Hatney abstains.
Motion carries 9-0-1. [Items 7-9]
Mr. Brigham votes No.
Motion carries 9-1. [Item 2]
Motion carries 10-0. [Items 1, 3-6, 10-13, 19-26]
Mr. Mayor: Okay, Madam Clerk, let’s get on to the regular agenda.
The Clerk:
PLANNING
27. Z-11-41 – A request for concurrence with the Augusta Planning Commission to deny a
petition by Maureen Merritt requesting a Special Exception to establish a Family Personal
Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta,
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Georgia affecting property containing .25 acres and is known as 3516 Redd Drive. (Tax
Map 120-0-100-00-0) District 5.
Mr. Mayor: Okay, could we have George first just to?
Mr. Patty: Yes, sir. This is a petition for a Personal Care Home on Redd Drive which is
an old established neighborhood off Meadowbrook Road. The applicant testified that she wanted
to have four adults in the home with her. We had substantial opposition to that, a petition in
opposition to it. They cited crime rate the changes in the neighborhood and the other things and
the Planning Commission voted to deny it.
Mr. Mayor: Okay and if we could hear from the representative for the petitioner. And if
you state your name and address for the record please, sir, and keep it to five minutes.
Mr. Findlay: Mr. Mayor, I’m James Findlay. I’m with the law firm of Findlay and
Edenfield. I represent my client today and outlined to you certain matters which I think causes it
to be almost imperative that you do what I’m proposing for you to do. That is to approve her
request. You know it’s interesting the way things happen in life but only in Sunday’s paper I
picked it up and there in the family section was a notice that Carl Sanders, our once governor of
this state and a citizen of our great community, was being highlighted so to speak. And I go
back in my own mind to my days in law school when then Governor Sanders made a certain
stance that may not have been very pleasant or may not have been very popular even with the
people of this state. If you read the article at that time he was running against a person by the
name of Marvin Griffin. Mr. Griffin had been the governor of this state before. At that same
time he found himself being elected and he stood forward and he addressed matters which came
before him from people throughout the United States. At that same time we must remember the
civil rights movement was in the full front of every activity in the south and throughout the
country. George Wallace was asked as to segregation and he said at that time segregation will
always be in the state of Alabama and I will stand by my decision. When that same question was
asked to our then governor he said I will abide by the laws of this state and the laws of the
United States of America as presented to us by the Supreme Court of the United States. What
power when our Deacon or Pastor who spoke today he said be brave and accept change because
sometimes change is imperative in order for Augusta in the State of Georgia to go forward and
even be a better community. We ask for this exception today under the actual Code of Georgia,
not the code of Georgia but the code which operates the City of Augusta as to its exceptions.
And it’s very simple it’s a full part test which made under Section 8. He said the Family
Personal Care Home must be no closer than 1200 feet to another one. We meet that criteria, I
believe. No signage will be permitted. My client who is with me today has ready applicants
who will come into her home and no signage is necessary nor will she ever go beyond what she
is telling you in that stead today. The Family Personal Care Home should be located in an area
which is fair and friendly to those who may be there. This certainly is not an area of crime. It’s
one of the reasons that this is an ideal place. Environmentally this law says you cannot place
disadvantaged people in an area where they may be subjected to illness caused by their very
environment. Lastly it goes on to say that you have to do some type of weighing of equities in
here. As I said before it was unpopular for then the governor of this state to say to so many
people in this state that we would not accept the idea of integration. But he knew that that was
15
the law of the state. In 1978 or there abouts the federal government through Congress passed
what is known as the Fair Housing Act. In 2004 the Justice Department and the Housing and
Urban Development both cabinet level offices spoke on this and they said that it becomes
necessary for municipalities such as Augusta to change its rules to take care and foster those
people who are in need of help. If we go back to our very roots Fort Gordon in Augusta was
founded not as a fort but as a camp. Before that it was Camp Hancock that was here. Governor
Sanders went forward and he asked and did get Congress to give it the stamp of being a fort.
Later on when BRAC 1 to close it who stood forward but this community and said we are
actually pillars of the American way by supporting the military life. Again the people who are
going to this home generally are those people who suffer from sort of disability often caused by
their very service to that flag as we took the oath to that flag today. Furthermore and addition to
that we have to go back to constitutional law that was set probably in the ‘70’s some of which
has changed this bit and that bit. But it says that we should not take away people’s rights. Now
we know that people have the right to enjoy their own house and we don’t want to take from
them that. But there hasn’t been one showing that anybody who is over 65 depended on a Social
Security check or who is dependent on a military pension check because of a disability would
foster any ill will towards anybody ---
Mr. Mayor: Okay, thank you, sir. I hate to cut you off but the five minutes is up.
Mr. Findlay: Thank you.
Mr. Mayor: Okay, Commissioner Lockett then Commissioner Mason.
Mr. Lockett: Thank you, sir, you gave a very good history presentation. I enjoyed it.
But is there anything that’s states that property owners don’t have a right to live where he wants
to live? This is zoned for single family residents.
Mr. Findlay: Well, I ---
Mr. Lockett: Let me finish. And you said that they should be in a fair and friendly place.
It’s obvious that the people that are living in close proximity to this house don’t want that house
to be used as a Personal Care Home. And I think it’s their right. And you have come in here
asking for an exception to policy. When they purchased their homes they purchased under the
guise of living in a single family residence. And I questioned the number of people that you
want to put in that house. You’re talking about putting four people in there plus the owner or
whatever. That’s at least five. And being a veteran, I’m a veteran, I’m a war veteran. I don’t
believe in discriminating against anybody at any time. But I do believe that people that live in
that community have got the right to say that they do not want the zoning changed to include a
Personal Care Home. I think that is their right. It is not only a single person it’s lots of people. I
received I don’t know how many calls from people in the community and we try and respect that.
We have that obligation. Thank you, Mr. Mayor.
Mr. Mayor: Okay, thank you, sir. Commissioner Mason.
16
Mr. Mason: Thank you, Mr. Mayor. While I also appreciate your historical perspective
that you have given us and you articulated that very well being a veteran as well I need to ensure
that when you talked about fairness, fairness runs both ways. And at the end of the day we have
a Planning Commission that is to take up these items and I know that they take their jobs and
I’m going to go ahead and make a motion that
duties very seriously. So from that perspective
we concur with the Planning Commission’s denial of this petition.
Mr. Lockett: Second.
Mr. Mayor: Okay, we have a motion and a second. Commissioner Bowles.
Mr. Bowles: Mr. Mayor, I appreciate it and I respect the Planning Commission’s zoning
too. It’s just going to interest me while I had this exact same issue less than a year ago in my
neighborhood. It was not treated as such and the special exemption was okay at that point I
guess because it was in my district. So I’d just like to see how the record’s going to go out
today. Thank you.
Mr. Mayor: Okay, we have a motion and second. Commissioner Lockett and then
Commissioner Johnson.
Mr. Lockett: Just for the record I’d like my colleague to know that I did support him on
that vote.
Mr. Mayor: Okay. Commissioner Johnson then Commissioner Brigham.
Mr. Johnson: Thank you, Mr. Mayor. Could we get George up to the podium, please?
Mr. Mayor: Mr. Patty.
Mr. Johnson: George, I understand that we have a great deal of these coming about, of
course, now and in the near future. And I would like to at least figure out the actual ordinance
states if they have three, over three that they have to get the exception from Planning to operate
or is it two?
Mr. Patty: There’s a way that it can be set up with three. The ordinance says two, the
primary resident plus two there is a way you can get three out of that.
