HomeMy WebLinkAboutRegular Commission Meeting February 21, 2012
REGULAR MEETING COMMISSION CHAMBER
FEBRUARY 21, 2012
Augusta Richmond County Commission convened at 5:00 p.m., February 21, 2012, 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 Sam Tanksley, Associate Pastor, Mt. Vernon
Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Okay, in the interest of time I’ll go ahead and call the meeting to order. And
I’d like to open the meeting with a moment of silence for Travis Freeman, a city employee who
worked at the Blythe Community Center and who passed this past Saturday. Please join me in a
moment of silence. Thank you. And I’d now like to call on Reverend Sam Tanksley, Associate
Pastor of Mt. Vernon Baptist Church, for our invocation. Please stand. And, Reverend, if you
could please come forward I have a little something for you. Thank you for that wonderful
invocation.
Mr. Mayor: Office of the Mayor. By these present be it know that Reverend Sam
Tanksley, Associate Pastor of Mt. Vernon Baptist Church is Chaplain of the Day. For his civic
and spiritual guidance demonstrated throughout the community. Serves as an example for all of
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the faith community. Given under my hand this 21 Day of February 2012. Deke Copenhaver,
Mayor. Thank you, sir.
(APPLAUSE)
Mr. Mayor: And, Madam Clerk, before we move on to the recognitions I just wanted to
take a quick point of personal privilege to thank each Commissioner individually for
participating in the retreat last week. I think it was our shining moment really and it really
proved what could happen when we work together for the betterment of the community of the
whole side. So I just wanted to take this moment to say thank you to each of you. Madam Clerk,
on to the recognitions.
The Clerk:
RECOGNITION(S)
B. Recognition of the recipients of the Police and Fireman’s Insurance Association “Hero’s
Hall of Fame Award” Sgt. Daniel Rigdon and Firefighter Phillip Furlani relating to a
response to a structure fire call in December 2010 resulting in a search and rescue which
saved a citizen’s life.
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The Clerk: Yes, sir, Mr. Mayor and members of the Commission. At this time we ask
Chief Chris James to come forward in recognition of the Hero Hall of Fame Award to Sgt.
Daniel Rigdon and Firefighter Phillip Furlani. Are they here in the chamber? Mr. Mayor and
Mr. Jackson? You want me to read what happened? Okay.
The Clerk: On December 18, 2010 at 23:13 hours a structure fire was in progress at a
single story masonry block duplex located in Augusta, Georgia inner city. Engine 235 Aerial
Truck 1 and Battalion Chief 901 responded. Engine 5 was first to arrive on the scene with heavy
smoke and smoke billowing from one residence at a side of the structure. Residents from the
unaffected side of the duplex had already self-evacuated. Engine 5 immediately deployed a 1 ¾
hand line through the front door of the involved residence while simultaneously establishing a
supply line. Engine 2 arrived on scene and was directed to perform a preliminary search. While
Engine 5 sought to contain the fire in the living room Sgt. Rigdon and Firefighter Furlani
members of Engine Company 2 entered a side of the duplex via the front door and began a right
hand search in near zero visibility and intense heat conditions. The occupancy was inundated
with many pieces of furniture and other items which added to the already challenging
circumstances. Sgt. Rigdon and Firefighter Furlani searched every room staying as low to the
floor as possible. Upon sweeping the inner perimeter a crew came across a bed in one of the
rooms along the ‘B’ side of the structure. At that moment they noticed a pair of legs dangling
over the end of the mattress. Immediately Sgt. Rigdon radioed to the Incident Commander that a
victim was discovered and requested an EMS unit. Then Firefighter Furlani positioned himself
at the victims head and supported him under his arms while Sgt. Rigdon carried the man at his
knees. By now the heat and smoke had gradually begun to dissipate due to the action of the
attack crews. Under still obviously challenging conditions the search crew managed to
successfully exit the structure with an unconscious yet breathing individual. Other firefighters
rapidly assisted in moving the victim away from the residence and provide basic life support
under the ambulance arrival. Ultimately the ambulance transported the survivor to a local burn
unit for recovery.
(APPLAUSE)
Chief James: For their actions they will be receiving the police and fire Hero’s Award
which is in route now. The guys are bringing the award right now. But any opportunity we get
to present our firefighters, our city police that are doing an outstanding job on a regular basis
which we truly want to take advantage of. When we slip, when you hear about that and we
definitely want you to hear when we have employees like these that are there every day. We
never hear about them, we never see them and they’re doing an outstanding job every day that
they come to work. And so I just want to make sure that they’re recognized and then again
please let’s just give them a round of applause.
(APPLAUSE)
Mr. Mayor: And I’ll just briefly one of the things we discussed at the Commission
Retreat last week was to set as our goal excellence in service. I think this is a fine example of
how our city employees are providing excellent service to the community. And often times as
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Chief James has mentioned sometimes that excellence in service goes unnoticed. So I just want
to say thank you again.
(APPLAUSE)
Mr. Jackson: I just want to say as part of Public Safety that thank you for doing it. We
have a lot of unsung heroes and today truly exonerates what you’ve done and what you’re
willing to do for our community. So thank you very much.
(APPLAUSE)
The Clerk:
RECOGNITION(S)
A. Mr. Jerome Mitchell, Crew Leader, Augusta Utilities, December Employee of the
Month.
The Clerk: Mr. Mason, would you like to join in this presentation of our December
Employee of the Month? Mr. Tom Wiedmeier, along with the recipient Mr. Jerome Mitchell.
Would you please join the Mayor and the Commissioner? Are there other members of the
Utilities Department who would like to join in this recognition please feel free to come forward.
The Clerk: Dear Mayor Copenhaver. The Employee Recognition Committee has
selected Jerome Mitchell as the December 2011 Employee of the Month for the City of Augusta.
Jerome Mitchell is employed as a Crew Leader with the Augusta Utilities Department. He has
been employed with the city for over seven years. Mr. Mitchell was nominated for Employee of
the Month by Mr. Jody Crabtree who is Asset Manager for Augusta Utilities Department.
Jerome Mitchell is a Crew Leader for the Augusta Utilities Department Downtown sewer
Investigation Team. In this role Jerome provide reliable and accurate date regarding the status of
the sanitary sewer mains downtown. Jerome does this with a positive attitude. He is the first
person our customers meet when they have questions concerning our investigative efforts.
Jerome handles these inquiries professionally and claim concerns when they surface concerning
our efforts. Downtown has been divided into eighteen sections. Two months have been allotted
to investigate each section. Jerome has been able to complete sections on an average time of five
per week. This will allow our department valuable time to consider our next move forward in
repairing the issues discovered. By having someone with Jerome’s attitude, abilities and
commitment to excellence working for Augusta Utilities we are able to save money that will be
spent using as outside contractors to complete these necessary investigations. The Employee
Recognition Committee felt that based on Jerome Mitchell’s dedication and loyal service to the
City of Augusta we would appreciate you in joining us in awarding him the December 2011
Employee of the Month.
(APPLAUSE)
Mr. Mayor: And I also have a personal letter for you. And I just want to once again a
wonderful example of excellence in service to the city. So thank you. Dear Mr. Mitchell. On
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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 December 2011. Your contribution to your
organization, Augusta Richmond County Government and the citizens of Augusta has earned
you this recognition. I appreciate your willingness to go above and beyond the call of duty and
your outstanding work ethic. You are truly an asset to the Augusta 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.
(APPLAUSE)
Mr. Wiedmeier: I’d just like to say that drum was working to help us to satisfy the
requirements of our consent order. What he’s doing is really new for us on the scale that he’s
doing it. And he’s shown a lot of initiative and we’re proud to have him working for us. So
thank you very much for your work.
(APPLAUSE)
Mr. Mason: I’d just like to echo those same sentiments to thank you to Jerome Mitchell
for the work that you do. Clearly you see that we have some outstanding employees that work
for Augusta Richmond County. If the media could do one positive thing tonight you’d be
showing this on TV to show our community how well they are represented by folks by Jerome
Mitchell. Thank you. Let’s give him another round of applause.
(APPLAUSE)
Mr. Mayor: Okay, Madam Clerk, on to the delegations. And I know we have quite a few
and I know they’re all going to be wonderful but I would just ask that everybody in the interest
of time and the regular agenda can keep it to five minutes please so, Madam Clerk, on with the
delegations.
The Clerk:
DELEGATIONS
C. Mr. Barry While RE: Augusta TEE Center Pre-Opening Marketing Plan.
Mr. White: Thank you, thank you, Mr. Mayor and members of the Commission. Just
quickly I wanted to thank those of you who were able to attend our State of Tourism Luncheon
last week. If you couldn’t attend you should have received our community report and I’m
pleased to report that tourism is doing very well in Augusta. We had a 5.6% increase in
spending and related taxes generated from total hotel revenue last year. It was another banner
year for us. Our primary purpose as a reminder is to attract visitors to the City of Augusta. With
the new Trade, Exhibit and Event Center opening up in less than a year we have an opportunity
to attract visitors who haven’t been here before and we have an opportunity to communicate the
versatility of that space to people who have never been here as well as those who have met
before but maybe not have been back because of space limitations. You know a successful
launch of any new product requires a lot of marketing. You see new and improved. You see
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new you see new products happen every day and you’ve got to have that money to get the word
out there and let people know what you’ve got. Over the next eleven months the CVB will
spend about $350,000 on pre-opening marketing to create awareness of this facility in Augusta.
The one time campaign is funded by visitors who spent the night in our hotels last year and paid
the dollar fee when they’re required to pay when they stay in a hotel room here. A portion of
that came back and a portion of that was designated towards pre-opening marketing. I’m going
to ask Peggy Seigler, who’s our Vice President of Sales and Marketing, to come up and walk you
through some great pictures and a great presentation of what we’re going to be doing on behalf
of the city there in the next twelve month.