Mr. Johnson: Okay, I think that needs to be articulated a little bit more thoroughly to
those especially like I can concur I think you know we want to be fair and equitable to everybody
in the process. But we also know these people has to go somewhere and with the state cutbacks
and things like that of course they’re going to be going out into neighborhoods. So we want to
be fair but at the same time we need to probably articulate the point to people how they can
operate without having to go before Planning and Zoning to get approved and so they won’t
impose on I guess implementing a commercial you know residence or commercial property in
that particular residential area. So maybe we can figure out a way to do that a little bit better
because I do understand the concern but it’s an unfortunate situation and I do support the
17
Commissioner of that district as well. So if you all can do something to maybe get more
information out to those folks like that I think they’ll be, I don’t know what measures we’ll have
to take to do that but I think it’s just a lot of them just don’t know that they just may be one away
from being able to operate that facility. Thank you.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Mr. Mayor, I don’t believe that we have been fair to both sides. I think
we’ve only heard from one side. I think we ought to at least hear. I know we have a petitioner
but I think we ought to have the opportunity to have the other side speak ---
Mr. Mayor: Do we have a representative ---
Mr. Brigham: --- at least they ought to be given that opportunity.
Mr. Mayor: De we have somebody representing the opposition? Okay.
Mr. Brigham: If we had somebody who wanted to speak I’d think we’d hear from them.
If they don’t want to that’s fine but I think we ought to give them that opportunity. I think that
we have an obligation to do that.
Mr. Mayor: Okay. Yes, sir, and if you could state your name and address for the record.
I hope you heal up soon.
Mr. Gibbons: My name is Tom Gibbons; I live at 3513 Redd Drive. That’s right across
the street from where she lives at. And we oppose and I talked to some of the neighbors and they
don’t want it because we already have enough crime in the area. And we don’t know what’s
going to happen. And I think that the neighbors don’t want it. Commissioners y’all are going to
make the final decision. Whatever y’all go by we’re going to have to live with that but I want to
say this. Why degrade 25 or 20 people property in the area. When you rezone it, our property
value is going to go down. I might want to sell my house in the next year or two then I can’t get
what I got in it because the property value is definitely going to go down. And you’re not going
to come out there and buy it because it’s a personal (unintelligible). I want my property
affordable and I want to be able to sell it if I decide to sell it. I’ve been living out there 38 years
and we’ve got some people living out there 42 years. They don’t want it either.
Mr. Mayor: Okay.
Mr. Gibbons: Thank you.
Mr. Mayor: Thank you, sir. And just for the record, could we get a show of hands of
people in opposition to the rezoning? Okay, can we get show of hands of anybody here who is
support of the rezoning? Okay, I believe did anybody else want to speak to this issue?
Commissioner Smith.
18
Mr. Smith: I’d just like to ask. What’s the size, what are the size of these homes and
what facilities do they have ---
Mr. Findlay: This home has ---
Mr. Smith: --- to provide.
Mr. Findlay: Thank you. This home has 1600 square feet as a condition of getting the
appropriate license. It will have to have a bathroom which is handicapped accessible. That will
have to be done. This particular home has two baths one of which would, will become
handicapped accessible. It has a master bedroom, it has two additional bedrooms and it has a
family room living room which would be used as a bedroom for the purpose of this in
compliance with the state laws. The state laws as I understand those laws mandates that this
zoning be acquired before the permit can be granted to the person requesting it.
Mr. Mayor: Okay. Thank you, sir. Okay we have and just for the record, Madam Clerk,
the motion was to concur with the Planning and Zoning’s decision to deny. Correct, Mr. Mason?
Mr. Mason: Yes, sir.
Mr. Mayor: We have a motion that’s been properly seconded. If there is no further
discussion Commissioners will now vote by the usual sign of voting.
Mr. Smith votes No.
Motion carries 9-1.
Mr. Findlay: Thank you, Mr. Mayor.
Mr. Mayor: Thank you, sir. Madam Clerk, next agenda item, please.
The Clerk:
PLANNING
28. Z-11-46 – A request for concurrence with the Augusta Planning Commission to
approve with the following stipulations 1) no dance license will be applied for: 2) no alcohol
sales on property; 3) any new construction must be at least 100 feet from any property line;
4) a site plan must be submitted and approved by all required department; 5) site must
conform with the Augusta Tree Ordinance and 6) the B-2 zoning shall only extend 500 feet
from the right-of-way of Wrightsboro Road; a petition by John L. Sampson, on behalf of
Richard Melvin Inglett, requesting a change of zoning from Zone A (Agriculture) to Zone
B-2 (General Business) affecting property containing approximately 7.13 acres and is
known as 3663 Wrightsboro Road. (Tax Map 040-0-037-00-0) DISTRICT 3
Mr. Mayor: Mr. Patty.
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Mr. Patty: This is a tract not far from where Belair Road intersects with Wrightsboro
Road near Bobby Jones. And the property’s currently undeveloped so there are a substantial
number of properties zoned B-2 which the applicant is requesting for this property. The road is
being widened as you know which makes it more attractive for commercial use. This applicant,
Chef Red, who wants to I’ll let him speak for himself but wants to have a place there where he
can have reunions and those sorts of meetings and also do his own catering from that location.
The property is long and narrow; it’s got a very nice pond on it and unfortunately some houses
back up to it off of Maddox Drive. And there’s also a gentleman that lives to the other side of it
that is opposed to the rezoning. We try to balance interests in what we do in every one of these
cases and it seems that the zoning is warranted that we feel the pain of the neighbors that live
next to it and so we came to the conclusion it should be approved with the conditions you see in
front of you there which provide as much protection as we can to the property owners adjacent to
it. Chef Red’s agreed to these conditions and we recommend you approve it as such.
Mr. Mayor: Okay, if we can hear from the applicant and then we’ll hear from the
opposition.
Mr. Sampson: My name is John Sampson. Most in the community know me as Chef
Red. I specialize in barbeque and home cooking. I operate out of the Signal Towers Café on
Fort Gordon. I do a lot of catering for a lot of different plants. I do a lot of fund raisers with
companies like Ronald McDonald House the Special Olympics. I do a lot of family events. And
what I’m wanting to do there is create a family reunion center around that pond. That would be
something that would be conducive to for families. I have no interest in an alcohol license or
parties or anything like that. That will not happen. I want to do family reunions period around
that pond. It’s a very beautiful setting for it and I think that it would be something that would be
great for the families in that area. And I would be considerate in what I do in dealing with the
people that’s in that area because I don’t want to disrupt anything. I want to create something
that would be a part of instead of something that would be against. Thank you.
Mr. Mayor: Okay, thank you, sir. And if there’s somebody representing the opposition.
And if you could state your name and keep it to five minutes as well please.
Ms. Droudy: All righty, here I go. I’d like to express my concerns. My name is Kim
Droudy. I have property adjacent to the property that Mr. Sampson is interested in rezoning. I’d
like to express my concerns about the pending decision to rezone the parcel. I understand the
decision will allow Chef Red to cater to large events such as family reunions, Bar Mitzvahs,
children birthday parties with inflatables, company picnics, church gatherings, wedding
receptions and possibly weddings. The sight and sound of traffic are not pleasant and can leave
us feeling more stressed. It would seem that the noise of traffic in accommodating large groups
for entertaining will impose upon my residential ways of living. Bringing in an unknown
population this close to a residential area allows the possibility of unwanted invasion or
intrusions. Furthermore please consider previous business ventures in Augusta opened and
closed by Mr. Sampson and do not seem to have had a beneficial, do not seem to have been
beneficial to the much needed growth to our economy. If the property is rezoned and if Mr.