Ms. Seigler: Just quickly I want to go through the, what we are marketing, who we are
marketing to and how we’re going to do that. There it is the Trade, Exhibit and Event Center full
of concrete floors, column free space and 30-foot ceilings. It’s divisible in two. You can two
events at one time. It is on grade and that’s important. That means you can roll right in and have
that as part of your exhibit in your hall. It has some natural light in it. Nice tall windows make it
a little bit different than anything else in the state. This is another look at it. 38,000 square feet,
column free, it’s a great big box. But it is what we needed and we’re not able to offer along with
our city conference center. Just one more view to point out one other difference. There is no
fixed seating in the Trade Center. This makes it different than the James Brown Arena or the
Bell Auditorium. So again just a lot of empty space with lots of potential. We needed it for
mainly this one reason. We needed trade show. This city’s existing conference base was a great
place to have meetings but you are missing out on the lucrative trade show part. Who’s been to a
trade show? Have you been, are you one of those people that goes to the meetings and don’t go
to trade shows? This is where an association makes money. So we could have their meeting but
they weren’t able to make money off of it. So by adding this to the city’s owned conference
center we now have that trade show floor that we need to do up to 190 booths or half of it and do
85. So that’s what we’re marketing and who are we marketing to? We’re marketing to two
distinct audiences. We did research to make sure we were targeted with our message so we got
the right people and we didn’t waste any money. We’re going after meeting planners that hold
meetings within a driving distance of Augusta. We know that’s who likes meeting here and is
happy when they come here. So it is southeastern regional effort for our marketing. The other
market for us our locals, yeah I’m going to hit you up. It is important that locals know about this
space because they are members of those associations. You are members. You have meetings
that you can bring to Augusta and that means good money. So how do we market? There are
trade shows that we attend. That means we are putting ourselves in front of meeting planners
face to face. We are there where are competition is, where Columbus, Georgia is. Where
Athens and Macon. We are attending nine trade shows this year. We’re also doing site visits.
That means getting people here. When people come to Augusta you’ve got to know that they
love it and spend money. You know that too. But they come for site visits. Once they come
here and they see it 92% book Augusta. Our website’s important. We’ll talk a little bit more
about that and also material. What you have in front of you is part of marketing. This is the
sales kit. This is what we use to raise awareness about the TEE Center and also advertisement.
So our research showed what we needed to show in an advertisement. It’s going to look a little
bit like this. We are in ten publications over the next 11 months with frequency that means more
than once, so from business to pleasure in less than a city block. Research showed that people
wanted to know what was around where they were having their meeting. It’s not always about
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the meeting but what’s in the neighborhood around it and Augusta has a lot to offer close to the
TEE Center.
Mr. Mayor: Okay, that’s five minutes but since this is a significant investment on behalf
of the city if you gentlemen are okay, I’ll let her finish it up. Okay.
Ms. Seigler: I’ll try to talk slow. I’ll go faster. I mentioned (unintelligible) in less than a
city block but it’s the website. As for most people our research showed meeting planner’s
number one place they go for information is the web. So you can go to AugustaTEECenter.com
find the floor plan even find the look of the neighborhood. How close you are in walking
distance again things that our research showed us. But you’ll also find on the website
information about Augusta Champion and this is where we turn to the local audience. We really
do want to get the word out. In the last ten years more than 600 events have come to Augusta
because of local champions bringing about $237 million in direct visitor spending. So visit
AugustaChampions.com. But then you’ll also see some ads locally where we advertise the
FlexibiliTEE Center. Get it? Yeah. Yeah. Or how about this? The PossibiliTee Center. The
TEE Center has been very well received by the name. People ask about it by name it’s different,
it’s fun and I appreciate the opportunity to market it. And our goal is to raise awareness. It’s
good for the community and I thank you very much. My email is up here not for questions but
for referrals. You guys let me know who I need to be calling on if there’s someone I’ve missed.
Mr. Mayor: Well, I’m going to open it up in a minute for any questions we might have
but that’s one of the things that we discussed at the retreat as well is a goal for us is to each try to
bring something to town. I think that puts a positive spin on having a positive economic impact.
But to get everybody to at least get on board with trying to be an Augusta Champion. Any
questions? Okay, thank you, ma’am. Madam Clerk, next delegation.
The Clerk:
DELEGATIONS
D. Ms. Margaret Woodard/Downtown Development Authority regarding DDA 2012.
(Requested by Commissioner Matt Aitken)
Mr. Mayor: Welcome back.
Ms. Woodard: Thank you. Thank you, Mayor, Commissioners, especially Matt Aitken
for the opportunity to present our goals and strategies for 2012. The mission of the Downtown
Development Authority is to promote the redevelopment and growth of downtown Augusta on
behalf of the city of Augusta. We do this by facilitating investment finding low interest loans
through the Georgia Cities Loan Foundation. In 2011 we approved $1.3 million dollars in new
loans for reinvestment to date. In 2012 we have $1.1 million dollars in loans either approved or
underway. These projects include 566 Broad Street which at the corner of Broad and
Monument. This is the new home of Café 209 and five new retail spaces on Monument. The
café should be open in the next 30-days. 864 Greene Street is a beautiful Victorian structure
right next door to the old library. When completed this year it will have eight new market rate
apartments. 901 Broad Street. A loan is underway for ten apartments and 5400-feet of retail.
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This project is right next to the TEE Center parking deck and will add support retail for the TEE
Center. 226 Sixth Street. This project’s right next door to Hildebrand’s and when completed
will have six new apartments. This project along with the 566 Broad Street, the home of Café
209, show a real shift in new investment in the much needed lower Broad corridor. And finally
the Johnson Building located at 758 Broad Street. This is a beautiful building. It’s the home of
Rock Bottom Music and many merchants but when completed will have eleven luxury
apartments on the second floor. The result of these loans $5 million dollars in private
investment, 35 new market rate apartments, 10,000 feet of new retail space and it adds money to
our tax base. We facilitate development with logistical assistance. The J.B. White’s Building is
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now a success story. Thirty-four condominiums have been completed on the 3 and 4 floor
which you’re looking at is the old warehouse behind the building which is now going to be a
parking deck for residents and retail visitors. Financing has been obtained in these
condominiums go on the market in April. Metro Market at 851 Broad Street has been purchased
by Sprint Foods. Everyone’s excited about this project. It will be a small grocery with food
service modeled after Parker’s in Savannah. And finally we continue to offer logistical
assistance to hospitality in Courtland to sell for the new proposed hotel at the Commons. We
manage downtown services. Clean Augusta Downtown Initiative is a program that’s near and
dear to the DDA’s heart. This program collects $385,000 dollars in taxes on an annual basis to
make downtown Augusta cleaner, safer and friendlier to our visitors and residents. I have
distributed to you all the 2011 annual report. I’d like to highlight that 51 tons of trash were
removed from downtown. 1100 folks were assisted. This was either with directions, jumping
car batteries and escorting people after hours and we did this with 31-hours of ambassador patrol.
Our biggest initiative for 2012 is to renew the bid for five additional years. We will continue to
coordinate the Lighter Boat Parade and Christmas Light up Spectacular on behalf of the city.
We are beginning in April the much anticipated streetscape project for James Brown Boulevard
with the new Judicial Center, Library and TEE Center this major thoroughfare and gateway to
the city will get a much needed facelift. We coordinate strategies for action and growth on
behalf of the city. We look at infrastructure needs, beautification, safety, parking and
transportation issues and we do this through our SPLOST allocation. Our SPLOST V allocation
is finished. We just completed a new sidewalk and lights for Christ Community Health Center
and we finally finished the allocation with approval for a new way finding signage in Old
Towne. When we look at the future strategies our board has met and discussed the SPLOST VI
allocation. For you all who attended the CVB meeting last week if you heard repeatedly
gateway improvements beautification we have allocated $150,000 dollars specifically to
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probably look at 13 Street, coming across the bridge our Riverwalk which is so important to our
river needs improvements. New security cameras on Broad Street for safety issues. New bike
racks and benches for downtown Augusta and we have allocated $100,000 dollars for the Laney
Walker Monument that are now on Laney Walker Boulevard. They need banners, they need
lights, we want to create a walking tour to highlight our rich African American Heritage. In
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closing our board retreat is March 22 where our board gets together and plans other strategies
for the year and we would love to hear from you all on any other projects or issues you would
like for us to look at. We’d love to hear from you.
Mr. Mayor: Okay thank you. Do we have any questions? I just want to say thank you
for that presentation. It’s great to see so much activity downtown. An exciting year. Madam
Clerk, next delegation.
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The Clerk:
DELEGATIONS
E. Dr. Ricardo Azziz regarding Georgia Health Sciences University.
Dr. Azziz: Mr. Mayor, Commissioners thank you for the opportunity of updating you as
to the, what is happening at our university. I’ll be very brief because I would like Dr.
Bloodworth and I to speak to the greater topic of the consolidation of ASU and GHSU.
Regarding the Georgia Health Sciences University I did want to bring to your attention two
items. One is the fact the governor has spoken very clearly at the State of the State Address in
January. And in that address if you had an opportunity to review it, it clearly stated that Georgia
Health Sciences University is the state’s academic health center. It is the academic health center
that the state is wishing to invest in and it is actually going to be the hub of the Hub and Spoke
Model for the health professions education in Georgia. And I think that is something that we as
a community should apply and should support because in fact that actually does put to rest a
large number of questions that have arisen in the past regarding the status and future of Georgia
Health Sciences University. So we are the states academic health center as we always been. The
governor has the intention of us becoming a Top 50 academic institution and we are moving in
that direction. And so that is one. The second is that the governor of course is part of that plan
and intends for us to be to have an NCI designated cancer center. The state of Georgia only has,
has only one NCI which is the National Cancer Institute that designated cancer center that is in
Emory. Most states, all seven states that are smaller in population than Georgia have two to
three. In all seven states with exception to one that are larger than Georgia have between two
and ten NCI designated cancer centers. Of course that is something that we intend to continue to
build here in Augusta to serve the entirety of the state of Georgia. So I just wanted to bring you
up to date on those two issues. I think that helps our community focus of course on continuing to
build these institutions. Thank you. I’m going to at this point ---
Mr. Mayor: Absolutely.
Dr. Azziz: --- turn it over to Dr. Bloodworth. Thank you.
Dr. Bloodworth: It’s a pleasure to be here today in front of the Mayor and the
Commissioners. And I know that among all of you up here actually four holders of degrees from
Augusta State University actually from Augusta College and Augusta State University. So I’m
kind of speaking to the choir here. So I’d like to say who earned those degrees when but they
occurred in years 1971, 1975, 1991 and 2002. So and of those four degrees held by people in
front of us three were in business. So I want to speak just a little bit about higher education in
terms of business interests. You know it has a direct economic impact on a community. We
spend at now Augusta State University about $10,000 dollars a year per student. Those students
spend at least $20,000 dollars a years. If we get more students to come here we spend that
money in this community, students spend that money in this community and it benefits everyone.
As far as background plus the fact that in Georgia the number of persons going to college and
earning college degrees is far smaller than what it should be. In Richmond County just to single
it out about 20% of the people age 25 and above have a baccalaureate degree or better. In the
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state of Georgia as a whole it’s a little bit better, it’s 34% but it’s nowhere near it needs to be in
order for this economy to flourish. And that’s the background of the consolidation of Augusta
State University and Georgia Health Sciences University to build a stronger institution to make
higher education more available and better in this community and throughout the state. I’d just
like to say that what we’re working on it’s a lot of moving parts. It is truly a consolidation that is
two institutions coming together not a merger where one enters the other but it is a consolidation
and marriage of two fine institutions. We’re working on it, we’re eager to make it happen and let
me ask Dr. Azziz to add to those points.