Sampson is not able to adhere to his obligation to this piece of property as a long term business
prospect what type of business can be placed on this property? Will I have any say in regard to
20
any new organizations, projects or plans? If I don’t have any comment in regards because the
property has already been zoned than this will in turn decrease my property value because I will
not have any say so. Any kind of company can come in because that property is already zoned
purchased that property and so long as they build according to the 160 some page ordinance that
I have not completed since this process started reading and reviewing my question to you are
these trade assets we really want to consider? I do not believe the benefits of rezoning this stated
property will allow me and my family to enjoy living as residents in a residential neighborhood.
However if you must rezone the property please take the following items into consideration.
Adequate provisions are made to make sure no alcoholic beverages will be allowed to be
consumed on the property. I’ve spoken with Richmond County Police Department. They say
you do not have to have an alcohol permit in order to have alcohol on the premises. Bring your
own you can drink your own so long as you’re not selling tickets and you’re not selling or
charging any kind of ticket fees then you can have alcohol on the premises. Adequate provisions
are made that will provide reasonable, visual privacy, side and rear setbacks, adequate provisions
are made that will provide reasonable acoustical privacy, side and rear setbacks, adequate
provisions are made in regards to strict business hours of operation that will not disturb or hinder
my normal process of life. All mechanical and service areas to be screened from the public
view. This is Mr. Howard. He is, I have signed letters that I just read to you from every
neighbor except for approximately two that are adjacent to the property. I have parcel maps if
you interested to see where we live at in adjacent to this property and what we will be
experienced to. Everyone has signed. And this is Mr. Howard. He’s the one who has the longer
strip on the other side of the property and he pretty much has signed and agreed to everything we
just went over with there.
Mr. Mayor: Okay, thank you, ma’am. Commissioners, do we have? Commissioner
Bowles.
Mr. Bowles: I have a question for Mr. Patty.
Mr. Mayor: Mr. Mayor Pro Tem.
Mr. Bowles: Chef Red, I don’t know how you’re going to have a reunion without
alcohol. Maybe that’s just the Irish in me. George, or you haven’t met my family. A question
for you. I’ve had several calls about this property about debris being piled up in the front yard.
And it’s just the appearance of the front yard. I just want to make sure that it’s not going to
become like the end of Wrightsboro Road has become with the small little businesses going out
there and then just litter and debris everywhere.
Mr. Patty: Is that a question?
Mr. Bowles: Yes, sir. I believe there were some pictures presented at the Planning and
Zoning meeting ---
Mr. Patty: There are two houses ---
Mr. Bowles: --- of the debris pile.
21
Mr. Patty: --- and I didn’t see debris in the front yard but there is a massive pile in the
back yard. Chef Red might be better at this than I but what he told the Planning Commission
was he has been in the process of clearing some brush and that sort of thing and he has yet to
have that debris picked up is what he told the Planning Commission so.
Mr. Mayor: Okay. Commissioner Guilfoyle.
Mr. Guilfoyle: Mr. Patty, as far as protection from the neighbors, Chef Red I hope you
continue to succeed.
Mr. Sampson: Thank you.
Mr. Guilfoyle: I’ve had your barbeque, it’s delicious. If it ever fails what can we put in
the stipulation that it goes back to agriculture?
Mr. Patty: Well, I mean, you could put a reversion clause on it but having said that and
thinking about it for a minute now, if you look at the conditions up there that is going to so
narrow the field of people who can use this property. There might be four other active
businesses in Augusta that would fit into it. And the reality is if you know like I said in my
initial statement we try to balance interests. There is a balancing test in Georgia law that looks at
six factors. And one of those factors is surrounding land use pattern, one surrounding zoning
pattern, one is the length of time the property has been vacant as zoned and on and on and on.
This property justifies B-2 zoning and somebody came in here for a restaurant you’d have to
zone it. And that would mean they’d be there night not just once a week or once a month or
whatever he might have the good fortune utilize the property for. And it would be more intense
than that so I understand where the objectors are coming from. These are tough decisions it’s
going to be a tough decision for y’all to make but I think with the stipulations this is about as
good as it’s going to get on this property.
Mr. Guilfoyle: I believe he had complied with a lot of the requests already.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Mr. Patty, how large is this property and what was it last used for?
Mr. Patty: This property is vacant with the exception of two houses and it is 7.13 acres.
It’s got a two acre pond and probably only four acres that are actually usable, developable.
Mr. Lockett: And how near would the structure that’s going to be on it, how near would
that be to the neighbors?
Mr. Patty: Well, one of the stipulations is that it can’t be within 100 feet of any property
line.
Mr. Lockett: Within 100 feet of the property line?
22
Mr. Patty: And also another stipulation as you see they’ve got to present a sight plan and
that site plan’s got to show that they conform to our tree ordinance which would mean along
both sides the entire length of the property adjacent to these houses. He’d have to have a six foot
fence plus vegetation so that anything he planted would reach the desired effect in three years
which would mean you could stand on their property and you could not see through this thing up
to eight feet in height. So there’s protection there. It’s not you know it’s not what they’re going
to want it’s never going to be like it was but it is protection.
Mr. Lockett: Thank you.
Mr. Mason: Move for approval.
Mr. Jackson: Second.
Mr. Mayor: Okay, we have a motion and a second. If there is no further discussion
Commissioners will now vote by the usual sign.
Mr. Bowles votes No.
Mr. Brigham abstains.
Motion carries 8-1-1.
Mr. Mayor: Thank you, Madam Clerk, on to the next agenda item, please.
The Clerk:
PLANNING
29. Z-11-47 – A request for concurrence with the Augusta Planning Commission to approve
with the following stipulations 1) the following definition of the permitted uses in the
Overlay District described in this petition shall be listed at 25-A-7 and read: a) residential,
including single family and low density multi-family, provided the density shall be
approved by the Planning Commission, b) professional offices, including former residences
that can be converted into professional office space, c) institutional uses, including schools,
churches, and other religious institutions, d) neighborhood retail, including, apparel and
accessory stores, florist and gift shops, newsstands and bookstores, beauty and barber
ships, furniture and/or home furnishing stores, antique shops, drug stores and pharmacies,
sporting goods stores, hobby, toy and game stores, camera and photographic supply shops,
tobacco shops, office supplies/print shops, sandwich shops, coffee shops, and sit-down
eating establishments, dry cleaners, grocery stores, youth recreational facilities (i.e. YMCA,
skating rinks), movie theaters, *Permitted uses that are not specified in the above
Neighborhood Retail list must be approved by the Planning Commission and 2) that the
petitioner shall meet with representatives of the Neighborhood Association to attempt to
resolve any remaining differences; a petition by PT, on behalf of the Augusta Land Bank et
al, requesting an Overlay District designation as permitted in Section 25-E of the
Comprehensive Zoning Ordinance for Augusta, Georgia to affect multiple properties
beginning at a point located on Wrightsboro Road extending from Augusta Avenue west to
23
R.A. Dent Boulevard and including multiple properties along Holly Street, Kingston Street,
and Brown Street north of Wrightsboro Road; south of Wrightsboro Road includes
properties located on Augusta Avenue, Roulette Lane, McCauley Street, Railroad Avenue
and Poplar Street. A complete address list is available in the Planning Commission office at
525 Telfair Street, Augusta, Georgia. DISTRICT 1
Mr. Mayor: Mr. Patty. You don’t need to go to the “Y” after this. You’re getting your
workout.
Mr. Patty: I don’t where to start on this to be honest with you. All I can tell you is that
the folks with APD that represent the city and the Housing and Community Development
Department came to us and they said that this is an area we are actively working in. We’re
buying properties in the area through the land bank. This is one of four areas of the city that we
proposed to do redevelopment similar to what’s going on with Pine Street. We believe that with
some properties already zoned, an old iron factory and as things get better in the neighborhood it
might attract businesses to Wrightsboro Road that might be detrimental to the development that
we want to do and the things we believe the neighbors would ultimately like to see. And we
want to try one of these overlay zones that are provided for you in your zoning ordinance.