Dr. Azziz: Thank you. So as Dr. Bloodworth said I think that one of the most
momentous occasions at least for our academic institutions since 1950 when GHSU became an
independent university and ASU in 1963 became a four year university really is this
consolidation. This will create the fourth comprehensive research university in Georgia. I
should say Research University simply because one it’s missions will be to of course to do
research but that doesn’t not abrogate the responsibility to educate. We will continue to serve as
access to our community and to our broader state but we should note that the greatest growth
potential of this university is actually in the undergraduate degrees that really are needed to serve
the entirety of the state of Georgia. Most other universities are growing in the number of
students and we intend to again begin to bring many of those students here to Augusta where
they or course will spend their money in Augusta where they will invest in Augusta and will be
part of that economic engine. The consolidation is working well moving forward. There are so
far no unforeseen obstacles. There are obviously going to be lots of bumps in the road but that’s
actually what we are here to do is shepherd that process through. But right now I think you
should be very proud that by next year you will have another great university here in Augusta
that you will be proud of. I will like to end by saying simply that the success of that university
will not happen without your support. Will not happen without the community support and will
not happen unless all of us rally around this extraordinary event. This is at the end of the day
while it benefits the entirety of the state of Georgia it does and is occurring in Augusta and we
should applaud it and support. And I appreciate your support. Thank you.
Mr. Mayor: Thank you Dr. Azziz and Dr. Bloodworth. And I will just say I believe it
would be echoed up here. I fully support this. Anything I can do to help I see what this is going
to mean to Augusta not just in the coming five years but in the coming decades. And it is going
to be an amazing thing. And this is, we’re living in historic times. So thank you. Gentlemen, do
ya’ll have any questions? Okay, thank you, gentlemen. Madam Clerk, well golly, after all the
excitement of those presentations now we’ve got to get to the regular agenda.
The Clerk: Shall we move on?
Mr. Mayor: Yes, ma’am.
The Clerk: The consent agenda consists of items 1-37, items 1-37. For the benefit of any
objectors to our Planning petitions once those petitions are read would you please signify your
objection by raising your hand when the petition is read. I call your attention to:
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Item 2: Is a request for a change of zoning from a Zone B-1 (Neighborhood Business) to
a Zone B-2 (General Business) affecting property at 1912 Central Avenue.
Item 3: Is a request for a change of zoning from a Zone R-3B (Multiple-family
Residential) and Zone B-1 (Neighborhood Business) to a Zone B-2 (General Business) affecting
property known as 2502 and 2506 Wrightsboro Road.
Item 4: Is a request for a change of zoning from a Zone B-2 (General Business) and HI
(Heavy Industry) to a Zone B-2 (General Business) affecting property known as 675 Frontage
Road.
Item 5: Is for a request for a change of zoning from a B-1 (Neighborhood Business) to a
Zone B-2 (General Business) affecting property known as 2306 Lumpkin Road.
Item 6: Is a request for a change of zoning from a Zone R-1C (One-family Residential)
to a Zone R-1D (One-family Residential) affecting property known as 1448A, 1448, 1450, 1452,
1454 and part of 1460 Kingston Street.
Item 7: Is a request for a change of zoning from a R-1C (One-family Residential) to a
Zone R-1D (One-family Residential) affecting property known as 1235, 1237 and 1249 Eleventh
Street.
Item 8: Is a request for a change of zoning from a Zone R-1C (One-family Residential)
to a Zone R-1D (One-family Residential) affecting property known as 1012 Spruce Street and
1242, 1246 and 1250 Eleventh Street.
The Clerk: Are there any objectors to any of those Planning petitions?
Mr. Russell: None noted, Madam Clerk.
The Clerk: I call your attention to our Public Services portion of the agenda. If there are
any objectors to any of our alcohol petitions would you please signify your objections once they
are read. I call your attention to:
Item 9: Is for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Skittlez Bar & Grill located at 1855 Gordon Hwy.
Item 10: Is for a retail package Liquor, Beer & Wine license to be used in connection
with Affordable Package Shop located at 1250 Gordon Hwy.
Item 11: Is for an on premise consumption Liquor, Beer & Wine License to be used in
connection with Midtown Lounge located at 3328 Washington Road. There will be Dance.
Item 12: Is for a retail package Beer & Wine license to be used in connection with C and
M Foodmart located at 2700 Peach Orchard Rd.
Item 13: Is for a retail package Beer & Wine license to be used in connection with New
Life Natural Foods located at 2825 Washington Rd.
Item 14: Is for a retail package Beer & Wine license to be used in connection with S & S
Food located at 2657 Barton Chapel Rd.
Item 15: Is for on premise consumption Liquor & Beer license to be used in connection
with Cheerz located at 2051 Gordon Hwy.
Item 16: Is for a One Day Special Event Beer license to be held in the parking lot of
Carolina Ale House located at 203 Robert C. Daniel Parkway.
The Clerk: Are there any objectors to any of those alcohol petitions?
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Mr. Russell: None noted, Madam Clerk.
The Clerk: Mr. Mayor, members of the Commission, our consent agenda consists of
items 1-37 with no objections to our Planning or alcohol petitions.
Mr. Mayor: Thank you, Madam Clerk. Gentlemen, do we have any additions to the
consent agenda? Going once ---
Mr. Johnson: Mr. Mayor.
Mr. Mayor: --- going twice. Yes, sir, Commissioner Johnson.
Mr. Johnson: Item number 39.
Mr. Mayor: Item number 39. And gentlemen ---
Mr. Johnson: Thirty-nine.
The Clerk: Thirty-nine.
Mr. Mayor: --- the Pension and Audit Committee just approved items 42 and 42. Could
we add those to the consent agenda as well? Okay.
The Clerk: And for the record item 42 is a 3.3% increase.
Mr. Guilfoyle: Can we add item number 38 as well?
Mr. Russell: It’s my understanding there were objectors at the Planning Committee
meeting so it would be appropriate to probably hear that, sir.
Mr. Mayor: Okay.
Mr. Guilfoyle: Thank you.
Mr. Mayor: Okay, gentlemen, do we have any items to be pulled for discussion?
Commissioner Mason.
Mr. Mason: Yes, I’d like to pull item number 20, Mr. Mayor.
The Clerk: Item number 20?
Mr. Mayor: Anything further?
Mr. Lockett: Mr. Chairman.
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Mr. Mayor: Yes, sir, Commissioner Lockett.
Mr. Lockett: I think my colleague said add 38 to the consent agenda but I want to pull
because I also need to ---
The Clerk: I think he said 39.
Mr. Johnson: No, we didn’t add it.
Mr. Mayor: We had objectors so we couldn’t add that one.
The Clerk: We couldn’t add it, thirty-eight.
Mr. Mayor: Actually for the items added I believe that was 39 not 32. Okay, with
nothing further can I get a motion to approve the consent agenda?
Mr. Johnson: So moved.
Mr. Jackson: Second.
CONSENT AGENDA
PLANNING
1. FINAL PLAT – MANCHESTER, SECTION 6 – S-813 – A request for concurrence with
the Augusta Planning Commission to approve a petition by Southern Partner, on behalf of
COEL Development Co., requesting final plat approval for Manchester, Section 6. This
residential subdivision is located on T. J. Kelly Drive, adjacent to Manchester, Section 1
and contains 51 lots.
2. Z-12-08 – A request for concurrence with the Augusta Planning Commission to approve
with the following conditions 1) that the use of this property be limited to vehicle storage
for the existing plumbing company or those uses allowed in a B-1 (Neighborhood Business)
Zone and 2) that the rear yard be improved for use as a parking area and be totally
enclosed by a solid board fence of at least 6 feet in height; a petition by Charles
Brittingham requesting a change of zoning from Zone B-1 (Neighborhood Business) to
Zone B-2 (General Business) affecting property containing .21 acres and is known as 1912
Central Avenue. (Tax Map 045-3-1-5-00-0) DISTRICT 1
3. Z-12-09 – A request for concurrence with the Augusta Planning Commission to approve
with the following condition 1) that the only B-2 use of the property be an alcohol
establishment or those uses allowed in a B-1 (Neighborhood Business) Zone; a petition by
Ryan McArdle, on behalf of Nancy H. Sheehan, requesting a change of zoning from Zone
R-3B (Multiple-family Residential) and Zone B-1 (Neighborhood Business) to Zone B-2
(General Business) affecting property containing .51 acres and is known as 2502 and 2506
Wrightsboro Road (Tax Map 044-3-117-01-0 and 043-4-077-01-0) DISTRICT 2
4. Z-12-12 – A request for concurrence with the Augusta Planning Commission to approve
a petition by Will McKnight, on behalf of McKnight Properties, requesting a change of
zoning from Zone B-2 (General Business) and HI (Heavy Industry) to Zone B-2 (General
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Business) affecting property containing approximately 13.33 acres and is part of 675
Frontage Road. (Part of Tax Map 022-0-023-01-0) DISTRICT 7
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign of voting.
Mr. Guilfoyle: Madam Clerk, could you show that number 18 I’m abstaining on?
The Clerk: Yes, sir.
Mr. Hatney: Madam Clerk, I abstain on all alcohol please.
Mr. Jackson: Madam Clerk, show me voting no on number 5.
Mr. Mayor: Okay, Madam Clerk, let’s go ---
The Clerk: I’m waiting for Mr. Mason and Mr. Johnson to vote.
Mr. Lockett: Madam Clerk, on agenda item #20 I vote no also.
The Clerk: He pulled that item.
Mr. Lockett: Oh that’s cool. I’m sorry.
Mr. Hatney abstains.
Motion carries 9-0-1. [Items 9-16]
Mr. Jackson votes No.
Motion carries 9-1. [Item 5]
Mr. Guilfoyle abstains.
Motion carries 9-0-1. [Item 18]
Motion carries 10-0. [Items 1-4, 6-8, 17, 19, 21-37, 39, 42, 43]
Mr. Mayor: Thank you, Madam Clerk, and if after reading all those petitions you need a
cough drop I’ve got one up here for you. If we could go to the pulled agenda item first, please,
ma’am.
The Clerk:
PUBLIC SERVICES
20. Motion to authorize an increase in the guaranteed maximum price (GMP) for the
inclusion of the smoke evacuation scope as required by the Marriott Corporation and
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architectural supplemental instructions (ASIs) for the Trade Exhibit and Event (TEE)
Center Project. (Approved by Public Services Committee February 13, 2012)
Mr. Mayor: Mr. Mason, I believe this was your pull.
Mr. Mason: Yes, thank you, Mr. Mayor. We had some extensive discussion on this
already during the committee process. There was a young lady, I can’t think of her name that
came as a representative. Is there, do you recall?