Overlay zones are not anything that we thought of. I mean I’ve just briefly dribbled through
Georgia cities today and Atlanta’s got 20 of them and Savannah’s got some, Athens has got
some and everyplace I checked uses overlays. We’ve had overlay zones in our ordinance for
years although we didn’t go through the process of approved enabling legislation until recently.
We’ve had a river front development zone for since the mid 60’s, I’m sorry mid 90’s. I’m
showing my age here. And it’s nothing new. Mr. Wylds is here to answer any questions you’ve
got.
Mr. Mayor: Mr. Wylds, could you? What’s that?
Mr. Patty: To ask specifically about it but as far you know the procedures the only thing
I’ll tell you is that in their desire to be, to give us everything we needed they gave us two
documents. One of those documents was an overall review of what they thought might be
needed for all of Laney-Walker somewhere down the road. The second document which is the
one that conforms to the ordinance did include some information that wasn’t really salient to
what’s before us now which is permitted use. All this is about is restricting a very limited
number of uses. It might be allowed in commercial zones from being made of properties within
this district after this is approved if it is. As far as the legal notice I can tell you that we accepted
th
the application on September 12 and we sent out a notice to all of the property owners as is
th
required by law on October the 4. And that notice was pointed out by Mr. Shields is actively
lobbying against this that that notice was somewhat short on it listed the time and the place of the
meeting and you know everything procedurally is in content but it was a little bit short on a
purpose. So we followed up with a second notice that went to all the property owners in the area
that carefully you know in infinite detail laid out what we’re proposing to do which is limit the
uses can be made of commercial and industrial properties within the area. We went to three
meetings that, four meetings in the neighborhood which I tried to explain what this is about.
When the Planning Commission met we still had some opposition and we still have some
opposition. We had opposition then and the Planning Commission agreed to approve it with a
24
fiord if you will that clearly explains the limits of this even though you know they were
explained carefully and I think adequately in previous meetings. And I think I hope you got this
in front of you here. But what it says is this is an overlay district to be known as W-4 which is
located on the west, this is actual language that will go into the ordinance if you approve it. This
is an overlay district to be known as W-4 which is located on the western boundary of the Laney-
Walker neighborhood district. It is described at the beginning and it goes into a lengthy legal
description of the property. W-4 is an area targeted for redevelopment by the city and the
purpose of this overlay is to promote mixed uses while maintaining the primary residential
character. Land use is established after an effective date of the amendment shall be limited to the
following. And it goes on to list those uses that are provided for me. And I’ve got one in here
someplace. Here it is. And if you approve this that will go into your zoning ordinance and that’s
all that will go into it.
Mr. Mayor: Okay, before we, I do want to hear because I do think we have heard from
the opposition but I know that we have a letter of support from the neighborhood association.
And I believe, Pastor Scott, if you’re willing to come up and address. I hate to put you on the
spot but.
Pastor Scott: The letter basically expresses the fact that we have we heard we went to
what Mr. Patty presented to us in the co-meeting that clarified the issues that we had concerning
the lack of clarity in that which he just read. I don’t have it before me but we all asked the
questions. Did we agree those that were there, those that we’ve been talking to, the
neighborhood association, paid members, the neighborhood association are members that are not
paid but they’re part of the neighborhood and the Bethlehem Center there was a young lade
there. And we were all in agreement on exactly what it said there in that document that dealt
specifically with that overlay node. It didn’t have anything else to do with anything outside of
that. We had a lot of issues that we were dealing with and what we could understand and see we
understood it that it’s going to be for the growth of the community. That’s what our interest is
for the growth of the community. No, I grant you there were other issues that were brought out
earlier and those are significant issues. And they have to be addressed at the proper time and the
proper place. But just dealing with that it’s just that node and I’ve looked at, there’s an area over
in, and forgive me but I can’t think of the name of the area but it’s right across the bridge, I think
it’s but the courthouse in North Augusta, the new courthouse. Over back over in there, there’s
some beautiful homes ---
Mr. Bowles: Hammond’s Ferry.
Pastor Scott: --- yes, beautiful and if we all could see that and see the possibility that we
could have this over here in our community. The type, the style everything is controlled zone ---
Mr. Mayor: Yes, ma’am.
Pastor Scott: --- to be that way, the space between the houses the size of the homes is
lovely for a historic district. So as I was saying, all of us we’re in agreement with that. And I do
have some things we want clear for but that is not a part of this particular overlay.
25
Mr. Mayor: Yes, ma’am.
Pastor Scott: So the Laney-Walker Neighborhood Association is and the neighborhood
itself everyone I’ve talked to everyone has called me my phone has rung off the hook is in
agreement. Now as I said I’m not against the other presentations. Those things are further on.
But as far as this is concerned there’s nothing to hurt the community it’s only to help it. It’s to
protect those that’s going to be investing and buying houses in that are, it’s going to protect those
that are in those homes and those that, the main concern we had was for the elderly and their
fixed incomes. That has been addressed as well. And those on those fixed incomes those elderly
people their needs are going to be met. So we were satisfied and we ask for continually working
together that somebody from our community the neighborhood the Laney-Walker Neighborhood
Association as well as Bethlehem Center would be on the committee with you all so that we
would know and would be able to get this information out on any future work. And my
conclusion was we decided to continue to work with you as you work with us so we can have the
premiere community in Augusta and Georgia. Thank you, sir.
Mr. Mayor: Thank you, ma’am and Pastor Scott, could you state your name and address
for the record just for the?
Pastor Scott: Yes, I am, my name is Eileen Scott and live at, what did you want from
me?
Mr. Mayor: Your address.
Pastor Scott: All right. 28 Park Place Circle Augusta, Georgia, area code 30909. My
interest is in the Laney-Walker Neighborhood, I’m a Pastor in the neighborhood, I run two
camps in the neighborhood every summer and that’s my old stomping ground. Okay, thank you.
Mr. Mayor: Thank you, ma’am. And I’ll just make a quick statement then I’m going to
go to Reverend Hatney. I think we’ve got a similar situation to you know now we have the
legacy of Walton Oaks down on Sand Bar Ferry Road and I know that people naturally resist
change. But now that that’s up and running you speak to there’s an article in the paper on
yesterday I believe where a lady said I wake up every morning and I feel like I’m in Heaven
now. So that’s, I understand the resistance to change but thank you for speaking up.
Commissioner Hatney.
Mr. Hatney: Mr. Patty? Please, sir. Can I, two questions. Question number one, what
would this allow a developer to do that they can’t do now?
Mr. Patty: It wouldn’t allow a developer to do anything ---
Mr. Hatney: That he can’t do now.
Mr. Patty: --- that he can’t do now.
Mr. Hatney: Okay so ---
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Mr. Patty: It would limit the developer from initiating certain commercial uses that are
not on that list that are allowed by the basic zoning. Nightclubs, car lots, liquor stores things like
that that they don’t want anyway.
Mr. Hatney: The other question is one of the things that’s got me concerned about this is
that you were mentioning that how we want our communities to look like heaven. And I do
remember it when they started building those homes on Pine Street. The first one that they
showed the asking price I believe was 260 or 280. Now we’re going to reserve historically a
community where those folks who grew up there can go back and if these are the kind of houses
you’re trying to build we’ve got problems.
Mr. Wylds: Commissioner Hatney, if I may.
Mr. Mayor: Okay, Mr. Wylds.
Mr. Wylds: The home that Commissioner Hatney is referring to is our model home
which is not for sale. The price range of the homes that we sold so far on Pine Street started at
129 and went up to about 146. And we have models that will be available that will start for
under $100,000.
Mr. Hatney: I understand that but when you say it’s not for sale what are you going to do
take it off the market or did you try to sell it when nobody would buy it?
Mr. Wylds: No, we never tried to sell it.
Mr. Hatney: Well, somebody’s living in it then. I ain’t calling you a liar now. There’s
two three folks, wait a minute. You dropped it from where you started down to under $200,000
at one time. You were actually trying to sell it.
Mr. Wylds: Well, it’s ---
Mr. Hatney: You’re talking about my community now.
Mr. Wylds: Yeah, well, it’s our own ---
Mr. Hatney: You’re talking about my community now.
Mr. Wylds: Okay, well, it’s something I ---
Mr. Hatney: Well, you’re just joking then.
Mr. Wylds: No, sir, it’s something I work with every day.
Mr. Hatney: But you understand what I’m saying, Mr. Wylds. I’m not trying to be cute
here.
27
Mr. Wylds: No, I know that.
Mr. Hatney: If the first house you build and show as your model is the price you’re
asking for $260,000 or more dollars? If that’s you’re model even if you’re trying to sell it or not
that’s the model. The model says to me then that’s what we’re going to be doing. That’s all I’m
saying.
Mr. Wylds: Yes, sir, I understand and I respect that.
Mr. Hatney: This is mind boggling to me that we have to go through all these changes if
there’s nothing the developer cannot do now without this. And, Mr. Patty, one more question.
Do you really understand what it means?
Mr. Patty: Sure.
Mr. Hatney: Absolutely you’re, what does it mean?
Mr. Patty: Absolutely.
Mr. Hatney: Absolutely.
Mr. Patty: What it means is it comes down to less than a paragraph for future land uses --
Mr. Hatney: Future land use.
Mr. Patty: After this effective date ---
Mr. Hatney: Okay.
Mr. Patty: --- are limited to what you see on that list.
Mr. Hatney: Okay. Okay.
Mr. Mayor: Okay. Commissioner Lockett then Commissioner Guilfoyle then
Commissioner Mason.
Mr. Lockett: Thank you. Mr. Patty, don’t leave yet. You know, Mr. Mayor, you
indicated that some people resist change. They resist change when they are not informed, when
they are left out of the loop. Had the proper meetings been held with the people of Laney-
Walker if they had the information back then that they obviously have now we could’ve avoided
a lots of this stuff. You know because how would they all of them be against something one day
and then there are a couple of meetings and everybody’s for it the next day? And I don’t an
answer but what I would like to ask you this question the gentleman and the young lady Mr.
Gray, Ms. Mathis they gave an outstanding presentation and I would like to know what is it they
said that was not true?
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Mr. Patty: Well, unfortunately I don’t have the kind of memory that can go point by
th
point what they said. But I will tell you notice was sent, notice was sent of October 4. It was
possibly a little short on content as far as what was proposed so a second notice went out that has
thth
the uses shown there on October the 12. October 12 every owner in that area got a written
notice about what was proposed. ADP held four meetings ---
Mr. Mayor: APD.
Mr. Patty: --- APD I’m sorry APD had four meetings trying to explain this. There were
a lot of back and forth at those meetings. There was a lot of discussion about crime and drugs
and prostitution and it was very hard to keep this meeting on point. But I thought it was done
and we recognized that the problem that there was misunderstanding so we tried to clarify it by
adding the introductory paragraph you see up there. Yeah, overlay zoning like I’ve said twice,
three times now, is balance of interest. It’s not a perfect tool but it’s the only tool that anybody
in this country uses to regulate land uses. There are different forms of it but most of it comes
back to something that’s approved by the Supreme Court in 1926. It ain’t changed a whole lot
since then. It can over on people if you don’t have people like me to try to balance interests and
look out for the public and be fair. But I think in Evans maybe it did to be honest with you.
There’s a lot of regulation of building materials and design and it went way out through a
distance from the town center. And I’ve heard from a lot of people they felt like it was sort of
over the top.
Mr. Lockett: Mr. Patty, my last question is this. Would anyone be able to come in and
ask for an exception to the zoning policy?
Mr. Patty: The only thing, if you look at the last asterisk up there it says ‘permitted uses
that are not specified in the neighborhood list must be approved by the Planning Commission’.
What that means is that somebody might come in with something on this list from A-S as far as
commercial uses that would be very similar as one of these uses but it’s not listed. It would be a
soft commercial use like, I can’t think of one right now, say an art store or an art gallery, I don’t
that on here. They might come in and say I want to do an art gallery. It isn’t on the list and the
Planning Commission would have to hold a public hearing, put a sign up and make a decision
based on what they hear. So I think the protection’s here, there’s no ulterior motive here, there’s
nothing sinister about this. I just you know note your conditions. That’s all I can tell you.
Mr. Mayor: Commissioner Guilfoyle.
Mr. Guilfoyle: Yes, George, I think we need to step back a couple steps because the lady
and the gentleman who spoke earlier they’re not convinced. Did we reach out and explain it to
them under this is there properties. Under Section 25.9 there’s nothing to validate it within the
documents under land use. We selling them a bill of goods and I’m knocking you whatsoever by
any means. It’s just when these people, the residents is concerned about the property what is
going to happen? I ended up pulling up on the internet overlay. It is a protection of a
neighborhood what goes in what comes out. It’s actually a good thing. With this overlay we
29
keep using a term Bethlehem, Laney Bethlehem Overlay and it encompassed the 26 areas or
nodes or whatever you want to call it. But this section here is only talking about W-4?
Mr. Patty: Right.
Mr. Guilfoyle: That’s the information that we need to relate to the people because it’s the
understanding I know you sent out two letters but the two letters that went out was it just under
the W-4 district or was it all the 26?
Mr. Patty: It was the W-4 district which is subject to this application and that’s what’s
required by law.
Mr. Mayor: Okay.
Mr. Guilfoyle: But the 25.9 that’s never been ---
Mr. Patty: We were given two documents. In an effort to explain overlay zoning and
they came for APD so I’m going to let them address it. They explained what overlay zoning is
how it might be applied to Laney-Walker. I realize that might have created some confusion on
the front end. I don’t think it was intentional, maybe it was but they can answer that. But I can
assure you that during the four meetings that were held beginning in mid-October and ending last
Thursday night there were plenty of opportunities for this to be clarified if people were interested
in knowing the truth.
Mr. Guilfoyle: Right.
Mr. Patty: And if they don’t know it now I ---
Mr. Mayor: Pastor Scott, you wanted to respond to that question?
Pastor Scott: First of all, the overlay just dealt with a small section. All of us had
questions concerning that. We all had questions concerning what the properties are going to, tax
costs is going to be for each piece of property owner in there. We had concerns about a number
of things that have been addressed just for that small area. And from what I understand this is
what satisfied me, the zoning presently as we see it now has accomplished what that area is
presently looking like. The present zoning has brought about the present conditions that are
existing now in the Laney-Walker/Bethlehem area. Those zoning laws. Anything can go in
there the zoning laws right now. And what I understand about this and if I’ve been deceived I
will be the first to rise up and say listen we need to take this back to the table. But if I
understand this correctly the new zoning laws that are coming in I don’t have any personal
relationship with this man here or anybody else. You know I’m for what’s for the community.
But if this present package laying on top of what’s already existing is going to increase the value
of the property in the community protect the property already existing, stop some of the things
that are capable of coming in right now and that’s clear on the package Mr. George Patty
presented to us last Thursday night with the addendum. If that’s the package that you all are
voting on today nothing more nothing less ---
30
Mr. Mayor: Yes, ma’am.