Mr. Russell: Christine Burns was here. The other architect’s here today I think if you’d
like to.
Mr. Mason: Okay, let me kind of pull myself together here. My colleagues down here
are, um you’re one of the architects on the project. Is that what the deal is?
Mr. Emory Leonard: Yes, I am.
Mr. Mason: Okay, were you here at committee?
Mr. Leonard: I have been up here. I was not able to make that one particular meeting but
my associate Christina Burns was here.
Mr. Mason: Okay, yes, all right. So the specific discussion on that day I asked some
questions in regards to meeting the standard, the state standard. What would be the state
standard in reference to the air circulation or air cycles per hour, whatever it is.
Mr. Leonard: If you’d like to ask some technical questions I do also have the mechanical
engineer here with me on the job who can address probably more specific questions like those.
But essentially we began the project with a smoke control system that met the code requirement.
Mr. Mason: That met the state code requirements.
Mr. Leonard: Correct.
Mr. Mason: Okay, at some point in time it was brought to your attention that you should
exceed that.
Mr. Leonard: We also were looking some Marriott Corporate Marriott International
requests and standards and our interpretation of their standard at the time was that we did not
need to provide for the capacity that they were considering. And over the course of many
months we negotiated with them about what that capacity would be and got to this point.
Mr. Mason: What are you calling this point?
Mr. Leonard: The point at which we were providing eight air changes per hour which I
guess is the technical term for how much air we need to move through that space.
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Mr. Mason: Okay, I guess the point I’m trying to make here is very simple. The state
requirement is 2.5, we met that requirement. In my mind if there’s some additional requirements
to meet that goes above and beyond what the state requires I personally don’t see how or why the
city would spend the taxpayer’s dollars for that. I mean I have absolutely no problem with the
Marriott spending that $390/400,000 dollars whatever it is to put it up to whatever they say their
standard is. But I just wanted to make sure initially that we met the state standard that is required
which is the 2.5 and we did that. Is that not correct?
Mr. Leonard: That’s correct.
Mr. Mason: Thank you.
Mr. Mayor: Okay. Commissioner Lockett.
Mr. Lockett: Mr. Chairman, this is I guess for the Administrator.
Mr. Russell: Yes, sir.
Mr. Lockett: Mr. Russell, I checked the documentation that was provided and it seems to
me that contract Change Order #2 was signed off back in October of last year by our W. Allen,
by Heery, by Augusta Riverfront LLC, by TVS Design and by you. Now is that contract that
ya’ll entered into back in October is that binding?
Mr. Russell: It’s brought to you for approval. That’s why I signed off on it to bring it to
you. I don’t have the authority to make that amount of change order.
Mr. Lockett: Well, my next question is this was signed off in October of ’11 and now
we’re into February of ’12. What took you so long?
Mr. Russell: We’ve been negotiating with Marriott International because we felt strongly
that we had a good case that we would avoid the additional costs of doing the change order. I
had been arguing with them since then trying to bring that back to the point where we didn’t
have to go to that limit. After a fairly frustrating attempt to do that we brought it forth for you to
approve.
Mr. Lockett: Was it one of those all or nothing? I mean there was no compromise
involved? I mean since we met state requirements but we did not meet Marriott their
requirements could we have met in the middle there and save the taxpayer a little money?
Mr. Russell: That wasn’t an option that Marriott gave us at that particular point in time.
Mr. Lockett: Then my last question is why does Marriott have to give us the option?
We’re the government.
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Mr. Russell: That’s true and we don’t have to meet their standards but based on our
interpretation of what we did, we were okay. We argued with them and they determined that we
weren’t. What we’re looking for is a better quality building that moves us forward and it also
takes advantage of the Marriott’s approval. With that approval we get their marketing, we get
their worldwide inclusion in their marketing rates and whatever. And in my mind it’s a fairly
good point to take to move that to a higher standard and move that forward. And that’s the
direction that we think is appropriate and I would recommend your approval.
Mr. Lockett: Well, my last thing, Mr. Mayor. Mr. Russell, I have no qualms about
voting for approval on this but in the future something like this I think should come to us in a
much speedier fashion. I mean this four months down the road or three and a half months down
the road before we get it. Thank you, Mr. Chairman.
Mr. Mayor: Thank you, Commissioner Lockett. I would recognize Commissioner Smith
and then Commissioner Guilfoyle.
Mr. Smith: Where’s that gentleman that was just here?
Mr. Mayor: He ran back to the back.
Mr. Russell: He can, I can’t.
Mr. Smith: What’s Marriott’s (unintelligible) over there with the air flow?
Mr. Leonard: With the current facility?
Mr. Smith: Right.
Mr. Leonard: I believe the current facility was not built under the Marriott International
brand so it was built to a different standard.
Mr. Smith: Have there been any problems over there?
Mr. Leonard: Not to my knowledge. I don’t know, you might have to ask them.
Mr. Smith: Yeah, and so it’s Marriott that wants this increase, right?
Mr. Leonard: Marriott International, yes the corporation.
Mr. Smith: Okay. The last time I checked in over there I asked for a basic room but then
when I got one with a steam bath in it the price went up so if they want something extra why
don’t they pay for it?
Mr. Russell: If I can, Mr. Mayor ---
Mr. Mayor: Mr. Russell.
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Mr. Russell: --- it’s because it’s our facility.
Mr. Mayor: Okay, Commissioner Guilfoyle and then Commissioner Hatney.
Mr. Guilfoyle: Yes, this is for Mr. Administrator. Fred, as far as the original design and
drawing of this TEE Center apparently there had to be communications set forth with Marriott as
far as their standards and requirements to comply to have their flags flown on our building. Was
this brought up early on?
Mr. Russell: It was part of the original discussion. We thought we were in compliance
with their standards. Upon further review there was a difference there and that’s what we’ve
been arguing about since October. What this does allow us to do is meet their standards for
banquet halls so you’d be able to do that as opposed to just open space there. The money and let
me emphasize this. This is not additional funding for the project. The money is in the project. It
simply moves it from a contingency outside the guaranteed price into the guaranteed. And the
reason that you’re seeing this is it’s because it’s an addition to that as is the other work with the
fire safety stuff, the balance of the purchase.
Mr. Guilfoyle: I realize that. With the franchise of Marriott they have strict standards
and I know they don’t bend easily. Neither does any other franchise because they are successful
in what they do in the requirements set forth. And so we were actually asking them to move on a
subject or the air handler knowing that they would not. And now it’s set forth before us to have
to push this through. What else do we have that Marriott is recommending that we’re not
complying with?
Mr. Russell: It’s my understanding that this is the only outstanding issue at the moment.
Mr. Guilfoyle: Thank you, Mr. Administrator.
Mr. Mayor: Okay. Commissioner Hatney.
Mr. Hatney: Sir, you mentioned sir, your name, please, sir? I can’t remember it.
Mr. Leonard: Emory Leonard.
Mr. Hatney: You mentioned, I believe, that initially and it’s true Marriott did not own
the hotel. I believe it’s part of, what was it, some other name.
Mr. Leonard: Radisson.
Mr. Hatney: Radisson. But they took the hotel but it didn’t meet their standards. I don’t
quite understand why they took that whole big ‘ol hotel that didn’t meet their standards yet they
won’t take, something’s wrong with that picture. Whether it’s international or national it matters
not to me. I don’t see any difference in this I think it’s the same company. Is it the same
company? National or international, the same company isn’t it?
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Mr. Leonard: International, my I don’t ---
Mr. Hatney: You understand where I’m coming from. They can take the old hotel that
don’t meet their standards. Something’s wrong with that picture. They want this other stuff than
they can pay for it themselves.
Mr. Leonard: My understanding is that, you know ---
Mr. Hatney: How can you take a whole hotel now, whole hotel that don’t meet your
standards yet you’re going to dictate to a government and charge them six, well three hundred
some thousand more dollars? I just got some problems with that, sir.
Mr. Leonard: Again, I mean I was not here ---
Mr. Hatney: I’m not picking on you. I just got some problem with that. If they had
turned the hotel down then I wouldn’t have no problem now. But they took the hotel.
Mr. Leonard: My understanding though is they don’t necessarily require every hotel to
be smoke exhausted. There is some discussion on how that’s designed if they were to build a
new one as well.
Mr. Mayor: Commissioner Jackson.
Mr. Jackson: I think this is a case of we’re already pregnant and I’m not sure what to do
next. I would just like in the future, you know, that it come through the Administrator versus
somebody that doesn’t work for this government and tell me to approve it because it’s a small
change order. I don’t have a problem. There’s several questions I had about the electrical and
they’ve yet to be answered. But like I said we’re pregnant, we have to move forth.
Mr. Mayor: So is that a pregnant move to move forward? Is that a pregnant motion to
move forward?
Mr. Jackson: (inaudible).
Mr. Aitken: Second.
Mr. Hatney: Quite a few abortions, though.
Mr. Mayor: Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. I don’t know what to say about that analogy, Joe,
but that would be one baby I wouldn’t be having. We talk about you know the future and doing
things different in the future and we keep saying that with every situation we have coming up but
the future always seems to be the same where there’s some sort of controversial issue here. One
of the things I want to make sure I point out because I think it’s time for this government to start
18
looking from a fiscal standpoint. I know we’ve got a lot of fiscal conservatives up here. If in
fact the money’s in the budget it doesn’t mean you have to spend it. You save it if it’s not
necessary to be spent. We use additional SPLOST monies for other projects or like projects
when we can get other things done. Simply because it’s there to me is not an excuse to say well
let’s go ahead and do it because we’ve got the money there. If we’ve got the money there we
save it. Okay? Or the next thing that pops up because I’m pretty sure there’ll be a next thing
that pops up and we’ll have some extra money there. This is something that we do not
absolutely have to do. In my opinion we save that money and for the next go around of whatever
may pop up. But to simply say it’s in the budget so it’s okay I think you’re taking the wrong
premise on that or we’re taking the wrong premise on that and we’ve got to start looking at how
we do business. I’ve got money in the bank but I’m not going to spend it just because I’ve got it
there. I’m going to spend it wisely and I don’t have a whole lot so I’m sure enough going to
spend it wisely. Thank you, Mr. Mayor.
Mr. Mayor: Okay, thank you. Commissioner Smith.
Mr. Smith: When we were going through this process were there any other alternatives
checked out to see if we could, you know, get things tighter, you know, and what was the
procedure on this upcoming?
Mr. Leonard: Yes, sir. Our discussion with Marriott Corporate was that in some early
discussion within documented discussion they mentioned that they wanted this higher capacity
because the building was connected to the hotels. And we made a point that it was not
necessarily connected to the hotels but that we were still providing a smoke exhaust system
regardless even though based on our interpretation it was not necessarily required. We still in
this type of facility we tend to provide a smoke exhaust system.