Pastor Scott: --- and nothing else can go in there unless they come before the Planning
Commission and this body here ---
Mr. Mayor: Yes, ma’am.
Pastor Scott: --- then there’s nothing wrong with it from my perspective. And I want the
best ---
Mr. Mayor: Hey, sir, this is not a court of law and you were given your opportunity to
speak.
Pastor Scott: I’m not trying to fight the community.
Mr. Mayor: No, ma’am, I understand.
Pastor Scott: I’m not trying to do that. We’re all together.
Mr. Mayor: I understand.
Pastor Scott: We agree to disagree.
Mr. Mayor: Okay. Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. Obviously there’s some compassionate discussion
going on and that’s okay. I mean that’s all right to disagree as long as we can come to some sort
of agreement at some point. What I’m unclear about though is why the haste and what has gone
on that in my mind that I’ve got to be clear on as a Commissioner voting on this that we’ve done
our due diligence to insure that as much as we possibly can and people have a level of
understanding. With all I’m getting to understanding if you don’t have that you don’t have
anything. So clearly we have some individuals that live in the community that have some issues.
And I’m not going to take that lightly and dismiss that. On another note I think we need to be a
little bit more respectful in terms of using the terminology resistance to change. We seem to
throw this term our every time we want to pass something and we want to pass something
quickly. And when we have some concerns about it we get people throwing out this term
resistance to change. Nobody’s resisting change. I think it’s a great concept. It’s a concept
that’s used across the United States. But it’s how we present this concept and our due diligence
in presenting this concept that makes sense. What doesn’t make sense to me though is to do it
rushed and to do it hurried and to maybe get something mixed up in the process as we have done
so often up on this Commission on other issues. So from that standpoint this has nothing to do
with resistance to change. What it has everything to do with being meticulous and attention to
detail to make sure that what I call the devils in the details and the details aren’t told to you, you
can’t get the devil out of it.
31
Mr. Mayor: Okay, we and before we go on and I’ll listen, we’ll recognize more
Commissioners. You know we try to talk about consistency here and today we’ve gone with the
recommendation with Planning and Zoning we’ve got with the request of the neighborhood that
was before us. My personal opinion is we should do the same thing on this agenda item. You’re
never going to please everybody. Commissioner Johnson.
Mr. Johnson:
Thank you, Mr. Mayor. I do agree that I think this is a great plan for that
community. And I too grew up in that area and I do have a vision. I think this is embracing for
that particular area. I think due to the concern of some of the citizens there as they stated today
there is some concern and they would like to have a little bit more time to have a little more
And as a
dialogue about this to be assured that they know exactly what’s going to take place.
result I’d just like to offer a motion to just give us another, what, 30 days
or you know
revisit this matter throughout that particular time to make sure that we they have a full
understanding what it is and we’re very knowledgeable about what’s actually taken place so we
can articulate that to people that may call us. I don’t know if anybody would like to entertain a
second on that.
Mr. Smith: I second the motion.
Mr. Mayor: Okay, we have a motion and a second. Commissioner Bowles.
Mr. Bowles: A question for George. George, one of the things that was brought up
earlier was that our Master Overlay Ordinance specifies that the design standards must be
completed.
Mr. Patty: There is nowhere in this ordinance that says that. I’m looking at it right now
and I would love to have somebody show me where it says that. It does say that a complete
application’s got to be provided. It doesn’t say and the word design is probably not in this
ordinance.
Mr. Mason: Mr. Mayor?
Mr. Mayor: Commissioner Mason.
Mr. Mason: Uh, my final, well, let me do this because I’d really like to defer to
Commission of the district because I haven’t anything from him yet.
Mr. Mayor: Would you like to speak Commissioner Aitken?
Mr. Aitken: Yes, sir, I would. I think ample time’s been given to the neighborhood to
come together. And I think with the four meetings that have been held and I do want to thank
George and Chester’s department for coming out and doing that. As we learn to grow this city
this district is and engine for a lot of what’s going on in the city. Just recently I had DDA come
and Tom Beck come as well Dayton Sherrouse come give an update on all what’s going on in
District 1 along the Laney-Walker area. And some of the residents really didn’t understand all
that’s fixing to take place in that areas as far as canal re-watering, the park redo as well as the
32
landscape that’s going on, on James Brown Boulevard. So I think as we look at where we’re
going to move forward, our departments are not here to undermine where we’re going as a
community. And I think we really need to take a check and look at where we’re going. And
gentlemen we do have the authority to change things as we do but if we don’t never try nothing
and we continue to stay where we’re at I think the facts have been laid out, the community
supports it, this Commissioner for the district supports the community neighborhood association
for us to move forward. So with that being said I would like to make a substitute motion that we
pass this motion today and we move this progress forward.
Mr. Mayor: We have a substitute motion. Is there a second?
Mr. Jackson: I’ll second it.
Mr. Mayor: Okay, we have a substitute motion and a second. Commissioner Johnson.
Mr. Johnson: Mr. Mayor just for clarity I would just like to make sure for the
record that that would be the first meeting in January
due to the holiday season. So that way
we’ll be ready to vote on it at that particular time.
Mr. Mayor: Okay we, let’s can I we, we have a motion and a substitute motion so can we
dispense with the motions, please, ma’am.
Mr. Lockett: Mr. Mayor, I vote for a roll call vote, please.
Mr. Mayor: Okay, if there’s no further discussion then we will vote on the substitute
motion to approve with a roll call vote.
The Clerk: Mr. Aitken, on the substitute motion to approve.
Mr. Aitken: Yes.
The Clerk: Mr. Bowles.
Mr. Bowles: Yes.
The Clerk: Mr. Brigham.
Mr. Brigham: Yes.
The Clerk: Guilfoyle.
Mr. Guilfoyle: No.
The Clerk: Mr. Hatney.
Mr. Hatney: No.
33
The Clerk: Mr. Jackson.
Mr. Jackson: Yes.
The Clerk: Mr. Johnson.
Mr. Johnson: No.
The Clerk: Mr. Lockett.
Mr. Lockett: No.
The Clerk: Mr. Mason.
Mr. Mason: Definitely not.
The Clerk: Mr. Smith.
Mr. Smith: No.
Motion fails 4-6.
Mr. Mayor: Okay, we have a primary motion to delay the further discussion of this to the
first meeting in January. Correct, Madam Clerk?
The Clerk: Yes.
Mr. Mayor: Commissioner Johnson.
Mr. Johnson: Actually what we’re doing within this time frame we’ll take time to make
sure we educate the people on what is going on including ourselves. And the first meeting in
January we should be ready to vote.
Mr. Mayor: Okay. The agenda item will be placed the motion is to place the agenda
item on the first meeting in January agenda and to educate the public and ourselves between now
and then? Okay, if there’s no further discussion the Commission will now vote by the usual sign
of voting.
Mr. Aitken and Mr. Jackson vote No.
Motion carries 8-2.
Mr. Mayor: Okay, Madam Clerk, on to the next agenda item.
The Clerk:
34
PLANNING
30. Z-11-50 – A request for concurrence with the Augusta Planning Commission to deny a
petition by Velma Yax, on behalf of John Moore, 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 .33 acres and is known as
1618 Bryn Mawr Avenue. Tax map 057-4-156-00-0 DISTRICT 2
Mr. Mayor: Mr. Patty:
Mr. Patty: This is a 1300 square foot house with three bedrooms and one bathroom. The
applicant wants to keep four tenants or patients in the house and provide staff service to them.
The Planning Commissioners felt there was evidence presented about crime in the area and other
things that were sufficient to result in the denial.
Mr. Mayor: Okay, do we, gentlemen, y’all have a preference?
Mr. Jackson: Motion to deny.