Mr. Smith: Is there any other type system that we could economically scale down the
price and kind of meet close to their standards or?
Mr. Leonard: We, I think we fought them over the course of many months to try to
negotiate the size and the capacity down. We did some sketches had numerous reviews with
them and to get their input on trying to get the scale of the upgrade ---
Mr. Smith: Aren’t there two ---
Mr. Leonard: (inaudible).
Mr. Smith: --- different type systems?
Mr. Leonard: It’s basically fans and doors that, the doors that are already there that open
up to allow fresh air in and the fans pull that air out from above. It’s not that, it’s just a capacity
issue and upgrading a capacity with them.
Mr. Mayor: Okay, Commissioner Hatney then Commissioner Jackson.
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Mr. Hatney: A twofold question. One, at what point, sir, did we realize that the Marriott
was not going to accept the capacity in which we now have? At what point? Where will we be?
Where were you all, let’s put it this way, when they told you all they weren’t going to accept
that. Somewhere along the line they knew similarly during the process of your design what you
had in there and at what juncture, where did they decide that they needed more. It just boggles
me that the government is being handcuffed by private enterprises and they meet the state law.
Something’s wrong with that picture. When did you all realize this? Mr. Administrator, you
might can answer this. At what point did you realize this?
Mr. Russell: I think we began that negotiation back in October when we were looking at
trying to move forward with the project. I would not want to say specifically but we’ve been
negotiating with them for several months now trying to reach an agreement that didn’t cost this
amount of money.
Mr. Mayor: Okay. Commissioner Jackson.
Mr. Jackson: You know I started on this TEE Center project years ago thinking it was
the best for the city. And with much reservation I would like to say, you know, I approved to
move forward with this project but, you know, I understand it’s in the budget like Commissioner
said it’s great but it doesn’t mean you have to spend it all. And I think the more communication
even out of the retreat that we have with the Administrator, you know, I don’t like spending the
money but you know at the end of the day if it’s going to be a 50-year building and this $800,000
dollars is going to make it a 55-year building then I make a motion to approve.
Mr. Aitken: Second.
Mr. Mayor: Okay, thank you. Commissioner Bowles.
Mr. Bowles: Sir, in your professional experience and expertise, is this something that’s
been official to have the ventilation of eight rather than 2.5?
Mr. Leonard: This is an assembly building for a large number of people. And to upgrade
the capacity of keeping smoke from getting down to a level where it affects people is only a
better thing.
Mr. Mayor: Okay. Thank you.
Mr. Johnson: Mr. Mayor?
Mr. Mayor: Commissioner Johnson.
Mr. Johnson: Thank you. I would just like to add to it. Mr. Administrator, I think it
would be very wise if we took prudent steps in the future to verify to cost of this project. And
what I mean by that is every item, of course, for this point forward to take a look at it and make
sure that we’re verifying what we’re doing at this point in conjuncture to whatever else may
come forward. Because it’s not the mere fact that we at this point we cannot not approve it. I
20
mean it’s pretty much something we’ve got to move forward with because the building is there.
It’s about 65% finished and we got to keep the ball rolling. But at the end of the day this is
something that I don’t have a problem with doing. I’m in construction and I understand how that
works but at the end of the day if you can verify and justify being able to make this prudent
changes then that’s all well and good. But I do have a concern as well as everybody else up here
when you talk about something of this magnitude being put before us and yet we don’t have any
say so on whether or not we’re able to decline it or not and the building still gets completed. So
again I think we truly need to look at that and make sure that in the future we take those steps
and make sure that we’re able to justify and verify every inch of the costs along the way of this
building and completion of this building. Thank you, Mr. Mayor.
Mr. Mayor: Thank you, Commissioner Johnson. Commissioner Hatney, ten seconds for
a moment of personal privilege.
Mr. Hatney: Ten seconds that’s all I need. I think it’s high time that this commission
gets bold enough to stop moving forward on stuff that we are getting the facts after the fact. It’s
just time to stop.
Mr. Mayor: Okay.
Mr. Mason: I request a roll call vote, Mr. Mayor.
Mr. Mayor: Okay.
Mr. Lockett: I only spoke once can I ---
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: You know, I’ve listened intently with all that’s been said and I do agree that
it’s time for us to be up front and do what’s right. We are doing too many things after it’s
already been done if you can do that. I think we should be strong in our government because
we’re continuously being stampeded by many in the private sector. We tend to always bend and
to give but I think it’s time for us to stand up and fight. I don’t doubt that this might not be a
good thing for the Marriott and for the city of Augusta. I don’t doubt that at all but I do doubt
and don’t appreciate the way it has been done. With all these change orders over months and
months and months this should have been presented to us beforehand. We should have been
apprised of the fact that you were having difficulty negotiating. And I do believe and I’m going
to say it and hope I don’t have to say it again. This government needs some new negotiators.
Thank you, Mr. Chairman.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. A roll call vote has
been requested. Madam Clerk.
The Clerk: Mr. Aitken:
Mr. Aitken: Yes.
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The Clerk: Mr. Bowles.
Mr. Bowles: Yes.
The Clerk: Mr. Brigham.
Mr. Brigham: Yes.
Mr. Guilfoyle: No, ma’am.
The Clerk: Mr. Hatney.
Mr. Hatney: Abstain.
The Clerk: Mr. Jackson.
Mr. Jackson: Yes.
The Clerk: Mr. Johnson.
Mr. Johnson: Yes.
The Clerk: Mr. Lockett.
Mr. Lockett: No.
The Clerk: Mr. Mason.
Mr. Mason: No.
The Clerk: Mr. Smith.
Mr. Smith: No.
Mr. Smith, Mr. Mason, Mr. Guilfoyle and Mr. Lockett vote No.
Mr. Hatney abstains.
Motion fails 5-4-1.
Mr. Russell: Mr. Mayor, if I may ---
Mr. Mayor: Mr. Russell.
Mr. Russell: --- if you’re interested in doing the change and you could at least look at the
other part of the program so you can continue to move forward with the building and required by
22
safety issues which would be the balance of that, about $437,145.00. So that would include
everything except the smoke evacuation system.
Mr. Lockett: Mr. Mayor, may I ---
Mr. Mayor: Hang on one second. So we would need correct me, Mr. MacKenzie, I want
to go by Legal procedure here, a motion to reconsider the agenda item to vote on incorporating
what Mr. Russell is requesting.
Mr. MacKenzie: I believe since the first motion failed then you would be making a new
motion which would include different (inaudible).
Mr. Mayor: Because the agenda item, okay. Commissioner Smith.
Mr. Smith: Could we ask these gentlemen to go back to the drawing board and see what
we can do to make, be more cost savings or efficient or what other avenues we can approach and
put it back in committee?
Mr. Mayor: Mr. Russell.
Mr. Russell: Mr. Smith, we’ve been to the drawing board. We’ve attempted to bring
forth an item that brings forth the best for this government and we’ve done so. There’s not much
other drawing we can do.
Mr. Smith: Is there any way I can look at the numbers?
Mr. Russell: You can look at anything you like.
Mr. Smith: All right.
Mr. Russell: Obviously it’s all available to you. You know we’ve continually brought
you projects that have been well done, within budget, on time and whatever and you know it’s
just ---
Mr. Smith: We all know what budgets are. I’m kind of in the business, I’m a
subcontractor so ---
Mr. Russell: Then you should recognize the fact that if we don’t move forward ---
Mr. Smith: (unintelligible).
Mr. Russell: --- (unintelligible) a lot of thing aside here.
Mr. Smith: And just because you have the money set up just sitting in the pot, you know,
if there’s other alternatives. That’s all I’m asking ---
23
Mr. Russell: Well ---
Mr. Smith: --- and from what I’ve seen you know ---
Mr. Russell: We’ve done the other alternatives. We’ve looked at that and this is our
recommendation to move forward. You know it’s not spending the money because we have it,
it’s spending it because the people that you’ve hired to make the recommendations feel it’s the
best way to move forward. If you don’t want to do so and that’s obvious then in this particular
case we sort of stop the project. And that’s where we can go at the moment.
Mr. Mayor: And I just want to say you know as a government we’ve cut corners in the
past, we’ve seen it at our jail pods, we’ve seen what happens when you start nickel and diming
stuff. We need to build good product which was mentioned. You know Commissioner
Guilfoyle mentioned the fact that they knew what they’re doing so they can market these hotels.
And I just, I think it’s short sighted decision if we don’t move forward on this for you know
because we’ve done it as a city time and again. Is there anybody who would like to make
another motion on the agenda item?
Mr. Lockett: I would.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: My motion would be to send this back to committee and give the
Administrator an opportunity to separate the two and give this body an opportunity
analyze them before a vote is taken.
Mr. Mayor: Mr. Russell? Do we have a second on that motion?
Mr. Smith: I’ll second that.
Mr. Mayor: Mr. Russell?
Mr. Russell: Yes, sir, Mr. Mayor.
Mr. Mayor: There’s a motion to send this back to committee. Is there a negative impact
on not taking action on this today versus two weeks from now at the next full commission
meeting?
Mr. Russell: Yes, sir, there is potential that we slow the project back down totally or you
could, if you don’t take action on the smoke evacuation and should take action on the other we
just don’t do the smoke evacuation and Marriott does not approve it which is, you know, that’s a
decision this body gets to make. But otherwise if you don’t do the total, the total project and the
life safety issues are involved you end up pretty much stopping the project the way I see it at the
moment.
Mr. Hatney: Mr. Mayor.
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Mr. Mayor: Commissioner Hatney.
Mr. Hatney: Thank you, Mr. Mayor. Mr. Russell?
Mr. Russell: Yes, sir.
Mr. Hatney: You may not agree with what I’m saying but what gets us in this mess is
that we never get information when we should get it. You always come up with stuff at the last
30 seconds and say let’s go on and vote for it. We don’t have a chance yet you knew somewhere
along the line way back yonder that these folks weren’t going to accept this. I don’t think it’s
fair for you to sit there, I don’t care how mad you get. It don’t bother me at all because if you
bring us stuff in a timely fashion when you found out that it wasn’t going to meet their standard
that’s when we should’ve known about that before we got to where we are now. That’s what
happens in this mess.
Mr. Russell: Well, if I can, Mr. Mayor ---
Mr. Mayor: Mr. Russell.
Mr. Russell: --- it’s been on the agenda for two times through the cycle and, you know,
we’ve talked about it last week, we talked about it the week before, it was referred back and
you’ve had knowledge about it for four weeks now. You know it’s, yeah that’s sort of the way it
works.
Mr. Mayor: And we’ve, no, sir. Because I’ve recognized you more than twice ---
Mr. Mason: Call for the question, Mr. Mayor.
Mr. Mayor: The question’s been called for. Mr. Hatney, you’ve been recognized, no, sir,
and with all due respect the question has been called for. The motion has been made and
properly seconded to refer this back to committee. Commissioners will now vote by the usual
sign of voting.
Mr. Aitken, Mr. Bowles, Mr. Mason and Mr. Brigham vote No.
Motion passes 6-4.
Mr. Mayor: Madam Clerk, on to the next agenda item.
The Clerk:
PLANNING
38. Z-12-11 – A request for concurrence with the Augusta Planning Commission to approve
with the following conditions 1) a 6 foot solid board fence shall be erected and maintained
along the east side of Tubman Home Road along the west side of 2337 Milledgeville Road,
gates may be slatted chain link; 2) the property on the west side of Tubman Home Road
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may be developed as a parking lot only but must conform to site plan regulations and the
Tree Ordinance; 3) 1816 Tubman Home Road may be used only as an office and 4) no free
standing sign may be erected on 1816 Tubman Home Road; a petition by Gene Cook, on
behalf of Cooks Machine Shop et. al., requesting a change of zoning from Zone R-1A (One-
family Residential) and Zone B-2 (General Business) to Zone B-2 (General Business)
affecting property as follows: Tract A – containing .29 acres and is known as 1815 and 1817
Tubman Home Road (Tax Map 071-4-022-00-0 and 071-4-021-00-0) DISTRICT 5 Tract B
– containing .67 acres and is known as 1816 Tubman Home Road and 2337 Milledgeville
Road. (Tax Map 071-4-027-00-0 and 071-4-030-00-0) DISTRICT 5
Mr. Mayor: Mr. Patty.
Mr. Patty: Yes, sir. This property has been occupied by Cooks Machine Shop for a long,
long time. And they want to make some minor changes by, they acquired the property behind
them which is a house that was originally part of the neighborhood and I’m not clear what the
name of the neighborhood is. It’s right next to Albian Acres. And they want to use that house,
keep that house as it is essentially keep it as it is, put some parking in the front and use it as an
office. They’ve got a lot of scrap laying around the yard which they have proposed to put a
fence around along the right-of-way in order to provide a buffer in exchange for the zoning
which would I think would be a plus for the neighborhood. Also they want to use the property
across Tubman Home Road which I think is also known as Cook road for parking. And the
condition is if they do thatthey’ve got to provide trees and buffers and fences that are necessary
under the Tree Ordinance. So and we had eight objectors. We had objectors to this with a
petition with eight opposed. They all appeared to be from the neighborhood. The Planning
Commission heard both sides of it and feels that with the conditions it would be a positive thing
for both parties. And we recommend you approve it with those conditions.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: I think Mr. Patty forgot one person that was involved in that conversation.
That was me. That is in District 5. I’ve been out and I talked with some of the neighbors and I
talked with the Cook family. I think it could be a win, win. In fact I don’t know if anybody’s
here now but the ones I talked to I told them there wasn’t no sense in coming because I thought
we’d be able to resolve this. The Cooks have agreed to do what Planning has asked them to do
as far as the fence is concerned and so forth. But, Mr. Patty, there are several things that I would
like to ask of you if I may. That street is a very narrow street. It’s real narrow and it has lots of
traffic because people use it as a short cut. Okay? The Cooks, the house that they’re going to
take over as an office is right next door to a house that’s been occupied. They have a shared
driveway. Okay, so provision needs to be made where the Cooks will not use that driveway.
They will use the parking lot they’re going to create across the street. Are you with me so far?
Mr. Patty: I am and their attorney is standing over there apparently ready to comment. I
point out to you that that driveway is, the only way for them not to use that driveway would be to
go through the existing lay down yard that they have behind the building and that would
eliminate a lot of their usable area within that yard. I thought I had a picture.
26
Mr. Lockett: The driveway is narrow. I don’t see how between two homes they just put
one little bitty narrow driveway.
Mr. Patty: This is not a picture of the driveway but ---
Mr. Lockett: No, it sure isn’t.
Mr. Patty: --- that’s the entrance to the driveway. Here we go.
Mr. Lockett: Okay and now you see what I’m talking about?
Mr. Patty: Yeah.
Mr. Lockett: The house on the right that’s where they want to put the office and the
house on the left is the one that’s occupied now. Okay, now I guess it would depend on the
amount of vehicles and that’s with having the customer vehicles there. That’s the agreement.
Am I correct?
Mr. Patty: I’m sorry, what’s that?
Mr. Lockett: No customer vehicles are supposed to be there. All the customers are
supposed to park across the street in the parking lot.
Mr. Patty: They, that is not one of the conditions I don’t believe. They testified at the
meeting they wanted to actually use that front yard for parking which would eliminate the use of
the driveway I would think.
Mr. Lockett: No, I think I’m going to have to disagree with you there. I think the
parking, what front yard? You mean right ---
Mr. Patty: In front of the house.
Mr. Lockett: No, you can’t, in front of the house is a street.
Mr. Patty: I’m talking about the yard. Yard, you’re going to park in the yard. Their
attorney’s here. He can ---
Mr. Mayor: Yes, sir, if we could hear from you for a moment, please.
Mr. Sanders: Yes, sir, I’m Freddie Sanders. I represent the petitioner in this matter. And
there was, it pretty much accurately sets forth what they want to do in the explanation under of
the under that item in the agenda. They are going to take that fence down. This, they’re going
use this only as an office. They’re going to use this driveway which is part of their driveway too
and they’re going to pave the front of this where the house is and use it for parking. There’s no
room in the back to use for parking. What we told the Planning and Zoning which is true, I’m
not we wouldn’t say there wouldn’t be no customers there at all. The size of that lot would
27
restrict how many cars are there. There are, this is not a business, this is a metal shop that has in
business for 50 years. They don’t have people come there to buy things, Mr. Mayor, and the
Commissioners. This is where customers they go to their location. They don’t have anybody
coming there to buy anything. There’ll be no increased traffic. Actually the employees that will
park there would only be three cars. And because of them widening Milledgeville Road they’re
going to have a problem if they don’t get concession here to do that. So yes they do want to use
the front yard as parking but they could work with the good people that live next door. They’re
won’t be any increased traffic it’s moving the cars from in front of the business where the road is
going to be widened to that area in the office. They’ve also agreed to not put any freestanding
signs or anything of that nature and to keep it up. So they will change it where they’ll be able to
use that as a parking in there. The other side on the other parking lot is going to be used also for
because they’re going to have a problem when it’s widened to lose their parking area there. So
that’s the situation out there. They have voluntarily agreed as part of this so they neighbors will
get something out of it also to put up a six foot wooden fence to cover everything they have
around this business. So they want to be good neighbors too. They just need this to continue
their business.
Mr. Lockett: Now does the six foot fence will it go around this house or will it stop on
the other side of the house.
Mr. Sanders: It will stop on the other side of the house ---
Mr. Lockett: Okay.
Mr. Sanders: --- and it will go all the way down to Milledgeville Road and then back into
the building. So this house will look the exact same way it does now except for the, they’ll have
a little area in the back to park. But it’s so restricted it’s not going to be like no twenty cars are
going to be able to be put there.
Mr. Lockett: Okay.
Mr. Sanders: It’ll probably be filled up mostly by employees.
Mr. Lockett: Okay, but my understanding ---
Mr. Mayor: Commissioner Lockett, your two minutes is up. Do you want to be
recognized again?
Mr. Lockett: Please.
Mr. Mayor: Okay.
Mr. Lockett: Where the fence is in front of the house.
Mr. Sanders: That would come down.
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Mr. Lockett: That would come down and that’s where you said the three, the spaces
would be?
Mr. Sanders: It probably would be because of the size of the front yard it’d be restricted
to maybe at the most four or five cars. But again they’re not nobody comes to this shop to. They
probably don’t have two people there maybe a day that you would say customers so it won’t
increase the traffic.
Mr. Lockett: I appreciate that. I know the neighbors I talked with they wanted to work
out something. I talked with Ms. Cook and she wanted to work out something so I think this
would be a win, win for everybody. I appreciate your information. Thank you. Thank you, Mr.
Patty.
Mr. Mayor: Would you like to make a motion for approval?
Mr. Lockett: Move to approve.
Mr. Jackson: Second.
Mr. Mayor: Everybody gotten their questions answered? Okay, we have a motion that’s
been properly seconded. Commissioners will now vote by the usual sign of voting.
Motion carries 10-0.
Mr. Sanders: Mr. Mayor, contrary to what Mr. Russell’s rumors he spread I was not
trying to get my job back as Police Chief.
Mr. Mayor: Okay, thank you, sir. Now ya’ll, we got to snap it out a little bit. It’s fat
Tuesday. Let’s move along.
The Clerk: Do you want to address Item 40?
Mr. Mayor: Yes, ma’am, please.
The Clerk:
PUBLIC SERVICES
40. An ordinance to amend the Augusta, Ga. Code, Title Four, by adding a new article to
be designated Article 7 and new sections to be designated sections 4-2-77 through 4-2-97; to
repeal Augusta, Ga. Code Title Four, Section 4-2-1; to restrict smoking in public places and
in places of public accommodation; 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. (No recommendation from Public Services Committee February 13, 2012)
Mr. Mayor: Would anybody like to speak to this issue? Commissioner Johnson, I see
you pulling your mike down.
29
Mr. Johnson: Thank you, Mr. Mayor. I think Andrew may want to speak in regards to
this. We did have a conversation briefly yesterday regarding, I think, the E-Cigarettes that
portion of this as well. As the questions I think surrounding adequate ventilation in the bars or
nightclubs or what have you. Of course you know we went back through committee last week
and I want to give everybody ample opportunity to chime in on their concern with this matter of
course. In conjunction with this ordinance we added this smoking ban in vehicles and in the
presence of minors 14 years of age and under. And that is not unusual. It’s actually very
common in a lot of cities. I just read an article today talking about that you know kids do not
have option you know to tell their parents to put the cigarette out or whatever it is they’re
smoking. And as a result a lot of them do have some respiratory issues. I think this is just
something you know bringing some awareness to say hey to the parents of course to take note
you know do not do this is the presence of your kids. And if you do decide to smoke go into a
well-ventilated area. So I do support this item and I think and of course we’ll have several work
sessions in regard to this. And I would hope that if anybody had any reservations to speak to in
regards to allowing this let’s go ahead and move forward on this item.
Mr. Mayor: Thank you, Commissioner Johnson. I’ll just say I know that there have been
numerous public meetings. There have been many iterations of this ordinance that have come
before the body and at some point I just recommend that we vote it up or down and it’s either
pass it or go back to the drawing board. Commissioner Hatney.
Mr. Hatney: Mr. Mayor, thank you. I don’t know who to ask this question of. Am I
hearing that what you plan on doing is restricting folks from being able to smoke in their
vehicle?