Mr. Lockett: Second.
Mr. Bowles: Mr. Mayor, are we denying?
Mr. Mayor: Yeah.
Mr. Bowles: Are we approving the denial?
Mr. Mason: Right, we’re denying the approval.
Mr. Brigham: Mr. Mayor, I still think we ought to hear from the petitioner.
Mr. Mayor: Okay, we have a motion and a second but if we could hear from the
petitioner. Is the petitioner here? Okay. And if there’s any opposition here we will hear from
them as well.
Mr. Moore: I’m John Moore ---
Mr. Mason: In the mike if you could, please.
Mr. Mayor: If you could speak into the microphone, please, sir.
Mr. Moore: I’m John Moore. I’m the owner of the property and the property right now
because I’ll be honest with you. I’ve had some vandalism from things that I own myself at the
property and there’s been as many as eight to ten people living on this property. I’ve seen the
personal care home that Mrs. Yax has and I see how well she keeps the property. And the people
that lives in that area or on that street they’ll tell you what I’m saying is true. It is absolutely
nothing but a plus to have the patients there at the home. The state is going to require that the
35
property even be brought up to a higher level and now we’re going to have three of four possible
people there. So in my opinion it’s nothing but a plus for the neighborhood all the way around as
opposed to having eight or ten people there and the property going down because so many
people staying in the house. So I truly welcome to have it a personal care home.
Mr. Mayor: Okay, thank you, sir. And do we have anybody here in opposition who
would like to speak.
Mr. Mayor: Yes, ma’am.
Ms. Speaker: My name is Velma Yax. First of all I want to say that when I went to
zoning meeting, I incorrectly said I would have four but I will be having three. And that’s why
I’m here to get that correct.
Mr. Mayor: Okay. Mr. Patty?
Mr. Patty: She could set this up where one of these patients would be the primary
occupant and then they in turn could rent rooms to the other patients. That’s the legal way to set
one of these up. And I’m sort of showing our hand here but that’s the legal way to set it up. It
avoids the law that says you can only have two. She can do that without the zoning.
Mr. Mayor: Okay, would anybody like to ---
Mr. Hatney: --- come in here?
Mr. Patty: Yes.
Mr. Hatney: Okay.
Mr. Patty: That’s, I mean that’s you know that’s not something we broadcast to be
honest with you. Based on what I’m hearing tonight y’all want me (unintelligible) we’ll start
tomorrow.
Mr. Mayor: So with the zoning it has we don’t need the change in zoning.
Mr. Patty: If she wants us to set it up that way, no. If she, if they can set it up that way
then there’s a way to do it and they can do three.
Mr. Mayor: Talk amongst yourselves. Okay.
Mr. Johnson: Mr. Mayor?
Mr. Mayor: Yes, sir. Commissioner Johnson.
Mr. Johnson: I would just like to state that if that is the case and you all can set it up that
way then we can withdraw this and then you guys can work out the details of it. And that way it
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go against you as far as being denied. So if it’s the will we can just go ahead and just withdraw
this matter.
Mr. Mayor: Could you get ---
Mr. Hatney: Receive it as information.
Mr. Smith: Second.
Mr. Mayor: Substitute motion to receive it as information?
Mr. Hatney: Yes, sir.
Mr. Brigham: I don’t think that suffices, Mr. Mayor.
Mr. Johnson: I think we have to withdraw that.
Mr. Mayor: Mr. Attorney.
Mr. Hatney: Didn’t Mr. Patty say that they could this without coming down here?
Mr. Mayor: Hang on. But the properly dispose of the agenda item legally is what I’m
looking for.
Mr. McKenzie: One way to resolve this item would be if the applicant would like to
voluntarily withdraw her application and it wouldn’t be pending before the body. If it is pending
before the body then the body is obligated to make a decision on the application that was made.
Mr. Mayor: Okay, ma’am, would you like to voluntarily withdraw your application?
Ms. Yax: Yes.
Mr. Mayor: Okay, thank you, ma’am. So we have the substitute motion to receive it as
information. If there’s no further discussion we have ---
Mr. Jackson: Motion to accept the withdrawal.
Mr. Hatney: We accept the withdrawal.
The Clerk: Okay, I need a second.
Mr. Johnson: Second.
Mr. Mayor: Okay, we have a motion and second. Commissioners will now vote by the
substitute sign of voting.
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Motion carries 10-0.
Mr. Hatney: Go in peace my dear and say no more.
Mr. Mayor: Okay, Madam Clerk, next agenda item.
The Clerk:
ADMINISTRATIVE SERVICES
31. An Ordinance to Amend the Augusta, GA Code Title One Article Four Section 1-7-51
Relating to the Adoption of Personnel Policies and Procedures of Augusta, Georgia; To
approve edits to the Personnel Policies and Procedures Manual; To Repeal All Code
Sections and Ordinances and Parts of Code Sections and Ordinances in Conflict Herewith;
To Provide an Effective Date and For Other Purposes. This Code amendment does not
address changes to the employee disciplinary appeals process nor changes with respect to
the authority of the Administrator. (Requested by Commissioner Joe Jackson)
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I just want to take a moment to speak about my
disgust the way this particular agenda item was done. I was queried about as being Chairperson
of Administrative Services holding a work session so that we could review 18 pages of changes
to the Personnel Policies and Procedures Manual and that was done. And at the same time we
indicated that HR and whomever to be given an opportunity to make those changes and then we
would put it on the Administrative Services Committee to look at it before it comes to the full
Commission. Now I read the information on this agenda item and a good percentage of the stuff
was on there recommending changes to be made what was discussed during the work session.
And what I need to know is, Mr. Mayor, you talk about us working together as a group. This is
the kind of stuff that divides us. I mean you’re just going to jump up and put something on my
committee’s agenda, don’t say anything at all to me about it ---
Mr. Mayor: You’re saying you as in me?
Mr. Lockett: No, what I was saying you and I had the conversation about working
together, team spirit and so forth. And I was just casually saying to you this is some of the things
that prohibit that from happening.
Mr. Mayor: Well, I’ll tell you Commissioner Lockett I learned a long time ago. I can’t
legislate the behavior of grown folk.
Mr. Lockett: Okay, well, my recommendation is this. Proper procedure wasn’t used,
some of the changes listed here have to be incorporated and it wasn’t discussed at all and I read
the whole thing. I don’t see any degree of urgency and I would hope that this body will send this
back to the Administrative Services Committee as was recommended during the work session
that we had. Thank you.
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Mr. Mayor: Commissioner Jackson.
Mr. Jackson: Thank you, Mr. Mayor. Out of no disrespect, Mr. Lockett, I don’t think
you voted for any of these changes or Policy and Procedures Manual. And, you know, trying to
get the elected officials on board with the Policy and Procedures Manual is what was this was
attempt to do this. And I understand that it’s been a divide. And it’s going to continue to be a
divide and you know how many meetings have we had and we stalled, redone, redid. You know
at some point in time the elected officials want to come forward and join in with this Policy and
Procedures Manual under the Augusta Richmond County Code. There is no controversy items in
this agenda item. And I know that from the beginning you’re not going to support it from now
So you know my motion is to approve it and let the chips fall where
until the courts decide.
they may.
Mr. Lockett: Mr. Mayor, if I may please.
Mr. Mayor: Is there a second on that motion?
Mr. Bowles: I’ll second.
Mr. Mayor: Okay, Commissioner Lockett.
Mr. Lockett: During the work session we did not vote. We had a discussion on what we
should do. Now I read this thing and I studied this and I know what it is. Some of you are trying
to back up and take corrective actions for mistakes when you approved the Policy and
Procedures Manual. This is what happening. It’s right there in plain sight. SES 4, let’s limit the
severance pay package because somebody might leave and we may end up having to pay them a
half million dollars. Thank you, Mr. Chairman.