Mr. Mayor: I would, Mr. MacKenzie can explain the gist the ordinance to you.
Mr. MacKenzie: Sure. This version of the ordinance in accordance to the feedback from
the various meetings we had in the last committee meeting if you look at Section 4-2-86 which is
on page 15 in the attached item. It does, it says smoking in a private vehicle children age 14 and
under are present is prohibited.
Mr. Hatney: So the next time you make an amendment you’ll stop smoking in the house
too.
Mr. MacKenzie: There’s no restriction on smoking in a house.
Mr. Hatney: What I’m saying is you’re headed that way though. If you’re telling me I
can’t smoke in my car and I don’t smoke no way but some where’s down the line we need to let
folks privacy alone. I can deal with the public stuff but folks privacy we don’t need to, leave that
alone. That’s all I’m asking because it won’t be long now before somebody can say don’t let
them smoke in the house either.
Mr. Mayor: Commissioner Bowles.
30
Mr. Bowles: Mr. MacKenzie, could you clarify the part where government owned
facilities that we rent are exempted from a portion or what exactly was that amendment that we
made.
Mr. MacKenzie: Sure, I’d be happy to address that. If you look at page 14 of the
attachment Section 4-2-84B it essentially provides for general prohibition of smoking and on
Augusta Georgia owned property. But it does allow for an exception and here’s the language for
the exception. It says, the heading part says smoking shall be prohibited in the following outdoor
places. On all outdoor property that’s adjacent to buildings owned, leased or operated by
Augusta Georgia under control of Augusta Georgia except smoking shall be permitted within a
reasonable distance of not less than 20-feet of an Augusta Georgia owned or operated building
when such building is leased or rented to a private person or entity. And that was designed to
address the concern that Tom Beck raised in department if you rent out the entire facility. It’s
basically designed to allow it to be treated as another private facility where smoking is allowed
on the premises as long as it’s not within 20 feet of the building.
Mr. Bowles: My concern with that, Mr. Mayor, is while we’re trying to prohibit smoking
in public places we’re making an exception for a public place because obviously it’s a legal thing
that people do. So why are we exempting the government from something and we’re telling
private business you can’t do this. And you know that’s the complication I see that we’re
treating private businesses differently than we’re treating ourselves. And I just have some
serious reservations.
Mr. Mayor: Commissioner Jackson.
Mr. Jackson: Thank you, Mr. Mayor. I guess it’s time for the Marlboro Man to come
back because we can’t police ourselves. We have government people within our government
driving government vehicles smoking in government vehicles. So I can’t support this because
it’s one more portion of the Federal government, local government, state government getting into
your households. So if I had to make a motion I make a motion to deny it.
Mr. Guilfoyle: Second.
Mr. Mayor: We have a motion to deny and a second. Is there any further discussion?
Mr. Brigham: Mr. Mayor?
Mr. Mayor: Commissioner Brigham then Commissioner Lockett.
Mr. Brigham: A couple of things. One, I think the amendments to the public facilities
portion was to, since we were having the government at a higher standard than the public portion
was I thought it was an amendment to allow it when you rented out public facilities that it meet
the public standard not a higher public standard. I believe that was the reason for that motion.
The other thing that I’m concerned about we want to debate about cars that’s fine. There’s
already a policy that’s been adopted by this Commission, not this Commission but a previous
Commission that says there will be no smoking in government vehicles now. That is already on
31
the books. That has already been on the books for years. That is not something new. As to
whether we want to eliminate the smoking in private cars around children, I don’t know that if
we eliminated that that would cause anything in this bill to pass or not to pass. I do believe that
we need do something to help the employees that are subject to second hand smoke that are not
wanting to be subject to second hand smoke. That was the basis of this ordinance to start with.
And I do believe that is a necessity for their health. It is their rights. They don’t want to be
around it. That is what I thought the ordinance was being drafted for the first time. And I’m
going to support the ordinance because I’m on the Board of Health and the Board of Health
supports this ordinance. Thank you, Mr. Mayor.
Mr. Mayor: Thank you Commissioner Brigham. Commissioner Lockett then
Commissioner Johnson.
Mr. Lockett: Thank you, Mr. Chairman. I know we all have read about big government
and what big government is trying to do or done. But many years ago big government said that it
was illegal to consume alcohol beverages. But in this day and age we all know that second hand
smoke is detrimental to your health. And at the same time we know that tobacco is an addiction.
Those that smoke want to smoke and I can understand that. But my main concern here is I notice
that the director of Planning and Development is going to be in the law enforcement business and
I wonder has anyone consulted the Sheriff to see how many deputies he’s going to deploy to
arrest those that are in violation of this policy? I know the enforcement mechanism is not here
but I do think that we have quite a few law abiding citizens in Augusta Georgia. I think this
ordinance should be passed so that those that are law abiding citizens will comply with it,
realizing at the same time some are not going to comply with it and we don’t have an
enforcement mechanism so this is just one of those things you kind of do on the honor system.
So I support the ordinance.
Mr. Mayor: Thank you, Commissioner Lockett. Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. And I think my colleague Commissioner Lockett
hit the nail on the head with what I was actually about to say. I think we just need to be clear.
This is not you know the government coming in. The government came in years ago and told
you what you can and can’t do and they also posed risk components to let you know the risks
that you would be taking in smoking in the presence of kids or anybody who do not smoke.
Keep in mind when you smoke a cigarette the person who is smoking a cigarette is getting
filtrated smoke. The person who is on the outside is getting unfiltered smoke. So it’s a
difference. Okay? So you have to look at what we’re dealing with here. We’re not saying two
years from now we’re going to impose an ordinance to amend this particular ordinance to say
yeah, we’re going into people’s houses to regulate how they smoke although the government
already posed sanctions saying that if you’re going to smoke do not light up in the house, do not
light up in front of your kids do walk outside in a well-ventilated area. This is common sense.
This is not government trying to impose on anybody’s freedom of rights or whatever. You have
to wear your seatbelt. That’s a right it’s in your car it’s your private car. If you want to go
through the windshield that’s your right but the government stepped in and said we have to do
our due diligence and make sure that we put this out there so that you follow the laws and you’re
chances of living is grater by wearing your seatbelt. This is the exact same thing we’re saying
32
here. We’re not saying people cannot smoke but have respect for people who are around them.
This ordinance really was originated Commissioner Brigham is exactly right for employees.
You got employees working in bars who do not smoke and they’re exposed to second hand
smoke. This is what this ordinance came about from. I actually read it today. This is nothing
new. This is simply something saying that hey, we got to work. We’re teenagers we’re in
college but we’re working in places that we’re privy to all of this smoke. So what we’re doing is
saying hey let’s put some regulations on it. I agree we’re not talking about we’re going to have a
smoke police going out stopping people from smoking. But what we’re saying is in fact if we
put this out there we’re letting the general public know that we’re paying attention to this and
we’re trying to set the tone and say look here, at least be a law abiding citizen and don’t do it in
the presence of your kids. Don’t do it in open spaces and restaurants and bars. Do it in a
designated area with proper ventilation.
Mr. Mayor: Okay.
Mr. Johnson: That’s pretty much it, Mr. Mayor. Thank you.
Mr. Mayor: Commissioner Bowles.
Mr. Bowles: Mr. Mayor, you know last week last Saturday actually when it was 32
degrees outside and kind of cold and I was at Bowles Construction and noticed some of the guys
in the warehouse and some of the girls in the warehouse they didn’t want to stand outside in the
rain and smoking a cigarette. You know 26 employees and you’re going to force people to go
out at 25 feet away from the back door of my building to stand in the rain and smoke a cigarette.
That is intrusive on the private individuals in my opinion. And while I think it’s got great
intentions the application of this is far more reaching than what we up here believe because
you’re telling people that in private business it doesn’t matter where your business is how many
people in your business smoke there will be no smoking.
Mr. Johnson: Call for the question.
Mr. Mayor: Okay, we, the question has been called for. We have a motion that’s been
made and properly seconded to deny. Commissioners will now vote by the usual sign of voting.
Mr. Aitken, Mr. Johnson, Mr. Lockett and Mr. Brigham vote No.
Mr. Hatney abstains.
Motion fails 5-4-1.
Mr. Mayor: Okay. Commissioner Johnson, point of personal privilege?
Mr. Johnson: Yes, thank you, Mr. Mayor. I would like to offer another motion, and I
don’t know how my colleagues feel about this but to move forward with this item excluding the
ban in cars with minors if that will move this item forward. I don’t know if anybody has any
heartburn with that. But if you would I would just like to entertain a motion to approve this with
exempting the ban in cars.
33
Mr. Mayor: Okay, so you’re putting that in a form of a motion. Do we have a second on
that motion?
Mr. Brigham: I’ll second that motion.
Mr. Mayor: Okay, we have a motion and a second. Commissioner Hatney.
Mr. Hatney: Mr. Mayor, can I ask the Attorney a question, please, sir?
Mr. Mayor: Sure.
Mr. Hatney: When even the motion just flat failed, nothing happened, can he bring that
back with another motion after it’s been voted on without it being revisited?
Mr. MacKenzie: This was a secondary motion. The main motion ---
Mr. Hatney: But that secondary motion was not made until after the vote was taken.
Mr. MacKenzie: What I’m saying the main motion was the one that was noticed on the
agenda. This was actually a motion to deny which was not in the motion on the agenda.
Mr. Hatney: Ya’ll change rules every week.
Mr. MacKenzie: It’s all in the rules ---
Mr. Hatney: Normally you’ve got two three votes then you go for the last one first but
once you vote and there’s no other motion out there you can’t turn around then decide you’re
going to bring up something different.
Mr. Mayor: But the, I’m going to go by the wise counsel of the Attorney that if it was
not the primary, was not the motion that was on the agenda, that’s what you’re saying, Mr.
MacKenzie, it can be re-voted.
Mr. MacKenzie: Yes, sir.
Mr. Mayor: Okay. We now have a motion to approve the ordinance removing the
portion to ban smoking in cars. If there is no further discussion Commissioners will now vote by
the usual sign of voting.
Mr. Aitken, Mr. Johnson and Brigham vote Yes.
Mr. Hatney abstains.
Motion fails 3-6-1.
Mr. Mayor: Okay, Madam Clerk, next agenda item, please.
The Clerk:
34
FINANCE
41. Consider a request from Shelley and Eddie Leclair for a refund of H5A disability
discount on property taxes for 219 Lafayette Drive for the years 2009 through 2011. (No
recommendation from Finance Committee February 13, 2012)
Mr. Mayor: Mr. Ross, are you here to speak to this? We’ll hear from you first, please,
sir, if you have a recommendation.
Mr. Ross: Very well, Mr. Mayor and Commissioners. The petition before you is
regarding and application by the Leclairs. The petition for the exemption for a disability
exemption was received by the Tax Commissioner’s Office in October 2011 and that petition has
recently been approved by the Board of Assessors effective by digest year 2012. The petitioner
today is requesting his consideration for refund of taxation for years 2009 through 2011 as if they
had the exemption in place.
Mr. Mayor: Okay. I’d like to hear from the Leclairs.
Ms. Leclair: My husband Eddie Leclair and I’m Shelley Leclair, we live at 219 Lafayette
Drive and he’s been disabled since 1999. And when I found out about the disability clause and
the tax through the homeowner taxes I called in 2004 and I spoke to someone and she said I
couldn’t make, she told me the cap which is twenty-thousand or somewhere around there. And I
told her we made more than that so we didn’t qualify. But she didn’t bother to say anything else
she just let that go. So a couple of years in 2008 Eddie called and someone told him he needed
to get two letters from two different doctors saying that he was totally and completely disabled.
So he was getting letters from two doctors. He got one from one doctor and was waiting for the
other one and he went to the Tax Commissioner Office and he spoke to someone. And she told
him the same thing that she told me or somebody had told me that he had the cap for making for
the money he made was like twenty-thousand or whatever it was. And so he said, okay, well, we
make more than that and he dropped it. He didn’t pursue it any further. But he did get one letter
from one doctor and that was the reason that he got that letter. That was the only reason and
that’s the only proof that we even spoke to anyone. And when we were at our last meeting Eddie
left like his integrity was at stake so he wanted me to let you know that he did serve in the
military for 21 years, he retired a First Sergeant and he served in Desert Storm. And in 1987 he
did rescue a boy from a plane crash a single engine plane crash, thirteen year old Brian Clark.
So just a test of his integrity.
Mr. Lockett: Mr. Chairman?
Mr. Mayor: Thank you, ma’am. Commissioner Lockett.
Mr. Lockett: From one retiree to another move to approve.
Mr. Johnson: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
35
Mr. Brigham: Mr. Mayor.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Are we making precedent by allowing a person to apply, to give an
exemption that has not applied for the exemption?
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: This is similar to other items in which there’s been a limit on the
amount of taxes that can be refunded except in this instance there was never to my knowledge of
a request, timely request made for the refund of taxes. This is, I’m having to read all of the
history of it, this is not something that’s commonly done. And I mean I’d like to hear from the
tax assessor if he knows of anything different than that.
Mr. Mayor: Mr. Ross?
Mr. Ross: Mr. Mayor.
Mr. Mayor: Mr. MacKenzie, your question for the tax assessor.
Mr. MacKenzie: The question that was asked by the Commission was whether or not this
has been done before in the past with respect to allowing multiple year refunds for items for
which a request was not made.
Mr. Ross: I’m not familiar with any.
Mr. Mayor: Okay, thank you, sir. Okay, gentlemen, the motion has been made and
properly seconded. If there’s no further discussion Commissioners will now vote by the usual
sign of voting.
Mr. Aitken and Mr. Brigham vote No.
Mr. Bowles abstains.
Motion passes 7-2-1.
Mr. Mayor: Thank you.
Commissioners thank Mr. Leclair for his service.
Mr. Mayor: Madam Clerk, on to the final agenda item.
The Clerk:
ATTORNEY
36
44. Request by City of Hephzibah for Augusta, Georgia to rescind resolution to provide
water and sewer services to Redfield Property Development (Rhodes’ Estate).
Mr. Mayor: Mr. MacKenzie, I believe you might speak to this issue?
Mr. MacKenzie: Sure, I’d be happy to address this issue. And actually we have been in
consultation with the attorney for both the developer as well as for the City of Hephzibah. This
issue has potential for litigation. If the Commission would like to discuss the legal aspects that
would be appropriate to go into a Legal Session to do that. Whether we do that now or at the
next meeting in a nut shell what you have before you is the City of Hephzibah has made a
request for August, Georgia to rescind a previous action of the Commission to provide water and
sewer services to the Redfield Property Development also known as Rhodes’ Estate.
Mr. Mayor: Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mr. Mayor. We actually have the Mayor of Hephzibah,
Robert Buchwitz, as well as Councilman Jody Boulineau who would actually like to speak on
behalf of the City of Hephzibah if we could grant them that opportunity.
Mr. Mayor: That’s fine. And just fair and equal do we have anybody representing the
developer here? Okay. I’ll give each party five minutes to speak to the issue.
Mr. Speaker: (inaudible).
Mr. Mayor: He said if we get into the legalities of the situation, yes, I think it’s, it would
be appropriate though to before we make our decision whether to refer to another meeting just
while we have the Mayor and the developer here to give them each five minutes and to go
strictly by the guidance of the Attorney if we begin to trespass into the legal issue that could
affect any litigation. Okay, yes, sir, we’ll hear from you first. They’ve deferred to you. And if
you could state your name and address for the record please sir and keep it to five minutes.
Mr. Keogh: I will. My name is William Keogh. I live in Evans, Georgia. My office is
at 801 Broad Street here in Augusta and I appreciate ya’ll listening to me today. My request is
that ya’ll table this until the next meeting. I represent the property owner of this development
and we have not been consulted at all in any of these actions by the City of Hephzibah. First of
all we don’t know what they’re doing. Part of the reason we’re asking to simply put it off two
weeks or until the next meeting so we can consult with your counsel, consult with the counsel for
the City of Hephzibah and see if we do have any dispute. The City of Hephzibah’s counsel was
unavailable last, he’s in a murder trial this week and so he has not been available for us to talk to.
So we’ve had no notice of what’s been going on, on our own property. Second of all and I think
the reason Mr. MacKenzie raised the possibility of litigation is that ya’ll need to know we’ve
been in litigation with the City of Hephzibah over this property for a number of years. There’s
an existing court order that governs how this property is going to be run and how utilities are
going to come out to this property. Currently the development plans call for the city to bring
water and sewer out to this. This was decided in 2005 and it’s something that has been in
litigation since 2006 with the City of Hephzibah. And we’re not looking for a fight with the city,
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we’re looking for two weeks so we can talk to your counsel, talk to their lawyers and make sure
we don’t have any problems. The third thing I do need to say is that as I understand what the
city is proposing they will bring us sewer or water. They will bring us one of the utilities and the
city won’t bring us any which will leave this property undevelopable. There will be a property
that has absolutely no value. It would be a inverse condemnation of our property. I’m required
to say that would take our just property rights and constitution. So all we’re asking is that you
take two weeks or until your next meeting so we can meet with your counsel, hopefully work
everything out and if not at least we’ll know what the problems are. And your counsel can give
you advice as to where we stand. Thank you very much and I’m happy to answer any questions
or otherwise I appreciate ya’ll putting up with me.
Mr. Mayor: I think it’s best to leave things unsaid at this point. Thank you, sir, and if we
could hear from the representatives from Hephzibah. And if you could state your name and
address for the record as well, please, sir.
Mr. Hawk: I’m Victor Hawk, 336 Telfair Street in Augusta. And I’m here on behalf of
the City of Hephzibah. And obviously I’ve been sequestered so I know nothing about what has
been said before I walked in here. To give it to you in a nutshell there was a resolution passed
some years back wherein the City of Augusta resolved to extend water and sewer service into the
City of Hephzibah. At the time that resolution was presented to the city unknown to the
Commissioners as far as we know the City of Hephzibah had objected, the Mayor had objected,
another Commissioner had objected, or lead to the representatives from Augusta actually came to
appear the morning the resolution was presented and were told that they could not come in, for
security reasons, the place was packed we don’t know. Thereafter letters were exchanged
between our office and counsel of behalf of the City of Augusta. Mr. Shepherd has the letter and
he advised us that with regard to the intergovernmental agreement we failed to object in writing
and therefore the resolution was going to stand as it was. We then responded that the
intergovernmental agreement did not require an objection in writing and it did not. And they
agreed that it did not and, thereafter, when this matter came up for consideration of the SPLOST
funds, we met with the Mayor, various representatives to the city including representatives from
Hephzibah to discuss this intergovernmental agreement and this particular problem that has
arisen. At that time that intergovernmental agreement now stands changed. So that with regard
to relations between the City of Augusta and Hephzibah the city the respective cities must
actually request that the services be provided inside the city limits of the respective city. It was
common sense to do that and it was one, it was a provision that resulted in Hephzibah signing off
on the SPLOST. The City of Augusta working closely with Hephzibah to implement agreements
for services from Augusta into the City of Hephzibah and Hephzibah providing service on behalf
of those citizens that also pay county taxes. We were engaged in the litigation with the Redfield
Properties. The judge has ordered that we go forward. We allowed them to go forward with
their plans for the development of other properties and we if they submit those plans within the
terms and conditions of the order we will let them do it. The reason we requested a rescission of
the resolution is very simply we had a disagreement over the circumstances leading to the
resolution unknown to most of the Commissioners at the time. We felt like that they had
resolved that disagreement at the time we met concerning SPLOST and we expected the city
withdraw that resolution. The reason it’s so important to the City of Hephzibah is this. The City
of Hephzibah doesn’t have a tax base. The source of its revenue is from its water and sewer
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service. Hephzibah cannot provide sewer service to that area but it can provide water and is
certainly willing to do so. Hephzibah is responsible for the fire protection. Hephzibah is
responsible for the police protection. And the payment for those services arises from the
provision of water. In the past Hephzibah’s cooperated with the City of Augusta when Augusta
needed water outside the city limits of Hephzibah, hooked up to the water system and we had a
good working relationship. It’s been such a good working relationship that everything’s been
done orderly, working with one another to accomplish the same goal to provide services to the
city. We are requesting that the resolution be rescinded.
Mr. Mayor: Okay.
Mr. Hawk: That’s time?
Mr. Mayor: Yes, sir.
Mr. Johnson: Mr. Mayor?
Mr. Mayor: Commissioner Johnson.
Mr. Johnson:
In lieu to I think that I guess for clarity here of what we’ve got going on I
motion that we do table it for, to the next, well, at least the next
would like to just make a
committee meeting and then we make a decision at that point.
motion that we refer it to the next Commission meeting and
Mr. Mayor: Make a
knowing that it will be discussed in the next Legal meeting --
Mr. Johnson: Correct.
Mr. Mayor: --- next Monday. Okay. Do we have a second?
Mr. Smith: 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. Guilfoyle votes No.
Motion carries 9-1.
Mr. Mayor: Okay, thank you, gentlemen. Mr. MacKenzie, no need for a Legal?
Mr. MacKenzie: At this time, no.
Mr. Mayor: Okay, with no further business to come before the body we stand adjourned.
[MEETING ADJOURNED]
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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
February 21, 2012.
______________________________
Clerk of Commission
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