Mr. Mason: Mr. Mayor.
Mr. Mayor: Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. Clearly the type of attitude of voicing of opinion
that Mr. Jackson displays is potentially the reason why we’re at right now today. Let the chips
fall where they may. That’s probably not the appropriate in my mind, not the appropriate steps
to take because when we say let the chips fall where they may that’s what’s got us into about 18
pages worth of changes. So from that aspect whether we vote for it or whether we don’t the only
thing that we’ve said all along is that just follow your own policy and procedure that you did
vote for which has not been done. And so now a number of things that these 18 pages worth
we’ve been talking about for nine months and we weren’t adhered to. There was no viable
reason at that point I guess for anyone to pay attention to what we were saying. Now those same
things that we’ve been saying over nine months which created these 18 pages worth of changes
is where we’re at today because of lack of involvement of everybody on this Commission. So
here we go again today with lack of involvement with the disrespect in my opinion shown to the
Administrative Services Chair. Whether again, whether we vote for it or not we’re trying to put
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in the most appropriate language regardless of the fact to whether I agree with it or whether I
don’t. And at the end of the day we’d just like for you to follow what you approved.
Mr. Mayor: Commissioner Jackson.
Mr. Jackson: Mr. Mayor, you know, there’s only one perfect document that I know of
and that’s the Holy Bible. And it’s up for debate as well. So you know things can be changed
and amended as we go. That’s all I have.
Mr. Mayor: Commissioner Guilfoyle.
Mr. Guilfoyle: Yes, I just want to clarify. I was the one who put on the policy manual to
change the SES Employees Severance Package because of one reason. Before that policy
manual was in effect it coincided with other municipality’s city’s this size it was a six month
max on if you fired somebody or if you quit. In our policy book which we all knew that things
had to be changed and a lot of changes was done on behalf of Mr. Lockett working with our HR
Department and now it’s being thrown back up. But as far as the SES 4 I was the one that did it,
I’m doing it to protect the taxpayers not to, for future attorneys or administrators. We’ve got to
be equal with other cities and that’s the reason why that was put in.
Mr. Mayor: Okay, we have a motion and a second.
Mr. Mason: What’s the motion, Mr. Mayor?
Mr. Mayor: To approve. Mr. MacKenzie.
Mr. MacKenzie: I just want to make sure a point of clarification. I believe a supplement
was added to this. I just wanted to make sure the record reflected this to approve the supplement
that was distributed at the beginning of the meeting as well.
Mr. Lockett: Mr. Chairman?
Mr. Mayor: I believe, Commissioner Lockett, I’ve recognized you twice.
Mr. Lockett: I know you have but he’s talking about adding something to it that we
haven’t had an opportunity to read. That was given us during the course of this meeting. You
think that is fair and above board?
Mr. Mayor: Mr. Lockett, I’ve recognized you twice.
Mr. Mayor: Okay, Mr. Mayor, thank you again.
Mr. Mayor: Okay, we have a motion and it’s been properly seconded. If there’s no
further discussion Commissioners will now vote by the usual sign of voting.
Mr. Aitken, Mr. Johnson, Mr. Mason, Mr. Lockett and Mr. Hatney vote No.
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Motion ties 5-5.
Mr. Mayor: Just for clarification Mr. MacKenzie, how many votes did that take to?
Mr. MacKenzie: It takes six affirmative votes. I mean the Mayor would have an option
to break the tie.
Mr. Mayor: Okay. Can you set me up? If it takes too long, we’ve been here awhile I can
just. Number 11. Voting in the affirmative.
The Mayor votes Yes.
Motion carries 6-5.
Mr. Mayor: Madam Clerk, next agenda item, please.
The Clerk:
FINANCE
33. Task the Administrator with utilizing the procurement process to solicit the services of
an outside forensic auditing firm to perform an audit of the city’s finances and contractual
obligations. The audit must include but no be limited to the following: (a) TEE Center
Parking Garage/Land Acquisition/Associated Leases/Financing, (b) Utility Department
Water Rates for Golf Courses/Other Special Agreements, (c) Environmental Services
Division, (d) Augusta Transit Department Privatization, (e) Augusta Municipal Golf
Course Privatization, (f) Retroactive Pay Increases, (g) SPLOST Fund Projects, and (h)
Land Bank. (No recommendation from the Finance Committee November 7, 2011)
Mr. Mayor: Mr. Jackson.
Mr. Jackson: Motion to deny.
Mr. Brigham: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign of voting.
Mr. Mason, Mr. Lockett and Mr. Hatney vote No.
Motion carries 7-3.
Mr. Mayor: Madam Clerk, on to the final agenda item.
The Clerk:
ADMINISTRATOR
34. Motion to approve the adoption of the Budget Resolution regarding FY 2012 proposed
ARC Budget.
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Mr. Lockett: Mr. Mayor I move to adjourn.
Mr. Mason: Second.
Mr. Brigham: Uh, Mr. Mayor? Never mind. Yeah, we got to vote on it but there’s no
debate.
Mr. Hatney: No argument for the motion to adjourn.
Mr. Mayor: But ---
Mr. Brigham: Roll call vote.
Mr. Mayor: --- just, no ---
Mr. Hatney: No argument with that.
Mr. Mayor: Mr. MacKenzie, is that a non-debatable motion?
Mr. McKenzie: Yes, it is.
Mr. Mayor: Okay, I just, before we leave here we have got to have a budget approved by
---
Mr. Brigham: Roll call vote.
Mr. Mayor: --- by what date? I mean I’m just trying to make sure that this doesn’t throw
us off in this ---
Mr. Bowles: If it’s non-debatable we still have to vote to adjourn.
Mr. Brigham: Let’s vote.
Mr. Bowles: Let’s see if we have six votes to adjourn.
Mr. Hatney: You don’t have to vote on an adjournment.
Mr. Mayor: Mr. MacKenzie?
Mr. MacKenzie: A non-debatable motion means you would vote on the motion to
adjourn. If the vote fails then won’t adjourn which means then you then take up item 34.
Mr. Mayor: Okay a motion has been made to adjourn. Commissioners will now vote by
usual sign.
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Mr. Brigham: I called for a roll call vote.
Mr. Mayor: Roll call vote, please.
The Clerk: Mr. Aitken.
Mr. Aitken: No.
The Clerk: Mr. Bowles.
Mr. Bowles: No.
The Clerk: Mr. Brigham.
Mr. Brigham: No.
The Clerk: Guilfoyle.
Mr. Guilfoyle: No, ma’am.
The Clerk: Mr. Hatney.
Mr. Hatney: What do you want me to do? I’m leaving.
The Clerk: Mr. Jackson.
Mr. Jackson: No.
The Clerk: Mr. Johnson.
Mr. Johnson: Yes.
The Clerk: Mr. Lockett. Absent. Mr. Mason. Mr. Smith.
Mr. Smith: No.
Mr. Bowles, Mr. Brigham, Mr. Smith, Mr. Jackson, Mr. Aitken and Mr. Guilfoyle vote No.
Mr. Mason, Mr. Hatney and Mr. Lockett out.
Motion fails 1-6.
Mr. Brigham: Move we approve the budget as last presented.
Mr. Jackson: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign of voting.
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Mr. Johnson votes No.
Mr. Mason, Mr. Lockett and Mr. Hatney out.
Motion carries 6-1.
Mr. Mayor: Madam Clerk, I believe that disposes of our agenda items.
The Clerk: Yes, sir.
Mr. Mayor: If we have nothing further to come before the body 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
November 15, 2011.
______________________________
Clerk of Commission
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